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

                                   686

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  MILLER,  MOSLEY -- read once and
  referred to the Committee on Judiciary

AN ACT to amend the agriculture and markets law, in relation to the care
  and collection of animals on vacant property

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

  Section  1.  Section 373 of the agriculture and markets law is amended
by adding a new subdivision 2-a to read as follows:
  2-A. A. NOTWITHSTANDING SECTIONS THIRTEEN HUNDRED SEVEN  AND  NINETEEN
HUNDRED  SEVENTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW OR
ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON OR ENTITY WHO  IS
AUTHORIZED  TO  BE  ON  PROPERTY THAT HAS BEEN VACATED AS A RESULT OF AN
EVICTION, PROPERTY FORECLOSURE, FORFEITURE OR  DEFAULT  ON  A  MORTGAGE,
TRUST  DEED  OR  LAND  SALES  CONTRACT, OR ABANDONMENT WHO ENCOUNTERS AN
ANIMAL WHICH BASED ON ITS PHYSICAL APPEARANCE OR LACK OF AVAILABLE  FOOD
OR  WATER  APPEARS  ABANDONED  ON  SUCH PROPERTY SHALL PROMPTLY, BUT NOT
LATER THAN SIX HOURS AFTER SUCH ENCOUNTER, NOTIFY THE DOG CONTROL  OFFI-
CER,  THE POLICE, OR AGENT OR OFFICER OF A DULY INCORPORATED SOCIETY FOR
THE PREVENTION OF CRUELTY TO  ANIMALS  ABOUT  SUCH  ENCOUNTER,  FOR  THE
PURPOSE  OF  PROMPTLY  RETRIEVING  OR  PROVIDING NECESSARY CARE FOR SUCH
ANIMAL AT THE PROPERTY  UNTIL  THE  ANIMAL  CAN  BE  RETRIEVED.  ANIMALS
REMOVED  FROM  THE  PREMISES  SHALL BE PLACED IN THE CUSTODY OF A POUND,
DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY
INCORPORATED HUMANE SOCIETY,  OR  DULY  INCORPORATED  ANIMAL  PROTECTIVE
ASSOCIATION  AND  CARED  FOR  IN  ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION, SECTION THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE, SECTION ONE
HUNDRED SEVENTEEN OF THIS CHAPTER, AND ALL  OTHER  LAWS  AND  ORDINANCES
THAT  GOVERN THE HUMANE TREATMENT OF ANIMALS. FAILURE TO PROVIDE NOTIFI-
CATION AS PROVIDED FOR IN THIS SUBDIVISION SHALL BE A VIOLATION.
  B. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT  IN
ANY WAY AGENTS OR OFFICERS OF SOCIETIES FOR THE PREVENTION OF CRUELTY TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04121-01-5
              

A. 686                              2

ANIMALS  OR  THE POLICE FROM ENFORCING PROVISIONS OF THIS ARTICLE OR ANY
OTHER LAW RELATING TO ABANDONMENT OF ANIMALS OR THE  INHUMANE  TREATMENT
OF OR CRUELTY TO ANIMALS.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.