How to Investigate Animal Cruelty in NY State – A Manual of Procedures

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NEW YORK STATE AGRICULTURE & MARKETS LAW

Article 26
Section 359
TRANSPORTATION OF HORSES
  1. Every vehicle utilized for the transportation of more than six horses shall meet the following requirements:
    1. The Interiors of compartments containing horses shall be constructed of smooth materials, containing no sharp objects or protrusions which are hazardous;
    2. The floors shall be of such construction or covered with abrasive material so as to prevent horses from skidding or sliding;
    3. There shall be sufficient apertures to ensure adequate ventilation;
    4. There shall be sufficient insulation or coverings to maintain an adequate temperature in the compartment containing horses;
    5. Partitions of sturdy construction shall be placed a maximum of ten feet apart in vehicles which do not have stalls;
    6. Doorways shall be of sufficient height to allow safe ingress and egress of each horse contained in the compartment;
    7. Each compartment containing horses shall be of such height so as to allow sufficient clearance above the poll and withers of each horse in the compartment;
    8. Ramps sufficient for loading and unloading horses shall be provided if the vertical distance from the floor of the compartment containing horses to the ground is greater than fifteen inches; and
    9. There shall be at least two doorways for ingress and egress, which shall not be on the same side.
  2. Every vehicle utilized for the transportation of more than six horses over a highway shall have no more than one tier holding animals in the compartment containing horses.
  3. (a) Transporting a horse in violation of this section shall be a violation punishable by a fine of not more than two hundred dollars.
    (b) Any subsequent violation of this section on a date following a conviction under the provisions of this section shall be a misdemeanor punishable by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both.
  4. The commissioner shall promulgate rules and regulations, including size specifications, and established guidelines in order to facilitate compliance with the provisions of this section.
  5. (a) The term “horse” as used throughout this section shall apply to the entire family of equidae.
    (b) The term “vehicle” as used throughout this section shall apply to every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
  6. The court in which a conviction under the provisions of this section is obtained, shall,within thirty days of such conviction, transmit a copy of the record of conviction to thedepartment which shall maintain a record of such conviction for the purpose of identifying subsequent violations of this section.

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