Relates to the humane destruction or other disposition of certain animals by shelters; requires animals to be made available for adoption for 90 days unless a veterinarian certifies that such animal should be humanely destroyed for health reasons.
STATE OF NEW YORK
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S. 3194 A. 2519
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 20, 2017
___________
IN SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Agriculture
IN ASSEMBLY -- Introduced by M. of A. MALLIOTAKIS -- read once and
referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
humane destruction or other disposition of certain animals by a duly
incorporated humane society or society for the prevention of cruelty
to animals, dog control officer, or any police officer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 6, 7, 7-a, 8, 9 and 11 of section 117 of the
2 agriculture and markets law, such section as renumbered by section 12 of
3 part T of chapter 59 of the laws of 2010, subdivisions 6, 9 and 11 as
4 added by chapter 220 of the laws of 1978, subdivision 7 as amended by
5 section 13 of part T of chapter 59 of the laws of 2010, subdivision 7-a
6 as amended by chapter 83 of the laws of 2011 and subdivision 8 as
7 amended by chapter 221 of the laws of 1978, are amended to read as
8 follows:
9 6. Promptly upon seizure of any identified dog, the owner of record of
10 such dog shall be notified personally or by certified mail, return
11 receipt requested, of the facts of seizure and the procedure for redemp-
12 tion. If notification is personally given, such dog shall be held for a
13 period of seven days after day of notice, during which period the dog
14 may be redeemed by the owner. If such notification is made by mail, such
15 dog shall be held for a period of nine days from the date of mailing,
16 during which period the dog may be redeemed by the owner. In either
17 case, the owner may redeem such dog upon payment of the impoundment fees
18 prescribed by subdivision four of this section and by producing proof
19 that the dog has been licensed, provided, however, that the notification
20 requirements and redemption rights provided by this subdivision are
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06052-01-7
S. 3194 2 A. 2519
1 inapplicable if the owner relinquished possession and control of the dog
2 pursuant to subdivision one of section three hundred seventy-four of
3 this chapter and such dog shall be made available for adoption subject
4 to subdivision seven, seven-a, eight and nine of this section and
5 subject to the provisions of subdivisions two and three of section three
6 hundred seventy-four of this chapter.
7 7. An owner shall forfeit title to any dog unredeemed at the expira-
8 tion of the appropriate redemption period prescribed by subdivisions
9 six, eight and nine of this section and subject to the provisions of
10 section three hundred seventy-four of this chapter, and the dog shall
11 then be made available for adoption [or euthanized] subject to [subdivi-
12 sions six, eight and nine] subdivision seven-a of this section and
13 subject to the provisions of section three hundred seventy-four of this
14 chapter or euthanized subject to the provisions of section three hundred
15 seventy-four of this chapter. Any municipality may by local law or ordi-
16 nance establish additional conditions for adoption including the
17 requirement that adopted dogs shall be spayed or neutered before or
18 after release from custody upon such terms and conditions as the munici-
19 pality may establish.
20 7-a. Any animal in the custody of a pound or shelter shall, after the
21 expiration of the appropriate redemption period prescribed by subdivi-
22 sions six, eight and nine of this section and subject to the provisions
23 of section three hundred seventy-four of this chapter, be made available
24 for adoption or euthanized subject to [subdivisions six, eight and nine
25 of this section and subject to] the provisions of section three hundred
26 seventy-four of this chapter [after the time for redemption has
27 expired]; provided, however, that such release may be made to another
28 such pound, duly incorporated society for the prevention of cruelty to
29 animals, duly incorporated humane society or duly incorporated animal
30 protective association for the sole purpose of placing such animal in an
31 adoptive home, when such action is reasonably believed to improve the
32 opportunity for adoption.
33 8. The redemption periods set forth above in this section notwith-
34 standing, any municipality may establish the duration of such periods by
35 local law or ordinance, provided that no such period shall be less than
36 [three] five days, except that where notice to the owner is given by
37 mail, no such period shall be less than seven days.
38 9. Any dog, owned by a resident of any city having a population of
39 over two million or by a non-resident of this state, seized and impound-
40 ed pursuant to the provisions of this article, and whose owner can be
41 identified, shall be subject to subdivision six of this section,
42 provided, however, that the notification requirements and redemption
43 rights provided by such subdivision are inapplicable if the owner relin-
44 quished possession and control of the dog pursuant to subdivision one of
45 section three hundred seventy-four of this chapter and such dog shall be
46 made available for adoption pursuant to the provisions of subdivisions
47 two and three of section three hundred seventy-four of this chapter. If
48 the dog is licensed pursuant to the provisions of law of the area of the
49 owner's residence, the licensing requirements of this article shall not
50 apply provided such dog is not harbored within this state outside any
51 city having a population of over two million for a period exceeding
52 thirty days.
53 11. No liability in damages or otherwise shall be incurred on account
54 of the seizure, euthanization or adoption of any dog pursuant to the
55 provisions of this article or of section three hundred seventy-four of
56 this chapter.
S. 3194 3 A. 2519
1 § 2. Subdivisions 1 and 2 of section 374 of the agriculture and
2 markets law, as amended by chapter 449 of the laws of 2010, are amended
3 to read as follows:
4 1. Any agent or officer of any duly incorporated humane society, a
5 duly incorporated society for the prevention of cruelty to animals, any
6 dog control officer, or any police officer, may lawfully cause to be
7 humanely destroyed (by means provided for in paragraph a of subdivision
8 three of this section) any animal found abandoned and not properly cared
9 for, or any lost, strayed, homeless or unwanted animal, if upon examina-
10 tion a licensed veterinarian shall certify in writing, or if two
11 reputable citizens called upon by such agent, officer or police officer
12 to view the same in his or her presence find that the animal is so
13 maimed, diseased, disabled, or infirm so as to be unfit for any useful
14 purpose and that humane euthanasia is warranted; or after such agent,
15 officer or police officer has obtained in writing from the owner of such
16 animal his or her consent to such destruction; provided however, that if
17 an animal is not maimed, diseased, disabled or infirm such owner shall
18 not consent to destruction of such animal and shall relinquish ownership
19 and possession of such animal to a duly incorporated humane society, a
20 duly incorporated society for the prevention of cruelty to animals, or
21 any pound maintained by or under contract or agreement with any county,
22 city, town or village.
23 2. In the absence of such findings or certification, a duly incorpo-
24 rated humane society, a duly incorporated society for the prevention of
25 cruelty to animals, or any pound maintained by or under contract or
26 agreement with any county, city, town or village [may] shall after five
27 days make available for adoption [or have humanely destroyed in accord-
28 ance with the provisions of this section and subject to], unless a long-
29 er period is prescribed by subdivisions six, eight and nine of section
30 one hundred [eighteen] seventeen of this chapter, any animal of which
31 possession is taken as provided for in [the preceding] section three
32 hundred seventy-three of this article, unless the same is earlier
33 redeemed by its owner, provided that no owner who relinquished
34 possession and ownership of an animal pursuant to subdivision one of
35 this section shall be allowed to redeem such animal and such animal
36 shall be immediately made available for adoption.
37 § 3. Section 374 of the agriculture and markets law is amended by
38 adding a new subdivision 2-a to read as follows:
39 2-a. Any animal of which possession is taken pursuant to subdivision
40 one of this section that is in the possession of a duly incorporated
41 humane society, a duly incorporated society for the prevention of cruel-
42 ty to animals, or any pound maintained by or under contract or agreement
43 with any county, city, town or village and has not been redeemed or
44 adopted pursuant to subdivision two of this section, shall be made
45 available for adoption for a reasonably practicable period that shall
46 not be less than ninety days, which shall commence immediately after the
47 expiration of the redemption period provided by subdivision two of this
48 section provided that if during such period a veterinarian certifies
49 that such animal is so maimed, diseased, disabled, or infirm as to be
50 unfit for any useful purpose such animal may, in the discretion of the
51 entity in possession of such animal, be humanely destroyed in accordance
52 with the provisions of this section and subject to subdivisions six,
53 eight and nine of section one hundred seventeen of this chapter prior to
54 the expiration of such period. After the expiration of such period, such
55 animal may, in the discretion of the entity in possession of such
56 animal, be humanely destroyed in accordance with the provisions of this
S. 3194 4 A. 2519
1 section and subject to subdivisions six, eight and nine of section one
2 hundred seventeen of this chapter. For purposes of this subdivision,
3 when determining a reasonably practicable period, consideration shall be
4 given to the number of other animals at the shelter, the shelter's
5 capacity for housing and caring for animals, the length of time that the
6 animal has been in the shelter, and the animal's health.
7 § 4. This act shall take effect on the ninetieth day after it shall
8 have become a law; provided, however, that effective immediately, the
9 addition, amendment and/or repeal of any rule or regulation necessary
10 for the implementation of this act on its effective date are authorized
11 and directed to be made and completed on or before such effective date.