S T A T E O F N E W Y O R K
________________________________________________________________________
7119
I N S E N A T E
(PREFILED)
January 8, 2020
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Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Domestic Animal Welfare
AN ACT to amend the agriculture and markets law, in relation to requir-
ing property owners and lessors of certain properties that have been
vacated to inspect such property for abandoned animals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 373 of the agriculture and markets law is amended
by adding a new subdivision 2-a to read as follows:
2-A. A. NOTWITHSTANDING SECTIONS THIRTEEN HUNDRED SEVEN AND NINETEEN
HUNDRED SEVENTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW OR
ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE PROPERTY OWNER OR LESSOR
OF PROPERTY THAT HAS BEEN VACATED AS A RESULT OF AN EVICTION, PROPERTY
FORECLOSURE, FORFEITURE OR DEFAULT ON A MORTGAGE, TRUST DEED OR LAND
SALES CONTRACT, OR ABANDONMENT, OR SUCH PROPERTY OWNER OR LESSOR'S
DESIGNEE, SHALL, WITHIN THREE DAYS OF SUCH VACANCY, INSPECT THE PROPERTY
FOR THE PRESENCE OF ABANDONED ANIMALS. IF THE PROPERTY OWNER, LESSOR, OR
DESIGNEE ENCOUNTERS AN ANIMAL WHICH APPEARS TO BE ABANDONED ON SUCH
PROPERTY, SUCH OWNER, LESSOR, OR DESIGNEE SHALL IMMEDIATELY NOTIFY THE
DOG CONTROL OFFICER, THE POLICE, OR AGENT OR OFFICER OF A DULY INCORPO-
RATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS ABOUT SUCH
ENCOUNTER, FOR THE PURPOSE OF PROMPTLY RETRIEVING OR PROVIDING NECESSARY
CARE FOR SUCH ANIMAL AT THE PROPERTY UNTIL THE ANIMAL CAN BE RETRIEVED.
THE PROPERTY OWNER, LESSOR, OR DESIGNEE WHO ENCOUNTERS AN ABANDONED
ANIMAL PURSUANT TO THIS PARAGRAPH SHALL NOT BE DEEMED THE OWNER, POSSES-
SOR OR PERSON HAVING CHARGE OR CUSTODY OF THE ANIMAL.
B. A PROPERTY OWNER OR LESSOR, OR SUCH PROPERTY OWNER OR LESSOR'S
DESIGNEE, WHO FAILS TO COMPLY WITH THE REQUIREMENTS OF PARAGRAPH A OF
THIS SUBDIVISION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN
FIVE HUNDRED DOLLARS FOR A FIRST OFFENSE AND NOT MORE THAN ONE THOUSAND
DOLLARS FOR A SECOND OFFENSE AND EACH SUBSEQUENT OFFENSE THEREAFTER.
FUNDS COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE DEPOSITED INTO THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14262-01-9
S. 7119 2
ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT TO SECTION NINETY-
SEVEN-XX OF THE STATE FINANCE LAW.
C. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT IN
ANY WAY AGENTS OR OFFICERS OF SOCIETIES FOR THE PREVENTION OF CRUELTY TO
ANIMALS OR THE POLICE FROM ENFORCING PROVISIONS OF THIS ARTICLE OR ANY
OTHER LAW RELATING TO ABANDONMENT OF ANIMALS OR THE INHUMANE TREATMENT
OF OR CRUELTY TO ANIMALS.
§ 2. This act shall take effect immediately.