EDUCATE

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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:
1. For amusement or gain, causes any animal to engage in animal fighting; or
2. Trains any animal under circumstances evincing an intent that such animal engage in animal fighting for amusement or gain; or
3. Breeds, sells or offers for sale any animal under circumstances evincing an intent that such animal engage in animal fighting; or
4. Permits any act described in paragraph (a), (b) or (c) of this subdivision to occur on premises under his control; or
5. 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:
1. is intended to cause extreme physical pain; or
2. 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:
1. “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.
2. “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.
3. “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:
1. 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.
2. 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.
1. 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:
1. The interiors of compartments containing horses shall be constructed of smooth materials, containing no sharp objects or protrusions which are hazardous;
2. The floors shall be of such construction or covered with abrasive materials so as to prevent horses from skidding or sliding;
3. There shall be sufficient apertures to insure adequate ventilation;
4. There shall be sufficient insulation or coverings to maintain an adequate temperature in the compartment containing horses;
5. Partitions of sturdy construction shall be placed a maximum of ten feet apart in vehicles which do not have stalls;
6. Doorways shall be of sufficient height to allow safe ingress and egress of each horse contained in the compartment;
7. Each compartment containing horses shall be of such height so as to allow sufficient clearance above the poll and withers of each horse in the compartment;
8. Ramps sufficient for loading and unloading horses shall be provided if the vertical distance from the floor of the compartment containing horses to the ground is greater than fifteen inches; and
9. There shall be at least two doorways for ingress and egress, which shall not be on the same side.
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.
1. Transporting a horse in violation of this section shall be a violation punishable by a fine of not more than two hundred fifty dollars.
2. 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.
1. The term ” horse ” as used through out this section shall apply to the entire family equidae.
2. 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.
1. 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.
2. 1. 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.
  2. 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.
  3. 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.
  4. 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.
3. 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.
1. 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.
2. No person shall euthanize any dog or cat with T61, curare, any curariform drug, any neuromuscular blocking agent or any other paralyzing drug.
3. 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.
4. No person shall euthanize a dog or cat by gas emitted from any engine exhaust system.
5. 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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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. 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.
  2. 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.
7. 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:
1. the dog or cat has been spayed or neutered; or
2. 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
3. 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:
1. “Infectious agents” shall be limited to those organisms that cause serious physical injury or death to humans.
2. “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.
3. “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.
4. “Release” means to intentionally set free from any facility an animal without any right, title, or claim thereto.
5. “Abandonment” means the intentional relinquishment or forsaking of possession or control of any animal released from a facility.
6. “Person” means any individual, firm, organization, partnership, association, or corporation.
7. “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.
8. 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:
1. actual notice in writing or orally to the person: or
2. prominently posting written notice upon or immediately adjacent to the facility: or
3. notice that is announced upon entry to the facility by any person:
  1. 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
  2. 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.
1. 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.
2. 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.

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