S T A T E O F N E W Y O R K
________________________________________________________________________
3843
2013-2014 Regular Sessions
I N A S S E M B L Y
January 29, 2013
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Introduced by M. of A. PAULIN, GALEF, ROBERTS, WEISENBERG -- Multi-Spon-
sored by -- M. of A. GABRYSZAK, GOTTFRIED -- read once and referred
to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
identification of owners of lost pets and return of lost pets to their
owners
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 113 of the agriculture and markets
law, as amended by section 8 of part T of chapter 59 of the laws of
2010, is amended to read as follows:
4. Every dog control officer, peace officer, when acting pursuant to
[his] THE OFFICER'S special duties or police officer, OR SUCH OFFICER'S
AGENT, FOLLOWING ANY SEIZURE OF A DOG, OR ANY DULY INCORPORATED SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCI-
ETY, POUND OR SHELTER THAT IS OPERATED BY OR UNDER CONTRACT TO A MUNICI-
PALITY AND IS TAKING POSSESSION OF SUCH DOG, WHICHEVER HAS POSSESSION OF
THE DOG DURING THE APPLICABLE PERIOD, shall [promptly make]:
(A) NO LATER THAN TWENTY-FOUR HOURS FOLLOWING SUCH SEIZURE OR TAKING
POSSESSION, TAKE STEPS TO:
(1) CHECK THE DOG FOR ALL CURRENTLY POSSIBLE FORMS OF IDENTIFICATION
INCLUDING, BUT NOT LIMITED TO, TAGS, MICROCHIPS, TATTOOS OR LICENSES;
AND
(2) MAKE AVAILABLE TO THE PUBLIC ON THE INTERNET ON A WEBSITE MAIN-
TAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFICER, SOCIETY, POUND OR
SHELTER BY THE MUNICIPAL OR COUNTY GOVERNMENT IN WHICH SUCH OFFICER,
SOCIETY, POUND OR SHELTER IS LOCATED, A PHOTOGRAPH, IF PRACTICABLE, AND
A GENERAL DESCRIPTION OF THE DOG TO ASSIST THE OWNER OR OWNERS IN FIND-
ING THE DOG, INCLUDING THE BREED OR BREEDS, IF KNOWN, ALTHOUGH INFORMA-
TION ABOUT THE DOG MAY BE WITHHELD IF DEEMED APPROPRIATE TO FACILITATE
FINDING THE OWNER OR OWNERS OR OTHERWISE PROTECT THE SAFETY OF THE DOG.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06462-02-3
A. 3843 2
SUCH OFFICER, POUND, SHELTER OR SOCIETY SHALL ALSO COMPARE THE INFORMA-
TION KNOWN ABOUT THE DOG WITH RECORDS OF DOGS REPORTED TO BE LOST OR
STOLEN PURSUANT TO SECTION ONE HUNDRED TWELVE OF THIS ARTICLE WITHIN
TWENTY-FOUR HOURS AFTER SUCH RECORDS BECOME AVAILABLE FOLLOWING SEIZURE
OR TAKING POSSESSION OF SUCH DOG. THE NOTICE REQUIRED BY THIS PARAGRAPH
MAY BE MADE BY MEANS OTHER THAN THE INTERNET IF USE OF THE INTERNET IS
IMPRACTICABLE.
(B) WITHIN TWENTY-FOUR HOURS AFTER THE OWNER OR OWNERS OF A DOG HAVE
BEEN DETERMINED, NOTIFY THE OWNER OR OWNERS OF SUCH DOG PERSONALLY OR BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF THE FACTS OF THE DOG'S
IMPOUNDMENT AND THE PROCEDURE FOR REDEMPTION. IF NOTIFICATION IS
PERSONALLY GIVEN, SUCH DOG SHALL BE HELD FOR A PERIOD OF SEVEN DAYS
AFTER THE DATE OF NOTICE, DURING WHICH PERIOD THE DOG MAY BE REDEEMED BY
THE OWNER OR OWNERS. IF SUCH NOTIFICATION IS MADE BY MAIL, SUCH DOG
SHALL BE HELD FOR A PERIOD OF NINE DAYS FROM THE DATE OF MAILING, DURING
WHICH PERIOD THE DOG MAY BE REDEEMED BY THE OWNER OR OWNERS. IN EITHER
CASE, THE OWNER OR OWNERS MAY REDEEM SUCH DOG UPON PAYMENT OF THE
IMPOUNDMENT FEES PRESCRIBED BY SUBDIVISION FOUR OF SECTION ONE HUNDRED
SEVENTEEN OF THIS ARTICLE AND BY PRODUCING PROOF THAT SUCH DOG HAS BEEN
LICENSED.
(C) MAKE and maintain a complete record of any seizure and subsequent
disposition of any dog. Such record shall include, but not be limited
to, [a description of] ANY IDENTIFICATION FOUND ON the dog, INCLUDING
TAG, MICROCHIP, TATTOO OR LICENSE NUMBERS, THE BREED OR BREEDS, IF
KNOWN, APPROXIMATE SIZE AND WEIGHT, COLORING AND IDENTIFYING MARKS ON
THE DOG, the date and hour of seizure, the official identification
number of such dog, if any, the location where seized, the reason for
seizure, and the owner's name and address, if known.
S 2. Subdivision 4 of section 117 of the agriculture and markets law,
as amended by section 12 of part T of chapter 59 of the laws of 2010, is
amended to read as follows:
4. Each dog which is not identified, whether or not licensed, shall be
held AT LEAST for a period of five days from the day [seized] WHEN THE
STEPS REQUIRED BY SUBDIVISION FOUR OF SECTION ONE HUNDRED THIRTEEN OF
THIS ARTICLE, HAVE BEEN TAKEN, during which period the OFFICER, SOCIETY,
POUND OR SHELTER SHALL COMPLY WITH THE PROVISIONS OF SUBDIVISION THREE
OF THIS SECTION, AND IN THE EVENT THE OWNER OR OWNERS ARE IDENTIFIED,
THE HOLDING PERIOD SHALL BE EXTENDED PURSUANT TO PARAGRAPH (B) OF SUBDI-
VISION FOUR OF SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE. THE dog may
be redeemed by its owner, provided that such owner produces proof that
the dog has been licensed and has been identified pursuant to the
provisions of this article and further provided that the owner pays the
following impoundment fees:
(a) not less than ten dollars for the first impoundment of any dog
owned by that person;
(b) not less than twenty dollars for the first twenty-four hours or
part thereof and three dollars for each additional twenty-four hours or
part thereof for the second impoundment, within one year of the first
impoundment, of any dog owned by that person; or
(c) not less than thirty dollars for the first twenty-four hours or
part thereof and three dollars for each additional twenty-four hours or
part thereof for the third and subsequent impoundments, within one year
of the first impoundment, of any dog owned by that person.
The impoundment fees set forth in paragraphs (a), (b) and (c) of this
subdivision notwithstanding, any municipality may set by local law or
ordinance such fees in any amount.
A. 3843 3
S 3. Section 373 of the agriculture and markets law is amended by
adding a new subdivision 1-b to read as follows:
1-B. ANY OFFICER, AGENT OR SOCIETY AS DESCRIBED IN SUBDIVISION ONE OF
THIS SECTION OR POUND OR SHELTER OPERATED BY OR UNDER CONTRACT TO A
MUNICIPALITY THAT IS TAKING POSSESSION OF A LOST, STRAY OR HOMELESS
ANIMAL UNDER THE PROVISIONS OF THIS SECTION, WHICHEVER HAS POSSESSION OF
THE ANIMAL DURING THE APPLICABLE PERIOD, SHALL:
(A) NO LATER THAN TWENTY-FOUR HOURS AFTER TAKING POSSESSION OF AN
ANIMAL TAKE STEPS TO:
(1) CHECK THE ANIMAL FOR ALL CURRENTLY POSSIBLE FORMS OF IDENTIFICA-
TION INCLUDING, BUT NOT LIMITED TO, TAGS, MICROCHIPS, TATTOOS OR
LICENSES; AND
(2) MAKE AVAILABLE TO THE PUBLIC ON THE INTERNET ON A WEBSITE MAIN-
TAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFICER, SOCIETY, POUND OR
SHELTER BY THE MUNICIPALITY OR COUNTY IN WHICH SUCH OFFICER, SOCIETY,
POUND OR SHELTER, IS LOCATED, OR BY AN ANIMAL RESCUE ORGANIZATION PURSU-
ANT TO SUBDIVISION THREE OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS
ARTICLE, A PHOTOGRAPH, IF PRACTICABLE, AND A GENERAL DESCRIPTION OF THE
ANIMAL TO ASSIST THE OWNER OR OWNERS IN FINDING THE ANIMAL, INCLUDING
THE SPECIES, TYPE, AND BREED OR BREEDS, IF KNOWN, ALTHOUGH INFORMATION
ABOUT THE ANIMAL MAY BE WITHHELD IF DEEMED APPROPRIATE TO FACILITATE
FINDING THE OWNER OR OWNERS OR OTHERWISE TO PROTECT THE SAFETY OF THE
ANIMAL. THE OFFICER, SOCIETY, POUND OR SHELTER SHALL ALSO COMPARE THE
INFORMATION KNOWN ABOUT THE ANIMAL WITH RECORDS OF ANIMALS REPORTED TO
BE LOST OR STOLEN PURSUANT TO SECTION ONE HUNDRED TWELVE OF THIS CHAP-
TER, WITHIN TWENTY-FOUR HOURS AFTER SUCH RECORDS BECOME AVAILABLE
FOLLOWING SEIZURE OR TAKING POSSESSION OF SUCH ANIMAL. THE NOTICE
REQUIRED BY THIS SUBPARAGRAPH MAY BE MADE BY MEANS OTHER THAN THE INTER-
NET IF USE OF THE INTERNET IS IMPRACTICABLE.
(B) WITHIN TWENTY-FOUR HOURS AFTER THE OWNER OR OWNERS OF AN ANIMAL
HAVE BEEN DETERMINED, NOTIFY THE OWNER OR OWNERS OF SUCH ANIMAL
PERSONALLY OR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF THE FACTS
OF THE ANIMAL'S IMPOUNDMENT AND THE PROCEDURE FOR REDEMPTION. IF NOTIFI-
CATION IS PERSONALLY GIVEN, SUCH ANIMAL SHALL BE HELD FOR A PERIOD OF
SEVEN DAYS AFTER THE DATE OF NOTICE, DURING WHICH PERIOD THE ANIMAL MAY
BE REDEEMED BY THE OWNER OR OWNERS. IF SUCH NOTIFICATION IS MADE BY
MAIL, SUCH ANIMAL SHALL BE HELD FOR A PERIOD OF NINE DAYS FROM THE DATE
OF MAILING, DURING WHICH PERIOD THE ANIMAL MAY BE REDEEMED BY THE OWNER
OR OWNERS. IN EITHER CASE, THE OWNER OR OWNERS MAY REDEEM SUCH ANIMAL
UPON PAYMENT OF THE IMPOUNDMENT FEES PRESCRIBED BY SUBDIVISION FOUR OF
SECTION ONE HUNDRED SEVENTEEN OF THIS CHAPTER.
(C) MAKE AND MAINTAIN A COMPLETE RECORD OF ANY SEIZURE AND SUBSEQUENT
DISPOSITION OF SUCH ANIMAL. SUCH RECORD SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, ANY IDENTIFICATION FOUND ON THE ANIMAL, INCLUDING TAG, MICROCHIP,
TATTOO OR LICENSE NUMBERS, THE BREED OR BREEDS, IF KNOWN, APPROXIMATE
SIZE AND WEIGHT, COLORING AND IDENTIFYING MARKS ON THE ANIMAL, THE DATE
AND HOUR OF SEIZURE, THE OFFICIAL IDENTIFICATION NUMBER OF SUCH ANIMAL,
IF ANY, THE LOCATION WHERE SEIZED, THE REASON FOR SEIZURE, AND THE
OWNER'S NAME AND ADDRESS, IF KNOWN.
(D) EXCEPT AS OTHERWISE PROVIDED BY LAW, WHERE THE OWNER OR OWNERS OF
AN ANIMAL HAVE NOT BEEN IDENTIFIED, HOLD SUCH ANIMAL, WHETHER OR NOT
LICENSED, AND IN ACCORDANCE WITH AND SUBJECT TO SUBDIVISIONS EIGHT AND
NINE OF SECTION ONE HUNDRED SEVENTEEN AND SUBDIVISION TWO OF SECTION
THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE, AT LEAST FOR A REDEMPTION
PERIOD OF FIVE DAYS BEGINNING WHEN THE STEPS REQUIRED BY THIS SUBDIVI-
SION HAVE BEEN TAKEN, DURING WHICH PERIOD THE OFFICER, SOCIETY, POUND OR
A. 3843 4
SHELTER, WHICHEVER HAS POSSESSION OF THE ANIMAL DURING THE APPLICABLE
PERIOD, SHALL COMPLY WITH PARAGRAPH (A) OF THIS SUBDIVISION. IN THE
EVENT THE OWNER OR OWNERS ARE IDENTIFIED, THE HOLDING PERIOD SHALL BE
EXTENDED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION. THE ANIMAL MAY
BE REDEEMED BY ITS OWNER OR OWNERS, UPON PAYMENT OF THE IMPOUNDMENT FEES
PRESCRIBED BY SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTEEN OF THIS
CHAPTER. NOTWITHSTANDING THE FOREGOING, ANIMALS MAY BE PLACED SOONER
THAN FIVE DAYS WITH AN ANIMAL RESCUE ORGANIZATION, SUBJECT TO REDEMPTION
BY THE OWNER OR OWNERS AS DESCRIBED IN THIS PARAGRAPH.
S 4. This act shall take effect on the sixtieth day after it shall
have become a law.