S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2881
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2023
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  requir-
   ing  property  owners and lessors of certain properties that have been
   vacated to inspect such property for abandoned animals

   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, THE PROPERTY OWNER OR LESSOR
 OF 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,  OR  SUCH  PROPERTY  OWNER  OR  LESSOR'S
 DESIGNEE,  SHALL,  NOT  MORE THAN THREE DAYS AFTER A PROPERTY OWNER OR A
 LESSOR KNEW OR SHOULD HAVE KNOWN  THAT  A  PROPERTY  HAS  BEEN  VACATED,
 INSPECT THE PROPERTY FOR THE PRESENCE OF ABANDONED ANIMALS. IF THE PROP-
 ERTY OWNER, LESSOR, OR DESIGNEE ENCOUNTERS AN ANIMAL WHICH APPEARS TO BE
 ABANDONED  ON SUCH PROPERTY, SUCH OWNER, LESSOR, OR DESIGNEE SHALL IMME-
 DIATELY NOTIFY THE DOG CONTROL OFFICER, 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  PROVID-
 ING  NECESSARY CARE FOR SUCH ANIMAL AT THE PROPERTY UNTIL THE ANIMAL CAN
 BE RETRIEVED. THE PROPERTY OWNER, LESSOR, OR DESIGNEE WHO ENCOUNTERS  AN
 ABANDONED  ANIMAL  PURSUANT  TO  THIS  PARAGRAPH SHALL NOT BE DEEMED THE
 OWNER, POSSESSOR OR PERSON HAVING CHARGE OR CUSTODY OF THE ANIMAL.
   B. A PROPERTY OWNER OR LESSOR, OR  SUCH  PROPERTY  OWNER  OR  LESSOR'S
 DESIGNEE,  WHO  FAILS  TO COMPLY WITH THE REQUIREMENTS OF PARAGRAPH A OF
 THIS SUBDIVISION SHALL BE SUBJECT TO A CIVIL PENALTY OF  NOT  MORE  THAN
 FIVE  HUNDRED DOLLARS FOR A FIRST OFFENSE AND NOT MORE THAN ONE THOUSAND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05017-01-3
              

 A. 2881                             2
 
 DOLLARS FOR A SECOND OFFENSE AND  EACH  SUBSEQUENT  OFFENSE  THEREAFTER.
 FUNDS COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE DEPOSITED INTO THE
 ANIMAL  POPULATION  CONTROL FUND ESTABLISHED PURSUANT TO SECTION NINETY-
 SEVEN-XX OF THE STATE FINANCE LAW.
   C.  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
 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.
   § 2. This act shall take effect immediately.