S T A T E O F N E W Y O R K
________________________________________________________________________
6335
2013-2014 Regular Sessions
I N A S S E M B L Y
March 25, 2013
___________
Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public officers law, in relation to eliminating the
residency requirement for the chief animal law enforcement officer of
a county; and to amend the agriculture and markets law, in relation to
authorizing certain animal societies and pounds to spay or neuter and
release abandoned cats
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3-b of the public officers law is amended by adding
a new subdivision 5 to read as follows:
5. NEITHER THE PROVISIONS OF THIS SECTION OR OF ANY GENERAL, SPECIAL
OR LOCAL LAW, CHARTER, CODE, ORDINANCE, RESOLUTION, RULE OR REGULATION,
REQUIRING A PERSON TO BE A RESIDENT OF THE POLITICAL SUBDIVISION OR
MUNICIPAL CORPORATION OF THE STATE BY WHICH HE OR SHE IS EMPLOYED, SHALL
APPLY TO A PERSON EMPLOYED BY A COUNTY AS THE CHIEF ANIMAL LAW ENFORCE-
MENT OFFICER OF SUCH COUNTY.
S 2. Section 332 of the agriculture and markets law, as amended by
chapter 449 of the laws of 2010, is amended to read as follows:
S 332. Disposition. Any person having in his or her care, custody, or
control any abandoned animal, as defined in section three hundred thir-
ty-one of this article, may deliver such animal to any duly incorporated
society for the prevention of cruelty to animals or any duly incorpo-
rated humane society having facilities for the care and eventual dispo-
sition of such animals, or, in the case of dogs, cats and other small
animals, to any pound maintained by or under contract or agreement with
any county, city, town, or village within which such animal was aban-
doned. The person with whom the animal was abandoned shall, however, on
the day of divesting himself or herself of possession thereof, notify
the person who had placed such animal in his or her custody of the name
and address of the animal society or pound to which the animal has been
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07896-01-3
A. 6335 2
delivered, such notice to be by registered letter mailed to the last
known address of the person intended to be so notified. If an animal is
not claimed by its owner within five days after being so delivered to
such duly incorporated society for the prevention of cruelty to animals,
duly incorporated humane society or pound, such animal may at any time
thereafter be placed for adoption in a suitable home [or], euthanized in
accordance with the provisions of section three hundred seventy-four of
this chapter, OR, IN THE CASE OF CATS AND AT THE DISCRETION OF SUCH DULY
INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, HUMANE
SOCIETY OR POUND, SPAY OR NEUTER AND VACCINATE SUCH CAT AGAINST RABIES,
AND THEN RETURN SUCH CAT TO THE WILD TO LIVE OUT THE REMAINDER OF ITS
LIFE. In no event, however, shall the use of a decompression chamber or
decompression device of any kind be used for the purpose of destroying
or disposing of such animal.
S 3. This act shall take effect immediately.