S T A T E   O F   N E W   Y O R K
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                                  1836

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to codifying  animal  cruelty
  laws  under  the  penal law; to amend the agriculture and markets law,
  the criminal procedure law, the environmental  conservation  law,  the
  general business law, the family court act and the administrative code
  of  the  city  of New York, in relation to making conforming technical
  changes; and to repeal article 26 of the agriculture and  markets  law
  relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a  new  article  236  to
read as follows:
                               ARTICLE 236
                        OFFENSES AGAINST ANIMALS
SECTION 236.00 DEFINITIONS.
        236.01 PROHIBITION OF ANIMAL FIGHTING.
        236.02 OVERDRIVING,  TORTURING  AND INJURING ANIMALS; FAILURE TO
                 PROVIDE PROPER SUSTENANCE.
        236.03 AGGRAVATED CRUELTY TO ANIMALS.
        236.04 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
        236.05 ELECTROCUTION OF FUR-BEARING ANIMALS PROHIBITED.
        236.06 SALE OF BABY CHICKS AND BABY RABBITS.
        236.07 ABANDONMENT OF ANIMALS.
        236.08 FAILURE TO PROVIDE PROPER FOOD AND DRINK TO AN  IMPOUNDED
                 ANIMAL.
        236.09 SELLING OR OFFERING TO SELL OR EXPOSING DISEASED ANIMAL.
        236.10 SELLING DISABLED HORSES.
        236.11 LIVE ANIMALS AS PRIZES PROHIBITED.
        236.12 CARRYING AN ANIMAL IN A CRUEL MANNER.
        236.13 TRANSPORTATION OF HORSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01767-01-1
              

A. 1836                             2

        236.14 POISONING OR ATTEMPTING TO POISON ANIMALS.
        236.15 INTERFERENCE WITH OR INJURY TO CERTAIN DOMESTIC ANIMALS.
        236.16 THROWING SUBSTANCE INJURIOUS TO ANIMALS IN PUBLIC PLACE.
        236.17 UNAUTHORIZED  POSSESSION  OF DOGS PRESUMPTIVE EVIDENCE OF
                 LARCENY.
        236.18 RUNNING HORSES ON HIGHWAY.
        236.19 CLIPPING OR CUTTING THE EARS OF DOGS.
        236.20 DOG STEALING.
        236.21 REMOVING,  SEIZING  OR  TRANSPORTING  DOGS  FOR  RESEARCH
                 PURPOSES.
        236.22 LEAVING STATE TO AVOID PROVISIONS OF THIS ARTICLE.
        236.23 OPERATING UPON TAILS OF HORSES UNLAWFUL.
        236.24 INTERFERENCE WITH OFFICERS.
        236.25 PROTECTION  OF THE PUBLIC FROM ATTACK BY WILD ANIMALS AND
                 REPTILES.
        236.26 POWERS OF PEACE OFFICERS.
        236.27 ISSUANCE OF WARRANTS UPON COMPLAINT.
        236.28 SEIZURE OF ANIMALS LOST, STRAYED, HOMELESS, ABANDONED  OR
                 IMPROPERLY CONFINED OR KEPT.
        236.29 HUMANE  DESTRUCTION OR OTHER DISPOSITION OF ANIMALS LOST,
                 STRAYED, HOMELESS, ABANDONED OR IMPROPERLY CONFINED  OR
                 KEPT.
        236.30 OFFICER MAY TAKE POSSESSION OF ANIMALS OR IMPLEMENTS USED
                 IN FIGHTS AMONG ANIMALS.
        236.31 DISPOSITION OF ANIMALS OR IMPLEMENTS USED IN FIGHTS AMONG
                 ANIMALS.
        236.32 DISPOSAL OF DEAD ANIMALS.
        236.33 SPAYING AND NEUTERING OF DOGS AND CATS.
        236.34 UNLAWFUL TAMPERING WITH ANIMAL RESEARCH.
        236.35 PROHIBITION OF THE SELLING OF FUR, HAIR, SKIN OR FLESH OF
                 A DOG OR CAT.
        236.36 CONFINEMENT  OF  COMPANION  ANIMALS  IN VEHICLES; EXTREME
                 TEMPERATURES.
S 236.00 DEFINITIONS.
  1. "ANIMAL", AS USED IN THIS ARTICLE, INCLUDES EVERY  LIVING  CREATURE
EXCEPT A HUMAN BEING.
  2.  "TORTURE"  OR  "CRUELTY" INCLUDES EVERY ACT, OMISSION, OR NEGLECT,
WHEREBY UNJUSTIFIABLE PHYSICAL PAIN, SUFFERING OR  DEATH  IS  CAUSED  OR
PERMITTED.
  3.  "ADOPTION" MEANS THE DELIVERY TO ANY NATURAL PERSON EIGHTEEN YEARS
OF AGE OR OLDER, FOR THE LIMITED PURPOSE OF HARBORING A PET, OF ANY  DOG
OR CAT, SEIZED OR SURRENDERED.
  4.  "FARM  ANIMAL", AS USED IN THIS ARTICLE, MEANS ANY UNGULATE, POUL-
TRY, SPECIES OF CATTLE, SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEAR-
ING ANIMALS, AS DEFINED IN SECTION 11-1907 OF THE ENVIRONMENTAL  CONSER-
VATION  LAW,  WHICH  ARE  RAISED FOR COMMERCIAL OR SUBSISTENCE PURPOSES.
FUR-BEARING ANIMAL SHALL NOT INCLUDE DOGS OR CATS.
  5. "COMPANION ANIMAL" OR "PET" MEANS ANY DOG OR CAT,  AND  SHALL  ALSO
MEAN  ANY  OTHER  DOMESTICATED ANIMAL NORMALLY MAINTAINED IN OR NEAR THE
HOUSEHOLD OF THE OWNER OR PERSON WHO CARES FOR SUCH  OTHER  DOMESTICATED
ANIMAL. "PET" OR "COMPANION ANIMAL" SHALL NOT INCLUDE A "FARM ANIMAL" AS
DEFINED IN THIS SECTION.
S 236.01 PROHIBITION OF ANIMAL FIGHTING.
  1.  DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE TERM "ANIMAL FIGHT-
ING" SHALL MEAN ANY FIGHT BETWEEN COCKS OR OTHER BIRDS, OR BETWEEN DOGS,
BULLS, BEARS OR ANY OTHER ANIMALS, OR BETWEEN  ANY  SUCH  ANIMAL  AND  A

A. 1836                             3

PERSON  OR PERSONS, EXCEPT IN EXHIBITIONS OF A KIND COMMONLY FEATURED AT
RODEOS.
  2.  ANIMAL  FIGHTING; FIRST OFFENSE. (A) ANY PERSON WHO ENGAGES IN ANY
OF THE FOLLOWING CONDUCT IS GUILTY OF A CLASS E FELONY FOR  HIS  OR  HER
FIRST OFFENSE PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR
YEARS,  OR  BY  A FINE NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS, OR BY
BOTH SUCH FINE AND IMPRISONMENT:
  (I) FOR AMUSEMENT OR GAIN, CAUSES  ANY  ANIMAL  TO  ENGAGE  IN  ANIMAL
FIGHTING; OR
  (II)  TRAINS  ANY  ANIMAL  UNDER CIRCUMSTANCES EVINCING AN INTENT THAT
SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING FOR AMUSEMENT OR GAIN; OR
  (III) BREEDS, SELLS OR OFFERS FOR SALE ANY ANIMAL UNDER  CIRCUMSTANCES
EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
  (IV)  PERMITS  ANY ACT DESCRIBED IN SUBPARAGRAPH (I), (II) OR (III) OF
THIS PARAGRAPH TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
  (V) OWNS, POSSESSES OR KEEPS ANY ANIMAL TRAINED TO  ENGAGE  IN  ANIMAL
FIGHTING  ON  PREMISES  WHERE  AN EXHIBITION OF ANIMAL FIGHTING IS BEING
CONDUCTED UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE
IN ANIMAL FIGHTING.
  (B) IF ANY OF THE CONDUCT SPECIFIED IN PARAGRAPH (A) OF THIS  SUBDIVI-
SION  RESULTS  IN PHYSICAL INJURY, SERIOUS PHYSICAL INJURY, OR THE DEATH
OF THE ANIMAL, THE PERSON WHO ENGAGES IN SUCH CONDUCT SHALL BE GUILTY OF
A CLASS D FELONY.
  3. POSSESSION OF FIGHTING ANIMAL; FIRST OFFENSE. (A)  ANY  PERSON  WHO
ENGAGES  IN  CONDUCT  SPECIFIED  IN PARAGRAPH (B) OF THIS SUBDIVISION IS
GUILTY OF A CLASS A MISDEMEANOR AND IS PUNISHABLE BY IMPRISONMENT FOR  A
PERIOD  NOT TO EXCEED ONE YEAR, OR BY A FINE NOT TO EXCEED FIFTEEN THOU-
SAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  (B) THE OWNING, POSSESSING OR KEEPING  OF  ANY  ANIMAL  UNDER  CIRCUM-
STANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
  4.  ATTENDING  OR  WAGERING  ON  ANIMAL FIGHTS; FIRST OFFENSE. (A) ANY
PERSON WHO ENGAGES IN CONDUCT SPECIFIED IN PARAGRAPH (B) OF THIS  SUBDI-
VISION IS GUILTY OF A CLASS A MISDEMEANOR AND IS PUNISHABLE BY IMPRISON-
MENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY A FINE NOT TO EXCEED ONE
THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  (B)  THE  KNOWING PRESENCE AS A SPECTATOR HAVING PAID AN ADMISSION FEE
OR HAVING MADE A WAGER AT ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHT-
ING IS BEING CONDUCTED.
  5. SECOND AND ADDITIONAL OFFENSES. (A) ANY PERSON WHO IS CONVICTED  OF
A  VIOLATION OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION AND HAS
PREVIOUSLY BEEN CONVICTED OF A VIOLATION  OF  SUCH  PARAGRAPH  SHALL  BE
GUILTY OF A CLASS D FELONY.
  (B)  ANY  PERSON  WHO  IS CONVICTED OF A VIOLATION OF PARAGRAPH (B) OF
SUBDIVISION TWO OF THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF
A VIOLATION OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS C FELONY.
  (C) ANY PERSON WHO IS CONVICTED OF A VIOLATION  OF  PARAGRAPH  (A)  OF
SUBDIVISION  TWO  OF  THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED
TWO OR MORE TIMES OF A VIOLATION OF SUCH PARAGRAPH SHALL BE GUILTY OF  A
CLASS C FELONY.
  (D)  ANY  PERSON  WHO  IS CONVICTED OF A VIOLATION OF PARAGRAPH (B) OF
SUBDIVISION TWO OF THIS SECTION AND WHO HAS  PREVIOUSLY  BEEN  CONVICTED
TWO  OR MORE TIMES OF A VIOLATION OF SUCH PARAGRAPH SHALL BE GUILTY OF A
CLASS B FELONY.
  (E) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION THREE OF
THIS SECTION AND HAS PREVIOUSLY BEEN CONVICTED OF A  VIOLATION  OF  SUCH
SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.

A. 1836                             4

  (F)  ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION FOUR OF
THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED  OF  A  VIOLATION  OF
SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
S 236.02 OVERDRIVING, TORTURING AND INJURING ANIMALS; FAILURE TO PROVIDE
           PROPER SUSTENANCE.
  1.  A  PERSON  WHO TORTURES OR CRUELLY BEATS OR UNJUSTIFIABLY INJURES,
MAIMS, MUTILATES OR KILLS ANY ANIMAL, WHETHER WILD OR TAME, AND  WHETHER
BELONGING  TO HIMSELF, HERSELF, OR TO ANOTHER SHALL BE GUILTY OF A CLASS
E FELONY.
  2. ANY PERSON WHO DEPRIVES ANY ANIMAL OF NECESSARY SUSTENANCE, FOOD OR
DRINK, OR NEGLECTS OR REFUSES TO FURNISH IT SUCH SUSTENANCE OR DRINK, OR
CAUSES, PROCURES OR PERMITS ANY ANIMAL TO BE OVERDRIVEN  OR  OVERLOADED,
OR  WHO  WILFULLY  SETS  ON  FOOT, INSTIGATES, ENGAGES IN, OR IN ANY WAY
FURTHERS ANY ACT OF CRUELTY TO ANY ANIMAL, OR ANY ACT TENDING TO PRODUCE
SUCH CRUELTY, IS GUILTY OF A CLASS A MISDEMEANOR.
  3. ANY PERSON WHO DEPRIVES ANY ANIMAL OF NECESSARY SUSTENANCE, FOOD OR
DRINK, OR NEGLECTS OR REFUSES TO FURNISH IT SUCH SUSTENANCE OR DRINK, OR
CAUSES, PROCURES OR PERMITS ANY ANIMAL TO BE OVERDRIVEN  OR  OVERLOADED,
AND  SUCH  ACT  RESULTS  IN  THE SERIOUS PHYSICAL INJURY OR DEATH OF THE
ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
  4. (A) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF  SUBDIVISION  ONE
OF  THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF
SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
  (B) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION  TWO  OF
THIS  SECTION  AND  WHO  HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF
SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
  (C) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION THREE OF
THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED  OF  A  VIOLATION  OF
SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
  5.  NOTHING  HEREIN CONTAINED SHALL BE CONSTRUED TO PROHIBIT OR INTER-
FERE WITH ANY PROPERLY CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS OR INVES-
TIGATIONS, INVOLVING THE USE OF LIVING ANIMALS, PERFORMED  OR  CONDUCTED
IN  LABORATORIES  OR INSTITUTIONS, WHICH ARE APPROVED FOR THESE PURPOSES
BY  THE  COMMISSIONER  OF  HEALTH.  THE  COMMISSIONER  OF  HEALTH  SHALL
PRESCRIBE THE RULES UNDER WHICH SUCH APPROVALS SHALL BE GRANTED, INCLUD-
ING  THEREIN  STANDARDS  REGARDING  THE  CARE  AND TREATMENT OF ANY SUCH
ANIMALS. SUCH RULES SHALL BE PUBLISHED AND COPIES THEREOF  CONSPICUOUSLY
POSTED  IN  EACH  SUCH  LABORATORY OR INSTITUTION.   THE COMMISSIONER OF
HEALTH OR HIS OR HER DULY AUTHORIZED REPRESENTATIVE SHALL HAVE THE POWER
TO INSPECT SUCH LABORATORIES OR INSTITUTIONS TO INSURE  COMPLIANCE  WITH
SUCH  RULES AND STANDARDS. EACH SUCH APPROVAL MAY BE REVOKED AT ANY TIME
FOR FAILURE TO COMPLY WITH SUCH RULES AND IN ANY CASE THE APPROVAL SHALL
BE LIMITED TO A PERIOD NOT EXCEEDING ONE YEAR.
S 236.03 AGGRAVATED CRUELTY TO ANIMALS.
  1. A PERSON IS GUILTY OF AGGRAVATED CRUELTY TO ANIMALS WHEN,  WITH  NO
JUSTIFIABLE  PURPOSE,  HE  OR  SHE  INTENTIONALLY KILLS OR INTENTIONALLY
CAUSES SERIOUS PHYSICAL INJURY TO A  COMPANION  ANIMAL  WITH  AGGRAVATED
CRUELTY.
  2.  FOR  PURPOSES  OF  THIS  SECTION,  "AGGRAVATED CRUELTY" SHALL MEAN
CONDUCT WHICH: (A) IS INTENDED TO CAUSE EXTREME PHYSICAL PAIN; OR (B) IS
DONE OR CARRIED OUT IN AN ESPECIALLY DEPRAVED OR SADISTIC MANNER.
  3. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF  ANIMALS

A. 1836                             5

POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
OTHERWISE LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF LIVING
ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
FOR  SUCH  PURPOSES  BY  THE  COMMISSIONER OF HEALTH PURSUANT TO SECTION
236.02 OF THIS ARTICLE.
  4. AGGRAVATED CRUELTY TO ANIMALS IS A CLASS E FELONY.
  5. ANY PERSON WHO IS CONVICTED OF A VIOLATION OF  SUBDIVISION  ONE  OF
THIS  SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION UNDER
THIS SECTION SHALL BE GUILTY OF A CLASS D FELONY.
S 236.04 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
  1. FOR PURPOSES OF THIS SECTION:
  (A) "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF  A
DOG  DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE OWNER
OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
  (B) "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE  LIKELY
TO  ADVERSELY  AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING BUT NOT
LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
  (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
INCLEMENT WEATHER WITHOUT READY ACCESS TO, OR THE ABILITY  TO  ENTER,  A
HOUSE,  APARTMENT  BUILDING,  OFFICE  BUILDING,  OR  ANY OTHER PERMANENT
STRUCTURE THAT COMPLIES WITH THE STANDARDS ENUMERATED IN  PARAGRAPH  (B)
OF SUBDIVISION FIVE OF THIS SECTION.
  2.  (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT IS
LEFT OUTDOORS SHALL PROVIDE IT WITH SHELTER APPROPRIATE  TO  ITS  BREED,
PHYSICAL  CONDITION  AND  THE CLIMATE. ANY PERSON WHO KNOWINGLY VIOLATES
THE PROVISIONS OF THIS SUBDIVISION SHALL BE GUILTY OF A CLASS  B  MISDE-
MEANOR.
  (B)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
SUBDIVISION WHERE SUCH VIOLATION RESULTS IN THE PHYSICAL INJURY  TO  THE
ANIMAL SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  (C)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
SUBDIVISION WHERE SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL  INJURY
OR DEATH TO THE ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
  (D)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
SUBDIVISION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF  THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  (E)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (B) OF THIS
SUBDIVISION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF  THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
  (F)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (C) OF THIS
SUBDIVISION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF  THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
  3.  BEGINNING  SEVENTY-TWO  HOURS  AFTER  A  CHARGE  OF VIOLATING THIS
SECTION, EACH DAY THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES  IN
THE  DOG  SHELTER FOR A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS OR HER
CUSTODY OR CONTROL AND THAT IS LEFT OUTDOORS, SO AS  TO  BRING  IT  INTO
COMPLIANCE  WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPA-
RATE OFFENSE.
  4. THE COURT MAY, IN ITS DISCRETION, REDUCE THE  AMOUNT  OF  ANY  FINE
IMPOSED  FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE DEFEND-
ANT PROVES HE OR SHE HAS SPENT PROVIDING A DOG SHELTER OR  REPAIRING  AN
EXISTING  DOG  SHELTER SO THAT IT COMPLIES WITH THE REQUIREMENTS OF THIS
SECTION. NOTHING IN THIS SUBDIVISION SHALL PREVENT THE SEIZURE OF A  DOG
FOR  A  VIOLATION  OF  THIS SECTION PURSUANT TO THE AUTHORITY GRANTED IN
THIS ARTICLE.

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  5. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO
A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE:
  (A)  FOR  DOGS  THAT  ARE  RESTRAINED IN ANY MANNER OUTDOORS, SHADE BY
NATURAL OR ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT  SUNLIGHT  AT
ALL  TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH OF
THE DOG.
  (B) FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A  HOUS-
ING  FACILITY,  WHICH  MUST:  (I) HAVE A WATERPROOF ROOF; (II) BE STRUC-
TURALLY SOUND WITH INSULATION APPROPRIATE TO LOCAL  CLIMATIC  CONDITIONS
AND  SUFFICIENT  TO  PROTECT  THE  DOG  FROM INCLEMENT WEATHER; (III) BE
CONSTRUCTED TO ALLOW EACH DOG  ADEQUATE  FREEDOM  OF  MOVEMENT  TO  MAKE
NORMAL  POSTURAL  ADJUSTMENTS,  INCLUDING  THE ABILITY TO STAND UP, TURN
AROUND AND LIE DOWN WITH ITS LIMBS  OUTSTRETCHED;  AND  (IV)  ALLOW  FOR
EFFECTIVE  REMOVAL  OF EXCRETIONS, OTHER WASTE MATERIAL, DIRT AND TRASH.
THE HOUSING FACILITY AND THE AREA IMMEDIATELY SURROUNDING  IT  SHALL  BE
REGULARLY  CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND TO
MINIMIZE HEALTH HAZARDS.
  6. INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE  HOUS-
ING  FACILITY  ITSELF,  INCLUDING  BUT  NOT LIMITED TO, SIZE, STRUCTURAL
SOUNDNESS, EVIDENCE OF CROWDING WITHIN THE HOUSING  FACILITY,  HEALTHFUL
ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
  7.  UPON  A  FINDING OF ANY VIOLATION OF THIS SECTION, ANY DOG OR DOGS
SEIZED PURSUANT TO THE PROVISIONS OF THIS ARTICLE  THAT  HAVE  NOT  BEEN
VOLUNTARILY  SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED PURSUANT
TO COURT ORDER SHALL BE RETURNED TO THE OWNER  OR  CUSTODIAN  ONLY  UPON
PROOF  THAT  APPROPRIATE  SHELTER  AS  REQUIRED BY THIS SECTION IS BEING
PROVIDED.
  8.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
OF THIS ARTICLE.
S 236.05 ELECTROCUTION OF FUR-BEARING ANIMALS PROHIBITED.
  1.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON SHALL INTEN-
TIONALLY KILL, OR STUN TO  FACILITATE  THE  KILLING  OF,  A  FUR-BEARING
ANIMAL  BY  MEANS  OF  AN  ELECTRICAL  CURRENT.  FOR THE PURPOSE OF THIS
SECTION, "FUR-BEARING ANIMAL" MEANS ARCTIC FOX,  RED  FOX,  SILVER  FOX,
CHINCHILLA,  MINK,  PINE  MARTEN, MUSKRAT, AND THOSE FUR-BEARING ANIMALS
INCLUDED WITHIN THE PROVISIONS OF SECTION 11-1907 OF  THE  ENVIRONMENTAL
CONSERVATION LAW.
  2.  A VIOLATION OF SUBDIVISION ONE OF THIS SECTION IS A CLASS A MISDE-
MEANOR.
S 236.06 SALE OF BABY CHICKS AND BABY RABBITS.
  1. NO PERSON SHALL SELL, OFFER FOR SALE, BARTER OR  GIVE  AWAY  LIVING
BABY  CHICKS, DUCKLINGS OR OTHER FOWL OR BABY RABBITS UNLESS SUCH PERSON
PROVIDES PROPER BROODER FACILITIES WHERE APPROPRIATE  FOR  THE  CARE  OF
SUCH  BABY  CHICKS,  DUCKLINGS  OR OTHER FOWL OR BABY RABBITS DURING THE
TIME THEY ARE IN THE POSSESSION OF SUCH PERSON. FOR THE PURPOSES OF THIS
SECTION, A BABY RABBIT SHALL BE A RABBIT OF LESS THAN TWO MONTHS OF AGE.
  2. NO PERSON SHALL SELL, OFFER FOR SALE, BARTER OR DISPLAY LIVING BABY
CHICKS, DUCKLINGS OR OTHER FOWL OR BABY RABBITS WHICH  HAVE  BEEN  DYED,
COLORED  OR  OTHERWISE  TREATED  SO  AS  TO IMPART TO THEM AN ARTIFICIAL
COLOR.
  3. NO PROVISION OF SUBDIVISION TWO OF THIS SECTION SHALL BE INTERPRET-
ED OR APPLIED TO PREVENT OR RESTRICT TEACHERS AND QUALIFIED  INSTRUCTORS
OF  YOUTH UNDER THE GUIDANCE AND SUPERVISION OF THE NEW YORK STATE COOP-
ERATIVE EXTENSION SERVICE FROM USING  EGGS  FOR  NON-PROFIT  EDUCATIONAL

A. 1836                             7

PURPOSES  OR  FROM  OBSERVING FOWL HATCHED FROM SUCH EGGS FOR NON-PROFIT
EDUCATIONAL PURPOSES.
  4.  NO  PERSON  SHALL SELL, OFFER FOR SALE, BARTER OR GIVE AWAY LIVING
BABY CHICKS, DUCKLINGS OR OTHER FOWL OR BABY RABBITS UNDER TWO MONTHS OF
AGE IN ANY QUANTITY LESS THAN SIX.
  5. A VIOLATION OF THE PROVISIONS OF THIS  SECTION  IS  A  MISDEMEANOR,
PUNISHABLE  BY  IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF
NOT MORE THAN FIVE HUNDRED DOLLARS, OR BY BOTH.
S 236.07 ABANDONMENT OF ANIMALS.
  1. A PERSON BEING THE OWNER OR POSSESSOR, OR HAVING CHARGE OR  CUSTODY
OF AN ANIMAL, WHO ABANDONS SUCH ANIMAL, OR LEAVES IT TO DIE IN A STREET,
ROAD OR PUBLIC PLACE, OR WHO ALLOWS SUCH ANIMAL, IF IT BECOMES DISABLED,
TO  LIE  IN  A PUBLIC STREET, ROAD OR PUBLIC PLACE MORE THAN THREE HOURS
AFTER HE OR SHE RECEIVES NOTICE THAT IT IS LEFT DISABLED, IS GUILTY OF A
CLASS A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT  MORE  THAN  ONE
YEAR, OR BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
  2.  (A)  A  PERSON  BEING  THE OWNER OR POSSESSOR, OR HAVING CHARGE OR
CUSTODY OF AN ANIMAL, WHO ABANDONS SUCH ANIMAL, OR LEAVES IT TO DIE IN A
STREET, ROAD OR PUBLIC PLACE, OR WHO ALLOWS SUCH ANIMAL, IF  IT  BECOMES
DISABLED,  TO  LIE  IN  A  PUBLIC STREET, ROAD OR PUBLIC PLACE MORE THAN
THREE HOURS AFTER HE OR SHE RECEIVES NOTICE THAT IT  IS  LEFT  DISABLED,
AND
  (B)  SUCH ACT OR FAILURE TO ACT RESULTS IN THE SERIOUS PHYSICAL INJURY
OR DEATH OF THE ANIMAL, IS GUILTY OF A CLASS E FELONY.
  3. (A) ANY PERSON WHO IS CONVICTED  OF  VIOLATING  THE  PROVISIONS  OF
SUBDIVISION ONE OF THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF
A VIOLATION OF SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
  (B)  ANY PERSON WHO IS CONVICTED OF VIOLATING THE PROVISIONS OF SUBDI-
VISION TWO OF THIS SECTION AND WHO HAS PREVIOUSLY BEEN  CONVICTED  OF  A
VIOLATION OF SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
S  236.08  FAILURE  TO  PROVIDE  PROPER  FOOD  AND DRINK TO AN IMPOUNDED
ANIMAL.
  1. (A) A PERSON WHO, HAVING IMPOUNDED OR CONFINED ANY ANIMAL,  REFUSES
OR NEGLECTS TO SUPPLY TO SUCH ANIMAL DURING ITS CONFINEMENT A SUFFICIENT
SUPPLY  OF GOOD AND WHOLESOME AIR, FOOD, SHELTER AND WATER, IS GUILTY OF
A CLASS A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN  ONE
YEAR, OR BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
  (B)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
SUBDIVISION AND SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL INJURY OR
DEATH OF THE ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
  (C) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
  (D) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (B)  OF  THIS
SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
  2. IN CASE ANY ANIMAL SHALL BE AT ANY TIME IMPOUNDED AS AFORESAID, AND
SHALL CONTINUE TO BE WITHOUT NECESSARY FOOD  AND  WATER  FOR  MORE  THAN
TWELVE SUCCESSIVE HOURS, IT SHALL BE LAWFUL FOR ANY PERSON, FROM TIME TO
TIME,  AND AS OFTEN AS IT SHALL BE NECESSARY, TO ENTER INTO AND UPON ANY
POUND IN WHICH ANY SUCH ANIMAL SHALL BE SO CONFINED, AND  TO  SUPPLY  IT
WITH  NECESSARY  FOOD AND WATER, SO LONG AS IT SHALL REMAIN SO CONFINED;
SUCH PERSON SHALL NOT BE LIABLE FOR ANY ACTION FOR SUCH ENTRY,  AND  THE
REASONABLE  COST  OF  SUCH FOOD AND WATER MAY BE COLLECTED BY HIM OR HER
FROM THE OWNER OF SUCH ANIMAL, AND SAID ANIMAL SHALL NOT BE EXEMPT  FROM
LEVY AND SALE UPON EXECUTION ISSUED UPON A JUDGMENT THEREFOR.

A. 1836                             8

S 236.09 SELLING OR OFFERING TO SELL OR EXPOSING DISEASED ANIMAL.
  A PERSON WHO WILFULLY SELLS OR OFFERS TO SELL, USES, EXPOSES, OR CAUS-
ES  OR  PERMITS TO BE SOLD, OFFERED FOR SALE, USED OR EXPOSED, ANY HORSE
OR OTHER ANIMAL HAVING THE DISEASE KNOWN AS GLANDERS OR FARCY, OR  OTHER
CONTAGIOUS  OR  INFECTIOUS  DISEASE  DANGEROUS  TO THE LIFE OR HEALTH OF
HUMAN BEINGS, OR ANIMALS, OR WHICH IS DISEASED  PAST  RECOVERY,  OR  WHO
REFUSES  UPON DEMAND TO DEPRIVE OF LIFE AN ANIMAL AFFECTED WITH ANY SUCH
DISEASE, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR  NOT
MORE  THAN  ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS
OR BY BOTH.
S 236.10 SELLING DISABLED HORSES.
  IT SHALL BE UNLAWFUL FOR ANY PERSON HOLDING  AN  AUCTIONEER'S  LICENSE
KNOWINGLY  TO  RECEIVE  OR  OFFER FOR SALE OR TO SELL AT PUBLIC AUCTION,
OTHER THAN AT A SHERIFF'S OR JUDICIAL SALE  UNDER  A  COURT  ORDER,  ANY
HORSE WHICH BY REASON OF DEBILITY, DISEASE OR LAMENESS, OR FOR ANY OTHER
CAUSE,  COULD  NOT  BE  WORKED  IN  THIS STATE WITHOUT VIOLATING THE LAW
AGAINST CRUELTY TO ANIMALS. ANY PERSON VIOLATING ANY PROVISION  OF  THIS
SECTION  SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN FIVE DOLLARS NOR
MORE THAN ONE HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN  SIX
MONTHS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
S 236.11 LIVE ANIMALS AS PRIZES PROHIBITED.
  1.  FOR THE PURPOSES OF THIS SECTION "LIVESTOCK" SHALL MEAN ANY DOMES-
TICATED SHEEP, GOAT, HORSE, CATTLE OR SWINE.
  2. NO PERSON SHALL GIVE OR OFFER TO GIVE AWAY AS A PRIZE, OR  EXCHANGE
OR  OFFER  TO  EXCHANGE FOR NOMINAL CONSIDERATION, ANY LIVE ANIMAL OTHER
THAN PUREBRED LIVESTOCK OR FISH IN ANY GAME, DRAWING,  CONTEST,  SWEEPS-
TAKES  OR  OTHER PROMOTION, EXCEPT WHEN ANY LIVE ANIMAL IS GIVEN AWAY BY
INDIVIDUALS OR ORGANIZATIONS OPERATING IN CONJUNCTION WITH A COOPERATIVE
EXTENSION EDUCATION PROGRAM OR  AGRICULTURAL  VOCATIONAL  PROGRAM  SANC-
TIONED BY THE EDUCATION DEPARTMENT.
  3.  THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL PROMULGATE RULES
AND REGULATIONS WHICH PROVIDE GUIDELINES,  CONDITIONS  AND  REQUIREMENTS
WHEN  ANY LIVE ANIMAL IS GIVEN AWAY UNDER THE EXCEPTIONS PROVIDED FOR IN
SUBDIVISION TWO OF THIS SECTION.
  4. ANY PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
SUBJECT  TO  CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS OR
IN LIEU THEREOF SHALL BE GUILTY OF A VIOLATION PUNISHABLE  SOLELY  BY  A
FINE OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS.
S 236.12 CARRYING AN ANIMAL IN A CRUEL MANNER.
  1.  (A)  A  PERSON  WHO CARRIES OR CAUSES TO BE CARRIED IN OR UPON ANY
VESSEL OR VEHICLE OR OTHERWISE,  ANY  ANIMAL  IN  A  CRUEL  OR  INHUMANE
MANNER, OR SO AS TO PRODUCE TORTURE, IS GUILTY OF A CLASS A MISDEMEANOR,
PUNISHABLE  BY  IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF
NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
  (B) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION AND SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL INJURY OR
DEATH OF THE ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
  (C)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
SUBDIVISION AND WHO HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
  (D)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (B) OF THIS
SUBDIVISION AND WHO HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
  2.  A RAILWAY CORPORATION, OR AN OWNER, AGENT, CONSIGNEE, OR PERSON IN
CHARGE OF ANY HORSES, SHEEP, CATTLE, OR SWINE, IN THE COURSE OF, OR  FOR
TRANSPORTATION,  WHO  CONFINES,  OR  CAUSES  OR  SUFFERS  THE SAME TO BE

A. 1836                             9

CONFINED, IN CARS FOR A  LONGER  PERIOD  THAN  TWENTY-EIGHT  CONSECUTIVE
HOURS,  OR  THIRTY-SIX  CONSECUTIVE  HOURS WHERE CONSENT IS GIVEN IN THE
MANNER HEREINAFTER PROVIDED, WITHOUT UNLOADING FOR REST, WATER AND FEED-
ING,  DURING FIVE CONSECUTIVE HOURS, UNLESS PREVENTED BY STORM OR INEVI-
TABLE ACCIDENT, IS GUILTY OF A CLASS A MISDEMEANOR.  THE  CONSENT  WHICH
WILL  EXTEND  THE  PERIOD FROM TWENTY-EIGHT TO THIRTY-SIX HOURS SHALL BE
GIVEN BY THE OWNER, OR BY PERSON IN CUSTODY OF A PARTICULAR SHIPMENT, BY
A WRITING SEPARATE AND APART FROM ANY PRINTED BILL OF  LADING  OR  OTHER
RAILROAD FORM. IN ESTIMATING SUCH CONFINEMENT, THE TIME DURING WHICH THE
ANIMALS  HAVE BEEN CONFINED WITHOUT REST, ON CONNECTING ROADS FROM WHICH
THEY ARE RECEIVED, MUST BE COMPUTED.
S 236.13 TRANSPORTATION OF HORSES.
  1. EVERY VEHICLE UTILIZED FOR THE  TRANSPORTATION  OF  MORE  THAN  SIX
HORSES SHALL MEET THE FOLLOWING REQUIREMENTS:
  (A)   THE   INTERIORS  OF  COMPARTMENTS  CONTAINING  HORSES  SHALL  BE
CONSTRUCTED OF SMOOTH MATERIALS, CONTAINING NO SHARP OBJECTS OR  PROTRU-
SIONS WHICH ARE HAZARDOUS;
  (B)  THE FLOORS SHALL BE OF SUCH CONSTRUCTION OR COVERED WITH ABRASIVE
MATERIAL SO AS TO PREVENT HORSES FROM SKIDDING OR SLIDING;
  (C) THERE SHALL BE SUFFICIENT  APERTURES  TO  INSURE  ADEQUATE  VENTI-
LATION;
  (D)  THERE  SHALL BE SUFFICIENT INSULATION OR COVERINGS TO MAINTAIN AN
ADEQUATE TEMPERATURE IN THE COMPARTMENT CONTAINING HORSES;
  (E) PARTITIONS OF STURDY CONSTRUCTION SHALL BE PLACED A MAXIMUM OF TEN
FEET APART IN VEHICLES WHICH DO NOT HAVE STALLS;
  (F) DOORWAYS SHALL BE OF SUFFICIENT HEIGHT TO ALLOW SAFE  INGRESS  AND
EGRESS OF EACH HORSE CONTAINED IN THE COMPARTMENT;
  (G)  EACH  COMPARTMENT CONTAINING HORSES SHALL BE OF SUCH HEIGHT SO AS
TO ALLOW SUFFICIENT CLEARANCE ABOVE THE POLL AND WITHERS OF  EACH  HORSE
IN THE COMPARTMENT;
  (H)  RAMPS  SUFFICIENT  FOR  LOADING  AND  UNLOADING  HORSES  SHALL BE
PROVIDED IF THE VERTICAL DISTANCE FROM  THE  FLOOR  OF  THE  COMPARTMENT
CONTAINING HORSES TO THE GROUND IS GREATER THAN FIFTEEN INCHES; AND
  (I) THERE SHALL BE AT LEAST TWO DOORWAYS FOR INGRESS AND EGRESS, WHICH
SHALL NOT BE ON THE SAME SIDE.
  2.  EVERY  VEHICLE  UTILIZED  FOR  THE TRANSPORTATION OF MORE THAN SIX
HORSES OVER A HIGHWAY SHALL HAVE NO MORE THAN ONE TIER.
  3. (A) TRANSPORTING A HORSE IN VIOLATION OF THIS SECTION  SHALL  BE  A
VIOLATION  PUNISHABLE  BY  A  FINE  OF  NOT  MORE THAN TWO HUNDRED FIFTY
DOLLARS.
  (B) ANY SUBSEQUENT VIOLATION OF THIS SECTION ON  A  DATE  FOLLOWING  A
CONVICTION  UNDER  THE PROVISIONS OF THIS SECTION SHALL BE A MISDEMEANOR
PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR  IMPRISON-
MENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
  4.  THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL PROMULGATE RULES
AND REGULATIONS, INCLUDING SIZE SPECIFICATIONS, AND ESTABLISH GUIDELINES
IN ORDER TO FACILITATE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
  5. (A) THE TERM "HORSE" AS USED THROUGHOUT THIS SECTION SHALL APPLY TO
THE ENTIRE FAMILY OF EQUIDAE.
  (B) THE TERM "VEHICLE" AS USED THROUGHOUT THIS SECTION SHALL APPLY  TO
EVERY  DEVICE  IN, UPON, OR BY WHICH ANY PERSON OR PROPERTY IS OR MAY BE
TRANSPORTED OR DRAWN UPON A HIGHWAY, EXCEPT DEVICES MOVED BY HUMAN POWER
OR USED EXCLUSIVELY UPON STATIONARY RAILS OR TRACKS.
  6. THE COURT IN WHICH  A  CONVICTION  UNDER  THE  PROVISIONS  OF  THIS
SECTION IS OBTAINED, SHALL, WITHIN THIRTY DAYS OF SUCH CONVICTION, TRAN-
SMIT  A  COPY  OF  THE  RECORD OF CONVICTION TO THE DIVISION OF CRIMINAL

A. 1836                            10

JUSTICE SERVICES WHICH SHALL MAINTAIN A RECORD OF  SUCH  CONVICTION  FOR
THE PURPOSE OF IDENTIFYING SUBSEQUENT VIOLATIONS OF THIS SECTION.
S 236.14 POISONING OR ATTEMPTING TO POISON ANIMALS.
  1.  A  PERSON  WHO  UNJUSTIFIABLY ADMINISTERS ANY POISONOUS OR NOXIOUS
DRUG OR SUBSTANCE TO ANY ANIMAL IS GUILTY OF A CLASS E FELONY.
  2. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE  OF  THIS
SECTION  AND  SUCH  VIOLATION  RESULTS IN THE SERIOUS PHYSICAL INJURY OR
DEATH OF THE ANIMAL SHALL BE GUILTY OF A CLASS D FELONY.
  3. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE  OF  THIS
SECTION   AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  THE
PROVISIONS OF SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
  4. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION TWO  OF  THIS
SECTION  AND  WHO  HAS  PREVIOUSLY BEEN CONVICTED OF A FELONY UNDER SUCH
SUBDIVISION SHALL BE GUILTY OF A CLASS C FELONY.
S 236.15 INTERFERENCE WITH OR INJURY TO CERTAIN DOMESTIC ANIMALS.
  A PERSON WHO  WILFULLY  OR  UNJUSTIFIABLY  INTERFERES  WITH,  INJURES,
DESTROYS  OR  TAMPERS  WITH  OR  WHO  WILFULLY SETS ON FOOT, INSTIGATES,
ENGAGES IN OR IN ANY WAY FURTHERS ANY ACT BY WHICH ANY HORSE, MULE,  DOG
OR  ANY  OTHER DOMESTIC ANIMAL USED FOR THE PURPOSES OF RACING, BREEDING
OR COMPETITIVE EXHIBITION OF SKILL,  BREED  OR  STAMINA,  IS  INTERFERED
WITH, INJURED, DESTROYED OR TAMPERED WITH, OR ANY ACT TENDING TO PRODUCE
SUCH INTERFERENCE, INJURY, DESTRUCTION OR TAMPERING, WHETHER SUCH HORSE,
MULE,  DOG  OR OTHER DOMESTIC ANIMAL BE THE PROPERTY OF HIMSELF, HERSELF
OR ANOTHER, IS GUILTY OF A FELONY.
S 236.16 THROWING SUBSTANCE INJURIOUS TO ANIMALS IN PUBLIC PLACE.
  A PERSON WHO WILFULLY THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN,
DROPPED OR PLACED UPON ANY ROAD, HIGHWAY, STREET OR  PUBLIC  PLACE,  ANY
GLASS,  NAILS,  PIECES  OF  METAL, OR OTHER SUBSTANCE WHICH MIGHT WOUND,
DISABLE OR INJURE ANY ANIMAL IS GUILTY OF A MISDEMEANOR,  PUNISHABLE  BY
IMPRISONMENT  FOR  NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN
ONE THOUSAND DOLLARS, OR BY BOTH.
S 236.17 UNAUTHORIZED POSSESSION OF DOGS PRESUMPTIVE EVIDENCE OF  LARCE-
           NY.
  THE  UNAUTHORIZED  POSSESSION  OF A DOG OR DOGS, BY ANY PERSON NOT THE
TRUE OWNER, FOR A PERIOD EXCEEDING TEN DAYS,  WITHOUT  NOTIFYING  EITHER
THE  OWNER,  THE  LOCAL POLICE AUTHORITIES, OR THE SUPERINTENDENT OF THE
STATE POLICE AT ALBANY, NEW YORK, OF SUCH POSSESSION, SHALL BE  PRESUMP-
TIVE EVIDENCE OF LARCENY.
S 236.18 RUNNING HORSES ON HIGHWAY.
  A  PERSON  DRIVING ANY VEHICLE UPON ANY PLANK ROAD, TURNPIKE OR PUBLIC
HIGHWAY, WHO UNJUSTIFIABLY RUNS THE HORSES DRAWING THE SAME,  OR  CAUSES
OR PERMITS THEM TO RUN, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRI-
SONMENT  FOR  NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN FIVE
HUNDRED DOLLARS, OR BY BOTH.
S 236.19 CLIPPING OR CUTTING THE EARS OF DOGS.
  1. (A) WHOEVER CLIPS OR CUTS OFF OR CAUSES OR PROCURES ANOTHER TO CLIP
OR CUT OFF THE WHOLE OR ANY PART OF AN EAR OF ANY DOG  UNLESS  AN  ANES-
THETIC SHALL HAVE BEEN GIVEN TO THE DOG AND THE OPERATION PERFORMED BY A
LICENSED VETERINARIAN, IS GUILTY OF A CLASS A MISDEMEANOR, PUNISHABLE BY
IMPRISONMENT  FOR NOT MORE THAN ONE YEAR, OR A FINE OF NOT MORE THAN ONE
THOUSAND DOLLARS, OR BY BOTH.
  (B) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION  AND  SUCH  VIOLATION RESULTS IN THE MAIMING OR TORTURING OF
THE ANIMAL THAT CAUSES SERIOUS PHYSICAL INJURY TO THE  ANIMAL  SHALL  BE
GUILTY OF A CLASS E FELONY.

A. 1836                            11

  (C)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
SUBDIVISION AND WHO HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
  (D)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (B) OF THIS
SUBDIVISION AND WHO HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  THE
PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
  2.  EACH  APPLICANT  FOR  A DOG LICENSE MUST STATE ON SUCH APPLICATION
WHETHER ANY EAR OF THE DOG FOR WHICH HE OR SHE APPLIES FOR SUCH  LICENSE
HAS BEEN CUT OFF WHOLLY OR IN PART.
  3.  NOTHING  HEREIN CONTAINED SHALL BE CONSTRUED AS PREVENTING ANY DOG
WHOSE EAR OR EARS SHALL HAVE BEEN CLIPPED OR CUT OFF WHOLLY OR IN  PART,
NOT  IN  VIOLATION  OF  THIS SECTION, FROM BEING IMPORTED INTO THE STATE
EXCLUSIVELY FOR BREEDING PURPOSES.
S 236.20 DOG STEALING.
  1. IT SHALL BE UNLAWFUL FOR ANY PERSON:
  (A) TO REMOVE OR CAUSE TO BE REMOVED THE COLLAR, IDENTIFICATION TAG OR
ANY OTHER IDENTIFICATION BY WHICH THE OWNER MAY BE ASCERTAINED FROM  ANY
DOG, CAT OR ANY OTHER DOMESTIC ANIMAL AS DEFINED IN SUBDIVISION SEVEN OF
SECTION  ONE  HUNDRED  EIGHT  OF  THE AGRICULTURE AND MARKETS LAW, OR TO
ENTICE ANY IDENTIFIED DOG, CAT OR OTHER SUCH DOMESTIC ANIMAL INTO OR OUT
OF ANY HOUSE OR ENCLOSURE FOR THE PURPOSE OF REMOVING ITS COLLAR, TAG OR
ANY OTHER IDENTIFICATION, EXCEPT WITH THE OWNER'S PERMISSION;
  (B) TO ENTICE, SEIZE OR MOLEST ANY DOG, WHILE IT IS BEING HELD OR  LED
BY  ANY  PERSON OR WHILE IT IS PROPERLY MUZZLED OR WEARING A COLLAR WITH
AN IDENTIFICATION TAG ATTACHED, EXCEPT WHERE SUCH ACTION  IS  INCIDENTAL
TO THE ENFORCEMENT OF SOME LAW OR REGULATION;
  (C)  TO  TRANSPORT ANY DOG, NOT LAWFULLY IN HIS OR HER POSSESSION, FOR
THE PURPOSE OF KILLING OR SELLING SUCH DOG.
  2. ANY PERSON VIOLATING ANY OF THE PROVISIONS OF  THIS  SECTION,  UPON
CONVICTION  THEREOF,  SHALL  BE  PUNISHED  BY  A  FINE NOT EXCEEDING TWO
HUNDRED DOLLARS, OR BY IMPRISONMENT NOT TO  EXCEED  SIX  MONTHS,  OR  BY
BOTH.
S 236.21 REMOVING, SEIZING OR TRANSPORTING DOGS FOR RESEARCH PURPOSES.
  IT SHALL BE UNLAWFUL FOR ANY PERSON:
  1.  TO  REMOVE, SEIZE OR TRANSPORT OR CAUSE TO REMOVE, SEIZE OR TRANS-
PORT ANY DOG WHICH BELONGS TO OR IS LICENSED TO ANOTHER FOR THE  PURPOSE
OF  SALE,  BARTER  OR  TO  GIVE AWAY SAID DOG TO A LABORATORY, HOSPITAL,
RESEARCH INSTITUTE, MEDICAL SCHOOL OR ANY AGENCY OR ORGANIZATION ENGAGED
IN RESEARCH ACTIVITY, WITHOUT THE  EXPRESS  WRITTEN  PERMISSION  OF  THE
OWNER OR LICENSEE.
  2.  ANY  PERSON  WHO  VIOLATES  THE  PROVISION  OF  THIS SECTION, UPON
CONVICTION THEREOF, SHALL BE GUILTY OF A MISDEMEANOR, AND IS  PUNISHABLE
BY  A  FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRISONMENT FOR
NOT MORE THAN SIX MONTHS, OR BY BOTH.
S 236.22 LEAVING STATE TO AVOID PROVISIONS OF THIS ARTICLE.
  A PERSON WHO LEAVES THIS  STATE  WITH  INTENT  TO  ELUDE  ANY  OF  THE
PROVISIONS  OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE WHICH
IS PROHIBITED BY THEM OR WHO, BEING A RESIDENT OF THIS STATE,  DOES  ANY
ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA-
BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE
IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE.
S 236.23 OPERATING UPON TAILS OF HORSES UNLAWFUL.
  1.  ANY  PERSON  WHO CUTS THE BONE, TISSUES, MUSCLES OR TENDONS OF THE
TAIL OF ANY HORSE, MARE OR GELDING, OR OTHERWISE OPERATES UPON IT IN ANY
MANNER FOR THE PURPOSE OR WITH THE EFFECT OF DOCKING, SETTING, OR OTHER-
WISE ALTERING THE NATURAL CARRIAGE OF THE TAIL, OR WHO KNOWINGLY PERMITS

A. 1836                            12

THE SAME TO BE DONE UPON PREMISES OF WHICH  HE  OR  SHE  IS  THE  OWNER,
LESSEE,  PROPRIETOR OR USER, OR WHO ASSISTS IN OR IS VOLUNTARILY PRESENT
AT SUCH CUTTING, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY  IMPRISONMENT
FOR  NOT  MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN FIVE HUNDRED
DOLLARS OR BY BOTH. IF A HORSE IS FOUND WITH THE BONE, TISSUES,  MUSCLES
OR  TENDONS  OF  ITS  TAIL CUT AS AFORESAID AND WITH THE WOUND RESULTING
THEREFROM UNHEALED, UPON THE PREMISES OR IN THE CHARGE  AND  CUSTODY  OF
ANY  PERSON,  SUCH  FACT SHALL BE PRIMA FACIE EVIDENCE OF A VIOLATION OF
THIS SECTION BY THE OWNER OR USER OF SUCH PREMISES OR THE PERSON  HAVING
SUCH CHARGE OR CUSTODY, RESPECTIVELY.
  2.  ANY  PERSON  WHO SHOWS OR EXHIBITS AT ANY HORSE SHOW OR OTHER LIKE
EXHIBITION IN THIS STATE A HORSE, MARE OR GELDING, THE TAIL OF WHICH HAS
BEEN CUT OR OPERATED UPON IN THE MANNER REFERRED TO IN  SUBDIVISION  ONE
OF  THIS SECTION, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN  FIVE  HUNDRED
DOLLARS,  OR BY BOTH; PROVIDED THAT THE PROVISIONS OF THIS SECTION SHALL
NOT APPLY WITH RESPECT TO AN ANIMAL THE TAIL OF WHICH HAS BEEN SO CUT OR
OPERATED UPON, IF THE OWNER THEREOF FURNISHES TO THE  MANAGER  OR  OTHER
OFFICIAL  HAVING  CHARGE  OF  THE HORSE SHOW OR EXHIBITION AT WHICH SUCH
ANIMAL IS SHOWN OR EXHIBITED AN AFFIDAVIT BY THE OWNER,  OR  A  LICENSED
VETERINARIAN,  IN  A  FORM APPROVED BY THE DEPARTMENT OF AGRICULTURE AND
MARKETS, STATING THAT IT WAS SO CUT IN A STATE WHEREIN SUCH CUTTING  WAS
NOT  SPECIFICALLY  PROHIBITED BY THE LAWS THEREOF. SAID AFFIDAVIT SHALL,
TO THE BEST OF AFFIANT'S KNOWLEDGE, INFORMATION AND BELIEF, IDENTIFY THE
ANIMAL WITH RESPECT TO SEX, AGE, MARKINGS, SIRE AND DAM, AND  STATE  THE
TIME AND PLACE OF SUCH CUTTING AND THE NAME AND ADDRESS OF THE PERSON BY
WHOM  PERFORMED.  THE  AFFIDAVIT  SHALL  BE SUBJECT TO INSPECTION AT ALL
REASONABLE TIMES BY ANY PEACE OFFICER, ACTING PURSUANT  TO  HIS  OR  HER
SPECIAL  DUTIES,  OR  POLICE  OFFICER  OF THIS STATE, OR BY A DESIGNATED
REPRESENTATIVE OF THE COMMISSIONER OF AGRICULTURE AND MARKETS.  IN  LIEU
OF  FURNISHING  SUCH  AFFIDAVIT  TO THE MANAGER OR OTHER OFFICIAL HAVING
CHARGE OF SUCH HORSE SHOW OR EXHIBITION, THE OWNER  OF  SUCH  HORSE  MAY
SPECIFY ON THE ENTRY BLANK FOR THE HORSE SHOW OR EXHIBITION THE NAME AND
ADDRESS  OF  A  CENTRAL  REGISTRY OFFICE DESIGNATED BY THE DEPARTMENT OF
AGRICULTURE AND MARKETS WHERE SUCH AN AFFIDAVIT HAS ALREADY  BEEN  FILED
AND IS AVAILABLE FOR INSPECTION.
S 236.24 INTERFERENCE WITH OFFICERS.
  ANY  PERSON  WHO  SHALL  INTERFERE  WITH  OR OBSTRUCT ANY CONSTABLE OR
POLICE OFFICER OR ANY OFFICER OR AGENT OF ANY DULY INCORPORATED  SOCIETY
FOR  THE PREVENTION OF CRUELTY TO ANIMALS IN THE DISCHARGE OF HIS OR HER
DUTY TO ENFORCE THE LAWS RELATING TO ANIMALS SHALL BE GUILTY OF A MISDE-
MEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR  BY  A
FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
S 236.25 PROTECTION  OF  THE  PUBLIC  FROM  ATTACK  BY  WILD ANIMALS AND
           REPTILES.
  ANY PERSON OWNING, POSSESSING OR HARBORING A WILD  ANIMAL  OR  REPTILE
CAPABLE  OF INFLICTING BODILY HARM UPON A HUMAN BEING, WHO SHALL FAIL TO
EXERCISE DUE CARE IN SAFEGUARDING THE PUBLIC FROM ATTACK  BY  SUCH  WILD
ANIMAL  OR  REPTILE, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISON-
MENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE  OF  NOT  MORE  THAN  FIVE
HUNDRED  DOLLARS,  OR  BY BOTH. "WILD ANIMAL" WITHIN THE MEANING OF THIS
SECTION, SHALL NOT INCLUDE A DOG OR CAT OR OTHER DOMESTIC ANIMAL.
  PREVIOUS ATTACKS UPON A HUMAN BEING BY SUCH WILD ANIMAL OR REPTILE, OR
KNOWLEDGE OF THE VICIOUS PROPENSITIES OF SUCH WILD ANIMAL OR REPTILE, ON
THE PART OF THE POSSESSOR OR HARBORER THEREOF, SHALL NOT BE REQUIRED  TO
BE  PROVEN  BY  THE PEOPLE UPON A PROSECUTION HEREUNDER; AND NEITHER THE

A. 1836                            13

FACT THAT SUCH WILD ANIMAL OR REPTILE  HAS  NOT  PREVIOUSLY  ATTACKED  A
HUMAN  BEING,  NOR LACK OF KNOWLEDGE OF THE VICIOUS PROPENSITIES OF SUCH
WILD ANIMAL OR REPTILE ON THE PART OF THE OWNER, POSSESSOR  OR  HARBORER
THEREOF SHALL CONSTITUTE A DEFENSE TO A PROSECUTION HEREUNDER.
S 236.26 POWERS OF PEACE OFFICERS.
  A  CONSTABLE  OR  POLICE OFFICER MUST, AND ANY AGENT OR OFFICER OF ANY
DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO  ANIMALS  MAY
ISSUE  AN  APPEARANCE  TICKET PURSUANT TO SECTION 150.20 OF THE CRIMINAL
PROCEDURE LAW, SUMMON OR ARREST, AND BRING BEFORE A COURT OR  MAGISTRATE
HAVING  JURISDICTION, ANY PERSON OFFENDING AGAINST ANY OF THE PROVISIONS
OF THIS ARTICLE.  ANY OFFICER OR AGENT OF  ANY  OF  SAID  SOCIETIES  MAY
LAWFULLY  INTERFERE  TO  PREVENT  THE PERPETRATION OF ANY ACT OF CRUELTY
UPON ANY ANIMAL IN HIS OR HER PRESENCE. ANY OF SAID SOCIETIES MAY PREFER
A COMPLAINT BEFORE ANY COURT, TRIBUNAL OR  MAGISTRATE  HAVING  JURISDIC-
TION,  FOR THE VIOLATION OF ANY LAW RELATING TO OR AFFECTING ANIMALS AND
MAY AID IN PRESENTING THE LAW AND FACTS BEFORE SUCH COURT,  TRIBUNAL  OR
MAGISTRATE IN ANY PROCEEDING TAKEN.
S 236.27 ISSUANCE OF WARRANTS UPON COMPLAINT.
  UPON  COMPLAINT UNDER OATH OR AFFIRMATION TO ANY MAGISTRATE AUTHORIZED
TO ISSUE WARRANTS IN CRIMINAL CASES, THAT THE COMPLAINANT HAS  JUST  AND
REASONABLE  CAUSE  TO SUSPECT THAT ANY OF THE PROVISIONS OF LAW RELATING
TO OR IN ANY WAY AFFECTING ANIMALS ARE BEING OR ARE ABOUT TO BE VIOLATED
IN ANY PARTICULAR BUILDING OR PLACE, SUCH MAGISTRATE  SHALL  IMMEDIATELY
ISSUE  AND  DELIVER  A  WARRANT  TO ANY PERSON AUTHORIZED BY LAW TO MAKE
ARRESTS FOR SUCH OFFENSES, AUTHORIZING HIM OR HER TO  ENTER  AND  SEARCH
SUCH  BUILDING  OR  PLACE,  AND TO ARREST ANY PERSON THERE PRESENT FOUND
VIOLATING ANY OF SAID LAWS, AND TO BRING SUCH PERSON BEFORE THE  NEAREST
MAGISTRATE OF COMPETENT JURISDICTION, TO BE DEALT WITH ACCORDING TO LAW.
S 236.28 SEIZURE  OF  ANIMALS  LOST,  STRAYED,  HOMELESS,  ABANDONED  OR
           IMPROPERLY CONFINED OR KEPT.
  1. ANY POLICE OFFICER OR AGENT OR OFFICER OF THE AMERICAN SOCIETY  FOR
THE  PREVENTION  OF  CRUELTY TO ANIMALS OR ANY DULY INCORPORATED SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, MAY LAWFULLY  TAKE  POSSESSION
OF  ANY LOST, STRAYED, HOMELESS OR ABANDONED ANIMAL FOUND IN ANY STREET,
ROAD OR OTHER PUBLIC PLACE.
  2. ANY POLICE OFFICER IN LEWIS COUNTY MAY LAWFULLY TAKE POSSESSION  OF
ANY  LOST, STRAYED, HOMELESS OR ABANDONED DOMESTIC ANIMAL, AS DEFINED IN
SECTION ONE HUNDRED EIGHT OF THE AGRICULTURE AND MARKETS LAW,  FOUND  IN
ANY STREET, ROAD OR OTHER PUBLIC PLACE.
  3.  ANY SUCH POLICE OFFICER OR AGENT OR OFFICER MAY ALSO LAWFULLY TAKE
POSSESSION OF ANY ANIMAL IN OR UPON ANY PREMISES OTHER  THAN  A  STREET,
ROAD  OR OTHER PUBLIC PLACE, WHICH FOR MORE THAN TWELVE SUCCESSIVE HOURS
HAS BEEN CONFINED OR KEPT IN A CROWDED  OR  UNHEALTHY  CONDITION  OR  IN
UNHEALTHFUL  OR  UNSANITARY  SURROUNDINGS  OR  NOT PROPERLY CARED FOR OR
WITHOUT NECESSARY SUSTENANCE, FOOD OR DRINK, PROVIDED THAT  A  COMPLAINT
STATING JUST AND REASONABLE GROUNDS IS MADE UNDER OATH OR AFFIRMATION TO
ANY  MAGISTRATE AUTHORIZED TO ISSUE WARRANTS IN CRIMINAL CASES, AND THAT
SUCH WARRANT AUTHORIZING ENTRY AND SEARCH IS  ISSUED  AND  DELIVERED  BY
SUCH  MAGISTRATE;  IF JUST AND REASONABLE CAUSE IS SHOWN, THE MAGISTRATE
SHALL IMMEDIATELY ISSUE SUCH WARRANT.
  4. ANY SUCH POLICE OFFICER OR AGENT OR OFFICER MAY ALSO LAWFULLY  TAKE
POSSESSION  OF  ANY  UNWANTED  ANIMAL  FROM  THE PERSON IN POSSESSION OR
CUSTODY THEREOF.
  5. WHEN ANY PERSON ARRESTED IS, AT THE TIME OF SUCH ARREST, IN  CHARGE
OF  ANY  ANIMAL OR OF ANY VEHICLE DRAWN BY OR CONTAINING ANY ANIMAL, ANY
AGENT OR OFFICER OF SAID SOCIETY OR SOCIETIES OR ANY POLICE OFFICER  MAY

A. 1836                            14

TAKE  CHARGE  OF  SUCH  ANIMAL AND OF SUCH VEHICLE AND ITS CONTENTS, AND
DEPOSIT THE SAME IN A SAFE PLACE OR CUSTODY, OR DELIVER  THE  SAME  INTO
THE  POSSESSION  OF THE POLICE OR SHERIFF OF THE COUNTY OR PLACE WHEREIN
SUCH  ARREST  WAS  MADE, WHO SHALL THEREUPON ASSUME THE CUSTODY THEREOF;
AND ALL NECESSARY EXPENSES INCURRED IN TAKING CHARGE  OF  SUCH  PROPERTY
SHALL BE A CHARGE THEREON.
  6.  NOTHING  HEREIN  CONTAINED  SHALL  RESTRICT  THE RIGHTS AND POWERS
DERIVED FROM SECTION ONE HUNDRED EIGHTEEN OF THE AGRICULTURE AND MARKETS
LAW RELATING TO SEIZURE OF UNLICENSED DOGS AND  THE  DISPOSITION  TO  BE
MADE  OF  ANIMALS  SO  SEIZED OR TAKEN, NOR THOSE DERIVED FROM ANY OTHER
GENERAL OR SPECIAL LAW RELATING TO THE SEIZURE OR OTHER TAKING  OF  DOGS
AND OTHER ANIMALS BY A SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.
  7.  (A)  IF  ANY  ANIMAL  IS  SEIZED  AND  IMPOUNDED  PURSUANT  TO THE
PROVISIONS OF THIS SECTION OR SECTION 236.30 OF  THIS  ARTICLE  FOR  ANY
VIOLATION OF THIS ARTICLE, UPON ARRAIGNMENT OF CHARGES THE DULY INCORPO-
RATED  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY,
POUND, ANIMAL SHELTER OR  ANY  AUTHORIZED  AGENTS  THEREOF,  HEREINAFTER
REFERRED  TO  FOR THE PURPOSES OF THIS SECTION AS THE "IMPOUNDING ORGAN-
IZATION", MAY FILE A PETITION WITH THE COURT REQUESTING THAT THE  PERSON
FROM  WHOM  AN ANIMAL IS SEIZED OR THE OWNER OF THE ANIMAL BE ORDERED TO
POST A SECURITY. THE SECURITY SHALL BE IN AN AMOUNT SUFFICIENT TO SECURE
PAYMENT FOR ALL REASONABLE EXPENSES  EXPECTED  TO  BE  INCURRED  BY  THE
IMPOUNDING  ORGANIZATION  IN CARING AND PROVIDING FOR THE ANIMAL PENDING
DISPOSITION OF THE CHARGES.  REASONABLE EXPENSES SHALL INCLUDE, BUT  NOT
BE  LIMITED TO, ESTIMATED MEDICAL CARE AND BOARDING OF THE ANIMAL FOR AT
LEAST THIRTY DAYS. THE AMOUNT OF THE SECURITY, IF ANY, SHALL  BE  DETER-
MINED  BY THE COURT AFTER TAKING INTO CONSIDERATION ALL OF THE FACTS AND
CIRCUMSTANCES OF THE CASE INCLUDING, BUT NOT LIMITED TO THE  RECOMMENDA-
TION  OF  THE  IMPOUNDING  ORGANIZATION  HAVING  CUSTODY AND CARE OF THE
SEIZED ANIMAL AND THE COST OF CARING FOR THE ANIMAL. IF A  SECURITY  HAS
BEEN POSTED IN ACCORDANCE WITH THIS SECTION, THE IMPOUNDING ORGANIZATION
MAY DRAW FROM THE SECURITY THE ACTUAL REASONABLE COSTS TO BE INCURRED BY
SUCH ORGANIZATION IN CARING FOR THE SEIZED ANIMAL.
  (B)  (I)  UPON RECEIPT OF A PETITION PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, THE COURT SHALL  SET  A  HEARING  ON  THE  PETITION  TO  BE
CONDUCTED  WITHIN  TEN BUSINESS DAYS OF THE FILING OF SUCH PETITION. THE
PETITIONER SHALL SERVE A TRUE COPY OF THE PETITION  UPON  THE  DEFENDANT
AND  THE  DISTRICT ATTORNEY. THE PETITIONER SHALL ALSO SERVE A TRUE COPY
OF THE PETITION ON ANY INTERESTED PERSON. FOR PURPOSES OF THIS  SUBDIVI-
SION,  INTERESTED  PERSON  SHALL  MEAN AN INDIVIDUAL, PARTNERSHIP, FIRM,
JOINT STOCK COMPANY, CORPORATION, ASSOCIATION, TRUST,  ESTATE  OR  OTHER
LEGAL  ENTITY  WHO THE COURT DETERMINES MAY HAVE A PECUNIARY INTEREST IN
THE ANIMAL WHICH IS THE SUBJECT OF THE PETITION.  THE  PETITIONER  SHALL
HAVE  THE  BURDEN OF PROVING BY A PREPONDERANCE OF THE EVIDENCE THAT THE
PERSON FROM WHOM THE ANIMAL WAS SEIZED  VIOLATED  A  PROVISION  OF  THIS
ARTICLE. THE COURT MAY WAIVE FOR GOOD CAUSE SHOWN THE POSTING OF SECURI-
TY.
  (II) IF THE COURT ORDERS THE POSTING OF A SECURITY, THE SECURITY SHALL
BE  POSTED  WITH THE CLERK OF THE COURT WITHIN FIVE BUSINESS DAYS OF THE
HEARING PROVIDED FOR IN SUBPARAGRAPH (I) OF THIS  PARAGRAPH.  THE  COURT
MAY  ORDER THE IMMEDIATE FORFEITURE OF THE SEIZED ANIMAL TO THE IMPOUND-
ING ORGANIZATION IF THE PERSON ORDERED TO POST THE SECURITY FAILS TO  DO
SO. ANY ANIMAL FORFEITED SHALL BE MADE AVAILABLE FOR ADOPTION OR EUTHAN-
IZED  SUBJECT TO SUBDIVISION SEVEN-A OF SECTION ONE HUNDRED SEVENTEEN OF
THE AGRICULTURE AND MARKETS LAW OR SECTION 236.29 OF THIS ARTICLE.

A. 1836                            15

  (III) IN THE CASE OF AN ANIMAL OTHER THAN A COMPANION ANIMAL  OR  PET,
IF  A  PERSON ORDERED TO POST SECURITY FAILS TO DO SO, THE COURT MAY, IN
ADDITION TO THE FORFEITURE  TO  A  DULY  INCORPORATED  SOCIETY  FOR  THE
PREVENTION  OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND, ANIMAL SHELTER
OR  ANY  AUTHORIZED  AGENTS  THEREOF, AND SUBJECT TO THE RESTRICTIONS OF
SECTIONS 236.06, 236.09 AND 236.29 OF THIS  ARTICLE,  ORDER  THE  ANIMAL
WHICH  WAS  THE  BASIS OF THE ORDER TO BE SOLD, PROVIDED THAT ALL INTER-
ESTED PERSONS SHALL FIRST BE PROVIDED THE OPPORTUNITY  TO  REDEEM  THEIR
INTEREST  IN  THE  ANIMAL  AND  TO  PURCHASE  THE INTEREST OF THE PERSON
ORDERED TO POST SECURITY, SUBJECT TO SUCH CONDITIONS AS THE COURT  DEEMS
APPROPRIATE TO ASSURE PROPER CARE AND TREATMENT OF THE ANIMAL. THE COURT
MAY  REIMBURSE  THE  PERSON  ORDERED TO POST SECURITY AND ANY INTERESTED
PERSONS ANY MONEY EARNED BY THE  SALE  OF  THE  ANIMAL  LESS  ANY  COSTS
INCLUDING, BUT NOT LIMITED TO, VETERINARY AND CUSTODIAL CARE. ANY ANIMAL
DETERMINED BY THE COURT TO BE MAIMED, DISEASED, DISABLED OR INFIRM SO AS
TO  BE UNFIT FOR SALE OR ANY USEFUL PURPOSE SHALL BE FORFEITED TO A DULY
INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR A  DULY
INCORPORATED  HUMANE SOCIETY OR AUTHORIZED AGENTS THEREOF, AND BE AVAIL-
ABLE FOR ADOPTION OR SHALL BE EUTHANIZED SUBJECT TO  SECTION  236.29  OF
THIS ARTICLE.
  (IV)  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT
IN ANY WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY  INTEREST  IN
ANY  ANIMAL  DESCRIBED IN THIS SECTION.  THIS SECTION EXPRESSLY DOES NOT
IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
RITY INTEREST IN THE ANIMAL OR IN THE PROCEEDS FROM  THE  SALE  OF  SUCH
ANIMAL.
  (C) IN NO EVENT SHALL THE SECURITY PREVENT THE IMPOUNDING ORGANIZATION
HAVING  CUSTODY  AND  CARE  OF  THE  ANIMAL FROM DISPOSING OF THE ANIMAL
PURSUANT TO SECTION 236.29 OF THIS ARTICLE PRIOR TO  THE  EXPIRATION  OF
THE  THIRTY  DAY  PERIOD  COVERED  BY  THE SECURITY IF THE COURT MAKES A
DETERMINATION OF THE CHARGES AGAINST THE PERSON FROM WHOM THE ANIMAL WAS
SEIZED PRIOR THERETO. UPON RECEIPT OF A  PETITION  FROM  THE  IMPOUNDING
ORGANIZATION,  THE  COURT  MAY ORDER THE PERSON FROM WHOM THE ANIMAL WAS
SEIZED OR THE OWNER OF THE ANIMAL TO POST AN  ADDITIONAL  SECURITY  WITH
THE  CLERK  OF THE COURT TO SECURE PAYMENT OF REASONABLE EXPENSES FOR AN
ADDITIONAL PERIOD OF TIME PENDING A DETERMINATION BY THE  COURT  OF  THE
CHARGES  AGAINST  THE PERSON FROM WHOM THE ANIMAL WAS SEIZED. THE PERSON
WHO POSTED THE SECURITY SHALL BE ENTITLED TO A REFUND OF THE SECURITY IN
WHOLE OR PART FOR ANY EXPENSES NOT INCURRED BY SUCH IMPOUNDING ORGANIZA-
TION UPON ADJUDICATION OF THE CHARGES. THE PERSON WHO POSTED THE SECURI-
TY SHALL BE ENTITLED  TO  A  FULL  REFUND  OF  THE  SECURITY,  INCLUDING
REIMBURSEMENT  BY  THE  IMPOUNDING ORGANIZATION OF ANY AMOUNT ALLOWED BY
THE COURT TO BE EXPENDED, AND  THE  RETURN  OF  THE  ANIMAL  SEIZED  AND
IMPOUNDED  UPON  ACQUITTAL OR DISMISSAL OF THE CHARGES, EXCEPT WHERE THE
DISMISSAL IS BASED UPON AN ADJOURNMENT  IN  CONTEMPLATION  OF  DISMISSAL
PURSUANT  TO  SECTION  215.30  OF  THE CRIMINAL PROCEDURE LAW. THE COURT
ORDER DIRECTING SUCH REFUND AND REIMBURSEMENT SHALL PROVIDE FOR  PAYMENT
TO  BE  MADE WITHIN A REASONABLE TIME FROM THE ACQUITTAL OR DISMISSAL OF
CHARGES.
  8. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE  CONTRA-
RY,  THE  COURT  MAY  ORDER  A PERSON CHARGED WITH ANY VIOLATION OF THIS
ARTICLE TO PROVIDE NECESSARY FOOD,  WATER,  SHELTER  AND  CARE  FOR  ANY
ANIMAL  WHICH  IS  THE  BASIS  OF THE CHARGE, WITHOUT THE REMOVAL OF THE
ANIMAL FROM ITS EXISTING LOCATION, UNTIL THE CHARGES AGAINST THE  PERSON
ARE ADJUDICATED. UNTIL A FINAL DETERMINATION OF THE CHARGES IS MADE, ANY
LAW  ENFORCEMENT OFFICER, OFFICER OF A DULY INCORPORATED SOCIETY FOR THE

A. 1836                            16

PREVENTION OF CRUELTY TO ANIMALS,  OR  ITS  AUTHORIZED  AGENTS,  MAY  BE
AUTHORIZED  BY AN ORDER OF THE COURT TO MAKE REGULAR VISITS TO WHERE THE
ANIMAL IS BEING KEPT TO ASCERTAIN IF THE ANIMAL IS  RECEIVING  NECESSARY
FOOD, WATER, SHELTER AND CARE. NOTHING SHALL PREVENT ANY LAW ENFORCEMENT
OFFICER,  OFFICER  OF  A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS, OR  ITS  AUTHORIZED  AGENTS,  FROM  APPLYING  FOR  A
WARRANT  PURSUANT  TO THIS SECTION TO SEIZE ANY ANIMAL BEING HELD BY THE
PERSON CHARGED PENDING THE ADJUDICATION OF THE CHARGES IF IT  IS  DETER-
MINED  THAT THE ANIMAL IS NOT RECEIVING THE NECESSARY FOOD, WATER, SHEL-
TER OR CARE.
S 236.29 HUMANE  DESTRUCTION  OR  OTHER  DISPOSITION  OF  ANIMALS  LOST,
           STRAYED, HOMELESS, ABANDONED OR IMPROPERLY CONFINED OR KEPT.
  1.  ANY AGENT OR OFFICER OF THE AMERICAN SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS,  OR  OF  ANY  SOCIETY  DULY  INCORPORATED  FOR  THAT
PURPOSE,  OR  ANY  POLICE  OFFICER, MAY LAWFULLY AND HUMANELY DESTROY OR
CAUSE TO BE HUMANELY DESTROYED ANY ANIMAL FOUND ABANDONED AND NOT  PROP-
ERLY  CARED  FOR,  OR ANY LOST, STRAYED, HOMELESS OR UNWANTED ANIMAL, IF
UPON EXAMINATION A LICENSED VETERINARY SURGEON SHALL CERTIFY IN WRITING,
OR IF TWO REPUTABLE CITIZENS CALLED BY HIM OR HER TO VIEW  THE  SAME  IN
HIS  OR  HER PRESENCE FIND THAT THE ANIMAL IS SO MAIMED, DISEASED, DISA-
BLED, OR INFIRM SO AS TO BE UNFIT FOR ANY USEFUL PURPOSE; OR AFTER  SUCH
AGENT  OR  OFFICER HAS OBTAINED IN WRITING FROM THE OWNER OF SUCH ANIMAL
HIS OR HER CONSENT TO SUCH DESTRUCTION.
  2. IN THE ABSENCE OF SUCH FINDINGS OR CERTIFICATE THE AMERICAN SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS OR ANY  SOCIETY  DULY  INCORPO-
RATED  FOR  THAT PURPOSE MAY AFTER FIVE DAYS HUMANELY DESTROY ANY ANIMAL
OF WHICH POSSESSION IS TAKEN AS PROVIDED FOR IN SECTION 236.28  OF  THIS
ARTICLE, UNLESS THE SAME IS EARLIER REDEEMED BY ITS OWNER.
  2-A. THE USE OF A DECOMPRESSION CHAMBER OR DECOMPRESSION DEVICE OF ANY
KIND  IS  HEREBY  DECLARED  TO  BE INHUMANE WHEN USED FOR THE PURPOSE OF
DESTROYING AN ANIMAL AND IS HEREBY PROHIBITED.
  2-B. NO PERSON SHALL EUTHANIZE ANY DOG OR CAT WITH T-61,  CURARE,  ANY
CURARIFORM DRUG, ANY NEURO-MUSCULAR BLOCKING AGENT OR ANY OTHER PARALYZ-
ING DRUG.
  2-C.  NO  PERSON  SHALL EUTHANIZE A DOG OR CAT BY GUNSHOT EXCEPT AS AN
EMERGENCY PROCEDURE FOR A DANGEROUS DOG OR A SEVERELY INJURED DOG OR CAT
THAT IS SUFFERING AND CANNOT OTHERWISE BE AIDED.
  2-D. NO PERSON SHALL EUTHANIZE A DOG OR CAT BY GAS  EMITTED  FROM  ANY
ENGINE EXHAUST SYSTEM.
  2-E.  NO  PERSON  SHALL  RELEASE  ANY  DOG  OR CAT FROM THE CUSTODY OR
CONTROL OF ANY POUND, SHELTER, SOCIETY FOR THE PREVENTION OF CRUELTY  TO
ANIMALS,  HUMANE  SOCIETY, DOG PROTECTIVE ASSOCIATION, DOG CONTROL OFFI-
CER, PEACE OFFICER OR ANY AGENT THEREOF, FOR ANY PURPOSE EXCEPT ADOPTION
OR REDEMPTION BY ITS OWNER.
  ANY VIOLATION OF THIS SUBDIVISION, OR SUBDIVISION TWO-A, TWO-B,  TWO-C
OR  TWO-D  OF  THIS  SECTION SHALL CONSTITUTE A MISDEMEANOR AND SHALL BE
PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A  FINE  OF
NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
  3.  IN LIEU OF SUCH DESTRUCTION OR REDEMPTION, SUCH SOCIETY MAY IN ITS
DISCRETION LAWFULLY  AND  WITHOUT  LIABILITY  DELIVER  SUCH  ANIMAL  FOR
ADOPTION  TO  AN  INDIVIDUAL  OTHER  THAN  THE  OWNER AFTER THE TIME FOR
REDEMPTION HAS EXPIRED.
  4. PRIOR TO SUCH DESTRUCTION OR OTHER DISPOSITION, THE  OWNER  OF  THE
ANIMAL  MAY  REDEEM  THE  SAME UPON PROVING TITLE TO THE SATISFACTION OF
SUCH SOCIETY AND PAYING SUCH SOCIETY SUCH AMOUNT, APPROVED BY  A  MAGIS-

A. 1836                            17

TRATE,  AS  MAY  HAVE  BEEN  REASONABLY  EXPENDED  BY  SUCH  SOCIETY  IN
CONNECTION WITH THE CARE AND MAINTENANCE THEREOF.
  5.  (A)  IN  ADDITION  TO  ANY  OTHER  PENALTY  PROVIDED  BY LAW, UPON
CONVICTION FOR ANY VIOLATION OF SECTION 236.01, 236.02, 236.03,  236.04,
236.07,  236.08,  236.12, 236.14, 236.15, 236.19 OR 236.23 OF THIS ARTI-
CLE, THE CONVICTED PERSON MAY, AFTER A DULY  HELD  HEARING  PURSUANT  TO
PARAGRAPH  (F)  OF THIS SUBDIVISION, BE ORDERED BY THE COURT TO FORFEIT,
TO A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO  ANIMALS
OR  A DULY INCORPORATED HUMANE SOCIETY OR AUTHORIZED AGENTS THEREOF, THE
ANIMAL OR ANIMALS WHICH ARE THE BASIS OF THE CONVICTION.  UPON  SUCH  AN
ORDER OF FORFEITURE, THE CONVICTED PERSON SHALL BE DEEMED TO HAVE RELIN-
QUISHED ALL RIGHTS TO THE ANIMALS WHICH ARE THE BASIS OF THE CONVICTION,
EXCEPT THOSE GRANTED IN PARAGRAPH (D) OF THIS SUBDIVISION.
  (B) PURSUANT TO THE PROVISIONS OF SUBDIVISIONS TWO-A, TWO-B, TWO-C AND
TWO-D  OF  THIS SECTION, NO DOG OR CAT IN THE CUSTODY OF A DULY INCORPO-
RATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, A DULY  INCORPO-
RATED  HUMANE  SOCIETY  OR  ITS AUTHORIZED AGENTS THEREOF, OR A POUND OR
SHELTER, SHALL BE SOLD, TRANSFERRED OR OTHERWISE MADE AVAILABLE  TO  ANY
PERSON  FOR  THE  PURPOSE  OF  RESEARCH,  EXPERIMENTATION OR TESTING. NO
AUTHORIZED AGENT OF A DULY INCORPORATED SOCIETY FOR  THE  PREVENTION  OF
CRUELTY TO ANIMALS, NOR OF A DULY INCORPORATED HUMANE SOCIETY, SHALL USE
ANY  ANIMAL  PLACED  IN ITS CUSTODY BY THE DULY INCORPORATED SOCIETY FOR
THE PREVENTION OF CRUELTY TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY
FOR THE PURPOSE OF RESEARCH, EXPERIMENTATION OR TESTING.
  (C) THE COURT MAY ADDITIONALLY ORDER THAT THE CONVICTED PERSON OR  ANY
PERSON DWELLING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR ABETTED IN
THE  UNLAWFUL  ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO KNEW OR
SHOULD HAVE KNOWN OF THE UNLAWFUL ACT, SHALL NOT OWN,  HARBOR,  OR  HAVE
CUSTODY  OR CONTROL OF ANY OTHER ANIMALS, OTHER THAN FARM ANIMALS, FOR A
PERIOD OF TIME WHICH THE COURT DEEMS REASONABLE.
  (D) IN THE CASE OF FARM ANIMALS, THE COURT MAY,  IN  ADDITION  TO  THE
FORFEITURE  TO A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY
TO ANIMALS OR A DULY INCORPORATED HUMANE SOCIETY  OR  AUTHORIZED  AGENTS
THEREOF,  AND  SUBJECT TO THE RESTRICTIONS OF SECTIONS 236.06 AND 236.09
OF THIS ARTICLE, ORDER THE FARM ANIMALS WHICH  WERE  THE  BASIS  OF  THE
CONVICTION TO BE SOLD. IN NO CASE SHALL FARM ANIMALS WHICH ARE THE BASIS
OF THE CONVICTION BE REDEEMED BY THE CONVICTED PERSON WHO IS THE SUBJECT
OF  THE ORDER OF FORFEITURE OR BY ANY PERSON DWELLING IN THE SAME HOUSE-
HOLD WHO CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL ACT WHICH  WAS  THE
BASIS  OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE UNLAW-
FUL ACT. THE COURT SHALL REIMBURSE THE CONVICTED  PERSON  AND  ANY  DULY
DETERMINED  INTERESTED PERSONS, PURSUANT TO PARAGRAPH (F) OF THIS SUBDI-
VISION, ANY MONEY EARNED BY THE SALE OF THE FARM ANIMALS LESS ANY  COSTS
INCLUDING,  BUT  NOT  LIMITED TO, VETERINARY AND CUSTODIAL CARE, AND ANY
FINES OR PENALTIES IMPOSED BY THE COURT. THE COURT MAY  ORDER  THAT  THE
SUBJECT  ANIMALS BE PROVIDED WITH APPROPRIATE CARE AND TREATMENT PENDING
THE HEARING AND THE DISPOSITION OF THE CHARGES. ANY FARM ANIMAL  ORDERED
FORFEITED  BUT NOT SOLD SHALL BE REMANDED TO THE CUSTODY AND CHARGE OF A
DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY  TO  ANIMALS  OR
DULY  INCORPORATED  HUMANE  SOCIETY  OR ITS AUTHORIZED AGENT THEREOF AND
DISPOSED OF PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
  (E) A DULY INCORPORATED SOCIETY  FOR  THE  PREVENTION  OF  CRUELTY  TO
ANIMALS  OR  A  DULY  INCORPORATED  HUMANE  SOCIETY IN CHARGE OF ANIMALS
FORFEITED PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVISION  MAY,  IN  ITS
DISCRETION,  LAWFULLY  AND  WITHOUT LIABILITY, ADOPT THEM TO INDIVIDUALS
OTHER THAN THE CONVICTED PERSON OR PERSONS DWELLING IN THE  SAME  HOUSE-

A. 1836                            18

HOLD  WHO  CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE
BASIS OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE  UNLAW-
FUL  ACT,  OR  HUMANELY  DISPOSE  OF THEM ACCORDING TO THE PROVISIONS OF
SUBDIVISIONS TWO-A, TWO-B, TWO-C, AND TWO-D OF THIS SECTION.
  (F)  (I)  PRIOR  TO  AN ORDER OF FORFEITURE OF FARM ANIMALS, A HEARING
SHALL BE HELD WITHIN THIRTY DAYS OF CONVICTION, TO DETERMINE THE PECUNI-
ARY INTERESTS OF ANY OTHER PERSON IN THE FARM  ANIMALS  WHICH  WERE  THE
BASIS  OF  THE  CONVICTION. WRITTEN NOTICE SHALL BE SERVED AT LEAST FIVE
DAYS PRIOR TO THE HEARING UPON ALL INTERESTED  PERSONS.    IN  ADDITION,
NOTICE  SHALL BE MADE BY PUBLICATION IN A LOCAL NEWSPAPER AT LEAST SEVEN
DAYS PRIOR TO THE HEARING. FOR THE PURPOSES OF THIS SUBDIVISION,  INTER-
ESTED  PERSONS SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, FIRM, JOINT STOCK
COMPANY, CORPORATION, ASSOCIATION, TRUST, ESTATE, OR OTHER LEGAL  ENTITY
WHO  THE  COURT  DETERMINES  MAY  HAVE  A PECUNIARY INTEREST IN THE FARM
ANIMALS WHICH ARE THE SUBJECT OF THE FORFEITURE ACTION.
  (II) ALL INTERESTED PERSONS SHALL BE PROVIDED AN  OPPORTUNITY  AT  THE
HEARING  TO  REDEEM  THEIR  INTEREST  AS  DETERMINED BY THE COURT IN THE
SUBJECT FARM ANIMALS AND TO  PURCHASE  THE  INTEREST  OF  THE  CONVICTED
PERSON.  THE  CONVICTED PERSON SHALL BE ENTITLED TO BE REIMBURSED HIS OR
HER INTEREST IN THE FARM ANIMALS, LESS ANY  COSTS,  FINES  OR  PENALTIES
IMPOSED  BY THE COURT, AS SPECIFIED UNDER PARAGRAPH (D) OF THIS SUBDIVI-
SION. IN NO CASE SHALL THE COURT AWARD CUSTODY OR CONTROL OF THE ANIMALS
TO ANY INTERESTED PERSON WHO CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL
ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO KNEW  OR  SHOULD  HAVE
KNOWN OF THE UNLAWFUL ACT.
  (G) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT IN
ANY  WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY INTEREST IN ANY
FARM ANIMAL DESCRIBED IN THIS SECTION. THIS SECTION EXPRESSLY  DOES  NOT
IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
RITY  INTEREST  IN FARM ANIMALS OR IN THE PROCEEDS FROM THE SALE OF SUCH
FARM ANIMALS.
S 236.30 OFFICER MAY TAKE POSSESSION OF ANIMALS OR  IMPLEMENTS  USED  IN
           FIGHTS AMONG ANIMALS.
  ANY  OFFICER  AUTHORIZED  BY  LAW  TO  MAKE  ARRESTS MAY LAWFULLY TAKE
POSSESSION OF ANY ANIMALS, OR IMPLEMENTS,  OR  OTHER  PROPERTY  USED  OR
EMPLOYED,  OR  ABOUT  TO  BE  USED  OR EMPLOYED, IN THE VIOLATION OF ANY
PROVISION OF LAW RELATING TO FIGHTS AMONG ANIMALS. HE OR SHE SHALL STATE
TO THE PERSON IN CHARGE THEREOF, AT THE TIME OF SUCH TAKING, HIS OR  HER
NAME  AND  RESIDENCE, AND ALSO, THE TIME AND PLACE AT WHICH THE APPLICA-
TION PROVIDED FOR BY SECTION 236.31 OF THIS ARTICLE WILL BE MADE.
S 236.31 DISPOSITION OF ANIMALS  OR  IMPLEMENTS  USED  IN  FIGHTS  AMONG
           ANIMALS.
  THE  OFFICER,  AFTER TAKING POSSESSION OF SUCH ANIMALS, OR IMPLEMENTS,
OR OTHER PROPERTY, PURSUANT TO SECTION 236.30  OF  THIS  ARTICLE,  SHALL
APPLY TO THE MAGISTRATE BEFORE WHOM COMPLAINT IS MADE AGAINST THE OFFEN-
DER  VIOLATING  SUCH  PROVISION OF LAW, FOR THE ORDER AUTHORIZED BY THIS
SECTION, AND SHALL MAKE AND FILE  AN  AFFIDAVIT  WITH  SUCH  MAGISTRATE,
STATING  THEREIN THE NAME OF THE OFFENDER CHARGED IN SUCH COMPLAINT, THE
TIME, PLACE AND DESCRIPTION OF THE ANIMALS, IMPLEMENTS OR OTHER PROPERTY
SO TAKEN, TOGETHER WITH THE NAME OF THE PARTY WHO CLAIMS  THE  SAME,  IF
KNOWN,  AND  THAT  THE  AFFIANT  HAS REASON TO BELIEVE AND DOES BELIEVE,
STATING THE GROUNDS OF SUCH BELIEF, THAT THE SAME WERE USED OR EMPLOYED,
OR WERE ABOUT TO BE USED OR EMPLOYED, IN SUCH VIOLATION, AND WILL ESTAB-
LISH THE TRUTH THEREOF UPON THE TRIAL OF SUCH OFFENDER. HE OR SHE  SHALL
THEN DELIVER SUCH ANIMALS, IMPLEMENTS, OR OTHER PROPERTY, TO SUCH MAGIS-
TRATE,  WHO  SHALL THEREUPON, BY ORDER IN WRITING, PLACE THE SAME IN THE

A. 1836                            19

CUSTODY OF AN OFFICER OR OTHER PROPER PERSON IN  SUCH  ORDER  NAMED  AND
DESIGNATED,  TO BE BY HIM OR HER KEPT UNTIL THE TRIAL OR FINAL DISCHARGE
OF THE OFFENDER, AND SHALL SEND A COPY OF SUCH ORDER, WITHOUT DELAY,  TO
THE  DISTRICT ATTORNEY OF THE COUNTY. THE OFFICER OR PERSON SO NAMED AND
DESIGNATED IN SUCH ORDER, SHALL IMMEDIATELY THEREUPON ASSUME SUCH CUSTO-
DY, AND SHALL RETAIN THE SAME FOR THE  PURPOSE  OF  EVIDENCE  UPON  SUCH
TRIAL,  SUBJECT TO THE ORDER OF THE COURT BEFORE WHICH SUCH OFFENDER MAY
BE REQUIRED TO APPEAR, UNTIL HIS OR HER FINAL DISCHARGE  OR  CONVICTION.
UPON  THE CONVICTION OF SUCH OFFENDER, THE ANIMALS, IMPLEMENTS, OR OTHER
PROPERTY, SHALL BE ADJUDGED BY THE COURT TO BE FORFEITED. IN  THE  EVENT
OF  THE ACQUITTAL OR FINAL DISCHARGE, WITHOUT CONVICTION, OF SUCH OFFEN-
DER, SUCH COURT SHALL, ON DEMAND, DIRECT THE DELIVERY OF THE PROPERTY SO
HELD IN CUSTODY TO THE OWNER THEREOF.
S 236.32 DISPOSAL OF DEAD ANIMALS.
  1. THE CARCASSES OF LARGE DOMESTIC ANIMALS, INCLUDING BUT NOT  LIMITED
TO  HORSES,  COWS, SHEEP, SWINE, GOATS AND MULES, WHICH HAVE DIED OTHER-
WISE THAN BY SLAUGHTER, SHALL BE BURIED AT LEAST THREE  FEET  BELOW  THE
SURFACE  OF  THE GROUND OR OTHERWISE DISPOSED OF IN A SANITARY MANNER BY
THE OWNER OF SUCH ANIMALS, WHETHER THE  CARCASSES  ARE  LOCATED  ON  THE
PREMISES  OF  SUCH  OWNER OR ELSEWHERE. SUCH DISPOSAL SHALL BE COMPLETED
WITHIN SEVENTY-TWO HOURS AFTER THE OWNER IS DIRECTED TO  DO  SO  BY  ANY
PEACE  OFFICER,  ACTING  PURSUANT  TO  HIS OR HER SPECIAL DUTIES, POLICE
OFFICER, OR BY A DESIGNATED REPRESENTATIVE OF THE COMMISSIONER OF  AGRI-
CULTURE AND MARKETS.
  2.  NOTWITHSTANDING  SECTION  FORTY-ONE OF THE AGRICULTURE AND MARKETS
LAW, ANY VIOLATION OF THIS SECTION SHALL CONSTITUTE  A  VIOLATION.  THIS
SECTION  SHALL  NOT  APPLY  TO ANIMAL CARCASSES USED FOR EXPERIMENTAL OR
TEACHING PURPOSES.
S 236.33 SPAYING AND NEUTERING OF DOGS AND CATS.
  1. THE LEGISLATURE FINDS THAT THE UNCONTROLLED BREEDING  OF  DOGS  AND
CATS  IN  THE  STATE RESULTS IN AN OVERABUNDANCE OF PUPPIES AND KITTENS.
MORE PUPPIES AND KITTENS ARE PRODUCED THAN RESPONSIBLE  HOMES  FOR  THEM
CAN  BE  PROVIDED. THIS LEADS TO MANY OF SUCH ANIMALS BECOMING STRAY AND
SUFFERING PRIVATION AND DEATH, BEING IMPOUNDED AND  DESTROYED  AT  GREAT
EXPENSE  TO  THE COMMUNITY AND CONSTITUTING A PUBLIC NUISANCE AND HEALTH
HAZARD. IT IS THEREFORE DECLARED TO BE THE PUBLIC POLICY OF  THIS  STATE
THAT  EVERY FEASIBLE HUMANE MEANS OF REDUCING THE PRODUCTION OF UNWANTED
PUPPIES AND KITTENS BE ENCOURAGED.
  2. NO ANIMAL SHELTER, POUND, DOG CONTROL OFFICER, HUMANE SOCIETY,  DOG
OR  CAT  PROTECTIVE  ASSOCIATION,  OR  DULY INCORPORATED SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS  SHALL  RELEASE  ANY  DOG  OR  CAT  FOR
ADOPTION TO ANY PERSON UNLESS PRIOR THERETO:
  (A) THE DOG OR CAT HAS BEEN SPAYED OR NEUTERED; OR
  (B) THE PERSON INTENDING TO ADOPT THE DOG OR CAT SHALL HAVE EXECUTED A
WRITTEN  AGREEMENT  WITH THE ANIMAL SHELTER, POUND, DOG CONTROL OFFICER,
HUMANE SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION, OR DULY  INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, TO HAVE THE DOG OR CAT
SPAYED  OR NEUTERED WITHIN THIRTY DAYS FROM THE ADOPTION DATE, OR IN THE
CASE OF A DOG OR CAT WHICH HAS NOT YET REACHED SEXUAL  MATURITY,  WITHIN
THIRTY  DAYS  OF  THE  DOG OR CAT REACHING SIX MONTHS OF AGE. THE PERSON
INTENDING TO ADOPT THE DOG OR CAT SHALL DEPOSIT WITH THE ANIMAL SHELTER,
POUND, DOG CONTROL OFFICER, HUMANE SOCIETY, DOG OR CAT PROTECTIVE  ASSO-
CIATION,  OR  DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO
ANIMALS, AN AMOUNT OF NOT LESS THAN THIRTY-FIVE DOLLARS.  NOT MORE  THAN
EVERY  TWO  YEARS,  THE  COMMISSIONER  OF AGRICULTURE AND MARKETS, AFTER

A. 1836                            20

HOLDING A PUBLIC HEARING, MAY  RAISE  THE  AMOUNT  TO  BE  DEPOSITED  TO
REFLECT RISING COSTS; OR
  (C) THE PERSON INTENDING TO ADOPT THE DOG OR CAT SHALL HAVE EXECUTED A
WRITTEN  AGREEMENT  WITH THE ANIMAL SHELTER, POUND, DOG CONTROL OFFICER,
HUMANE SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION  OR  SOCIETY  FOR  THE
PREVENTION  OF  CRUELTY  TO  ANIMALS  TO  HAVE  THE DOG OR CAT SPAYED OR
NEUTERED WITHIN THIRTY DAYS FROM THE ADOPTION DATE, OR IN THE CASE OF  A
DOG OR CAT WHICH HAS NOT YET REACHED SEXUAL MATURITY, WITHIN THIRTY DAYS
OF  THE  DOG  OR CAT REACHING SIX MONTHS OF AGE. THE PERSON INTENDING TO
ADOPT THE DOG OR CAT SHALL HAVE PAID AN ADOPTION FEE WHICH INCLUDES  THE
COST  OF  THE  SPAY  OR  NEUTER  PROCEDURE.  THE WRITTEN AGREEMENT SHALL
REQUIRE THAT THE ANIMAL SHELTER,  POUND,  DOG  CONTROL  OFFICER,  HUMANE
SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION OR SOCIETY FOR THE PREVENTION
OF CRUELTY TO ANIMALS FROM WHICH THE DOG OR CAT IS ADOPTED BEAR THE COST
OF THE SPAY OR NEUTER PROCEDURE.
  3. FOR THE PURPOSES OF THIS SECTION, THE AGE OF THE ANIMAL AT THE TIME
OF  ADOPTION  SHALL  BE  DETERMINED  BY  THE  ANIMAL SHELTER, POUND, DOG
CONTROL OFFICER, HUMANE SOCIETY, DOG OR CAT PROTECTIVE  ASSOCIATION,  OR
DULY  INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS THAT
RELEASES THE ANIMAL FOR ADOPTION AND SUCH AGE SHALL BE  CLEARLY  WRITTEN
ON THE WRITTEN AGREEMENT BY THE ANIMAL SHELTER, POUND, DOG CONTROL OFFI-
CER, HUMANE SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION, OR DULY INCORPO-
RATED  SOCIETY  FOR  THE  PREVENTION OF CRUELTY TO ANIMALS, PRIOR TO THE
AGREEMENT BEING EXECUTED BY THE PERSON ADOPTING THE ANIMAL.
  4. ANY DEPOSIT COLLECTED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION  TWO
OF  THIS  SECTION  THAT  IS  NOT  CLAIMED  WITHIN  NINETY  DAYS  OF  ITS
COLLECTION, OR IF THE DEPOSIT IS FOR AN ANIMAL UNDER SIX MONTHS OF  AGE,
WITHIN  SIXTY DAYS AFTER THE ANIMAL HAS REACHED SIX MONTHS OF AGE, SHALL
BE DEPOSITED IN THE ANIMAL POPULATION CONTROL FUND ESTABLISHED  PURSUANT
TO SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
  DEPOSITS  COLLECTED  PURSUANT  TO  PARAGRAPH (B) OF SUBDIVISION TWO OF
THIS SECTION SHALL BE REFUNDED TO THE ADOPTER UPON PRESENTATION  TO  THE
ANIMAL  SHELTER, POUND, DOG CONTROL OFFICER, HUMANE SOCIETY, DOG AND CAT
PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY FOR THE  PREVENTION
OF CRUELTY TO ANIMALS OF WRITTEN DOCUMENTATION FROM A LICENSED VETERINA-
RIAN  THAT THE DOG OR CAT HAS BEEN SPAYED OR NEUTERED, PROVIDED THAT THE
ANIMAL HAS BEEN SPAYED OR NEUTERED WITHIN  THE  TIME  SPECIFIED  IN  THE
WRITTEN  AGREEMENT,  OR THAT BECAUSE OF OLD AGE OR OTHER HEALTH REASONS,
AS CERTIFIED BY A LICENSED VETERINARIAN EXAMINING THE DOG OR CAT,  SPAY-
ING OR NEUTERING WOULD ENDANGER THE ANIMAL'S LIFE.
  5.  NOTHING  CONTAINED  IN  THIS SECTION SHALL PREVENT ANY TOWN, CITY,
VILLAGE OR COUNTY IN THIS STATE FROM ENACTING A LOCAL LAW  OR  ORDINANCE
REQUIRING  THAT  ANIMAL  SHELTERS,  POUNDS, DOG CONTROL OFFICERS, HUMANE
SOCIETIES, DOG OR CAT  PROTECTIVE  ASSOCIATIONS  AND  DULY  INCORPORATED
SOCIETIES  FOR  THE  PREVENTION  OF CRUELTY TO ANIMALS WITHIN SUCH TOWN,
CITY, VILLAGE OR COUNTY SPAY OR NEUTER DOGS AND CATS PRIOR TO  RELEASING
SUCH ANIMALS FOR ADOPTION, PROVIDED THAT SUCH LOCAL LAW OR ORDINANCE MAY
REQUIRE  SPAYING  OR  NEUTERING AT AN AGE EARLIER, BUT IN NO EVENT LATER
THAN THAT REQUIRED IN THIS SECTION, EXCEPT WHERE BECAUSE OF ADVANCED AGE
OR OTHER HEALTH REASONS, AS CERTIFIED BY A LICENSED VETERINARIAN WHO HAS
EXAMINED THE DOG OR CAT, SPAYING OR NEUTERING WOULD ENDANGER THE LIFE OF
THE ANIMAL. A TOWN, CITY, VILLAGE OR COUNTY IN THIS  STATE  THAT  ENACTS
SUCH  A  LOCAL  LAW  OR ORDINANCE SHALL BE EXEMPT FROM THE PROVISIONS OF
THIS SECTION.
S 236.34 UNLAWFUL TAMPERING WITH ANIMAL RESEARCH.

A. 1836                            21

  1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "INFECTIOUS AGENTS" SHALL BE LIMITED TO THOSE ORGANISMS THAT CAUSE
SERIOUS PHYSICAL INJURY OR DEATH TO HUMANS.
  (B)  "ANIMAL" MEANS ANY WARM OR COLD-BLOODED ANIMAL OR INSECT WHICH IS
BEING USED IN FOOD OR FIBER PRODUCTION, AGRICULTURE, RESEARCH,  TESTING,
OR  EDUCATION, HOWEVER, SHALL NOT INCLUDE ANY ANIMAL HELD PRIMARILY AS A
PET.
  (C) "FACILITY" MEANS ANY  BUILDING,  STRUCTURE,  LABORATORY,  VEHICLE,
PASTURE,  PADDOCK,  POND,  IMPOUNDMENT  OR PREMISES WHERE ANY SCIENTIFIC
RESEARCH, TEST,  EXPERIMENT,  PRODUCTION,  EDUCATION,  OR  INVESTIGATION
INVOLVING  THE  USE OF ANY ANIMAL IS CARRIED OUT, CONDUCTED OR ATTEMPTED
OR WHERE RECORDS OR DOCUMENTS RELATING TO AN ANIMAL OR ANIMAL  RESEARCH,
TESTS,  EXPERIMENTS,  PRODUCTION,  EDUCATION  OR INVESTIGATION ARE MAIN-
TAINED.
  (D) "RELEASE" MEANS TO INTENTIONALLY SET FREE FROM  ANY  FACILITY  ANY
ANIMAL WITHOUT ANY RIGHT, TITLE, OR CLAIM THERETO.
  (E) "ABANDONMENT" MEANS THE INTENTIONAL RELINQUISHMENT OR FORSAKING OF
POSSESSION OR CONTROL OF ANY ANIMAL RELEASED FROM A FACILITY.
  (F)  "PERSON"  MEANS  ANY INDIVIDUAL, FIRM, ORGANIZATION, PARTNERSHIP,
ASSOCIATION OR CORPORATION.
  (G) "SECRET SCIENTIFIC MATERIAL" MEANS A SAMPLE, CULTURE, MICRO-ORGAN-
ISM, SPECIMEN, RECORD, RECORDING, DOCUMENT, DRAWING OR ANY  OTHER  ARTI-
CLE,  MATERIAL,  DEVICE  OR  SUBSTANCE  WHICH  CONSTITUTES,  REPRESENTS,
EVIDENCES, REFLECTS, OR  RECORDS  A  SCIENTIFIC  OR  TECHNICAL  PROCESS,
INVENTION OR FORMULA OR ANY PART OR PHASE THEREOF WHICH IS STORED, TEST-
ED,  STUDIED  OR  EXAMINED  IN  ANY  FACILITY, AND WHICH IS NOT, AND NOT
INTENDED TO BE, AVAILABLE TO ANYONE OTHER THAN  THE  PERSON  OR  PERSONS
RIGHTFULLY IN POSSESSION THEREOF OR SELECTED PERSONS HAVING ACCESS THER-
ETO  WITH  HIS,  HER OR THEIR CONSENT, AND WHEN IT ACCORDS OR MAY ACCORD
SUCH RIGHTFUL POSSESSORS AN ADVANTAGE OVER COMPETITORS OR OTHER  PERSONS
WHO DO NOT HAVE KNOWLEDGE OR THE BENEFIT THEREOF.
  (H)  "NOTICE"  MEANS  TO  PROVIDE INFORMATION IN SUCH DETAIL TO MAKE A
REASONABLE PERSON AWARE OF THE PRESENCE  IN  A  FACILITY  OF  INFECTIOUS
AGENTS OR SECRET SCIENTIFIC MATERIAL.
  2. NOTICE. ANY PERSON WHO, AFTER NOTICE HAS BEEN GIVEN BY:
  (A) ACTUAL NOTICE IN WRITING OR ORALLY TO THE PERSON; OR
  (B) PROMINENTLY POSTING WRITTEN NOTICE UPON OR IMMEDIATELY ADJACENT TO
THE FACILITY; OR
  (C) NOTICE THAT IS ANNOUNCED UPON ENTRY TO THE FACILITY BY ANY PERSON:
  (I)  KNOWINGLY  OR INTENTIONALLY RELEASES AN ANIMAL FROM A FACILITY OR
CAUSES THE ABANDONMENT OF AN ANIMAL KNOWING THAT SUCH ANIMAL WAS EXPOSED
TO INFECTIOUS AGENTS PRIOR TO SUCH RELEASE OR ABANDONMENT AND WAS  CAPA-
BLE OF TRANSMITTING SUCH INFECTIOUS AGENTS TO HUMANS; OR
  (II)  WITH INTENT TO DO SO, CAUSES LOSS OR DAMAGE TO SECRET SCIENTIFIC
MATERIAL, AND HAVING NO RIGHT TO DO SO  NOR  ANY  REASONABLE  GROUND  TO
BELIEVE  THAT  HE OR SHE HAS SUCH RIGHT, CAUSES LOSS OF OR DAMAGE TO ANY
SECRET SCIENTIFIC MATERIAL IN AN AMOUNT IN EXCESS OF TWO  HUNDRED  FIFTY
DOLLARS AT A FACILITY, SHALL BE GUILTY OF UNLAWFUL TAMPERING WITH ANIMAL
RESEARCH. UNLAWFUL TAMPERING WITH ANIMAL RESEARCH IS A CLASS E FELONY.
  3.  PRIVATE  RIGHT OF ACTION. ANY PERSON WHO VIOLATES ANY PROVISION OF
THIS SECTION SHALL BE LIABLE IN ANY  COURT  OF  COMPETENT  JURISDICTION,
INCLUDING SMALL CLAIMS COURT, IN AN AMOUNT EQUAL TO:
  (A)  DAMAGES SUSTAINED AS A RESULT OF SUCH VIOLATION OR FIFTY DOLLARS,
WHICHEVER IS GREATER, FOR EACH VIOLATION;
  (B) SUCH ADDITIONAL PUNITIVE DAMAGES AS THE COURT MAY ALLOW;

A. 1836                            22

  (C) ATTORNEY'S FEES AND COSTS; AND
  (D) COST OF DUPLICATING ANY EXPERIMENT WHICH WAS DAMAGED BY THE UNLAW-
FUL TAMPERING WITH ANIMAL RESEARCH, IF APPLICABLE.
  IN ANY ACTION BROUGHT BY ANY PERSON TO ENFORCE THIS SECTION, THE COURT
MAY,  SUBJECT  TO  ITS  JURISDICTION, ISSUE AN INJUNCTION TO RESTRAIN OR
PREVENT ANY VIOLATION OF THIS SECTION OR ANY  CONTINUANCE  OF  ANY  SUCH
VIOLATION.
S 236.35 PROHIBITION OF THE SELLING OF FUR, HAIR, SKIN OR FLESH OF A DOG
            OR CAT.
  1.  IT  SHALL  BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP OR CORPO-
RATION TO KNOWINGLY IMPORT, SELL, OFFER FOR SALE, MANUFACTURE,  DISTRIB-
UTE,  TRANSPORT  OR  OTHERWISE MARKET OR TRADE IN THE FUR, HAIR, SKIN OR
FLESH OF A DOMESTICATED  DOG  (CANIS  FAMILIARIS)  OR  DOMESTICATED  CAT
(FELIS  CATUS  OR  DOMESTICUS),  WHETHER DOMESTICALLY RAISED OR IMPORTED
FROM ANOTHER COUNTRY, OR ANY PRODUCT OR ITEM CONTAINING OR COMPRISED  OF
THE  FUR,  HAIR, SKIN OR FLESH OF A DOG OR CAT.  AS USED IN THIS SECTION
THE TERM "DOMESTICATED DOG OR CAT" SHALL  NOT  MEAN  OR  INCLUDE  COYOTE
(RANIS  LATRANS),  FOX  (VULPES  VOLPES,  VULPES CINEREOARGENTEUS), LYNX
(FELIS LYNX) OR BOBCAT (FELIS RUFUS).
  2. MANUFACTURERS OR SUPPLIERS  SHALL  PROVIDE  CERTIFICATION  TO  EACH
RETAILER  THAT  ANY  FUR, HAIR, SKIN OR FLESH CONTAINED IN SUCH ITEMS IS
NOT DERIVED FROM DOMESTICATED DOG OR DOMESTICATED CAT.
  3. THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL MAINTAIN A STAND-
ARD FOR THE CERTIFICATION REQUIRED BY THE PROVISIONS OF SUBDIVISION  TWO
OF THIS SECTION.
  4.  A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY
OF UP TO ONE THOUSAND DOLLARS FOR AN INDIVIDUAL AND UP TO FIVE  THOUSAND
DOLLARS  FOR  A  CORPORATION  FOR  THE  FIRST  VIOLATION. ANY SUBSEQUENT
VIOLATION SHALL BE PUNISHABLE BY A CIVIL PENALTY OF  UP  TO  TWENTY-FIVE
THOUSAND DOLLARS.
  5.  ANY  CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION OF LAW ARE
PAYABLE TO THE ANIMAL POPULATION CONTROL FUND  ESTABLISHED  PURSUANT  TO
SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
  6.  (A) NO PROVISION OF THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
INTERFERE WITH ANY PROPERLY CONDUCTED SCIENTIFIC TESTS,  EXPERIMENTS  OR
INVESTIGATIONS  INVOLVING  THE USE OF DOG OR CAT FUR OR FLESH, PERFORMED
OR CONDUCTED IN LABORATORIES OR INSTITUTIONS,  WHICH  ARE  APPROVED  FOR
THESE  PURPOSES BY THE COMMISSIONER OF HEALTH IN ACCORDANCE WITH SECTION
236.02 OF THIS ARTICLE.
  (B) NO PROVISION OF THIS SECTION SHALL BE CONSTRUED  TO  PROHIBIT  ANY
PERSON, FIRM, PARTNERSHIP OR CORPORATION FROM IMPORTING, SELLING, OFFER-
ING  FOR  SALE,  MANUFACTURING, DISTRIBUTING, TRANSPORTING, OR OTHERWISE
MARKETING OR TRADING IN THE FUR, HAIR, SKIN, OR FLESH OF A  DOMESTICATED
DOG  OR CAT FOR THE PURPOSES OF CONDUCTING SCIENTIFIC TESTS, EXPERIMENTS
OR INVESTIGATIONS THAT ARE TO BE PERFORMED OR CONDUCTED IN  LABORATORIES
OR  INSTITUTIONS,  WHICH  ARE APPROVED FOR THESE PURPOSES BY THE COMMIS-
SIONER OF HEALTH IN ACCORDANCE WITH SECTION 236.02 OF THIS ARTICLE.
S 236.36 CONFINEMENT OF COMPANION ANIMALS IN VEHICLES;  EXTREME  TEMPER-
           ATURES.
  1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN
EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM
SUCH  EXTREME  TEMPERATURES  WHERE SUCH CONFINEMENT PLACES THE COMPANION
ANIMAL IN IMMINENT DANGER OF DEATH OR SERIOUS  PHYSICAL  INJURY  DUE  TO
EXPOSURE TO SUCH EXTREME HEAT OR COLD.
  2.  WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED, A
POLICE OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF  A

A. 1836                            23

DULY  INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE THE
ANIMAL OR ANIMALS FROM THE VEHICLE.
  3.  POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS AGENTS
OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM
A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN
THE VEHICLE, BEARING THE NAME OF THE OFFICER OR AGENT, AND  THE  DEPART-
MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
  4.  AN  ANIMAL  OR  ANIMALS  REMOVED  FROM  A VEHICLE PURSUANT TO THIS
SECTION SHALL, AFTER  RECEIPT  OF  ANY  NECESSARY  EMERGENCY  VETERINARY
TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI-
ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE-
OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
  5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE
OF  THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE OF
NOT LESS THAN FIFTY DOLLARS NOR MORE THAN  ONE  HUNDRED  DOLLARS  FOR  A
FIRST  OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE
THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES.
  6. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS
TAKEN REASONABLY AND IN GOOD FAITH IN CARRYING  OUT  THE  PROVISIONS  OF
THIS SECTION.
  7.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
OTHER  PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY   OTHER
PROVISIONS OF THIS ARTICLE.
  S 2. Article 26 of the agriculture and markets law is REPEALED.
  S 3. Paragraph (a) of subdivision 24 of section 108 of the agriculture
and  markets  law,  as  amended  by  chapter 392 of the laws of 2004, is
amended to read as follows:
  (a) "Dangerous dog" means any  dog  which  (i)  without  justification
attacks  a  person,  companion  animal as defined in subdivision five of
section [three hundred fifty of this chapter] 236.00 OF THE  PENAL  LAW,
farm  animal  as  defined  in subdivision four of section [three hundred
fifty of this chapter] 236.00 OF THE PENAL LAW  or  domestic  animal  as
defined  in subdivision seven of this section and causes physical injury
or death, or (ii) behaves in a manner which a  reasonable  person  would
believe poses a serious and unjustified imminent threat of serious phys-
ical  injury  or  death  to one or more persons, companion animals, farm
animals or domestic animals or (iii)  without  justification  attacks  a
service  dog,  guide  dog  or  hearing dog and causes physical injury or
death.
  S 4. Paragraph (b) of subdivision 2 of section 123 of the  agriculture
and markets law, as amended by section 18 of part T of chapter 59 of the
laws of 2010, is amended to read as follows:
  (b)  secure, humane confinement of the dog for a period of time and in
a manner deemed appropriate by the court  but  in  all  instances  in  a
manner  designed  to:  (1)  prevent  escape  of the dog, (2) protect the
public from unauthorized contact with the dog, and (3)  to  protect  the
dog  from  the elements pursuant to section [three hundred fifty-three-b
of this chapter] 236.04 OF THE PENAL LAW.   Such confinement  shall  not
include lengthy periods of tying or chaining;
  S  5. Subdivision 1 of section 160.10 of the criminal procedure law is
amended by adding a new paragraph (b-1) to read as follows:
  (B-1) A MISDEMEANOR DEFINED IN SECTION 236.02 OF THE PENAL LAW; OR
  S 6. Subparagraph 2 of paragraph  (f)  of  subdivision  1  of  section
530.12  of  the  criminal  procedure law, as added by chapter 253 of the
laws of 2006, is amended to read as follows:

A. 1836                            24

  2. "Companion animal", as used in this section, shall  have  the  same
meaning  as  in  subdivision five of section [three hundred fifty of the
agriculture and markets] 236.00 OF THE PENAL law.
  S 7. Subparagraph 2 of paragraph (c) of subdivision 1 and subparagraph
2  of  paragraph  (c) of subdivision 4 of section 530.13 of the criminal
procedure law, as added by chapter 253 of the laws of 2006, are  amended
to read as follows:
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S  8. The opening paragraph of paragraph e of subdivision 6 of section
11-0103 of the environmental conservation law, as amended by chapter  10
of the laws of 2005, is amended to read as follows:
  "Wild  animal"  shall  not  include  "companion  animal" as defined in
section [three hundred fifty of the agriculture and markets]  236.00  OF
THE  PENAL  law.  Wild animal includes, and is limited to, any or all of
the following orders and families:
  S 9. Paragraph f of subdivision 9 of section 11-0917 of  the  environ-
mental  conservation law, as amended by chapter 432 of the laws of 1997,
is amended to read as follows:
  f. No live wolf, coyote,  coydog,  fox,  skunk,  venomous  reptile  or
raccoon  shall  be  possessed  or transported, except under a license or
permit issued by the department.   Every such license  or  permit  shall
contain  a prominent notice thereon warning the licensee or permittee of
his or her duty to exercise due care in  safeguarding  the  public  from
attack by such wild animal or venomous reptile and that failure to do so
is  a  crime under section [three hundred seventy of the agriculture and
markets law] 236.25 OF THE PENAL LAW.   The provisions  of  the  opening
paragraph  of  section  [three  hundred  seventy  of the agriculture and
markets] 236.25 OF THE PENAL law except the last sentence thereof  shall
be  set forth on such license or permit immediately following such warn-
ing notice.
  S 10. Subdivision 6 of section 399-aa of the general business law,  as
added by chapter 573 of the laws of 2002, is amended to read as follows:
  6.  (a) No provision of this section shall be construed to prohibit or
interfere with any properly conducted scientific tests,  experiments  or
investigations  involving  the use of dog or cat fur or flesh, performed
or conducted in laboratories or institutions,  which  are  approved  for
these  purposes  by  the state commissioner of health in accordance with
section [three hundred  fifty-three  of  the  agriculture  and  markets]
236.02 OF THE PENAL law.
  (b)  No  provision  of this section shall be construed to prohibit any
person, firm, partnership or corporation from importing, selling, offer-
ing for sale, manufacturing, distributing,  transporting,  or  otherwise
marketing  or trading in the fur, hair, skin, or flesh of a domesticated
dog or cat for the purposes of conducting scientific tests,  experiments
or  investigations that are to be performed or conducted in laboratories
or institutions, which are approved for  these  purposes  by  the  state
commissioner  of health in accordance with section [three hundred fifty-
three of the agriculture and markets] 236.02 OF THE PENAL law.
  S 11. Section 750-t of the general business law, as added  by  chapter
526 of the laws of 1992, is amended to read as follows:

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  S 750-t. Disposal in compliance with forms. A pet cemetery owner shall
dispose  of  a pet in compliance with a pet disposal form completed by a
pet owner or veterinarian. If such pet is disposed of, either  by  indi-
vidual  cremation  or  individual  burial,  the pet cemetery owner shall
within  ten days of such disposal send or give a written confirmation of
such  disposal  to  the  pet  owner  or   veterinarian,   depending   on
instructions  in  pet  disposal  form,  and, shall attest to the method,
date, and place of disposal. If a pet is disposed of either through mass
cremation or mass burial, no written  confirmation  shall  be  required.
Copies  of  all  forms shall be retained for a period of two years after
receipt. All pet remains shall be buried at least  twelve  inches  below
the  surface  of the ground or in accordance with section [three hundred
seventy-seven of the agriculture and markets] 236.32 OF THE PENAL law in
the case of a large domestic animal or otherwise disposed of in a  sani-
tary manner.
  S  12.  Subdivision  1  of  section  352.3 of the family court act, as
amended by chapter 532 of the laws  of  2008,  is  amended  to  read  as
follows:
  (1)  Upon  the  issuance  of an order pursuant to section 315.3 or the
entry of an order of disposition pursuant to section 352.2, a court  may
enter  an  order  of  protection  against  any respondent for good cause
shown. The order may require that the respondent: (a) stay away from the
home, school, business or place of employment  of  the  victims  of  the
alleged  offense; or (b) refrain from harassing, intimidating, threaten-
ing or otherwise interfering with the victim or victims of  the  alleged
offense  and  such  members of the family or household of such victim or
victims as shall be specifically named by the court in  such  order;  or
(c)  refrain  from intentionally injuring or killing, without justifica-
tion, any companion animal the respondent knows to be owned,  possessed,
leased,  kept  or  held  by the person protected by the order or a minor
child residing in such person's household. "Companion animal",  as  used
in  this subdivision, shall have the same meaning as in subdivision five
of section [three hundred fifty of the agriculture and  markets]  236.00
OF THE PENAL law.
  S  13.  Paragraph  2  of  subdivision (h) of section 446 of the family
court act, as added by chapter 253 of the laws of 2006,  is  amended  to
read as follows:
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S  14.  Paragraph  2  of  subdivision (i) of section 551 of the family
court act, as added by chapter 253 of the laws of 2006,  is  amended  to
read as follows:
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S  15.  Paragraph  2  of  subdivision (i) of section 656 of the family
court act, as added by chapter 253 of the laws of 2006,  is  amended  to
read as follows:
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S  16.  Paragraph  2  of  subdivision (h) of section 759 of the family
court act, as added by chapter 253 of the laws of 2006,  is  amended  to
read as follows:

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  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S  17.  Paragraph  2  of  subdivision (i) of section 842 of the family
court act, as added by chapter 253 of the laws of 2006,  is  amended  to
read as follows:
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S 18. Subparagraph 2 of paragraph (g) of subdivision 1 of section 1056
of the family court act, as added by chapter 253 of the laws of 2006, is
amended to read as follows:
  2.  "Companion  animal",  as used in this section, shall have the same
meaning as in subdivision five of section [three hundred  fifty  of  the
agriculture and markets] 236.00 OF THE PENAL law.
  S  19.  Subdivision  d of section 20-383 of the administrative code of
the city of New York, as amended by local law number 2 of  the  city  of
New York for the year 1994, is amended to read as follows:
  d.  Notwithstanding  the  provisions  of  subdivisions b and c of this
section, any driver of a horse drawn cab found guilty of  one  violation
of  subdivision  d  of  section  20-381.1 of the code or sections [three
hundred fifty-one, three hundred fifty-three, three  hundred  fifty-five
through  three  hundred sixty-two or three hundred sixty-nine of the New
York state agriculture and  markets]  236.01,  236.02,  236.07,  236.08,
236.09,  236.10,  236.11,  236.12,  236.13,  236.14,  236.15, 236.16, OR
236.24 OF THE PENAL law or who is found guilty of a  violation  of  this
subchapter  while his or her license is suspended, shall have his or her
license revoked. A driver whose license has been revoked  in  accordance
with  this provision may not apply for a new license for five years from
the date of revocation.
  S 20. Section 80 of the agriculture and markets  law,  as  amended  by
chapter 680 of the laws of 1967, is amended to read as follows:
  S 80. Certificate  to healthy herds.  For the purpose of giving recog-
nition to other than segregated herds which are certified to him OR HER,
after competent examination satisfactory to him OR HER, to be in a heal-
thy condition, the commissioner  is  hereby  authorized  to  issue  such
certificates  as he OR SHE may deem proper to the owner of such herd; to
use such terms to designate such herds as will  harmonize  with  federal
designations of such herds and to adopt such rules as he OR SHE may deem
proper  for  the  tagging,  branding or marking of any animal or animals
affected or believed to be affected with any  communicable  disease,  or
exposed thereto. In the event that such animals are branded it shall not
be  construed as cruelty to animals within the meaning of article [twen-
ty-six of this chapter] TWO HUNDRED THIRTY-SIX OF THE PENAL LAW.
  S 21. Subdivision 3 of section 404 of the agriculture and markets law,
as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
follows:
  3.  Violation  of  any  provision  of  this article or conviction of a
violation of any provision of article [twenty-six of this  chapter]  TWO
HUNDRED  THIRTY-SIX  OF  THE PENAL LAW or regulations promulgated there-
under pertaining to humane treatment of  animals,  cruelty  to  animals,
endangering  the life or health of an animal, or violation of any feder-
al, state, or  local  law  pertaining  to  the  care,  treatment,  sale,
possession, or handling of animals or any regulation or rule promulgated
pursuant  thereto  relating to the endangerment of the life or health of
an animal.

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  S 22. Section 407 of the agriculture and  markets  law,  as  added  by
chapter 259 of the laws of 2000, is amended to read as follows:
  S  407. Construction with other laws. Nothing in this article shall be
construed to limit or restrict agents or officers of societies  for  the
prevention  of  cruelty  to  animals  or the police from enforcing other
provisions of [article twenty-six of] this chapter, ARTICLE TWO  HUNDRED
THIRTY-SIX  OF  THE  PENAL  LAW, or any other law relating to the humane
treatment of or cruelty to animals.
  S 23. Subdivisions 56, 68 and 79  of  section  2.10  of  the  criminal
procedure  law,  subdivision  56  as added by chapter 188 of the laws of
1989, subdivision 68 as added by chapter 227 of the  laws  of  2000  and
subdivision  79 as added by chapter 752 of the laws of 2004, are amended
to read as follows:
  56. Dog control officers  of  the  town  of  Brookhaven,  who  at  the
discretion  of  the  town  board may be designated as constables for the
purpose of enforcing article [twenty-six of the agriculture and  markets
law]  TWO  HUNDRED  THIRTY-SIX  OF  THE PENAL LAW and for the purpose of
issuing appearance tickets permitted under article seven of  [such]  THE
AGRICULTURE  AND  MARKETS  law;  provided, however, that nothing in this
subdivision shall be deemed to authorize such officer to carry, possess,
repair or dispose of a firearm unless the appropriate  license  therefor
has been issued pursuant to section 400.00 of the penal law.
  68. Dog control officers of the town of Arcadia, who at the discretion
of  the  town  board  may be designated as constables for the purpose of
enforcing article [twenty-six of the agriculture and  markets  law]  TWO
HUNDRED  THIRTY-SIX  OF  THE  PENAL  LAW  and for the purpose of issuing
appearance tickets permitted under article seven of [such] THE  AGRICUL-
TURE  AND  MARKETS law; provided, however, that nothing in this subdivi-
sion shall be deemed to authorize such officer to carry, possess, repair
or dispose of a firearm unless the appropriate license therefor has been
issued pursuant to section 400.00 of the penal law.
  79. Animal control  officers  of  the  city  of  Elmira,  who  at  the
discretion  of  the city council of the city of Elmira may be designated
as constables for the purpose of enforcing article  [twenty-six  of  the
agriculture  and  markets  law] TWO HUNDRED THIRTY-SIX OF THE PENAL LAW,
and for the purpose of issuing appearance tickets permitted under  arti-
cle  seven of [such] THE AGRICULTURE AND MARKETS law; provided, however,
that nothing in this subdivision shall be deemed to authorize such offi-
cer to carry, possess, repair or dispose of a firearm unless the  appro-
priate  license  therefor  has been issued pursuant to section 400.00 of
the penal law.
  S 24. Paragraph (i) of subdivision 1 of section 750-h of  the  general
business law, as added by chapter 526 of the laws of 1992, is amended to
read as follows:
  (i)  Conviction  of a violation of article [twenty-six of the agricul-
ture and markets law] TWO HUNDRED THIRTY-SIX OF THE PENAL LAW  involving
cruelty to animals.
  S  25.  Section 753-d of the general business law, as added by chapter
259 of the laws of 2000, is amended to read as follows:
  S 753-d. Construction with other laws. Nothing in this  article  shall
be  construed  to  limit or restrict agents or officers of societies for
the prevention of cruelty to animals or the police from enforcing [arti-
cles twenty-six and] ARTICLE twenty-six-A of the agriculture and markets
law, ARTICLE TWO HUNDRED THIRTY-SIX OF THE PENAL LAW, or any  other  law
relating to the humane treatment of, or cruelty to, animals.

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  S  26.  This act shall take effect on the ninetieth day after it shall
have become a law.