Establishes standards for the care of abandoned, stray or seized animals and requires the release of a shelter animal to a rescue group upon request of the rescue group prior to euthanasia of the animal.
STATE OF NEW YORK
________________________________________________________________________
7312--C
2011-2012 Regular Sessions
IN ASSEMBLY
April 29, 2011
___________
Introduced by M. of A. KELLNER, TITONE, RAIA, COLTON, ZEBROWSKI, MILL-
MAN, CAMARA, ENGLEBRIGHT, BROOK-KRASNY, MOYA, WEPRIN -- Multi-Spon-
sored by -- M. of A. CURRAN, GABRYSZAK, GIBSON, GOTTFRIED, HEVESI,
KATZ, LUPARDO, MARKEY, McDONOUGH, McENENY, MONTESANO, RABBITT, TENNEY,
WEISENBERG -- read once and referred to the Committee on Agriculture
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee -- recommitted to the Committee on Agriculture in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing standards for the care of abandoned, stray or seized animals
and to require the release of a shelter animal to a rescue group upon
request of the rescue group prior to euthanasia of the animal
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "companion animal access and rescue act".
3 § 2. Subdivisions 3, 4, 6, 7-a and 8 of section 117 of the agriculture
4 and markets law, subdivisions 3 and 6 as added by chapter 220 of the
5 laws of 1978, subdivision 4 as amended and such section as renumbered by
6 section 12 of part T of chapter 59 of the laws of 2010, subdivision 7-a
7 as amended by chapter 83 of the laws of 2011 and subdivision 8 as
8 amended by chapter 221 of the laws of 1978, are amended to read as
9 follows:
10 3. [Each] Notwithstanding any state or local law to the contrary, each
11 dog seized in accordance with the provisions of this article shall be
12 properly sheltered, fed [and], watered [for the redemption period as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10491-13-1
A. 7312--C 2
1 hereinafter provided] and cared for in accordance with the provisions of
2 section three hundred seventy-three-a of this chapter.
3 [4. Each dog which is not identified, whether or not licensed, shall
4 be held for a period of five days from the day seized during which peri-
5 od the dog may be redeemed by its owner, provided that such owner
6 produces proof that the dog has been licensed and has been identified
7 pursuant to the provisions of this article and further provided that the
8 owner pays the following impoundment fees:
9 (a) not less than ten dollars for the first impoundment of any dog
10 owned by that person;
11 (b) not less than twenty dollars for the first twenty-four hours or
12 part thereof and three dollars for each additional twenty-four hours or
13 part thereof for the second impoundment, within one year of the first
14 impoundment, of any dog owned by that person; or
15 (c) not less than thirty dollars for the first twenty-four hours or
16 part thereof and three dollars for each additional twenty-four hours or
17 part thereof for the third and subsequent impoundments, within one year
18 of the first impoundment, of any dog owned by that person.
19 The impoundment fees set forth in paragraphs (a), (b) and (c) of this
20 subdivision notwithstanding, any municipality may set by local law or
21 ordinance such fees in any amount.]
22 6. [Promptly] Notwithstanding any state or local law to the contrary,
23 promptly upon seizure of any identified dog, the owner of record of such
24 dog shall be notified personally or by certified mail, return receipt
25 requested, of the facts of seizure and the procedure for redemption. If
26 notification is personally given, such dog shall be held for a minimum
27 period of [seven] nine days after day of notice, during which period the
28 dog may be redeemed by the owner. If such notification is made by mail,
29 such dog shall be held for a period of [nine] twelve days from the date
30 of mailing, during which period the dog may be redeemed by the owner. In
31 either case, the owner may redeem such dog upon payment of the following
32 impoundment fees [prescribed by subdivision four of this section] and by
33 producing proof that the dog has been licensed[.]:
34 (a) not less than ten dollars for the first impoundment of any dog
35 owned by that person;
36 (b) not less than twenty dollars for the first twenty-four hours or
37 part thereof and three dollars for each additional twenty-four hours or
38 part thereof for the second impoundment, within one year of the first
39 impoundment, of any dog owned by that person; or
40 (c) not less than thirty dollars for the first twenty-four hours or
41 part thereof and three dollars for each additional twenty-four hours or
42 part thereof for the third and subsequent impoundments, within one year
43 of the first impoundment, of any dog owned by that person.
44 7-a. Any animal in the custody of a [pound] society for the prevention
45 of cruelty to animals, humane society, pound or shelter shall be made
46 available for adoption or euthanized subject to subdivisions six, eight
47 and nine of this section and subject to the provisions of section three
48 hundred seventy-four of this chapter after the time for redemption has
49 expired; provided, however, that such release may be made to another
50 such pound, duly incorporated society for the prevention of cruelty to
51 animals, duly incorporated humane society or duly incorporated animal
52 protective association for the sole purpose of placing such animal in an
53 adoptive home, when such action is reasonably believed to improve the
54 opportunity for adoption.
55 8. The redemption periods set forth above in this section notwith-
56 standing, any municipality may establish the duration of such periods by
A. 7312--C 3
1 local law or ordinance, provided that no such period shall be less than
2 [three] five days, except that where notice to the owner is given by
3 mail, no such period shall be less than [seven] twelve days.
4 § 3. The agriculture and markets law is amended by adding a new
5 section 373-a to read as follows:
6 § 373-a. Care of impounded animals. 1. Any officer or impounding
7 organization taking possession of any animal in accordance with the
8 provisions of this chapter, regardless of whether the animal's owner is
9 identified or not identified, shall provide the animal during the
10 entirety of the animal's custody or constructive custody with:
11 a. fresh food and fresh water on at least a daily basis;
12 b. environmental enrichment such as socialization, toys and treats to
13 promote the animal's psychological well-being;
14 c. regular daily exercise suitable to the animal's physical and
15 psychological condition;
16 d. clean living environments, including but not limited to the cage,
17 kennel and/or space where the animal is housed. Such areas shall prompt-
18 ly receive necessary cleaning to ensure environments that are welcoming
19 to the public and hygienic for both the public and animals, and to
20 prevent disease. All animals shall be temporarily removed from their
21 cages, kennels, or other living environments during the process of
22 cleaning to prevent them from being exposed to water from hoses or
23 sprays, cleaning solutions, detergents, solvents, and/or chemicals; and
24 e. prompt and necessary veterinary care, including but not limited to
25 preventative vaccinations, parasite control, cage rest, fluid therapy,
26 pain management, and/or antibiotics, sufficient to alleviate any pain or
27 suffering caused by disease or injury, to prevent a condition from wors-
28 ening, and to allow the animal to leave the shelter in reasonable condi-
29 tion, even if the animal is not a candidate for redemption, transfer, or
30 adoption.
31 2. Upon taking possession of any animal, any officer or impounding
32 organization taking possession of any animal impounded in accordance
33 with the provisions of this chapter shall:
34 a. ensure that the animal is checked for all currently acceptable
35 methods of identification, including microchips, identification tags,
36 collars, tattoos, and licenses;
37 b. maintain lists, updated not less than once daily, of animals
38 reported lost in the geographic area served by the facility having
39 custody of the animal, and compare the lost reports with animals
40 reported found and animals in the shelter; and
41 c. post a description of each stray animal on the Internet on a
42 website maintained for that purpose. The description shall be suffi-
43 ciently detailed to allow the animal to be recognized and claimed by its
44 owner, and shall include but not be limited to descriptions of identifi-
45 cation found on the animal, the breed, approximate size and weight,
46 coloring and identifying marks, the date and hour of seizure, the offi-
47 cial identification number of such animal, if any, the location where
48 found, the reason for impound, and the owner's name and address, if
49 known.
50 3. If identification is found on an animal, the officer or impounding
51 organization shall, upon taking possession of the animal, undertake
52 reasonable efforts to notify the owner or caretaker of the location of
53 the animal and the procedures available for the lawful recovery of the
54 animal. These efforts shall include, but are not limited to, notifying
55 the possible owner by telephone, mail, or personal service to the last
56 known address. The officer or impounding organization shall, following
A. 7312--C 4
1 the initiation of efforts to notify the owner or caretaker, retain
2 custody of the animal for a minimum period of nine days to allow for
3 redemption.
4 4. a. No animal in the possession of an officer or impounding organ-
5 ization shall be destroyed except in accordance with the provisions of
6 this section and section three hundred seventy-four of this article.
7 Before an animal is destroyed, all of the following conditions must be
8 met:
9 (1) there are no empty cages, kennels, or other living environments at
10 the impounding organization's facilities or at any associated facili-
11 ties; and
12 (2) the animal cannot share a cage or kennel with another animal
13 because the animal is aggressive to other animals, has a contagious
14 illness the other animal does not have, or is injured and sharing the
15 cage with another animal will aggravate the injury; and
16 (3) a foster home is not available; and
17 (4) animal rescue or adoption organizations or organizations formed
18 for the prevention of cruelty to animals have been notified of the sche-
19 duled euthanasia pursuant to the provisions of subdivision nine of
20 section three hundred seventy-four of this article and there are no
21 animal rescue or adoption organizations or organizations formed for the
22 prevention of cruelty to animals willing to accept the animal; and
23 (5) all mandates, programs and services of this chapter have been met;
24 and
25 (6) the director of the impounding organization having custody of the
26 animal certifies he or she has no other alternative.
27 b. The provisions of this subdivision shall not apply to:
28 (1) an animal who is experiencing irremediable physical suffering with
29 a prognosis for recovery that is poor or grave even with comprehensive
30 prompt and necessary veterinary care, as certified in writing by a
31 veterinarian licensed to practice medicine in this state; or
32 (2) an animal suspected to carry and exhibiting signs of rabies as
33 certified in writing by a veterinarian licensed to practice medicine in
34 this state; or
35 (3) a symptomatic dog with a confirmed case of parvovirus with a prog-
36 nosis for recovery that is poor or grave even with comprehensive prompt
37 and necessary veterinary care as certified in writing by a veterinarian
38 licensed to practice medicine in this state; or
39 (4) a symptomatic cat with a confirmed case of panleukopenia with a
40 prognosis for recovery that is poor or grave even with comprehensive
41 prompt and necessary veterinary care as certified in writing by a veter-
42 inarian licensed to practice medicine in this state; or
43 (5) an animal that has been determined by a court having competent
44 jurisdiction to be dangerous pursuant to the provisions of section one
45 hundred twenty-three of this chapter; or
46 (6) a dog with a history of unprovoked biting that has resulted in
47 severe injury to a human being and which was documented by the officer
48 or impounding organization prior to the current impound of the animal.
49 Documentation must consist of medical reports made at the time the prior
50 bite incident occurred or was reported, as well as medical reports docu-
51 menting the circumstances of the bite and the severity of the injury.
52 c. The determination that all conditions of paragraph a of this subdi-
53 vision have been met or that one or more of the exceptions under para-
54 graph b of this subdivision apply shall be made in writing, signed by
55 the director of the agency, and be made available for free public
56 inspection for no less than three years.
A. 7312--C 5
1 5. Each officer or impounding organization shall post, in a conspicu-
2 ous place at the location where animals are being relinquished, a sign
3 which is clearly visible and readable from any vantage point in the
4 area, containing the following information, identified by species-type,
5 and shall post such information on the internet in a website maintained
6 for that purpose, and shall provide such information in writing, at no
7 cost, to any person requesting the information:
8 a. the number of animals impounded at the facility during the prior
9 calendar year; and
10 b. the number of animals impounded during the prior calendar year who
11 were adopted; and
12 c. the number of animals impounded during the prior calendar year who
13 were transferred to other agencies for adoption; and
14 d. the number of animals impounded during the prior calendar year who
15 were reclaimed by their owners; and
16 e. the number of animals impounded during the prior calendar year who
17 died, were lost, and/or were stolen; and
18 f. the number of animals impounded during the prior calendar year who
19 were destroyed.
20 6. As used in this section:
21 a. "impounding organization" shall have the meaning defined in subdi-
22 vision six of section three hundred seventy-three of this article;
23 b. "officer" means a dog control officer or peace officer, acting
24 pursuant to his or her special duties, or police officer in the employ
25 or under contract to a municipality;
26 c. "severe injury" means any physical injury that results in broken
27 bones, permanently disfiguring lacerations requiring multiple sutures or
28 cosmetic surgery; and
29 d. "unprovoked bite" means a bite that is not provoked. A bite is
30 provoked if, among other things, it occurs because the dog was being
31 taunted, or the dog was acting in defense of self, a person, another
32 animal, or property, or the dog was acting from maternal instinct, or
33 the dog was reacting to hunger, pain, or fear, or the dog bites acci-
34 dentally, as when playing.
35 § 4. Subdivision 2 of section 374 of the agriculture and markets law,
36 as amended by chapter 449 of the laws of 2010, is amended to read as
37 follows:
38 2. In the absence of such findings or certification, a duly incorpo-
39 rated humane society, a duly incorporated society for the prevention of
40 cruelty to animals, or any pound maintained by or under contract or
41 agreement with any county, city, town or village may after five days
42 make available for adoption or have humanely destroyed in accordance
43 with the provisions of this section and subject to subdivision four of
44 section three hundred seventy-three-a of this article and to subdivision
45 nine of this section and to subdivisions six, eight and nine of section
46 one hundred [eighteen] seventeen of this chapter, any animal of which
47 possession is taken as provided for in the preceding section, unless the
48 same is earlier redeemed by its owner.
49 § 5. Section 374 of the agriculture and markets law is amended by
50 adding a new subdivision 9 to read as follows:
51 9. a. No animal in the care or custody of a duly incorporated society
52 for the prevention of cruelty to animals, a duly incorporated humane
53 society, or a pound or shelter, whether such entity be public or
54 private, shall be destroyed if, prior to the killing of that animal for
55 any reason other than irremediable physical suffering of the animal upon
56 a certification made in writing and signed by a veterinarian licensed to
A. 7312--C 6
1 practice medicine in the state that the prognosis for recovery is poor
2 or grave even with comprehensive prompt and necessary veterinary care, a
3 nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code
4 animal rescue or adoption organization or organization formed for the
5 prevention of cruelty to animals requests possession of the animal.
6 Only for purposes of establishing the initial relationship between the
7 shelter and the animal adoption or rescue organization or organization
8 formed for the prevention of cruelty to animals, the shelter may request
9 that the animal adoption or rescue organization or organization formed
10 for the prevention of cruelty to animals provide one time proof that it
11 has been in existence for at least one year, and the organization has a
12 relationship with a licensed veterinarian. Proof of the one year rescue
13 threshold shall be conclusively established by a copy of the organiza-
14 tion's articles of incorporation showing an incorporation date of at
15 least one year past, or a letter from a licensed veterinarian stating
16 that the veterinarian has been treating animals rescued by the organiza-
17 tion for at least one year, or through other objective criteria such as
18 a dated advertisement concerning the rescue efforts of the organization.
19 Proof of a relationship with a licensed veterinarian shall be conclu-
20 sively established by a letter from a licensed veterinarian confirming
21 the relationship. In addition to any required spay or neuter deposit,
22 the facility having possession of the animal, at its discretion, may
23 assess a fee, not to exceed the standard adoption fee, for animals
24 released to such organizations.
25 b. (1) An animal rescue or adoption organization or organization
26 formed for the prevention of cruelty to animals interested in taking
27 possession of one or more animals pursuant to the provisions of this
28 subdivision shall notify the society for the prevention of cruelty to
29 animals, the humane society, pound or shelter, as applicable, of its
30 desire to do so and shall provide the society for the prevention of
31 cruelty to animals, the humane society, pound or shelter with contact
32 information for the animal rescue or adoption organization or organiza-
33 tion formed for the prevention of cruelty to animals. An animal rescue
34 or adoption organization or organization formed for the prevention of
35 cruelty to animals may, at its option, file one notice with a society
36 for the prevention of cruelty to animals, humane society, pound or shel-
37 ter requesting that it be notified of all animals held by that facility
38 and scheduled for euthanasia.
39 (2) At least one business day prior to the scheduled euthanasia of an
40 animal, the facility having possession of the animal shall provide
41 notice to the animal rescue or adoption organization or organization
42 formed for the prevention of cruelty to animals of the scheduled eutha-
43 nasia by:
44 (A) posting of the identification number of such animal on the website
45 of the facility having possession of the animal by direct link from the
46 facility's website home page if they currently have one; or
47 (B) by contacting the animal rescue or adoption organization or organ-
48 ization formed for the prevention of cruelty to animals directly by one
49 or more of the following means:
50 (i) e-mail to the e-mail address on file;
51 (ii) phone to the phone number on file;
52 (iii) text message to the phone number on file;
53 (iv) fax to the fax number on file; or
54 (v) any other means of electronic written communication as provided by
55 the animal rescue or adoption organization or organization formed for
56 the prevention of cruelty to animals.
A. 7312--C 7
1 (3) An animal rescue or adoption organization or organization formed
2 for the prevention of cruelty to animals intending to take possession of
3 an animal scheduled for euthanasia shall notify the facility having
4 possession of the animal of the animal rescue or adoption organization's
5 or organization formed for the prevention of cruelty to animals' intent
6 to take possession of the animal, at any time prior to the animal's
7 euthanasia, by phone, e-mail, fax, text message, or other electronic
8 written request.
9 (4) An animal rescue or adoption organization or organization formed
10 for the prevention of cruelty to animals taking possession of an animal
11 pursuant to the provisions of this subdivision shall do so within two
12 business days of the time the organization notifies the society for the
13 prevention of cruelty to animals, humane society, or a pound or shelter
14 possessing the animal, as applicable, that it is seeking custody of the
15 animal, not including the day upon which the notice is given.
16 c. Upon taking possession of an animal, an animal rescue or adoption
17 organization or organization formed for the prevention of cruelty to
18 animals shall assume all liability for the animal while the animal is in
19 the custody and control of the organization; provided that the organiza-
20 tion shall not be deemed responsible for harm caused to or by the animal
21 that:
22 (1) occurred prior to the time the organization assumed possession of
23 the animal; or
24 (2) is due to the acts or omissions of a person not associated with
25 the organization.
26 d. The provisions of this subdivision shall not apply to:
27 (1) an animal suspected to carry and exhibiting signs of rabies, as
28 determined by a licensed veterinarian;
29 (2) symptomatic dogs with confirmed cases of parvovirus upon a certif-
30 ication made in writing and signed by a veterinarian licensed to prac-
31 tice medicine in the state that the prognosis for recovery is poor or
32 grave even with comprehensive prompt and necessary veterinary care;
33 (3) symptomatic cats with confirmed cases of panleukopenia upon a
34 certification made in writing and signed by a veterinarian licensed to
35 practice medicine in the state that the prognosis for recovery is poor
36 or grave even with comprehensive prompt and necessary veterinary care;
37 (4) an animal that has been determined by a court having competent
38 jurisdiction to be dangerous pursuant to the provisions of section one
39 hundred twenty-three of this chapter; or
40 (5) a dog with a history of unprovoked biting that has resulted in
41 severe injury to a human being and which was documented by the society
42 for the prevention of cruelty to animals, the humane society, pound or
43 shelter, as applicable, prior to the current impound of the animal.
44 Documentation must consist of medical reports made at the time the prior
45 bite incident occurred or was reported, as well as medical records docu-
46 menting the circumstances of the bite and the severity of the injury.
47 The documentation shall be kept on file with the documenting entity for
48 three years.
49 (6) As used in this subdivision: (A) "severe injury" means any phys-
50 ical injury that results in broken bones, permanently disfiguring lacer-
51 ations requiring multiple sutures or cosmetic surgery; and
52 (B) "unprovoked biting" means biting that is not provoked. Biting is
53 provoked if, among other things, it occurs because the dog was being
54 taunted, or the dog was acting in defense of self, a person, another
55 animal, or property, or the dog was acting from maternal instinct, or
A. 7312--C 8
1 the dog was reacting to hunger, pain, or fear, or the dog bites acci-
2 dentally, as when playing.
3 e. (1) Any animal rescue or adoption organization or organization
4 formed for the prevention of cruelty to animals having an officer, board
5 member, staff member or volunteer who has been convicted of a criminal
6 offense having as its primary effect the prevention or punishment of
7 animal neglect or animal cruelty or dog fighting shall be prohibited
8 from being an adoptive organization under the terms of this subdivision
9 until such time as that officer, board member, staff member or volunteer
10 is no longer associated with the organization.
11 (2) Any animal rescue or adoption organization or organization formed
12 for the prevention of cruelty to animals having an officer, board
13 member, staff member or volunteer against whom charges of violating the
14 provisions of a statute having as its primary effect the prevention or
15 punishment of animal neglect or animal cruelty or dog fighting are pend-
16 ing in a court of law shall be prohibited from being an adoptive organ-
17 ization under the terms of this subdivision until such time as that
18 officer, board member, staff member or volunteer is no longer associated
19 with the organization or such charges are dismissed or dropped.
20 (3)(A) If the society for the prevention of cruelty to animals, the
21 humane society, pound or shelter has legally sufficient reasonable
22 suspicion to believe that the placement of an animal with a particular
23 animal rescue or adoption organization or organization formed for the
24 prevention of cruelty to animals will expose the animal to a situation
25 involving criminal neglect or cruelty to animals, it may condition the
26 release of the animal to such animal rescue or adoption organization or
27 organization formed for the prevention of cruelty to animals upon the
28 conduct of an inspection of the animal rescue or adoption organization's
29 facility to which that animal is going.
30 (B) The need for and reasonable suspicion for requesting such
31 inspection may not be determined solely on the basis of anonymous
32 complaints except if made by a relative of the rescuer. Upon request,
33 the society for the prevention of cruelty to animals, the humane socie-
34 ty, pound or shelter, as applicable shall divulge to the animal rescue
35 or adoption organization or organization formed for the prevention of
36 cruelty to animals any and all information pertaining to its determi-
37 nation of reasonable suspicion for an inspection, provided that the
38 shelter can excise the name of the complainant.
39 (C) The animal rescue or adoption organization or organization formed
40 for the prevention of cruelty to animals may agree to or refuse the
41 inspection. If the organization agrees to an inspection, such inspection
42 shall be conducted within forty-eight hours of the time the organization
43 agrees to the inspection. If the inspection is not conducted within the
44 forty-eight hour period, the right to an inspection shall be deemed to
45 have been waived. If the organization refused the inspection, the socie-
46 ty for the prevention of cruelty to animals, the humane society, pound
47 or shelter, as applicable, may decline to place the animal with the
48 refusing organization.
49 (D) The inspection authorized by the provisions of this subparagraph
50 shall be conducted by a peace officer, as defined in section 2.10 of the
51 criminal procedure law, who is authorized to investigate crimes pursuant
52 to his or her regular duties.
53 (E) The inspected animal rescue or adoption organization or organiza-
54 tion formed for the prevention of cruelty to animals shall be notified
55 of the results of the inspection and whether the animal will be released
56 to the animal rescue or adoption organization or organization formed for
A. 7312--C 9
1 the prevention of cruelty to animals within twenty-four hours of the
2 completion of the inspection.
3 (F) A filing of criminal neglect or cruelty charges following
4 inspection as provided in this subparagraph will constitute a failed
5 inspection.
6 (G) No animal shall be destroyed until at least twenty-four hours
7 after the filing of criminal charges against the animal rescue or
8 adoption organization or organization formed for the prevention of
9 cruelty to animals and provided no other organization has requested the
10 animal.
11 (H) An animal whose placement is the subject of an inspection as
12 provided in this subparagraph may be released prior to or during the
13 conduct of an inspection to another animal rescue or adoption organiza-
14 tion or organization formed for the prevention of cruelty to animals
15 that requests the animal.
16 f. As used in this subdivision, "irremediable physical suffering"
17 means that the animal suffers from a medical condition that has a poor
18 or grave prognosis and that the animal is unlikely to be able to live
19 without prolonged, severe and unremitting pain despite necessary veteri-
20 nary care.
21 § 6. This act shall take effect immediately.
