S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1659
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to codifying  animal  cruelty
         laws  under  the  penal law; to amend the agriculture and markets law,
         the criminal procedure law, the environmental  conservation  law,  the
         general business law, the family court act and the administrative code
         of  the  city  of New York, in relation to making conforming technical
         changes; and to repeal article 26 of the agriculture and  markets  law
         relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a  new  article  236  to
    2  read as follows:
    3                                 ARTICLE 236
    4                          OFFENSES AGAINST ANIMALS
    5  SECTION 236.00 DEFINITIONS.
    6          236.01 PROHIBITION OF ANIMAL FIGHTING.
    7          236.02 OVERDRIVING,  TORTURING  AND INJURING ANIMALS; FAILURE TO
    8                   PROVIDE PROPER SUSTENANCE.
    9          236.03 AGGRAVATED CRUELTY TO ANIMALS.
   10          236.04 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
   11          236.05 ELECTROCUTION OF FUR-BEARING ANIMALS PROHIBITED.
   12          236.06 SALE OF BABY CHICKS AND BABY RABBITS.
   13          236.07 ABANDONMENT OF ANIMALS.
   14          236.08 FAILURE TO PROVIDE PROPER FOOD AND DRINK TO AN  IMPOUNDED
   15                   ANIMAL.
   16          236.09 SELLING OR OFFERING TO SELL OR EXPOSING DISEASED ANIMAL.
   17          236.10 SELLING DISABLED HORSES.
   18          236.11 LIVE ANIMALS AS PRIZES PROHIBITED.
   19          236.12 CARRYING AN ANIMAL IN A CRUEL MANNER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05386-01-3
       A. 1659                             2
    1          236.13 TRANSPORTATION OF HORSES.
    2          236.14 POISONING OR ATTEMPTING TO POISON ANIMALS.
    3          236.15 INTERFERENCE WITH OR INJURY TO CERTAIN DOMESTIC ANIMALS.
    4          236.16 THROWING SUBSTANCE INJURIOUS TO ANIMALS IN PUBLIC PLACE.
    5          236.17 UNAUTHORIZED  POSSESSION  OF DOGS PRESUMPTIVE EVIDENCE OF
    6                   LARCENY.
    7          236.18 RUNNING HORSES ON HIGHWAY.
    8          236.19 CLIPPING OR CUTTING THE EARS OF DOGS.
    9          236.20 DOG STEALING.
   10          236.21 REMOVING,  SEIZING  OR  TRANSPORTING  DOGS  FOR  RESEARCH
   11                   PURPOSES.
   12          236.22 LEAVING STATE TO AVOID PROVISIONS OF THIS ARTICLE.
   13          236.23 OPERATING UPON TAILS OF HORSES UNLAWFUL.
   14          236.24 INTERFERENCE WITH OFFICERS.
   15          236.25 PROTECTION  OF THE PUBLIC FROM ATTACK BY WILD ANIMALS AND
   16                   REPTILES.
   17          236.26 POWERS OF PEACE OFFICERS.
   18          236.27 ISSUANCE OF WARRANTS UPON COMPLAINT.
   19          236.28 SEIZURE OF ANIMALS LOST, STRAYED, HOMELESS, ABANDONED  OR
   20                   IMPROPERLY CONFINED OR KEPT.
   21          236.29 HUMANE  DESTRUCTION OR OTHER DISPOSITION OF ANIMALS LOST,
   22                   STRAYED, HOMELESS, ABANDONED OR IMPROPERLY CONFINED  OR
   23                   KEPT.
   24          236.30 OFFICER MAY TAKE POSSESSION OF ANIMALS OR IMPLEMENTS USED
   25                   IN FIGHTS AMONG ANIMALS.
   26          236.31 DISPOSITION OF ANIMALS OR IMPLEMENTS USED IN FIGHTS AMONG
   27                   ANIMALS.
   28          236.32 DISPOSAL OF DEAD ANIMALS.
   29          236.33 SPAYING AND NEUTERING OF DOGS AND CATS.
   30          236.34 UNLAWFUL TAMPERING WITH ANIMAL RESEARCH.
   31          236.35 PROHIBITION OF THE SELLING OF FUR, HAIR, SKIN OR FLESH OF
   32                   A DOG OR CAT.
   33          236.36 CONFINEMENT  OF  COMPANION  ANIMALS  IN VEHICLES; EXTREME
   34                   TEMPERATURES.
   35          236.37 COMPANION ANIMAL GROOMING  FACILITIES;  PROHIBITED  PRAC-
   36                   TICES.
   37  S 236.00 DEFINITIONS.
   38    1.  "ANIMAL,"  AS USED IN THIS ARTICLE, INCLUDES EVERY LIVING CREATURE
   39  EXCEPT A HUMAN BEING.
   40    2. "TORTURE" OR "CRUELTY" INCLUDES EVERY ACT,  OMISSION,  OR  NEGLECT,
   41  WHEREBY  UNJUSTIFIABLE  PHYSICAL  PAIN,  SUFFERING OR DEATH IS CAUSED OR
   42  PERMITTED.
   43    3. "ADOPTION" MEANS THE DELIVERY TO ANY NATURAL PERSON EIGHTEEN  YEARS
   44  OF  AGE OR OLDER, FOR THE LIMITED PURPOSE OF HARBORING A PET, OF ANY DOG
   45  OR CAT, SEIZED OR SURRENDERED.
   46    4. "FARM ANIMAL", AS USED IN THIS ARTICLE, MEANS ANY  UNGULATE,  POUL-
   47  TRY, SPECIES OF CATTLE, SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEAR-
   48  ING  ANIMALS, AS DEFINED IN SECTION 11-1907 OF THE ENVIRONMENTAL CONSER-
   49  VATION LAW, WHICH ARE RAISED FOR  COMMERCIAL  OR  SUBSISTENCE  PURPOSES.
   50  FUR-BEARING ANIMAL SHALL NOT INCLUDE DOGS OR CATS.
   51    5.  "COMPANION  ANIMAL"  OR "PET" MEANS ANY DOG OR CAT, AND SHALL ALSO
   52  MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN  OR  NEAR  THE
   53  HOUSEHOLD  OF  THE OWNER OR PERSON WHO CARES FOR SUCH OTHER DOMESTICATED
   54  ANIMAL. "PET" OR "COMPANION ANIMAL" SHALL NOT INCLUDE A "FARM ANIMAL" AS
   55  DEFINED IN THIS SECTION.
   56  S 236.01 PROHIBITION OF ANIMAL FIGHTING.
       A. 1659                             3
    1    1. FOR PURPOSES OF THIS SECTION, THE TERM "ANIMAL FIGHTING" SHALL MEAN
    2  ANY FIGHT BETWEEN COCKS OR OTHER BIRDS, OR BETWEEN DOGS, BULLS, BEARS OR
    3  ANY OTHER ANIMALS, OR BETWEEN ANY SUCH ANIMAL AND A PERSON  OR  PERSONS,
    4  EXCEPT IN EXHIBITIONS OF A KIND COMMONLY FEATURED AT RODEOS.
    5    2. ANY PERSON WHO ENGAGES IN ANY OF THE FOLLOWING CONDUCT IS GUILTY OF
    6  A  FELONY  PUNISHABLE  BY  IMPRISONMENT  FOR A PERIOD NOT TO EXCEED FOUR
    7  YEARS, OR BY A FINE NOT TO EXCEED TWENTY-FIVE THOUSAND  DOLLARS,  OR  BY
    8  BOTH SUCH FINE AND IMPRISONMENT:
    9    (A)  FOR  AMUSEMENT  OR  GAIN,  CAUSES  ANY ANIMAL TO ENGAGE IN ANIMAL
   10  FIGHTING; OR
   11    (B) TRAINS ANY ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH
   12  ANIMAL ENGAGE IN ANIMAL FIGHTING FOR AMUSEMENT OR GAIN; OR
   13    (C) BREEDS, SELLS OR OFFERS FOR SALE ANY  ANIMAL  UNDER  CIRCUMSTANCES
   14  EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
   15    (D)  PERMITS  ANY  ACT  DESCRIBED IN PARAGRAPH (A), (B) OR (C) OF THIS
   16  SUBDIVISION TO OCCUR ON PREMISES UNDER HIS CONTROL; OR
   17    (E) OWNS, POSSESSES OR KEEPS ANY ANIMAL TRAINED TO  ENGAGE  IN  ANIMAL
   18  FIGHTING  ON  PREMISES  WHERE  AN EXHIBITION OF ANIMAL FIGHTING IS BEING
   19  CONDUCTED UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE
   20  IN ANIMAL FIGHTING.
   21    3. (A) ANY PERSON WHO ENGAGES IN CONDUCT SPECIFIED IN PARAGRAPH (B) OF
   22  THIS SUBDIVISION IS GUILTY OF A MISDEMEANOR AND IS PUNISHABLE BY  IMPRI-
   23  SONMENT  FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY A FINE NOT TO EXCEED
   24  FIFTEEN THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   25    (B) THE OWNING, POSSESSING OR KEEPING  OF  ANY  ANIMAL  UNDER  CIRCUM-
   26  STANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
   27    4. (A) ANY PERSON WHO ENGAGES IN CONDUCT SPECIFIED IN PARAGRAPH (B) OF
   28  THIS  SUBDIVISION IS GUILTY OF A MISDEMEANOR AND IS PUNISHABLE BY IMPRI-
   29  SONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY A FINE NOT TO  EXCEED
   30  ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   31    (B)  THE  KNOWING PRESENCE AS A SPECTATOR HAVING PAID AN ADMISSION FEE
   32  OR HAVING MADE A WAGER AT ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHT-
   33  ING IS BEING CONDUCTED.
   34    5. (A) ANY PERSON WHO ENGAGES IN THE CONDUCT  SPECIFIED  IN  PARAGRAPH
   35  (B)  OF  THIS  SUBDIVISION IS GUILTY OF A VIOLATION PUNISHABLE BY A FINE
   36  NOT TO EXCEED FIVE HUNDRED  DOLLARS.  ANY  PERSON  WHO  ENGAGES  IN  THE
   37  CONDUCT SPECIFIED IN PARAGRAPH (B) OF THIS SUBDIVISION AFTER HAVING BEEN
   38  CONVICTED WITHIN THE PREVIOUS FIVE YEARS OF A VIOLATION OF THIS SUBDIVI-
   39  SION  OR SUBDIVISION FOUR OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND
   40  IS PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY
   41  A FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR BY BOTH BY SUCH  FINE  AND
   42  IMPRISONMENT.
   43    (B)  THE KNOWING PRESENCE AS A SPECTATOR AT ANY PLACE WHERE AN EXHIBI-
   44  TION OF ANIMAL FIGHTING IS BEING CONDUCTED.
   45  S 236.02 OVERDRIVING, TORTURING AND INJURING ANIMALS; FAILURE TO PROVIDE
   46             PROPER SUSTENANCE.
   47    A PERSON WHO OVERDRIVES,  OVERLOADS,  TORTURES  OR  CRUELLY  BEATS  OR
   48  UNJUSTIFIABLY  INJURES,  MAIMS,  MUTILATES  OR KILLS ANY ANIMAL, WHETHER
   49  WILD OR TAME, AND  WHETHER  BELONGING  TO  HIMSELF  OR  TO  ANOTHER,  OR
   50  DEPRIVES  ANY ANIMAL OF NECESSARY SUSTENANCE, FOOD OR DRINK, OR NEGLECTS
   51  OR REFUSES TO FURNISH IT SUCH SUSTENANCE OR DRINK, OR  CAUSES,  PROCURES
   52  OR  PERMITS  ANY  ANIMAL TO BE OVERDRIVEN, OVERLOADED, TORTURED, CRUELLY
   53  BEATEN, OR UNJUSTIFIABLY INJURED, MAIMED, MUTILATED OR KILLED, OR TO  BE
   54  DEPRIVED  OF  NECESSARY  FOOD  OR  DRINK,  OR WHO WILFULLY SETS ON FOOT,
   55  INSTIGATES, ENGAGES IN, OR IN ANY WAY FURTHERS ANY ACT OF CRUELTY TO ANY
   56  ANIMAL, OR ANY ACT TENDING TO PRODUCE SUCH CRUELTY, IS GUILTY OF A CLASS
       A. 1659                             4
    1  A MISDEMEANOR AND FOR PURPOSES OF PARAGRAPH (B) OF  SUBDIVISION  ONE  OF
    2  SECTION  160.10  OF  THE  CRIMINAL  PROCEDURE LAW, SHALL BE TREATED AS A
    3  MISDEMEANOR DEFINED IN THE PENAL LAW.
    4    NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO PROHIBIT OR INTERFERE
    5  WITH ANY PROPERLY CONDUCTED SCIENTIFIC TESTS,  EXPERIMENTS  OR  INVESTI-
    6  GATIONS,  INVOLVING THE USE OF LIVING ANIMALS, PERFORMED OR CONDUCTED IN
    7  LABORATORIES OR INSTITUTIONS, WHICH ARE APPROVED FOR THESE  PURPOSES  BY
    8  THE  STATE  COMMISSIONER  OF  HEALTH.  THE  COMMISSIONER OF HEALTH SHALL
    9  PRESCRIBE THE RULES UNDER WHICH SUCH APPROVALS SHALL BE GRANTED, INCLUD-
   10  ING THEREIN STANDARDS REGARDING THE  CARE  AND  TREATMENT  OF  ANY  SUCH
   11  ANIMALS.  SUCH RULES SHALL BE PUBLISHED AND COPIES THEREOF CONSPICUOUSLY
   12  POSTED IN EACH SUCH LABORATORY OR INSTITUTION.   THE STATE  COMMISSIONER
   13  OF  HEALTH OR HIS DULY AUTHORIZED REPRESENTATIVE SHALL HAVE THE POWER TO
   14  INSPECT SUCH LABORATORIES OR INSTITUTIONS TO INSURE COMPLIANCE WITH SUCH
   15  RULES AND STANDARDS. EACH SUCH APPROVAL MAY BE REVOKED AT ANY  TIME  FOR
   16  FAILURE  TO COMPLY WITH SUCH RULES AND IN ANY CASE THE APPROVAL SHALL BE
   17  LIMITED TO A PERIOD NOT EXCEEDING ONE YEAR.
   18  S 236.03 AGGRAVATED CRUELTY TO ANIMALS.
   19    1. A PERSON IS GUILTY OF AGGRAVATED CRUELTY TO ANIMALS WHEN,  WITH  NO
   20  JUSTIFIABLE  PURPOSE,  HE  OR  SHE  INTENTIONALLY KILLS OR INTENTIONALLY
   21  CAUSES SERIOUS PHYSICAL INJURY TO A  COMPANION  ANIMAL  WITH  AGGRAVATED
   22  CRUELTY.  FOR  PURPOSES OF THIS SECTION, "AGGRAVATED CRUELTY" SHALL MEAN
   23  CONDUCT WHICH: (I) IS INTENDED TO CAUSE EXTREME PHYSICAL PAIN;  OR  (II)
   24  IS DONE OR CARRIED OUT IN AN ESPECIALLY DEPRAVED OR SADISTIC MANNER.
   25    2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
   26  INTERFERE  IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING, TRAPPING,
   27  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
   28  TION LAW, THE DISPATCH OF RABID OR  DISEASED  ANIMALS,  AS  PROVIDED  IN
   29  ARTICLE  TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF ANIMALS
   30  POSING A THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH  ACTION  IS
   31  OTHERWISE  LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED SCIENTIFIC
   32  TESTS, EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF  LIVING
   33  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
   34  FOR  SUCH  PURPOSES  BY  THE  COMMISSIONER OF HEALTH PURSUANT TO SECTION
   35  236.02 OF THIS ARTICLE.
   36    3. AGGRAVATED CRUELTY TO ANIMALS IS A FELONY. A DEFENDANT CONVICTED OF
   37  THIS OFFENSE SHALL BE SENTENCED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
   38  ONE OF SECTION 55.10 OF THIS CHAPTER PROVIDED, HOWEVER, THAT ANY TERM OF
   39  IMPRISONMENT IMPOSED FOR VIOLATION OF THIS SECTION SHALL BE  A  DEFINITE
   40  SENTENCE, WHICH MAY NOT EXCEED TWO YEARS.
   41  S 236.04 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
   42    1. FOR PURPOSES OF THIS SECTION:
   43    (A)  "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF A
   44  DOG DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE  OWNER
   45  OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
   46    (B)  "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE LIKELY
   47  TO ADVERSELY AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING  BUT  NOT
   48  LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
   49    (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
   50  INCLEMENT  WEATHER  WITHOUT  READY ACCESS TO, OR THE ABILITY TO ENTER, A
   51  HOUSE, APARTMENT BUILDING,  OFFICE  BUILDING,  OR  ANY  OTHER  PERMANENT
   52  STRUCTURE  THAT  COMPLIES WITH THE STANDARDS ENUMERATED IN PARAGRAPH (B)
   53  OF SUBDIVISION THREE OF THIS SECTION.
   54    2. (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT  IS
   55  LEFT  OUTDOORS  SHALL  PROVIDE IT WITH SHELTER APPROPRIATE TO ITS BREED,
   56  PHYSICAL CONDITION AND THE CLIMATE.  ANY PERSON WHO  KNOWINGLY  VIOLATES
       A. 1659                             5
    1  THE  PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHA-
    2  BLE BY A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN  ONE  HUNDRED
    3  DOLLARS  FOR  A  FIRST  OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED
    4  DOLLARS  NOR MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSE-
    5  QUENT OFFENSES.  BEGINNING SEVENTY-TWO HOURS AFTER A CHARGE OF VIOLATING
    6  THIS SECTION, EACH DAY THAT A DEFENDANT FAILS TO CORRECT  THE  DEFICIEN-
    7  CIES  IN THE DOG SHELTER FOR A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS
    8  OR HER CUSTODY OR CONTROL AND THAT IS LEFT OUTDOORS, SO AS TO  BRING  IT
    9  INTO  COMPLIANCE  WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A
   10  SEPARATE OFFENSE.
   11    (B) THE COURT MAY, IN ITS DISCRETION, REDUCE THE AMOUNT  OF  ANY  FINE
   12  IMPOSED  FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE DEFEND-
   13  ANT PROVES HE OR SHE HAS SPENT PROVIDING A DOG SHELTER OR  REPAIRING  AN
   14  EXISTING  DOG  SHELTER SO THAT IT COMPLIES WITH THE REQUIREMENTS OF THIS
   15  SECTION. NOTHING IN THIS PARAGRAPH SHALL PREVENT THE SEIZURE  OF  A  DOG
   16  FOR  A  VIOLATION  OF  THIS SECTION PURSUANT TO THE AUTHORITY GRANTED IN
   17  THIS ARTICLE.
   18    3. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO
   19  A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE:
   20    (A) FOR DOGS THAT ARE RESTRAINED IN  ANY  MANNER  OUTDOORS,  SHADE  BY
   21  NATURAL  OR  ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT SUNLIGHT AT
   22  ALL TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH  OF
   23  THE DOG.
   24    (B)  FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A HOUS-
   25  ING FACILITY, WHICH MUST: (I) HAVE A WATERPROOF  ROOF;  (II)  BE  STRUC-
   26  TURALLY  SOUND  WITH INSULATION APPROPRIATE TO LOCAL CLIMATIC CONDITIONS
   27  AND SUFFICIENT TO PROTECT THE  DOG  FROM  INCLEMENT  WEATHER;  (III)  BE
   28  CONSTRUCTED  TO  ALLOW  EACH  DOG  ADEQUATE  FREEDOM OF MOVEMENT TO MAKE
   29  NORMAL POSTURAL ADJUSTMENTS, INCLUDING THE ABILITY  TO  STAND  UP,  TURN
   30  AROUND  AND  LIE  DOWN  WITH  ITS LIMBS OUTSTRETCHED; AND (IV) ALLOW FOR
   31  EFFECTIVE REMOVAL OF EXCRETIONS, OTHER WASTE MATERIAL; DIRT  AND  TRASH.
   32  THE  HOUSING  FACILITY  AND THE AREA IMMEDIATELY SURROUNDING IT SHALL BE
   33  REGULARLY CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND  TO
   34  MINIMIZE HEALTH HAZARDS.
   35    4.  INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE HOUS-
   36  ING FACILITY ITSELF, INCLUDING BUT  NOT  LIMITED  TO,  SIZE,  STRUCTURAL
   37  SOUNDNESS,  EVIDENCE  OF CROWDING WITHIN THE HOUSING FACILITY, HEALTHFUL
   38  ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
   39  APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
   40    5. UPON A FINDING OF ANY VIOLATION OF THIS SECTION, ANY  DOG  OR  DOGS
   41  SEIZED  PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE THAT HAVE NOT BEEN
   42  VOLUNTARILY SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED  PURSUANT
   43  TO  COURT  ORDER  SHALL  BE RETURNED TO THE OWNER OR CUSTODIAN ONLY UPON
   44  PROOF THAT APPROPRIATE SHELTER AS REQUIRED  BY  THIS  SECTION  IS  BEING
   45  PROVIDED.
   46    6.   NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT  ANY
   47  PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
   48  OF THIS ARTICLE.
   49  S 236.05 ELECTROCUTION OF FUR-BEARING ANIMALS PROHIBITED.
   50    1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON SHALL  INTEN-
   51  TIONALLY  KILL,  OR  STUN  TO  FACILITATE  THE KILLING OF, A FUR-BEARING
   52  ANIMAL BY MEANS OF AN  ELECTRICAL  CURRENT.  FOR  THE  PURPOSE  OF  THIS
   53  SECTION,  "FUR-BEARING  ANIMAL"  MEANS  ARCTIC FOX, RED FOX, SILVER FOX,
   54  CHINCHILLA, MINK, PINE MARTEN, MUSKRAT, AND  THOSE  FUR-BEARING  ANIMALS
   55  INCLUDED  WITHIN  THE PROVISIONS OF SECTION 11-1907 OF THE ENVIRONMENTAL
   56  CONSERVATION LAW.
       A. 1659                             6
    1    2. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION IS A CLASS A  MISDE-
    2  MEANOR.
    3  S 236.06 SALE OF BABY CHICKS AND BABY RABBITS.
    4    1.  NO  PERSON  SHALL SELL, OFFER FOR SALE, BARTER OR GIVE AWAY LIVING
    5  BABY CHICKS, DUCKLINGS OR OTHER FOWL OR BABY RABBITS UNLESS SUCH  PERSON
    6  PROVIDES  PROPER  BROODER  FACILITIES  WHERE APPROPRIATE FOR THE CARE OF
    7  SUCH BABY CHICKS, DUCKLINGS OR OTHER FOWL OR  BABY  RABBITS  DURING  THE
    8  TIME THEY ARE IN THE POSSESSION OF SUCH PERSON. FOR THE PURPOSES OF THIS
    9  SECTION, A BABY RABBIT SHALL BE A RABBIT OF LESS THAN TWO MONTHS OF AGE.
   10    2. NO PERSON SHALL SELL, OFFER FOR SALE, BARTER OR DISPLAY LIVING BABY
   11  CHICKS,  DUCKLINGS  OR  OTHER FOWL OR BABY RABBITS WHICH HAVE BEEN DYED,
   12  COLORED OR OTHERWISE TREATED SO AS  TO  IMPART  TO  THEM  AN  ARTIFICIAL
   13  COLOR.
   14    2-A.  NO  PROVISION OF SUBDIVISION TWO OF THIS SECTION SHALL BE INTER-
   15  PRETED OR APPLIED TO PREVENT OR RESTRICT TEACHERS AND QUALIFIED INSTRUC-
   16  TORS OF YOUTH UNDER THE GUIDANCE AND SUPERVISION OF THE NEW  YORK  STATE
   17  COOPERATIVE EXTENSION SERVICE FROM USING EGGS FOR NON-PROFIT EDUCATIONAL
   18  PURPOSES  OR  FROM  OBSERVING FOWL HATCHED FROM SUCH EGGS FOR NON-PROFIT
   19  EDUCATIONAL PURPOSES.
   20    3. NO PERSON SHALL SELL, OFFER FOR SALE, BARTER OR  GIVE  AWAY  LIVING
   21  BABY CHICKS, DUCKLINGS OR OTHER FOWL OR BABY RABBITS UNDER TWO MONTHS OF
   22  AGE IN ANY QUANTITY LESS THAN SIX.
   23    4.  A  VIOLATION  OF  THE PROVISIONS OF THIS SECTION IS A MISDEMEANOR,
   24  PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A  FINE  OF
   25  NOT MORE THAN FIVE HUNDRED DOLLARS, OR BY BOTH.
   26  S 236.07 ABANDONMENT OF ANIMALS.
   27    A  PERSON BEING THE OWNER OR POSSESSOR, OR HAVING CHARGE OR CUSTODY OF
   28  AN ANIMAL, WHO ABANDONS SUCH ANIMAL, OR LEAVES IT TO DIE  IN  A  STREET,
   29  ROAD OR PUBLIC PLACE, OR WHO ALLOWS SUCH ANIMAL, IF IT BECOMES DISABLED,
   30  TO  LIE  IN  A PUBLIC STREET, ROAD OR PUBLIC PLACE MORE THAN THREE HOURS
   31  AFTER HE RECEIVES NOTICE THAT IT IS LEFT DISABLED, IS GUILTY OF A MISDE-
   32  MEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR  BY  A
   33  FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
   34  S 236.08 FAILURE  TO  PROVIDE  PROPER  FOOD  AND  DRINK  TO AN IMPOUNDED
   35             ANIMAL.
   36    A PERSON WHO, HAVING IMPOUNDED OR  CONFINED  ANY  ANIMAL,  REFUSES  OR
   37  NEGLECTS  TO  SUPPLY  TO SUCH ANIMAL DURING ITS CONFINEMENT A SUFFICIENT
   38  SUPPLY OF GOOD AND WHOLESOME AIR, FOOD, SHELTER AND WATER, IS GUILTY  OF
   39  A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR
   40  BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH. IN CASE ANY
   41  ANIMAL  SHALL  BE AT ANY TIME IMPOUNDED AS AFORESAID, AND SHALL CONTINUE
   42  TO BE WITHOUT NECESSARY FOOD AND WATER FOR MORE THAN  TWELVE  SUCCESSIVE
   43  HOURS,  IT  SHALL  BE  LAWFUL  FOR ANY PERSON, FROM TIME TO TIME, AND AS
   44  OFTEN AS IT SHALL BE NECESSARY, TO ENTER INTO  AND  UPON  ANY  POUND  IN
   45  WHICH ANY SUCH ANIMAL SHALL BE SO CONFINED, AND TO SUPPLY IT WITH NECES-
   46  SARY FOOD AND WATER, SO LONG AS IT SHALL REMAIN SO CONFINED; SUCH PERSON
   47  SHALL  NOT  BE  LIABLE  TO ANY ACTION FOR SUCH ENTRY, AND THE REASONABLE
   48  COST OF SUCH FOOD AND WATER MAY BE COLLECTED BY HIM OF THE OWNER OF SUCH
   49  ANIMAL, AND THE SAID ANIMAL SHALL NOT BE EXEMPT FROM LEVY AND SALE  UPON
   50  EXECUTION ISSUED UPON A JUDGMENT THEREFOR.
   51  S 236.09 SELLING OR OFFERING TO SELL OR EXPOSING DISEASED ANIMAL.
   52    A PERSON WHO WILFULLY SELLS OR OFFERS TO SELL, USES, EXPOSES, OR CAUS-
   53  ES  OR  PERMITS TO BE SOLD, OFFERED FOR SALE, USED OR EXPOSED, ANY HORSE
   54  OR OTHER ANIMAL HAVING THE DISEASE KNOWN AS GLANDERS OR FARCY, OR  OTHER
   55  CONTAGIOUS  OR  INFECTIOUS  DISEASE  DANGEROUS  TO THE LIFE OR HEALTH OF
   56  HUMAN BEINGS, OR ANIMALS, OR WHICH IS DISEASED  PAST  RECOVERY,  OR  WHO
       A. 1659                             7
    1  REFUSES  UPON DEMAND TO DEPRIVE OF LIFE AN ANIMAL AFFECTED WITH ANY SUCH
    2  DISEASE, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR  NOT
    3  MORE  THAN  ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS
    4  OR BY BOTH.
    5  S 236.10 SELLING DISABLED HORSES.
    6    IT  SHALL  BE  UNLAWFUL FOR ANY PERSON HOLDING AN AUCTIONEER'S LICENSE
    7  KNOWINGLY TO RECEIVE OR OFFER FOR SALE OR TO  SELL  AT  PUBLIC  AUCTION,
    8  OTHER  THAN  AT  A  SHERIFF'S  OR JUDICIAL SALE UNDER A COURT ORDER, ANY
    9  HORSE WHICH BY REASON OF DEBILITY, DISEASE OR LAMENESS, OR FOR ANY OTHER
   10  CAUSE, COULD NOT BE WORKED IN  THIS  STATE  WITHOUT  VIOLATING  THE  LAW
   11  AGAINST  CRUELTY  TO ANIMALS. ANY PERSON VIOLATING ANY PROVISION OF THIS
   12  SECTION SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN FIVE DOLLARS  NOR
   13  MORE  THAN ONE HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN SIX
   14  MONTHS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   15  S 236.11 LIVE ANIMALS AS PRIZES PROHIBITED.
   16    1. FOR THE PURPOSES OF THIS SECTION "LIVESTOCK" SHALL MEAN ANY  DOMES-
   17  TICATED SHEEP, GOAT, HORSE, CATTLE OR SWINE.
   18    2.  NO PERSON SHALL GIVE OR OFFER TO GIVE AWAY AS A PRIZE, OR EXCHANGE
   19  OR OFFER TO EXCHANGE FOR NOMINAL CONSIDERATION, ANY  LIVE  ANIMAL  OTHER
   20  THAN  PUREBRED  LIVESTOCK OR FISH IN ANY GAME, DRAWING, CONTEST, SWEEPS-
   21  TAKES OR OTHER PROMOTION, EXCEPT WHEN ANY LIVE ANIMAL IS GIVEN  AWAY  BY
   22  INDIVIDUALS OR ORGANIZATIONS OPERATING IN CONJUNCTION WITH A COOPERATIVE
   23  EXTENSION  EDUCATION  PROGRAM  OR  AGRICULTURAL VOCATIONAL PROGRAM SANC-
   24  TIONED BY THE STATE EDUCATION DEPARTMENT.
   25    3. THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL PROMULGATE  RULES
   26  AND  REGULATIONS  WHICH  PROVIDE GUIDELINES, CONDITIONS AND REQUIREMENTS
   27  WHEN ANY LIVE ANIMAL IS GIVEN AWAY UNDER THE EXCEPTIONS PROVIDED FOR  IN
   28  SUBDIVISION TWO OF THIS SECTION.
   29    4.  ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
   30  SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS OR
   31  IN LIEU THEREOF SHALL BE GUILTY OF A VIOLATION PUNISHABLE  SOLELY  BY  A
   32  FINE OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS.
   33  S 236.12 CARRYING AN ANIMAL IN A CRUEL MANNER.
   34    1.  A PERSON WHO CARRIES OR CAUSES TO BE CARRIED IN OR UPON ANY VESSEL
   35  OR VEHICLE OR OTHERWISE, ANY ANIMAL IN A CRUEL OR INHUMANE MANNER, OR SO
   36  AS TO PRODUCE TORTURE, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY  IMPRI-
   37  SONMENT  FOR  NOT  MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE
   38  THOUSAND DOLLARS, OR BY BOTH.
   39    2. A RAILWAY CORPORATION, OR AN OWNER, AGENT, CONSIGNEE, OR PERSON  IN
   40  CHARGE  OF ANY HORSES, SHEEP, CATTLE, OR SWINE, IN THE COURSE OF, OR FOR
   41  TRANSPORTATION, WHO CONFINES, OR  CAUSES  OR  SUFFERS  THE  SAME  TO  BE
   42  CONFINED,  IN  CARS  FOR  A  LONGER PERIOD THAN TWENTY-EIGHT CONSECUTIVE
   43  HOURS, OR THIRTY-SIX CONSECUTIVE HOURS WHERE CONSENT  IS  GIVEN  IN  THE
   44  MANNER HEREINAFTER PROVIDED, WITHOUT UNLOADING FOR REST, WATER AND FEED-
   45  ING,  DURING FIVE CONSECUTIVE HOURS, UNLESS PREVENTED BY STORM OR INEVI-
   46  TABLE ACCIDENT, IS GUILTY OF  A  MISDEMEANOR.  THE  CONSENT  WHICH  WILL
   47  EXTEND  THE  PERIOD FROM TWENTY-EIGHT TO THIRTY-SIX HOURS SHALL BE GIVEN
   48  BY THE OWNER, OR BY THE PERSON IN CUSTODY OF A PARTICULAR SHIPMENT, BY A
   49  WRITING SEPARATE AND APART FROM ANY PRINTED  BILL  OF  LADING  OR  OTHER
   50  RAILROAD FORM. IN ESTIMATING SUCH CONFINEMENT, THE TIME DURING WHICH THE
   51  ANIMALS  HAVE BEEN CONFINED WITHOUT REST, ON CONNECTING ROADS FROM WHICH
   52  THEY ARE RECEIVED, MUST BE COMPUTED.
   53  S 236.13 TRANSPORTATION OF HORSES.
   54    1. EVERY VEHICLE UTILIZED FOR THE  TRANSPORTATION  OF  MORE  THAN  SIX
   55  HORSES SHALL MEET THE FOLLOWING REQUIREMENTS:
       A. 1659                             8
    1    A.   THE   INTERIORS   OF  COMPARTMENTS  CONTAINING  HORSES  SHALL  BE
    2  CONSTRUCTED OF SMOOTH MATERIALS, CONTAINING NO SHARP OBJECTS OR  PROTRU-
    3  SIONS WHICH ARE HAZARDOUS;
    4    B.  THE  FLOORS SHALL BE OF SUCH CONSTRUCTION OR COVERED WITH ABRASIVE
    5  MATERIAL SO AS TO PREVENT HORSES FROM SKIDDING OR SLIDING;
    6    C. THERE SHALL BE SUFFICIENT APERTURES TO INSURE ADEQUATE VENTILATION;
    7    D. THERE SHALL BE SUFFICIENT INSULATION OR COVERINGS  TO  MAINTAIN  AN
    8  ADEQUATE TEMPERATURE IN THE COMPARTMENT CONTAINING HORSES;
    9    E.  PARTITIONS OF STURDY CONSTRUCTION SHALL BE PLACED A MAXIMUM OF TEN
   10  FEET APART IN VEHICLES WHICH DO NOT HAVE STALLS;
   11    F. DOORWAYS SHALL BE OF SUFFICIENT HEIGHT TO ALLOW  SAFE  INGRESS  AND
   12  EGRESS OF EACH HORSE CONTAINED IN THE COMPARTMENT;
   13    G. EACH COMPARTMENT CONTAINING HORSES SHALL BE OF SUCH HEIGHT SO AS TO
   14  ALLOW  SUFFICIENT  CLEARANCE ABOVE THE POLL AND WITHERS OF EACH HORSE IN
   15  THE COMPARTMENT;
   16    H. RAMPS SUFFICIENT FOR LOADING AND UNLOADING HORSES SHALL BE PROVIDED
   17  IF THE VERTICAL DISTANCE FROM THE FLOOR OF  THE  COMPARTMENT  CONTAINING
   18  HORSES TO THE GROUND IS GREATER THAN FIFTEEN INCHES; AND
   19    I.  THERE SHALL BE AT LEAST TWO DOORWAYS FOR INGRESS AND EGRESS, WHICH
   20  SHALL NOT BE ON THE SAME SIDE.
   21    2. EVERY VEHICLE UTILIZED FOR THE  TRANSPORTATION  OF  MORE  THAN  SIX
   22  HORSES OVER A HIGHWAY SHALL HAVE NO MORE THAN ONE TIER.
   23    3.  A.  TRANSPORTING  A  HORSE IN VIOLATION OF THIS SECTION SHALL BE A
   24  VIOLATION PUNISHABLE BY A FINE  OF  NOT  MORE  THAN  TWO  HUNDRED  FIFTY
   25  DOLLARS.
   26    B.  ANY  SUBSEQUENT  VIOLATION  OF  THIS SECTION ON A DATE FOLLOWING A
   27  CONVICTION UNDER THE PROVISIONS OF THIS SECTION SHALL BE  A  MISDEMEANOR
   28  PUNISHABLE  BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISON-
   29  MENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
   30    4. THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL PROMULGATE  RULES
   31  AND REGULATIONS, INCLUDING SIZE SPECIFICATIONS, AND ESTABLISH GUIDELINES
   32  IN ORDER TO FACILITATE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   33    5.  A. THE TERM "HORSE" AS USED THROUGHOUT THIS SECTION SHALL APPLY TO
   34  THE ENTIRE FAMILY OF EQUIDAE.
   35    B. THE TERM "VEHICLE" AS USED THROUGHOUT THIS SECTION SHALL  APPLY  TO
   36  EVERY  DEVICE  IN, UPON, OR BY WHICH ANY PERSON OR PROPERTY IS OR MAY BE
   37  TRANSPORTED OR DRAWN UPON A HIGHWAY, EXCEPT DEVICES MOVED BY HUMAN POWER
   38  OR USED EXCLUSIVELY UPON STATIONARY RAILS OR TRACKS.
   39    6. THE COURT IN WHICH  A  CONVICTION  UNDER  THE  PROVISIONS  OF  THIS
   40  SECTION IS OBTAINED, SHALL, WITHIN THIRTY DAYS OF SUCH CONVICTION, TRAN-
   41  SMIT  A  COPY  OF  THE  RECORD OF CONVICTION TO THE DIVISION OF CRIMINAL
   42  JUSTICE SERVICES WHICH SHALL MAINTAIN A RECORD OF  SUCH  CONVICTION  FOR
   43  THE PURPOSE OF IDENTIFYING SUBSEQUENT VIOLATIONS OF THIS SECTION.
   44  S 236.14 POISONING OR ATTEMPTING TO POISON ANIMALS.
   45    A  PERSON  WHO UNJUSTIFIABLY ADMINISTERS ANY POISONOUS OR NOXIOUS DRUG
   46  OR SUBSTANCE TO A  HORSE,  MULE  OR  DOMESTIC  CATTLE  OR  UNJUSTIFIABLY
   47  EXPOSES  ANY  SUCH  DRUG OR SUBSTANCE WITH INTENT THAT THE SAME SHALL BE
   48  TAKEN BY HORSE, MULE OR BY DOMESTIC CATTLE, WHETHER SUCH HORSE, MULE  OR
   49  DOMESTIC  CATTLE  BE  THE PROPERTY OF HIMSELF OR ANOTHER, IS GUILTY OF A
   50  FELONY. A PERSON WHO UNJUSTIFIABLY ADMINISTERS ANY POISONOUS OR  NOXIOUS
   51  DRUG  OR  SUBSTANCE  TO  AN ANIMAL, OTHER THAN A HORSE, MULE OR DOMESTIC
   52  CATTLE, OR UNJUSTIFIABLY EXPOSES ANY SUCH DRUG OR SUBSTANCE WITH  INTENT
   53  THAT  THE  SAME  SHALL BE TAKEN BY AN ANIMAL OTHER THAN A HORSE, MULE OR
   54  DOMESTIC CATTLE, WHETHER SUCH ANIMAL  BE  THE  PROPERTY  OF  HIMSELF  OR
   55  ANOTHER,  IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT
       A. 1659                             9
    1  MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE THOUSAND  DOLLARS,
    2  OR BY BOTH.
    3  S 236.15 INTERFERENCE WITH OR INJURY TO CERTAIN DOMESTIC ANIMALS.
    4    A  PERSON  WHO  WILFULLY  OR  UNJUSTIFIABLY  INTERFERES WITH, INJURES,
    5  DESTROYS OR TAMPERS WITH OR  WHO  WILFULLY  SETS  ON  FOOT,  INSTIGATES,
    6  ENGAGES  IN OR IN ANY WAY FURTHERS ANY ACT BY WHICH ANY HORSE, MULE, DOG
    7  OR ANY OTHER DOMESTIC ANIMAL USED FOR THE PURPOSES OF  RACING,  BREEDING
    8  OR  COMPETITIVE  EXHIBITION  OF  SKILL,  BREED OR STAMINA, IS INTERFERED
    9  WITH, INJURED, DESTROYED OR TAMPERED WITH, OR ANY ACT TENDING TO PRODUCE
   10  SUCH INTERFERENCE, INJURY, DESTRUCTION OR TAMPERING, WHETHER SUCH HORSE,
   11  MULE, DOG OR OTHER DOMESTIC ANIMAL BE THE PROPERTY OF HIMSELF OR  ANOTH-
   12  ER, IS GUILTY OF A FELONY.
   13  S 236.16 THROWING SUBSTANCE INJURIOUS TO ANIMALS IN PUBLIC PLACE.
   14    A PERSON WHO WILFULLY THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN,
   15  DROPPED  OR  PLACED  UPON ANY ROAD, HIGHWAY, STREET OR PUBLIC PLACE, ANY
   16  GLASS, NAILS, PIECES OF METAL, OR OTHER  SUBSTANCE  WHICH  MIGHT  WOUND,
   17  DISABLE  OR  INJURE ANY ANIMAL IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY
   18  IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT  MORE  THAN
   19  ONE THOUSAND DOLLARS, OR BY BOTH.
   20  S 236.17 UNAUTHORIZED  POSSESSION OF DOGS PRESUMPTIVE EVIDENCE OF LARCE-
   21  NY.
   22    THE UNAUTHORIZED POSSESSION OF A DOG OR DOGS, BY ANY  PERSON  NOT  THE
   23  TRUE  OWNER,  FOR  A PERIOD EXCEEDING TEN DAYS, WITHOUT NOTIFYING EITHER
   24  THE OWNER, THE LOCAL POLICE AUTHORITIES, OR THE  SUPERINTENDENT  OF  THE
   25  STATE  POLICE AT ALBANY, NEW YORK, OF SUCH POSSESSION, SHALL BE PRESUMP-
   26  TIVE EVIDENCE OF LARCENY.
   27  S 236.18 RUNNING HORSES ON HIGHWAY.
   28    A PERSON DRIVING ANY VEHICLE UPON ANY PLANK ROAD, TURNPIKE  OR  PUBLIC
   29  HIGHWAY,  WHO  UNJUSTIFIABLY RUNS THE HORSES DRAWING THE SAME, OR CAUSES
   30  OR PERMITS THEM TO RUN, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRI-
   31  SONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE  THAN  FIVE
   32  HUNDRED DOLLARS, OR BY BOTH.
   33  S 236.19 CLIPPING OR CUTTING THE EARS OF DOGS.
   34    1.  WHOEVER CLIPS OR CUTS OFF OR CAUSES OR PROCURES ANOTHER TO CLIP OR
   35  CUT OFF THE WHOLE OR ANY PART OF AN EAR OF ANY DOG UNLESS AN  ANESTHETIC
   36  SHALL  HAVE  BEEN  GIVEN  TO  THE  DOG  AND THE OPERATION PERFORMED BY A
   37  LICENSED VETERINARIAN, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY  IMPRI-
   38  SONMENT FOR NOT MORE THAN ONE YEAR, OR A FINE OF NOT MORE THAN ONE THOU-
   39  SAND DOLLARS, OR BY BOTH.
   40    2.  EACH  APPLICANT  FOR  A DOG LICENSE MUST STATE ON SUCH APPLICATION
   41  WHETHER ANY EAR OF THE DOG FOR WHICH HE APPLIES  FOR  SUCH  LICENSE  HAS
   42  BEEN CUT OFF WHOLLY OR IN PART.
   43    3.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED AS PREVENTING ANY DOG
   44  WHOSE EAR OR EARS SHALL HAVE BEEN CLIPPED OR CUT OFF WHOLLY OR IN  PART,
   45  NOT  IN  VIOLATION  OF  THIS SECTION, FROM BEING IMPORTED INTO THE STATE
   46  EXCLUSIVELY FOR BREEDING PURPOSES.
   47  S 236.20 DOG STEALING.
   48    IT SHALL BE UNLAWFUL FOR ANY PERSON:
   49    1. TO REMOVE OR CAUSE TO BE REMOVED THE COLLAR, IDENTIFICATION TAG  OR
   50  ANY  OTHER IDENTIFICATION BY WHICH THE OWNER MAY BE ASCERTAINED FROM ANY
   51  DOG, CAT OR ANY OTHER DOMESTIC ANIMAL AS DEFINED IN SUBDIVISION SEVEN OF
   52  SECTION ONE HUNDRED EIGHT OF THE AGRICULTURE  AND  MARKETS  LAW,  OR  TO
   53  ENTICE ANY IDENTIFIED DOG, CAT OR OTHER SUCH DOMESTIC ANIMAL INTO OR OUT
   54  OF ANY HOUSE OR ENCLOSURE FOR THE PURPOSE OF REMOVING ITS COLLAR, TAG OR
   55  ANY OTHER IDENTIFICATION, EXCEPT WITH THE OWNER'S PERMISSION;
       A. 1659                            10
    1    2.  TO  ENTICE, SEIZE OR MOLEST ANY DOG, WHILE IT IS BEING HELD OR LED
    2  BY ANY PERSON OR WHILE IT IS PROPERLY MUZZLED OR WEARING A  COLLAR  WITH
    3  AN  IDENTIFICATION  TAG ATTACHED, EXCEPT WHERE SUCH ACTION IS INCIDENTAL
    4  TO THE ENFORCEMENT OF SOME LAW OR REGULATION;
    5    3.  TO  TRANSPORT  ANY  DOG,  NOT  LAWFULLY IN HIS POSSESSION, FOR THE
    6  PURPOSE OF KILLING OR SELLING SUCH DOG.
    7    ANY PERSON VIOLATING ANY OF  THE  PROVISIONS  OF  THIS  SECTION,  UPON
    8  CONVICTION  THEREOF,  SHALL  BE  PUNISHED  BY  A  FINE NOT EXCEEDING TWO
    9  HUNDRED DOLLARS, OR BY IMPRISONMENT NOT TO  EXCEED  SIX  MONTHS,  OR  BY
   10  BOTH.
   11  S 236.21 REMOVING, SEIZING OR TRANSPORTING DOGS FOR RESEARCH PURPOSES.
   12    IT SHALL BE UNLAWFUL FOR ANY PERSON:
   13    1.  TO  REMOVE, SEIZE OR TRANSPORT OR CAUSE TO REMOVE, SEIZE OR TRANS-
   14  PORT ANY DOG WHICH BELONGS TO OR IS LICENSED TO ANOTHER FOR THE  PURPOSE
   15  OF  SALE,  BARTER  OR  TO  GIVE AWAY SAID DOG TO A LABORATORY, HOSPITAL,
   16  RESEARCH INSTITUTE, MEDICAL SCHOOL OR ANY AGENCY OR ORGANIZATION ENGAGED
   17  IN RESEARCH ACTIVITY, WITHOUT THE  EXPRESS  WRITTEN  PERMISSION  OF  THE
   18  OWNER OR LICENSEE.
   19    2.  ANY  PERSON  WHO  VIOLATES  THE  PROVISION  OF  THIS SECTION, UPON
   20  CONVICTION THEREOF, SHALL BE GUILTY OF A MISDEMEANOR, AND IS  PUNISHABLE
   21  BY  A  FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRISONMENT FOR
   22  NOT MORE THAN SIX MONTHS, OR BY BOTH.
   23  S 236.22 LEAVING STATE TO AVOID PROVISIONS OF THIS ARTICLE.
   24    A PERSON WHO LEAVES THIS  STATE  WITH  INTENT  TO  ELUDE  ANY  OF  THE
   25  PROVISIONS  OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE WHICH
   26  IS PROHIBITED BY THEM OR WHO, BEING A RESIDENT OF THIS STATE,  DOES  ANY
   27  ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA-
   28  BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE
   29  IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE.
   30  S 236.23 OPERATING UPON TAILS OF HORSES UNLAWFUL.
   31    1.  ANY  PERSON  WHO CUTS THE BONE, TISSUES, MUSCLES OR TENDONS OF THE
   32  TAIL OF ANY HORSE, MARE OR GELDING, OR OTHERWISE OPERATES UPON IT IN ANY
   33  MANNER FOR THE PURPOSE OR WITH THE EFFECT OF DOCKING, SETTING, OR OTHER-
   34  WISE ALTERING THE NATURAL CARRIAGE OF THE TAIL, OR WHO KNOWINGLY PERMITS
   35  THE SAME TO BE DONE UPON PREMISES OF WHICH  HE  IS  THE  OWNER,  LESSEE,
   36  PROPRIETOR  OR USER, OR WHO ASSISTS IN OR IS VOLUNTARILY PRESENT AT SUCH
   37  CUTTING, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR  NOT
   38  MORE  THAN  ONE YEAR, OR BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS
   39  OR BY BOTH. IF A HORSE IS FOUND  WITH  THE  BONE,  TISSUES,  MUSCLES  OR
   40  TENDONS OF ITS TAIL CUT AS AFORESAID AND WITH THE WOUND RESULTING THERE-
   41  FROM  UNHEALED,  UPON  THE  PREMISES OR IN THE CHARGE AND CUSTODY OF ANY
   42  PERSON, SUCH FACT SHALL BE PRIMA FACIE EVIDENCE OF A VIOLATION  OF  THIS
   43  SECTION  BY THE OWNER OR USER OF SUCH PREMISES OR THE PERSON HAVING SUCH
   44  CHARGE OR CUSTODY, RESPECTIVELY.
   45    2. ANY PERSON WHO SHOWS OR EXHIBITS AT ANY HORSE SHOW  OR  OTHER  LIKE
   46  EXHIBITION IN THIS STATE A HORSE, MARE OR GELDING, THE TAIL OF WHICH HAS
   47  BEEN  CUT  OR OPERATED UPON IN THE MANNER REFERRED TO IN SUBDIVISION ONE
   48  OF THIS SECTION, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY  IMPRISONMENT
   49  FOR  NOT  MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN FIVE HUNDRED
   50  DOLLARS, OR BY BOTH; PROVIDED THAT THE PROVISIONS OF THIS SECTION  SHALL
   51  NOT APPLY WITH RESPECT TO AN ANIMAL THE TAIL OF WHICH HAS BEEN SO CUT OR
   52  OPERATED  UPON,  IF  THE OWNER THEREOF FURNISHES TO THE MANAGER OR OTHER
   53  OFFICIAL HAVING CHARGE OF THE HORSE SHOW OR  EXHIBITION  AT  WHICH  SUCH
   54  ANIMAL  IS  SHOWN  OR EXHIBITED AN AFFIDAVIT BY THE OWNER, OR A LICENSED
   55  VETERINARIAN, IN A FORM APPROVED BY THE DEPARTMENT  OF  AGRICULTURE  AND
   56  MARKETS,  STATING THAT IT WAS SO CUT IN A STATE WHEREIN SUCH CUTTING WAS
       A. 1659                            11
    1  NOT SPECIFICALLY PROHIBITED BY THE LAWS THEREOF. SAID  AFFIDAVIT  SHALL,
    2  TO THE BEST OF AFFIANT'S KNOWLEDGE, INFORMATION AND BELIEF, IDENTIFY THE
    3  ANIMAL  WITH  RESPECT TO SEX, AGE, MARKINGS, SIRE AND DAM, AND STATE THE
    4  TIME AND PLACE OF SUCH CUTTING AND THE NAME AND ADDRESS OF THE PERSON BY
    5  WHOM  PERFORMED.  THE  AFFIDAVIT  SHALL  BE SUBJECT TO INSPECTION AT ALL
    6  REASONABLE TIMES BY ANY PEACE OFFICER, ACTING PURSUANT  TO  HIS  SPECIAL
    7  DUTIES,  OR  POLICE  OFFICER OF THIS STATE, OR BY A DESIGNATED REPRESEN-
    8  TATIVE OF THE COMMISSIONER OF AGRICULTURE  AND  MARKETS.    IN  LIEU  OF
    9  FURNISHING SUCH AFFIDAVIT TO THE MANAGER OR OTHER OFFICIAL HAVING CHARGE
   10  OF SUCH HORSE SHOW OR EXHIBITION, THE OWNER OF SUCH HORSE MAY SPECIFY ON
   11  THE ENTRY BLANK FOR THE HORSE SHOW OR EXHIBITION THE NAME AND ADDRESS OF
   12  A  CENTRAL  REGISTRY  OFFICE DESIGNATED BY THE DEPARTMENT OF AGRICULTURE
   13  AND MARKETS WHERE SUCH AN AFFIDAVIT HAS ALREADY BEEN FILED AND IS AVAIL-
   14  ABLE FOR INSPECTION.
   15  S 236.24 INTERFERENCE WITH OFFICERS.
   16    ANY PERSON WHO SHALL INTERFERE  WITH  OR  OBSTRUCT  ANY  CONSTABLE  OR
   17  POLICE  OFFICER OR ANY OFFICER OR AGENT OF ANY DULY INCORPORATED SOCIETY
   18  FOR THE PREVENTION OF CRUELTY TO ANIMALS IN THE DISCHARGE OF HIS DUTY TO
   19  ENFORCE THE LAWS RELATING TO ANIMALS SHALL BE GUILTY OF  A  MISDEMEANOR,
   20  PUNISHABLE  BY  IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF
   21  NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
   22  S 236.25 PROTECTION OF THE  PUBLIC  FROM  ATTACK  BY  WILD  ANIMALS  AND
   23             REPTILES.
   24    ANY  PERSON  OWNING,  POSSESSING OR HARBORING A WILD ANIMAL OR REPTILE
   25  CAPABLE OF INFLICTING BODILY HARM UPON A HUMAN BEING, WHO SHALL FAIL  TO
   26  EXERCISE  DUE  CARE  IN SAFEGUARDING THE PUBLIC FROM ATTACK BY SUCH WILD
   27  ANIMAL OR REPTILE, IS GUILTY OF A MISDEMEANOR, PUNISHABLE  BY  IMPRISON-
   28  MENT  FOR  NOT  MORE  THAN  ONE YEAR, OR BY A FINE OF NOT MORE THAN FIVE
   29  HUNDRED DOLLARS, OR BY BOTH. "WILD ANIMAL" WITHIN THE  MEANING  OF  THIS
   30  SECTION, SHALL NOT INCLUDE A DOG OR CAT OR OTHER DOMESTIC ANIMAL.
   31    PREVIOUS ATTACKS UPON A HUMAN BEING BY SUCH WILD ANIMAL OR REPTILE, OR
   32  KNOWLEDGE OF THE VICIOUS PROPENSITIES OF SUCH WILD ANIMAL OR REPTILE, ON
   33  THE  PART OF THE POSSESSOR OR HARBORER THEREOF, SHALL NOT BE REQUIRED TO
   34  BE PROVEN BY THE PEOPLE UPON A PROSECUTION HEREUNDER;  AND  NEITHER  THE
   35  FACT  THAT  SUCH  WILD  ANIMAL  OR REPTILE HAS NOT PREVIOUSLY ATTACKED A
   36  HUMAN BEING, NOR LACK OF KNOWLEDGE OF THE VICIOUS PROPENSITIES  OF  SUCH
   37  WILD  ANIMAL  OR REPTILE ON THE PART OF THE OWNER, POSSESSOR OR HARBORER
   38  THEREOF SHALL CONSTITUTE A DEFENSE TO A PROSECUTION HEREUNDER.
   39  S 236.26 POWERS OF PEACE OFFICERS.
   40    A CONSTABLE OR POLICE OFFICER MUST, AND ANY AGENT OR  OFFICER  OF  ANY
   41  DULY  INCORPORATED  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS MAY
   42  ISSUE AN APPEARANCE TICKET PURSUANT TO SECTION 150.20  OF  THE  CRIMINAL
   43  PROCEDURE  LAW, SUMMON OR ARREST, AND BRING BEFORE A COURT OR MAGISTRATE
   44  HAVING JURISDICTION, ANY PERSON OFFENDING AGAINST ANY OF THE  PROVISIONS
   45  OF  THIS  ARTICLE.    ANY  OFFICER OR AGENT OF ANY OF SAID SOCIETIES MAY
   46  LAWFULLY INTERFERE TO PREVENT THE PERPETRATION OF  ANY  ACT  OF  CRUELTY
   47  UPON  ANY  ANIMAL  IN  HIS  PRESENCE. ANY OF SAID SOCIETIES MAY PREFER A
   48  COMPLAINT BEFORE ANY COURT, TRIBUNAL OR MAGISTRATE HAVING  JURISDICTION,
   49  FOR  THE  VIOLATION  OF ANY LAW RELATING TO OR AFFECTING ANIMALS AND MAY
   50  AID IN PRESENTING THE LAW AND  FACTS  BEFORE  SUCH  COURT,  TRIBUNAL  OR
   51  MAGISTRATE IN ANY PROCEEDING TAKEN.
   52  S 236.27 ISSUANCE OF WARRANTS UPON COMPLAINT.
   53    UPON  COMPLAINT UNDER OATH OR AFFIRMATION TO ANY MAGISTRATE AUTHORIZED
   54  TO ISSUE WARRANTS IN CRIMINAL CASES, THAT THE COMPLAINANT HAS  JUST  AND
   55  REASONABLE  CAUSE  TO SUSPECT THAT ANY OF THE PROVISIONS OF LAW RELATING
   56  TO OR IN ANY WAY AFFECTING ANIMALS ARE BEING OR ARE ABOUT TO BE VIOLATED
       A. 1659                            12
    1  IN ANY PARTICULAR BUILDING OR PLACE, SUCH MAGISTRATE  SHALL  IMMEDIATELY
    2  ISSUE  AND  DELIVER  A  WARRANT  TO ANY PERSON AUTHORIZED BY LAW TO MAKE
    3  ARRESTS FOR SUCH OFFENSES, AUTHORIZING HIM  TO  ENTER  AND  SEARCH  SUCH
    4  BUILDING  OR PLACE, AND TO ARREST ANY PERSON THERE PRESENT FOUND VIOLAT-
    5  ING ANY OF SAID LAWS, AND TO BRING SUCH PERSON BEFORE THE NEAREST MAGIS-
    6  TRATE OF COMPETENT JURISDICTION, TO BE DEALT WITH ACCORDING TO LAW.
    7  S 236.28 SEIZURE  OF  ANIMALS  LOST,  STRAYED,  HOMELESS,  ABANDONED  OR
    8             IMPROPERLY CONFINED OR KEPT.
    9    1.  ANY POLICE OFFICER OR AGENT OR OFFICER OF THE AMERICAN SOCIETY FOR
   10  THE PREVENTION OF CRUELTY TO ANIMALS OR ANY  DULY  INCORPORATED  SOCIETY
   11  FOR  THE  PREVENTION OF CRUELTY TO ANIMALS, MAY LAWFULLY TAKE POSSESSION
   12  OF ANY LOST, STRAYED, HOMELESS OR ABANDONED ANIMAL FOUND IN ANY  STREET,
   13  ROAD OR OTHER PUBLIC PLACE.
   14    1-A.  ANY  POLICE OFFICER IN LEWIS COUNTY MAY LAWFULLY TAKE POSSESSION
   15  OF ANY LOST, STRAYED, HOMELESS OR ABANDONED DOMESTIC ANIMAL, AS  DEFINED
   16  IN  SECTION  ONE HUNDRED EIGHT OF THE AGRICULTURE AND MARKETS LAW, FOUND
   17  IN ANY STREET, ROAD OR OTHER PUBLIC PLACE.
   18    2. ANY SUCH POLICE OFFICER OR AGENT OR OFFICER MAY ALSO LAWFULLY  TAKE
   19  POSSESSION  OF  ANY  ANIMAL IN OR UPON ANY PREMISES OTHER THAN A STREET,
   20  ROAD OR OTHER PUBLIC PLACE, WHICH FOR MORE THAN TWELVE SUCCESSIVE  HOURS
   21  HAS  BEEN  CONFINED  OR  KEPT  IN A CROWDED OR UNHEALTHY CONDITION OR IN
   22  UNHEALTHFUL OR UNSANITARY SURROUNDINGS OR  NOT  PROPERLY  CARED  FOR  OR
   23  WITHOUT  NECESSARY  SUSTENANCE, FOOD OR DRINK, PROVIDED THAT A COMPLAINT
   24  STATING JUST AND REASONABLE GROUNDS IS MADE UNDER OATH OR AFFIRMATION TO
   25  ANY MAGISTRATE AUTHORIZED TO ISSUE WARRANTS IN CRIMINAL CASES, AND  THAT
   26  SUCH  WARRANT  AUTHORIZING  ENTRY  AND SEARCH IS ISSUED AND DELIVERED BY
   27  SUCH MAGISTRATE; IF JUST AND REASONABLE CAUSE IS SHOWN,  THE  MAGISTRATE
   28  SHALL IMMEDIATELY ISSUE SUCH WARRANT.
   29    3.  ANY SUCH POLICE OFFICER OR AGENT OR OFFICER MAY ALSO LAWFULLY TAKE
   30  POSSESSION OF ANY UNWANTED ANIMAL  FROM  THE  PERSON  IN  POSSESSION  OR
   31  CUSTODY THEREOF.
   32    4.  WHEN ANY PERSON ARRESTED IS, AT THE TIME OF SUCH ARREST, IN CHARGE
   33  OF ANY ANIMAL OR OF ANY VEHICLE DRAWN BY OR CONTAINING ANY  ANIMAL,  ANY
   34  AGENT  OR OFFICER OF SAID SOCIETY OR SOCIETIES OR ANY POLICE OFFICER MAY
   35  TAKE CHARGE OF SUCH ANIMAL AND OF SUCH VEHICLE  AND  ITS  CONTENTS,  AND
   36  DEPOSIT  THE  SAME  IN A SAFE PLACE OR CUSTODY, OR DELIVER THE SAME INTO
   37  THE POSSESSION OF THE POLICE OR SHERIFF OF THE COUNTY OR  PLACE  WHEREIN
   38  SUCH  ARREST  WAS  MADE, WHO SHALL THEREUPON ASSUME THE CUSTODY THEREOF;
   39  AND ALL NECESSARY EXPENSES INCURRED IN TAKING CHARGE  OF  SUCH  PROPERTY
   40  SHALL BE A CHARGE THEREON.
   41    5.  NOTHING  HEREIN  CONTAINED  SHALL  RESTRICT  THE RIGHTS AND POWERS
   42  DERIVED FROM SECTION  ONE  HUNDRED  SEVENTEEN  OF  THE  AGRICULTURE  AND
   43  MARKETS  LAW  RELATING TO SEIZURE OF UNLICENSED DOGS AND THE DISPOSITION
   44  TO BE MADE OF ANIMALS SO SEIZED OR TAKEN, NOR  THOSE  DERIVED  FROM  ANY
   45  OTHER  GENERAL OR SPECIAL LAW RELATING TO THE SEIZURE OR OTHER TAKING OF
   46  DOGS AND OTHER ANIMALS BY A SOCIETY FOR THE  PREVENTION  OF  CRUELTY  TO
   47  ANIMALS.
   48    6. A. IF ANY ANIMAL IS SEIZED AND IMPOUNDED PURSUANT TO THE PROVISIONS
   49  OF  THIS  SECTION OR SECTION 236.30 OF THIS ARTICLE FOR ANY VIOLATION OF
   50  THIS ARTICLE, UPON ARRAIGNMENT OF CHARGES THE DULY INCORPORATED  SOCIETY
   51  FOR  THE PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND, ANIMAL
   52  SHELTER OR ANY AUTHORIZED AGENTS THEREOF, HEREINAFTER  REFERRED  TO  FOR
   53  THE  PURPOSES OF THIS SECTION AS THE "IMPOUNDING ORGANIZATION", MAY FILE
   54  A PETITION WITH THE COURT REQUESTING THAT THE PERSON FROM WHOM AN ANIMAL
   55  IS SEIZED OR THE OWNER OF THE ANIMAL BE ORDERED TO POST A SECURITY.  THE
   56  SECURITY  SHALL  BE  IN  AN  AMOUNT SUFFICIENT TO SECURE PAYMENT FOR ALL
       A. 1659                            13
    1  REASONABLE EXPENSES EXPECTED TO BE INCURRED BY THE IMPOUNDING  ORGANIZA-
    2  TION  IN  CARING AND PROVIDING FOR THE ANIMAL PENDING DISPOSITION OF THE
    3  CHARGES.   REASONABLE EXPENSES SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,
    4  ESTIMATED  MEDICAL  CARE  AND BOARDING OF THE ANIMAL FOR AT LEAST THIRTY
    5  DAYS. THE AMOUNT OF THE SECURITY, IF ANY, SHALL  BE  DETERMINED  BY  THE
    6  COURT AFTER TAKING INTO CONSIDERATION ALL OF THE FACTS AND CIRCUMSTANCES
    7  OF  THE  CASE  INCLUDING,  BUT  NOT LIMITED TO THE RECOMMENDATION OF THE
    8  IMPOUNDING ORGANIZATION HAVING CUSTODY AND CARE OF THE SEIZED ANIMAL AND
    9  THE COST OF CARING FOR THE ANIMAL. IF A  SECURITY  HAS  BEEN  POSTED  IN
   10  ACCORDANCE  WITH THIS SECTION, THE IMPOUNDING ORGANIZATION MAY DRAW FROM
   11  THE SECURITY THE ACTUAL REASONABLE COSTS TO BE INCURRED BY  SUCH  ORGAN-
   12  IZATION IN CARING FOR THE SEIZED ANIMAL.
   13    B.  (I)  UPON  RECEIPT  OF  A PETITION PURSUANT TO PARAGRAPH A OF THIS
   14  SUBDIVISION THE COURT  SHALL  SET  A  HEARING  ON  THE  PETITION  TO  BE
   15  CONDUCTED  WITHIN  TEN BUSINESS DAYS OF THE FILING OF SUCH PETITION. THE
   16  PETITIONER SHALL SERVE A TRUE COPY OF THE PETITION  UPON  THE  DEFENDANT
   17  AND  THE  DISTRICT ATTORNEY. THE PETITIONER SHALL ALSO SERVE A TRUE COPY
   18  OF THE PETITION ON ANY INTERESTED PERSON. FOR PURPOSES OF THIS  SUBDIVI-
   19  SION,  INTERESTED  PERSON  SHALL  MEAN AN INDIVIDUAL, PARTNERSHIP, FIRM,
   20  JOINT STOCK COMPANY, CORPORATION, ASSOCIATION, TRUST,  ESTATE  OR  OTHER
   21  LEGAL  ENTITY  WHO THE COURT DETERMINES MAY HAVE A PECUNIARY INTEREST IN
   22  THE ANIMAL WHICH IS THE SUBJECT OF THE PETITION.  THE  PETITIONER  SHALL
   23  HAVE  THE  BURDEN OF PROVING BY A PREPONDERANCE OF THE EVIDENCE THAT THE
   24  PERSON FROM WHOM THE ANIMAL WAS SEIZED  VIOLATED  A  PROVISION  OF  THIS
   25  ARTICLE. THE COURT MAY WAIVE FOR GOOD CAUSE SHOWN THE POSTING OF SECURI-
   26  TY.
   27    (II) IF THE COURT ORDERS THE POSTING OF A SECURITY, THE SECURITY SHALL
   28  BE  POSTED  WITH THE CLERK OF THE COURT WITHIN FIVE BUSINESS DAYS OF THE
   29  HEARING PROVIDED FOR IN SUBPARAGRAPH (I) OF THIS  PARAGRAPH.  THE  COURT
   30  MAY  ORDER THE IMMEDIATE FORFEITURE OF THE SEIZED ANIMAL TO THE IMPOUND-
   31  ING ORGANIZATION IF THE PERSON ORDERED TO POST THE SECURITY FAILS TO  DO
   32  SO.    ANY  ANIMAL  FORFEITED  SHALL  BE  MADE AVAILABLE FOR ADOPTION OR
   33  EUTHANIZED SUBJECT TO SUBDIVISION SEVEN-A OF SECTION ONE HUNDRED  SEVEN-
   34  TEEN  OF THE AGRICULTURE AND MARKETS LAW OR SECTION 236.29 OF THIS ARTI-
   35  CLE.
   36    (III) IN THE CASE OF AN ANIMAL OTHER THAN A COMPANION ANIMAL  OR  PET,
   37  IF  A  PERSON ORDERED TO POST SECURITY FAILS TO DO SO, THE COURT MAY, IN
   38  ADDITION TO THE FORFEITURE  TO  A  DULY  INCORPORATED  SOCIETY  FOR  THE
   39  PREVENTION  OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND, ANIMAL SHELTER
   40  OR ANY AUTHORIZED AGENTS THEREOF, AND SUBJECT  TO  THE  RESTRICTIONS  OF
   41  SECTIONS  236.06,  236.09  AND  236.29 OF THIS ARTICLE, ORDER THE ANIMAL
   42  WHICH WAS THE BASIS OF THE ORDER TO BE SOLD, PROVIDED  THAT  ALL  INTER-
   43  ESTED  PERSONS  SHALL  FIRST BE PROVIDED THE OPPORTUNITY TO REDEEM THEIR
   44  INTEREST IN THE ANIMAL AND  TO  PURCHASE  THE  INTEREST  OF  THE  PERSON
   45  ORDERED  TO POST SECURITY, SUBJECT TO SUCH CONDITIONS AS THE COURT DEEMS
   46  APPROPRIATE TO ASSURE PROPER CARE AND TREATMENT OF THE ANIMAL. THE COURT
   47  MAY REIMBURSE THE PERSON ORDERED TO POST  SECURITY  AND  ANY  INTERESTED
   48  PERSONS  ANY  MONEY  EARNED  BY  THE  SALE  OF THE ANIMAL LESS ANY COSTS
   49  INCLUDING, BUT NOT LIMITED TO, VETERINARY AND CUSTODIAL CARE. ANY ANIMAL
   50  DETERMINED BY THE COURT TO BE MAIMED, DISEASED, DISABLED OR INFIRM SO AS
   51  TO BE UNFIT FOR SALE OR ANY USEFUL PURPOSE SHALL BE FORFEITED TO A  DULY
   52  INCORPORATED  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR A DULY
   53  INCORPORATED HUMANE SOCIETY OR AUTHORIZED AGENTS THEREOF, AND BE  AVAIL-
   54  ABLE  FOR  ADOPTION  OR SHALL BE EUTHANIZED SUBJECT TO SECTION 236.29 OF
   55  THIS ARTICLE.
       A. 1659                            14
    1    (IV) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT  OR  RESTRICT
    2  IN  ANY  WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY INTEREST IN
    3  ANY ANIMAL DESCRIBED IN THIS SECTION. THIS SECTION  EXPRESSLY  DOES  NOT
    4  IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
    5  RITY  INTEREST  IN  THE  ANIMAL OR IN THE PROCEEDS FROM THE SALE OF SUCH
    6  ANIMAL.
    7    C. IN NO EVENT SHALL THE SECURITY PREVENT THE IMPOUNDING  ORGANIZATION
    8  HAVING  CUSTODY  AND  CARE  OF  THE  ANIMAL FROM DISPOSING OF THE ANIMAL
    9  PURSUANT TO SECTION 236.29 OF THIS ARTICLE PRIOR TO  THE  EXPIRATION  OF
   10  THE  THIRTY  DAY  PERIOD  COVERED  BY  THE SECURITY IF THE COURT MAKES A
   11  DETERMINATION OF THE CHARGES AGAINST THE PERSON FROM WHOM THE ANIMAL WAS
   12  SEIZED PRIOR THERETO. UPON RECEIPT OF A  PETITION  FROM  THE  IMPOUNDING
   13  ORGANIZATION,  THE  COURT  MAY ORDER THE PERSON FROM WHOM THE ANIMAL WAS
   14  SEIZED OR THE OWNER OF THE ANIMAL TO POST AN  ADDITIONAL  SECURITY  WITH
   15  THE  CLERK  OF THE COURT TO SECURE PAYMENT OF REASONABLE EXPENSES FOR AN
   16  ADDITIONAL PERIOD OF TIME PENDING A DETERMINATION BY THE  COURT  OF  THE
   17  CHARGES  AGAINST  THE PERSON FROM WHOM THE ANIMAL WAS SEIZED. THE PERSON
   18  WHO POSTED THE SECURITY SHALL BE ENTITLED TO A REFUND OF THE SECURITY IN
   19  WHOLE OR PART FOR ANY EXPENSES NOT INCURRED BY SUCH IMPOUNDING ORGANIZA-
   20  TION UPON ADJUDICATION OF THE CHARGES. THE PERSON WHO POSTED THE SECURI-
   21  TY SHALL BE ENTITLED  TO  A  FULL  REFUND  OF  THE  SECURITY,  INCLUDING
   22  REIMBURSEMENT  BY  THE  IMPOUNDING ORGANIZATION OF ANY AMOUNT ALLOWED BY
   23  THE COURT TO BE EXPENDED, AND  THE  RETURN  OF  THE  ANIMAL  SEIZED  AND
   24  IMPOUNDED  UPON  ACQUITTAL OR DISMISSAL OF THE CHARGES, EXCEPT WHERE THE
   25  DISMISSAL IS BASED UPON AN ADJOURNMENT  IN  CONTEMPLATION  OF  DISMISSAL
   26  PURSUANT  TO  SECTION  215.30  OF  THE CRIMINAL PROCEDURE LAW. THE COURT
   27  ORDER DIRECTING SUCH REFUND AND REIMBURSEMENT SHALL PROVIDE FOR  PAYMENT
   28  TO  BE  MADE WITHIN A REASONABLE TIME FROM THE ACQUITTAL OR DISMISSAL OF
   29  CHARGES.
   30    7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE  CONTRA-
   31  RY,  THE  COURT  MAY  ORDER  A PERSON CHARGED WITH ANY VIOLATION OF THIS
   32  ARTICLE TO PROVIDE NECESSARY FOOD,  WATER,  SHELTER  AND  CARE  FOR  ANY
   33  ANIMAL  WHICH  IS  THE  BASIS  OF THE CHARGE, WITHOUT THE REMOVAL OF THE
   34  ANIMAL FROM ITS EXISTING LOCATION, UNTIL THE CHARGES AGAINST THE  PERSON
   35  ARE  ADJUDICATED.    UNTIL A FINAL DETERMINATION OF THE CHARGES IS MADE,
   36  ANY LAW ENFORCEMENT OFFICER, OFFICER OF A DULY INCORPORATED SOCIETY  FOR
   37  THE  PREVENTION  OF CRUELTY TO ANIMALS, OR ITS AUTHORIZED AGENTS, MAY BE
   38  AUTHORIZED BY AN ORDER OF THE COURT TO MAKE REGULAR VISITS TO WHERE  THE
   39  ANIMAL  IS  BEING KEPT TO ASCERTAIN IF THE ANIMAL IS RECEIVING NECESSARY
   40  FOOD, WATER, SHELTER AND CARE. NOTHING SHALL PREVENT ANY LAW ENFORCEMENT
   41  OFFICER, OFFICER OF A DULY INCORPORATED SOCIETY FOR  THE  PREVENTION  OF
   42  CRUELTY  TO  ANIMALS,  OR  ITS  AUTHORIZED  AGENTS,  FROM APPLYING FOR A
   43  WARRANT PURSUANT TO THIS SECTION TO SEIZE ANY ANIMAL BEING HELD  BY  THE
   44  PERSON  CHARGED  PENDING THE ADJUDICATION OF THE CHARGES IF IT IS DETER-
   45  MINED THAT THE ANIMAL IS NOT RECEIVING THE NECESSARY FOOD, WATER,  SHEL-
   46  TER OR CARE.
   47  S 236.29 HUMANE  DESTRUCTION  OR  OTHER  DISPOSITION  OF  ANIMALS  LOST,
   48             STRAYED, HOMELESS, ABANDONED OR IMPROPERLY CONFINED OR KEPT.
   49    1. ANY AGENT OR OFFICER OF THE AMERICAN SOCIETY FOR THE PREVENTION  OF
   50  CRUELTY  TO  ANIMALS,  OR  OF  ANY  SOCIETY  DULY  INCORPORATED FOR THAT
   51  PURPOSE, OR ANY POLICE OFFICER, MAY LAWFULLY  AND  HUMANELY  DESTROY  OR
   52  CAUSE  TO BE HUMANELY DESTROYED ANY ANIMAL FOUND ABANDONED AND NOT PROP-
   53  ERLY CARED FOR, OR ANY LOST, STRAYED, HOMELESS OR  UNWANTED  ANIMAL,  IF
   54  UPON EXAMINATION A LICENSED VETERINARY SURGEON SHALL CERTIFY IN WRITING,
   55  OR IF TWO REPUTABLE CITIZENS CALLED BY HIM TO VIEW THE SAME IN HIS PRES-
   56  ENCE FIND THAT THE ANIMAL IS SO MAIMED, DISEASED, DISABLED, OR INFIRM SO
       A. 1659                            15
    1  AS  TO  BE  UNFIT FOR ANY USEFUL PURPOSE; OR AFTER SUCH AGENT OR OFFICER
    2  HAS OBTAINED IN WRITING FROM THE OWNER OF SUCH  ANIMAL  HIS  CONSENT  TO
    3  SUCH DESTRUCTION.
    4    2. IN THE ABSENCE OF SUCH FINDINGS OR CERTIFICATE THE AMERICAN SOCIETY
    5  FOR  THE  PREVENTION  OF CRUELTY TO ANIMALS OR ANY SOCIETY DULY INCORPO-
    6  RATED FOR THAT PURPOSE MAY AFTER FIVE DAYS HUMANELY DESTROY  ANY  ANIMAL
    7  OF  WHICH  POSSESSION IS TAKEN AS PROVIDED FOR IN SECTION 236.28 OF THIS
    8  SECTION, UNLESS THE SAME IS EARLIER REDEEMED BY ITS OWNER.
    9    2-A. THE USE OF A DECOMPRESSION CHAMBER OR DECOMPRESSION DEVICE OF ANY
   10  KIND IS HEREBY DECLARED TO BE INHUMANE WHEN  USED  FOR  THE  PURPOSE  OF
   11  DESTROYING AN ANIMAL AND IS HEREBY PROHIBITED.
   12    2-B.  NO  PERSON SHALL EUTHANIZE ANY DOG OR CAT WITH T-61, CURARE, ANY
   13  CURARIFORM DRUG, ANY NEURO-MUSCULAR BLOCKING AGENT OR ANY OTHER PARALYZ-
   14  ING DRUG.
   15    2-C. NO PERSON SHALL EUTHANIZE A DOG OR CAT BY GUNSHOT  EXCEPT  AS  AN
   16  EMERGENCY PROCEDURE FOR A DANGEROUS DOG OR A SEVERELY INJURED DOG OR CAT
   17  THAT IS SUFFERING AND CANNOT OTHERWISE BE AIDED.
   18    2-D.  NO  PERSON  SHALL EUTHANIZE A DOG OR CAT BY GAS EMITTED FROM ANY
   19  ENGINE EXHAUST SYSTEM.
   20    2-E. NO PERSON SHALL RELEASE ANY  DOG  OR  CAT  FROM  THE  CUSTODY  OR
   21  CONTROL  OF ANY POUND, SHELTER, SOCIETY FOR THE PREVENTION OF CRUELTY TO
   22  ANIMALS, HUMANE SOCIETY, DOG PROTECTIVE ASSOCIATION, DOG  CONTROL  OFFI-
   23  CER, PEACE OFFICER OR ANY AGENT THEREOF, FOR ANY PURPOSE EXCEPT ADOPTION
   24  OR REDEMPTION BY ITS OWNER.
   25    ANY  VIOLATION OF THIS SUBDIVISION, OR SUBDIVISION TWO-A, TWO-B, TWO-C
   26  OR TWO-D OF THIS SECTION SHALL CONSTITUTE A  MISDEMEANOR  AND  SHALL  BE
   27  PUNISHABLE  BY  IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF
   28  NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
   29    3. IN LIEU OF SUCH DESTRUCTION OR REDEMPTION, SUCH SOCIETY MAY IN  ITS
   30  DISCRETION  LAWFULLY  AND  WITHOUT  LIABILITY  DELIVER  SUCH  ANIMAL FOR
   31  ADOPTION TO AN INDIVIDUAL OTHER  THAN  THE  OWNER  AFTER  THE  TIME  FOR
   32  REDEMPTION HAS EXPIRED.
   33    4.  PRIOR  TO  SUCH DESTRUCTION OR OTHER DISPOSITION, THE OWNER OF THE
   34  ANIMAL MAY REDEEM THE SAME UPON PROVING TITLE  TO  THE  SATISFACTION  OF
   35  SUCH  SOCIETY  AND PAYING SUCH SOCIETY SUCH AMOUNT, APPROVED BY A MAGIS-
   36  TRATE,  AS  MAY  HAVE  BEEN  REASONABLY  EXPENDED  BY  SUCH  SOCIETY  IN
   37  CONNECTION WITH THE CARE AND MAINTENANCE THEREOF.
   38    5.  A.  IN  ADDITION  TO  ANY  OTHER  PENALTY  PROVIDED  BY  LAW, UPON
   39  CONVICTION FOR ANY VIOLATION OF SECTION 236.01, 236.02, 236.03,  236.04,
   40  236.07,  236.08,  236.12, 236.14, 236.15, 236.19 OR 236.23 OF THIS ARTI-
   41  CLE, THE CONVICTED PERSON MAY, AFTER A DULY  HELD  HEARING  PURSUANT  TO
   42  PARAGRAPH  F OF THIS SUBDIVISION, BE ORDERED BY THE COURT TO FORFEIT, TO
   43  A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS  OR
   44  A  DULY  INCORPORATED  HUMANE  SOCIETY OR AUTHORIZED AGENTS THEREOF, THE
   45  ANIMAL OR ANIMALS WHICH ARE THE BASIS OF THE CONVICTION.  UPON  SUCH  AN
   46  ORDER OF FORFEITURE, THE CONVICTED PERSON SHALL BE DEEMED TO HAVE RELIN-
   47  QUISHED ALL RIGHTS TO THE ANIMALS WHICH ARE THE BASIS OF THE CONVICTION,
   48  EXCEPT THOSE GRANTED IN PARAGRAPH D OF THIS SUBDIVISION.
   49    B.  PURSUANT TO THE PROVISIONS OF SUBDIVISIONS TWO-A, TWO-B, TWO-C AND
   50  TWO-D OF THIS SECTION, NO DOG OR CAT IN THE CUSTODY OF A  DULY  INCORPO-
   51  RATED  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPO-
   52  RATED HUMANE SOCIETY OR ITS AUTHORIZED AGENTS THEREOF,  OR  A  POUND  OR
   53  SHELTER,  SHALL  BE SOLD, TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY
   54  PERSON FOR THE PURPOSE  OF  RESEARCH,  EXPERIMENTATION  OR  TESTING.  NO
   55  AUTHORIZED  AGENT  OF  A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF
   56  CRUELTY TO ANIMALS, NOR OF A DULY INCORPORATED HUMANE SOCIETY, SHALL USE
       A. 1659                            16
    1  ANY ANIMAL PLACED IN ITS CUSTODY BY THE DULY  INCORPORATED  SOCIETY  FOR
    2  THE PREVENTION OF CRUELTY TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY
    3  FOR THE PURPOSE OF RESEARCH, EXPERIMENTATION OR TESTING.
    4    C.  THE  COURT MAY ADDITIONALLY ORDER THAT THE CONVICTED PERSON OR ANY
    5  PERSON DWELLING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR ABETTED IN
    6  THE UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO  KNEW  OR
    7  SHOULD  HAVE  KNOWN  OF THE UNLAWFUL ACT, SHALL NOT OWN, HARBOR, OR HAVE
    8  CUSTODY OR CONTROL OF ANY OTHER ANIMALS, OTHER THAN FARM ANIMALS, FOR  A
    9  PERIOD OF TIME WHICH THE COURT DEEMS REASONABLE.
   10    D.  IN  THE  CASE  OF  FARM ANIMALS, THE COURT MAY, IN ADDITION TO THE
   11  FORFEITURE TO A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF  CRUELTY
   12  TO  ANIMALS  OR  A DULY INCORPORATED HUMANE SOCIETY OR AUTHORIZED AGENTS
   13  THEREOF, AND SUBJECT TO THE RESTRICTIONS OF SECTIONS 236.06  AND  236.09
   14  OF  THIS  ARTICLE,  ORDER  THE  FARM ANIMALS WHICH WERE THE BASIS OF THE
   15  CONVICTION TO BE SOLD. IN NO CASE SHALL FARM ANIMALS WHICH ARE THE BASIS
   16  OF THE CONVICTION BE REDEEMED BY THE CONVICTED PERSON WHO IS THE SUBJECT
   17  OF THE ORDER OF FORFEITURE OR BY ANY PERSON DWELLING IN THE SAME  HOUSE-
   18  HOLD  WHO  CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE
   19  BASIS OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE  UNLAW-
   20  FUL  ACT.  THE  COURT  SHALL REIMBURSE THE CONVICTED PERSON AND ANY DULY
   21  DETERMINED INTERESTED PERSONS, PURSUANT TO PARAGRAPH F OF THIS  SUBDIVI-
   22  SION,  ANY  MONEY  EARNED BY THE SALE OF THE FARM ANIMALS LESS ANY COSTS
   23  INCLUDING, BUT NOT LIMITED TO, VETERINARY AND CUSTODIAL  CARE,  AND  ANY
   24  FINES  OR  PENALTIES  IMPOSED BY THE COURT. THE COURT MAY ORDER THAT THE
   25  SUBJECT ANIMALS BE PROVIDED WITH APPROPRIATE CARE AND TREATMENT  PENDING
   26  THE  HEARING AND THE DISPOSITION OF THE CHARGES. ANY FARM ANIMAL ORDERED
   27  FORFEITED BUT NOT SOLD SHALL BE REMANDED TO THE CUSTODY AND CHARGE OF  A
   28  DULY  INCORPORATED  SOCIETY  FOR THE PREVENTION OF CRUELTY TO ANIMALS OR
   29  DULY INCORPORATED HUMANE SOCIETY OR ITS  AUTHORIZED  AGENT  THEREOF  AND
   30  DISPOSED OF PURSUANT TO PARAGRAPH E OF THIS SUBDIVISION.
   31    E.  A  DULY  INCORPORATED  SOCIETY  FOR  THE  PREVENTION OF CRUELTY TO
   32  ANIMALS OR A DULY INCORPORATED  HUMANE  SOCIETY  IN  CHARGE  OF  ANIMALS
   33  FORFEITED  PURSUANT  TO  PARAGRAPH  A  OF  THIS  SUBDIVISION MAY, IN ITS
   34  DISCRETION, LAWFULLY AND WITHOUT LIABILITY, ADOPT  THEM  TO  INDIVIDUALS
   35  OTHER THAN THE CONVICTED PERSON OR PERSON DWELLING IN THE SAME HOUSEHOLD
   36  WHO  CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE BASIS
   37  OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACT,
   38  OR HUMANELY DISPOSE OF THEM ACCORDING TO THE PROVISIONS OF  SUBDIVISIONS
   39  TWO-A, TWO-B, TWO-C, AND TWO-D OF THIS SECTION.
   40    F.  (I)  PRIOR  TO  AN  ORDER OF FORFEITURE OF FARM ANIMALS, A HEARING
   41  SHALL BE HELD WITHIN THIRTY DAYS OF CONVICTION, TO DETERMINE THE PECUNI-
   42  ARY INTERESTS OF ANY OTHER PERSON IN THE FARM  ANIMALS  WHICH  WERE  THE
   43  BASIS  OF  THE  CONVICTION. WRITTEN NOTICE SHALL BE SERVED AT LEAST FIVE
   44  DAYS PRIOR TO THE HEARING UPON  ALL  INTERESTED  PERSONS.  IN  ADDITION,
   45  NOTICE  SHALL BE MADE BY PUBLICATION IN A LOCAL NEWSPAPER AT LEAST SEVEN
   46  DAYS PRIOR TO THE HEARING. FOR THE PURPOSES OF THIS SUBDIVISION,  INTER-
   47  ESTED  PERSONS SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, FIRM, JOINT STOCK
   48  COMPANY, CORPORATION, ASSOCIATION, TRUST, ESTATE, OR OTHER LEGAL  ENTITY
   49  WHO  THE  COURT  DETERMINES  MAY  HAVE  A PECUNIARY INTEREST IN THE FARM
   50  ANIMALS WHICH ARE THE SUBJECT OF THE FORFEITURE ACTION.
   51    (II) ALL INTERESTED PERSONS SHALL BE PROVIDED AN  OPPORTUNITY  AT  THE
   52  HEARING  TO  REDEEM  THEIR  INTEREST  AS  DETERMINED BY THE COURT IN THE
   53  SUBJECT FARM ANIMALS AND TO  PURCHASE  THE  INTEREST  OF  THE  CONVICTED
   54  PERSON.  THE  CONVICTED  PERSON  SHALL  BE ENTITLED TO BE REIMBURSED HIS
   55  INTEREST IN THE FARM ANIMALS, LESS ANY COSTS, FINES OR PENALTIES IMPOSED
   56  BY THE COURT, AS SPECIFIED UNDER PARAGRAPH D OF THIS SUBDIVISION. IN  NO
       A. 1659                            17
    1  CASE  SHALL  THE  COURT  AWARD  CUSTODY OR CONTROL OF THE ANIMALS TO ANY
    2  INTERESTED PERSON WHO CONSPIRED, AIDED OR ABETTED IN  THE  UNLAWFUL  ACT
    3  WHICH  WAS THE BASIS OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN
    4  OF THE UNLAWFUL ACT.
    5    G.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT IN
    6  ANY WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY INTEREST IN  ANY
    7  FARM  ANIMAL DESCRIBED IN THIS SECTION.  THIS SECTION EXPRESSLY DOES NOT
    8  IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
    9  RITY INTEREST IN FARM ANIMALS OR IN THE PROCEEDS FROM THE SALE  OF  SUCH
   10  FARM ANIMALS.
   11  S 236.30 OFFICER  MAY  TAKE  POSSESSION OF ANIMALS OR IMPLEMENTS USED IN
   12             FIGHTS AMONG ANIMALS.
   13    ANY OFFICER AUTHORIZED BY  LAW  TO  MAKE  ARRESTS  MAY  LAWFULLY  TAKE
   14  POSSESSION  OF  ANY  ANIMALS,  OR  IMPLEMENTS, OR OTHER PROPERTY USED OR
   15  EMPLOYED, OR ABOUT TO BE USED OR  EMPLOYED,  IN  THE  VIOLATION  OF  ANY
   16  PROVISION OF LAW RELATING TO FIGHTS AMONG ANIMALS. HE SHALL STATE TO THE
   17  PERSON IN CHARGE THEREOF, AT THE TIME OF SUCH TAKING, HIS NAME AND RESI-
   18  DENCE,  AND  ALSO,  THE TIME AND PLACE AT WHICH THE APPLICATION PROVIDED
   19  FOR BY SECTION 236.31 OF THIS ARTICLE WILL BE MADE.
   20  S 236.31 DISPOSITION OF ANIMALS  OR  IMPLEMENTS  USED  IN  FIGHTS  AMONG
   21             ANIMALS.
   22    THE  OFFICER,  AFTER TAKING POSSESSION OF SUCH ANIMALS, OR IMPLEMENTS,
   23  OR OTHER PROPERTY, PURSUANT TO SECTION 236.30  OF  THIS  ARTICLE,  SHALL
   24  APPLY TO THE MAGISTRATE BEFORE WHOM COMPLAINT IS MADE AGAINST THE OFFEN-
   25  DER  VIOLATING  SUCH  PROVISION OF LAW, FOR THE ORDER AUTHORIZED BY THIS
   26  SECTION, AND SHALL MAKE AND FILE  AN  AFFIDAVIT  WITH  SUCH  MAGISTRATE,
   27  STATING  THEREIN THE NAME OF THE OFFENDER CHARGED IN SUCH COMPLAINT, THE
   28  TIME, PLACE AND DESCRIPTION OF THE ANIMALS, IMPLEMENTS OR OTHER PROPERTY
   29  SO TAKEN, TOGETHER WITH THE NAME OF THE PARTY WHO CLAIMS  THE  SAME,  IF
   30  KNOWN,  AND  THAT  THE  AFFIANT  HAS REASON TO BELIEVE AND DOES BELIEVE,
   31  STATING THE GROUNDS OF SUCH BELIEF, THAT THE SAME WERE USED OR EMPLOYED,
   32  OR WERE ABOUT TO BE USED OR EMPLOYED, IN SUCH VIOLATION, AND WILL ESTAB-
   33  LISH THE TRUTH THEREOF UPON THE TRIAL OF SUCH OFFENDER.  HE  SHALL  THEN
   34  DELIVER SUCH ANIMALS, IMPLEMENTS, OR OTHER PROPERTY, TO SUCH MAGISTRATE,
   35  WHO  SHALL THEREUPON, BY ORDER IN WRITING, PLACE THE SAME IN THE CUSTODY
   36  OF AN OFFICER OR OTHER PROPER PERSON IN SUCH ORDER NAMED AND DESIGNATED,
   37  TO BE BY HIM KEPT UNTIL THE TRIAL OR FINAL DISCHARGE  OF  THE  OFFENDER,
   38  AND  SHALL  SEND  A  COPY  OF SUCH ORDER, WITHOUT DELAY, TO THE DISTRICT
   39  ATTORNEY OF THE COUNTY. THE OFFICER OR PERSON SO NAMED AND DESIGNATED IN
   40  SUCH ORDER, SHALL IMMEDIATELY THEREUPON ASSUME SUCH CUSTODY,  AND  SHALL
   41  RETAIN  THE SAME FOR THE PURPOSE OF EVIDENCE UPON SUCH TRIAL, SUBJECT TO
   42  THE ORDER OF THE COURT BEFORE WHICH SUCH OFFENDER  MAY  BE  REQUIRED  TO
   43  APPEAR,  UNTIL HIS FINAL DISCHARGE OR CONVICTION. UPON THE CONVICTION OF
   44  SUCH OFFENDER, THE ANIMALS, IMPLEMENTS,  OR  OTHER  PROPERTY,  SHALL  BE
   45  ADJUDGED  BY THE COURT TO BE FORFEITED. IN THE EVENT OF THE ACQUITTAL OR
   46  FINAL DISCHARGE, WITHOUT CONVICTION, OF SUCH OFFENDER, SUCH COURT SHALL,
   47  ON DEMAND, DIRECT THE DELIVERY OF THE PROPERTY SO HELD IN CUSTODY TO THE
   48  OWNER THEREOF.
   49  S 236.32 DISPOSAL OF DEAD ANIMALS.
   50    1. THE CARCASSES OF LARGE DOMESTIC ANIMALS, INCLUDING BUT NOT  LIMITED
   51  TO  HORSES,  COWS, SHEEP, SWINE, GOATS AND MULES, WHICH HAVE DIED OTHER-
   52  WISE THAN BY SLAUGHTER, SHALL BE BURIED AT LEAST THREE  FEET  BELOW  THE
   53  SURFACE  OF  THE GROUND OR OTHERWISE DISPOSED OF IN A SANITARY MANNER BY
   54  THE OWNER OF SUCH ANIMALS, WHETHER THE  CARCASSES  ARE  LOCATED  ON  THE
   55  PREMISES  OF  SUCH  OWNER OR ELSEWHERE. SUCH DISPOSAL SHALL BE COMPLETED
   56  WITHIN SEVENTY-TWO HOURS AFTER THE OWNER IS DIRECTED TO  DO  SO  BY  ANY
       A. 1659                            18
    1  PEACE OFFICER, ACTING PURSUANT TO HIS SPECIAL DUTIES, POLICE OFFICER, OR
    2  BY  A  DESIGNATED  REPRESENTATIVE OF THE COMMISSIONER OF AGRICULTURE AND
    3  MARKETS.
    4    2.  NOTWITHSTANDING  SECTION  FORTY-ONE OF THE AGRICULTURE AND MARKETS
    5  LAW, ANY VIOLATION OF THIS SECTION SHALL CONSTITUTE  A  VIOLATION.  THIS
    6  SECTION  SHALL  NOT  APPLY  TO ANIMAL CARCASSES USED FOR EXPERIMENTAL OR
    7  TEACHING PURPOSES.
    8  S 236.33 SPAYING AND NEUTERING OF DOGS AND CATS.
    9    1. THE LEGISLATURE FINDS THAT THE UNCONTROLLED BREEDING  OF  DOGS  AND
   10  CATS  IN  THE  STATE RESULTS IN AN OVERABUNDANCE OF PUPPIES AND KITTENS.
   11  MORE PUPPIES AND KITTENS ARE PRODUCED THAN RESPONSIBLE  HOMES  FOR  THEM
   12  CAN  BE  PROVIDED. THIS LEADS TO MANY OF SUCH ANIMALS BECOMING STRAY AND
   13  SUFFERING PRIVATION AND DEATH, BEING IMPOUNDED AND  DESTROYED  AT  GREAT
   14  EXPENSE  TO  THE COMMUNITY AND CONSTITUTING A PUBLIC NUISANCE AND HEALTH
   15  HAZARD. IT IS THEREFORE DECLARED TO BE THE PUBLIC POLICY OF  THIS  STATE
   16  THAT  EVERY FEASIBLE HUMANE MEANS OF REDUCING THE PRODUCTION OF UNWANTED
   17  PUPPIES AND KITTENS BE ENCOURAGED.
   18    2. NO ANIMAL SHELTER, POUND, DOG CONTROL OFFICER, HUMANE SOCIETY,  DOG
   19  OR  CAT  PROTECTIVE  ASSOCIATION,  OR  DULY INCORPORATED SOCIETY FOR THE
   20  PREVENTION OF CRUELTY TO ANIMALS  SHALL  RELEASE  ANY  DOG  OR  CAT  FOR
   21  ADOPTION TO ANY PERSON UNLESS PRIOR THERETO:
   22    (A) THE DOG OR CAT HAS BEEN SPAYED OR NEUTERED; OR
   23    (B) THE PERSON INTENDING TO ADOPT THE DOG OR CAT SHALL HAVE EXECUTED A
   24  WRITTEN  AGREEMENT  WITH THE ANIMAL SHELTER, POUND, DOG CONTROL OFFICER,
   25  HUMANE SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION, OR DULY  INCORPORATED
   26  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, TO HAVE THE DOG OR CAT
   27  SPAYED  OR NEUTERED WITHIN THIRTY DAYS FROM THE ADOPTION DATE, OR IN THE
   28  CASE OF A DOG OR CAT WHICH HAS NOT YET REACHED  SEXUAL  MATURITY  WITHIN
   29  THIRTY  DAYS  OF  THE  DOG OR CAT REACHING SIX MONTHS OF AGE. THE PERSON
   30  INTENDING TO ADOPT THE DOG OR CAT SHALL DEPOSIT WITH THE ANIMAL SHELTER,
   31  POUND, DOG CONTROL OFFICER, HUMANE SOCIETY, DOG OR CAT PROTECTIVE  ASSO-
   32  CIATION,  OR  DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO
   33  ANIMALS, AN AMOUNT OF NOT LESS THAN THIRTY-FIVE DOLLARS.  NOT MORE  THAN
   34  EVERY  TWO  YEARS,  THE  COMMISSIONER  OF AGRICULTURE AND MARKETS, AFTER
   35  HOLDING A PUBLIC HEARING, MAY  RAISE  THE  AMOUNT  TO  BE  DEPOSITED  TO
   36  REFLECT RISING COSTS; OR
   37    (C) THE PERSON INTENDING TO ADOPT THE DOG OR CAT SHALL HAVE EXECUTED A
   38  WRITTEN  AGREEMENT  WITH THE ANIMAL SHELTER, POUND, DOG CONTROL OFFICER,
   39  HUMANE SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION  OR  SOCIETY  FOR  THE
   40  PREVENTION  OF  CRUELTY  TO  ANIMALS  TO  HAVE  THE DOG OR CAT SPAYED OR
   41  NEUTERED WITHIN THIRTY DAYS FROM THE ADOPTION DATE, OR IN THE CASE OF  A
   42  DOG OR CAT WHICH HAS NOT YET REACHED SEXUAL MATURITY, WITHIN THIRTY DAYS
   43  OF  THE  DOG  OR CAT REACHING SIX MONTHS OF AGE. THE PERSON INTENDING TO
   44  ADOPT THE DOG OR CAT SHALL HAVE PAID AN ADOPTION FEE WHICH INCLUDES  THE
   45  COST  OF  THE  SPAY  OR  NEUTER  PROCEDURE.  THE WRITTEN AGREEMENT SHALL
   46  REQUIRE THAT THE ANIMAL SHELTER,  POUND,  DOG  CONTROL  OFFICER,  HUMANE
   47  SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION OR SOCIETY FOR THE PREVENTION
   48  OF CRUELTY TO ANIMALS FROM WHICH THE DOG OR CAT IS ADOPTED BEAR THE COST
   49  OF THE SPAY OR NEUTER PROCEDURE.
   50    3. FOR THE PURPOSES OF THIS SECTION, THE AGE OF THE ANIMAL AT THE TIME
   51  OF  ADOPTION  SHALL  BE  DETERMINED  BY  THE  ANIMAL SHELTER, POUND, DOG
   52  CONTROL OFFICER, HUMANE SOCIETY, DOG OR CAT PROTECTIVE  ASSOCIATION,  OR
   53  DULY  INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS THAT
   54  RELEASES THE ANIMAL FOR ADOPTION AND SUCH AGE SHALL BE  CLEARLY  WRITTEN
   55  ON THE WRITTEN AGREEMENT BY THE ANIMAL SHELTER, POUND, DOG CONTROL OFFI-
   56  CER, HUMANE SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION, OR DULY INCORPO-
       A. 1659                            19
    1  RATED  SOCIETY  FOR  THE  PREVENTION OF CRUELTY TO ANIMALS, PRIOR TO THE
    2  AGREEMENT BEING EXECUTED BY THE PERSON ADOPTING THE ANIMAL.
    3    4.  ANY DEPOSIT COLLECTED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO
    4  OF  THIS  SECTION  THAT  IS  NOT  CLAIMED  WITHIN  NINETY  DAYS  OF  ITS
    5  COLLECTION,  OR IF THE DEPOSIT IS FOR AN ANIMAL UNDER SIX MONTHS OF AGE,
    6  WITHIN SIXTY DAYS AFTER THE ANIMAL HAS REACHED SIX MONTHS OF AGE,  SHALL
    7  BE  DEPOSITED IN THE ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT
    8  TO SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
    9    DEPOSITS COLLECTED PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION  TWO  OF
   10  THIS  SECTION  SHALL BE REFUNDED TO THE ADOPTER UPON PRESENTATION TO THE
   11  ANIMAL SHELTER, POUND, DOG CONTROL OFFICER, HUMANE SOCIETY, DOG AND  CAT
   12  PROTECTIVE  ASSOCIATION, OR DULY INCORPORATED SOCIETY FOR THE PREVENTION
   13  OF CRUELTY TO ANIMALS OF WRITTEN DOCUMENTATION FROM A LICENSED VETERINA-
   14  RIAN THAT THE DOG OR CAT HAS BEEN SPAYED OR NEUTERED, PROVIDED THAT  THE
   15  ANIMAL  HAS  BEEN  SPAYED  OR  NEUTERED WITHIN THE TIME SPECIFIED IN THE
   16  WRITTEN AGREEMENT, OR THAT BECAUSE OF OLD AGE OR OTHER  HEALTH  REASONS,
   17  AS  CERTIFIED BY A LICENSED VETERINARIAN EXAMINING THE DOG OR CAT, SPAY-
   18  ING OR NEUTERING WOULD ENDANGER THE ANIMAL'S LIFE.
   19    5. NOTHING CONTAINED IN THIS SECTION SHALL  PREVENT  ANY  TOWN,  CITY,
   20  VILLAGE  OR  COUNTY IN THIS STATE FROM ENACTING A LOCAL LAW OR ORDINANCE
   21  REQUIRING THAT ANIMAL SHELTERS, POUNDS,  DOG  CONTROL  OFFICERS,  HUMANE
   22  SOCIETIES,  DOG  OR  CAT  PROTECTIVE  ASSOCIATIONS AND DULY INCORPORATED
   23  SOCIETIES FOR THE PREVENTION OF CRUELTY TO  ANIMALS  WITHIN  SUCH  TOWN,
   24  CITY,  VILLAGE OR COUNTY SPAY OR NEUTER DOGS AND CATS PRIOR TO RELEASING
   25  SUCH ANIMALS FOR ADOPTION, PROVIDED THAT SUCH LOCAL LAW OR ORDINANCE MAY
   26  REQUIRE SPAYING OR NEUTERING AT AN AGE EARLIER, BUT IN  NO  EVENT  LATER
   27  THAN THAT REQUIRED IN THIS SECTION, EXCEPT WHERE BECAUSE OF ADVANCED AGE
   28  OR OTHER HEALTH REASONS, AS CERTIFIED BY A LICENSED VETERINARIAN WHO HAS
   29  EXAMINED THE DOG OR CAT, SPAYING OR NEUTERING WOULD ENDANGER THE LIFE OF
   30  THE  ANIMAL.  A  TOWN, CITY, VILLAGE OR COUNTY IN THIS STATE THAT ENACTS
   31  SUCH A LOCAL LAW OR ORDINANCE SHALL BE EXEMPT  FROM  THE  PROVISIONS  OF
   32  THIS SECTION.
   33  S 236.34 UNLAWFUL TAMPERING WITH ANIMAL RESEARCH.
   34    1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
   35  SHALL HAVE THE FOLLOWING MEANINGS:
   36    (A) "INFECTIOUS AGENTS" SHALL BE LIMITED TO THOSE ORGANISMS THAT CAUSE
   37  SERIOUS PHYSICAL INJURY OR DEATH TO HUMANS.
   38    (B) "ANIMAL" MEANS ANY WARM OR COLD-BLOODED ANIMAL OR INSECT WHICH  IS
   39  BEING  USED IN FOOD OR FIBER PRODUCTION, AGRICULTURE, RESEARCH, TESTING,
   40  OR EDUCATION, HOWEVER, SHALL NOT INCLUDE ANY ANIMAL HELD PRIMARILY AS  A
   41  PET.
   42    (C)  "FACILITY"  MEANS  ANY  BUILDING, STRUCTURE, LABORATORY, VEHICLE,
   43  PASTURE, PADDOCK, POND, IMPOUNDMENT OR  PREMISES  WHERE  ANY  SCIENTIFIC
   44  RESEARCH,  TEST,  EXPERIMENT,  PRODUCTION,  EDUCATION,  OR INVESTIGATION
   45  INVOLVING THE USE OF ANY ANIMAL IS CARRIED OUT, CONDUCTED  OR  ATTEMPTED
   46  OR  WHERE RECORDS OR DOCUMENTS RELATING TO AN ANIMAL OR ANIMAL RESEARCH,
   47  TESTS, EXPERIMENTS, PRODUCTION, EDUCATION  OR  INVESTIGATION  ARE  MAIN-
   48  TAINED.
   49    (D)  "RELEASE"  MEANS  TO INTENTIONALLY SET FREE FROM ANY FACILITY ANY
   50  ANIMAL WITHOUT ANY RIGHT, TITLE, OR CLAIM THERETO.
   51    (E) "ABANDONMENT" MEANS THE INTENTIONAL RELINQUISHMENT OR FORSAKING OF
   52  POSSESSION OR CONTROL OF ANY ANIMAL RELEASED FROM A FACILITY.
   53    (F) "PERSON" MEANS ANY INDIVIDUAL,  FIRM,  ORGANIZATION,  PARTNERSHIP,
   54  ASSOCIATION OR CORPORATION.
   55    (G) "SECRET SCIENTIFIC MATERIAL" MEANS A SAMPLE, CULTURE, MICRO-ORGAN-
   56  ISM,  SPECIMEN,  RECORD, RECORDING, DOCUMENT, DRAWING OR ANY OTHER ARTI-
       A. 1659                            20
    1  CLE,  MATERIAL,  DEVICE  OR  SUBSTANCE  WHICH  CONSTITUTES,  REPRESENTS,
    2  EVIDENCES,  REFLECTS,  OR  RECORDS  A  SCIENTIFIC  OR TECHNICAL PROCESS,
    3  INVENTION OR FORMULA OR ANY PART OR PHASE THEREOF WHICH IS STORED, TEST-
    4  ED,  STUDIED  OR  EXAMINED  IN  ANY  FACILITY, AND WHICH IS NOT, AND NOT
    5  INTENDED TO BE, AVAILABLE TO ANYONE OTHER THAN  THE  PERSON  OR  PERSONS
    6  RIGHTFULLY IN POSSESSION THEREOF OR SELECTED PERSONS HAVING ACCESS THER-
    7  ETO  WITH  HIS  OR THEIR CONSENT, AND WHEN IT ACCORDS OR MAY ACCORD SUCH
    8  RIGHTFUL POSSESSORS AN ADVANTAGE OVER COMPETITORS OR OTHER  PERSONS  WHO
    9  DO NOT HAVE KNOWLEDGE OR THE BENEFIT THEREOF.
   10    (H)  "NOTICE"  MEANS  TO  PROVIDE INFORMATION IN SUCH DETAIL TO MAKE A
   11  REASONABLE PERSON AWARE OF THE PRESENCE  IN  A  FACILITY  OF  INFECTIOUS
   12  AGENTS OR SECRET SCIENTIFIC MATERIAL.
   13    2. NOTICE. ANY PERSON WHO, AFTER NOTICE HAS BEEN GIVEN BY:
   14    (A) ACTUAL NOTICE IN WRITING OR ORALLY TO THE PERSON; OR
   15    (B) PROMINENTLY POSTING WRITTEN NOTICE UPON OR IMMEDIATELY ADJACENT TO
   16  THE FACILITY; OR
   17    (C) NOTICE THAT IS ANNOUNCED UPON ENTRY TO THE FACILITY BY ANY PERSON:
   18    (I)  KNOWINGLY  OR INTENTIONALLY RELEASES AN ANIMAL FROM A FACILITY OR
   19  CAUSES THE ABANDONMENT OF AN ANIMAL KNOWING THAT SUCH ANIMAL WAS EXPOSED
   20  TO INFECTIOUS AGENTS PRIOR TO SUCH RELEASE OR ABANDONMENT AND WAS  CAPA-
   21  BLE OF TRANSMITTING SUCH INFECTIOUS AGENTS TO HUMANS; OR
   22    (II)  WITH INTENT TO DO SO, CAUSES LOSS OR DAMAGE TO SECRET SCIENTIFIC
   23  MATERIAL, AND HAVING NO RIGHT TO DO SO  NOR  ANY  REASONABLE  GROUND  TO
   24  BELIEVE  THAT  HE HAS SUCH RIGHT, CAUSES LOSS OF OR DAMAGE TO ANY SECRET
   25  SCIENTIFIC MATERIAL IN AN AMOUNT IN EXCESS OF TWO HUNDRED FIFTY  DOLLARS
   26  AT  A  FACILITY,  SHALL  BE  GUILTY  OF  UNLAWFUL  TAMPERING WITH ANIMAL
   27  RESEARCH. UNLAWFUL TAMPERING WITH ANIMAL RESEARCH IS A CLASS E FELONY.
   28    3. PRIVATE RIGHT OF ACTION. ANY PERSON WHO VIOLATES ANY  PROVISION  OF
   29  THIS  SECTION  SHALL  BE  LIABLE IN ANY COURT OF COMPETENT JURISDICTION,
   30  INCLUDING SMALL CLAIMS COURT, IN AN AMOUNT EQUAL TO:
   31    (A) DAMAGES SUSTAINED AS A RESULT OF SUCH VIOLATION OR FIFTY  DOLLARS,
   32  WHICHEVER IS GREATER, FOR EACH VIOLATION;
   33    (B) SUCH ADDITIONAL PUNITIVE DAMAGES AS THE COURT MAY ALLOW;
   34    (C) ATTORNEY'S FEES AND COSTS; AND
   35    (D) COST OF DUPLICATING ANY EXPERIMENT WHICH WAS DAMAGED BY THE UNLAW-
   36  FUL TAMPERING WITH ANIMAL RESEARCH, IF APPLICABLE.
   37    IN ANY ACTION BROUGHT BY ANY PERSON TO ENFORCE THIS SECTION, THE COURT
   38  MAY,  SUBJECT  TO  ITS  JURISDICTION, ISSUE AN INJUNCTION TO RESTRAIN OR
   39  PREVENT ANY VIOLATION OF THIS SECTION OR ANY  CONTINUANCE  OF  ANY  SUCH
   40  VIOLATION.
   41  S 236.35 PROHIBITION OF THE SELLING OF FUR, HAIR, SKIN OR FLESH OF A DOG
   42             OR CAT.
   43    1.  IT  SHALL  BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP OR CORPO-
   44  RATION TO KNOWINGLY IMPORT, SELL, OFFER FOR SALE, MANUFACTURE,  DISTRIB-
   45  UTE,  TRANSPORT  OR  OTHERWISE MARKET OR TRADE IN THE FUR, HAIR, SKIN OR
   46  FLESH OF A DOMESTICATED  DOG  (CANIS  FAMILIARIS)  OR  DOMESTICATED  CAT
   47  (FELIS  CATUS  OR  DOMESTICUS),  WHETHER DOMESTICALLY RAISED OR IMPORTED
   48  FROM ANOTHER COUNTRY, OR ANY PRODUCT OR ITEM CONTAINING OR COMPRISED  OF
   49  THE  FUR,  HAIR, SKIN OR FLESH OF A DOG OR CAT.  AS USED IN THIS SECTION
   50  THE TERM "DOMESTICATED DOG OR CAT" SHALL  NOT  MEAN  OR  INCLUDE  COYOTE
   51  (RANIS  LATRANS),  FOX  (VULPES  VOLPES,  VULPES CINEREOARGENTEUS), LYNX
   52  (FELIS LYNX) OR BOBCAT (FELIS RUFUS).
   53    2. MANUFACTURERS OR SUPPLIERS  SHALL  PROVIDE  CERTIFICATION  TO  EACH
   54  RETAILER  THAT  ANY  FUR, HAIR, SKIN OR FLESH CONTAINED IN SUCH ITEMS IS
   55  NOT DERIVED FROM DOMESTICATED DOG OR DOMESTICATED CAT.
       A. 1659                            21
    1    3. THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL MAINTAIN A STAND-
    2  ARD FOR THE CERTIFICATION REQUIRED BY THE PROVISIONS OF SUBDIVISION  TWO
    3  OF THIS SECTION.
    4    4.  A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY
    5  OF UP TO ONE THOUSAND DOLLARS FOR AN INDIVIDUAL AND UP TO FIVE  THOUSAND
    6  DOLLARS  FOR  A  CORPORATION  FOR  THE  FIRST  VIOLATION. ANY SUBSEQUENT
    7  VIOLATION SHALL BE PUNISHABLE BY A CIVIL PENALTY OF  UP  TO  TWENTY-FIVE
    8  THOUSAND DOLLARS.
    9    5.  ANY  CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION OF LAW ARE
   10  PAYABLE TO THE ANIMAL POPULATION CONTROL FUND  ESTABLISHED  PURSUANT  TO
   11  SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
   12    6.  (A) NO PROVISION OF THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
   13  INTERFERE WITH ANY PROPERLY CONDUCTED SCIENTIFIC TESTS,  EXPERIMENTS  OR
   14  INVESTIGATIONS  INVOLVING  THE USE OF DOG OR CAT FUR OR FLESH, PERFORMED
   15  OR CONDUCTED IN LABORATORIES OR INSTITUTIONS,  WHICH  ARE  APPROVED  FOR
   16  THESE  PURPOSES  BY  THE STATE COMMISSIONER OF HEALTH IN ACCORDANCE WITH
   17  SECTION 236.02 OF THIS ARTICLE.
   18    (B) NO PROVISION OF THIS SECTION SHALL BE CONSTRUED  TO  PROHIBIT  ANY
   19  PERSON, FIRM, PARTNERSHIP OR CORPORATION FROM IMPORTING, SELLING, OFFER-
   20  ING  FOR  SALE,  MANUFACTURING, DISTRIBUTING, TRANSPORTING, OR OTHERWISE
   21  MARKETING OR TRADING IN THE FUR, HAIR, SKIN, OR FLESH OF A  DOMESTICATED
   22  DOG  OR CAT FOR THE PURPOSES OF CONDUCTING SCIENTIFIC TESTS, EXPERIMENTS
   23  OR INVESTIGATIONS THAT ARE TO BE PERFORMED OR CONDUCTED IN  LABORATORIES
   24  OR  INSTITUTIONS,  WHICH  ARE APPROVED FOR THESE PURPOSES BY THE COMMIS-
   25  SIONER OF HEALTH IN ACCORDANCE WITH SECTION 236.02 OF THIS ARTICLE.
   26  S 236.36 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES;  EXTREME  TEMPER-
   27             ATURES.
   28    1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN
   29  EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM
   30  SUCH  EXTREME  TEMPERATURES  WHERE SUCH CONFINEMENT PLACES THE COMPANION
   31  ANIMAL IN IMMINENT DANGER OF DEATH OR SERIOUS  PHYSICAL  INJURY  DUE  TO
   32  EXPOSURE TO SUCH EXTREME HEAT OR COLD.
   33    2.  WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED, A
   34  POLICE OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF  A
   35  DULY  INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE THE
   36  ANIMAL OR ANIMALS FROM THE VEHICLE.
   37    3. POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS  AGENTS
   38  OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM
   39  A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN
   40  THE  VEHICLE,  BEARING THE NAME OF THE OFFICER OR AGENT, AND THE DEPART-
   41  MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
   42    4. AN ANIMAL OR ANIMALS  REMOVED  FROM  A  VEHICLE  PURSUANT  TO  THIS
   43  SECTION  SHALL,  AFTER  RECEIPT  OF  ANY  NECESSARY EMERGENCY VETERINARY
   44  TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI-
   45  ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE-
   46  OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
   47    5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE
   48  OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE  OF
   49  NOT  LESS  THAN  FIFTY  DOLLARS  NOR MORE THAN ONE HUNDRED DOLLARS FOR A
   50  FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR  MORE
   51  THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES.
   52    6. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS
   53  TAKEN  REASONABLY  AND  IN  GOOD FAITH IN CARRYING OUT THE PROVISIONS OF
   54  THIS SECTION.
       A. 1659                            22
    1    7. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT  ANY
    2  OTHER   PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY  OTHER
    3  PROVISIONS OF THIS ARTICLE.
    4  S 236.37. COMPANION ANIMAL GROOMING FACILITIES; PROHIBITED PRACTICES.
    5    1. AS USED IN THIS SECTION:
    6    (A) "CAGE AND BOX DRYER" MEANS A PRODUCT THAT IS ATTACHED TO OR NEAR A
    7  CAGE  OR  BOX  FOR  THE  PURPOSE  OF DRYING OR AIDING IN THE DRYING OF A
    8  COMPANION ANIMAL CONTAINED IN A CAGE OR BOX, AND  WHICH  IS  CAPABLE  OF
    9  FUNCTIONING WITHOUT A PERSON MANUALLY HOLDING A DRYER.
   10    (B)  "COMPANION ANIMAL GROOMING FACILITY" MEANS AN ESTABLISHMENT WHERE
   11  A COMPANION ANIMAL MAY BE BATHED, BRUSHED, CLIPPED OR STYLED FOR A FEE.
   12    2. NO PERSON SHALL USE A CAGE OR BOX DRYER WHICH  CONTAINS  A  HEATING
   13  ELEMENT  WITH THE HEATING ELEMENT TURNED ON FOR THE PURPOSE OF DRYING OR
   14  AIDING IN THE DRYING OF A COMPANION ANIMAL.
   15    3. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL-
   16  TY OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED
   17  DOLLARS FOR EACH VIOLATION.
   18    4. NOTHING CONTAINED IN THIS SECTION SHALL LIMIT OR ABROGATE ANY CLAIM
   19  OR CAUSE OF ACTION ANY PERSON MAY HAVE UNDER COMMON LAW OR  BY  STATUTE.
   20  THE  PROVISIONS  OF THIS SECTION SHALL BE IN ADDITION TO ANY SUCH COMMON
   21  LAW AND STATUTORY REMEDIES.
   22    S 2. Article 26 of the agriculture and markets law is REPEALED.
   23    S 3. Paragraph (a) of subdivision 24 of section 108 of the agriculture
   24  and markets law, as amended by chapter 392  of  the  laws  of  2004,  is
   25  amended to read as follows:
   26    (a)  "Dangerous  dog"  means  any  dog which (i) without justification
   27  attacks a person, companion animal as defined  in  subdivision  five  of
   28  section  [three  hundred fifty of this chapter] 236.00 OF THE PENAL LAW,
   29  farm animal as defined in subdivision four  of  section  [three  hundred
   30  fifty  of  this  chapter]  236.00 OF THE PENAL LAW or domestic animal as
   31  defined in subdivision seven of this section and causes physical  injury
   32  or  death,  or  (ii) behaves in a manner which a reasonable person would
   33  believe poses a serious and unjustified imminent threat of serious phys-
   34  ical injury or death to one or more  persons,  companion  animals,  farm
   35  animals  or  domestic  animals  or (iii) without justification attacks a
   36  service dog, guide dog or hearing dog  and  causes  physical  injury  or
   37  death.
   38    S  4. Paragraph (b) of subdivision 2 of section 123 of the agriculture
   39  and markets law, as amended by section 18 of part T of chapter 59 of the
   40  laws of 2010, is amended to read as follows:
   41    (b) secure, humane confinement of the dog for a period of time and  in
   42  a  manner  deemed  appropriate  by  the  court but in all instances in a
   43  manner designed to: (1) prevent escape  of  the  dog,  (2)  protect  the
   44  public  from  unauthorized  contact with the dog, and (3) to protect the
   45  dog from the elements pursuant to section [three  hundred  fifty-three-b
   46  of  this  chapter]  236.04 OF THE PENAL LAW.  Such confinement shall not
   47  include lengthy periods of tying or chaining;
   48    S 5. Subparagraph 2 of paragraph  (f)  of  subdivision  1  of  section
   49  530.12  of  the  criminal  procedure law, as added by chapter 253 of the
   50  laws of 2006, is amended to read as follows:
   51    2. "Companion animal", as used in this section, shall  have  the  same
   52  meaning  as  in  subdivision five of section [three hundred fifty of the
   53  agriculture and markets] 236.00 OF THE PENAL law.
   54    S 6. Subparagraph 2 of paragraph (c) of subdivision 1 and subparagraph
   55  2 of paragraph (c) of subdivision 4 of section 530.13  of  the  criminal
       A. 1659                            23
    1  procedure  law, as added by chapter 253 of the laws of 2006, are amended
    2  to read as follows:
    3    2.  "Companion  animal",  as used in this section, shall have the same
    4  meaning as in subdivision five of section [three hundred  fifty  of  the
    5  agriculture and markets] 236.00 OF THE PENAL law.
    6    2.  "Companion  animal",  as used in this section, shall have the same
    7  meaning as in subdivision five of section [three hundred  fifty  of  the
    8  agriculture and markets] 236.00 OF THE PENAL law.
    9    S  7. The opening paragraph of paragraph e of subdivision 6 of section
   10  11-0103 of the environmental conservation law, as amended by chapter  10
   11  of the laws of 2005, is amended to read as follows:
   12    "Wild  animal"  shall  not  include  "companion  animal" as defined in
   13  section [three hundred fifty of the agriculture and markets]  236.00  OF
   14  THE  PENAL  law.  Wild animal includes, and is limited to, any or all of
   15  the following orders and families:
   16    S 8. Paragraph g of subdivision 9 of section 11-0917 of  the  environ-
   17  mental  conservation law, as amended by chapter 468 of the laws of 2011,
   18  is amended to read as follows:
   19    g. No live wolf, coyote,  coydog,  fox,  skunk,  venomous  reptile  or
   20  raccoon  shall  be  possessed  or transported, except under a license or
   21  permit issued by the department.   Every such license  or  permit  shall
   22  contain  a prominent notice thereon warning the licensee or permittee of
   23  his or her duty to exercise due care in  safeguarding  the  public  from
   24  attack by such wild animal or venomous reptile and that failure to do so
   25  is  a  crime under section [three hundred seventy of the agriculture and
   26  markets] 236.25 OF THE PENAL law.  The provisions of the  opening  para-
   27  graph  of section [three hundred seventy of the agriculture and markets]
   28  236.25 OF THE PENAL law except the last sentence thereof  shall  be  set
   29  forth  on  such  license  or  permit  immediately following such warning
   30  notice.
   31    S 9. Subdivision 6 of section 399-aa of the general business  law,  as
   32  added by chapter 573 of the laws of 2002, is amended to read as follows:
   33    6.  (a) No provision of this section shall be construed to prohibit or
   34  interfere with any properly conducted scientific tests,  experiments  or
   35  investigations  involving  the use of dog or cat fur or flesh, performed
   36  or conducted in laboratories or institutions,  which  are  approved  for
   37  these  purposes  by  the state commissioner of health in accordance with
   38  section [three hundred  fifty-three  of  the  agriculture  and  markets]
   39  236.02 OF THE PENAL law.
   40    (b)  No  provision  of this section shall be construed to prohibit any
   41  person, firm, partnership or corporation from importing, selling, offer-
   42  ing for sale, manufacturing, distributing,  transporting,  or  otherwise
   43  marketing  or trading in the fur, hair, skin, or flesh of a domesticated
   44  dog or cat for the purposes of conducting scientific tests,  experiments
   45  or  investigations that are to be performed or conducted in laboratories
   46  or institutions, which are approved for  these  purposes  by  the  state
   47  commissioner  of health in accordance with section [three hundred fifty-
   48  three of the agriculture and markets] 236.02 OF THE PENAL law.
   49    S 10. Section 750-t of the general business law, as added  by  chapter
   50  526 of the laws of 1992, is amended to read as follows:
   51    S 750-t. Disposal in compliance with forms. A pet cemetery owner shall
   52  dispose  of  a pet in compliance with a pet disposal form completed by a
   53  pet owner or veterinarian. If such pet is disposed of, either  by  indi-
   54  vidual  cremation  or  individual  burial,  the pet cemetery owner shall
   55  within ten days of such disposal send or give a written confirmation  of
   56  such   disposal   to   the  pet  owner  or  veterinarian,  depending  on
       A. 1659                            24
    1  instructions in pet disposal form, and,  shall  attest  to  the  method,
    2  date, and place of disposal. If a pet is disposed of either through mass
    3  cremation  or  mass  burial,  no written confirmation shall be required.
    4  Copies  of  all  forms shall be retained for a period of two years after
    5  receipt. All pet remains shall be buried at least  twelve  inches  below
    6  the  surface  of the ground or in accordance with section [three hundred
    7  seventy-seven of the agriculture and markets] 236.32 OF THE PENAL law in
    8  the case of a large domestic animal or otherwise disposed of in a  sani-
    9  tary manner.
   10    S  11.  Subdivision  1  of  section  352.3 of the family court act, as
   11  amended by chapter 532 of the laws  of  2008,  is  amended  to  read  as
   12  follows:
   13    (1)  Upon  the  issuance  of an order pursuant to section 315.3 or the
   14  entry of an order of disposition pursuant to section 352.2, a court  may
   15  enter  an  order  of  protection  against  any respondent for good cause
   16  shown. The order may require that the respondent: (a) stay away from the
   17  home, school, business or place of employment  of  the  victims  of  the
   18  alleged  offense; or (b) refrain from harassing, intimidating, threaten-
   19  ing or otherwise interfering with the victim or victims of  the  alleged
   20  offense  and  such  members of the family or household of such victim or
   21  victims as shall be specifically named by the court in  such  order;  or
   22  (c)  refrain  from intentionally injuring or killing, without justifica-
   23  tion, any companion animal the respondent knows to be owned,  possessed,
   24  leased,  kept  or  held  by the person protected by the order or a minor
   25  child residing in such person's household. "Companion animal",  as  used
   26  in  this subdivision, shall have the same meaning as in subdivision five
   27  of section [three hundred fifty of the agriculture and  markets]  236.00
   28  OF THE PENAL law.
   29    S  12.  Paragraph  2  of  subdivision (h) of section 446 of the family
   30  court act, as added by chapter 253 of the laws of 2006,  is  amended  to
   31  read as follows:
   32    2.  "Companion  animal",  as used in this section, shall have the same
   33  meaning as in subdivision five of section [three hundred  fifty  of  the
   34  agriculture and markets] 236.00 OF THE PENAL law.
   35    S  13.  Paragraph  2  of  subdivision (i) of section 551 of the family
   36  court act, as added by chapter 253 of the laws of 2006,  is  amended  to
   37  read as follows:
   38    2.  "Companion  animal",  as used in this section, shall have the same
   39  meaning as in subdivision five of section [three hundred  fifty  of  the
   40  agriculture and markets] 236.00 OF THE PENAL law.
   41    S  14.  Paragraph  2  of  subdivision (i) of section 656 of the family
   42  court act, as added by chapter 253 of the laws of 2006,  is  amended  to
   43  read as follows:
   44    2.  "Companion  animal",  as used in this section, shall have the same
   45  meaning as in subdivision five of section [three hundred  fifty  of  the
   46  agriculture and markets] 236.00 OF THE PENAL law.
   47    S  15.  Paragraph  2  of  subdivision (h) of section 759 of the family
   48  court act, as added by chapter 253 of the laws of 2006,  is  amended  to
   49  read as follows:
   50    2.  "Companion  animal",  as used in this section, shall have the same
   51  meaning as in subdivision five of section [three hundred  fifty  of  the
   52  agriculture and markets] 236.00 OF THE PENAL law.
   53    S  16.  Paragraph  2  of  subdivision (i) of section 842 of the family
   54  court act, as added by chapter 253 of the laws of 2006,  is  amended  to
   55  read as follows:
       A. 1659                            25
    1    2.  "Companion  animal",  as used in this section, shall have the same
    2  meaning as in subdivision five of section [three hundred  fifty  of  the
    3  agriculture and markets] 236.00 OF THE PENAL law.
    4    S  17.  Paragraph  2  of subdivision (g) of section 1056 of the family
    5  court act, as added by chapter 253 of the laws of 2006,  is  amended  to
    6  read as follows:
    7    2.  "Companion  animal",  as used in this section, shall have the same
    8  meaning as in subdivision five of section [three hundred  fifty  of  the
    9  agriculture and markets] 236.00 OF THE PENAL law.
   10    S  18.  Subdivision  d of section 20-383 of the administrative code of
   11  the city of New York, as amended by local law number 2 of  the  city  of
   12  New York for the year 1994, is amended to read as follows:
   13    d.  Notwithstanding  the  provisions  of  subdivisions b and c of this
   14  section, any driver of a horse drawn cab found guilty of  one  violation
   15  of  subdivision  d  of  section  20-381.1 of the code or sections [three
   16  hundred fifty-one, three hundred fifty-three, three  hundred  fifty-five
   17  through  three  hundred sixty-two or three hundred sixty-nine of the New
   18  York state agriculture and  markets]  236.01,  236.02,  236.07,  236.08,
   19  236.09,  236.10,  236.11,  236.12,  236.13,  236.14,  236.15, 236.16, OR
   20  236.24 OF THE PENAL law or who is found guilty of a  violation  of  this
   21  subchapter  while his or her license is suspended, shall have his or her
   22  license revoked. A driver whose license has been revoked  in  accordance
   23  with  this provision may not apply for a new license for five years from
   24  the date of revocation.
   25    S 19. Section 80 of the agriculture and markets  law,  as  amended  by
   26  chapter 680 of the laws of 1967, is amended to read as follows:
   27    S 80. Certificate  to healthy herds.  For the purpose of giving recog-
   28  nition to other than segregated herds which are certified to him,  after
   29  competent examination satisfactory to him, to be in a healthy condition,
   30  the  commissioner  is hereby authorized to issue such certificates as he
   31  may deem proper to the owner of such herd; to use such terms  to  desig-
   32  nate  such  herds  as  will  harmonize with federal designations of such
   33  herds and to adopt such rules as he may deem  proper  for  the  tagging,
   34  branding  or marking of any animal or animals affected or believed to be
   35  affected with any communicable disease, or exposed thereto. In the event
   36  that such animals are branded it shall not be construed  as  cruelty  to
   37  animals  within  the meaning of article [twenty-six of this chapter] TWO
   38  HUNDRED THIRTY-SIX OF THE PENAL LAW.
   39    S 20. Subdivision 3 of section 404 of the agriculture and markets law,
   40  as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
   41  follows:
   42    3.  Violation  of  any  provision  of  this article or conviction of a
   43  violation of any provision of article [twenty-six of this  chapter]  TWO
   44  HUNDRED  THIRTY-SIX  OF  THE PENAL LAW or regulations promulgated there-
   45  under pertaining to humane treatment of  animals,  cruelty  to  animals,
   46  endangering  the life or health of an animal, or violation of any feder-
   47  al, state, or  local  law  pertaining  to  the  care,  treatment,  sale,
   48  possession, or handling of animals or any regulation or rule promulgated
   49  pursuant  thereto  relating to the endangerment of the life or health of
   50  an animal.
   51    S 21. Section 407 of the agriculture and  markets  law,  as  added  by
   52  chapter 259 of the laws of 2000, is amended to read as follows:
   53    S  407. Construction with other laws. Nothing in this article shall be
   54  construed to limit or restrict agents or officers of societies  for  the
   55  prevention  of  cruelty  to  animals  or the police from enforcing other
   56  provisions of [article twenty-six of] this chapter, ARTICLE TWO  HUNDRED
       A. 1659                            26
    1  THIRTY-SIX  OF  THE  PENAL  LAW, or any other law relating to the humane
    2  treatment of or cruelty to animals.
    3    S  22.  Subdivisions  56,  68  and  79 of section 2.10 of the criminal
    4  procedure law, subdivision 56 as added by chapter 188  of  the  laws  of
    5  1989,  subdivision  68  as added by chapter 227 of the laws of 2000, and
    6  subdivision 79 as added by chapter 752 of the laws of 2004, are  amended
    7  to read as follows:
    8    56.  Dog  control  officers  of  the  town  of  Brookhaven, who at the
    9  discretion of the town board may be designated  as  constables  for  the
   10  purpose  of enforcing article [twenty-six of the agriculture and markets
   11  law] TWO HUNDRED THIRTY-SIX OF THE PENAL LAW  and  for  the  purpose  of
   12  issuing  appearance  tickets permitted under article seven of [such] THE
   13  AGRICULTURE AND MARKETS law; provided, however,  that  nothing  in  this
   14  subdivision shall be deemed to authorize such officer to carry, possess,
   15  repair  or  dispose of a firearm unless the appropriate license therefor
   16  has been issued pursuant to section 400.00 of the penal law.
   17    68. Dog control officers of the town of Arcadia, who at the discretion
   18  of the town board may be designated as constables  for  the  purpose  of
   19  enforcing  article  [twenty-six  of the agriculture and markets law] TWO
   20  HUNDRED THIRTY-SIX OF THE PENAL LAW  and  for  the  purpose  of  issuing
   21  appearance  tickets permitted under article seven of [such] THE AGRICUL-
   22  TURE AND MARKETS law; provided, however, that nothing in  this  subdivi-
   23  sion shall be deemed to authorize such officer to carry, possess, repair
   24  or dispose of a firearm unless the appropriate license therefor has been
   25  issued pursuant to section 400.00 of the penal law.
   26    79.  Animal  control  officers  of  the  city  of  Elmira,  who at the
   27  discretion of the city council of the city of Elmira may  be  designated
   28  as  constables  for  the purpose of enforcing article [twenty-six of the
   29  agriculture and markets law] TWO HUNDRED THIRTY-SIX OF  THE  PENAL  LAW,
   30  and  for the purpose of issuing appearance tickets permitted under arti-
   31  cle seven of [such] THE AGRICULTURE AND MARKETS law; provided,  however,
   32  that nothing in this subdivision shall be deemed to authorize such offi-
   33  cer  to carry, possess, repair or dispose of a firearm unless the appro-
   34  priate license therefor has been issued pursuant to  section  400.00  of
   35  the penal law.
   36    S  23.  Paragraph (i) of subdivision 1 of section 750-h of the general
   37  business law, as added by chapter 526 of the laws of 1992, is amended to
   38  read as follows:
   39    (i) Conviction of a violation of article [twenty-six of  the  agricul-
   40  ture  and markets law] TWO HUNDRED THIRTY-SIX OF THE PENAL LAW involving
   41  cruelty to animals.
   42    S 24. Section 753-d of the general business law, as added  by  chapter
   43  259 of the laws of 2000, is amended to read as follows:
   44    S  753-d.  Construction with other laws. Nothing in this article shall
   45  be construed to limit or restrict agents or officers  of  societies  for
   46  the prevention of cruelty to animals or the police from enforcing [arti-
   47  cles twenty-six and] ARTICLE twenty-six-A of the agriculture and markets
   48  law,  ARTICLE  TWO HUNDRED THIRTY-SIX OF THE PENAL LAW, or any other law
   49  relating to the humane treatment of, or cruelty to, animals.
   50    S 25. This act shall take effect immediately.