How to Investigate Animal Cruelty in NY State - A Manual of
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NEW YORK STATE AGRICULTURE &
MARKETS LAW
Article 26
ANIMALS
Section
- 350. Definitions
- 351. Prohibition of
animal fighting
- 353. Overdriving,
torturing and injuring animals; failing to provide proper sustenance
- 353a. Aggravated
cruelty to animals
- 353b. Appropriate
shelter for dogs left outdoors
- 353c.
Electrocution of fur-bearing animals prohibited
- 353d.
Confinement of companion animals in vehicles: extreme temperatures
- 354. Sale of baby
chicks and baby rabbits
- 355. Abandonment of
animals
- 356. Failing to
provide proper food and drink to impounded animal
- 357. Selling or
offering to sell or exposing diseased animal
- 358. Selling disabled
horses
- 358a. Live animals
as prizes prohibited
- 359. Carrying animal
in a cruel manner
- 359a. Transportation
of horses
- 360. Poisoning or
attempting to poison animals
- 361. Interference with
or injury to certain domestic animals
- 362. Throwing
substance injurious to animals in public place
- 363. Unauthorized
possession of dogs presumptive evidence of larceny
- 364. Running horses on
highway
- 365. Clipping or
cutting the ears of dogs
- 366. Dog stealing
- 366a. Removing,
seizing or transporting dogs for research purposes
- 367. Leaving state to
avoid provisions of this article
- 368. Operating upon
tails of horses unlawful
- 369. Interference
with officers
- 370. Protection of
the public from attack by wild animals and reptiles
- 371. Powers of peace
officers
- 372. Issuance of
warrants upon complaint
- 373. Seizure of
animals lost, strayed, homeless, abandoned or improperly confined or
kept
- 374. Humane
destruction or other disposition of animals lost, strayed, homeless,
abandoned or improperly confined or kept
- 375. Officer may
take possession of animals or implements used in fights among animals
- 376. Disposition of
animals or implements used in fights among animals
- 377. Disposal of
dead animals
377a. Spaying and neutering of dogs and cats
378. Unlawful
tampering with animal research
- 379. Prohibition
of the selling of fur, hair, skin or flesh of a dog or cat
350. Definitions
- "Animal" as used in this article, includes
every
living creature except a human being.
- "Torture" or "cruelty"
includes every act, omission,
or neglect, whereby unjustifiable physical pain, suffering or death is
caused or permitted.
- "Adoption" means the delivery to any natural
person
eighteen years of age or older, for the limited purpose of harboring a
pet, of any dog or cat, seized or surrendered.
- "Farm animal," as used in this article, means
any
ungulate, poultry, species of cattle, sheep, swine, goats, llamas,
horses or furbearing animals, as defined in section 111907 of the
Environmental Conservation Law, which are raised for commercial or
subsistence purposes. Furbearing animals shall not include dogs or
cats.
- "Companion animal" or "pet,"
means any dog or cat,
and shall also mean any other domesticated animal normally maintained
in or near the household of the owner or person who cares for such
other domesticated animal. "Pet" or
"companion animal " shall not
include a "farm animal," as defined in this section.
351. Prohibition
of animal fighting
- For purposes of this section, the term "animal
fighting" shall mean any fight between cocks or other birds,
or between
dogs, bulls, bears or any other animals, or between any such animal and
a person or persons, except in exhibitions of a kind commonly featured
at rodeos.
- Any person who engages in any of the following
conduct is guilty of a felony and is punishable by imprisonment for a
period not to exceed four years, or by a fine not to exceed twenty-
five thousand dollars, or by both such fine and imprisonment:
- For amusement or gain, causes any animal to
engage in animal fighting; or
- Trains any animal under circumstances evincing an
intent that such animal engage in animal fighting for amusement or
gain; or
- Breeds, sells or offers for sale any animal under
circumstances evincing an intent that such animal engage in animal
fighting; or
- Permits any act described in paragraph (a), (b)
or (c) of this subdivision to occur on premises under his control; or
- Owns, possesses or keeps any animal trained to
engage in animal fighting on premises where an exhibition of animal
fighting is being conducted under circumstances evincing an intent that
such animal engage in animal fighting.
- (a) Any person who engages in conduct specified in
paragraph (b) of this subdivision is guilty of a misdemeanor and is
punishable by imprisonment for a period not to exceed one year, or by a
fine not to exceed fifteen thousand dollars, or by both such fine and
imprisonment.
(b) The owning, possessing or keeping of any animal
under circumstances evincing an intent that such animal engage in
animal fighting.
- (a) Any person who engages in conduct specified in
paragraph (b) hereof is guilty of a misdemeanor and is punishable by
imprisonment for a period not to exceed one year, or by a fine not to
exceed one thousand dollars, or by both such fine and imprisonment.
(b) The knowing presence as a spectator having paid
an admission fee or having made a wager at any place where an
exhibition of animal fighting is being conducted.
- (a) Any person who engages in the conduct specified in paragraph
(b) of this subdivision is guilty of a violation punishable by a fine
not to exceed five hundred dollars. Any person who engages in the
conduct specified in paragraph (b) of this subdivision after having
been convicted within the previous five years of a violation of this
subdivision or subdivision four of this section is guilt of a
misdemeanor and is punishable by imprisonment for a period not to
exceed one year, or by a fine not to exceed one thousand dollars, or by
both by such fine and imprisonment.
(b) The knowing presence as a spectator at any place where an
exhibition of animal fighting is being conducted.
NYSHA's
notes on Section 351
- It is a Class E
Felony for a person to engage in the promotion of animal fighting.
- Or cause any
animal to engage in animal fighting.
- Or train any
animal with the intent that the animal engage in fighting.
- Or permit
animals to be fought or trained for fighting on his premises (the
person doesn't have to be involved in the training or fighting to be
guilty of the felony).
- Or own,
possess or keep any animal trained to engage in fighting on premises
where fighting is being conducted and where it is clear that the person
intends to engage the animal in fighting (a person doesn't have to be
caught actually fighting the animal.)
- It is a Class A
Misdemeanor for a person to own, possess or keep any animal that he
intends to engage in fighting (the person doesn't have to actually be
fighting the animal or be present at the location where the animals are
being fought).
- It is also a Class
A Misdemeanor to be a spectator who has paid an admission fee or made a
wager.
Additional
laws to consider:
See Article-26 Section 353 which deals with causing and permitting
suffering of animals. Persons engaging in 351, 2a-2d can be charged
with a violation of Section 353 for causing animal suffering. Also,
persons who are present at a dog fight can additionally be charged
under Section 353 for permitting animal suffering.
353.
Overdriving, torturing and injuring animals; failure to provide proper
sustenance
A person who overdrives, overloads, tortures or cruelly
beats or unjustifiably injures, maims, mutilates or kills any animal,
whether wild or tame, and whether belonging to himself or to another,
or deprives any animal of necessary sustenance, food or drink, or
neglects or refuses to furnish it such sustenance or drink, or causes,
procures or permits any animal to be overdriven, overloaded, tortured,
cruelly beaten, or unjustifiably injured, maimed, mutilated or killed,
or to be deprived of necessary food or drink, or who willfully sets on
foot, instigates, engages in, or in any way furthers any act of cruelty
to any animal, or any act tending to produce such cruelty, is guilty of
a class (A) misdemeanor and for purposes of paragraph (b) of
subdivision one of section 160.10 of the criminal procedure law, shall
be treated as a misdemenor defined in the penal law.
NYSHA's
notes on Section 353
The majority of cruelty cases that you will investigate will most
likely fall under this section which applies to all animals, whether
tame or wild.
Although this section
is not specific about any one type of cruelty, it may be used for a dog
being locked in a hot car, beating or unjustifiably killing an animal,
or failure to provide proper sustenance, such as food, water, shelter
and veterinary care.
When considering
whether to bring cruelty charges, keep in mind the following with
regard to ownership of the animal:
The person(s) who
have charge, control or custody of an animal at the time the cruelty is
committed can be held liable on a cruelty charge. Those persons may or
may not include the owner. The following are examples:
Example
1:
A person boards his horse at a boarding stable and agrees to pay a set
fee per month for food. After a couple months, the owner states he
cannot pay the full fee and tells the boarding stable to cut down on
the horse food, and the stable owner complies. As a result, the horse
becomes very thin and is starving. In this case, both the boarding
stable owner and the owner of the horse are liable for the condition of
the animal and subsequent cruelty charges. Despite the fact that the
boarding stable owner was not getting paid, under the law, the stable
owner as well as the owner of the horse is responsible for the horse,
and that means taking proper care of the horse.
Ownership alone does
not place the person in actual control of the animal for example, -
a person who places his animal in a kennel relinquishes control
temporarily. If, however, the owner is aware of the poor condition of
his animals and fails to take appropriate action to prevent the cruel
circumstances from continuing, he will be liable. Any person in charge
of an animal, regardless of whether or not he is the owner of said
animal, cannot permit an animal to suffer. If he does, he is liable to
be charged with a violation of Section 353. (People v. Arcidicono,
1974, 79 Misc. 2d 242, 360 N.Y.S 2d 156. See the "Appendix of
Case Law"
section of this manual.)
Example
2:
A person calls to report that the birds in a pet shop are not receiving
proper care. The water container is filled with bird excrement, the
cage is dirty, and the birds appear thin.
Find out who is
responsible for the care of the birds. Perhaps both the owner of the
shop and employee should be charged. The person(s) responsible for the
state of the birds is violating Section by virtue of the conditions.
The owner, employee, or both are guilty of depriving the birds of
necessary sustenance, food or drink.
Additional
laws to consider:
If you have a situation where the quality of the air is being impacted
as a result of the conditions of the animals, consider contacting the
Department of Environmental Conservation. (See the New York Code of
Rules and Regulations, Chapter III Air Resources, relevant to air
quality in the Environmental Conservation laws in this section.)
Also, contact the
Environmental Conservation Department if any wildlife is involved in
the case.
Case
Law relevant to Section 353:
Deprivation of necessary sustenance Mudge v. State, 1944, 45 N.Y.S. 2d
896. See Appendix I, "Selected Case Law Related to
Animals"
section of this manual.
Overloading or
Overdriving/Malicious Acts/Neglect People v. O'Rourke and Robert
Greene, 1975, 83 Misc.2d 175, 369 N.Y.S. 2d 335, motion denied 83
Misc.2d 51, 371 N.Y.S. 2d 603. See Appendix I, "Selected Case
Law
Related to Animals" section of this manual.
Torture (formerly
under Penal Law) People v. Koogan, 1939, 256 App.Div. 1078, 11 N.Y.S.
2d 49. See Appendix I, "Selected Case Law Related to
Animals"
section of this manual.
Constitutionality of Section 353
People v. Bunt, 1983, 118 Misc.2d 904. See Appendix I,
"Selected Case Law Related to Animals" section
of this
manual.
353a.
Aggravated cruelty to animals
- A person is guilty of aggravated cruelty to animals
when, with no justifiable purpose, he or she intentionally kills or
intentionally causes serious physical injury to a companion animal with
aggravated cruelty. For purposed of this section, "aggravated
cruelty "
shall mean conduct which:
- is intended to cause extreme physical pain; or
- is done or carried out in an especially depraved
or sadistic manner.
- Nothing contained in this section shall be construed
to prohibit or interfere in any way with anyone lawfully engaged in
hunting, trapping, or fishing, as provided in article eleven of the
environmental conservation law, the dispatch of rabid or diseased
animals, as provided in article twenty-one of the public health law, or
the dispatch of animals posing a threat to human safety or other
animals where such action is otherwise legally authorized, or any
properly conducted scientific tests, experiments, or investigations
involving the use of living animals, performed or conducted in
laboratories or institutions approved for such purposes by the
commissioner of health pursuant to section three hundred fifty-three of
this article.
- aggravated cruelty to animals is a felony. A
defendant convicted of this offense shall be sentenced pursuant to
paragraph (b) of subdivision one of section 55.10 of the penal law
provided, however, that any term of imprisonment imposed for violation
of this section shall be definite sentence, which may not exceed two
years.
353b.
Appropriate shelter for dogs left outdoors
- For purposes of this section:
- "Physical Condition " shall include any
special
medical needs of a dog due to disease, illness, injury, age or breed
about which the owner or person with custody or control of the dog
should reasonably be aware.
- "Inclement weather " shall mean weather
conditions that are likely to adversely affect the health or safety of
the dog, including but not limited to rain, sleet, ice, snow, wind, or
extreme heat and cold.
- "Dogs that are left outdoors " shall mean
dogs
that are outdoors in inclement weather without ready access to, or the
ability to enter, a house, apartment building, office building, or any
other permanent structure that complies with the standards enumerated
in paragraph (b) of subdivision three of this section.
- (a) Any person who owns or has custody or control of
a dog that is left outdoors shall provide it with shelter appropriate
to its breed, physical condition and the climate. Any person who
knowingly violates the provisions of this section shall be guilty of a
violation, punishable by a fine of not less than fifty dollars nor more
than one hundred dollars for a first offense, and a fine of not less
than one hundred dollars nor more than two hundred fifty
dollars for a second and subsequent offenses. Beginning seventy-two
hours after a charge of violating this section, each day that a
defendant fails to correct the deficiencies in the dog shelter for a
dog that he or she owns or that is in his or her custody or control and
that is left outdoors, so as to bring it into compliance with the
provisions of this section shall constitute a separate
offense.
(b) The court may, in its discretion, reduce the amount of any fine
imposed for a violation of this section by the amount which the
defendant proves he or she has spent providing a dog shelter or
repairing an existing dog shelter so that it complies with the
requirements of this section. Nothing in this paragraph shall prevent
the seizure of a dog for a violation of this section pursuant to the
authority granted in this article.
- Minimum standards for determining whether shelter is
appropriate to a dog's breed, physical condition and the climate shall
include:
- For dogs that are restrained in any manner
outdoors, shade by natural or artificial means to protect the dog from
direct sunlight at all times when exposure to sunlight is likely to
threaten the health of the dog.
- For all dogs that are left outdoors in inclement
weather, a housing facility, which must: (1) have a waterproof roof;
(2) be structurally sound with insulation appropriate to local climatic
conditions and sufficient to protect the dog from inclement weather;
(3) be constructed to allow each dog adequate freedom of movement to
make normal postural adjustments, including the ability to stand up,
turn around and lie down with its limbs outstretched; and (4) allow for
effective removal of excretions, other waste material; dirt and trash.
The housing facility and the area immediately surrounding it shall be
regularly cleaned to maintain a healthy and sanitary environment and to
minimize health hazards.
- Inadquate shelter may be indicated by the appearance
of the housing facility itself, including but not limited to, size,
structural soundness, evidence of crowding within the housing facility,
healthful environment in the area immediately surrounding such
facility, or by the appearance or physical condition of the dog.
- Upon a finding of any violation of this section, any
dog or dogs seized pursuant to the provisions of this article that have
not been voluntarily surrendered by the owner or custodian or forfeited
pursuant to court order shall be returnd to the owner or custodian only
upon proof that appropriate shelter as required by this section is
being provided.
- Nothing in this section shall be construed to affect
any protections afforded to dogs or other animals under any other
provisions of this article.
353c.
Electrocution of fur-bearing animals prohibited
- Notwithstanding any other provision of law, no person
shall
intentionally kill, or stun to facilitate the killing of, a fur-bearing
animal by means of an electrical current. For the purpose of this
section, "fur-bearing animal" means arctic fox, red
fox, silver fox,
chinchilla, mink, pine marten, muskrat, and those fur-bearing animals
included within the provisions of section 11-1907 of the environmental
conservation law.
- A violation of subdivsion one of this section is a
class (A) misdemeanor.
353d.
Confinement of companion animals in vehicles: extreme temperatures
- A person shall not confine a companion animal in a motor vehicle in extreme heat or cold without proper ventilation or other protection from such extreme temperatures where such confinement places the companion animal in imminent danger of death or serious physical injury due to exposure to such extreme heat or cold.
- Where the operator of such a vehicle cannot be promptly located, a police officer, peace officer, or peace officer acting as an agent of a duly incorporated humane society may take necessary steps to remove the animal or animals from the vehicle.
- Police officers, peace officers or peace officers acting as agents of a duly incorporated humane society removing an animal or animals from a vehicle pursuant to this section shall place a written notice on or in the vehicle, bearing the name of the officer or agent, and the department or agency and address where the animal or animals will be taken.
- An animal or animals removed from a vehicle pursuant to this section shall, after receipt of any necessary emergency veterinary treatment, be delivered to the duly incorporated humane society or society for the prevention of cruelty to animals, or designated agent thereof, in the jurisdiction where the animal or animals were seized.
- Any person who knowingly violates the provisions of subdivision one of this section shall be guilty of a violation, punishable by a fine of not less than fifty dollars nor more than one hundred dollars for a first offense, and a fine of not less than one hundred dollars nor more than two hundred and fifty dollars for a second and subsequent offenses.
- Officers shall not be held criminally or civilly liable for actions taken reasonably and in good faith in carrying out the provisions of this section.
- Nothing contained in this section shall be construed to affect any other protections afforded to companion animals under any other provisions of this article.
354. Sale
of baby chicks and baby rabbits
- No person shall sell, offer for sale, barter or give
away living baby chicks, ducklings or other fowl or baby rabbits unless
such person provides proper brooder facilities where appropriate for
the care of such baby chicks, ducklings or other fowl or baby rabbits
during the time they are in the possession of such person. For the
purposes of this section, a baby rabbit shall be a rabbit of less than
two months of age.
- No person shall sell, offer for sale, barter or
display living baby chicks, ducklings or other fowl or baby rabbits
which have been dyed, colored or otherwise treated so as to impart to
them an artificial color.
- No provision of subdivision two shall be
interpreted or applied to prevent or restrict teachers and qualified
instructors of youth under the guidance and supervision of the New York
state cooperative extension service from using eggs for nonprofit
educational purposes or from observing fowl hatched from such eggs for
nonprofit educational purposes.
- No person shall sell, offer for sale, barter or give
away living baby chicks, ducklings or other fowl or baby rabbits under
two months of age in any quantity less than six.
- A violation of the provisions of this section is a
misdemeanor, punishable by imprisonment for not more than one year, or
by a fine of not more than five hundred dollars, or by both.
NYSHA's
notes on Section 354
The purpose of Section 354 is to prevent animals from being purchased
as novelty items.
Section 1 implies
that no person can sell, offer for sale, barter or give away living
baby chicks, ducklings or other fowl or rabbits (rabbits that are less
than two months of age) in any quantity unless such person acquiring
the animals can provide proper brooder facilities.
Section 2 and 2a are
self explanatory.
Section 3 states that none of the
above mentioned animals under two months of age can be given away, sold
or bartered, in any quantity less than six. Thus, even if a person has
proper brooder facilities, he cannot purchase or have given to him any
of the aforementioned animals in a quantity of less than six.
355.
Abandonment of animals
A person being the owner or possessor, or having charge
or custody of an animal, who abandons such animal, or leaves it to die
in a street, road or public place, or who allows such animal, if it
becomes disabled, to lie in a public street, road or public place more
than three hours after he receives notice that it is left disabled, is
guilty of a misdemeanor, punishable by imprisonment for not more than
one year, or by a fine of not more than one thousand dollars, or by
both.
NYSHA's
notes on Section 355
A person who either owns an animal, or is in charge of the animal for
whatever reason (for example, the animal has been placed in the care of
a kennel operator), cannot abandon that animal, or that person is
guilty of a misdemeanor.
Additional laws to
consider:
See Article 26-Section 353 which deals with causing and permitting
suffering of animals. If a person causes an animal to be subject to the
conditions specified in Section 355, he can also be considered as
causing or permitting animal suffering which is prohibited by Section
353.
356.
Failure to provide proper food and drink to impounded animal
A person who having impounded or confined any animal,
refuses or neglects to supply to such animal during its confinement a
sufficient supply of good and wholesome air, food, shelter and water is
guilty of a misdemeanor, punishable by imprisonment for not more than
one year, or by a fine of not more than one thousand dollars, or by
both. In case any animal shall be at any time impounded as aforesaid,
and shall continue to be without necessary food and water for more than
twelve successive hours, it shall be lawful for any person, from time
to time, and as often as it shall be necessary, to enter into and upon
any pound in which any such animal shall be so confined, and to supply
it with necessary food and water, so long as it shall remain so
confined; such person shall not be liable to any action for such entry,
and the reasonable cost of such food and water may be collected by him
or the owner of such animal, and the said animal shall not be exempt
from levy and sale upon execution issued upon a judgement therefor.
NYSHA's
notes on Section 356
This section pertains to someone other than the owner, who has
impounded an animal and refuses to supply it with necessary food, water
and shelter. (Refer to the Chenango County Humane Society v. Polmatier,
1919, 188 App.Div. 410, 177 N.Y.S. 101.) See Appendix I,
"Selected Case
Law Related to Animals" section of this manual.
Situations which apply to the
owner of the animal should be handled under Section 353.
357.
Selling or offering to sell or exposing diseased animal
A person who willfully sells or offers to sell, uses,
exposes, or causes or permits to be sold, offered for sale, used or
exposed, any horse or other animal having the disease known as glanders
or farcy, or other contagious or infectious disease dangerous to the
life or health of human beings, or animals, or which is diseased past
recovery, or who refuses upon demand to deprive of life an animal
affected with any such disease, is guilty of a misdemeanor, punishable
by imprisonment for not more than one year, or by a fine of not more
than one thousand dollars or by both.
NYSHA's
notes on Section 357
This section
applies to a person who permits an animal - that has any
contagious or infectious disease dangerous to humans or other animals -
to be sold, offered for sale, used OR exposed. Exposed means to put an
infected animal in contact with other animals or people and thus expose
them to infection; used can mean "working" an animal
such as having a
horse pull a wagon, etc., that would put the animal in contact with
other animals or people that could become infected.
Additional laws to
consider:
Also, for purposes of Civil Law, there is a Pet Lemon Law in New York
State General Business Law, Article 35B in this section.
358.
Selling disabled horses
It shall be unlawful for any person holding an
auctioneer's license knowingly to receive or offer for sale or to sell
at public auction, other than at a sheriff's or judicial sale under a
court order, any horse which by reason of debility, disease or
lameness, or for any other cause, could not be worked in this state
without violating the law against cruelty to animals. Any person
violating any provision of this section shall be punishable by a fine
of not less than five dollars nor more than one hundred dollars, or by
imprisonment for not more than six months, or by both such fine and
imprisonment.
NYSHA's notes on
Section 358
An auctioneer cannot RECEIVE or offer to sell a
horse which could not be worked (pulling wagon, carriage, used as trail
horse, etc.) without violating the animal cruelty laws unless a court
order has been issued for a sheriff's judicial sale.
358a. Live
animals as prizes prohibited
- For the purposes of this section "livestock"
shall
mean any domesticated sheep, goat, horse, cattle or swine.
- No person shall give or offer to give
away as a prize or exchange or offer to exchange for nominal
consideration, any live
animal other than purebred livestock or fish as a prize in any game,
drawing, contest, sweepstakes or other promotion, except when any live
animal is given away by individuals or organizations operating in
conjunction with a cooperative extension education program or
agricultural vocational program sanctioned by the state education
department.
- The commissioner shall promulgate rules and
regulations which provide guidelines, conditions and requirements when
any live animal is given away under the exceptions provided for in
subdivision two of this section.
- Any person who violates the provisions of this
section shall be subject to civil penalty of not more than two hundred
fifty dollars or in lieu thereof shall be guilty of a violation
punishable solely by a fine of not more than two hundred and fifty
dollars.
NYSHA's notes on
Section 358a
No person shall give away or offer to give away ANY
animal OTHER THAN purebred livestock or fish as a
"prize" unless they are given away through
cooperative extension or
agricultural vocational programs sanctioned by the Commissioner.
359.
Carrying animal in a cruel manner
- A person who carries or causes to be carried in or
upon any vessel or vehicle or otherwise, any animal in a cruel or
inhumane manner, or so as to produce torture, is guilty of a
misdemeanor, punishable by imprisonment for not more than one year, or
by a fine of not more than one thousand dollars, or by both.
- A railway corporation, or an owner, agent, consignee,
or person in charge of any horses, sheep, cattle, or swine, in the
course of, or for transportation, who confines, or causes or suffers
the same to be confined, in cars for a longer period than twenty-eight
consecutive hours, or thirty-six consecutive hours where consent is
given in the manner hereinafter provided, without unloading for rest,
water and feeding, during five consecutive hours, unless prevented by
storm or inevitable accident, is guilty of a misdemeanor. The consent
which will extend the period from twenty-eight to thirty-six hours
shall be given by the owner, or by person in custody of a particular
shipment, by a writing separate and apart from any printed bill of
lading, or other railroad form. In estimating such confinement, the
time during which the animals have been confined without rest, on
connecting roads from which they are received, must be computed. If the
owner, agent, consignee or other person in charge of any such animals
refuses or neglects upon demand to pay for the care or feed of the
animals while so unloaded or rested, the railway company, or other
carriers thereof, may charge the expense thereof to the owner or
consignee and shall have a lien thereon for such expense.
NYSHA's notes on
Section 359
Subdivision 1 refers to ANY animal being carried on ANY
vehicle. Subdivision 2 refers to horses,
sheep, cattle or swine ONLY, being carried in
railroad cars.
359a.
Transportation of horses
- Every vehicle utilized for the transportation of more
than six horses shall meet the following requirements:
- The interiors of compartments containing horses
shall be constructed of smooth materials, containing no sharp objects
or protrusions which are hazardous;
- The floors shall be of such construction or
covered with abrasive materials so as to prevent horses from skidding
or sliding;
- There shall be sufficient apertures to insure
adequate ventilation;
- There shall be sufficient insulation or coverings
to maintain an adequate temperature in the compartment containing
horses;
- Partitions of sturdy construction shall be placed
a maximum of ten feet apart in vehicles which do not have stalls;
- Doorways shall be of sufficient height to allow
safe ingress and egress of each horse contained in the compartment;
- 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;
- 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
- There shall be at least two doorways for ingress
and egress, which shall not be on the same side.
- 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.
-
- Transporting a horse in violation of this section
shall be a violation punishable by a fine of not more than two hundred
fifty dollars.
- 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 five hundred
dollars or imprisonment for not more than one year, or both.
- The commissioner shall promulgate rules and
regulations, including size specifications, and establish guidelines in
order to facilitate compliance with the provisions of this section.
-
- The term " horse " as used through out this
section shall apply to the entire family equidae.
- 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.
- 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 for the purpose
of identifying subsequent violations of this section.
NYSHA's
notes on Section 359
For the purposes of this section, for information to help determine a
horse's condition, see the "Animal Care Standards for Some
Common
Animals" section. A diagram of a horse is provided below as
you need to
understand where a horse's poll and withers are located for purposes of
Subdivision 1 g.
Additional laws to
consider:
See Article 26-Section 353 which deals with causing and permitting
suffering of animals. If any of the animals were injured or suffering,
or not provided with proper food or water you can charge the
transporter with a violation of Section 353 for causing animal
suffering.
360.
Poisoning or attempting to poison animals
A person who unjustifiably administers any poisonous or
noxious drug or substance to a horse, mule, or domestic cattle or
unjustifiably exposes any such drug or substance with intent that the
same shall be taken by horse, mule or by domestic cattle, whether such
horse, mule or domestic cattle be the property of himself or another,
is guilty of a felony. A person who unjustifiably administers any
poisonous or noxious drug or substance to an animal, other than a
horse, mule or domestic cattle, or unjustifiably exposes any such drug
of substance with intent that the same shall be taken by an animal
other than a horse, mule or domestic cattle, whether such animal be the
property of himself or another is guilty of a misdemeanor, punishable
by imprisonment for not more than one year, or by a fine of not more
than one thousand dollars, or by both.
NYSHA's
notes on Section 360
It is a Class E Felony for a person, whether it be the owner or
another, to unjustifiably administer or expose a
horse, mule or cattle to any poisonous or noxious substance.
The animal doesn't
actually have to ingest any of the substance for a person to
be guilty of breaking the law in this section.
It is a misdemeanor
to unjustifiably subject ANY animal to a poisonous
or noxious substance.
Additional laws to
consider:
See Penal Law, Section 180.50 and 180.51 in this section which deals
with tampering with a sports contest. If a person administered a
poisonous or noxious substance in order to tamper with a sports contest
(e.g. racing, jumping, etc.) you can also charge the person with a
violation of the penal law.
361.
Interference with or injury to certain domestic animals
A person who willfully or unjustifiably interferes with,
injures, destroys or tampers with or who willfully sets on foot,
instigates, engages in or in any way furthers any act by which any
horse, mule, dog or any other domestic animal used for the purposes of
racing, breeding, or competitive exhibition of skill, breed or stamina,
is interfered with, injured, destroyed or tampered with, or any act
tending to produce such interference, injury, destruction or tampering,
whether such horse, mule, dog or other domestic animal be the property
of himself or another, is guilty of a felony.
NYSHA's
notes on Section 361
The phrase "willfully sets on foot" means to initiate
the act that
caused the animal to be harmed.
Additional laws to
consider:
See Penal Law, Section 180.50 and 180.51 in this section which deals
with tampering with a sports contest. If a person interferes with or
injures an animal with the intent to tamper with a sports contest, you
can also charge the person with a violation of the penal law.
362.
Throwing substance injurious to animals in public place
A person who willfully throws, drops or places, or
causes to be thrown, dropped or placed upon any road, highway, street
or public place, any glass, nails, pieces of metal, or other substance
which might wound, disable or injure any animal is guilty of a
misdemeanor, punishable by imprisonment for not more than one year, or
by a fine of not more than one thousand dollars, or by both.
NYSHA's notes on
Section 362
A person needs only to willfully throw, drop or place a substance on
any road, street or public place. It is not necessary for the person to
INTEND to injure an animal in order to be
guilty of breaking this law.
363.
Unauthorized possession of dogs presumptive evidence of larceny
The unauthorized possession of a dog or dogs, by any
person not the true owner, for a period exceeding ten days, without
notifying either the owner, the local police authorities, or the
superintendent of the state police at Albany, New York, of such
possession, shall be presumptive evidence of larceny.
364. Running
horses on highway
A person driving any vehicle upon any plank road,
turnpike or public highway, who unjustifiably runs the horses drawing
the same, or causes or permits them to run, is guilty of a misdemeanor,
punishable by imprisonment for not more than one year, or by a fine of
not more than five hundred dollars, or by both.
NYSHA's notes on
Section 364
This section only refers to a person who is driving a vehicle
drawn by a horse, not to
a person who is riding
a saddle horse.
365.
Clipping or cutting the ears of dogs
- Whoever clips or cuts off or causes or procures
another to clip or cut off the whole or any part of an ear of any dog
unless an anesthetic shall have been given to the dog and the operation
performed by a licensed veterinarian, is guilty of a misdemeanor,
punishable by imprisonment for not more than one year, or a fine of not
more than one thousand dollars, or by both.
- The provisions of this section shall not apply to any
dog or person who is the owner or possessor of any dog whose ear or a
part thereof has been clipped or cut off prior to September first,
nineteen hundred twenty-nine.
- Each applicant for a dog license must state on such
application whether any ear of the dog for which he applies for such
license has been cut off wholly or in part.
- Nothing herein contained shall be construed as
preventing any dog whose ear or ears shall have been clipped or cut off
wholly or in part, not in violation of this section, from being
imported into the state exclusively for breeding purposes.
NYSHA's
notes on Section 365
Ear clipping must be done by a veterinarian, AND, an
anesthetic must be used; there are no exceptions. Breeders are not
allowed by law to do ear cropping, whether it is to their own pets or
to someone else's.
For the purposes of
subdivision 2, there are no dogs currently in existence that were born
prior to 1929.
Additional laws to
consider:
See Article 26 Section 353 which deals with causing and permitting
suffering of animals. If a person causes a dog's ears to be clipped, he
can also be considered as causing or permitting animal suffering which
is prohibited by Section 353.
366. Dog
stealing
- To remove or cause to be removed the collar,
identification tag or any other identification by which the owner may
be ascertained from any dog, cat or any other domestic animal
as defined in subdivision seven of section one hundred eight of this
chapter, or to entice any identified dog, cat or other such domestic
animal into or out of any house or enclosure for the purpose of
removing its collar, tag or any other identification, except with the
owner's permission.
- To entice, seize or molest any dog, while it is being
held or led by any person or while it is properly muzzled or wearing a
collar with an identification tag attached, except where such action is
incidental to the enforcement of some law or regulation.
- To transport any dog, not lawfully in his possession,
for the purpose of killing or selling such dog.
Any person violating any of the provisions of this section, upon
conviction thereof, shall be punished by a fine not exceeding two
hundred dollars, or by imprisonment not to exceed six months, or by
both.
NYSHA's
notes on Section 366
Although Section 366 is referred to as "Dog
Stealing," subsection
366(1) also applies to CATS.
With regard to the reference to
"other domestic animal" above, Article 7, Section 108
(Definitions),
Subsection 7, reads as follows, "Domestic animal"
means any
domesticated sheep, horse, cattle, fallow deer, red deer, sika deer,
whitetail deer which is raised under license from the department of
environmental conservation, llama, goat swine, fowl, duck, goose, swan,
turkey, confined domestic hare or rabbit, pheasant or other bird which
is raised in confinement under license from the state department of
environmental conservation before release from captivity, except that
the varieties of fowl commonly used for cock fights shall not be
considered domestic animals for the purposes of this article.
366a.
Removing, seizing or transporting dogs for research purposes
It shall be unlawful for any person:
- To remove, seize or transport or cause to remove,
seize or transport any dog which belongs to or is licensed to another
for the purpose of sale, barter or to give away said dog to a
laboratory, hospital, research institute, medical school or any agency
or organization engaged in research activity, without the express
written permission of the owner or licensee.
- Any person who violates the provision of this
section, upon conviction thereof, shall be guilty of a misdemeanor, and
is punishable by a fine of not more than five hundred dollars or by
imprisonment for not more than six months, or by both.
367.
Leaving state to avoid provisions of this article
A person who leaves this state with intent to elude any
of the provisions of this article or to commit any act out of this
state which is prohibited by them or who, being a resident of this
state, does any act without this state, pursuant to such intent, which
would be punishable under such provisions, if committed within this
state, is punishable in the same manner as if such act had been
committed within this state.
NYSHA's
notes on Section 367
A person would be guilty under this section if, being a resident
of New York State, he was to take a dog outside of the state
for the purposes of having its ears cropped by someone other than a
veterinarian. Or, for the purposes of Section 368, a person, being a
resident of NYS, would be guilty if he took a horse out of this state,
for the purposes of having its tail cut.
Additional laws to
consider:
See Article 26- Section 353 which deals with causing and permitting
suffering of animals. If a person causes a dog's ears to be clipped or
a horse's tail to be cut, he can also be considered as causing or
permitting animal suffering which is prohibited by Section 353.
368.
Operating upon tails of horses unlawful
- Any person who cuts the bone, tissues, muscles or
tendons of the tail of any horse, mare or gelding, or otherwise
operates upon it in any manner for the purpose or with the effect of
docking, setting, or otherwise altering the natural carriage of the
tail, or who knowingly permits the same to be done upon premises of
which he is the owner, lessee, proprietor or user, or who assists in or
is voluntarily present at such cutting, is guilty of a misdemeanor,
punishable by imprisonment for not more than one year, or by a fine of
not more than five hundred dollars or by both. If a horse is found with
the bone, tissues, muscles or tendons of its tail cut as aforesaid and
with the wound resulting therefrom unhealed, upon the premises or in
the charge and custody for any person, such fact shall be prima facie
evidence of a violation of this section by the owner of user of such
premises or the person having such charge or custody, respectively.
- Any person who shows or exhibits
at any horse show or other like exhibition in this state a horse, mare
or gelding, the tail of which has been cut or operated upon in the
manner referred to in section one hereof is guilty of a
misdemeanor punishable by imprisonment for not more than one
year, or by a fine of not more than five hundred dollars, or by both;
provided that the provisions of this section shall not apply with
respect to an animal the tail of which has been so cut or operated
upon, if the owner thereof furnishes to the manager or other official
having charge of the horse show or exhibition at which such animal is
shown or exhibited an affidavit by the owner, or a licensed
veterinarian, in a form approved by the state department of agriculture
and markets, stating either that the tail of such horse was so cut
prior to June first, nineteen hundred sixty-four, or that it was so cut
in a state wherein such cutting was not then specifically prohibited by
the laws thereof. Said affidavit shall, to the best of the affiant's
knowledge, information and belief, identify the animal with respect to
sex, age, markings, sire and dam, and state either that the cutting was
done prior to June first nineteen hundred sixty-four, or the time and
place of such cutting and the name and address of the person by whom
performed. The affidavit shall be subject to inspection at all
reasonable times by any peace office, acting pursuant to his special
duties, or police officer of this state, or by a designated
representative of the commissioner. In lieu of furnishing such
affidavit to the manager or other official having charge of such horse
show or exhibition, the owner of such horse may specify on the entry
blank for the horse show or exhibition the name and address of a
central registry office designated by the state department of
agriculture and markets where such an affidavit has already been filed
and is available for inspection.
NYSHA's
notes on Section 368
NO PERSON, INCLUDING VETERINARIANS, MAY CUT, or PERMIT,
to be cut, the bones, or tissues of a horses tail, for the purposes of
altering the natural carriage of the tail. (Illegal tail cutting and/or
breaking is typically done to Animal Saddle Breeds and Western Pleasure
horses for show purposes.)
Additional laws to
consider:
See Article 26-Section 353 which deals with causing and permitting
suffering of animals. If a person causes or allows a horse's tail to be
cut, he can also be considered as causing or permitting animal
suffering which is prohibited by Section 353.
369.
Interference with officers
Any person who shall interfere with or obstruct any
constable or police officer or agent of any duly incorporated society
for the prevention of cruelty to animals in the discharge of his duty
to enforce the laws relating to animals shall be guilty of a
misdemeanor, punishable by imprisonment for not more than one year, or
by a fine of not more than one thousand dollars, or by both.
370.
Protection of the public from attack by wild animals and reptiles
Any person owning, possessing or harboring a wild animal
or reptile capable of inflicting bodily harm upon a human being, who
shall fail to exercise due care in safeguarding the public from attack
by such wild animal or reptile, is guilty of a misdemeanor, punishable
by imprisonment for not more than one year, or by a fine of not more
than five hundred dollars, or by both. "Wild animal"
within the meaning
of this section, shall not include a dog or cat or other domestic
animal.
Previous attacks upon a human being by such wild animal
or reptile, or knowledge of the vicious propensities of such wild
animal or reptile, on the part of the possessor or harborer thereof,
shall not be required to be proven by the people upon a prosecution
hereunder; and neither the fact that such wild animal or reptile has
not previously attacked a human being, nor lack of knowledge of the
vicious propensities of such wild animal or reptile on the part of the
owner, possessor or harborer thereof shall constitute a defense to a
prosecution hereunder.
371. Powers
of peace officers
A constable or police officer must, and any agent or
officer of any duly incorporated society for the prevention of cruelty
to animals may issue an appearance ticket pursuant to section 150.20 of
the criminal procedure law; summon or arrest, and bring before a court
or magistrate having jurisdiction, any person offending against any of
the provisions of article twenty-six of the agriculture and markets
law. Any officer or agent of any of said societies may lawfully
interfere to prevent the perpetration of any act of cruelty upon any
animal in his presence. Any of said societies may prefer a complaint
before any court, tribunal or magistrate having jurisdiction, for the
violation of any law relating to or affecting animals and may aid in
presenting the law and facts before such court, tribunal or magistrate
in any proceeding taken.
NYSHA's notes on
Section 371
Section 371 provides you with the authority to bring an animal relief
in a situation which is defined as "Exigent
circumstances". If a law
enforcement or peace officer has reasonable cause to believe that an
animal is in danger of dying, he may act to remove that animal from
that circumstance immediately.
372.
Issuance of warrants upon complaint
Upon complaint under oath or affirmation to any
magistrate authorized to issue warrants in criminal cases, that the
complainant has just and reasonable cause to suspect that any of the
provisions of law relating to or in any wise affecting animals are
being or about to be violated in any particular building or place, such
magistrate shall immediately issue and deliver a warrant to any person
authorized by law to make arrests for such offenses, authorizing him to
enter and search such building or place, and to arrest any person there
present found violating any of said laws, and to bring such person
before the nearest magistrate of competent jurisdiction, to be dealt
with according to law.
373.
Seizure of animals lost, strayed, homeless, abandoned or improperly
confined or kept
- Any agent or officer of the American Society for the
Prevention of Cruelty to Animals, or any duly incorporated society for
the prevention of cruelty to animals, may lawfully take possession of
any lost, strayed, homeless or abandoned animal found in any street,
road or other public place.
a. Any police officer in Lewis County
may lawfully take possession of any lost, strayed, homeless or
abandoned domestic animal, as defined in section one hundred eight of
this chapter, found in any street, road or other public place.
- Any such agent or officer may also lawfully take
possession of any animal in or upon any premises other than a street,
road or other public place, which for more than twelve successive hours
has been confined or kept in a crowded or unhealthy condition or in
unhealthful or unsanitary surroundings or not properly cared for or
without necessary sustenance, food or drink, provided that a complaint
stating just and reasonable grounds is made under oath or affirmation
to any magistrate authorized to issue warrants in criminal cases, and
that such warrant authorizing entry and search is issued and delivered
by such magistrate; if just and reasonable cause is shown, the
magistrate shall immediately issue such warrant.
- Any such agent or officer may also lawfully take
possession of any unwanted animal from the person in possession or
custody thereof.
- When any person arrested is, at the time of such
arrest, in charge of any animal or of any vehicle drawn by or
containing any animal, any agent or officer of said society or
societies or any police officer may take charge of such animal and of
such vehicle and its contents, and deposit the same in a safe place or
custody, or deliver the same into the possession of the police or
sheriff of the county or place wherein such arrest was made, who shall
thereupon assume the custody thereof; and all necessary expenses
incurred in taking charge of such property shall be a charge thereon.
- Nothing herein contained shall restrict the rights
and powers derived from section one hundred eighteen of this chapter
relating to seizure of unlicensed dogs and the dispositions to be made
of animals so seized or taken, not those derived from any other general
or special law relating to the seizure or other taking of dogs and
other animals by a society for the prevention of cruelty to animals.
-
- If any animal is seized and impounded pursuant to
the provisions of this section for any violation of this article, upon
arraignment of charges the duly incorporated society for the prevention
of cruelty to animals, humane society, pound, animal shelter or any
authorized agents thereof, hereinafter referred to for the purposes of
this section as the "impounding organization", may
file a petition with
the court requesting that the person from whom an animal is seized or
the owner of the animal be ordered to post a security. The security
shall be in an amount sufficient to secure payment for all reasonable
expenses expected to be incurred by the impounding organization in
caring and providing for the animal pending disposition of the charges.
Reasonable expenses shall include, but not be limited to, estimated
medical care and boarding of the animal for at least thirty days. The
amount of the security, if any, shall be determined by the court after
taking into consideration all of the facts and circumstances of the
case including, but not limited to the recommendation of the impounding
organization having custody and care of the seized animal and the cost
of caring of the animal. If a security has been posted in accordance
with this section, the impounding organization may draw from the
security the actual reasonable costs to be incurred by such
organization in caring for the seized animal.
-
- Upon receipt of a petition pursuant to
paragraph a of this subdivision the court shall set a hearing on the
petition to be conducted within ten business days of the filing of such
petition. The petitioner shall serve a true copy of the petition upon
the defendant and the district attorney. The petitioner shall als serve
a true copy of the petition on any interested person. For purposes of
this subdivision, interested person shall mean an individual,
partnership, firm, joint stock company, corporation, association,
trust, estate or other legal entity who the court determines may have a
pecuniary interest in the animal which is the subject of the petition.
The petitioner shall have the burden of proving by a preponderance of
the evidence that the person from whom the animal was seized violated a
provision of this article. The court may waive for good cause shown the
posting of security.
- If the court orders the posting of a
security, the security shall be posed with the clerk of the court
within five business days of the hearing provided for in subparagraph
one of this paragraph. The court may order the immediate forfeiture of
the seized animal to the impounding organization if the person ordered
to post the security fails to do so. Any animal forfeited shall be made
available for adoption or euthanized subject to subdivision seven-a of
section one hundred eighteen of this chapter or section three hundred
seventy-four of this article.
- In the case of animal other than a companion
animal or pet, if a person ordered to post security fails to do so, the
court many, in addition to the forfeiture of a duly incorporated
society for the prevention of cruelty to animals, humane society,
pound, animal shelter or any authorized agents thereof, and subject to
the restrictions of sections three hundred fifty-four, three hundred
fifty-seven and three hundred seventy-four of this article, order the
animal which was the basis of the order to be sold, provided that all
interested persons shall first be provided the opportunity to redeem
their interest in the animals and to purchase the interest of the
person ordered to post security, subject to such conditions as the
court deems appropriate to assure proper care and treatment of the
animal. The court may reimburse the person ordered to post security and
any interested persons any money earned by the sale of the animal less
any costs including, but not limited to, veterinary and custodial care.
Any animal determined by the court to be maimed, diseased, disabled or
infirm so as to be unfit for sale or any useful purpose shall be
forfeited to a duly incorporated society for the prevention of cruelty
to animals or a duly incorporated humane society or authorized agent
thereof, and be available for adoption or shall be euthanized subject
to section three hundred seventy-four of this article.
- Nothing in this section shall be construed to
limit or restrict in any way the rights of a secured party having a
security interest in any animal described in this section. This section
expressly does not impair or subordinate the rights of such a secured
lender having a security interest in the animal or in the proceeds from
the sale of such animal.
- In no event shall the security prevent the
impounding organization having custody and care of the animal from
disposing of the animal pursuant to section three hundred seventy-four
of this article prior to the expiration of the thirty day period
covered by the security if the court makes a determination of the
charges against the person from whom the animal was seized prior
thereto. Upon receipt of a petition from the impounding organization,
the court may order the person from whom the animal was sized or the
owner of the animal to post an additional security with the clerk of
the court to secure payment of reasonable expenses for an additional
period of time pending a determination by the court of the charges
against the person from whom the animal was seized. The person who
posted the security shall be entitled to a refund of the security in
whole or part for any expenses not insured by such impounding
organization upon adjudication of the charges. The person who posted
the security shall be entitled to a full refund of the security,
including reimbursement by the impounding organization of any amount
allowed by the court to be expended, and the return of the animal
seized and impounded upon acquittal or dismissal of the charges, except
where the dismissal is based upon an adjournment in contemplation of
dismissal pursuant to section 215.30 of the criminal procedure law. The
court order directing such refund and reimbursement shall provide for
payment to be made within a reasonable time from the acquittal or
dismissal of charges.
- Notwithstanding any other provision of this section
to the contrary, the court may order a person charged with any
violation of this article to provide necessary food, water, shelter and
care for any animal which is the basis of the charge, without the
removal of the animal from its existing location, until the charges
against the person are adjudicated. Until a final determination of the
charges is made, any law enforcement officer, officer of a duly
incorporated society for the prevention of cruelty to animals, or its
authorized agents, may be authorized by an order of the court to make
regular visits to where the animal is being kept to ascertain if the
animal is receiving necessary food, water, shelter and care. Nothing
shall prevent any law enforcement office, officer of a duly
incorporated society for the prevention of cruelty to animals, or its
authorized agents, from applying for a warrant pursuant to this section
to seize any animal being held by the person charged pending the
adjudication of the charges if it is determined that the animal is not
receiving the necessary food, water, shelter or care.
NYSHA's
notes on Section 373
- Subdivision 1 of this section refers only
to agents or officers of the ASPCA or SPCA. The term
"animal" refers to any animal.
- Subdivision 1a of this section refers ONLY
to police officers in Lewis County, and it only
refers to DOMESTIC animals. Article 7, Section 108
(Definitions), Subsection 7, reads as follows, "Domestic
animal" means
any domesticated sheep, horse, cattle, fallow deer, red deer, sika
deer, whitetail deer which is raised under license from the department
of environmental conservation, llama, goat swine, fowl, duck, goose,
swan, turkey, confined domestic hare or rabbit, pheasant or other bird
which is raised in confinement under license from the state department
of environmental conservation before release from captivity, except
that the varieties of fowl commonly used for cock fights shall not be
considered domestic animals for the purposes of this described in
Section 108 of the Agriculture and Markets Law. They are as follows:
any domesticated sheep, horse, cattle, goat, swine, fowl (except
fighting cocks), duck, goose, swan, turkey, confined domestic rabbit,
pheasant or other bird raised in confinement under license from the
Department of Environmental Conservation.
- Subdivisions 2 and 3 of this section, which both
refer to "Any such agent or officer," means any
ASPCA agent or SPCA agent or any
police officer in Lewis County.
- Subdivision 4 applies to any
police officer as well as any cruelty agent. What this section implies
is that anytime a person is being arrested (not only on charges of
animal cruelty), and the person being arrested is in charge of any
animal, the police or cruelty agent or officer may take charge of the
animal(s) and deposit them in a safe place.
- Note that anytime the police seize animals,
whether because of a cruelty situation, an arrest or abandonment, and
the owner either loses or gives up control of the animals, the adoption
of the animals must be done through the ASPCA or an SPCA.
374. Humane
destruction or other disposition of animals lost, strayed, homeless,
abandoned or improperly confined or kept
- Any agent or officer of the American Society for the
Prevention of Cruelty to Animals, or of any society duly incorporated
for that purpose, or any police officer, may lawfully and humanely
destroy or cause to be humanely destroyed any animal found abandoned
and not properly cared for, or any lost, strayed, homeless or unwanted
animal, if upon examination a licensed veterinary surgeon shall certify
in writing, or if two reputable citizens called by him to view the same
in his presence find that the animal is so maimed, diseased, disabled,
or infirm so as to be unfit for any useful purpose; or after such agent
or officer has obtained in writing from the owner of such animal his
consent to such destruction.
- In the absence of such findings or certificate the
American Society for the Prevention of Cruelty to Animals or any
society duly incorporated for that purpose may after five days humanely
destroy any animal of which possession is taken as provided for in the
preceding section, unless the same is earlier redeemed by its owner.
- The use of a decompression chamber or
decompression device of any kind is hereby declared to be inhumane when
used for the purpose of destroying an animal and is hereby prohibited.
- No person shall euthanize any dog or cat with
T61, curare, any curariform drug, any neuromuscular blocking agent or
any other paralyzing drug.
- No person shall euthanize a dog or cat by gunshot
except as an emergency procedure for a dangerous dog or a severely
injured dog or cat that is suffering and cannot otherwise be aided.
- No person shall euthanize a dog or cat by gas
emitted from any engine exhaust system.
- No person shall release any dog or cat from the
custody or control of any pound, shelter, society for the prevention of
cruelty to animals, humane society, dog protective association, dog
control officer, peace office or any agent thereof, for any purpose
except adoption or redemption by its owner.
Any violation of this subdivision, or
subdivision two-a, two-b, two-c or two-d of this section shall
constitute a misdemeanor and shall be punishable by imprisonment for
not more than one year, or by a fine of not more than one thousand
dollars, or by both.
- In lieu of such destruction or redemption, such
society may in its discretion lawfully and without liability deliver
such animal for adoption to an individual other than the owner after
the time for redemption has expired.
- Prior to such destruction or other disposition, the
owner of the animal may redeem the same upon proving title to the
satisfaction of such society and paying such society such amount,
approved by a magistrate, as may have been reasonably expended by such
society in connection with the care and maintenance thereof.
-
- In addition to any other penalty provided by law,
upon conviction for any
violation of section three hundred fifty-one, three hundred
fifty-three, three hundred
fifty-three-a, three hundred
fifty-three-b, three hundred fifty-five, three hundred fifty-six, three
hundred fifty-nine, three hundred sixty, three hundred sixty- one,
three hundred sixty- five or three hundred sixty- eight of this
article, the convicted person may, after a duly held hearing pursuant
to paragraph (f) of this subdivision, be ordered by the court to
forfeit, to a duly incorporated society for the prevention of cruelty
to animals or a duly incorporated humane society or authorized agents
thereof, the animal or animals which are the basis of the conviction.
Upon such an order of forfeiture, the convicted person shall be deemed
to have relinquished all rights to the animals which are the basis of
the conviction, except those granted in paragraph (d) of this
subdivision.
- Pursuant to the provisions of subdivisions two-a,
two-b, two-c and two-d of this section, no dog or cat in the custody of
a duly incorporated society for the prevention of cruelty to animals, a
duly incorporated humane society or its authorized agents thereof, or a
pound or shelter, shall be sold, transferred or otherwise made
available to any person for the purpose of research, experimentation or
testing. No authorized agent of a duly incorporated society for the
prevention of cruelty to animals, nor of a duly incorporated humane
society, shall use any animal placed in its custody by the duly
incorporated society for the prevention of cruelty to animals or duly
incorporated humane society for the purpose of research,
experimentation or testing.
- The court may additionally order that the
convicted person or any person dwelling in the same household who
conspired, aided or abetted in the unlawful act which was the basis of
the conviction, or who knew or should have known of the unlawful act,
shall not own, harbor, or have custody or control of any other animals,
other than farm animals, for a period of time which the court deems
reasonable.
- In the case of farm animals, the court may, in
addition to the forfeiture to a duly incorporated society for the
prevention of cruelty to animals or a duly incorporated humane society
or authorized agents thereof, and subject to the restrictions of
sections three hundred fifty- four and three hundred fifty-seven of
this article, order the farm animals which were the basis of the
conviction to be sold. In no case shall farm animals which are the
basis of the conviction be redeemed by the convicted person who is the
subject of the order of forfeiture or by any person dwelling in the
same household who conspired, aided or abetted in the unlawful act
which was the basis of the conviction, or who knew or should have known
of the unlawful act. The court shall reimburse the convicted person and
any duly determined interested persons, pursuant to paragraph (f) of
this subdivision, any money earned by the sale of the farm animals less
any costs including, but not limited to, veterinary and custodial care,
and any fines or penalties imposed by the court. The court may order
that the subject animals be provided with appropriate care and
treatment pending the hearing and the disposition of the charges. Any
farm animal ordered forfeited but not sold shall be remanded to the
custody and charge of a duly incorporated society for the prevention of
cruelty to animals or duly incorporated humane society or its
authorized agent thereof and disposed of pursuant to paragraph (e) of
this subdivision.
- A duly incorporated society for the prevention of
cruelty to animals or a duly incorporated humane society in charge of
animals forfeited pursuant to paragraph (a) of this subdivision may, in
it discretion, lawfully and without liability, adopt them to
individuals other than the convicted person or person dwelling in the
same household who conspired, aided or abetted in the unlawful act
which was the basis of the conviction, or who knew or should have known
of the unlawful act, or humanely dispose of them according to the
provisions of subdivisions two-a, two-b, two-c, and two-d of this
section.
-
- Prior to an order of forfeiture of farm
animals, a hearing shall be held within thirty days of conviction, to
determine the pecuniary interests of any other person in the farm
animals which were the basis of the conviction. Written notice shall be
served at least five days prior to the hearing upon all interested
persons. In addition, notice shall be made by publication in a local
newspaper at least seven days prior to the hearing. For the purposes of
this subdivision, interested persons shall mean any individual,
partnership, form, joint stock company, corporation, association,
trust, estate, or other legal entity who the court determines may have
a pecuniary interest in the farm animals which are the subject of the
forfeiture action.
- All interested persons shall be provided an
opportunity at the hearing to redeem their interest as determined by
the court in the subject farm animals and to purchase the interest of
the convicted person. The convicted person shall be entitled to be
reimbursed his interest in the farm animals, less any costs, fines or
penalties imposed by the court, as specified under paragraph (d) of
this subdivision. In no case shall the court award custody or control
of the animals to any interested person who conspired, aided or abetted
in the unlawful act which was the basis of the conviction, or who knew
or should have known of the unlawful act.
- Nothing in this section shall be construed to
limit or restrict in any way the rights of a secured party having a
security interest in any farm animal described in this section. This
section expressly does not impair or subordinate the rights of such a
secured lender having a security interest in farm animals or in the
proceeds from the sale of such farm animals.
NYSHA's
notes on Section 374
- Subdivision 1
means that any properly sanctioned cruelty investigator as well as ANY
police officer can humanely destroy or cause to be humanely destroyed ANY
animal that he finds abandoned and not properly cared for, as well as
any lost, strayed, homeless or unwanted
animal if:
- A veterinarian
certifies in writing that the animal is so maimed, diseased, disabled
or infirm as to be unfit for any useful purpose and should be
destroyed; or
- Two reputable
citizens must agree that the animal is so maimed, diseased, disabled or
inform as to be unfit for any useful purpose and should be destroyed;
or
- The owner may
give written permission to allow the animal to be destroyed.
NOTE: In a situation
where animals are deemed to be in a
deplorable state, and the humane alternative is to euthanize them, the
concept of "constructive abandonment" is operative.
This means that for
all intents and purposes, the animal has been abandoned by its owner
(because it has not received proper food or veterinary care) even
though it is still on the owner's property. This construct allows the
veterinarian to proceed with euthanizing the animal if that is the best
thing to do. (See Chernik v. Department of Health, 69 Misc 2d, 710 and
Hampton Animal Shelter v. American Society for Prevention of Cruelty to
Animals, 169 Appellate Division Reports, 2d Series 702 in Appendix I,
"Selected Case Law Related to Animals."
- When considering
abandonment, sometimes animals can be deemed to be abandoned even
though they are in the possession of a shelter or owner. The concept is
known as "constructive abandonment;" thus, in effect
being "abandoned"
though actually being owned. (See Chernik v. Department of Health,
1972, 69 Misc 2d, 710 and Hampton Animal Shelter, Inc. v. American
Society for Prevention of Cruelty to Animals, 1989, 169 Appellate
Division Reports, 2d Series 702, in Appendix I, "Selected Case
Law
Related to Animals."
- Subdivision 2
gives the ASPCA or any society duly incorporated for that purpose the
authority to humanely destroy any animal of which possession is taken
as provided for in the preceding section, unless the animal is redeemed
by its owner within five days. This section does not state that a
person who has been arrested for animal cruelty may within five days
redeem animals that are seized under a court order.
- Subdivision 2a,
2b, 2c, 2d, explain how animals may or may not be destroyed; note that
dogs or cats cannot be killed by gunshot except as an emergency
procedure for a dangerous animal or a severely injured animal.
- Subdivision 2e
explains that dogs and cats can only be released from shelters or
pounds, etc., for the purposes of being adopted or returned to their
owners. (This section protects those animals from being sent to
research laboratories.)
- Subdivision 3
explains that in lieu of destruction or redemption, the ASPCA, an SPCA
or shelter, etc., may adopt an animal to an individual other than the
owner.
- 7. Subdivision 4
gives the ASPCA, SPCA, etc., the authority to recover funds which were
spent on the care and maintenance, prior to returning an animal over to
its owner. The animal shelter that cared for the animals is entitled to
restitution for such amount as approved by a magistrate.
- Subdivision 5
provides that if an individual is convicted of animal cruelty, the
judge can order that all animals seized as part of the cruelty charges
be forfeited to the local humane agency and not returned to the owner.
In the case of farm animals, the judge can order that they be forfeited
to the local humane agency, or that they be sold with the stipulation
that the local humane society be reimbursed for all costs involved with
the board and care of the animals.
375.
Officer may take possession of animals or implements used in fights
among animals
Any officer authorized by law to make arrests may
lawfully take possession of any animals, or implements, or other
property used or employed, or about to be used or employed, in the
violation of any provision of law relating to fights among animals. He
shall state to the person in charge thereof, at the time of such
taking, his name and residence, and also, the time and place at which
the application provided for by the next section will be made.
376.
Disposition of animals or implements used in fights among animals
The officer, after taking possession of such animals, or
implements, or other property, pursuant to the preceding section, shall
apply to the magistrate before whom complaint is made against the
offender violating such provision of law, for the order next
hereinafter mentioned and shall make and file an affidavit with such
magistrate, setting therein the name of the offender charged in such
complaint, the time, place and description of the animals, implements
or other property so taken, together with the name of the party who
claims the same, if known, and that the affiant has reason to believe
and does believe, stating the grounds of such belief, that the same
were used or employed, or were about to be used or employed, in such
violation, and will establish the truth thereof upon the trial of such
offender. He shall then deliver such animals, implements, or other
property, to such magistrate, who shall thereupon, by order in writing,
place the same in the custody of an officer or other proper person in
such order named and designated, to be by him kept until the trial or
final discharge of the offender, and shall send a copy of such order,
without delay, to the district attorney of the county. The officer or
person so named and designated in such order, shall immediately
thereupon assume such custody, and shall retain the same for the
purpose of evidence upon such trial, subject to the order of the court
before which such offender may be required to appear, until his final
discharge or conviction. Upon the conviction of such offender, the
animals, implements, or other property, shall be adjudged by the court
to be forfeited. In the event of the acquittal or final discharge,
without conviction, of such offender, such court shall, on demand,
direct the delivery of the property so held in custody to the owner
thereof.
NYSHA notes on
Section 375 and 376
Sections 375 and 376 refer to animal fighting. Also refer to Sections
351 and 353.
377.
Disposal of dead animals
- The carcasses of large domestic animals, including
but not limited to horses, cows, sheep, swine, goats and mules, which
have died otherwise than by slaughter, shall be buried at least three
feet below the surface of the ground or otherwise disposed of in a
sanitary manner by the owner of such animals, whether the carcasses are
located on the premises of such owner or elsewhere. Such disposal shall
be completed within seventy-two hours after the owner is directed to do
so by any peace officer, acting pursuant to his special duties, police
officer, or by a designated representative of the commissioner.
- Notwithstanding section forty-one of this chapter,
any violation of this section shall constitute a violation. This
section shall not apply to animal carcasses used for experimental or
teaching purposes.
NYSHA's notes on
Section 377
The animals need to be buried as stated within 72 hours, ONLY after the
owner is directed to do so by a police officer, a peace officer or a
designated representative of the commissioner of Agriculture and
Markets.
377a.
Spaying and neutering of dogs and cats
- The legislature finds that the uncontrolled breeding
of dogs and cats in the state results in an overabundance of puppies
and kittens. More puppies and kittens are produced than responsible
homes for them can be provided. This leads to many of such animals
becoming stray and suffering privation and death, being impounded and
destroyed at great expense to the community and constituting a public
nuisance and health hazard. It is therefore declared to be the public
policy of the New York State that every feasible humane means of
reducing the production of unwanted puppies and kittens be encouraged.
- No animal shelter, pound, dog control officer, humane
society, dog or cat protective association, or duly incorporated
society for the prevention of cruelty to animals shall release any dog
or cat for adoption to any person unless prior thereto:
- the dog or cat has been spayed or neutered; or
- the person intending to adopt the dog or cat
shall have executed a written agreement with the animal shelter, pound,
dog control officer, humane society, dog or cat protective association
or duly incorporated society for the prevention of cruelty to animals
to have the dog or cat spayed or altered within thirty days from the
adoption date, or in the case of a dog or cat which has not yet reached
sexual maturity, within thirty days of the dog or cat reaching six
months of age. The person intending to adopt the dog or cat shall
deposit with the animal shelter, pound, dog control officer, humane
society, dog or cat protective association, or duly incorporated
society for the prevention of cruelty to animals, an amount of not less
than thirty-five dollars. Not more than every two years, the
commissioner, after holding a public hearing, may raise the amount to
be deposited to reflect rising costs; or
- the person intending to adopt the dog or cat
shall have executed written agreement with the animal shelter, pound,
dog control officer, humane society, dog or cat protective association
or society for the prevention of cruelty to animals to have the dog or
cat spayed or neutered within thirty days from the adoption date, or in
the case of a dog or cat which has not yet reached sexual maturity,
within thirty days of the dog or cat reaching six months of age. The
person intending to adopt the dog or cat shall have paid an adoption
fee which includes the cost of the spay or neuter procedure. The
written agreement shall require that the animal shelter, pound, dog
control officer, humane society, dog or cat protective association or
society for the prevention of cruelty to animals from which the dog or
cat is adopted bear the cost of the spay or neuter procedure.
- For the purposes of this section, the age of the
animal at the time of adoption shall be determined by the animal
shelter, pound, dog control officer, humane society, dog or cat
protective association or duly incorporated society for the prevention
of cruelty to animals that releases the animal for adoption and such
age shall be clearly written on the written agreement by the animal
shelter, pound, dog control officer, humane society, dog or cat
protective association or duly incorporated society for the prevention
of cruelty to animals prior to the agreement being executed by the
person adopting the animals.
- Any deposit collected pursuant to paragraph (b) of
subdivision two of this section that is not claimed within ninety days
of its collection or if the deposit is for an animal under six months
of age within sixty days after the animal has reached six months of
age, shall be deposited in the animal population control fund
established pursuant to section ninety-seven-xx of the state finance
law. Depositions collected pursuant to paragraph (b) of subdivision two
of this section shall be refunded to the adopter upon presentation to
the animal shelter, pound, dog control officer, humane society, dog and
cat protective association, or duly incorporated society for the
prevention of cruelty to animals of written documentation from a
licensed veterinarian that the dog or cat has been spayed or neutered,
provided that the animal has been spayed or neutered within the time
specified in the written agreement, or that because of old age or other
health reasons, as certified by a licensed veterinarian examining the
dog or cat, spaying or neutering would endanger the animal's life.
- Nothing contained in this section shall prevent any
town, city, village or county in New York State from enacting a local
law or ordinance requiring that animal shelters, pounds,dog control
officers, humane societies, dog or cat protective associations and duly
incorporated societies for the prevention of cruelty to animals within
such town, city, village or county spay or altered dogs and cats prior
to releasing such animals for adoption, provided that such local law or
ordinance may require spaying or neutering at an age earlier, but in no
event later than that required in this section, except where because of
advanced age or other health reasons, as certified by a licensed
veterinarian who has examined the dog or cat, spaying or neutering
would endanger the life of the animal. A town, city, village or county
in New York State that enacts such a local law or ordinance shall be
exempt from the provisions of this section.
378.
Unlawful tampering with animal research
- Definitions. For the purposes of this section, the
following terms shall have the following meanings:
- “Infectious agents” shall be
limited to those organisms that cause serious physical injury or death
to humans.
- “Animal” means any warm or
cold-blooded animal or insect which is being used in food or fiber
production, agriculture, research, testing, or education, however,
shall not include any animal held primarily as a pet.
- “Facility” means any
building,
structure, laboratory, vehicle, pasture, paddock, pond, impoundment or
premises where any scientific research, test, experiment, production,
education, or investigation involving the use of any animals is carried
out, conducted or attempted or where records or documents relating to
an animals or animals research, tests, experiments, production,
education or investigation are maintained.
- “Release” means to
intentionally set free from any facility an animal without any right,
title, or claim thereto.
- “Abandonment” means the
intentional relinquishment or forsaking of possession or control of any
animal released from a facility.
- “Person” means any
individual,
firm, organization, partnership, association, or corporation.
- “Secret scientific material”
means a sample, culture, microorganism, specimen, record, recording,
document, drawing or any other article, material, device or substance
which constitutes, represents, evidences, reflects, or records a
scientific or technical process, invention or formula or any part or
phase thereof which is stored, tested, studied or examined in any
facility, and which is not, and not intended to be, available to anyone
other than the person or persons rightfully in possession thereof or
selected persons having access thereto with his or their consent, and
when it accords or may accord such rightful possessors an advantage
over competitors or other persons who do not have knowledge or the
benefit thereof.
- Notice” means to provide information in
such detail to make a reasonable person aware of the presence in a
facility of infectious agents or secret scientific material.
- Notice. Any person who, after notice has been given
by:
- actual notice in writing or orally
to the person: or
- prominently posting written notice
upon or immediately adjacent to the facility: or
- notice that is announced upon
entry to the facility by any person:
- knowingly or intentionally
releases an animal from a facility or causes the abandonment of an
animal knowing that such animal was exposed to infectious agents prior
to such release or abandonment and was capable of transmitting such
infectious agents to humans; or
- with intent to do so, causes loss
or damage to secret scientific material, and having no right to do so
nor any reasonable ground to believe that he has such right, causes
loss of or damage to any secret scientific material in an amount in
excess of two hundred fifty dollars at a facility, shall be guilty of
unlawful tampering with animal research. Unlawful tampering with animal
research is a class E felony punishable in accordance with the penal
law.
- Private right of action. Any person who violates any
provision of
this section shall be liable in any court of competent jurisdiction,
including small claims court, in an amount equal to:
- Damages sustained as a result of
such violation or fifty dollars, whichever is greater, for each
violation;
- Such additional punitive damages as
the court may allow;
- Attorney’s fees and
costs: and
- Cost of duplicating any experiment
which was damaged by the unlawful tampering with animal research, if
applicable.
In any action brought by an person to enforce this section, the court
may, subject to its jurisdiction, issue an injunction to restrain or
prevent any violation of this section or any continuance of such
violation.
379.
Prohibition of the selling of fur, hair, skin or flesh of a dog or cat
- It shall be unlawful for any person, firm,
partnership or corporation to knowingly import, sell, offer for sale,
manufacture, distribute, transport or otherwise market or trade in the
fur, hair, skin or flesh of a domesticated dog (canis familiaris) or
domesticated cat (felis catus or domesticus), whether domestically
raised or imported for another country , or any product or item
containing or comprised of the fur, hair, skin or flesh of a do or cat.
As used in this section the term “domesticated dog or
cat” shall not mean or include coyote (ranis latrans), fox
(vulpes volpes, vulpes cinereoargenteus), lyn (felis lynx) or bobcat
(felis rufus).
- Manufacturers or suppliers shall provide
certification to each retailer that any fur, hair, skin or flesh
contained in such items is not derived from domesticated dog or
domesticated cat.
- The commissioner shall establish a standard for the
certification required by the provisions of subdivision two of this
section on the effective date of this section.
- A violation of this section shall be punishable by a
civil penalty of up to one thousand dollars for an individual and up to
five thousand dollars for a corporation for the first violation. Any
subsequent violation shall be punishable by a civil penalty of up to
twenty-five thousand dollars.
- Any civil penalties collected pursuant to this
section of law are payable to the animal population control fund
established pursuant to section ninety-seven-xx of the state finance
law.
-
- No provision of this section shall be construed
to prohibit or interfere with any properly conducted scientific tests,
experiments or investigations involving the use of dog or car fur or
flesh, performed or conducted in laboratories or institutions, which
are approved for these purposes by the site commissioner of health in
accordance with section three hundred fifty-three of this
article.
- No provision of this section shall be construed
to
prohibit any person, firm, partnership or corporation from importing,
selling, offering for sale, manufacturing, distributing, transporting,
or otherwise marketing or trading in the fur, hair, skin, or flesh of a
domesticated dog or cat for the purposes of conducting scientific
tests, experiments or investigations that are to be performed or
conducted in laboratories or institutions, which are approved for these
purposes by the state commissioner of health in accordance with section
three hundred fifty-three of this article.