Relates to the care and collection of abandoned animals on vacant property; requires notification to the appropriate authorities by anyone authorized to be on vacant land where such person finds an animal which based on its physical appearance or lack of available food or water appears abandoned, within six hours of an encounter.
STATE OF NEW YORK
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1083
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. ROSENTHAL, MILLER -- read once and referred to
the Committee on Judiciary
AN ACT to amend the agriculture and markets law, in relation to the care
and collection of animals on vacant property
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 373 of the agriculture and markets law is amended
2 by adding a new subdivision 2-a to read as follows:
3 2-a. a. Notwithstanding sections thirteen hundred seven and nineteen
4 hundred seventy-one of the real property actions and proceedings law or
5 any other provision of law to the contrary, any person or entity who is
6 authorized to be on property that has been vacated as a result of an
7 eviction, property foreclosure, forfeiture or default on a mortgage,
8 trust deed or land sales contract, or abandonment who encounters an
9 animal which based on its physical appearance or lack of available food
10 or water appears abandoned on such property shall promptly, but not
11 later than six hours after such encounter, notify the dog control offi-
12 cer, the police, or agent or officer of a duly incorporated society for
13 the prevention of cruelty to animals about such encounter, for the
14 purpose of promptly retrieving or providing necessary care for such
15 animal at the property until the animal can be retrieved. Animals
16 removed from the premises shall be placed in the custody of a pound,
17 duly incorporated society for the prevention of cruelty to animals, duly
18 incorporated humane society, or duly incorporated animal protective
19 association and cared for in accordance with the provisions of this
20 section, section three hundred seventy-four of this article, section one
21 hundred seventeen of this chapter, and all other laws and ordinances
22 that govern the humane treatment of animals. Failure to provide notifi-
23 cation as provided for in this subdivision shall be a violation.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05195-01-3
A. 1083 2
1 b. Nothing in this section shall be construed to limit or restrict in
2 any way agents or officers of societies for the prevention of cruelty to
3 animals or the police from enforcing provisions of this article or any
4 other law relating to abandonment of animals or the inhumane treatment
5 of or cruelty to animals.
6 § 2. This act shall take effect on the sixtieth day after it shall
7 have become a law.