S T A T E O F N E W Y O R K
________________________________________________________________________
2368
2011-2012 Regular Sessions
I N A S S E M B L Y
January 18, 2011
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Introduced by M. of A. PAULIN, GABRYSZAK, HOOPER, MAYERSOHN, ROSENTHAL,
MILLMAN, KAVANAGH, ORTIZ, HEVESI -- Multi-Sponsored by -- M. of A.
BING, BURLING, COOK, CUSICK, GLICK, GOTTFRIED, JEFFRIES, LATIMER,
V. LOPEZ, LUPARDO, McDONOUGH, McENENY, NOLAN, PERRY, PHEFFER, THIELE,
TOWNS -- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to a limit
on the number of intact animals over the age of four months a person
or business can own, possess, control or otherwise have charge or
custody
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding a new
section 380 to read as follows:
S 380. LIMIT ON INTACT ANIMALS. NO PERSON OR BUSINESS BUYING, SELLING,
OR OFFERING FOR SALE DOGS OR CATS TO THE PUBLIC OR AT WHOLESALE SHALL
OWN, POSSESS, CONTROL OR OTHERWISE HAVE CHARGE OR CUSTODY OF MORE THAN
FIFTY DOGS OVER THE AGE OF FOUR MONTHS AND CATS OVER THE AGE OF FOUR
MONTHS WITH INTACT SEXUAL ORGANS KEPT FOR THE PURPOSE OF BREEDING THOSE
ANIMALS AND SELLING THEIR OFFSPRING AS A COMPANION ANIMAL. A VIOLATION
OF THIS SECTION IS A CLASS A MISDEMEANOR. NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO AFFECT ANY PROTECTIONS AFFORDED TO DOGS, CATS, OR OTHER
ANIMALS UNDER ANY OTHER PROVISIONS OF THIS ARTICLE.
S 2. Section 373 of the agriculture and markets law is amended by
adding a new subdivision 2-a to read as follows:
2-A. ANY SUCH AGENT OR OFFICER MAY ALSO LAWFULLY TAKE POSSESSION OF
ANY ANIMALS KEPT IN VIOLATION OF SECTION THREE HUNDRED EIGHTY OF THIS
ARTICLE AND THE OFFSPRING OF SUCH ANIMALS, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03117-01-1
A. 2368 2
SUCH MAGISTRATE; IF JUST AND REASONABLE CAUSE IS SHOWN, THE MAGISTRATE
SHALL IMMEDIATELY ISSUE SUCH WARRANT.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.