S T A T E O F N E W Y O R K
________________________________________________________________________
659
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
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Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to requir-
ing the owner of any place or establishment where animals or fowls are
slaughtered or butchered for food to reimburse costs associated with
capture and return or rescue and rehabilitation of escaped animals
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 96-e-1 to read as follows:
§ 96-E-1. PENALTIES FOR ESCAPED ANIMALS AND FOWL. 1. FOR PURPOSES OF
THIS SECTION: (A) "ESCAPED ANIMAL" SHALL MEAN ANY ANIMAL OR FOWL THAT
HAS BROKEN FREE AND FLED FROM CONFINEMENT OR CONTROL BY ANY PLACE OR
ESTABLISHMENT WHERE ANIMALS OR FOWLS ARE SLAUGHTERED OR BUTCHERED FOR
FOOD AND ROAMS OFF THE PREMISES OF SUCH FACILITY; AND
(B) "INDIVIDUAL ENGAGED IN ANIMAL RESCUE" SHALL MEAN ANY PRIVATE
PERSON WHO BRINGS UNDER CONTROL ANY ESCAPED ANIMAL.
2. IN INSTANCES WHERE ANY ANIMAL OR FOWL HAS ESCAPED FROM ANY PLACE OR
ESTABLISHMENT WHERE ANIMALS OR FOWLS ARE SLAUGHTERED OR BUTCHERED FOR
FOOD, AS DEFINED BY THIS ARTICLE AND SUCH ANIMAL IS RECOVERED BY ANY LAW
ENFORCEMENT OFFICER, PEACE OFFICER, AUTHORIZED ANIMAL CONTROL OFFICER,
OR INDIVIDUAL ENGAGED IN ANIMAL RESCUE AND DELIVERED BY SUCH PERSONS TO
A MUNICIPAL ANIMAL CONTROL OR RESCUE FACILITY, THE OWNER OF ANY SUCH
PLACE OR ESTABLISHMENT SHALL BE LIABLE FOR THE REIMBURSEMENT OF ANY
COSTS INCURRED BY THE MUNICIPALITY AND ANIMAL CONTROL OR LOCAL HEALTH
DEPARTMENT ASSOCIATED WITH THE CAPTURE AND RETURN OF ESCAPED ANIMALS.
FOR EACH INCIDENT INVOLVING AN ESCAPED ANIMAL, A CIVIL PENALTY OF ONE
THOUSAND DOLLARS SHALL BE ASSESSED WHICH SHALL BE DONATED TO THE MUNICI-
PAL OR COUNTY SHELTER OF THE CITY OR COUNTY WHERE SUCH ANIMAL ESCAPED.
IN LIEU OF CIVIL PENALTY, THE OWNER OF ANY PLACE OR ESTABLISHMENT MAY
RELINQUISH OWNERSHIP OF AN ESCAPED ANIMAL.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03604-01-9