S T A T E   O F   N E W   Y O R K
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                                  9001

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 18, 2009
                               ___________

Introduced by M. of A. ALESSI -- read once and referred to the Committee
  on Agriculture

AN  ACT  to  amend  the  agriculture and markets law, in relation to the
  seizure of cats which pose an immediate threat to the public safety or
  nuisance to a person's property

  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 380 to read as follows:
  S  380.  SEIZURE  OF  CATS;  REDEMPTION  PERIODS;  IMPOUNDMENT   FEES;
ADOPTION.  1.  ANY ANIMAL CONTROL OFFICER, PEACE OFFICER OR HEALTH OFFI-
CER, ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER  IN
THE  EMPLOY  OF  OR UNDER CONTRACT TO A MUNICIPALITY SHALL SEIZE ANY CAT
WHICH POSES AN IMMEDIATE THREAT TO THE PUBLIC SAFETY OR  NUISANCE  TO  A
PERSON'S  PROPERTY  AND SHALL KEEP SUCH CAT AT THE COUNTY, CITY, TOWN OR
VILLAGE POUND OR SHELTER OR ANY INCORPORATED HUMANE SOCIETY  OR  SIMILAR
INCORPORATED ANIMAL PROTECTIVE ASSOCIATION IN WHICH THE MUNICIPALITY HAS
A CONTRACT TO PROVIDE POUND OR SHELTER SERVICES.
  2.  EACH  CAT SEIZED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION
SHALL BE PROPERLY SHELTERED, FED AND WATERED FOR THE  REDEMPTION  PERIOD
AS HEREINAFTER PROVIDED.
  3.  EVERY DULY APPOINTED ANIMAL CONTROL OFFICER, PEACE OFFICER, POLICE
OFFICER OR HEALTH OFFICER WHEN ACTING PURSUANT  TO  HIS  OR  HER  DUTIES
SHALL  PROMPTLY  MAKE  AND MAINTAIN A COMPLETE RECORD OF ANY SEIZURE AND
SUBSEQUENT DISPOSITION OF ANY CAT.
  4. A. EACH CAT SHALL BE HELD FOR A PERIOD OF FIFTEEN DAYS FROM THE DAY
SEIZED DURING WHICH PERIOD  THE  CAT  MAY  BE  REDEEMED  BY  ITS  OWNER,
PROVIDED  THAT  SUCH  OWNER  PRODUCES  PROOF  OF  OWNERSHIP  AND FURTHER
PROVIDED THAT THE OWNER PAYS THE FOLLOWING IMPOUNDMENT FEES:
  (I) TEN DOLLARS FOR THE FIRST IMPOUNDMENT OF ANY  CAT  OWNED  BY  THAT
PERSON;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14388-01-9
              

A. 9001                             2

  (II)  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 CAT OWNED BY THAT PERSON; OR
  (III)  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 CAT OWNED BY THAT PERSON.
  B. THE IMPOUNDMENT FEES SET FORTH IN SUBPARAGRAPHS (I), (II) AND (III)
OF PARAGRAPH A OF THIS SUBDIVISION NOTWITHSTANDING, ANY MUNICIPALITY MAY
SET BY LOCAL LAW OR ORDINANCE SUCH FEES IN ANY AMOUNT.
  5. ALL IMPOUNDMENT FEES SHALL BE THE PROPERTY OF THE FACILITY TO WHICH
THEY ARE PAID AND SHALL BE USED ONLY FOR CONTROLLING CATS AND  ENFORCING
THIS SECTION AND ANY RULE, REGULATION, OR LOCAL LAW OR ORDINANCE ADOPTED
PURSUANT THERETO, INCLUDING SUBSIDIZING THE SPAYING OR NEUTERING OF CATS
AND ANY FACILITY HOLDING SUCH ANIMAL.
  6.  ANY  CAT IN THE CUSTODY OF A POUND OR SHELTER SHALL BE MADE AVAIL-
ABLE FOR ADOPTION OR EUTHANIZED SUBJECT TO THE  PROVISIONS  OF  SUBDIVI-
SIONS  TWO-A,  TWO-B,  TWO-C,  TWO-D, AND TWO-E OF SECTION THREE HUNDRED
SEVENTY-FOUR OF THIS ARTICLE AFTER THE TIME FOR REDEMPTION HAS EXPIRED.
  7. NO CAT IMPOUNDED PURSUANT TO THIS SECTION OR IN THE  CARE,  CUSTODY
OR  CONTROL OF AN ANIMAL SHELTER OR OTHER FACILITY FOR LOST, STRAYED AND
HOMELESS ANIMALS SHALL BE SOLD, TRANSFERRED OR OTHERWISE MADE  AVAILABLE
TO  ANY  PERSON  FOR  THE PURPOSE OF RESEARCH, EXPERIMENTATION, TESTING,
TEACHING OR DEMONSTRATION. ANY PERSON WHO  VIOLATES  THE  PROVISIONS  OF
THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF FIVE HUNDRED DOLLARS
FOR EACH VIOLATION.
  8.  NO  LIABILITY IN DAMAGES OR OTHERWISE SHALL BE INCURRED ON ACCOUNT
OF THE SEIZURE, EUTHANIZATION OR ADOPTION OF ANY  CAT  PURSUANT  TO  THE
PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect immediately.