S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3867
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Domestic Animal Welfare
 
 AN ACT to amend the penal law, in relation to codifying  animal  cruelty
   laws  under  such  law;  to amend the agriculture and markets law, the
   general business law, the family court  act,  the  criminal  procedure
   law,  the  environmental  conservation law, the public authorities law
   and the administrative code of the city of New York,  in  relation  to
   making  necessary  technical  and  conforming  changes;  and repealing
   certain provisions 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. Sections 350, 351, 353, 353-a, 353-b, 353-c, 353-d, 353-e,
 353-f, 354, 355, 356, 359, 360, 361, 362, 363,  364,  365,  366,  366-a,
 368, 375 and 376 of the agriculture and markets law are REPEALED.
   §  2.  Subdivision 8 of section 374 of the agriculture and markets law
 is REPEALED.
   § 3. Part 3 of the penal law is amended by adding a  new  title  Q  to
 read as follows:
                                  TITLE Q
                         OFFENSES AGAINST ANIMALS
                                ARTICLE 280
                         OFFENSES AGAINST ANIMALS
 SECTION 280.00  OFFENSES AGAINST ANIMALS; DEFINITIONS OF TERMS.
         280.05  FACILITATING ANIMAL FIGHTING IN THE FIRST DEGREE.
         280.06  FACILITATING ANIMAL FIGHTING IN THE SECOND DEGREE.
         280.07  FACILITATING ANIMAL FIGHTING IN THE THIRD DEGREE.
         280.10  OVERDRIVING,  TORTURING  OR INJURING ANIMALS; FAILURE TO
                   PROVIDE PROPER SUSTENANCE.
         280.15  AGGRAVATED CRUELTY TO ANIMALS.
         280.20  FAILURE TO PROVIDE APPROPRIATE SHELTER FOR  A  DOG  LEFT
                   OUTDOORS.

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

                                                            LBD02155-01-9

 S. 3867                             2
 
         280.25  ELECTROCUTION OF FUR-BEARING ANIMALS.
         280.30  CONFINEMENT  OF A COMPANION ANIMAL IN A VEHICLE; EXTREME
                   TEMPERATURES.
         280.35  PARTICIPATION IN A PROHIBITED PRACTICE  AT  A  COMPANION
                   ANIMAL GROOMING FACILITY.
         280.40  PIERCING AND TATTOOING OF A COMPANION ANIMAL.
         280.45  UNLAWFUL SALE OF BABY CHICKS AND BABY RABBITS.
         280.50  ABANDONMENT OF AN ANIMAL.
         280.55  FAILURE  TO  PROVIDE  PROPER FOOD AND DRINK TO IMPOUNDED
                   ANIMALS.
         280.60  CARRYING AN ANIMAL IN A CRUEL MANNER.
         280.65  POISONING OR ATTEMPTING TO POISON ANIMALS IN  THE  FIRST
                   DEGREE.
         280.66  POISONING  OR ATTEMPTING TO POISON ANIMALS IN THE SECOND
                   DEGREE.
         280.70  INTERFERENCE WITH OR INJURY TO CERTAIN DOMESTIC ANIMALS.
         280.75  THROWING A SUBSTANCE INJURIOUS TO ANIMALS  IN  A  PUBLIC
                   PLACE.
         280.80  UNAUTHORIZED POSSESSION OF DOGS; PRESUMPTIVE EVIDENCE OF
                   LARCENY.
         280.85  RUNNING HORSES ON A HIGHWAY.
         280.90  CLIPPING OR CUTTING THE EARS OF A DOG.
         280.95  STEALING A COMPANION ANIMAL.
         280.100 REMOVING,  SEIZING  OR  TRANSPORTING  A DOG FOR RESEARCH
                   PURPOSES.
         280.105 UNLAWFULLY OPERATING UPON THE TAILS OF HORSES.
         280.110 EVIDENTIARY AND IMPOUNDMENT PROCEDURES BY MEMBERS OF LAW
                   ENFORCEMENT.
         280.115 DISPOSITION OF  ANIMALS  THROUGH  FORFEITURE  PROCEDURES
                   AFTER CONVICTION.
         280.120 OFFICER  MAY  TAKE  POSSESSION  OF ANIMALS OR IMPLEMENTS
                   USED IN FIGHTS AMONG ANIMALS.
         280.125 DISPOSITION OF ANIMALS  OR  IMPLEMENTS  USED  IN  FIGHTS
                   AMONG ANIMALS.
 § 280.00 OFFENSES AGAINST ANIMALS; DEFINITIONS OF TERMS.
   THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   (A) "ANIMAL" INCLUDES EVERY LIVING CREATURE EXCEPT A HUMAN BEING.
   (B)  "TORTURE"  OR "CRUELTY" INCLUDES EVERY ACT, OMISSION, OR NEGLECT,
 WHEREBY UNJUSTIFIABLE PHYSICAL PAIN, SUFFERING OR  DEATH  IS  CAUSED  OR
 PERMITTED.
   (C) "ADOPTION" MEANS THE DELIVERY TO ANY NATURAL PERSON EIGHTEEN YEARS
 OF  AGE  OR  OLDER, FOR THE LIMITED PURPOSE OF HARBORING A PET SEIZED OR
 SURRENDERED.
   (D) "FARM ANIMAL" MEANS ANY  UNGULATE,  POULTRY,  SPECIES  OF  CATTLE,
 SHEEP,  SWINE,  GOATS, LLAMAS, HORSES OR FUR-BEARING ANIMALS, AS DEFINED
 IN SECTION 11-1907 OF THE  ENVIRONMENTAL  CONSERVATION  LAW,  WHICH  ARE
 RAISED  FOR  COMMERCIAL OR SUSTENANCE PURPOSES. FUR-BEARING ANIMAL SHALL
 NOT INCLUDE DOGS OR CATS.
   (E) "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 SUBDIVISION (D) OF THIS SECTION.
   (F)  "ANIMAL  FIGHTING"  SHALL  MEAN  ANY FIGHT BETWEEN COCKS OR OTHER
 BIRDS, OR BETWEEN DOGS, BULLS, BEARS OR ANY OTHER ANIMAL, OR BETWEEN ANY

 S. 3867                             3
 
 SUCH ANIMAL AND A PERSON OR PERSONS, EXCEPT IN  EXHIBITIONS  OF  A  KIND
 COMMONLY FEATURED AT RODEOS.
   (G) "ANIMAL FIGHTING PARAPHERNALIA" SHALL MEAN EQUIPMENT, PRODUCTS, OR
 MATERIALS  OF  ANY KIND THAT ARE USED, INTENDED FOR USE, OR DESIGNED FOR
 USE IN THE TRAINING, PREPARATION, CONDITIONING OR FURTHERANCE OF  ANIMAL
 FIGHTING. ANIMAL FIGHTING PARAPHERNALIA SHALL INCLUDE THE FOLLOWING:
   (I)  A  BREAKING  STICK,  WHICH  MEANS A DEVICE DESIGNED FOR INSERTION
 BEHIND THE MOLARS OF A DOG FOR THE PURPOSE OF BREAKING THE DOG'S GRIP ON
 ANOTHER ANIMAL OR OBJECT;
   (II) A CAT MILL, WHICH MEANS A DEVICE THAT ROTATES  AROUND  A  CENTRAL
 SUPPORT  WITH  ONE  ARM DESIGNED TO SECURE A DOG AND ONE ARM DESIGNED TO
 SECURE A CAT, RABBIT, OR OTHER SMALL ANIMAL BEYOND THE GRASP OF THE DOG;
   (III) A TREADMILL, WHICH MEANS AN EXERCISE  DEVICE  CONSISTING  OF  AN
 ENDLESS BELT ON WHICH THE ANIMAL WALKS OR RUNS WITHOUT CHANGING PLACES;
   (IV) A SPRINGPOLE, WHICH MEANS A BITING SURFACE ATTACHED TO A STRETCH-
 ABLE  DEVICE,  SUSPENDED  AT  A  HEIGHT SUFFICIENT TO PREVENT A DOG FROM
 REACHING THE BITING SURFACE WHILE TOUCHING THE GROUND;
   (V) A FIGHTING PIT, WHICH MEANS A WALLED AREA,  OR  OTHERWISE  DEFINED
 AREA, DESIGNED TO CONTAIN AN ANIMAL FIGHT; OR
   (VI)  ANY OTHER INSTRUMENT COMMONLY USED IN THE FURTHERANCE OF PITTING
 AN ANIMAL AGAINST ANOTHER ANIMAL.
   (H) "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.
   (I) "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE  LIKELY
 TO  ADVERSELY  AFFECT  THE  HEALTH OR SAFETY OF A DOG, INCLUDING BUT NOT
 LIMITED TO, RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
   (J) "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 ESTABLISHED  UNDER  PARAGRAPH
 (II) OF SUBDIVISION (B) OF SECTION 280.20 OF THIS ARTICLE.
   (K)  "FUR-BEARING  ANIMAL"  SHALL  INCLUDE 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 ENVI-
 RONMENTAL CONSERVATION LAW.
   (L) "CAGE AND BOX DRYER" SHALL MEAN A PRODUCT THAT IS ATTACHED  TO  OR
 NEAR  A CAGE OR BOX FOR THE PURPOSE OF DRYING OR AIDING IN THE DRYING OF
 A COMPANION ANIMAL CONTAINED IN A CAGE OR BOX, WHICH IS CAPABLE OF FUNC-
 TIONING WITHOUT A PERSON MANUALLY HOLDING A DRYER.
   (M) "COMPANION ANIMAL GROOMING FACILITY" SHALL MEAN  AN  ESTABLISHMENT
 WHERE A COMPANION ANIMAL MAY BE BATHED, BRUSHED, CLIPPED OR STYLED FOR A
 FEE.
   (N)  "TATTOO" SHALL MEAN A MARK ON THE BODY MADE WITH INDELIBLE INK OR
 PIGMENTS INJECTED BENEATH THE OUTER LAYER OF THE SKIN.
   (O) "BABY RABBIT" SHALL MEAN A RABBIT OF LESS THAN TWO MONTHS OF AGE.
 § 280.05 FACILITATING ANIMAL FIGHTING IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF FACILITATING ANIMAL FIGHTING IN THE FIRST DEGREE
 WHEN HE OR SHE:
   (A) FOR AMUSEMENT OR GAIN, CAUSES  ANY  ANIMAL  TO  ENGAGE  IN  ANIMAL
 FIGHTING; OR
   (B) TRAINS ANY ANIMAL UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH
 ANIMAL ENGAGE IN ANIMAL FIGHTING FOR AMUSEMENT OR GAIN; OR
   (C)  BREEDS,  SELLS  OR OFFERS FOR SALE ANY ANIMAL UNDER CIRCUMSTANCES
 EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR

 S. 3867                             4
 
   (D) PERMITS ANY ACT DESCRIBED IN SUBDIVISION (A), (B) OR (C)  OF  THIS
 SECTION TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
   (E)  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.
   FACILITATING ANIMAL FIGHTING IN THE FIRST DEGREE IS A CLASS D FELONY.
 § 280.06 FACILITATING ANIMAL FIGHTING IN THE SECOND DEGREE.
   A  PERSON  IS  GUILTY  OF  FACILITATING  ANIMAL FIGHTING IN THE SECOND
 DEGREE WHEN HE OR SHE:
   (A) OWNS, POSSESSES OR KEEPS ANY ANIMAL UNDER  CIRCUMSTANCES  EVINCING
 AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING;
   (B)  PAID AN ADMISSION FEE OR MADE A WAGER AT ANY PLACE WHERE AN EXHI-
 BITION OF ANIMAL FIGHTING IS BEING CONDUCTED;
   (C) KNOWINGLY PARTICIPATES AS A SPECTATOR AT ANY PLACE WHERE AN  EXHI-
 BITION  OF  ANIMAL  FIGHTING  IS BEING CONDUCTED AND HAS BEEN PREVIOUSLY
 FOUND GUILTY OF SUCH OFFENSE OR FOR VIOLATING SUBDIVISION  (B)  OF  THIS
 SECTION IN THE PREVIOUS FIVE YEARS; OR
   (D)  INTENTIONALLY  OWNS,  POSSESSES, SELLS, TRANSFERS OR MANUFACTURES
 ANIMAL FIGHTING PARAPHERNALIA WITH THE INTENT TO ENGAGE IN OR  OTHERWISE
 PROMOTE  OR  FACILITATE  ANIMAL  FIGHTING  AND HAS BEEN PREVIOUSLY FOUND
 GUILTY OF SUCH OFFENSE IN THE PREVIOUS FIVE YEARS.
   FACILITATING ANIMAL FIGHTING IN THE SECOND DEGREE IS A CLASS A  MISDE-
 MEANOR.
 § 280.07 FACILITATING ANIMAL FIGHTING IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF FACILITATING ANIMAL FIGHTING IN THE THIRD DEGREE
 WHEN HE OR SHE:
   (A)  KNOWINGLY PARTICIPATES AS A SPECTATOR AT ANY PLACE WHERE AN EXHI-
 BITION OF ANIMAL FIGHTING IS BEING CONDUCTED; OR
   (B) INTENTIONALLY OWNS, POSSESSES, SELLS,  TRANSFERS  OR  MANUFACTURES
 ANIMAL  FIGHTING PARAPHERNALIA, AS DEFINED IN SUBDIVISION (G) OF SECTION
 280.00 OF THIS ARTICLE, WITH  THE  INTENT  TO  ENGAGE  IN  OR  OTHERWISE
 PROMOTE OR FACILITATE ANIMAL FIGHTING.
   FACILITATING  ANIMAL  FIGHTING IN THE THIRD DEGREE IS A CLASS B MISDE-
 MEANOR.
 § 280.10 OVERDRIVING, TORTURING OR INJURING ANIMALS; FAILURE TO  PROVIDE
            PROPER SUSTENANCE.
   (A)  A PERSON IS GUILTY OF OVERDRIVING, TORTURING, INJURING OR FAILING
 TO PROVIDE PROPER SUSTENANCE TO AN ANIMAL IF HE OR SHE:
   (I) OVERDRIVES, OVERLOADS, TORTURES, BEATS OR  UNJUSTIFIABLY  INJURES,
 MAIMS,  MUTILATES OR KILLS ANY ANIMAL, WHETHER WILD OR TAME, AND WHETHER
 BELONGING TO SUCH PERSON OR TO ANOTHER;
   (II) DEPRIVES ANY ANIMAL OF NECESSARY FOOD OR DRINK BY  NEGLECTING  OR
 REFUSING TO FURNISH AN ANIMAL WITH SUCH FOOD OR DRINK;
   (III)  CAUSES,  PROCURES OR PERMITS ANY ANIMAL TO BE OVERDRIVEN, OVER-
 LOADED, TORTURED, BEATEN, OR UNJUSTIFIABLY INJURED, MAIMED, MUTILATED OR
 KILLED;
   (IV) CAUSES, PROCURES OR PERMITS ANY ANIMAL TO BE DEPRIVED  OF  NECES-
 SARY FOOD OR DRINK; OR
   (V) WILFULLY INSTIGATES, ENGAGES IN, OR IN ANY WAY FURTHERS ANY ACT OF
 CRUELTY TO ANY ANIMAL, OR ANY ACT TENDING TO PRODUCE SUCH CRUELTY.
   (B)  NOTHING  IN THIS SECTION 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

 S. 3867                             5
 
 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.
   OVERDRIVING, TORTURING OR  INJURING  ANIMALS  OR  FAILING  TO  PROVIDE
 SUSTENANCE TO AN ANIMAL IS A CLASS A MISDEMEANOR.
 § 280.15 AGGRAVATED CRUELTY TO ANIMALS.
   (A)  A  PERSON  IS  GUILTY OF AGGRAVATED CRUELTY TO ANIMALS WHEN HE OR
 SHE, WITH NO JUSTIFIABLE PURPOSE, INTENTIONALLY KILLS  OR  INTENTIONALLY
 CAUSES  SERIOUS  PHYSICAL  INJURY  TO A COMPANION ANIMAL WITH AGGRAVATED
 CRUELTY.  FOR PURPOSES OF THIS SECTION, "AGGRAVATED CRUELTY" SHALL  MEAN
 CONDUCT WHICH:
   (I) IS INTENDED TO CAUSE EXTREME PHYSICAL PAIN; OR
   (II)  IS  DONE  OR  CARRIED  OUT IN AN ESPECIALLY DEPRAVED OR SADISTIC
 MANNER.
   (B) NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED  TO  PROHIBIT
 OR  INTERFERE  IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING, TRAP-
 PING, OR FISHING, AS PROVIDED IN ARTICLE  ELEVEN  OF  THE  ENVIRONMENTAL
 CONSERVATION LAW; THE DISPATCH OF RABID OR DISEASED ANIMALS, AS PROVIDED
 IN  ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW; THE DISPATCH OF ANIMALS
 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 SUBDIVISION
 (B) OF SECTION 280.10 OF THIS ARTICLE.
   AGGRAVATED CRUELTY TO ANIMALS IS A CLASS D FELONY.
 § 280.20 FAILURE TO PROVIDE APPROPRIATE SHELTER FOR A DOG LEFT OUTDOORS.
   (A) A PERSON IS GUILTY OF FAILING TO PROVIDE APPROPRIATE SHELTER FOR A
 DOG LEFT OUTDOORS, AS DEFINED IN SUBDIVISION (J) OF  SECTION  280.00  OF
 THIS  ARTICLE,  WHEN  HE  OR  SHE KNOWINGLY FAILS TO PROVIDE APPROPRIATE
 SHELTER SPECIFIC TO THE BREED AND PHYSICAL CONDITION OF SUCH DOG AND THE
 CLIMATE OUTDOORS.
   (B) FOR PURPOSES OF THIS SECTION, MINIMUM  STANDARDS  FOR  DETERMINING
 WHETHER  SHELTER  IS APPROPRIATE TO THE BREED AND PHYSICAL CONDITION, AS
 DEFINED IN SUBDIVISION (H) OF SECTION 280.00 OF THIS  ARTICLE,  OF  SUCH
 DOG AND THE CLIMATE OUTDOORS SHALL INCLUDE:
   (I)  FOR  DOGS  THAT  ARE  RESTRAINED IN ANY MANNER OUTDOORS, SHADE BY
 NATURAL OR ARTIFICIAL MEANS TO PROTECT SUCH DOG FROM DIRECT SUNLIGHT  AT
 ALL  TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH OF
 SUCH DOG;
   (II) FOR ALL DOGS LEFT OUTDOORS IN INCLEMENT WEATHER, A HOUSING FACIL-
 ITY, WHICH MUST: (1) HAVE A WATERPROOF ROOF; (2) BE  STRUCTURALLY  SOUND
 WITH  INSULATION APPROPRIATE TO LOCAL CLIMATIC CONDITIONS AND SUFFICIENT
 TO PROTECT SUCH DOG FROM INCLEMENT WEATHER; (3) BE CONSTRUCTED TO  ALLOW
 EACH  DOG  ADEQUATE  FREEDOM OF MOVEMENT TO MAKE NORMAL POSTURAL ADJUST-
 MENTS, INCLUDING THE ABILITY TO STAND UP, TURN AROUND AND LIE DOWN  WITH
 ITS  LIMBS  OUTSTRETCHED;  AND (4) ALLOW FOR EFFECTIVE REMOVAL OF EXCRE-
 TIONS, OTHER WASTE MATERIAL INCLUDING  BUT  NOT  LIMITED  TO,  DIRT  AND
 TRASH.  SUCH  HOUSING  FACILITY  AND THE AREA IMMEDIATELY SURROUNDING IT

 S. 3867                             6
 
 SHALL BE REGULARLY CLEANED TO MAINTAIN A HEALTHY AND  SANITARY  ENVIRON-
 MENT AND TO MINIMIZE HEALTH HAZARDS.
   (C) 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 SUCH HOUSING FACILITY,  HEALTHFUL
 ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
 APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
   (D)  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT  ANY
 PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
 OF THIS ARTICLE.
   (E) NOTHING IN THIS SECTION SHALL PREVENT THE SEIZURE OF A DOG  FOR  A
 VIOLATION  OF  THIS SECTION PURSUANT TO THE AUTHORITY GRANTED UNDER THIS
 ARTICLE. 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.
   (F)  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 SUCH  SHEL-
 TER  INTO  COMPLIANCE WITH THE PROVISIONS OF THIS SECTION, SHALL CONSTI-
 TUTE A SEPARATE OFFENSE.
   FAILURE TO PROVIDE APPROPRIATE SHELTER FOR DOGS  LEFT  OUTDOORS  IS  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. THE COURT MAY, IN ITS DISCRETION, REDUCE
 THE AMOUNT OF ANY FINE IMPOSED FOR A VIOLATION OF THIS  SECTION  BY  THE
 AMOUNT  WHICH  THE  DEFENDANT PROVES HE OR SHE HAS SPENT PROVIDING A DOG
 SHELTER OR REPAIRING AN EXISTING DOG SHELTER TO COMPLY WITH THE REQUIRE-
 MENTS OF THIS SECTION.
 § 280.25 ELECTROCUTION OF FUR-BEARING ANIMALS.
   A PERSON IS GUILTY OF ELECTROCUTION OF FUR-BEARING ANIMALS WHEN HE  OR
 SHE,  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INTENTIONALLY KILLS OR
 STUNS A FUR-BEARING ANIMAL BY MEANS OF AN ELECTRICAL CURRENT.
   ELECTROCUTION OF FUR-BEARING ANIMALS IS A CLASS A MISDEMEANOR.
 § 280.30 CONFINEMENT OF A COMPANION ANIMAL IN A VEHICLE; EXTREME TEMPER-
            ATURES.
   (A) A PERSON IS GUILTY OF CONFINEMENT OF A COMPANION ANIMAL IN A VEHI-
 CLE IN EXTREME TEMPERATURES WHEN HE OR SHE CONFINES 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 SUCH COMPANION ANIMAL IN IMMINENT  DANGER  OF  DEATH  OR  SERIOUS
 PHYSICAL INJURY DUE TO EXPOSURE TO SUCH EXTREME HEAT OR COLD.
   (B)  IF  THE  OPERATOR  OF  SUCH VEHICLE CANNOT BE PROMPTLY LOCATED, A
 POLICE OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF  A
 DULY  INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE THE
 ANIMAL OR ANIMALS FROM SUCH VEHICLE.
   (I) 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.

 S. 3867                             7
 
   (II)  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.
   (III)  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.
   (C) NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
 OTHER   PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY  OTHER
 PROVISIONS OF THIS ARTICLE.
   CONFINEMENT OF A COMPANION ANIMAL IN A VEHICLE IN EXTREME TEMPERATURES
 IS 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.
 § 280.35 PARTICIPATION  IN  A  PROHIBITED PRACTICE AT A COMPANION ANIMAL
            GROOMING FACILITY.
   (A) A PERSON IS GUILTY OF PARTICIPATING IN A PROHIBITED PRACTICE AT  A
 COMPANION  ANIMAL  GROOMING  FACILITY,  AS DEFINED IN SUBDIVISION (M) OF
 SECTION 280.00 OF THIS ARTICLE, WHEN HE OR SHE USES A CAGE OR BOX DRYER,
 AS DEFINED IN SUBDIVISION (L) OF SECTION 280.00 OF THIS  SECTION,  WHICH
 CONTAINS  A  HEATING  ELEMENT WITH THE HEATING ELEMENT TURNED ON FOR THE
 PURPOSE OF DRYING OR AIDING IN THE DRYING OF A COMPANION ANIMAL.
   (B) NOTHING CONTAINED IN THIS SECTION  SHALL  LIMIT  OR  ABROGATE  ANY
 CLAIM  OR  CAUSE  OF  ACTION  ANY PERSON MAY HAVE UNDER COMMON LAW OR BY
 STATUTE. THE PROVISIONS OF THIS SECTION SHALL BE IN ADDITION TO ANY SUCH
 COMMON LAW AND STATUTORY REMEDIES.
   PARTICIPATION IN A PROHIBITED PRACTICE AT A COMPANION ANIMAL  GROOMING
 FACILITY  IS  A VIOLATION PUNISHABLE BY A CIVIL PENALTY OF NOT LESS THAN
 TWO HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED  DOLLARS  FOR  EACH
 VIOLATION.
 § 280.40 PIERCING AND TATTOOING OF A COMPANION ANIMAL.
   A PERSON IS GUILTY OF PIERCING OR TATTOOING OF A COMPANION ANIMAL WHEN
 HE OR SHE:
   (A)  PIERCES OR CAUSES TO HAVE PIERCED A COMPANION ANIMAL, UNLESS SUCH
 PIERCING PROVIDES A MEDICAL BENEFIT TO THE COMPANION ANIMAL WHEREAS SUCH
 PIERCING SHALL BE PERFORMED BY A  LICENSED  VETERINARIAN  OR  UNDER  THE
 SUPERVISION OF A LICENSED VETERINARIAN; OR
   (B) TATTOOS OR CAUSES TO HAVE TATTOOED A COMPANION ANIMAL, UNLESS SUCH
 TATTOO, AS DEFINED IN SUBDIVISION (N) OF SECTION 280.00 OF THIS ARTICLE:
   (I)  IS  DONE  IN  CONJUNCTION WITH A MEDICAL PROCEDURE PERFORMED BY A
 LICENSED VETERINARIAN OR UNDER THE SUPERVISION OF A LICENSED VETERINARI-
 AN FOR THE BENEFIT OF THE COMPANION ANIMAL AND  TO  INDICATE  THAT  SUCH
 MEDICAL  PROCEDURE  HAS  BEEN DONE, PROVIDED THAT SUCH TATTOO IS NOT FOR
 DESIGN PURPOSES; OR
   (II) IS DONE FOR THE PURPOSE OF IDENTIFICATION OF THE COMPANION ANIMAL
 AND NOT FOR DESIGN PURPOSES, AND SUCH TATTOO INCLUDES ONLY SUCH  NUMBERS
 AND/OR  LETTERS ALLOTTED BY A CORPORATION THAT, IN THE REGULAR COURSE OF
 ITS BUSINESS, MAINTAINS AN ANIMAL TATTOO IDENTIFICATION REGISTRY.
   PIERCING AND TATTOOING OF A COMPANION ANIMAL IS A VIOLATION.
 § 280.45 UNLAWFUL SALE OF BABY CHICKS AND BABY RABBITS.
   (A) A PERSON IS GUILTY OF UNLAWFUL SALE OF BABY CHICKS OR BABY RABBITS
 WHEN HE OR SHE:
   (I) SELLS, OFFERS FOR SALE, BARTERS OR GIVES AWAY LIVING BABY  CHICKS,
 DUCKLINGS  OR  OTHER FOWL OR BABY RABBITS, AS DEFINED IN SUBDIVISION (O)

 S. 3867                             8
 
 OF SECTION 280.00 OF THIS ARTICLE, UNLESS SUCH  PERSON  PROVIDES  PROPER
 BROODER  FACILITIES  APPROPRIATE FOR THE CARE OF SUCH BABY CHICKS, DUCK-
 LINGS OR OTHER FOWL OR BABY RABBITS DURING THE  TIME  THEY  ARE  IN  THE
 POSSESSION OF SUCH PERSON;
   (II)  SELLS,  OFFERS FOR SALE, BARTERS OR DISPLAYS 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; OR
   (III) SELLS, OFFERS FOR  SALE,  BARTERS  OR  GIVES  AWAY  LIVING  BABY
 CHICKS,  DUCKLINGS OR OTHER FOWL OR BABY RABBITS UNDER TWO MONTHS OF AGE
 IN ANY QUANTITY LESS THAN SIX.
   (B) NOTHING UNDER THIS SECTION SHALL  BE  INTERPRETED  OR  APPLIED  TO
 PREVENT  OR  RESTRICT  TEACHERS AND QUALIFIED INSTRUCTORS OF YOUTH UNDER
 THE GUIDANCE AND SUPERVISION OF THE NEW YORK STATE COOPERATIVE EXTENSION
 SERVICE FROM USING EGGS FOR  NON-PROFIT  EDUCATIONAL  PURPOSES  OR  FROM
 OBSERVING  FOWL  HATCHED  FROM  SUCH  EGGS  FOR  NON-PROFIT  EDUCATIONAL
 PURPOSES.
   UNLAWFUL SALE OF BABY CHICKS AND BABY RABBITS IS A CLASS  A  MISDEMEA-
 NOR.
 § 280.50 ABANDONMENT OF AN ANIMAL.
   A  PERSON  IS GUILTY OF ABANDONMENT OF AN ANIMAL WHEN HE OR SHE, BEING
 THE OWNER OR POSSESSOR, OR HAVING CHARGE OR CUSTODY OF AN ANIMAL,  ABAN-
 DONS 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.
   ABANDONMENT OF AN ANIMAL IS A CLASS A MISDEMEANOR.
 § 280.55 FAILURE TO PROVIDE PROPER FOOD AND DRINK TO IMPOUNDED ANIMALS.
   (A)  A  PERSON  IS  GUILTY OF FAILURE PROVIDE PROPER FOOD AND DRINK TO
 IMPOUNDED ANIMALS WHEN HE OR  SHE,  HAVING  IMPOUNDED  OR  CONFINED  ANY
 ANIMAL, REFUSES OR NEGLECTS TO SUPPLY TO SUCH ANIMAL DURING ITS CONFINE-
 MENT  A  SUFFICIENT  SUPPLY OF GOOD AND WHOLESOME AIR, FOOD, SHELTER AND
 WATER.
   (B) IF ANY ANIMAL SHALL BE IMPOUNDED PURSUANT TO  SUBDIVISION  (A)  OF
 THIS  SECTION, 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 SUCH IMPOUND AND SUPPLY SUCH ANIMAL  WITH  NECESSARY
 FOOD  AND  WATER,  SO  LONG  AS IT SHALL REMAIN SO CONFINED; SUCH PERSON
 SHALL NOT BE LIABLE TO ANY ACTION FOR SUCH  ENTRY,  AND  THE  REASONABLE
 COST  OF  SUCH  FOOD  AND WATER MAY BE COLLECTED BY SUCH PERSON FROM THE
 OWNER OF SUCH ANIMAL, AND SUCH ANIMAL SHALL NOT BE EXEMPT FROM LEVY  AND
 SALE UPON EXECUTION ISSUED UPON A JUDGMENT THEREFOR.
   FAILURE  TO  PROVIDE  PROPER  FOOD AND DRINK TO IMPOUNDED ANIMALS IS A
 CLASS A MISDEMEANOR.
 § 280.60 CARRYING AN ANIMAL IN A CRUEL MANNER.
   A PERSON IS GUILTY OF CARRYING AN ANIMAL IN A CRUEL MANNER WHEN:
   (A) HE OR SHE 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; OR
   (B) 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
 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-

 S. 3867                             9
 
 ING, DURING FIVE CONSECUTIVE HOURS, UNLESS PREVENTED BY STORM OR  INEVI-
 TABLE ACCIDENT.
   (I)  THE  CONSENT  WHICH  WILL  EXTEND THE PERIOD FROM TWENTY-EIGHT TO
 THIRTY-SIX HOURS SHALL BE GIVEN BY THE OWNER, OR BY THE PERSON IN CUSTO-
 DY OF A PARTICULAR SHIPMENT, BY WRITING  SEPARATE  AND  APART  FROM  ANY
 PRINTED BILL OF LADING OR OTHER RAILROAD FORM.
   (II) 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.
   CARRYING AN ANIMAL IN A CRUEL MANNER IS A CLASS A MISDEMEANOR.
 § 280.65 POISONING OR ATTEMPTING TO POISON ANIMALS IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF POISONING OR ATTEMPTING TO POISON ANIMALS IN THE
 FIRST DEGREE WHEN HE OR SHE:
   (A)  UNJUSTIFIABLY  ADMINISTERS  ANY  POISONOUS  OR  NOXIOUS  DRUG  OR
 SUBSTANCE TO A HORSE, MULE OR DOMESTIC CATTLE; OR
   (B) UNJUSTIFIABLY EXPOSES ANY SUCH DRUG OR SUBSTANCE WITH INTENT  THAT
 THE  SAME SHALL BE TAKEN BY A HORSE, MULE OR BY DOMESTIC CATTLE, WHETHER
 SUCH HORSE, MULE OR DOMESTIC CATTLE IS THE PROPERTY OF  SUCH  PERSON  OR
 ANOTHER.
   POISONING  OR  ATTEMPTING  TO  POISON ANIMALS IN THE FIRST DEGREE IS A
 CLASS E FELONY.
 § 280.66 POISONING OR ATTEMPTING TO POISON ANIMALS IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF POISONING OR ATTEMPTING TO POISON ANIMALS IN THE
 SECOND DEGREE WHEN HE OR SHE:
   (A)  UNJUSTIFIABLY  ADMINISTERS  ANY  POISONOUS  OR  NOXIOUS  DRUG  OR
 SUBSTANCE TO AN ANIMAL, OTHER THAN A HORSE, MULE OR DOMESTIC CATTLE; OR
   (B)  UNJUSTIFIABLY EXPOSES ANY SUCH DRUG OR SUBSTANCE WITH INTENT THAT
 THE SAME SHALL BE TAKEN BY AN ANIMAL OTHER THAN A HORSE, MULE OR  DOMES-
 TIC CATTLE, WHETHER SUCH ANIMAL IS THE PROPERTY OF SUCH PERSON OR ANOTH-
 ER.
   POISONING  OR  ATTEMPTING  TO POISON ANIMALS IN THE SECOND DEGREE IS A
 CLASS A MISDEMEANOR.
 § 280.70 INTERFERENCE WITH OR INJURY TO CERTAIN DOMESTIC ANIMALS.
   A PERSON IS GUILTY OF INTERFERENCE WITH OR INJURY TO CERTAIN  DOMESTIC
 ANIMALS  WHEN  HE  OR  SHE  WILLFULLY  OR UNJUSTIFIABLY INTERFERES WITH,
 INJURES, DESTROYS OR TAMPERS WITH OR WHO WILLFULLY PERMITS,  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 IS THE PROPERTY  OF  SUCH  PERSON  OR
 ANOTHER.
   INTERFERENCE  WITH  OR INJURY TO CERTAIN DOMESTIC ANIMALS IS A CLASS E
 FELONY.
 § 280.75 THROWING A SUBSTANCE INJURIOUS TO ANIMALS IN A PUBLIC PLACE.
   A PERSON IS GUILTY OF THROWING A SUBSTANCE INJURIOUS TO ANIMALS  IN  A
 PUBLIC PLACE WHEN HE OR SHE WILLFULLY 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.
   THROWING A SUBSTANCE INJURIOUS TO ANIMALS IN A PUBLIC PLACE IS A CLASS
 A MISDEMEANOR.
 § 280.80 UNAUTHORIZED POSSESSION OF DOGS; PRESUMPTIVE EVIDENCE OF LARCE-
            NY.

 S. 3867                            10
 
   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 OF SUCH POSSESSION, SHALL BE PRESUMPTIVE EVIDENCE OF LARCE-
 NY.
 § 280.85 RUNNING HORSES ON A HIGHWAY.
   A  PERSON  IS  GUILTY OF RUNNING HORSES ON A HIGHWAY WHEN HE OR SHE IS
 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.
   RUNNING HORSES ON A HIGHWAY IS A CLASS A MISDEMEANOR.
 § 280.90 CLIPPING OR CUTTING THE EARS OF A DOG.
   (A)  A  PERSON IS GUILTY OF CLIPPING OR CUTTING THE EARS OF A DOG WHEN
 HE OR SHE 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  ANAESTHETIC
 SHALL  HAVE  BEEN  GIVEN  TO THE DOG AND THE OPERATION IS PERFORMED BY A
 LICENSED VETERINARIAN.
   (B) 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.
   (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PREVENTING  ANY  DOG
 WHOSE EAR OR EARS HAVE BEEN CLIPPED OR CUT OFF WHOLLY OR IN PART, NOT IN
 VIOLATION OF THIS SECTION, FROM BEING IMPORTED INTO THE STATE EXCLUSIVE-
 LY FOR BREEDING PURPOSES.
   CLIPPING OR CUTTING THE EARS OF A DOG IS A CLASS A MISDEMEANOR.
 § 280.95 STEALING A COMPANION ANIMAL.
   A PERSON IS GUILTY OF STEALING A COMPANION ANIMAL WHEN HE OR SHE:
   (A)  REMOVES OR CAUSES 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 COMPANION ANIMAL, AS DEFINED IN SUBDIVISION (E) OF
 SECTION 280.00 OF THIS ARTICLE;
   (B)  ENTICES  ANY  IDENTIFIED  DOG, CAT OR OTHER SUCH COMPANION 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 PERMIS-
 SION;
   (C) ENTICES, SEIZES OR MOLESTS ANY COMPANION ANIMAL, 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; OR
   (D)  TRANSPORTS  ANY  COMPANION  ANIMAL,  NOT  LAWFULLY  IN HIS OR HER
 POSSESSION, FOR THE PURPOSE OF KILLING OR SELLING SUCH COMPANION ANIMAL.
   STEALING A COMPANION ANIMAL IS A CLASS A MISDEMEANOR.
 § 280.100 REMOVING, SEIZING OR TRANSPORTING A DOG FOR RESEARCH PURPOSES.
   A PERSON IS GUILTY OF REMOVING, SEIZING  OR  TRANSPORTING  A  DOG  FOR
 RESEARCH PURPOSES WHEN HE OR SHE REMOVES, SEIZES OR TRANSPORTS OR CAUSES
 TO REMOVE, SEIZE OR TRANSPORT 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 WRIT-
 TEN PERMISSION OF THE OWNER OR LICENSEE.
   REMOVING, SEIZING OR TRANSPORTING A DOG FOR  RESEARCH  PURPOSES  IS  A
 CLASS A MISDEMEANOR.
 § 280.105 UNLAWFULLY OPERATING UPON THE TAILS OF HORSES.
   (A) A PERSON IS GUILTY OF UNLAWFULLY OPERATING UPON THE TAILS OF HORS-
 ES WHEN HE OR SHE:

 S. 3867                            11
 
   (I)  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 OTHERWISE ALTER-
 ING THE NATURAL CARRIAGE OF THE TAIL, OR WHO KNOWINGLY PERMITS 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; OR
   (II)  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 PURSUANT TO SUBDIVISION (A) OF THIS SECTION.
   (1)  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
 THE  TAIL  OF  SUCH HORSE WAS SO CUT IN A STATE WHEREIN SUCH CUTTING WAS
 NOT THEN SPECIFICALLY PROHIBITED BY THE LAWS THEREOF.
   (2) SUCH AFFIDAVIT SHALL, TO THE  BEST  OF  THE  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 IT WAS PERFORMED.
   (3) 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  REPRESEN-
 TATIVE OF THE COMMISSIONER OF AGRICULTURE AND MARKETS.
   (4) IN LIEU OF FURNISHING SUCH AFFIDAVIT TO THE MANAGER OR OTHER OFFI-
 CIAL  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.
   (B)  IF A HORSE IS FOUND WITH THE BONE, TISSUES, MUSCLES OR TENDONS OF
 ITS TAIL CUT AS DESCRIBED IN SUBDIVISION (A) OF THIS SECTION,  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.
   UNLAWFULLY OPERATING UPON THE TAILS OF HORSES IS A CLASS  A  MISDEMEA-
 NOR.
 § 280.110 EVIDENTIARY  AND  IMPOUNDMENT  PROCEDURES  BY  MEMBERS  OF LAW
             ENFORCEMENT.
   MATTERS RELATING TO  THE  SEIZURE,  ADOPTION,  CARE,  DISPOSITION  AND
 DESTRUCTION  OF  ANIMALS  BY MEMBERS OF LAW ENFORCEMENT AND MEMBERS OF A
 DULY INCORPORATED SOCIETY FOR  THE  PREVENTION  OF  CRUELTY  TO  ANIMALS
 CHARGED  TO  ENFORCE THIS ARTICLE, ANCILLARY TO SUCH ENFORCEMENT OF THIS
 ARTICLE, SHALL BE GOVERNED BY ARTICLE TWENTY-SIX OF THE AGRICULTURE  AND
 MARKETS  LAW  AND  ARTICLE  SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE
 LAW.
 § 280.115 DISPOSITION OF ANIMALS  THROUGH  FORFEITURE  PROCEDURES  AFTER
             CONVICTION.
   (A)  IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, UPON CONVICTION
 FOR ANY VIOLATION OF SECTION 280.05,  280.06,  280.07,  280.10,  280.15,
 280.20,  280.50,  280.55,  280.60, 280.65, 280.66, 280.75, OR 280.105 OF
 THIS ARTICLE, THE CONVICTED PERSON MAY, AFTER A DULY HELD HEARING PURSU-
 ANT TO SUBDIVISION (F) OF THIS SECTION,  BE  ORDERED  BY  THE  COURT  TO

 S. 3867                            12
 
 FORFEIT, TO A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO
 ANIMALS OR A DULY INCORPORATED HUMANE SOCIETY OR AUTHORIZED AGENTS THER-
 EOF,  THE ANIMAL OR ANIMALS WHICH ARE THE BASIS OF SUCH CONVICTION. UPON
 SUCH  AN  ORDER  OF  FORFEITURE, THE CONVICTED PERSON SHALL BE DEEMED TO
 HAVE RELINQUISHED ALL RIGHTS TO THE ANIMALS WHICH ARE THE BASIS OF  SUCH
 CONVICTION, EXCEPT THOSE GRANTED IN SUBDIVISION (D) OF THIS SECTION.
   (B)  NO  ANIMAL  IN THE CUSTODY OF A DULY INCORPORATED SOCIETY FOR THE
 PREVENTION OF CRUELTY TO ANIMALS, A DULY  INCORPORATED  HUMANE  SOCIETY,
 DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, POUND OR ITS AUTHORIZED
 AGENTS  THEREOF,  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, DULY
 INCORPORATED ANIMAL PROTECTIVE ASSOCIATION OR POUND 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 SECTION 280.45 OF THIS ARTI-
 CLE AND SECTION THREE HUNDRED FIFTY-SEVEN OF THE AGRICULTURE AND MARKETS
 LAW, ORDER THE FARM ANIMALS WHICH WERE THE BASIS OF SUCH  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 HOUSEHOLD  WHO
 CONSPIRED,  AIDED  OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE BASIS OF
 SUCH CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE  UNLAWFUL  ACT.
 THE  COURT  SHALL REIMBURSE THE CONVICTED PERSON AND ANY DULY DETERMINED
 INTERESTED PERSONS, PURSUANT TO SUBDIVISION (F)  OF  THIS  SECTION,  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 SUBDIVISION (E) OF THIS SECTION.
   (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  SUBDIVISION  (A)  OF  THIS  SECTION MAY, IN ITS
 DISCRETION, LAWFULLY AND WITHOUT LIABILITY, ADOPT  THEM  TO  INDIVIDUALS
 OTHER THAN THE CONVICTED PERSON OR PERSON DWELLING IN THE SAME HOUSEHOLD
 WHO  CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE BASIS
 OF SUCH CONVICTION, OR WHO KNEW OR SHOULD HAVE  KNOWN  OF  THE  UNLAWFUL
 ACT,  OR  HUMANELY EUTHANIZE THEM ACCORDING TO THE PROVISIONS OF SECTION
 THREE HUNDRED SEVENTY-FOUR OF THE AGRICULTURE AND MARKETS LAW.
   (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-

 S. 3867                            13
 
 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 SUCH FARM
 ANIMALS.
   (II) ALL INTERESTED PERSONS SHALL BE PROVIDED AN  OPPORTUNITY  AT  THE
 HEARING TO REDEEM THEIR INTEREST AS DETERMINED BY THE COURT IN SUCH 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 SUBDIVISION (D) OF THIS SECTION.  IN  NO  CASE
 SHALL  THE  COURT  AWARD CUSTODY OR CONTROL OF THE ANIMALS TO ANY INTER-
 ESTED PERSON WHO CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL  ACT  WHICH
 WAS  THE  BASIS  OF SUCH CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF
 SUCH 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.
 § 280.120 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 280.125 OF THIS ARTICLE WILL BE MADE.
 § 280.125 DISPOSITION  OF  ANIMALS  OR  IMPLEMENTS  USED IN FIGHTS AMONG
             ANIMALS.
   AN OFFICER, AFTER TAKING POSSESSION OF SUCH ANIMALS, OR IMPLEMENTS, OR
 OTHER PROPERTY, PURSUANT TO SECTION 280.120 OF THIS ARTICLE, SHALL APPLY
 TO THE MAGISTRATE BEFORE WHICH THE COMPLAINT WAS MADE AGAINST THE OFFEN-
 DER VIOLATING SUCH PROVISION OF LAW, FOR THE ORDER DESCRIBED HEREIN, 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 ESTABLISH  THE
 TRUTH  THEREOF  UPON  THE  TRIAL  OF SUCH OFFENDER. HE OR SHE SHALL THEN
 DELIVER SUCH ANIMALS, IMPLEMENTS, OR OTHER PROPERTY, TO SUCH MAGISTRATE,
 WHO SHALL THEREUPON, BY ORDER IN WRITING, PLACE THE SAME IN THE  CUSTODY
 OF AN OFFICER OR OTHER PROPER PERSON NAMED AND DESIGNATED IN SUCH ORDER,
 TO BE 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 NAMED AND DESIGNATED  IN  SUCH  ORDER,
 SHALL  IMMEDIATELY  THEREUPON ASSUME SUCH CUSTODY, AND SHALL RETAIN SUCH
 FOR THE PURPOSE OF EVIDENCE UPON SUCH TRIAL, SUBJECT TO THE ORDER OF THE

 S. 3867                            14
 
 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  OFFENDER,  SUCH  COURT SHALL, ON DEMAND,
 DIRECT THE DELIVERY OF THE PROPERTY HELD IN CUSTODY TO THE OWNER  THERE-
 OF.
   § 4. 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] (E)
 of section [three hundred fifty of this chapter]  280.00  OF  THE  PENAL
 LAW,  farm animal as defined in subdivision [four] (D) of section [three
 hundred fifty of this chapter] 280.00  OF  THE  PENAL  LAW  or  domestic
 animal  as defined in subdivision seven of this section and causes phys-
 ical injury or death, or (ii) behaves in a  manner  which  a  reasonable
 person  would believe poses a serious and unjustified imminent threat of
 serious physical 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.
   § 5. Subdivision 1 and 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, are amended to read as follows:
   1. Any person who witnesses an attack or threatened attack, or in  the
 case  of  a  minor,  an adult acting on behalf of such minor, may make a
 complaint of an attack or threatened attack  upon  a  person,  companion
 animal  as defined in SUBDIVISION (E) OF section [three hundred fifty of
 this chapter] 280.00 OF THE PENAL LAW, farm animal as defined in  [such]
 SUBDIVISION  (D)  OF  section  [three hundred fifty] 280.00 OF THE PENAL
 LAW, or a domestic animal as defined in subdivision seven of section one
 hundred eight of this article to a dog control officer or police officer
 of the appropriate municipality. Such officer shall  immediately  inform
 the complainant of his or her right to commence a proceeding as provided
 in  subdivision  two  of this section and, if there is reason to believe
 the dog is a dangerous dog, the officer shall  forthwith  commence  such
 proceeding himself or herself.
   (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] 280.00 OF THE PENAL LAW.   Such confinement  shall  not
 include lengthy periods of tying or chaining;
   §  6.  Section  332  of the agriculture and markets law, as amended by
 chapter 449 of the laws of 2010, is amended to read as follows:
   § 332. Disposition. Any person having in his or her care, custody,  or
 control  any abandoned animal, as defined in section three hundred thir-
 ty-one of this article, may deliver such animal to any duly incorporated
 society for the prevention of cruelty to animals or  any  duly  incorpo-
 rated  humane society having facilities for the care and eventual dispo-
 sition of such animals, or, in the case of dogs, cats  and  other  small
 animals,  to any pound maintained by or under contract or agreement with
 any county, city, town, or village within which such  animal  was  aban-
 doned.  The person with whom the animal was abandoned shall, however, on

 S. 3867                            15

 the day of divesting himself or herself of  possession  thereof,  notify
 the  person who had placed such animal in his or her custody of the name
 and address of the animal society or pound to which the animal has  been
 delivered,  such  notice  to  be by registered letter mailed to the last
 known address of the person intended to be so notified. If an animal  is
 not  claimed  by  its owner within five days after being so delivered to
 such duly incorporated society for the prevention of cruelty to animals,
 duly incorporated humane society or pound, such animal may at  any  time
 thereafter  be  placed for adoption in a suitable home [or euthanized in
 accordance with the provisions of section three hundred seventy-four  of
 this  chapter].  In  no event, however, shall the use of a decompression
 chamber or decompression device of any kind be used for the  purpose  of
 destroying or disposing of such animal.
   §  7.  Paragraph  a of subdivision 6 of section 373 of the agriculture
 and markets law, as amended by chapter 289  of  the  laws  of  2018,  is
 amended to read as follows:
   a. If any animal is seized and impounded pursuant to the provisions of
 this  section,  section  [three  hundred  fifty-three-d of this article]
 280.30 OF THE PENAL LAW or section three hundred  seventy-five  of  this
 article  for any violation of this article, upon arraignment of charges,
 or within a reasonable time thereafter, the  duly  incorporated  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 organization", may file
 a petition with the court in which  criminal  charges  have  been  filed
 requesting that the person from whom an animal is seized or the owner of
 the  animal  be ordered to post a security. The district attorney prose-
 cuting the charges may file and obtain the requested relief on behalf of
 the impounding organization if requested to  do  so  by  the  impounding
 organization.  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.
   §  8.  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]
 280.10 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

 S. 3867                            16
 
 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] 280.10 OF THE PENAL law.
   §  9.  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] (E) of section  [three  hundred  fifty  of  the  agriculture  and
 markets] 280.00 OF THE PENAL law.
   §  10.  Paragraph  2  of  subdivision (h) of section 446 of the family
 court act, as amended by chapter 526 of the laws of 2013, is amended  to
 read as follows:
   2.  "Companion  animal",  as used in this section, shall have the same
 meaning as in subdivision [five] (E) of section [three hundred fifty  of
 the agriculture and markets] 280.00 OF THE PENAL law;
   §  11.  Paragraph  2  of  subdivision (i) of section 551 of the family
 court act, as amended by chapter 526 of the laws of 2013, is amended  to
 read as follows:
   2.  "Companion  animal",  as used in this section, shall have the same
 meaning as in subdivision [five] (E) of section [three hundred fifty  of
 the agriculture and markets] 280.00 OF THE PENAL law;
   §  12.  Paragraph  2  of  subdivision (i) of section 656 of the family
 court act, as amended by chapter 526 of the laws of 2013, is amended  to
 read as follows:
   2.  "Companion  animal",  as used in this section, shall have the same
 meaning as in subdivision [five] (E) of section [three hundred fifty  of
 the agriculture and markets] 280.00 OF THE PENAL law;
   §  13.  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:
   2.  "Companion  animal",  as used in this section, shall have the same
 meaning as in subdivision [five] (E) of section [three hundred fifty  of
 the agriculture and markets] 280.00 OF THE PENAL law;
   §  14.  Paragraph  2  of  subdivision (i) of section 842 of the family
 court act, as amended by chapter 526 of the laws of 2013, is amended  to
 read as follows:
   2.  "Companion  animal",  as used in this section, shall have the same
 meaning as in subdivision [five] (E) of section [three hundred fifty  of
 the agriculture and markets] 280.00 OF THE PENAL law;
   § 15. Subparagraph 2 of paragraph (g) of subdivision 1 of section 1056
 of  the family court act, as amended by chapter 526 of the laws of 2013,
 is amended to read as follows:

 S. 3867                            17
 
   2. "Companion animal", as used in this section, shall  have  the  same
 meaning  as in subdivision [five] (E) of section [three hundred fifty of
 the agriculture and markets] 280.00 OF THE PENAL law;
   §  16.  Clause (B) of subparagraph 6 of paragraph (a) of subdivision 1
 of section 530.12 of the criminal procedure law, as amended  by  chapter
 526 of the laws of 2013, is amended to read as follows:
   (B)  "Companion  animal", as used in this section, shall have the same
 meaning as in subdivision [five] (E) of section [three hundred fifty  of
 the agriculture and markets] 280.00 OF THE PENAL law;
   §  17.  Subparagraph  2 of paragraph (c) of subdivision 1 and subpara-
 graph 2 of paragraph (c) of subdivision 4 of section 530.13 of the crim-
 inal 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] (E) of section [three hundred fifty  of
 the agriculture and markets] 280.00 OF THE PENAL law.
   2.  "Companion  animal",  as used in this section, shall have the same
 meaning as in subdivision [five] (E) of section [three hundred fifty  of
 the agriculture and markets] 280.00 OF THE PENAL law.
   § 18. Paragraph (v) of subdivision 8 of section 700.05 of the criminal
 procedure law, as added by chapter 91 of the laws of 2017, is amended to
 read as follows:
   (v)  Any  of the acts designated as felonies in section [three hundred
 fifty-one of the agriculture and markets] 280.05 OF THE PENAL law.
   § 19. 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]  280.00  OF
 THE  PENAL  law.  Wild animal includes, and is limited to, any or all of
 the following orders and families:
   § 20. Paragraph (b) of subdivision 1 of section 1264-a of  the  public
 authorities law, as added by chapter 378 of the laws of 2017, is amended
 to read as follows:
   (b)  "Domestic  companion  animal"  means a companion animal or pet as
 defined in SUBDIVISION (E) OF section [three hundred fifty of the  agri-
 culture  and  markets]  280.00  OF THE PENAL law 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 SUBDIVISION (D) OF section [three hundred fifty of the agri-
 culture and markets] 280.00 OF THE PENAL law.
   § 21. Subdivision a of section 17-1601 of the administrative  code  of
 the  city of New York, as added by local law number 4 of the city of New
 York for the year 2014, is amended to read as follows:
   a. "Animal abuse crime" shall mean any of the following:
   1. animal fighting, as defined in [section three hundred fifty-one  of
 the  agriculture and markets] SECTIONS 280.05, 280.06, AND 280.07 OF THE
 PENAL law;
   2. overdriving, torturing or  injuring  animals;  failure  to  provide
 proper  sustenance,  as defined in section [three hundred fifty-three of
 the agriculture and markets] 280.10 OF THE PENAL law;
   3. aggravated cruelty to animals, as defined in section [three hundred
 fifty-three-a of the agriculture and markets] 280.15 OF THE PENAL law;

 S. 3867                            18
 
   4. electrocution of fur-bearing animals, as defined in section  [three
 hundred  fifty-three-c  of  the  agriculture  and markets] 280.25 OF THE
 PENAL law;
   5.  abandonment  of  animals,  as  defined  in  section [three hundred
 fifty-five of the agriculture and markets]  280.50 OF THE PENAL law;
   6. failure to provide proper food and drink to an impounded animal, as
 defined in section [three  hundred  fifty-six  of  the  agriculture  and
 markets] 280.55 OF THE PENAL law;
   7.  poisoning  or attempting to poison animals, as defined in [section
 three hundred sixty of the agriculture and markets] SECTIONS 280.65  AND
 280.66 OF THE PENAL law;
   8. interference with or injury to certain domestic animals, as defined
 in  section  [three  hundred  sixty-one  of the agriculture and markets]
 280.70 OF THE PENAL law;
   9. harming a service animal in the first degree, as defined in section
 242.15 of the penal [code] LAW; or
   10. an offense in any other jurisdiction which  includes  all  of  the
 essential elements of any such crime provided for in paragraph one, two,
 three, four, five, six, seven, eight, or nine of this subdivision.
   §  22.  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 law] 280.05, 280.06, 280.07,  280.10,
 280.15,  280.20, 280.25, 280.30, 280.35, 280.40, 280.45, 280.50, 280.55,
 280.60, 280.65, 280.66, 280.70 OR 280.75 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.
   § 23. This act shall take effect immediately.