STATE OF NEW YORK
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5467
2011-2012 Regular Sessions
IN SENATE
May 24, 2011
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Introduced by Sen. O'MARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law and the general munici-
pal law, in relation to confinement of animals in private facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 356-a to read as follows:
3 § 356-a. Failure to provide proper care to large numbers of animals.
4 1. A person who, having impounded, confined or in any other way housed
5 any animal, refuses or neglects to supply to such animal during its
6 confinement a sufficient supply of good and wholesome air, food, water,
7 shelter, including proper heat and cooling as appropriate, lighting,
8 hygiene, record keeping, veterinary and related care, or allows it to
9 remain in a crowded condition or in unhealthful or unsanitary
10 surroundings or not properly cared for, is guilty of a misdemeanor,
11 punishable by imprisonment for not more than one year, or by a fine of
12 not more than one thousand dollars, or by both. In case any animal shall
13 be at any time impounded, confined, or in any other way housed as afore-
14 said, and shall continue to be without necessary food and water for more
15 than twelve successive hours, it shall be lawful for any person, from
16 time to time, and as often as it shall be necessary, to enter into and
17 upon any facility in which any such animal shall be so confined, and to
18 supply it with necessary food and water, so long as it shall remain so
19 confined; such person shall not be liable to any action for such entry,
20 and the reasonable cost of such food and water may be collected by him
21 of the owner of such animal, and the said animal shall not be exempt
22 from levy and sale upon execution issued upon a judgment therefor. The
23 provisions of this paragraph shall apply to any facility that is used to
24 house or contain more than twelve adult animals or nine animals and
25 three or more litters of animals per year and animals that are owned,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11568-01-1
S. 5467 2
1 operated, or maintained by a nongovernmental entity including, but not
2 limited to, an organization operating for the purpose of finding or
3 providing permanent adoptive homes for animals, but shall not include
4 wildlife under the care of wildlife rehabilitators or laboratory animals
5 held in facilities regulated pursuant to 9 C.F.R. Parts 1, 2 and 3,
6 facilities accredited by the American zoo and aquarium association or
7 farm animals as defined in section three hundred fifty of this article.
8 2. (a) The commissioner is directed to promulgate regulations estab-
9 lishing standards for humane care and housing of animals and record
10 keeping, including animal health certificates for any animals trans-
11 ported into the state.
12 (b) Such regulations shall be enforced concurrently by the commission-
13 er and by any municipal corporation in the state.
14 § 2. The general municipal law is amended by adding a new section 139
15 to read as follows:
16 § 139. Proper food, drink, shelter and care to impounded animals. Any
17 municipal corporation may by local law or ordinance enforce regulations
18 promulgated by the commissioner of agriculture and markets pursuant to
19 section three hundred fifty-six-a of the agriculture and markets law
20 addressing proper food, drink, shelter and care to animals impounded by
21 dog or animal control officer or any peace or police officer.
22 § 3. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law.