S T A T E O F N E W Y O R K
________________________________________________________________________
2129
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Judiciary
AN ACT to amend the agriculture and markets law, in relation to the care
and collection of animals on vacant property
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, ANY PERSON OR ENTITY WHO IS
AUTHORIZED TO BE ON 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 WHO ENCOUNTERS AN
ANIMAL WHICH BASED ON ITS PHYSICAL APPEARANCE OR LACK OF AVAILABLE FOOD
OR WATER APPEARS ABANDONED ON SUCH PROPERTY SHALL PROMPTLY, BUT NOT
LATER THAN SIX HOURS AFTER SUCH ENCOUNTER, NOTIFY THE DOG CONTROL OFFI-
CER, THE POLICE, OR AGENT OR OFFICER OF A DULY INCORPORATED 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. ANIMALS
REMOVED FROM THE PREMISES SHALL BE PLACED IN THE CUSTODY OF A POUND,
DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY
INCORPORATED HUMANE SOCIETY, OR DULY INCORPORATED ANIMAL PROTECTIVE
ASSOCIATION AND CARED FOR IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION, SECTION THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE, SECTION ONE
HUNDRED SEVENTEEN OF THIS CHAPTER, AND ALL OTHER LAWS AND ORDINANCES
THAT GOVERN THE HUMANE TREATMENT OF ANIMALS. FAILURE TO PROVIDE NOTIFI-
CATION AS PROVIDED FOR IN THIS SUBDIVISION SHALL BE A VIOLATION.
B. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00726-01-1
A. 2129 2
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 on the sixtieth day after it shall
have become a law.