Assembly Bill A9781

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9781

                          I N  A S S E M B L Y

                            January 26, 2010
                               ___________

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:

  Section 1. The penal law is amended by adding a  new  article  236  to
read as follows:
                               ARTICLE 236
                        OFFENSES AGAINST ANIMALS
SECTION 236.00 DEFINITIONS.
        236.01 PROHIBITION OF ANIMAL FIGHTING.
        236.02 OVERDRIVING,  TORTURING  AND INJURING ANIMALS; FAILURE TO
                 PROVIDE PROPER SUSTENANCE.
        236.03 AGGRAVATED CRUELTY TO ANIMALS.
        236.04 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
        236.05 ELECTROCUTION OF FUR-BEARING ANIMALS PROHIBITED.
        236.06 SALE OF BABY CHICKS AND BABY RABBITS.
        236.07 ABANDONMENT OF ANIMALS.
        236.08 FAILURE TO PROVIDE PROPER FOOD AND DRINK TO AN  IMPOUNDED
                 ANIMAL.
        236.09 SELLING OR OFFERING TO SELL OR EXPOSING DISEASED ANIMAL.
        236.10 SELLING DISABLED HORSES.
        236.11 LIVE ANIMALS AS PRIZES PROHIBITED.
        236.12 CARRYING AN ANIMAL IN A CRUEL MANNER.
        236.13 TRANSPORTATION OF HORSES.
        236.14 POISONING OR ATTEMPTING TO POISON ANIMALS.
        236.15 INTERFERENCE WITH OR INJURY TO CERTAIN DOMESTIC ANIMALS.
        236.16 THROWING SUBSTANCE INJURIOUS TO ANIMALS IN PUBLIC PLACE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00548-02-9

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        236.17 UNAUTHORIZED  POSSESSION  OF DOGS PRESUMPTIVE EVIDENCE OF
                 LARCENY.
        236.18 RUNNING HORSES ON HIGHWAY.
        236.19 CLIPPING OR CUTTING THE EARS OF DOGS.
        236.20 DOG STEALING.
        236.21 REMOVING,  SEIZING  OR  TRANSPORTING  DOGS  FOR  RESEARCH
                 PURPOSES.
        236.22 LEAVING STATE TO AVOID PROVISIONS OF THIS ARTICLE.
        236.23 OPERATING UPON TAILS OF HORSES UNLAWFUL.
        236.24 INTERFERENCE WITH OFFICERS.
        236.25 PROTECTION OF THE PUBLIC FROM ATTACK BY WILD ANIMALS  AND
                 REPTILES.
        236.26 POWERS OF PEACE OFFICERS.
        236.27 ISSUANCE OF WARRANTS UPON COMPLAINT.
        236.28 SEIZURE  OF ANIMALS LOST, STRAYED, HOMELESS, ABANDONED OR
                 IMPROPERLY CONFINED OR KEPT.
        236.29 HUMANE DESTRUCTION OR OTHER DISPOSITION OF ANIMALS  LOST,
                 STRAYED,  HOMELESS, ABANDONED OR IMPROPERLY CONFINED OR
                 KEPT.
        236.30 OFFICER MAY TAKE POSSESSION OF ANIMALS OR IMPLEMENTS USED
                 IN FIGHTS AMONG ANIMALS.
        236.31 DISPOSITION OF ANIMALS OR IMPLEMENTS USED IN FIGHTS AMONG
                 ANIMALS.
        236.32 DISPOSAL OF DEAD ANIMALS.
        236.33 SPAYING AND NEUTERING OF DOGS AND CATS.
        236.34 UNLAWFUL TAMPERING WITH ANIMAL RESEARCH.
        236.35 PROHIBITION OF THE SELLING OF FUR, HAIR, SKIN OR FLESH OF
                 A DOG OR CAT.
        236.36 CONFINEMENT OF COMPANION  ANIMALS  IN  VEHICLES;  EXTREME
                 TEMPERATURES.
S 236.00 DEFINITIONS.
  1.  "ANIMAL,"  AS USED IN THIS ARTICLE, INCLUDES EVERY LIVING CREATURE
EXCEPT A HUMAN BEING.
  2. "TORTURE" OR "CRUELTY" INCLUDES EVERY ACT,  OMISSION,  OR  NEGLECT,
WHEREBY  UNJUSTIFIABLE  PHYSICAL  PAIN,  SUFFERING OR DEATH IS CAUSED OR
PERMITTED.
  3. "ADOPTION" MEANS THE DELIVERY TO ANY NATURAL PERSON EIGHTEEN  YEARS
OF  AGE OR OLDER, FOR THE LIMITED PURPOSE OF HARBORING A PET, OF ANY DOG
OR CAT, SEIZED OR SURRENDERED.
  4. "FARM ANIMAL", AS USED IN THIS ARTICLE, MEANS ANY  UNGULATE,  POUL-
TRY, SPECIES OF CATTLE, SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEAR-
ING  ANIMALS, AS DEFINED IN SECTION 11-1907 OF THE ENVIRONMENTAL CONSER-
VATION LAW, WHICH ARE RAISED FOR  COMMERCIAL  OR  SUBSISTENCE  PURPOSES.
FUR-BEARING ANIMAL SHALL NOT INCLUDE DOGS OR CATS.
  5.  "COMPANION  ANIMAL"  OR "PET" MEANS ANY DOG OR CAT, AND SHALL ALSO
MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN  OR  NEAR  THE
HOUSEHOLD  OF  THE OWNER OR PERSON WHO CARES FOR SUCH OTHER DOMESTICATED
ANIMAL. "PET" OR "COMPANION ANIMAL" SHALL NOT INCLUDE A "FARM ANIMAL" AS
DEFINED IN THIS SECTION.
S 236.01 PROHIBITION OF ANIMAL FIGHTING.
  1. FOR PURPOSES OF THIS SECTION, THE TERM "ANIMAL FIGHTING" SHALL MEAN
ANY FIGHT BETWEEN COCKS OR OTHER BIRDS, OR BETWEEN DOGS, BULLS, BEARS OR
ANY OTHER ANIMALS, OR BETWEEN ANY SUCH ANIMAL AND A PERSON  OR  PERSONS,
EXCEPT IN EXHIBITIONS OF A KIND COMMONLY FEATURED AT RODEOS.
  2. ANY PERSON WHO ENGAGES IN ANY OF THE FOLLOWING CONDUCT IS GUILTY OF
A  FELONY  PUNISHABLE  BY  IMPRISONMENT  FOR A PERIOD NOT TO EXCEED FOUR

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YEARS, OR BY A FINE NOT TO EXCEED TWENTY-FIVE THOUSAND  DOLLARS,  OR  BY
BOTH SUCH FINE AND IMPRISONMENT:
  (A)  FOR  AMUSEMENT  OR  GAIN,  CAUSES  ANY ANIMAL TO ENGAGE IN ANIMAL
FIGHTING; OR
  (B) TRAINS ANY ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH
ANIMAL ENGAGE IN ANIMAL FIGHTING FOR AMUSEMENT OR GAIN; OR
  (C) BREEDS, SELLS OR OFFERS FOR SALE ANY  ANIMAL  UNDER  CIRCUMSTANCES
EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
  (D)  PERMITS  ANY  ACT  DESCRIBED IN PARAGRAPH (A), (B) OR (C) OF THIS
SUBDIVISION TO OCCUR ON PREMISES UNDER HIS CONTROL; OR
  (E) OWNS, POSSESSES OR KEEPS ANY ANIMAL TRAINED TO  ENGAGE  IN  ANIMAL
FIGHTING  ON  PREMISES  WHERE  AN EXHIBITION OF ANIMAL FIGHTING IS BEING
CONDUCTED UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE
IN ANIMAL FIGHTING.
  3. (A) ANY PERSON WHO ENGAGES IN CONDUCT SPECIFIED IN PARAGRAPH (B) OF
THIS SUBDIVISION IS GUILTY OF A MISDEMEANOR AND IS PUNISHABLE BY  IMPRI-
SONMENT  FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY A FINE NOT TO EXCEED
FIFTEEN THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  (B) THE OWNING, POSSESSING OR KEEPING  OF  ANY  ANIMAL  UNDER  CIRCUM-
STANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
  4.  (A)  ANY  PERSON WHO ENGAGES IN CONDUCT SPECIFIED IN PARAGRAPH (B)
HEREOF IS GUILTY OF A MISDEMEANOR AND IS PUNISHABLE BY IMPRISONMENT  FOR
A PERIOD NOT TO EXCEED ONE YEAR, OR BY A FINE NOT TO EXCEED ONE THOUSAND
DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  (B)  THE  KNOWING PRESENCE AS A SPECTATOR HAVING PAID AN ADMISSION FEE
OR HAVING MADE A WAGER AT ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHT-
ING IS BEING CONDUCTED.
  5. (A) ANY PERSON WHO ENGAGES IN THE CONDUCT  SPECIFIED  IN  PARAGRAPH
(B)  OF  THIS  SUBDIVISION IS GUILTY OF A VIOLATION PUNISHABLE BY A FINE
NOT TO EXCEED FIVE HUNDRED  DOLLARS.  ANY  PERSON  WHO  ENGAGES  IN  THE
CONDUCT SPECIFIED IN PARAGRAPH (B) OF THIS SUBDIVISION AFTER HAVING BEEN
CONVICTED WITHIN THE PREVIOUS FIVE YEARS OF A VIOLATION OF THIS SUBDIVI-
SION  OR SUBDIVISION FOUR OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND
IS PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY
A FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR BY BOTH BY SUCH  FINE  AND
IMPRISONMENT.
  (B)  THE KNOWING PRESENCE AS A SPECTATOR AT ANY PLACE WHERE AN EXHIBI-
TION OF ANIMAL FIGHTING IS BEING CONDUCTED.
S 236.02 OVERDRIVING, TORTURING AND INJURING ANIMALS; FAILURE TO PROVIDE
           PROPER SUSTENANCE.
  A PERSON WHO OVERDRIVES,  OVERLOADS,  TORTURES  OR  CRUELLY  BEATS  OR
UNJUSTIFIABLY  INJURES,  MAIMS,  MUTILATES  OR KILLS ANY ANIMAL, WHETHER
WILD OR TAME, AND  WHETHER  BELONGING  TO  HIMSELF  OR  TO  ANOTHER,  OR
DEPRIVES  ANY ANIMAL OF NECESSARY SUSTENANCE, FOOD OR DRINK, OR NEGLECTS
OR REFUSES TO FURNISH IT SUCH SUSTENANCE OR DRINK, OR  CAUSES,  PROCURES
OR  PERMITS  ANY  ANIMAL TO BE OVERDRIVEN, OVERLOADED, TORTURED, CRUELLY
BEATEN, OR UNJUSTIFIABLY INJURED, MAIMED, MUTILATED OR KILLED, OR TO  BE
DEPRIVED  OF  NECESSARY  FOOD  OR  DRINK,  OR WHO WILFULLY SETS ON FOOT,
INSTIGATES, ENGAGES IN, OR IN ANY WAY FURTHERS ANY ACT OF CRUELTY TO ANY
ANIMAL, OR ANY ACT TENDING TO PRODUCE SUCH CRUELTY, IS GUILTY OF A CLASS
A MISDEMEANOR AND FOR PURPOSES OF PARAGRAPH (B) OF  SUBDIVISION  ONE  OF
SECTION  160.10  OF  THE  CRIMINAL  PROCEDURE LAW, SHALL BE TREATED AS A
MISDEMEANOR DEFINED IN THE PENAL LAW.
  NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO PROHIBIT  OR  INTERFERE
WITH  ANY  PROPERLY  CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS OR INVESTI-
GATIONS, INVOLVING THE USE OF LIVING ANIMALS, PERFORMED OR CONDUCTED  IN

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LABORATORIES  OR  INSTITUTIONS, WHICH ARE APPROVED FOR THESE PURPOSES BY
THE STATE COMMISSIONER OF  HEALTH.  THE  COMMISSIONER  OF  HEALTH  SHALL
PRESCRIBE THE RULES UNDER WHICH SUCH APPROVALS SHALL BE GRANTED, INCLUD-
ING  THEREIN  STANDARDS  REGARDING  THE  CARE  AND TREATMENT OF ANY SUCH
ANIMALS. SUCH RULES SHALL BE PUBLISHED AND COPIES THEREOF  CONSPICUOUSLY
POSTED  IN  EACH SUCH LABORATORY OR INSTITUTION.  THE STATE COMMISSIONER
OF HEALTH OR HIS DULY AUTHORIZED REPRESENTATIVE SHALL HAVE THE POWER  TO
INSPECT SUCH LABORATORIES OR INSTITUTIONS TO INSURE COMPLIANCE WITH SUCH
RULES  AND  STANDARDS. EACH SUCH APPROVAL MAY BE REVOKED AT ANY TIME FOR
FAILURE TO COMPLY WITH SUCH RULES AND IN ANY CASE THE APPROVAL SHALL  BE
LIMITED TO A PERIOD NOT EXCEEDING ONE YEAR.
S 236.03 AGGRAVATED CRUELTY TO ANIMALS.
  1.  A  PERSON IS GUILTY OF AGGRAVATED CRUELTY TO ANIMALS WHEN, WITH NO
JUSTIFIABLE PURPOSE, HE OR  SHE  INTENTIONALLY  KILLS  OR  INTENTIONALLY
CAUSES  SERIOUS  PHYSICAL  INJURY  TO A COMPANION ANIMAL WITH AGGRAVATED
CRUELTY. FOR PURPOSES OF THIS SECTION, "AGGRAVATED CRUELTY"  SHALL  MEAN
CONDUCT  WHICH:  (I) IS INTENDED TO CAUSE EXTREME PHYSICAL PAIN; OR (II)
IS DONE OR CARRIED OUT IN AN ESPECIALLY DEPRAVED OR SADISTIC MANNER.
  2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF  ANIMALS
POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
OTHERWISE LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF LIVING
ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
FOR SUCH PURPOSES BY THE COMMISSIONER  OF  HEALTH  PURSUANT  TO  SECTION
236.02 OF THIS ARTICLE.
  3. AGGRAVATED CRUELTY TO ANIMALS IS A FELONY. A DEFENDANT CONVICTED OF
THIS OFFENSE SHALL BE SENTENCED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION 55.10 OF THIS CHAPTER PROVIDED, HOWEVER, THAT ANY TERM OF
IMPRISONMENT  IMPOSED  FOR VIOLATION OF THIS SECTION SHALL BE A DEFINITE
SENTENCE, WHICH MAY NOT EXCEED TWO YEARS.
S 236.04 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
  1. FOR PURPOSES OF THIS SECTION:
  (A) "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF  A
DOG  DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE OWNER
OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
  (B) "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE  LIKELY
TO  ADVERSELY  AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING BUT NOT
LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
  (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
INCLEMENT WEATHER WITHOUT READY ACCESS TO, OR THE ABILITY  TO  ENTER,  A
HOUSE,  APARTMENT  BUILDING,  OFFICE  BUILDING,  OR  ANY OTHER PERMANENT
STRUCTURE THAT COMPLIES WITH THE STANDARDS ENUMERATED IN  PARAGRAPH  (B)
OF SUBDIVISION THREE OF THIS SECTION.
  2.  (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT IS
LEFT OUTDOORS SHALL PROVIDE IT WITH SHELTER APPROPRIATE  TO  ITS  BREED,
PHYSICAL  CONDITION  AND THE CLIMATE.  ANY PERSON WHO KNOWINGLY VIOLATES
THE PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A VIOLATION,  PUNISHA-
BLE  BY  A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED
DOLLARS FOR A FIRST OFFENSE, AND A FINE OF NOT  LESS  THAN  ONE  HUNDRED
DOLLARS  NOR MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSE-
QUENT OFFENSES.  BEGINNING SEVENTY-TWO HOURS AFTER A CHARGE OF VIOLATING
THIS SECTION, EACH DAY THAT A DEFENDANT FAILS TO CORRECT  THE  DEFICIEN-

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CIES  IN THE DOG SHELTER FOR A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS
OR HER CUSTODY OR CONTROL AND THAT IS LEFT OUTDOORS, SO AS TO  BRING  IT
INTO  COMPLIANCE  WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A
SEPARATE OFFENSE.
  (B)  THE  COURT  MAY, IN ITS DISCRETION, REDUCE THE AMOUNT OF ANY FINE
IMPOSED FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE  DEFEND-
ANT  PROVES  HE OR SHE HAS SPENT PROVIDING A DOG SHELTER OR REPAIRING AN
EXISTING DOG SHELTER SO THAT IT COMPLIES WITH THE REQUIREMENTS  OF  THIS
SECTION.  NOTHING  IN  THIS PARAGRAPH SHALL PREVENT THE SEIZURE OF A DOG
FOR A VIOLATION OF THIS SECTION PURSUANT TO  THE  AUTHORITY  GRANTED  IN
THIS ARTICLE.
  3. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO
A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE:
  (A)  FOR  DOGS  THAT  ARE  RESTRAINED IN ANY MANNER OUTDOORS, SHADE BY
NATURAL OR ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT  SUNLIGHT  AT
ALL  TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH OF
THE DOG.
  (B) FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A  HOUS-
ING  FACILITY,  WHICH  MUST:  (I) HAVE A WATERPROOF ROOF; (II) BE STRUC-
TURALLY SOUND WITH INSULATION APPROPRIATE TO LOCAL  CLIMATIC  CONDITIONS
AND  SUFFICIENT  TO  PROTECT  THE  DOG  FROM INCLEMENT WEATHER; (III) BE
CONSTRUCTED TO ALLOW EACH DOG  ADEQUATE  FREEDOM  OF  MOVEMENT  TO  MAKE
NORMAL  POSTURAL  ADJUSTMENTS,  INCLUDING  THE ABILITY TO STAND UP, TURN
AROUND AND LIE DOWN WITH ITS LIMBS  OUTSTRETCHED;  AND  (IV)  ALLOW  FOR
EFFECTIVE  REMOVAL  OF EXCRETIONS, OTHER WASTE MATERIAL; DIRT AND TRASH.
THE HOUSING FACILITY AND THE AREA IMMEDIATELY SURROUNDING  IT  SHALL  BE
REGULARLY  CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND TO
MINIMIZE HEALTH HAZARDS.
  4. INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE  HOUS-
ING  FACILITY  ITSELF,  INCLUDING  BUT  NOT LIMITED TO, SIZE, STRUCTURAL
SOUNDNESS, EVIDENCE OF CROWDING WITHIN THE HOUSING  FACILITY,  HEALTHFUL
ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
  5.  UPON  A  FINDING OF ANY VIOLATION OF THIS SECTION, ANY DOG OR DOGS
SEIZED PURSUANT TO THE PROVISIONS OF THIS ARTICLE  THAT  HAVE  NOT  BEEN
VOLUNTARILY  SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED PURSUANT
TO COURT ORDER SHALL BE RETURNED TO THE OWNER  OR  CUSTODIAN  ONLY  UPON
PROOF  THAT  APPROPRIATE  SHELTER  AS  REQUIRED BY THIS SECTION IS BEING
PROVIDED.
  6.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
OF THIS ARTICLE.
S 236.05 ELECTROCUTION OF FUR-BEARING ANIMALS PROHIBITED.
  1.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON SHALL INTEN-
TIONALLY KILL, OR STUN TO  FACILITATE  THE  KILLING  OF,  A  FUR-BEARING
ANIMAL  BY  MEANS  OF  AN  ELECTRICAL  CURRENT.  FOR THE PURPOSE OF THIS
SECTION, "FUR-BEARING ANIMAL" MEANS ARCTIC FOX,  RED  FOX,  SILVER  FOX,
CHINCHILLA,  MINK,  PINE  MARTEN, MUSKRAT, AND THOSE FUR-BEARING ANIMALS
INCLUDED WITHIN THE PROVISIONS OF SECTION 11-1907 OF  THE  ENVIRONMENTAL
CONSERVATION LAW.
  2.  A VIOLATION OF SUBDIVISION ONE OF THIS SECTION IS A CLASS A MISDE-
MEANOR.
S 236.06 SALE OF BABY CHICKS AND BABY RABBITS.
  1. NO PERSON SHALL SELL, OFFER FOR SALE, BARTER OR  GIVE  AWAY  LIVING
BABY  CHICKS, DUCKLINGS OR OTHER FOWL OR BABY RABBITS UNLESS SUCH PERSON
PROVIDES PROPER BROODER FACILITIES WHERE APPROPRIATE  FOR  THE  CARE  OF

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SUCH  BABY  CHICKS,  DUCKLINGS  OR OTHER FOWL OR BABY RABBITS DURING THE
TIME THEY ARE IN THE POSSESSION OF SUCH PERSON. FOR THE PURPOSES OF THIS
SECTION, A BABY RABBIT SHALL BE A RABBIT OF LESS THAN TWO MONTHS OF AGE.
  2. NO PERSON SHALL SELL, OFFER FOR SALE, BARTER OR DISPLAY LIVING BABY
CHICKS,  DUCKLINGS  OR  OTHER FOWL OR BABY RABBITS WHICH HAVE BEEN DYED,
COLORED OR OTHERWISE TREATED SO AS  TO  IMPART  TO  THEM  AN  ARTIFICIAL
COLOR.
  2-A.  NO  PROVISION OF SUBDIVISION TWO OF THIS SECTION SHALL BE INTER-
PRETED OR APPLIED TO PREVENT OR RESTRICT TEACHERS AND QUALIFIED INSTRUC-
TORS OF YOUTH UNDER THE GUIDANCE AND SUPERVISION OF THE NEW  YORK  STATE
COOPERATIVE EXTENSION SERVICE FROM USING EGGS FOR NON-PROFIT EDUCATIONAL
PURPOSES  OR  FROM  OBSERVING FOWL HATCHED FROM SUCH EGGS FOR NON-PROFIT
EDUCATIONAL PURPOSES.
  3. NO PERSON SHALL SELL, OFFER FOR SALE, BARTER OR  GIVE  AWAY  LIVING
BABY CHICKS, DUCKLINGS OR OTHER FOWL OR BABY RABBITS UNDER TWO MONTHS OF
AGE IN ANY QUANTITY LESS THAN SIX.
  4.  A  VIOLATION  OF  THE PROVISIONS OF THIS SECTION IS A MISDEMEANOR,
PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A  FINE  OF
NOT MORE THAN FIVE HUNDRED DOLLARS, OR BY BOTH.
S 236.07 ABANDONMENT OF ANIMALS.
  A  PERSON BEING THE OWNER OR POSSESSOR, OR HAVING CHARGE OR CUSTODY OF
AN ANIMAL, WHO ABANDONS SUCH ANIMAL, OR LEAVES IT TO DIE  IN  A  STREET,
ROAD OR PUBLIC PLACE, OR WHO ALLOWS SUCH ANIMAL, IF IT BECOMES DISABLED,
TO  LIE  IN  A PUBLIC STREET, ROAD OR PUBLIC PLACE MORE THAN THREE HOURS
AFTER HE RECEIVES NOTICE THAT IT IS LEFT DISABLED, IS GUILTY OF A MISDE-
MEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR  BY  A
FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
S 236.08 FAILURE  TO  PROVIDE  PROPER  FOOD  AND  DRINK  TO AN IMPOUNDED
           ANIMAL.
  A PERSON WHO, HAVING IMPOUNDED OR  CONFINED  ANY  ANIMAL,  REFUSES  OR
NEGLECTS  TO  SUPPLY  TO SUCH ANIMAL DURING ITS CONFINEMENT A SUFFICIENT
SUPPLY OF GOOD AND WHOLESOME AIR, FOOD, SHELTER AND WATER, IS GUILTY  OF
A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR
BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH. IN CASE ANY
ANIMAL  SHALL  BE AT ANY TIME IMPOUNDED AS AFORESAID, AND SHALL CONTINUE
TO BE WITHOUT NECESSARY FOOD AND WATER FOR MORE THAN  TWELVE  SUCCESSIVE
HOURS,  IT  SHALL  BE  LAWFUL  FOR ANY PERSON, FROM TIME TO TIME, AND AS
OFTEN AS IT SHALL BE NECESSARY, TO ENTER INTO  AND  UPON  ANY  POUND  IN
WHICH ANY SUCH ANIMAL SHALL BE SO CONFINED, AND TO SUPPLY IT WITH NECES-
SARY FOOD AND WATER, SO LONG AS IT SHALL REMAIN SO CONFINED; SUCH PERSON
SHALL  NOT  BE  LIABLE  TO ANY ACTION FOR SUCH ENTRY, AND THE REASONABLE
COST OF SUCH FOOD AND WATER MAY BE COLLECTED BY HIM OF THE OWNER OF SUCH
ANIMAL, AND THE SAID ANIMAL SHALL NOT BE EXEMPT FROM LEVY AND SALE  UPON
EXECUTION ISSUED UPON A JUDGMENT THEREFOR.
S 236.09 SELLING OR OFFERING TO SELL OR EXPOSING DISEASED ANIMAL.
  A PERSON WHO WILFULLY SELLS OR OFFERS TO SELL, USES, EXPOSES, OR CAUS-
ES  OR  PERMITS TO BE SOLD, OFFERED FOR SALE, USED OR EXPOSED, ANY HORSE
OR OTHER ANIMAL HAVING THE DISEASE KNOWN AS GLANDERS OR FARCY, OR  OTHER
CONTAGIOUS  OR  INFECTIOUS  DISEASE  DANGEROUS  TO THE LIFE OR HEALTH OF
HUMAN BEINGS, OR ANIMALS, OR WHICH IS DISEASED  PAST  RECOVERY,  OR  WHO
REFUSES  UPON DEMAND TO DEPRIVE OF LIFE AN ANIMAL AFFECTED WITH ANY SUCH
DISEASE, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR  NOT
MORE  THAN  ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS
OR BY BOTH.
S 236.10 SELLING DISABLED HORSES.

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  IT SHALL BE UNLAWFUL FOR ANY PERSON HOLDING  AN  AUCTIONEER'S  LICENSE
KNOWINGLY  TO  RECEIVE  OR  OFFER FOR SALE OR TO SELL AT PUBLIC AUCTION,
OTHER THAN AT A SHERIFF'S OR JUDICIAL SALE  UNDER  A  COURT  ORDER,  ANY
HORSE WHICH BY REASON OF DEBILITY, DISEASE OR LAMENESS, OR FOR ANY OTHER
CAUSE,  COULD  NOT  BE  WORKED  IN  THIS STATE WITHOUT VIOLATING THE LAW
AGAINST CRUELTY TO ANIMALS. ANY PERSON VIOLATING ANY PROVISION  OF  THIS
SECTION  SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN FIVE DOLLARS NOR
MORE THAN ONE HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN  SIX
MONTHS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
S 236.11 LIVE ANIMALS AS PRIZES PROHIBITED.
  1.  FOR THE PURPOSES OF THIS SECTION "LIVESTOCK" SHALL MEAN ANY DOMES-
TICATED SHEEP, GOAT, HORSE, CATTLE OR SWINE.
  2. NO PERSON SHALL GIVE OR OFFER TO GIVE AWAY AS A PRIZE, OR  EXCHANGE
OR  OFFER  TO  EXCHANGE FOR NOMINAL CONSIDERATION, ANY LIVE ANIMAL OTHER
THAN PUREBRED LIVESTOCK OR FISH IN ANY GAME, DRAWING,  CONTEST,  SWEEPS-
TAKES  OR  OTHER PROMOTION, EXCEPT WHEN ANY LIVE ANIMAL IS GIVEN AWAY BY
INDIVIDUALS OR ORGANIZATIONS OPERATING IN CONJUNCTION WITH A COOPERATIVE
EXTENSION EDUCATION PROGRAM OR  AGRICULTURAL  VOCATIONAL  PROGRAM  SANC-
TIONED BY THE STATE EDUCATION DEPARTMENT.
  3.  THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL PROMULGATE RULES
AND REGULATIONS WHICH PROVIDE GUIDELINES,  CONDITIONS  AND  REQUIREMENTS
WHEN  ANY LIVE ANIMAL IS GIVEN AWAY UNDER THE EXCEPTIONS PROVIDED FOR IN
SUBDIVISION TWO OF THIS SECTION.
  4. ANY PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS OR
IN  LIEU  THEREOF  SHALL BE GUILTY OF A VIOLATION PUNISHABLE SOLELY BY A
FINE OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS.
S 236.12 CARRYING AN ANIMAL IN A CRUEL MANNER.
  1. A PERSON WHO CARRIES OR CAUSES TO BE CARRIED IN OR UPON ANY  VESSEL
OR VEHICLE OR OTHERWISE, ANY ANIMAL IN A CRUEL OR INHUMANE MANNER, OR SO
AS  TO PRODUCE TORTURE, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRI-
SONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT  MORE  THAN  ONE
THOUSAND DOLLARS, OR BY BOTH.
  2.  A RAILWAY CORPORATION, OR AN OWNER, AGENT, CONSIGNEE, OR PERSON IN
CHARGE OF ANY HORSES, SHEEP, CATTLE, OR SWINE, IN THE COURSE OF, OR  FOR
TRANSPORTATION,  WHO  CONFINES,  OR  CAUSES  OR  SUFFERS  THE SAME TO BE
CONFINED, IN CARS FOR A  LONGER  PERIOD  THAN  TWENTY-EIGHT  CONSECUTIVE
HOURS,  OR  THIRTY-SIX  CONSECUTIVE  HOURS WHERE CONSENT IS GIVEN IN THE
MANNER HEREINAFTER PROVIDED, WITHOUT UNLOADING FOR REST, WATER AND FEED-
ING, DURING FIVE CONSECUTIVE HOURS, UNLESS PREVENTED BY STORM OR  INEVI-
TABLE  ACCIDENT,  IS  GUILTY  OF  A  MISDEMEANOR. THE CONSENT WHICH WILL
EXTEND THE PERIOD FROM TWENTY-EIGHT TO THIRTY-SIX HOURS SHALL  BE  GIVEN
BY THE OWNER, OR BY THE PERSON IN CUSTODY OF A PARTICULAR SHIPMENT, BY A
WRITING  SEPARATE  AND  APART  FROM  ANY PRINTED BILL OF LADING OR OTHER
RAILROAD FORM. IN ESTIMATING SUCH CONFINEMENT, THE TIME DURING WHICH THE
ANIMALS HAVE BEEN CONFINED WITHOUT REST, ON CONNECTING ROADS FROM  WHICH
THEY ARE RECEIVED, MUST BE COMPUTED.
S 236.13 TRANSPORTATION OF HORSES.
  1.  EVERY  VEHICLE  UTILIZED  FOR  THE TRANSPORTATION OF MORE THAN SIX
HORSES SHALL MEET THE FOLLOWING REQUIREMENTS:
  A.  THE  INTERIORS  OF  COMPARTMENTS  CONTAINING   HORSES   SHALL   BE
CONSTRUCTED  OF SMOOTH MATERIALS, CONTAINING NO SHARP OBJECTS OR PROTRU-
SIONS WHICH ARE HAZARDOUS;
  B. THE FLOORS SHALL BE OF SUCH CONSTRUCTION OR COVERED  WITH  ABRASIVE
MATERIAL SO AS TO PREVENT HORSES FROM SKIDDING OR SLIDING;
  C. THERE SHALL BE SUFFICIENT APERTURES TO INSURE ADEQUATE VENTILATION;

A. 9781                             8

  D.  THERE  SHALL  BE SUFFICIENT INSULATION OR COVERINGS TO MAINTAIN AN
ADEQUATE TEMPERATURE IN THE COMPARTMENT CONTAINING HORSES;
  E.  PARTITIONS OF STURDY CONSTRUCTION SHALL BE PLACED A MAXIMUM OF TEN
FEET APART IN VEHICLES WHICH DO NOT HAVE STALLS;
  F. DOORWAYS SHALL BE OF SUFFICIENT HEIGHT TO ALLOW  SAFE  INGRESS  AND
EGRESS OF EACH HORSE CONTAINED IN THE COMPARTMENT;
  G. EACH COMPARTMENT CONTAINING HORSES SHALL BE OF SUCH HEIGHT SO AS TO
ALLOW  SUFFICIENT  CLEARANCE ABOVE THE POLL AND WITHERS OF EACH HORSE IN
THE COMPARTMENT;
  H. RAMPS SUFFICIENT FOR LOADING AND UNLOADING HORSES SHALL BE PROVIDED
IF THE VERTICAL DISTANCE FROM THE FLOOR OF  THE  COMPARTMENT  CONTAINING
HORSES TO THE GROUND IS GREATER THAN FIFTEEN INCHES; AND
  I.  THERE SHALL BE AT LEAST TWO DOORWAYS FOR INGRESS AND EGRESS, WHICH
SHALL NOT BE ON THE SAME SIDE.
  2. EVERY VEHICLE UTILIZED FOR THE  TRANSPORTATION  OF  MORE  THAN  SIX
HORSES OVER A HIGHWAY SHALL HAVE NO MORE THAN ONE TIER.
  3.  A.  TRANSPORTING  A  HORSE IN VIOLATION OF THIS SECTION SHALL BE A
VIOLATION PUNISHABLE BY A FINE  OF  NOT  MORE  THAN  TWO  HUNDRED  FIFTY
DOLLARS.
  B.  ANY  SUBSEQUENT  VIOLATION  OF  THIS SECTION ON A DATE FOLLOWING A
CONVICTION UNDER THE PROVISIONS OF THIS SECTION SHALL BE  A  MISDEMEANOR
PUNISHABLE  BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISON-
MENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
  4. THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL PROMULGATE  RULES
AND REGULATIONS, INCLUDING SIZE SPECIFICATIONS, AND ESTABLISH GUIDELINES
IN ORDER TO FACILITATE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
  5.  A. THE TERM "HORSE" AS USED THROUGHOUT THIS SECTION SHALL APPLY TO
THE ENTIRE FAMILY OF EQUIDAE.
  B. THE TERM "VEHICLE" AS USED THROUGHOUT THIS SECTION SHALL  APPLY  TO
EVERY  DEVICE  IN, UPON, OR BY WHICH ANY PERSON OR PROPERTY IS OR MAY BE
TRANSPORTED OR DRAWN UPON A HIGHWAY, EXCEPT DEVICES MOVED BY HUMAN POWER
OR USED EXCLUSIVELY UPON STATIONARY RAILS OR TRACKS.
  6. THE COURT IN WHICH  A  CONVICTION  UNDER  THE  PROVISIONS  OF  THIS
SECTION IS OBTAINED, SHALL, WITHIN THIRTY DAYS OF SUCH CONVICTION, TRAN-
SMIT  A  COPY  OF  THE  RECORD OF CONVICTION TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES WHICH SHALL MAINTAIN A RECORD OF  SUCH  CONVICTION  FOR
THE PURPOSE OF IDENTIFYING SUBSEQUENT VIOLATIONS OF THIS SECTION.
S 236.14 POISONING OR ATTEMPTING TO POISON ANIMALS.
  A  PERSON  WHO UNJUSTIFIABLY ADMINISTERS ANY POISONOUS OR NOXIOUS DRUG
OR SUBSTANCE TO A  HORSE,  MULE  OR  DOMESTIC  CATTLE  OR  UNJUSTIFIABLY
EXPOSES  ANY  SUCH  DRUG OR SUBSTANCE WITH INTENT THAT THE SAME SHALL BE
TAKEN BY HORSE, MULE OR BY DOMESTIC CATTLE, WHETHER SUCH HORSE, MULE  OR
DOMESTIC  CATTLE  BE  THE PROPERTY OF HIMSELF OR ANOTHER, IS GUILTY OF A
FELONY. A PERSON WHO UNJUSTIFIABLY ADMINISTERS ANY POISONOUS OR  NOXIOUS
DRUG  OR  SUBSTANCE  TO  AN ANIMAL, OTHER THAN A HORSE, MULE OR DOMESTIC
CATTLE, OR UNJUSTIFIABLY EXPOSES ANY SUCH DRUG OR SUBSTANCE WITH  INTENT
THAT  THE  SAME  SHALL BE TAKEN BY AN ANIMAL OTHER THAN A HORSE, MULE OR
DOMESTIC CATTLE, WHETHER SUCH ANIMAL  BE  THE  PROPERTY  OF  HIMSELF  OR
ANOTHER,  IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT
MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE THOUSAND  DOLLARS,
OR BY BOTH.
S 236.15 INTERFERENCE WITH OR INJURY TO CERTAIN DOMESTIC ANIMALS.
  A  PERSON  WHO  WILFULLY  OR  UNJUSTIFIABLY  INTERFERES WITH, INJURES,
DESTROYS OR TAMPERS WITH OR  WHO  WILFULLY  SETS  ON  FOOT,  INSTIGATES,
ENGAGES  IN OR IN ANY WAY FURTHERS ANY ACT BY WHICH ANY HORSE, MULE, DOG
OR ANY OTHER DOMESTIC ANIMAL USED FOR THE PURPOSES OF  RACING,  BREEDING

A. 9781                             9

OR  COMPETITIVE  EXHIBITION  OF  SKILL,  BREED OR STAMINA, IS INTERFERED
WITH, INJURED, DESTROYED OR TAMPERED WITH, OR ANY ACT TENDING TO PRODUCE
SUCH INTERFERENCE, INJURY, DESTRUCTION OR TAMPERING, WHETHER SUCH HORSE,
MULE,  DOG OR OTHER DOMESTIC ANIMAL BE THE PROPERTY OF HIMSELF OR ANOTH-
ER, IS GUILTY OF A FELONY.
S 236.16 THROWING SUBSTANCE INJURIOUS TO ANIMALS IN PUBLIC PLACE.
  A PERSON WHO WILFULLY THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN,
DROPPED OR PLACED UPON ANY ROAD, HIGHWAY, STREET OR  PUBLIC  PLACE,  ANY
GLASS,  NAILS,  PIECES  OF  METAL, OR OTHER SUBSTANCE WHICH MIGHT WOUND,
DISABLE OR INJURE ANY ANIMAL IS GUILTY OF A MISDEMEANOR,  PUNISHABLE  BY
IMPRISONMENT  FOR  NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN
ONE THOUSAND DOLLARS, OR BY BOTH.
S 236.17 UNAUTHORIZED POSSESSION OF DOGS PRESUMPTIVE EVIDENCE OF  LARCE-
NY.
  THE  UNAUTHORIZED  POSSESSION  OF A DOG OR DOGS, BY ANY PERSON NOT THE
TRUE OWNER, FOR A PERIOD EXCEEDING TEN DAYS,  WITHOUT  NOTIFYING  EITHER
THE  OWNER,  THE  LOCAL POLICE AUTHORITIES, OR THE SUPERINTENDENT OF THE
STATE POLICE AT ALBANY, NEW YORK, OF SUCH POSSESSION, SHALL BE  PRESUMP-
TIVE EVIDENCE OF LARCENY.
S 236.18 RUNNING HORSES ON HIGHWAY.
  A  PERSON  DRIVING ANY VEHICLE UPON ANY PLANK ROAD, TURNPIKE OR PUBLIC
HIGHWAY, WHO UNJUSTIFIABLY RUNS THE HORSES DRAWING THE SAME,  OR  CAUSES
OR PERMITS THEM TO RUN, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRI-
SONMENT  FOR  NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN FIVE
HUNDRED DOLLARS, OR BY BOTH.
S 236.19 CLIPPING OR CUTTING THE EARS OF DOGS.
  1. WHOEVER CLIPS OR CUTS OFF OR CAUSES OR PROCURES ANOTHER TO CLIP  OR
CUT  OFF THE WHOLE OR ANY PART OF AN EAR OF ANY DOG UNLESS AN ANESTHETIC
SHALL HAVE BEEN GIVEN TO THE  DOG  AND  THE  OPERATION  PERFORMED  BY  A
LICENSED  VETERINARIAN, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRI-
SONMENT FOR NOT MORE THAN ONE YEAR, OR A FINE OF NOT MORE THAN ONE THOU-
SAND DOLLARS, OR BY BOTH.
  2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY DOG OR PERSON
WHO IS THE OWNER OR POSSESSOR OF ANY DOG WHOSE EAR OR A PART THEREOF HAS
BEEN CLIPPED OR CUT OFF PRIOR TO SEPTEMBER FIRST, NINETEEN HUNDRED TWEN-
TY-NINE.
  3. EACH APPLICANT FOR A DOG LICENSE MUST  STATE  ON  SUCH  APPLICATION
WHETHER  ANY  EAR  OF  THE DOG FOR WHICH HE APPLIES FOR SUCH LICENSE HAS
BEEN CUT OFF WHOLLY OR IN PART.
  4. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED AS PREVENTING  ANY  DOG
WHOSE  EAR OR EARS SHALL HAVE BEEN CLIPPED OR CUT OFF WHOLLY OR IN PART,
NOT IN VIOLATION OF THIS SECTION, FROM BEING  IMPORTED  INTO  THE  STATE
EXCLUSIVELY FOR BREEDING PURPOSES.
S 236.20 DOG STEALING.
  IT SHALL BE UNLAWFUL FOR ANY PERSON:
  1.  TO REMOVE OR CAUSE TO BE REMOVED THE COLLAR, IDENTIFICATION TAG OR
ANY OTHER IDENTIFICATION BY WHICH THE OWNER MAY BE ASCERTAINED FROM  ANY
DOG, CAT OR ANY OTHER DOMESTIC ANIMAL AS DEFINED IN SUBDIVISION SEVEN OF
SECTION  ONE  HUNDRED  EIGHT  OF  THE AGRICULTURE AND MARKETS LAW, OR TO
ENTICE ANY IDENTIFIED DOG, CAT OR OTHER SUCH DOMESTIC ANIMAL INTO OR OUT
OF ANY HOUSE OR ENCLOSURE FOR THE PURPOSE OF REMOVING ITS COLLAR, TAG OR
ANY OTHER IDENTIFICATION, EXCEPT WITH THE OWNER'S PERMISSION;
  2. TO ENTICE, SEIZE OR MOLEST ANY DOG, WHILE IT IS BEING HELD  OR  LED
BY  ANY  PERSON OR WHILE IT IS PROPERLY MUZZLED OR WEARING A COLLAR WITH
AN IDENTIFICATION TAG ATTACHED, EXCEPT WHERE SUCH ACTION  IS  INCIDENTAL
TO THE ENFORCEMENT OF SOME LAW OR REGULATION;

A. 9781                            10

  3.  TO  TRANSPORT  ANY  DOG,  NOT  LAWFULLY IN HIS POSSESSION, FOR THE
PURPOSE OF KILLING OR SELLING SUCH DOG.
  ANY  PERSON  VIOLATING  ANY  OF  THE  PROVISIONS OF THIS SECTION, UPON
CONVICTION THEREOF, SHALL BE  PUNISHED  BY  A  FINE  NOT  EXCEEDING  TWO
HUNDRED  DOLLARS,  OR  BY  IMPRISONMENT  NOT TO EXCEED SIX MONTHS, OR BY
BOTH.
S 236.21 REMOVING, SEIZING OR TRANSPORTING DOGS FOR RESEARCH PURPOSES.
  IT SHALL BE UNLAWFUL FOR ANY PERSON:
  1. TO REMOVE, SEIZE OR TRANSPORT OR CAUSE TO REMOVE, SEIZE  OR  TRANS-
PORT  ANY DOG WHICH BELONGS TO OR IS LICENSED TO ANOTHER FOR THE PURPOSE
OF SALE, BARTER OR TO GIVE AWAY SAID  DOG  TO  A  LABORATORY,  HOSPITAL,
RESEARCH INSTITUTE, MEDICAL SCHOOL OR ANY AGENCY OR ORGANIZATION ENGAGED
IN  RESEARCH  ACTIVITY,  WITHOUT  THE  EXPRESS WRITTEN PERMISSION OF THE
OWNER OR LICENSEE.
  2. ANY PERSON  WHO  VIOLATES  THE  PROVISION  OF  THIS  SECTION,  UPON
CONVICTION  THEREOF, SHALL BE GUILTY OF A MISDEMEANOR, AND IS PUNISHABLE
BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY  IMPRISONMENT  FOR
NOT MORE THAN SIX MONTHS, OR BY BOTH.
S 236.22 LEAVING STATE TO AVOID PROVISIONS OF THIS ARTICLE.
  A  PERSON  WHO  LEAVES  THIS  STATE  WITH  INTENT  TO ELUDE ANY OF THE
PROVISIONS OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE  WHICH
IS  PROHIBITED  BY THEM OR WHO, BEING A RESIDENT OF THIS STATE, DOES ANY
ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA-
BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE
IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE.
S 236.23 OPERATING UPON TAILS OF HORSES UNLAWFUL.
  1. ANY PERSON WHO CUTS THE BONE, TISSUES, MUSCLES OR  TENDONS  OF  THE
TAIL OF ANY HORSE, MARE OR GELDING, OR OTHERWISE OPERATES UPON IT IN ANY
MANNER FOR THE PURPOSE OR WITH THE EFFECT OF DOCKING, SETTING, OR OTHER-
WISE ALTERING THE NATURAL CARRIAGE OF THE TAIL, OR WHO KNOWINGLY PERMITS
THE  SAME  TO  BE  DONE  UPON PREMISES OF WHICH HE IS THE OWNER, LESSEE,
PROPRIETOR OR USER, OR WHO ASSISTS IN OR IS VOLUNTARILY PRESENT AT  SUCH
CUTTING,  IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT
MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN FIVE  HUNDRED  DOLLARS
OR  BY  BOTH.  IF  A  HORSE  IS FOUND WITH THE BONE, TISSUES, MUSCLES OR
TENDONS OF ITS TAIL CUT AS AFORESAID AND WITH THE WOUND RESULTING THERE-
FROM UNHEALED, UPON THE PREMISES OR IN THE CHARGE  AND  CUSTODY  OF  ANY
PERSON,  SUCH  FACT SHALL BE PRIMA FACIE EVIDENCE OF A VIOLATION OF THIS
SECTION BY THE OWNER OR USER OF SUCH PREMISES OR THE PERSON HAVING  SUCH
CHARGE OR CUSTODY, RESPECTIVELY.
  2.  ANY  PERSON  WHO SHOWS OR EXHIBITS AT ANY HORSE SHOW OR OTHER LIKE
EXHIBITION IN THIS STATE A HORSE, MARE OR GELDING, THE TAIL OF WHICH HAS
BEEN CUT OR OPERATED UPON IN THE MANNER REFERRED TO IN  SUBDIVISION  ONE
OF  THIS SECTION, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN  FIVE  HUNDRED
DOLLARS,  OR BY BOTH; PROVIDED THAT THE PROVISIONS OF THIS SECTION SHALL
NOT APPLY WITH RESPECT TO AN ANIMAL THE TAIL OF WHICH HAS BEEN SO CUT OR
OPERATED UPON, IF THE OWNER THEREOF FURNISHES TO THE  MANAGER  OR  OTHER
OFFICIAL  HAVING  CHARGE  OF  THE HORSE SHOW OR EXHIBITION AT WHICH SUCH
ANIMAL IS SHOWN OR EXHIBITED AN AFFIDAVIT BY THE OWNER,  OR  A  LICENSED
VETERINARIAN,  IN  A  FORM APPROVED BY THE DEPARTMENT OF AGRICULTURE AND
MARKETS, STATING THAT IT WAS SO CUT IN A STATE WHEREIN SUCH CUTTING  WAS
NOT  SPECIFICALLY  PROHIBITED BY THE LAWS THEREOF. SAID AFFIDAVIT SHALL,
TO THE BEST OF AFFIANT'S KNOWLEDGE, INFORMATION AND BELIEF, IDENTIFY THE
ANIMAL WITH RESPECT TO SEX, AGE, MARKINGS, SIRE AND DAM, AND  STATE  THE
TIME AND PLACE OF SUCH CUTTING AND THE NAME AND ADDRESS OF THE PERSON BY

A. 9781                            11

WHOM  PERFORMED.  THE  AFFIDAVIT  SHALL  BE SUBJECT TO INSPECTION AT ALL
REASONABLE TIMES BY ANY PEACE OFFICER, ACTING PURSUANT  TO  HIS  SPECIAL
DUTIES,  OR  POLICE  OFFICER OF THIS STATE, OR BY A DESIGNATED REPRESEN-
TATIVE  OF  THE  COMMISSIONER  OF  AGRICULTURE AND MARKETS.   IN LIEU OF
FURNISHING SUCH AFFIDAVIT TO THE MANAGER OR OTHER OFFICIAL HAVING CHARGE
OF SUCH HORSE SHOW OR EXHIBITION, THE OWNER OF SUCH HORSE MAY SPECIFY ON
THE ENTRY BLANK FOR THE HORSE SHOW OR EXHIBITION THE NAME AND ADDRESS OF
A CENTRAL REGISTRY OFFICE DESIGNATED BY THE  DEPARTMENT  OF  AGRICULTURE
AND MARKETS WHERE SUCH AN AFFIDAVIT HAS ALREADY BEEN FILED AND IS AVAIL-
ABLE FOR INSPECTION.
S 236.24 INTERFERENCE WITH OFFICERS.
  ANY  PERSON  WHO  SHALL  INTERFERE  WITH  OR OBSTRUCT ANY CONSTABLE OR
POLICE OFFICER OR ANY OFFICER OR AGENT OF ANY DULY INCORPORATED  SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS IN THE DISCHARGE OF HIS DUTY TO
ENFORCE  THE  LAWS RELATING TO ANIMALS SHALL BE GUILTY OF A MISDEMEANOR,
PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A  FINE  OF
NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
S 236.25 PROTECTION  OF  THE  PUBLIC  FROM  ATTACK  BY  WILD ANIMALS AND
           REPTILES.
  ANY PERSON OWNING, POSSESSING OR HARBORING A WILD  ANIMAL  OR  REPTILE
CAPABLE  OF INFLICTING BODILY HARM UPON A HUMAN BEING, WHO SHALL FAIL TO
EXERCISE DUE CARE IN SAFEGUARDING THE PUBLIC FROM ATTACK  BY  SUCH  WILD
ANIMAL  OR  REPTILE, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISON-
MENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE  OF  NOT  MORE  THAN  FIVE
HUNDRED  DOLLARS,  OR  BY BOTH. "WILD ANIMAL" WITHIN THE MEANING OF THIS
SECTION, SHALL NOT INCLUDE A DOG OR CAT OR OTHER DOMESTIC ANIMAL.
  PREVIOUS ATTACKS UPON A HUMAN BEING BY SUCH WILD ANIMAL OR REPTILE, OR
KNOWLEDGE OF THE VICIOUS PROPENSITIES OF SUCH WILD ANIMAL OR REPTILE, ON
THE PART OF THE POSSESSOR OR HARBORER THEREOF, SHALL NOT BE REQUIRED  TO
BE  PROVEN  BY  THE PEOPLE UPON A PROSECUTION HEREUNDER; AND NEITHER THE
FACT THAT SUCH WILD ANIMAL OR REPTILE  HAS  NOT  PREVIOUSLY  ATTACKED  A
HUMAN  BEING,  NOR LACK OF KNOWLEDGE OF THE VICIOUS PROPENSITIES OF SUCH
WILD ANIMAL OR REPTILE ON THE PART OF THE OWNER, POSSESSOR  OR  HARBORER
THEREOF SHALL CONSTITUTE A DEFENSE TO A PROSECUTION HEREUNDER.
S 236.26 POWERS OF PEACE OFFICERS.
  A  CONSTABLE  OR  POLICE OFFICER MUST, AND ANY AGENT OR OFFICER OF ANY
DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO  ANIMALS  MAY
ISSUE  AN  APPEARANCE  TICKET PURSUANT TO SECTION 150.20 OF THE CRIMINAL
PROCEDURE LAW, SUMMON OR ARREST, AND BRING BEFORE A COURT OR  MAGISTRATE
HAVING  JURISDICTION, ANY PERSON OFFENDING AGAINST ANY OF THE PROVISIONS
OF THIS ARTICLE.  ANY OFFICER OR AGENT OF  ANY  OF  SAID  SOCIETIES  MAY
LAWFULLY  INTERFERE  TO  PREVENT  THE PERPETRATION OF ANY ACT OF CRUELTY
UPON ANY ANIMAL IN HIS PRESENCE. ANY OF  SAID  SOCIETIES  MAY  PREFER  A
COMPLAINT  BEFORE ANY COURT, TRIBUNAL OR MAGISTRATE HAVING JURISDICTION,
FOR THE VIOLATION OF ANY LAW RELATING TO OR AFFECTING  ANIMALS  AND  MAY
AID  IN  PRESENTING  THE  LAW  AND  FACTS BEFORE SUCH COURT, TRIBUNAL OR
MAGISTRATE IN ANY PROCEEDING TAKEN.
S 236.27 ISSUANCE OF WARRANTS UPON COMPLAINT.
  UPON COMPLAINT UNDER OATH OR AFFIRMATION TO ANY MAGISTRATE  AUTHORIZED
TO  ISSUE  WARRANTS IN CRIMINAL CASES, THAT THE COMPLAINANT HAS JUST AND
REASONABLE CAUSE TO SUSPECT THAT ANY OF THE PROVISIONS OF  LAW  RELATING
TO OR IN ANY WAY AFFECTING ANIMALS ARE BEING OR ARE ABOUT TO BE VIOLATED
IN  ANY  PARTICULAR BUILDING OR PLACE, SUCH MAGISTRATE SHALL IMMEDIATELY
ISSUE AND DELIVER A WARRANT TO ANY PERSON  AUTHORIZED  BY  LAW  TO  MAKE
ARRESTS  FOR  SUCH  OFFENSES,  AUTHORIZING  HIM TO ENTER AND SEARCH SUCH
BUILDING OR PLACE, AND TO ARREST ANY PERSON THERE PRESENT FOUND  VIOLAT-

A. 9781                            12

ING ANY OF SAID LAWS, AND TO BRING SUCH PERSON BEFORE THE NEAREST MAGIS-
TRATE OF COMPETENT JURISDICTION, TO BE DEALT WITH ACCORDING TO LAW.
S 236.28 SEIZURE  OF  ANIMALS  LOST,  STRAYED,  HOMELESS,  ABANDONED  OR
           IMPROPERLY CONFINED OR KEPT.
  1. ANY POLICE OFFICER OR AGENT OR OFFICER OF THE AMERICAN SOCIETY  FOR
THE  PREVENTION  OF  CRUELTY TO ANIMALS OR ANY DULY INCORPORATED SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, MAY LAWFULLY  TAKE  POSSESSION
OF  ANY LOST, STRAYED, HOMELESS OR ABANDONED ANIMAL FOUND IN ANY STREET,
ROAD OR OTHER PUBLIC PLACE.
  1-A. ANY POLICE OFFICER IN LEWIS COUNTY MAY LAWFULLY  TAKE  POSSESSION
OF  ANY LOST, STRAYED, HOMELESS OR ABANDONED DOMESTIC ANIMAL, AS DEFINED
IN SECTION ONE HUNDRED EIGHT OF THE AGRICULTURE AND MARKETS  LAW,  FOUND
IN ANY STREET, ROAD OR OTHER PUBLIC PLACE.
  2.  ANY SUCH POLICE OFFICER OR AGENT OR OFFICER MAY ALSO LAWFULLY TAKE
POSSESSION OF ANY ANIMAL IN OR UPON ANY PREMISES OTHER  THAN  A  STREET,
ROAD  OR OTHER PUBLIC PLACE, WHICH FOR MORE THAN TWELVE SUCCESSIVE HOURS
HAS BEEN CONFINED OR KEPT IN A CROWDED  OR  UNHEALTHY  CONDITION  OR  IN
UNHEALTHFUL  OR  UNSANITARY  SURROUNDINGS  OR  NOT PROPERLY CARED FOR OR
WITHOUT NECESSARY SUSTENANCE, FOOD OR DRINK, PROVIDED THAT  A  COMPLAINT
STATING JUST AND REASONABLE GROUNDS IS MADE UNDER OATH OR AFFIRMATION TO
ANY  MAGISTRATE AUTHORIZED TO ISSUE WARRANTS IN CRIMINAL CASES, AND THAT
SUCH WARRANT AUTHORIZING ENTRY AND SEARCH IS  ISSUED  AND  DELIVERED  BY
SUCH  MAGISTRATE;  IF JUST AND REASONABLE CAUSE IS SHOWN, THE MAGISTRATE
SHALL IMMEDIATELY ISSUE SUCH WARRANT.
  3. ANY SUCH POLICE OFFICER OR AGENT OR OFFICER MAY ALSO LAWFULLY  TAKE
POSSESSION  OF  ANY  UNWANTED  ANIMAL  FROM  THE PERSON IN POSSESSION OR
CUSTODY THEREOF.
  4. WHEN ANY PERSON ARRESTED IS, AT THE TIME OF SUCH ARREST, IN  CHARGE
OF  ANY  ANIMAL OR OF ANY VEHICLE DRAWN BY OR CONTAINING ANY ANIMAL, ANY
AGENT OR OFFICER OF SAID SOCIETY OR SOCIETIES OR ANY POLICE OFFICER  MAY
TAKE  CHARGE  OF  SUCH  ANIMAL AND OF SUCH VEHICLE AND ITS CONTENTS, AND
DEPOSIT THE SAME IN A SAFE PLACE OR CUSTODY, OR DELIVER  THE  SAME  INTO
THE  POSSESSION  OF THE POLICE OR SHERIFF OF THE COUNTY OR PLACE WHEREIN
SUCH ARREST WAS MADE, WHO SHALL THEREUPON ASSUME  THE  CUSTODY  THEREOF;
AND  ALL  NECESSARY  EXPENSES INCURRED IN TAKING CHARGE OF SUCH PROPERTY
SHALL BE A CHARGE THEREON.
  5. NOTHING HEREIN CONTAINED  SHALL  RESTRICT  THE  RIGHTS  AND  POWERS
DERIVED FROM SECTION ONE HUNDRED EIGHTEEN OF THE AGRICULTURE AND MARKETS
LAW  RELATING  TO  SEIZURE  OF UNLICENSED DOGS AND THE DISPOSITION TO BE
MADE OF ANIMALS SO SEIZED OR TAKEN, NOR THOSE  DERIVED  FROM  ANY  OTHER
GENERAL  OR  SPECIAL LAW RELATING TO THE SEIZURE OR OTHER TAKING OF DOGS
AND OTHER ANIMALS BY A SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.
  6. A. IF ANY ANIMAL IS SEIZED AND IMPOUNDED PURSUANT TO THE PROVISIONS
OF THIS SECTION OR SECTION 236.30 OF THIS ARTICLE FOR ANY  VIOLATION  OF
THIS  ARTICLE, UPON ARRAIGNMENT OF CHARGES THE DULY INCORPORATED SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND,  ANIMAL
SHELTER  OR  ANY  AUTHORIZED AGENTS THEREOF, HEREINAFTER REFERRED TO FOR
THE PURPOSES OF THIS SECTION AS THE "IMPOUNDING ORGANIZATION", MAY  FILE
A PETITION WITH THE COURT REQUESTING THAT THE PERSON FROM WHOM AN ANIMAL
IS  SEIZED OR THE OWNER OF THE ANIMAL BE ORDERED TO POST A SECURITY. THE
SECURITY SHALL BE IN AN AMOUNT SUFFICIENT  TO  SECURE  PAYMENT  FOR  ALL
REASONABLE  EXPENSES EXPECTED TO BE INCURRED BY THE IMPOUNDING ORGANIZA-
TION IN CARING AND PROVIDING FOR THE ANIMAL PENDING DISPOSITION  OF  THE
CHARGES.    REASONABLE  EXPENSES  SHALL  INCLUDE, BUT NOT BE LIMITED TO,
ESTIMATED MEDICAL CARE AND BOARDING OF THE ANIMAL FOR  AT  LEAST  THIRTY
DAYS.  THE  AMOUNT  OF  THE SECURITY, IF ANY, SHALL BE DETERMINED BY THE

A. 9781                            13

COURT AFTER TAKING INTO CONSIDERATION ALL OF THE FACTS AND CIRCUMSTANCES
OF THE CASE INCLUDING, BUT NOT LIMITED  TO  THE  RECOMMENDATION  OF  THE
IMPOUNDING ORGANIZATION HAVING CUSTODY AND CARE OF THE SEIZED ANIMAL AND
THE  COST  OF  CARING  FOR  THE ANIMAL. IF A SECURITY HAS BEEN POSTED IN
ACCORDANCE WITH THIS SECTION, THE IMPOUNDING ORGANIZATION MAY DRAW  FROM
THE  SECURITY  THE ACTUAL REASONABLE COSTS TO BE INCURRED BY SUCH ORGAN-
IZATION IN CARING FOR THE SEIZED ANIMAL.
  B. (I) UPON RECEIPT OF A PETITION PURSUANT  TO  PARAGRAPH  A  OF  THIS
SUBDIVISION  THE  COURT  SHALL  SET  A  HEARING  ON  THE  PETITION TO BE
CONDUCTED WITHIN TEN BUSINESS DAYS OF THE FILING OF SUCH  PETITION.  THE
PETITIONER  SHALL  SERVE  A TRUE COPY OF THE PETITION UPON THE DEFENDANT
AND THE DISTRICT ATTORNEY. THE PETITIONER SHALL ALSO SERVE A  TRUE  COPY
OF  THE PETITION ON ANY INTERESTED PERSON. FOR PURPOSES OF THIS SUBDIVI-
SION, INTERESTED PERSON SHALL MEAN  AN  INDIVIDUAL,  PARTNERSHIP,  FIRM,
JOINT  STOCK  COMPANY,  CORPORATION, ASSOCIATION, TRUST, ESTATE OR OTHER
LEGAL ENTITY WHO THE COURT DETERMINES MAY HAVE A PECUNIARY  INTEREST  IN
THE  ANIMAL  WHICH  IS THE SUBJECT OF THE PETITION. THE PETITIONER SHALL
HAVE THE BURDEN OF PROVING BY A PREPONDERANCE OF THE EVIDENCE  THAT  THE
PERSON  FROM  WHOM  THE  ANIMAL  WAS SEIZED VIOLATED A PROVISION OF THIS
ARTICLE. THE COURT MAY WAIVE FOR GOOD CAUSE SHOWN THE POSTING OF SECURI-
TY.
  (II) IF THE COURT ORDERS THE POSTING OF A SECURITY, THE SECURITY SHALL
BE POSTED WITH THE CLERK OF THE COURT WITHIN FIVE BUSINESS DAYS  OF  THE
HEARING  PROVIDED  FOR  IN SUBPARAGRAPH ONE OF THIS PARAGRAPH. THE COURT
MAY ORDER THE IMMEDIATE FORFEITURE OF THE SEIZED ANIMAL TO THE  IMPOUND-
ING  ORGANIZATION IF THE PERSON ORDERED TO POST THE SECURITY FAILS TO DO
SO.   ANY ANIMAL FORFEITED SHALL  BE  MADE  AVAILABLE  FOR  ADOPTION  OR
EUTHANIZED  SUBJECT  TO SUBDIVISION SEVEN-A OF SECTION ONE HUNDRED EIGH-
TEEN OF THE AGRICULTURE AND MARKETS LAW OR SECTION 236.29 OF THIS  ARTI-
CLE.
  (III)  IN  THE CASE OF AN ANIMAL OTHER THAN A COMPANION ANIMAL OR PET,
IF A PERSON ORDERED TO POST SECURITY FAILS TO DO SO, THE COURT  MAY,  IN
ADDITION  TO  THE  FORFEITURE  TO  A  DULY  INCORPORATED SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND, ANIMAL  SHELTER
OR  ANY  AUTHORIZED  AGENTS  THEREOF, AND SUBJECT TO THE RESTRICTIONS OF
SECTIONS 236.06, 236.09 AND 236.29 OF THIS  ARTICLE,  ORDER  THE  ANIMAL
WHICH  WAS  THE  BASIS OF THE ORDER TO BE SOLD, PROVIDED THAT ALL INTER-
ESTED PERSONS SHALL FIRST BE PROVIDED THE OPPORTUNITY  TO  REDEEM  THEIR
INTEREST  IN  THE  ANIMAL  AND  TO  PURCHASE  THE INTEREST OF THE PERSON
ORDERED TO POST SECURITY, SUBJECT TO SUCH CONDITIONS AS THE COURT  DEEMS
APPROPRIATE TO ASSURE PROPER CARE AND TREATMENT OF THE ANIMAL. THE COURT
MAY  REIMBURSE  THE  PERSON  ORDERED TO POST SECURITY AND ANY INTERESTED
PERSONS ANY MONEY EARNED BY THE  SALE  OF  THE  ANIMAL  LESS  ANY  COSTS
INCLUDING, BUT NOT LIMITED TO, VETERINARY AND CUSTODIAL CARE. ANY ANIMAL
DETERMINED BY THE COURT TO BE MAIMED, DISEASED, DISABLED OR INFIRM SO AS
TO  BE UNFIT FOR SALE OR ANY USEFUL PURPOSE SHALL BE FORFEITED TO A DULY
INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR A  DULY
INCORPORATED  HUMANE SOCIETY OR AUTHORIZED AGENTS THEREOF, AND BE AVAIL-
ABLE FOR ADOPTION OR SHALL BE EUTHANIZED SUBJECT TO  SECTION  236.29  OF
THIS ARTICLE.
  (IV)  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT
IN ANY WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY  INTEREST  IN
ANY  ANIMAL  DESCRIBED  IN THIS SECTION. THIS SECTION EXPRESSLY DOES NOT
IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
RITY INTEREST IN THE ANIMAL OR IN THE PROCEEDS FROM  THE  SALE  OF  SUCH
ANIMAL.

A. 9781                            14

  C.  IN NO EVENT SHALL THE SECURITY PREVENT THE IMPOUNDING ORGANIZATION
HAVING CUSTODY AND CARE OF THE  ANIMAL  FROM  DISPOSING  OF  THE  ANIMAL
PURSUANT  TO  SECTION  236.29 OF THIS ARTICLE PRIOR TO THE EXPIRATION OF
THE THIRTY DAY PERIOD COVERED BY THE  SECURITY  IF  THE  COURT  MAKES  A
DETERMINATION OF THE CHARGES AGAINST THE PERSON FROM WHOM THE ANIMAL WAS
SEIZED  PRIOR  THERETO.  UPON  RECEIPT OF A PETITION FROM THE IMPOUNDING
ORGANIZATION, THE COURT MAY ORDER THE PERSON FROM WHOM  THE  ANIMAL  WAS
SEIZED  OR  THE  OWNER OF THE ANIMAL TO POST AN ADDITIONAL SECURITY WITH
THE CLERK OF THE COURT TO SECURE PAYMENT OF REASONABLE EXPENSES  FOR  AN
ADDITIONAL  PERIOD  OF  TIME PENDING A DETERMINATION BY THE COURT OF THE
CHARGES AGAINST THE PERSON FROM WHOM THE ANIMAL WAS SEIZED.  THE  PERSON
WHO POSTED THE SECURITY SHALL BE ENTITLED TO A REFUND OF THE SECURITY IN
WHOLE OR PART FOR ANY EXPENSES NOT INCURRED BY SUCH IMPOUNDING ORGANIZA-
TION UPON ADJUDICATION OF THE CHARGES. THE PERSON WHO POSTED THE SECURI-
TY  SHALL  BE  ENTITLED  TO  A  FULL  REFUND  OF THE SECURITY, INCLUDING
REIMBURSEMENT BY THE IMPOUNDING ORGANIZATION OF ANY  AMOUNT  ALLOWED  BY
THE  COURT  TO  BE  EXPENDED,  AND  THE  RETURN OF THE ANIMAL SEIZED AND
IMPOUNDED UPON ACQUITTAL OR DISMISSAL OF THE CHARGES, EXCEPT  WHERE  THE
DISMISSAL  IS  BASED  UPON  AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL
PURSUANT TO SECTION 215.30 OF THE  CRIMINAL  PROCEDURE  LAW.  THE  COURT
ORDER  DIRECTING SUCH REFUND AND REIMBURSEMENT SHALL PROVIDE FOR PAYMENT
TO BE MADE WITHIN A REASONABLE TIME FROM THE ACQUITTAL OR  DISMISSAL  OF
CHARGES.
  7.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
RY, THE COURT MAY ORDER A PERSON CHARGED  WITH  ANY  VIOLATION  OF  THIS
ARTICLE  TO  PROVIDE  NECESSARY  FOOD,  WATER,  SHELTER AND CARE FOR ANY
ANIMAL WHICH IS THE BASIS OF THE CHARGE,  WITHOUT  THE  REMOVAL  OF  THE
ANIMAL  FROM ITS EXISTING LOCATION, UNTIL THE CHARGES AGAINST THE PERSON
ARE ADJUDICATED.  UNTIL A FINAL DETERMINATION OF THE  CHARGES  IS  MADE,
ANY  LAW ENFORCEMENT OFFICER, OFFICER OF A DULY INCORPORATED SOCIETY FOR
THE PREVENTION OF CRUELTY TO ANIMALS, OR ITS AUTHORIZED AGENTS,  MAY  BE
AUTHORIZED  BY AN ORDER OF THE COURT TO MAKE REGULAR VISITS TO WHERE THE
ANIMAL IS BEING KEPT TO ASCERTAIN IF THE ANIMAL IS  RECEIVING  NECESSARY
FOOD, WATER, SHELTER AND CARE. NOTHING SHALL PREVENT ANY LAW ENFORCEMENT
OFFICER,  OFFICER  OF  A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS, OR  ITS  AUTHORIZED  AGENTS,  FROM  APPLYING  FOR  A
WARRANT  PURSUANT  TO THIS SECTION TO SEIZE ANY ANIMAL BEING HELD BY THE
PERSON CHARGED PENDING THE ADJUDICATION OF THE CHARGES IF IT  IS  DETER-
MINED  THAT THE ANIMAL IS NOT RECEIVING THE NECESSARY FOOD, WATER, SHEL-
TER OR CARE.
S 236.29 HUMANE  DESTRUCTION  OR  OTHER  DISPOSITION  OF  ANIMALS  LOST,
           STRAYED, HOMELESS, ABANDONED OR IMPROPERLY CONFINED OR KEPT.
  1.  ANY AGENT OR OFFICER OF THE AMERICAN SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS,  OR  OF  ANY  SOCIETY  DULY  INCORPORATED  FOR  THAT
PURPOSE,  OR  ANY  POLICE  OFFICER, MAY LAWFULLY AND HUMANELY DESTROY OR
CAUSE TO BE HUMANELY DESTROYED ANY ANIMAL FOUND ABANDONED AND NOT  PROP-
ERLY  CARED  FOR,  OR ANY LOST, STRAYED, HOMELESS OR UNWANTED ANIMAL, IF
UPON EXAMINATION A LICENSED VETERINARY SURGEON SHALL CERTIFY IN WRITING,
OR IF TWO REPUTABLE CITIZENS CALLED BY HIM TO VIEW THE SAME IN HIS PRES-
ENCE FIND THAT THE ANIMAL IS SO MAIMED, DISEASED, DISABLED, OR INFIRM SO
AS TO BE UNFIT FOR ANY USEFUL PURPOSE; OR AFTER SUCH  AGENT  OR  OFFICER
HAS  OBTAINED  IN  WRITING  FROM THE OWNER OF SUCH ANIMAL HIS CONSENT TO
SUCH DESTRUCTION.
  2. IN THE ABSENCE OF SUCH FINDINGS OR CERTIFICATE THE AMERICAN SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS OR ANY  SOCIETY  DULY  INCORPO-
RATED  FOR  THAT PURPOSE MAY AFTER FIVE DAYS HUMANELY DESTROY ANY ANIMAL

A. 9781                            15

OF WHICH POSSESSION IS TAKEN AS PROVIDED FOR IN SECTION 236.28  OF  THIS
SECTION, UNLESS THE SAME IS EARLIER REDEEMED BY ITS OWNER.
  2-A. THE USE OF A DECOMPRESSION CHAMBER OR DECOMPRESSION DEVICE OF ANY
KIND  IS  HEREBY  DECLARED  TO  BE INHUMANE WHEN USED FOR THE PURPOSE OF
DESTROYING AN ANIMAL AND IS HEREBY PROHIBITED.
  2-B. NO PERSON SHALL EUTHANIZE ANY DOG OR CAT WITH T-61,  CURARE,  ANY
CURARIFORM DRUG, ANY NEURO-MUSCULAR BLOCKING AGENT OR ANY OTHER PARALYZ-
ING DRUG.
  2-C.  NO  PERSON  SHALL EUTHANIZE A DOG OR CAT BY GUNSHOT EXCEPT AS AN
EMERGENCY PROCEDURE FOR A DANGEROUS DOG OR A SEVERELY INJURED DOG OR CAT
THAT IS SUFFERING AND CANNOT OTHERWISE BE AIDED.
  2-D. NO PERSON SHALL EUTHANIZE A DOG OR CAT BY GAS  EMITTED  FROM  ANY
ENGINE EXHAUST SYSTEM.
  2-E.  NO  PERSON  SHALL  RELEASE  ANY  DOG  OR CAT FROM THE CUSTODY OR
CONTROL OF ANY POUND, SHELTER, SOCIETY FOR THE PREVENTION OF CRUELTY  TO
ANIMALS,  HUMANE  SOCIETY, DOG PROTECTIVE ASSOCIATION, DOG CONTROL OFFI-
CER, PEACE OFFICER OR ANY AGENT THEREOF, FOR ANY PURPOSE EXCEPT ADOPTION
OR REDEMPTION BY ITS OWNER.
  ANY VIOLATION OF THIS SUBDIVISION, OR SUBDIVISION TWO-A, TWO-B,  TWO-C
OR  TWO-D  OF  THIS  SECTION SHALL CONSTITUTE A MISDEMEANOR AND SHALL BE
PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A  FINE  OF
NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
  3.  IN LIEU OF SUCH DESTRUCTION OR REDEMPTION, SUCH SOCIETY MAY IN ITS
DISCRETION LAWFULLY  AND  WITHOUT  LIABILITY  DELIVER  SUCH  ANIMAL  FOR
ADOPTION  TO  AN  INDIVIDUAL  OTHER  THAN  THE  OWNER AFTER THE TIME FOR
REDEMPTION HAS EXPIRED.
  4. PRIOR TO SUCH DESTRUCTION OR OTHER DISPOSITION, THE  OWNER  OF  THE
ANIMAL  MAY  REDEEM  THE  SAME UPON PROVING TITLE TO THE SATISFACTION OF
SUCH SOCIETY AND PAYING SUCH SOCIETY SUCH AMOUNT, APPROVED BY  A  MAGIS-
TRATE,  AS  MAY  HAVE  BEEN  REASONABLY  EXPENDED  BY  SUCH  SOCIETY  IN
CONNECTION WITH THE CARE AND MAINTENANCE THEREOF.
  5. A.  IN  ADDITION  TO  ANY  OTHER  PENALTY  PROVIDED  BY  LAW,  UPON
CONVICTION  FOR ANY VIOLATION OF SECTION 236.01, 236.02, 236.03, 236.04,
236.07, 236.08, 236.12, 236.14, 236.15, 236.19 OR 236.23 OF  THIS  ARTI-
CLE,  THE  CONVICTED  PERSON  MAY, AFTER A DULY HELD HEARING PURSUANT TO
PARAGRAPH F OF THIS SUBDIVISION, BE ORDERED BY THE COURT TO FORFEIT,  TO
A  DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR
A DULY INCORPORATED HUMANE SOCIETY OR  AUTHORIZED  AGENTS  THEREOF,  THE
ANIMAL  OR  ANIMALS  WHICH ARE THE BASIS OF THE CONVICTION. UPON SUCH AN
ORDER OF FORFEITURE, THE CONVICTED PERSON SHALL BE DEEMED TO HAVE RELIN-
QUISHED ALL RIGHTS TO THE ANIMALS WHICH ARE THE BASIS OF THE CONVICTION,
EXCEPT THOSE GRANTED IN PARAGRAPH D OF THIS SUBDIVISION.
  B. PURSUANT TO THE PROVISIONS OF SUBDIVISIONS TWO-A, TWO-B, TWO-C  AND
TWO-D  OF  THIS SECTION, NO DOG OR CAT IN THE CUSTODY OF A DULY INCORPO-
RATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, A DULY  INCORPO-
RATED  HUMANE  SOCIETY  OR  ITS AUTHORIZED AGENTS THEREOF, OR A POUND OR
SHELTER, SHALL BE SOLD, TRANSFERRED OR OTHERWISE MADE AVAILABLE  TO  ANY
PERSON  FOR  THE  PURPOSE  OF  RESEARCH,  EXPERIMENTATION OR TESTING. NO
AUTHORIZED AGENT OF A DULY INCORPORATED SOCIETY FOR  THE  PREVENTION  OF
CRUELTY TO ANIMALS, NOR OF A DULY INCORPORATED HUMANE SOCIETY, SHALL USE
ANY  ANIMAL  PLACED  IN ITS CUSTODY BY THE DULY INCORPORATED SOCIETY FOR
THE PREVENTION OF CRUELTY TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY
FOR THE PURPOSE OF RESEARCH, EXPERIMENTATION OR TESTING.
  C. THE COURT MAY ADDITIONALLY ORDER THAT THE CONVICTED PERSON  OR  ANY
PERSON DWELLING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR ABETTED IN
THE  UNLAWFUL  ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO KNEW OR

A. 9781                            16

SHOULD HAVE KNOWN OF THE UNLAWFUL ACT, SHALL NOT OWN,  HARBOR,  OR  HAVE
CUSTODY  OR CONTROL OF ANY OTHER ANIMALS, OTHER THAN FARM ANIMALS, FOR A
PERIOD OF TIME WHICH THE COURT DEEMS REASONABLE.
  D.  IN  THE  CASE  OF  FARM ANIMALS, THE COURT MAY, IN ADDITION TO THE
FORFEITURE TO A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF  CRUELTY
TO  ANIMALS  OR  A DULY INCORPORATED HUMANE SOCIETY OR AUTHORIZED AGENTS
THEREOF, AND SUBJECT TO THE RESTRICTIONS OF SECTIONS 236.06  AND  236.09
OF  THIS  ARTICLE,  ORDER  THE  FARM ANIMALS WHICH WERE THE BASIS OF THE
CONVICTION TO BE SOLD. IN NO CASE SHALL FARM ANIMALS WHICH ARE THE BASIS
OF THE CONVICTION BE REDEEMED BY THE CONVICTED PERSON WHO IS THE SUBJECT
OF THE ORDER OF FORFEITURE OR BY ANY PERSON DWELLING IN THE SAME  HOUSE-
HOLD  WHO  CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE
BASIS OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE  UNLAW-
FUL  ACT.  THE  COURT  SHALL REIMBURSE THE CONVICTED PERSON AND ANY DULY
DETERMINED INTERESTED PERSONS, PURSUANT TO PARAGRAPH F OF THIS  SUBDIVI-
SION,  ANY  MONEY  EARNED BY THE SALE OF THE FARM ANIMALS LESS ANY COSTS
INCLUDING, BUT NOT LIMITED TO, VETERINARY AND CUSTODIAL  CARE,  AND  ANY
FINES  OR  PENALTIES  IMPOSED BY THE COURT. THE COURT MAY ORDER THAT THE
SUBJECT ANIMALS BE PROVIDED WITH APPROPRIATE CARE AND TREATMENT  PENDING
THE  HEARING AND THE DISPOSITION OF THE CHARGES. ANY FARM ANIMAL ORDERED
FORFEITED BUT NOT SOLD SHALL BE REMANDED TO THE CUSTODY AND CHARGE OF  A
DULY  INCORPORATED  SOCIETY  FOR THE PREVENTION OF CRUELTY TO ANIMALS OR
DULY INCORPORATED HUMANE SOCIETY OR ITS  AUTHORIZED  AGENT  THEREOF  AND
DISPOSED OF PURSUANT TO PARAGRAPH E OF THIS SUBDIVISION.
  E.  A  DULY  INCORPORATED  SOCIETY  FOR  THE  PREVENTION OF CRUELTY TO
ANIMALS OR A DULY INCORPORATED  HUMANE  SOCIETY  IN  CHARGE  OF  ANIMALS
FORFEITED  PURSUANT  TO  PARAGRAPH  A  OF  THIS  SUBDIVISION MAY, IN ITS
DISCRETION, LAWFULLY AND WITHOUT LIABILITY, ADOPT  THEM  TO  INDIVIDUALS
OTHER THAN THE CONVICTED PERSON OR PERSON DWELLING IN THE SAME HOUSEHOLD
WHO  CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE BASIS
OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE UNLAWFUL ACT,
OR HUMANELY DISPOSE OF THEM ACCORDING TO THE PROVISIONS OF  SUBDIVISIONS
TWO-A, TWO-B, TWO-C, AND TWO-D OF THIS SECTION.
  F.  (I)  PRIOR  TO  AN  ORDER OF FORFEITURE OF FARM ANIMALS, A HEARING
SHALL BE HELD WITHIN THIRTY DAYS OF CONVICTION, TO DETERMINE THE PECUNI-
ARY INTERESTS OF ANY OTHER PERSON IN THE FARM  ANIMALS  WHICH  WERE  THE
BASIS  OF  THE  CONVICTION. WRITTEN NOTICE SHALL BE SERVED AT LEAST FIVE
DAYS PRIOR TO THE HEARING UPON  ALL  INTERESTED  PERSONS.  IN  ADDITION,
NOTICE  SHALL BE MADE BY PUBLICATION IN A LOCAL NEWSPAPER AT LEAST SEVEN
DAYS PRIOR TO THE HEARING. FOR THE PURPOSES OF THIS SUBDIVISION,  INTER-
ESTED  PERSONS SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, FIRM, JOINT STOCK
COMPANY, CORPORATION, ASSOCIATION, TRUST, ESTATE, OR OTHER LEGAL  ENTITY
WHO  THE  COURT  DETERMINES  MAY  HAVE  A PECUNIARY INTEREST IN THE FARM
ANIMALS WHICH ARE THE SUBJECT OF THE FORFEITURE ACTION.
  (II) ALL INTERESTED PERSONS SHALL BE PROVIDED AN  OPPORTUNITY  AT  THE
HEARING  TO  REDEEM  THEIR  INTEREST  AS  DETERMINED BY THE COURT IN THE
SUBJECT FARM ANIMALS AND TO  PURCHASE  THE  INTEREST  OF  THE  CONVICTED
PERSON.  THE  CONVICTED  PERSON  SHALL  BE ENTITLED TO BE REIMBURSED HIS
INTEREST IN THE FARM ANIMALS, LESS ANY COSTS, FINES OR PENALTIES IMPOSED
BY THE COURT, AS SPECIFIED UNDER PARAGRAPH D OF THIS SUBDIVISION. IN  NO
CASE  SHALL  THE  COURT  AWARD  CUSTODY OR CONTROL OF THE ANIMALS TO ANY
INTERESTED PERSON WHO CONSPIRED, AIDED OR ABETTED IN  THE  UNLAWFUL  ACT
WHICH  WAS THE BASIS OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN
OF THE UNLAWFUL ACT.
  G. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT  IN
ANY  WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY INTEREST IN ANY

A. 9781                            17

FARM ANIMAL DESCRIBED IN THIS SECTION.  THIS SECTION EXPRESSLY DOES  NOT
IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
RITY  INTEREST  IN FARM ANIMALS OR IN THE PROCEEDS FROM THE SALE OF SUCH
FARM ANIMALS.
S 236.30 OFFICER  MAY  TAKE  POSSESSION OF ANIMALS OR IMPLEMENTS USED IN
           FIGHTS AMONG ANIMALS.
  ANY OFFICER AUTHORIZED BY  LAW  TO  MAKE  ARRESTS  MAY  LAWFULLY  TAKE
POSSESSION  OF  ANY  ANIMALS,  OR  IMPLEMENTS, OR OTHER PROPERTY USED OR
EMPLOYED, OR ABOUT TO BE USED OR  EMPLOYED,  IN  THE  VIOLATION  OF  ANY
PROVISION OF LAW RELATING TO FIGHTS AMONG ANIMALS. HE SHALL STATE TO THE
PERSON IN CHARGE THEREOF, AT THE TIME OF SUCH TAKING, HIS NAME AND RESI-
DENCE,  AND  ALSO,  THE TIME AND PLACE AT WHICH THE APPLICATION PROVIDED
FOR BY SECTION 236.31 OF THIS ARTICLE WILL BE MADE.
S 236.31 DISPOSITION OF ANIMALS  OR  IMPLEMENTS  USED  IN  FIGHTS  AMONG
           ANIMALS.
  THE  OFFICER,  AFTER TAKING POSSESSION OF SUCH ANIMALS, OR IMPLEMENTS,
OR OTHER PROPERTY, PURSUANT TO SECTION 236.30  OF  THIS  ARTICLE,  SHALL
APPLY TO THE MAGISTRATE BEFORE WHOM COMPLAINT IS MADE AGAINST THE OFFEN-
DER  VIOLATING  SUCH  PROVISION OF LAW, FOR THE ORDER AUTHORIZED BY THIS
SECTION, AND SHALL MAKE AND FILE  AN  AFFIDAVIT  WITH  SUCH  MAGISTRATE,
STATING  THEREIN THE NAME OF THE OFFENDER CHARGED IN SUCH COMPLAINT, THE
TIME, PLACE AND DESCRIPTION OF THE ANIMALS, IMPLEMENTS OR OTHER PROPERTY
SO TAKEN, TOGETHER WITH THE NAME OF THE PARTY WHO CLAIMS  THE  SAME,  IF
KNOWN,  AND  THAT  THE  AFFIANT  HAS REASON TO BELIEVE AND DOES BELIEVE,
STATING THE GROUNDS OF SUCH BELIEF, THAT THE SAME WERE USED OR EMPLOYED,
OR WERE ABOUT TO BE USED OR EMPLOYED, IN SUCH VIOLATION, AND WILL ESTAB-
LISH THE TRUTH THEREOF UPON THE TRIAL OF SUCH OFFENDER.  HE  SHALL  THEN
DELIVER SUCH ANIMALS, IMPLEMENTS, OR OTHER PROPERTY, TO SUCH MAGISTRATE,
WHO  SHALL THEREUPON, BY ORDER IN WRITING, PLACE THE SAME IN THE CUSTODY
OF AN OFFICER OR OTHER PROPER PERSON IN SUCH ORDER NAMED AND DESIGNATED,
TO BE BY HIM KEPT UNTIL THE TRIAL OR FINAL DISCHARGE  OF  THE  OFFENDER,
AND  SHALL  SEND  A  COPY  OF SUCH ORDER, WITHOUT DELAY, TO THE DISTRICT
ATTORNEY OF THE COUNTY. THE OFFICER OR PERSON SO NAMED AND DESIGNATED IN
SUCH ORDER, SHALL IMMEDIATELY THEREUPON ASSUME SUCH CUSTODY,  AND  SHALL
RETAIN  THE SAME FOR THE PURPOSE OF EVIDENCE UPON SUCH TRIAL, SUBJECT TO
THE ORDER OF THE COURT BEFORE WHICH SUCH OFFENDER  MAY  BE  REQUIRED  TO
APPEAR,  UNTIL HIS FINAL DISCHARGE OR CONVICTION. UPON THE CONVICTION OF
SUCH OFFENDER, THE ANIMALS, IMPLEMENTS,  OR  OTHER  PROPERTY,  SHALL  BE
ADJUDGED  BY THE COURT TO BE FORFEITED. IN THE EVENT OF THE ACQUITTAL OR
FINAL DISCHARGE, WITHOUT CONVICTION, OF SUCH OFFENDER, SUCH COURT SHALL,
ON DEMAND, DIRECT THE DELIVERY OF THE PROPERTY SO HELD IN CUSTODY TO THE
OWNER THEREOF.
S 236.32 DISPOSAL OF DEAD ANIMALS.
  1. THE CARCASSES OF LARGE DOMESTIC ANIMALS, INCLUDING BUT NOT  LIMITED
TO  HORSES,  COWS, SHEEP, SWINE, GOATS AND MULES, WHICH HAVE DIED OTHER-
WISE THAN BY SLAUGHTER, SHALL BE BURIED AT LEAST THREE  FEET  BELOW  THE
SURFACE  OF  THE GROUND OR OTHERWISE DISPOSED OF IN A SANITARY MANNER BY
THE OWNER OF SUCH ANIMALS, WHETHER THE  CARCASSES  ARE  LOCATED  ON  THE
PREMISES  OF  SUCH  OWNER OR ELSEWHERE. SUCH DISPOSAL SHALL BE COMPLETED
WITHIN SEVENTY-TWO HOURS AFTER THE OWNER IS DIRECTED TO  DO  SO  BY  ANY
PEACE OFFICER, ACTING PURSUANT TO HIS SPECIAL DUTIES, POLICE OFFICER, OR
BY  A  DESIGNATED  REPRESENTATIVE OF THE COMMISSIONER OF AGRICULTURE AND
MARKETS.
  2. NOTWITHSTANDING SECTION FORTY-ONE OF THE  AGRICULTURE  AND  MARKETS
LAW,  ANY  VIOLATION  OF THIS SECTION SHALL CONSTITUTE A VIOLATION. THIS

A. 9781                            18

SECTION SHALL NOT APPLY TO ANIMAL CARCASSES  USED  FOR  EXPERIMENTAL  OR
TEACHING PURPOSES.
S 236.33 SPAYING AND NEUTERING OF DOGS AND CATS.
  1.  THE  LEGISLATURE  FINDS THAT THE UNCONTROLLED BREEDING OF DOGS AND
CATS IN THE STATE RESULTS IN AN OVERABUNDANCE OF  PUPPIES  AND  KITTENS.
MORE  PUPPIES  AND  KITTENS ARE PRODUCED THAN RESPONSIBLE HOMES FOR THEM
CAN BE PROVIDED. THIS LEADS TO MANY OF SUCH ANIMALS BECOMING  STRAY  AND
SUFFERING  PRIVATION  AND  DEATH, BEING IMPOUNDED AND DESTROYED AT GREAT
EXPENSE TO THE COMMUNITY AND CONSTITUTING A PUBLIC NUISANCE  AND  HEALTH
HAZARD.  IT  IS THEREFORE DECLARED TO BE THE PUBLIC POLICY OF THIS STATE
THAT EVERY FEASIBLE HUMANE MEANS OF REDUCING THE PRODUCTION OF  UNWANTED
PUPPIES AND KITTENS BE ENCOURAGED.
  2.  NO ANIMAL SHELTER, POUND, DOG CONTROL OFFICER, HUMANE SOCIETY, DOG
OR CAT PROTECTIVE ASSOCIATION, OR  DULY  INCORPORATED  SOCIETY  FOR  THE
PREVENTION  OF  CRUELTY  TO  ANIMALS  SHALL  RELEASE  ANY DOG OR CAT FOR
ADOPTION TO ANY PERSON UNLESS PRIOR THERETO:
  (A) THE DOG OR CAT HAS BEEN SPAYED OR NEUTERED; OR
  (B) THE PERSON INTENDING TO ADOPT THE DOG OR CAT SHALL HAVE EXECUTED A
WRITTEN AGREEMENT WITH THE ANIMAL SHELTER, POUND, DOG  CONTROL  OFFICER,
HUMANE  SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION, OR DULY INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, TO HAVE THE DOG OR CAT
SPAYED OR NEUTERED WITHIN THIRTY DAYS FROM THE ADOPTION DATE, OR IN  THE
CASE  OF  A  DOG OR CAT WHICH HAS NOT YET REACHED SEXUAL MATURITY WITHIN
THIRTY DAYS OF THE DOG OR CAT REACHING SIX MONTHS  OF  AGE.  THE  PERSON
INTENDING TO ADOPT THE DOG OR CAT SHALL DEPOSIT WITH THE ANIMAL SHELTER,
POUND,  DOG CONTROL OFFICER, HUMANE SOCIETY, DOG OR CAT PROTECTIVE ASSO-
CIATION, OR DULY INCORPORATED SOCIETY FOR THE PREVENTION OF  CRUELTY  TO
ANIMALS,  AN AMOUNT OF NOT LESS THAN THIRTY-FIVE DOLLARS.  NOT MORE THAN
EVERY TWO YEARS, THE COMMISSIONER  OF  AGRICULTURE  AND  MARKETS,  AFTER
HOLDING  A  PUBLIC  HEARING,  MAY  RAISE  THE  AMOUNT TO BE DEPOSITED TO
REFLECT RISING COSTS; OR
  (C) THE PERSON INTENDING TO ADOPT THE DOG OR CAT SHALL HAVE EXECUTED A
WRITTEN AGREEMENT WITH THE ANIMAL SHELTER, POUND, DOG  CONTROL  OFFICER,
HUMANE  SOCIETY,  DOG  OR  CAT PROTECTIVE ASSOCIATION OR SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS TO  HAVE  THE  DOG  OR  CAT  SPAYED  OR
NEUTERED  WITHIN THIRTY DAYS FROM THE ADOPTION DATE, OR IN THE CASE OF A
DOG OR CAT WHICH HAS NOT YET REACHED SEXUAL MATURITY, WITHIN THIRTY DAYS
OF THE DOG OR CAT REACHING SIX MONTHS OF AGE. THE  PERSON  INTENDING  TO
ADOPT  THE DOG OR CAT SHALL HAVE PAID AN ADOPTION FEE WHICH INCLUDES THE
COST OF THE SPAY  OR  NEUTER  PROCEDURE.  THE  WRITTEN  AGREEMENT  SHALL
REQUIRE  THAT  THE  ANIMAL  SHELTER,  POUND, DOG CONTROL OFFICER, HUMANE
SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION OR SOCIETY FOR THE PREVENTION
OF CRUELTY TO ANIMALS FROM WHICH THE DOG OR CAT IS ADOPTED BEAR THE COST
OF THE SPAY OR NEUTER PROCEDURE.
  3. FOR THE PURPOSES OF THIS SECTION, THE AGE OF THE ANIMAL AT THE TIME
OF ADOPTION SHALL BE  DETERMINED  BY  THE  ANIMAL  SHELTER,  POUND,  DOG
CONTROL  OFFICER,  HUMANE SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION, OR
DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS  THAT
RELEASES  THE  ANIMAL FOR ADOPTION AND SUCH AGE SHALL BE CLEARLY WRITTEN
ON THE WRITTEN AGREEMENT BY THE ANIMAL SHELTER, POUND, DOG CONTROL OFFI-
CER, HUMANE SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION, OR DULY INCORPO-
RATED SOCIETY FOR THE PREVENTION OF CRUELTY TO  ANIMALS,  PRIOR  TO  THE
AGREEMENT BEING EXECUTED BY THE PERSON ADOPTING THE ANIMAL.
  4.  ANY DEPOSIT COLLECTED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO
OF  THIS  SECTION  THAT  IS  NOT  CLAIMED  WITHIN  NINETY  DAYS  OF  ITS
COLLECTION,  OR IF THE DEPOSIT IS FOR AN ANIMAL UNDER SIX MONTHS OF AGE,

A. 9781                            19

WITHIN SIXTY DAYS AFTER THE ANIMAL HAS REACHED SIX MONTHS OF AGE,  SHALL
BE  DEPOSITED IN THE ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT
TO SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
  DEPOSITS  COLLECTED  PURSUANT  TO  PARAGRAPH (B) OF SUBDIVISION TWO OF
THIS SECTION SHALL BE REFUNDED TO THE ADOPTER UPON PRESENTATION  TO  THE
ANIMAL  SHELTER, POUND, DOG CONTROL OFFICER, HUMANE SOCIETY, DOG AND CAT
PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY FOR THE  PREVENTION
OF CRUELTY TO ANIMALS OF WRITTEN DOCUMENTATION FROM A LICENSED VETERINA-
RIAN  THAT THE DOG OR CAT HAS BEEN SPAYED OR NEUTERED, PROVIDED THAT THE
ANIMAL HAS BEEN SPAYED OR NEUTERED WITHIN  THE  TIME  SPECIFIED  IN  THE
WRITTEN  AGREEMENT,  OR THAT BECAUSE OF OLD AGE OR OTHER HEALTH REASONS,
AS CERTIFIED BY A LICENSED VETERINARIAN EXAMINING THE DOG OR CAT,  SPAY-
ING OR NEUTERING WOULD ENDANGER THE ANIMAL'S LIFE.
  5.  NOTHING  CONTAINED  IN  THIS SECTION SHALL PREVENT ANY TOWN, CITY,
VILLAGE OR COUNTY IN THIS STATE FROM ENACTING A LOCAL LAW  OR  ORDINANCE
REQUIRING  THAT  ANIMAL  SHELTERS,  POUNDS, DOG CONTROL OFFICERS, HUMANE
SOCIETIES, DOG OR CAT  PROTECTIVE  ASSOCIATIONS  AND  DULY  INCORPORATED
SOCIETIES  FOR  THE  PREVENTION  OF CRUELTY TO ANIMALS WITHIN SUCH TOWN,
CITY, VILLAGE OR COUNTY SPAY OR NEUTER DOGS AND CATS PRIOR TO  RELEASING
SUCH ANIMALS FOR ADOPTION, PROVIDED THAT SUCH LOCAL LAW OR ORDINANCE MAY
REQUIRE  SPAYING  OR  NEUTERING AT AN AGE EARLIER, BUT IN NO EVENT LATER
THAN THAT REQUIRED IN THIS SECTION, EXCEPT WHERE BECAUSE OF ADVANCED AGE
OR OTHER HEALTH REASONS, AS CERTIFIED BY A LICENSED VETERINARIAN WHO HAS
EXAMINED THE DOG OR CAT, SPAYING OR NEUTERING WOULD ENDANGER THE LIFE OF
THE ANIMAL. A TOWN, CITY, VILLAGE OR COUNTY IN THIS  STATE  THAT  ENACTS
SUCH  A  LOCAL  LAW  OR ORDINANCE SHALL BE EXEMPT FROM THE PROVISIONS OF
THIS SECTION.
S 236.34 UNLAWFUL TAMPERING WITH ANIMAL RESEARCH.
  1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "INFECTIOUS AGENTS" SHALL BE LIMITED TO THOSE ORGANISMS THAT CAUSE
SERIOUS PHYSICAL INJURY OR DEATH TO HUMANS.
  (B)  "ANIMAL" MEANS ANY WARM OR COLD-BLOODED ANIMAL OR INSECT WHICH IS
BEING USED IN FOOD OR FIBER PRODUCTION, AGRICULTURE, RESEARCH,  TESTING,
OR  EDUCATION, HOWEVER, SHALL NOT INCLUDE ANY ANIMAL HELD PRIMARILY AS A
PET.
  (C) "FACILITY" MEANS ANY  BUILDING,  STRUCTURE,  LABORATORY,  VEHICLE,
PASTURE,  PADDOCK,  POND,  IMPOUNDMENT  OR PREMISES WHERE ANY SCIENTIFIC
RESEARCH, TEST,  EXPERIMENT,  PRODUCTION,  EDUCATION,  OR  INVESTIGATION
INVOLVING  THE  USE OF ANY ANIMAL IS CARRIED OUT, CONDUCTED OR ATTEMPTED
OR WHERE RECORDS OR DOCUMENTS RELATING TO AN ANIMAL OR ANIMAL  RESEARCH,
TESTS,  EXPERIMENTS,  PRODUCTION,  EDUCATION  OR INVESTIGATION ARE MAIN-
TAINED.
  (D) "RELEASE" MEANS TO INTENTIONALLY SET FREE FROM  ANY  FACILITY  ANY
ANIMAL WITHOUT ANY RIGHT, TITLE, OR CLAIM THERETO.
  (E) "ABANDONMENT" MEANS THE INTENTIONAL RELINQUISHMENT OR FORSAKING OF
POSSESSION OR CONTROL OF ANY ANIMAL RELEASED FROM A FACILITY.
  (F)  "PERSON"  MEANS  ANY INDIVIDUAL, FIRM, ORGANIZATION, PARTNERSHIP,
ASSOCIATION OR CORPORATION.
  (G) "SECRET SCIENTIFIC MATERIAL" MEANS A SAMPLE, CULTURE, MICRO-ORGAN-
ISM, SPECIMEN, RECORD, RECORDING, DOCUMENT, DRAWING OR ANY  OTHER  ARTI-
CLE,  MATERIAL,  DEVICE  OR  SUBSTANCE  WHICH  CONSTITUTES,  REPRESENTS,
EVIDENCES, REFLECTS, OR  RECORDS  A  SCIENTIFIC  OR  TECHNICAL  PROCESS,
INVENTION OR FORMULA OR ANY PART OR PHASE THEREOF WHICH IS STORED, TEST-
ED,  STUDIED  OR  EXAMINED  IN  ANY  FACILITY, AND WHICH IS NOT, AND NOT
INTENDED TO BE, AVAILABLE TO ANYONE OTHER THAN  THE  PERSON  OR  PERSONS

A. 9781                            20

RIGHTFULLY IN POSSESSION THEREOF OR SELECTED PERSONS HAVING ACCESS THER-
ETO  WITH  HIS  OR THEIR CONSENT, AND WHEN IT ACCORDS OR MAY ACCORD SUCH
RIGHTFUL POSSESSORS AN ADVANTAGE OVER COMPETITORS OR OTHER  PERSONS  WHO
DO NOT HAVE KNOWLEDGE OR THE BENEFIT THEREOF.
  (H)  "NOTICE"  MEANS  TO  PROVIDE INFORMATION IN SUCH DETAIL TO MAKE A
REASONABLE PERSON AWARE OF THE PRESENCE  IN  A  FACILITY  OF  INFECTIOUS
AGENTS OR SECRET SCIENTIFIC MATERIAL.
  2. NOTICE. ANY PERSON WHO, AFTER NOTICE HAS BEEN GIVEN BY:
  (A) ACTUAL NOTICE IN WRITING OR ORALLY TO THE PERSON; OR
  (B) PROMINENTLY POSTING WRITTEN NOTICE UPON OR IMMEDIATELY ADJACENT TO
THE FACILITY; OR
  (C) NOTICE THAT IS ANNOUNCED UPON ENTRY TO THE FACILITY BY ANY PERSON:
  (I)  KNOWINGLY  OR INTENTIONALLY RELEASES AN ANIMAL FROM A FACILITY OR
CAUSES THE ABANDONMENT OF AN ANIMAL KNOWING THAT SUCH ANIMAL WAS EXPOSED
TO INFECTIOUS AGENTS PRIOR TO SUCH RELEASE OR ABANDONMENT AND WAS  CAPA-
BLE OF TRANSMITTING SUCH INFECTIOUS AGENTS TO HUMANS; OR
  (II)  WITH INTENT TO DO SO, CAUSES LOSS OR DAMAGE TO SECRET SCIENTIFIC
MATERIAL, AND HAVING NO RIGHT TO DO SO  NOR  ANY  REASONABLE  GROUND  TO
BELIEVE  THAT  HE HAS SUCH RIGHT, CAUSES LOSS OF OR DAMAGE TO ANY SECRET
SCIENTIFIC MATERIAL IN AN AMOUNT IN EXCESS OF TWO HUNDRED FIFTY  DOLLARS
AT  A  FACILITY,  SHALL  BE  GUILTY  OF  UNLAWFUL  TAMPERING WITH ANIMAL
RESEARCH. UNLAWFUL TAMPERING WITH ANIMAL RESEARCH IS A CLASS E FELONY.
  3. PRIVATE RIGHT OF ACTION. ANY PERSON WHO VIOLATES ANY  PROVISION  OF
THIS  SECTION  SHALL  BE  LIABLE IN ANY COURT OF COMPETENT JURISDICTION,
INCLUDING SMALL CLAIMS COURT, IN AN AMOUNT EQUAL TO:
  (A) DAMAGES SUSTAINED AS A RESULT OF SUCH VIOLATION OR FIFTY  DOLLARS,
WHICHEVER IS GREATER, FOR EACH VIOLATION;
  (B) SUCH ADDITIONAL PUNITIVE DAMAGES AS THE COURT MAY ALLOW;
  (C) ATTORNEY'S FEES AND COSTS; AND
  (D) COST OF DUPLICATING ANY EXPERIMENT WHICH WAS DAMAGED BY THE UNLAW-
FUL TAMPERING WITH ANIMAL RESEARCH, IF APPLICABLE.
  IN ANY ACTION BROUGHT BY ANY PERSON TO ENFORCE THIS SECTION, THE COURT
MAY,  SUBJECT  TO  ITS  JURISDICTION, ISSUE AN INJUNCTION TO RESTRAIN OR
PREVENT ANY VIOLATION OF THIS SECTION OR ANY  CONTINUANCE  OF  ANY  SUCH
VIOLATION.
S 236.35 PROHIBITION OF THE SELLING OF FUR, HAIR, SKIN OR FLESH OF A DOG
           OR CAT.
  1.  IT  SHALL  BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP OR CORPO-
RATION TO KNOWINGLY IMPORT, SELL, OFFER FOR SALE, MANUFACTURE,  DISTRIB-
UTE,  TRANSPORT  OR  OTHERWISE MARKET OR TRADE IN THE FUR, HAIR, SKIN OR
FLESH OF A DOMESTICATED  DOG  (CANIS  FAMILIARIS)  OR  DOMESTICATED  CAT
(FELIS  CATUS  OR  DOMESTICUS),  WHETHER DOMESTICALLY RAISED OR IMPORTED
FROM ANOTHER COUNTRY, OR ANY PRODUCT OR ITEM CONTAINING OR COMPRISED  OF
THE  FUR,  HAIR, SKIN OR FLESH OF A DOG OR CAT.  AS USED IN THIS SECTION
THE TERM "DOMESTICATED DOG OR CAT" SHALL  NOT  MEAN  OR  INCLUDE  COYOTE
(RANIS  LATRANS),  FOX  (VULPES  VOLPES,  VULPES CINEREOARGENTEUS), LYNX
(FELIS LYNX) OR BOBCAT (FELIS RUFUS).
  2. MANUFACTURERS OR SUPPLIERS  SHALL  PROVIDE  CERTIFICATION  TO  EACH
RETAILER  THAT  ANY  FUR, HAIR, SKIN OR FLESH CONTAINED IN SUCH ITEMS IS
NOT DERIVED FROM DOMESTICATED DOG OR DOMESTICATED CAT.
  3. THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL MAINTAIN A STAND-
ARD FOR THE CERTIFICATION REQUIRED BY THE PROVISIONS OF SUBDIVISION  TWO
OF THIS SECTION.
  4.  A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY
OF UP TO ONE THOUSAND DOLLARS FOR AN INDIVIDUAL AND UP TO FIVE  THOUSAND
DOLLARS  FOR  A  CORPORATION  FOR  THE  FIRST  VIOLATION. ANY SUBSEQUENT

A. 9781                            21

VIOLATION SHALL BE PUNISHABLE BY A CIVIL PENALTY OF  UP  TO  TWENTY-FIVE
THOUSAND DOLLARS.
  5.  ANY  CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION OF LAW ARE
PAYABLE TO THE ANIMAL POPULATION CONTROL FUND  ESTABLISHED  PURSUANT  TO
SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
  6.  (A) NO PROVISION OF THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
INTERFERE WITH ANY PROPERLY CONDUCTED SCIENTIFIC TESTS,  EXPERIMENTS  OR
INVESTIGATIONS  INVOLVING  THE USE OF DOG OR CAT FUR OR FLESH, PERFORMED
OR CONDUCTED IN LABORATORIES OR INSTITUTIONS,  WHICH  ARE  APPROVED  FOR
THESE  PURPOSES  BY  THE STATE COMMISSIONER OF HEALTH IN ACCORDANCE WITH
SECTION 236.02 OF THIS ARTICLE.
  (B) NO PROVISION OF THIS SECTION SHALL BE CONSTRUED  TO  PROHIBIT  ANY
PERSON, FIRM, PARTNERSHIP OR CORPORATION FROM IMPORTING, SELLING, OFFER-
ING  FOR  SALE,  MANUFACTURING, DISTRIBUTING, TRANSPORTING, OR OTHERWISE
MARKETING OR TRADING IN THE FUR, HAIR, SKIN, OR FLESH OF A  DOMESTICATED
DOG  OR CAT FOR THE PURPOSES OF CONDUCTING SCIENTIFIC TESTS, EXPERIMENTS
OR INVESTIGATIONS THAT ARE TO BE PERFORMED OR CONDUCTED IN  LABORATORIES
OR  INSTITUTIONS,  WHICH  ARE APPROVED FOR THESE PURPOSES BY THE COMMIS-
SIONER OF HEALTH IN ACCORDANCE WITH SECTION 236.02 OF THIS ARTICLE.
S 236.36 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES;  EXTREME  TEMPER-
           ATURES.
  1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN
EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM
SUCH  EXTREME  TEMPERATURES  WHERE SUCH CONFINEMENT PLACES THE COMPANION
ANIMAL IN IMMINENT DANGER OF DEATH OR SERIOUS  PHYSICAL  INJURY  DUE  TO
EXPOSURE TO SUCH EXTREME HEAT OR COLD.
  2.  WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED, A
POLICE OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF  A
DULY  INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE THE
ANIMAL OR ANIMALS FROM THE VEHICLE.
  3. POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS  AGENTS
OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM
A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN
THE  VEHICLE,  BEARING THE NAME OF THE OFFICER OR AGENT, AND THE DEPART-
MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
  4. AN ANIMAL OR ANIMALS  REMOVED  FROM  A  VEHICLE  PURSUANT  TO  THIS
SECTION  SHALL,  AFTER  RECEIPT  OF  ANY  NECESSARY EMERGENCY VETERINARY
TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI-
ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE-
OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
  5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE
OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE  OF
NOT  LESS  THAN  FIFTY  DOLLARS  NOR MORE THAN ONE HUNDRED DOLLARS FOR A
FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR  MORE
THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES.
  6. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS
TAKEN  REASONABLY  AND  IN  GOOD FAITH IN CARRYING OUT THE PROVISIONS OF
THIS SECTION.
  7. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT  ANY
OTHER   PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY  OTHER
PROVISIONS OF THIS ARTICLE.
  S 2. Article 26 of the agriculture and markets law is REPEALED.
  S 3. Paragraph (a) of subdivision 24 of section 108 of the agriculture
and markets law, as amended by chapter 392  of  the  laws  of  2004,  is
amended to read as follows:

A. 9781                            22

  (a)  "Dangerous  dog"  means  any  dog which (i) without justification
attacks a person, companion animal as defined  in  subdivision  five  of
section  [three  hundred fifty of this chapter] 236.00 OF THE PENAL LAW,
farm animal as defined in subdivision four  of  section  [three  hundred
fifty  of  this  chapter]  236.00 OF THE PENAL LAW or domestic animal as
defined in subdivision seven of this section and causes physical  injury
or  death,  or  (ii) behaves in a manner which a reasonable person would
believe poses a serious and unjustified imminent threat of serious phys-
ical injury or death to one or more  persons,  companion  animals,  farm
animals  or  domestic  animals  or (iii) without justification attacks a
service dog, guide dog or hearing dog  and  causes  physical  injury  or
death.
  S  4. Paragraph (b) of subdivision 2 of section 121 of the agriculture
and markets law, as amended by chapter 392  of  the  laws  of  2004,  is
amended to read as follows:
  (b)  secure, humane confinement of the dog for a period of time and in
a manner deemed appropriate by the court  but  in  all  instances  in  a
manner  designed  to:  (1)  prevent  escape  of the dog, (2) protect the
public from unauthorized contact with the dog, and (3)  to  protect  the
dog  from  the elements pursuant to section [three hundred fifty-three-b
of this chapter] 236.04 OF THE PENAL LAW.   Such confinement  shall  not
include lengthy periods of tying or chaining;
  S  5.  Subparagraph  2  of  paragraph  (f) of subdivision 1 of section
530.12 of the criminal procedure law, as added by  chapter  253  of  the
laws of 2006, is amended to read as follows:
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S 6. Subparagraph 2 of paragraph (c) of subdivision 1 and subparagraph
2  of  paragraph  (c) of subdivision 4 of section 530.13 of the criminal
procedure law, as added by chapter 253 of the laws of 2006, are  amended
to read as follows:
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S  7. The opening paragraph of paragraph e of subdivision 6 of section
11-0103 of the environmental conservation law, as amended by chapter  10
of the laws of 2005, is amended to read as follows:
  "Wild  animal"  shall  not  include  "companion  animal" as defined in
section [three hundred fifty of the agriculture and markets]  236.00  OF
THE  PENAL  law.  Wild animal includes, and is limited to, any or all of
the following orders and families:
  S 8. Paragraph f of subdivision 9 of section 11-0917 of  the  environ-
mental  conservation law, as amended by chapter 432 of the laws of 1997,
is amended to read as follows:
  f. No live wolf, coyote,  coydog,  fox,  skunk,  venomous  reptile  or
raccoon  shall  be  possessed  or transported, except under a license or
permit issued by the department.   Every such license  or  permit  shall
contain  a prominent notice thereon warning the licensee or permittee of
his or her duty to exercise due care in  safeguarding  the  public  from
attack by such wild animal or venomous reptile and that failure to do so
is  a  crime under section [three hundred seventy of the agriculture and
markets] 236.25 OF THE PENAL law.  The provisions of the  opening  para-

A. 9781                            23

graph  of section [three hundred seventy of the agriculture and markets]
236.25 OF THE PENAL law except the last sentence thereof  shall  be  set
forth  on  such  license  or  permit  immediately following such warning
notice.
  S  9.  Subdivision 6 of section 399-aa of the general business law, as
added by chapter 573 of the laws of 2002, is amended to read as follows:
  6. (a) No provision of this section shall be construed to prohibit  or
interfere  with  any properly conducted scientific tests, experiments or
investigations involving the use of dog or cat fur or  flesh,  performed
or  conducted  in  laboratories  or institutions, which are approved for
these purposes by the state commissioner of health  in  accordance  with
section  [three  hundred  fifty-three  of  the  agriculture and markets]
236.02 OF THE PENAL law.
  (b) No provision of this section shall be construed  to  prohibit  any
person, firm, partnership or corporation from importing, selling, offer-
ing  for  sale,  manufacturing, distributing, transporting, or otherwise
marketing or trading in the fur, hair, skin, or flesh of a  domesticated
dog  or cat for the purposes of conducting scientific tests, experiments
or investigations that are to be performed or conducted in  laboratories
or  institutions,  which  are  approved  for these purposes by the state
commissioner of health in accordance with section [three hundred  fifty-
three of the agriculture and markets] 236.02 OF THE PENAL law.
  S  10.  Section 750-t of the general business law, as added by chapter
526 of the laws of 1992, is amended to read as follows:
  S 750-t. Disposal in compliance with forms. A pet cemetery owner shall
dispose of a pet in compliance with a pet disposal form completed  by  a
pet  owner  or veterinarian. If such pet is disposed of, either by indi-
vidual cremation or individual burial,  the  pet  cemetery  owner  shall
within  ten days of such disposal send or give a written confirmation of
such  disposal  to  the  pet  owner  or   veterinarian,   depending   on
instructions  in  pet  disposal  form,  and, shall attest to the method,
date, and place of disposal. If a pet is disposed of either through mass
cremation or mass burial, no written  confirmation  shall  be  required.
Copies  of  all  forms shall be retained for a period of two years after
receipt. All pet remains shall be buried at least  twelve  inches  below
the  surface  of the ground or in accordance with section [three hundred
seventy-seven of the agriculture and markets] 236.32 OF THE PENAL law in
the case of a large domestic animal or otherwise disposed of in a  sani-
tary manner.
  S  11.  Subdivision  1  of  section  352.3 of the family court act, as
amended by chapter 532 of the laws  of  2008,  is  amended  to  read  as
follows:
  (1)  Upon  the  issuance  of an order pursuant to section 315.3 or the
entry of an order of disposition pursuant to section 352.2, a court  may
enter  an  order  of  protection  against  any respondent for good cause
shown. The order may require that the respondent: (a) stay away from the
home, school, business or place of employment  of  the  victims  of  the
alleged  offense; or (b) refrain from harassing, intimidating, threaten-
ing or otherwise interfering with the victim or victims of  the  alleged
offense  and  such  members of the family or household of such victim or
victims as shall be specifically named by the court in  such  order;  or
(c)  refrain  from intentionally injuring or killing, without justifica-
tion, any companion animal the respondent knows to be owned,  possessed,
leased,  kept  or  held  by the person protected by the order or a minor
child residing in such person's household. "Companion animal",  as  used
in  this subdivision, shall have the same meaning as in subdivision five

A. 9781                            24

of section [three hundred fifty of the agriculture and  markets]  236.00
OF THE PENAL law.
  S  12.  Paragraph  2  of  subdivision (h) of section 446 of the family
court act, as added by chapter 253 of the laws of 2006,  is  amended  to
read as follows:
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S  13.  Paragraph  2  of  subdivision (i) of section 551 of the family
court act, as added by chapter 253 of the laws of 2006,  is  amended  to
read as follows:
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S  14.  Paragraph  2  of  subdivision (i) of section 656 of the family
court act, as added by chapter 253 of the laws of 2006,  is  amended  to
read as follows:
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S  15.  Paragraph  2  of  subdivision (h) of section 759 of the family
court act, as added by chapter 253 of the laws of 2006,  is  amended  to
read as follows:
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S  16.  Paragraph  2  of  subdivision (i) of section 842 of the family
court act, as added by chapter 253 of the laws of 2006,  is  amended  to
read as follows:
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S  17.  Paragraph  2  of subdivision (g) of section 1056 of the family
court act, as added by chapter 253 of the laws of 2006,  is  amended  to
read as follows:
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S  18.  Subdivision  d of section 20-383 of the administrative code of
the city of New York, as amended by local law number 2 of  the  city  of
New York for the year 1994, is amended to read as follows:
  d.  Notwithstanding  the  provisions  of  subdivisions b and c of this
section, any driver of a horse drawn cab found guilty of  one  violation
of  subdivision  d  of  section  20-381.1 of the code or sections [three
hundred fifty-one, three hundred fifty-three, three  hundred  fifty-five
through  three  hundred sixty-two or three hundred sixty-nine of the New
York state agriculture and  markets]  236.01,  236.02,  236.07,  236.08,
236.09,  236.10,  236.11,  236.12,  236.13,  236.14,  236.15, 236.16, OR
236.24 OF THE PENAL law or who is found guilty of a  violation  of  this
subchapter  while his or her license is suspended, shall have his or her
license revoked. A driver whose license has been revoked  in  accordance
with  this provision may not apply for a new license for five years from
the date of revocation.
  S 19. Section 80 of the agriculture and markets  law,  as  amended  by
chapter 680 of the laws of 1967, is amended to read as follows:

A. 9781                            25

  S 80. Certificate  to healthy herds.  For the purpose of giving recog-
nition to other than segregated herds which are certified to him,  after
competent examination satisfactory to him, to be in a healthy condition,
the  commissioner  is hereby authorized to issue such certificates as he
may  deem  proper to the owner of such herd; to use such terms to desig-
nate such herds as will harmonize  with  federal  designations  of  such
herds  and  to  adopt  such rules as he may deem proper for the tagging,
branding or marking of any animal or animals affected or believed to  be
affected with any communicable disease, or exposed thereto. In the event
that  such  animals  are branded it shall not be construed as cruelty to
animals within the meaning of article [twenty-six of this  chapter]  TWO
HUNDRED THIRTY-SIX OF THE PENAL LAW.
  S 20. Subdivision 3 of section 404 of the agriculture and markets law,
as  added  by  chapter  259  of  the laws of 2000, is amended to read as
follows:
  3. Violation of any provision of  this  article  or  conviction  of  a
violation  of  any provision of article [twenty-six of this chapter] TWO
HUNDRED THIRTY-SIX OF THE PENAL LAW or  regulations  promulgated  there-
under  pertaining  to  humane  treatment of animals, cruelty to animals,
endangering the life or health of an animal, or violation of any  feder-
al,  state,  or  local  law  pertaining  to  the  care, treatment, sale,
possession, or handling of animals or any regulation or rule promulgated
pursuant thereto relating to the endangerment of the life or  health  of
an animal.
  S  21.  Section  407  of  the agriculture and markets law, as added by
chapter 259 of the laws of 2000, is amended to read as follows:
  S 407. Construction with other laws. Nothing in this article shall  be
construed  to  limit or restrict agents or officers of societies for the
prevention of cruelty to animals or  the  police  from  enforcing  other
provisions  of [article twenty-six of] this chapter, ARTICLE TWO HUNDRED
THIRTY-SIX OF THE PENAL LAW, or any other law  relating  to  the  humane
treatment of or cruelty to animals.
  S  22.  Subdivisions  56,  68  and  79 of section 2.10 of the criminal
procedure law, subdivision 56 as added by chapter 188  of  the  laws  of
1989,  subdivision  68  as added by chapter 227 of the laws of 2000, and
subdivision 79 as added by chapter 752 of the laws of 2004, are  amended
to read as follows:
  56.  Dog  control  officers  of  the  town  of  Brookhaven, who at the
discretion of the town board may be designated  as  constables  for  the
purpose  of enforcing article [twenty-six of the agriculture and markets
law] TWO HUNDRED THIRTY-SIX OF THE PENAL LAW  and  for  the  purpose  of
issuing  appearance  tickets permitted under article seven of [such] THE
AGRICULTURE AND MARKETS law; provided, however,  that  nothing  in  this
subdivision shall be deemed to authorize such officer to carry, possess,
repair  or  dispose of a firearm unless the appropriate license therefor
has been issued pursuant to section 400.00 of the penal law.
  68. Dog control officers of the town of Arcadia, who at the discretion
of the town board may be designated as constables  for  the  purpose  of
enforcing  article  [twenty-six  of the agriculture and markets law] TWO
HUNDRED THIRTY-SIX OF THE PENAL LAW  and  for  the  purpose  of  issuing
appearance  tickets permitted under article seven of [such] THE AGRICUL-
TURE AND MARKETS law; provided, however, that nothing in  this  subdivi-
sion shall be deemed to authorize such officer to carry, possess, repair
or dispose of a firearm unless the appropriate license therefor has been
issued pursuant to section 400.00 of the penal law.

A. 9781                            26

  79.  Animal  control  officers  of  the  city  of  Elmira,  who at the
discretion of the city council of the city of Elmira may  be  designated
as  constables  for  the purpose of enforcing article [twenty-six of the
agriculture and markets law] TWO HUNDRED THIRTY-SIX OF  THE  PENAL  LAW,
and  for the purpose of issuing appearance tickets permitted under arti-
cle seven of [such] THE AGRICULTURE AND MARKETS law; provided,  however,
that nothing in this subdivision shall be deemed to authorize such offi-
cer  to carry, possess, repair or dispose of a firearm unless the appro-
priate license therefor has been issued pursuant to  section  400.00  of
the penal law.
  S  23.  Paragraph (i) of subdivision 1 of section 750-h of the general
business law, as added by chapter 526 of the laws of 1992, is amended to
read as follows:
  (i) Conviction of a violation of article [twenty-six of  the  agricul-
ture  and markets law] TWO HUNDRED THIRTY-SIX OF THE PENAL LAW involving
cruelty to animals.
  S 24. Section 753-d of the general business law, as added  by  chapter
259 of the laws of 2000, is amended to read as follows:
  S  753-d.  Construction with other laws. Nothing in this article shall
be construed to limit or restrict agents or officers  of  societies  for
the prevention of cruelty to animals or the police from enforcing [arti-
cles twenty-six and] ARTICLE twenty-six-A of the agriculture and markets
law,  ARTICLE  TWO HUNDRED THIRTY-SIX OF THE PENAL LAW, or any other law
relating to the humane treatment of, or cruelty to, animals.
  S 25. This act shall take effect immediately.