 | |
New York
(Agriculture & Markets Abandoned Animals) 331 Abandonment of certain animals
1961
Summary: Prohibits abandoning an animal by: placing the animal in the custody of a vet, boarding kennel, stable or other person for treatment, boarding or care; and failing to remove the animal from such custody at the end of the specified period of time when a notice to remove the animal within 10 days thereafter has been provided by registered mail; or if the animal was placed in such custody for an unspecified period of time, failing to remove the animal from such custody within 20 days after notice to remove the animal was provided by registered mail.
Note: An animal hospital that delivered a dog to an animal shelter was liable to the owner for the value of his pet, where the hospital failed to sufficiently comply with these notice provisions (the letter stated that his pet would be deemed abandoned if he did not pick up the animal within 10 days, but it also implied that legal action would begin for services rendered) and also failed to notify the owner of the dog's location after delivering the dog to the shelter. See Animal Hospital of Elmont v. Gianfranscisco, 100 Misc 2d 406, 418 NYS.2d 992 (1979).
Penalty: No lien on animal for the cost of its treatment, boarding or care.
(Agriculture & Markets Abandoned Animals) 332 Disposition (of abandoned animals)
1961, amended 1980
Summary: Custodian of animal abandoned pursuant to 331 can: deliver the animal to any humane society for cats, dogs and small animals, deliver the animal to the local pound. Custodian must notify the owner or agent by registered mail of animal's disposal. If animal is not claimed from humane society or pound by owner within five days, it may be adopted or euthanized. Prohibits euthanasia of these animals using decompression chambers.
(Agriculture & Markets Animals) 350 Definitions
1922, 1999
Summary: As used in Article 26, 'Animal' = every living creature except a human being.
(Agriculture & Markets Animals) 353 Overdriving, torturing and injuring animals; failure to provide proper sustenance
1965, 1985
Summary: Prohibits overdriving, overloading, torturing or cruelly beating unjustifiably injuring, maiming, mutilating or killing causing, procuring or permitting the same or in any way furthers any act of cruelty to any animal any animal, whether wild or tame, and whether belonging to himself or to another.
Prohibits depriving, neglecting or refusing any animal necessary sustenance, food or drink causing, procuring or permitting the same or in any way furthers any act of cruelty to any animal.
Exception: Properly conducted scientific tests or experiments performed in labs or institutions which are approved by NY commissioner of health.
Note: Court held that shooting and killing a dog to protect one's own dog from an unprovoked attack on one's own property was not animal cruelty (People v. Wicker, 78 Misc 2d 811, 357 NYS 2d 597 (1974)).
Penalty: Misdemeanor, maximum one year confinement and/or maximum $1,000 fine.
(Agriculture & Markets Animals) 353-a Aggravated cruelty to animals
1999
Summary: 'Aggravated cruelty' = conduct intended to cause extreme physical pain or conduct done in a depraved or sadistic manner.
Prohibits the intentional killing or causing of serious physical injury to a companion animal with aggravated cruelty and no justifiable purpose.
Exceptions: lawful hunting, trapping or fishing per Article 11 dispatch of rabid or diseased animals per Article 21 dispatch of animals posing a threat to human safety or other animals when legally authorized properly conducted scientific tests or experiments performed in labs or institutions which are approved by NY commissioner of health.
Note: Court held that the statute is not unconstitutionally vague and overbroad. People v. Knowles, 184 Misc 2d 474, NYS 2d 916 (2000).
Penalty: Class E Felony per 55.10; definite confinement of maximum two years
(Agriculture & Markets Animals) 354 Sale of baby chicks and rabbits
1965, amended 1985
Summary: 'Baby rabbit' = rabbit less than two months old.
Prohibits selling, offering for sale, or giving away live baby chicks, ducklings, other fowl, or rabbits unless proper brooder facilities are provided for the care of such baby animals.
Prohibits selling, offering for sale, or displaying live baby chicks, ducklings, other fowl or rabbits if the animals have been dyed, or otherwise artificially colored.
Exception: Non-profit educational hatching projects under the guidance and supervision of qualified instructors and the state cooperative extension service.
Prohibits selling, offering for sale, or giving away live baby chicks, ducklings, other fowl or rabbits under two months of age in any quantity less than six.
Penalty: Misdemeanor, maximum one year confinement and/or maximum $500 fine
(Agriculture & Markets Animals) 355 Abandonment of animals
1922, 1985
Summary: Prohibits owner or custodian of an animal from abandoning such animal, or leaving it to die in a street, road or public place for more than three hours after receiving notice.
Penalty: Misdemeanor, maximum one year confinement and/or $1,000 fine.
(Agriculture & Markets Animals) 356 Failure to provide proper food and drink to impounded animal
1965, 1985
Summary: Prohibits impounding or confining any animal, and refusing or neglecting to supply to such animal during its confinement with a sufficient supply of good and wholesome air, food, shelter and water.
Penalty: Misdemeanor, maximum one year confinement and/or maximum $1,000 fine. If animal is confined for more than 12 hrs without necessary food & water, any person may enter premises to provide same without liability. Lien on animal for cost of food and water.
(Agriculture & Markets Animals) 358-a Live animals as prizes
1986, amended 2001
Summary: 'Livestock' = any domesticated sheep, goat, horse, cattle or swine.
Prohibits giving away or offering to give away any live animal other than purebred livestock or fish in any game, drawing, contest, sweepstakes or other promotion giving away as a prize, offering to give away as a prize, exchanging for nominal consideration, or offering to exchange for nominal consideration any live animal other than purebred livestock or fish in any game, drawing, contest, sweepstakes or other promotion (must comply with rules provided by the commissioner of agriculture).
Exceptions: Any live animal given away by in conjunction with a cooperative extension education program or agricultural vocation program sanctioned by state education dept.
Penalty: Either civil penalty (maximum $250) or violation with fine (maximum $250)
(Agriculture & Markets Animals) 360 Poisoning or attempting to poison animals
1965, 1985
Summary: Prohibits unjustifiably administering any poisonous or noxious drug or substance with the intent that it will be taken by a horse, mule or domestic cattle (including one's own). Prohibits unjustifiably administering any poisonous or noxious drug or substance, with the intent that it will be taken, to an animal other than a horse, mule or domestic cattle (including one's own animals).
Penalty: Misdemeanor, maximum one year confinement and/or maximum $1,000 fine.
(Agriculture & Markets Animals) 361 Interference with or injury to certain domestic animals
1965, 1975
Summary: Prohibits willfully or unjustifiably interfering with, injuring, destroying or tampering with or willfully engaging, instigating or furthering any act by which a horse, mule, dog or any other domestic animal used for racing, breeding, or competitive exhibition of skill, breed or stamina, is interfered with, injured, destroyed, or tampered with.
Penalty: Felony
(Agriculture & Markets Animals) 362 Throwing substance injurious to animals in public place
1965, 1985
Summary: Prohibits willfully throwing, dropping or placing, or causing to be thrown, dropped or placed upon any road, highway, street or public place, any glass, nails, pieces of metal, or other substance which can wound, disable or injure any animal.
Penalty: Misdemeanor, maximum one year confinement and/or maximum $1,000 fine.
(Agriculture & Markets Animals) 363 Unauthorized possession of dogs (pet theft)
1965
Summary: The unauthorized possession of a dog by someone other than the true owner for more than 10 days without notifying the owner, or the local police or the superintendent of state policy of the dog's possession is presumptive evidence of larceny.
(Agriculture & Markets Animals) 365 Clipping or cutting the ears of dogs
1965, 1985
Summary: Prohibits cutting or clipping off whole or part of a dog's ears, or procuring another to do the same.
Exception: If performed by veterinarian with anesthesia.
Penalty: Misdemeanor, maximum one year confinement and/or maximum $1,000 fine.
(Agriculture & Markets Animals) 366 Dog stealing
1965, amended 1984
Summary: Prohibits removing or causing to be removed from any dog, cat or other domestic animal the collar, id tag or any other id by which the owner can be ascertained enticing any identified dog, cat or other such domestic animal into or out of any house or enclosure to remove its collar, tag or ay other id.
Exception: With owner's permission.
Prohibits enticing, seizing or molesting any dog while the dog is: being held or led by any person properly muzzled wearing a collar with an id tag.
Exception: Where such action is incidental to the enforcement of a law or regulation. Prohibits transporting any dog that is not lawfully in one's custody to kill or sell the dog.
Penalty: Fined maximum $200 and/or maximum six months confinement
(Agriculture & Markets Animals) 366-a Removing, seizing or transporting dogs for research purposes
1967
Summary: Prohibits removing, seizing or transporting (or causing the same) any dog that belongs to or is licensed to another person for the purpose of selling, bartering or giving away the dog to a lab, hospital, research institute, medical school or any agency engaged in research activity without the written permission of the owner or licensee.
Penalty: Misdemeanor, maximum $500 fine and/or maximum six months confinement
(Agriculture & Markets Animals) 367 Leaving the state to avoid provisions
1965
Summary: A person who leaves the state with intent to elude any of the provisions of this article (Animals) or to commit any act outside the state that is prohibited by this article is punishable in the same manner as if the act was committed in the state. Residents who commit any act outside this state (with the above intent) which would be prohibited under the provisions of this article (Animals) are punishable in the same manner as if the act was committed in the state.
(Agriculture & Markets Animals) 368 Operating upon tail of horses
1965, 1980
Summary: Prohibits cutting the bones, tissues, muscles, or tendons of the tail of a horse for the purpose of docking, setting, or altering the natural carriage of the horse, or knowingly assisting with or permitting same upon premises that one owns, leases, or uses, or voluntarily being present at the same. Unhealed wound is prima facie evidence that owner or custodian is offender.
Prohibits exhibiting or showing such an animal unless accompanied by written affidavit that procedure done prior to 6/1/64.
Penalty: Misdemeanor, maximum one year confinement and/or maximum $500 fine.
(Agriculture & Markets Sale of Baby Chicks) 175-m Offering baby chicks for sale
1938
Summary: Requires a permit (from dept of agriculture and markets) to offer baby chicks, under 6 weeks, for sale at public auction or community sale. eSee 175-n for permit application details.
Penalty: Misdemeanor, fined maximum $100
(Agriculture & Markets Sale of Baby Chicks) 175-o Containers and labels
1938
Summary: Requires the clear labeling of boxes, crates, coops or other containers for baby chicks offered for sale or sold. Container must show: kind and number of chicks, dates hatched, who hatched the chicks eand other data relating to disease prevention and salee.
Penalty: Misdemeanor, fined maximum $100
Donate Today
