Legislation

Search OpenLegislation Statutes
This entry was published on 2014-11-21
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1403
Corporations for the prevention of cruelty
Not-for-Profit Corporation (NPC) CHAPTER 35, ARTICLE 14
§ 1403. Corporations for the prevention of cruelty.

(a) Prohibition of new corporations in certain counties.

(1) A corporation for the prevention of cruelty to animals shall not
hereafter be incorporated for the purpose of conducting its operations
in the counties of New York, Kings, Queens, Richmond, Rensselaer, or
Westchester outside of the city of Yonkers; or in any other county if
thereby two or more such corporations would exist in such county except
as provided in subparagraph three hereof. Any corporation for the
prevention of cruelty to animals may exercise its powers and conduct its
operations in any adjacent county in which no such corporation exists
until the establishment of such a corporation therein.

(1-a) No corporation for the prevention of cruelty to children, or for
the dual purpose of prevention of cruelty to children and cruelty to
animals shall be incorporated on or after November first, nineteen
hundred eighty-nine. Any such corporations, incorporated prior to
November first, nineteen hundred eighty-nine, may exercise their powers
and conduct their operation in any adjacent county in which no such
corporations exist until the establishment of such corporations therein
prior to November first, nineteen hundred eighty-nine. The Brooklyn
society for the prevention of cruelty to children may exercise all its
powers in the county of Nassau until a society for the prevention of
cruelty to children shall be incorporated prior to November first,
nineteen hundred eighty-nine, and located therein, and may exercise all
its powers in the county of Suffolk until such a corporation is
incorporated prior to November first, nineteen hundred eighty-nine, and
located therein.

(2) In addition to the requirements of section 402, a certificate of
incorporation under which an additional corporation is formed in the
City of Yonkers must designate such city as the place where its
operations are to be conducted.

(3) In any county having a population of one hundred thousand or less,
where there is already in existence a corporation duly incorporated for
the prevention of cruelty to animals and where it appears that the
functions of such corporation are confined to a local area in such
county and where it further appears that part of such county is not
served by the existing corporation, an application may be made for the
incorporation of a second such corporation in such county. If it appears
to the satisfaction of the court that such existing corporation does not
serve the area from which the application for incorporation of a new
corporation is made, the court shall approve the proposed certificate of
incorporation.

(b) Special powers.

(1) A corporation formed for the purpose of preventing cruelty to
children, when represented by an attorney duly admitted to the practice
of law, may prosecute a complaint before any court, tribunal or
magistrate having jurisdiction, for the violation of any law enacted to
prevent (i) the abuse, maltreatment or neglect of a child, as those
terms are defined in section four hundred twelve of the social services
law and section one thousand twelve of the family court act, or (ii) the
exploitation of or harm to a child at the hands of an adult that would
constitute a violation of article one hundred twenty, one hundred
thirty, one hundred thirty-five, two hundred sixty or two hundred
sixty-three of the penal law, and may aid in presenting the law and
facts to such court, tribunal or magistrate in any proceeding therein.

(2) A corporation formed for the purpose of preventing cruelty to
animals may prefer a complaint before any court, tribunal or magistrate
having jurisdiction, for the violation of any law relating to or
affecting the prevention of cruelty to animals, and may aid in
presenting the law and facts to such court, tribunal or magistrate in
any proceeding therein.

(3) A corporation for the prevention of cruelty to children may be
appointed guardian of the person of a minor child during its minority by
a court of record, or a judge thereof, and may receive and retain any
child at its own expense on commitment by a court or magistrate.

(4) All magistrates, peace officers, acting pursuant to their special
duties and police officers shall aid such a corporation, its officers,
agents and members in the enforcement of laws enacted to prevent (i) the
abuse, maltreatment or neglect of a child, as those terms are defined in
section four hundred twelve of the social services law and section one
thousand twelve of the family court act, or (ii) the exploitation of or
harm to a child at the hands of an adult that would constitute a
violation of article one hundred twenty, one hundred thirty, one hundred
thirty-five, two hundred sixty or two hundred sixty-three of the penal
law, and for the prevention of cruelty to animals.

(c) Type of corporation.

A corporation for the prevention of cruelty is a charitable
corporation under this chapter.