5. 1. 2. A person who wilfully 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. For the purposes of this subdivision, interested persons shall mean any 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 farm animals which are the subject of the forfeiture action. (e) "Abandonment" means the intentional relinquishment or forsaking of possession or control of any animal released from a facility. Issuance of warrants upon complaint. Tattooing done in conjunction with a medical procedure for the benefit of a companion animal that indicates that such medical procedure has been done shall be performed by a licensed veterinarian or under the supervision of a licensed veterinarian. July 20, 2004; L.2008, c. 308, § 1, eff. The Cruelty and Waste of Animal Experimentation; ... State Laws. 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 writing separate and apart from any printed bill of lading or other railroad form. (2) Notwithstanding section forty-one of this chapter, any violation of this section shall constitute a violation. 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 from another country, or any product or item containing or comprised of the fur, hair, skin or flesh of a dog or cat. Spaying and neutering of dogs and cats. Cruelty to animals is now a federal crime under a new law signed by President Trump on Monday. That’s about to change. 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. Failure to provide proper food and drink to impounded animal, § 357 . 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. f. (1) 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. Any person violating any of the provisions of this section, upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not to exceed six months, or by both. However, only a licensed veterinarian may perform euthanasia by intracardiac injection of sodium pentobarbital or sodium pentobarbital solution upon animals that are not heavily sedated, anesthetized or comatose and only when such licensed veterinarian determines that such intracardiac injection is the most humane option available. 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. 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. (b) 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. 3. 2. c. 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. CREDIT(S) (Added L.2002, c. 573, § 3, eff. 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. 2. Poisoning or attempting to poison animals 4. 2-a. Violations of this paragraph shall be punishable by a civil penalty of not more than five hundred dollars. ), § 363. In New York State, Skye’s Amendment, named for a mare who in December 2008 was stabbed eighteen times with a butcher knife until she bled to death, makes it a felony to abuse any animal in New York State. (b) 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. Any person who, after notice has been given by: (a) actual notice in writing or orally to the person; or, (b) prominently posting written notice upon or immediately adjacent to the facility; or. Therapeutic purpose does not include cosmetic or aesthetic reasons or reasons of convenience in keeping or handling the cat. July 21, 1997; L.1999, c. 118, § 2, eff. (g) "Secret scientific material" means a sample, culture, micro-organism, 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. This section shall not apply to animal carcasses used for experimental or teaching purposes. Whenever a cardiac injection of sodium pentobarbital or sodium pentobarbital solution is administered by a licensed veterinarian upon an animal that is not heavily sedated, anesthetized or comatose, such veterinarian must document, in writing, the administration of such injection and the reason for its administration. As added by L.2017, c. 333, § 3. Appropriate shelter for dogs left outdoors, § 353-c . ), § 354. Transportation of horses § 360 . July 23, 2014. 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. Nov. 1, 2003.). or held by the petitioner or a minor child living in the household. 3. Selling or offering to sell or exposing diseased animal. 1. CREDIT(S) (Added L.1981, c. 98, § 1; amended L.1998, c. 437, § 1, eff. Oct. 9, 2010. property. New York State law defines animal cruelty as a situation where a person causes unjustified harm, pain, or suffering to an animal or neglects an animal's care by not … 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. animal related laws, and investigates cases of animal cruelty. ), § 353-b. 2. As used in this section the term "domesticated dog or cat" shall not mean or include coyote (ranis latrans), fox (vulpes volpes, vulpes cinereoargenteus), lynx (felis lynx) or bobcat (felis rufus). Animal fighting paraphernalia includes the following: (i) A breaking stick, which means a device designed for insertion behind the molars of a dog for the purpose of breaking the dog's grip on another animal or object; (ii) A cat mill, which means a device that rotates around a central support with one arm designed to secure a dog and one arm designed to secure a cat, rabbit, or other small animal beyond the grasp of the dog; (iii) A treadmill, which means an exercise device consisting of an endless belt on which the animal walks or runs without changing places; (iv) A springpole, which means a biting surface attached to a stretchable device, suspended at a height sufficient to prevent a dog from reaching the biting surface while touching the ground; (v) A fighting pit, which means a walled area, or otherwise defined area, designed to contain an animal fight; (vi) Any other instrument commonly used in the furtherance of pitting an animal against another animal. January 23, 2009. McKinney's Agriculture and Markets Law § 331 - 381; McKinney's Penal Law § 130.20, NY AGRI & MKTS § 331 - 381; NY PENAL § 130.20. PAR . Seizure of animals lost, strayed, homeless, abandoned or improperly confined or kept, § 374 . Nov. 21, 2003; L.2009, c. 479, §§ 1 to 4, eff. (a) “Elephant” means the three species of the family Elephantidae: (i) Loxodonta africana and Loxodonta cyclotis, also known as the African elephant; and. New York State Trooper and Bureau of Criminal Investigation (Ret.) tactic of power and control, attempting to instill fear in victims and send Throwing substance injurious to animals in public place. 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. 1. ), § 378. Trooper and BCI Investigator] for her expertise in the creation of the content of this PowerPoint *** New York State's Animal Cruelty Law … 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 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. ), § 358-a. [§ 352 . 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 non-profit educational purposes or from observing fowl hatched from such eggs for non-profit educational purposes. Oct. 27, 2007.). The petitioner shall also serve a true copy of the petition on any interested person. Connection between Domestic Violence and Animal Cruelty, Factors No person shall perform an onychectomy (declawing), partial or complete phalangectomy or tendonectomy procedure by any means on a cat within the state of New York, except when necessary for a therapeutic purpose. 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 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 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 fifty dollars. Spaying and neutering of dogs and cats, § 378 . (Added L.1961, c. 328. Chapter 40. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent; or. ), § 373. 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 wilfully 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. Mckinney's Consolidated Laws of New York Annotated. Disposition of animals or implements used in fights among animals. of New York . Every state and territory, regardless of rank, has room for improvement. 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. Society for the Prevention of Cruelty to Animals (ASPCA). Article 130. The ASPCA Humane Law Enforcement To speak to an advocate, call 800-942-6906 or text 844-997-2121. 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 companion animal as defined in subdivision five of section three hundred fifty of this chapter, or to entice any identified dog, cat or other such companion 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; 2. NYS General Business Law 35-D, New York State's Pet Lemon Law, is designed to safeguard the public and to ensure the humane treatment of dogs and cats by requiring pet dealers to guarantee that the animals they sell to consumers are free from serious health conditions. 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 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. 1830s onward: Newspapers carry articles reporting and denouncing cruelty towards animals. New York child abuse laws fall within the Penal Code, as they do in other states. 3. (c) "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 animal is carried out, conducted or attempted or where records or documents relating to an animal or animal research, tests, experiments, production, education or investigation are maintained. 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. 2. Division is the law enforcement arm of the American 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. 4. 4. April 14, 2015. 1-a. Said affidavit shall, to the best of 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. 2. 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. 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 anaesthetic 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. L.1984, c. 150, § 1, eff. T, §§ 23, 24, eff. Leaving state to avoid provisions of this article. Oct. 16, 2012. The court may waive for good cause shown the posting of security. Buster’s Law … CREDIT(S) (Added L.1965, c. 1047, § 3. The provisions of this section shall be in addition to any such common law and statutory remedies. order to minimize custody disputes, keeping in mind that pets are considered Credits (Added L.1984, c. 150, § 1. Not only has this helped to put dangerous people behind bars, but expanded the training of police and troopers in enforcing the cruelty laws. If the victim is making plans to leave, discuss necessary items such as Any such police officer or agent or officer may also lawfully take possession of any unwanted animal from the person in possession or custody thereof. 2-a to 2-e. Repealed by L.2009, c. 479, § 1, eff. 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. Unlawful tampering with animal research. as “every living creature other than a human being [§ 350 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. (b) If practicable and if the necessary technology and equipment are available, for the purposes of this paragraph, make available to the public on the internet on a website or social media maintained by or otherwise made available to such officer, society, pound or shelter by the municipal or county government in which such officer, society, pound or shelter is located, a photograph, and a general description of the animal to assist the owner or owners in finding the animal, including the breed or breeds, if known. "Pet" or "companion animal" shall not include a "farm animal" as defined in this section. Issuance of warrants upon complaint, § 373 . Poisoning or attempting to poison animals, § 361 . It is therefore declared to be the public policy of New York state that every feasible humane means of reducing the production of unwanted puppies and kittens be encouraged. In the United States, three states have already passed laws that ban testing cosmetics on animals. See, also, § 380 as added by another act.]>. Reasonable expenses shall include, but not be limited to, estimated medical care and boarding of the animal for at least thirty days. See, also, § 380 as added by another act.]>. June 6, 2000; L.2003, c. 594, § 2, eff. agriculture and markets law.”. Nov. 15, 2012.). Aggravated cruelty to animals is a felony. He or she engages in sexual intercourse with another person without such person's consent; or, 2. any person offending against any of the provisions of Article 26 of the Violations of this paragraph shall be punishable by a civil penalty of not more than five hundred dollars. b. Removing, seizing or transporting dogs for research purposes. any companion animal the respondent knows to be owned, possessed, leased, kept 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. Two doorways for ingress and egress, which shall not apply to animal carcasses used for experimental or teaching.! Law is New York State Trooper and Bureau of Criminal Investigation (.... A civil penalty of not more than five hundred dollars and statutory remedies unlawful tampering with animal is! 353-Overdriving, torturing and injuring animals ; failure to provide proper sustenance, § 3 ; amended L.2000, 545... Mean any domesticated sheep, goat, horse, cattle or swine... New State! 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