Senate Bill S1812

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

                                  1812

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed 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 special duties or police officer shall promptly 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  the
dog, the date and hour of seizure, the official identification number of
such  dog,  if  any,  OR  ANY  OTHER IDENTIFYING INFORMATION FROM A TAG,
TATTOO OR MICROCHIP IF SUCH CAN BE REASONABLY ASCERTAINED, the  location
where  seized, the reason for seizure, and the owner's name and address,
if known.
  S 2. Section 117 of the agriculture and  markets  law  is  amended  by
adding a new subdivision 3-a to read as follows:
  3-A.  NO LATER THAN TWENTY-FOUR HOURS  OR AS SOON AS PRACTICABLE AFTER
A DOG HAS BEEN SEIZED BY ANY DOG CONTROL OFFICER OR PEACE OFFICER ACTING
PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER IN  THE  EMPLOY
OF OR UNDER CONTRACT TO A MUNICIPALITY, 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, SUCH OFFICER, SOCIETY, POUND OR SHELTER SHALL TAKE STEPS TO:
  (A)  CHECK THE DOG FOR ALL FORMS OF IDENTIFICATION, INCLUDING, BUT NOT
LIMITED TO, TAGS, MICROCHIPS, TATTOOS OR LICENSES; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00109-01-5

              

S. 1812                             2

  (B) IF PRACTICABLE, MAKE AVAILABLE TO THE PUBLIC ON THE INTERNET ON  A
WEBSITE MAINTAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFICER, SOCI-
ETY,  POUND  OR  SHELTER  BY THE MUNICIPAL OR COUNTY GOVERNMENT IN WHICH
SUCH OFFICER, SOCIETY, POUND OR SHELTER IS LOCATED, A PHOTOGRAPH, AND  A
GENERAL  DESCRIPTION OF THE DOG TO ASSIST THE OWNER OR OWNERS IN FINDING
THE DOG, INCLUDING THE BREED OR BREEDS, IF KNOWN,  ALTHOUGH  INFORMATION
ABOUT  THE DOG MAY BE WITHHELD IF DEEMED APPROPRIATE TO FACILITATE FIND-
ING THE OWNER OR OWNERS OR OTHERWISE PROTECT THE SAFETY OF THE DOG.  THE
NOTICE REQUIRED BY THIS PARAGRAPH MAY BE MADE BY MEANS  OTHER  THAN  THE
INTERNET IF USE OF THE INTERNET IS IMPRACTICABLE. NOTHING IN THIS SUBDI-
VISION  SHALL  BE INTERPRETED AS REQUIRING A WEBSITE TO BE MAINTAINED OR
EQUIPMENT OR TECHNOLOGY TO BE PURCHASED IN  ORDER  TO  COMPLY  WITH  THE
PROVISIONS OF THIS SUBDIVISION.
  (C)  SUCH  OFFICER,  POUND,  SHELTER OR SOCIETY SHALL ALSO COMPARE THE
INFORMATION 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  OR  AS SOON AS PRACTICABLE AFTER SUCH RECORDS BECOME
AVAILABLE FOLLOWING SEIZURE OR TAKING POSSESSION OF SUCH DOG.
  S 3. Subdivision 4 of section 117 of the agriculture and markets  law,
as  amended  and  such  section as renumbered 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 BY AN OFFICIAL IDENTIFICATION TAG,
AS DEFINED IN SUBDIVISION ELEVEN OF SECTION ONE HUNDRED  EIGHT  OF  THIS
ARTICLE,  whether  or  not  licensed, shall be held for a period of five
days from the day seized during which period 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  impound-
ment 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.
  S 4. Subdivision 6 of section 117 of the agriculture and markets  law,
as  added  by chapter 220 of the laws of 1978 and such section as renum-
bered by section 12 of part T of chapter 59 of  the  laws  of  2010,  is
amended to read as follows:
  6.  (A)  Promptly  upon  seizure  of any identified dog, AS DEFINED IN
SUBDIVISIONS ELEVEN AND TWELVE OF SECTION  ONE  HUNDRED  EIGHT  OF  THIS
ARTICLE,  the  owner of record of such dog shall be notified personally;
or by certified mail, return receipt requested, of the facts of  seizure
and the procedure for redemption.
  (B)  PROMPTLY  UPON  THE  SEIZURE OF A DOG POTENTIALLY IDENTIFIABLE BY
ANOTHER FORM OF IDENTIFICATION, INCLUDING A TAG, TATTOO OR MICROCHIP, OR
RECORDS OF DOGS REPORTED TO BE LOST OR STOLEN PURSUANT  TO  SECTION  ONE
HUNDRED  TWELVE  OF  THIS  ARTICLE,  REASONABLE EFFORTS SHALL BE MADE TO
IDENTIFY THE OWNER OF THE DOG. ONCE THE OWNER IS IDENTIFIED,  THE  OWNER

S. 1812                             3

SHALL  BE  NOTIFIED  PERSONALLY  OR  BY  CERTIFIED  MAIL, RETURN RECEIPT
REQUESTED. IF UNABLE TO IDENTIFY SUCH OWNER AFTER HAVING MADE REASONABLE
EFFORTS TO DO SO, SUCH DOG SHALL BE HELD IN ACCORDANCE WITH  SUBDIVISION
FOUR OF THIS SECTION.
  (C)  If notification is personally given, such dog IDENTIFIED PURSUANT
TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION shall be held for a period
of seven days after day of notice, during which period the  dog  may  be
redeemed  by  the owner. If such notification is made by CERTIFIED mail,
such dog IDENTIFIED PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS  SUBDIVI-
SION  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.  In  either
case, the owner may redeem such dog upon payment of the impoundment fees
prescribed  by  subdivision  four of this section and by producing proof
that the dog has been licensed. NOTHING IN  THIS  SUBDIVISION  SHALL  BE
INTERPRETED  AS  REQUIRING  THE  PURCHASE  OF EQUIPMENT OR TECHNOLOGY TO
COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.