§ 374. Humane destruction or other disposition of animals lost,
strayed, homeless, abandoned or improperly confined or kept. 1. Any
agent or officer of any duly incorporated humane society, a duly
incorporated society for the prevention of cruelty to animals, any dog
control officer, or any police officer, may lawfully cause to be
humanely destroyed (by means provided for in paragraph a of subdivision
three of this section) any animal found abandoned and not properly cared
for, or any lost, strayed, homeless or unwanted animal, if upon
examination a licensed veterinarian shall certify in writing, or if two
reputable citizens called upon by such agent, officer or police officer
to view the same in his or her presence find that the animal is so
maimed, diseased, disabled, or infirm so as to be unfit for any useful
purpose and that humane euthanasia is warranted; or after such agent,
officer or police 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 certification, a duly
incorporated humane society, a duly incorporated society for the
prevention of cruelty to animals, or any pound maintained by or under
contract or agreement with any county, city, town or village may after
five days make available for adoption or have humanely destroyed in
accordance with the provisions of this section and subject to
subdivisions six, eight and nine of section one hundred seventeen of
this chapter, any animal of which possession is taken as provided for in
the preceding section, unless the same is earlier redeemed by its owner.
Notwithstanding the redemption periods set forth above in this
subdivision, any municipality may establish the duration of such periods
by local law or ordinance for any cat whose owner cannot be identified
by a collar, tag, microchip, tattoo or other identifying mark, provided
that no such period shall be less than three days, and provided further
that such cat be made available solely for the purposes of adoption and
released to an adoptive owner following an examination by a
duly-licensed veterinarian, the details of which shall be provided to
the adoptive owner.

3. a. Except as provided in subdivision four of this section,
euthanasia of animals pursuant to this section shall be accomplished
solely by means of injection of sodium pentobarbital or sodium
pentobarbital solution administered by a certified euthanasia
technician, a licensed veterinarian or a licensed veterinary technician.
Euthanasia by intracardiac injection of sodium pentobarbital or sodium
pentobarbital solution shall be performed only upon animals that are
heavily sedated, anesthetized, or comatose. However, only a licensed
veterinarian may perform euthanasia by intracardiac injection of sodium
pentobarbital or sodium pentobarbital solution upon animals that are not
heavily sedated, anesthetized or comatose and only when such licensed
veterinarian determines that such intracardiac injection is the most
humane option available. Whenever a cardiac injection of sodium
pentobarbital or sodium pentobarbital solution is administered by a
licensed veterinarian upon an animal that is not heavily sedated,
anesthetized or comatose, such veterinarian must document, in writing,
the administration of such injection and the reason for its
administration. Such documentation shall be retained for at least three
years. Under no circumstances shall intracardiac injection be performed
on animals that are not heavily sedated, anesthetized or comatose where
such animals are under the care of any duly incorporated society for the
prevention of cruelty to animals, animal shelter, humane society or
pound.

b. No animal shall be left unattended between the time that the
euthanasia procedure begins and the time when death is confirmed. The
body of a euthanized animal shall not be disposed of in any manner until
death is confirmed by a licensed veterinarian, a certified euthanasia
technician or a licensed veterinary technician. Violations of this
paragraph shall be punishable by a civil penalty of not more than five
hundred dollars.

The department of health shall promulgate regulations deemed necessary
for implementation of the provisions of this subdivision, including
regulations governing the training and certification of certified
euthanasia technicians.

4. a. Any method of euthanasia other than that provided for in
subdivision three of this section is prohibited except that euthanasia
of an animal by gunshot is permissible as an emergency measure for an
animal that is posing an imminent threat of serious physical injury to a
person or to another animal as provided in section one hundred
twenty-one-a of this chapter and where the use of a humane method of
euthanasia prescribed in this section is rendered impossible or where a
severely injured animal is suffering and cannot otherwise be aided.

b. Within ninety days of the effective date of this subdivision, any
chamber used to induce hypoxia by means of a lethal gas shall be
dismantled, rendered inoperable and beyond repair, and removed from the
premises. Violations of this paragraph shall be punishable by a civil
penalty of not more than five hundred dollars.

5. 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 officer, peace
officer or any agent thereof, for any purpose except adoption or
redemption by its owner, provided, however, that after the time for
redemption has expired, release may be made to another such pound, duly
incorporated society for the prevention of cruelty to animals, duly
incorporated humane society or duly incorporated animal protective
association for the sole purpose of placing such animal in an adoptive
home when such action is reasonably believed to improve the opportunity
for adoption. Notwithstanding the penalties set forth in paragraph b of
subdivision three of this section and paragraph b of subdivision four of
this section, any violation of this subdivision, subdivision two, three
or four 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.

6. In lieu of such destruction, redemption or other disposition
pursuant to this section, such pound, shelter, or 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.

7. 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
magistrate, as may have been reasonably expended by such society in
connection with the care and maintenance thereof.

8. a. In addition to any other penalty provided by law, upon
conviction for any violation of section three hundred fifty-one, three
hundred fifty-three, three hundred fifty-three-a, three hundred
fifty-three-b, three hundred fifty-five, three hundred fifty-six, three
hundred fifty-nine, three hundred sixty, three hundred sixty-one, three
hundred sixty-five or three hundred sixty-eight of this article, 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 relinquished
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, three, four and
five of this section, 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 sections three hundred
fifty-four and three hundred fifty-seven 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 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. The court shall
reimburse the convicted person and any duly determined interested
persons, pursuant to paragraph f of this subdivision, 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 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,
or humanely dispose of them according to the provisions of subdivisions
two, three, four and five of this section.

f. (1) Prior to an order of forfeiture of farm animals, a hearing
shall be held within thirty days of conviction, to determine the
pecuniary 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,
interested 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.

(2) 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
interest in the farm animals, less any costs, fines or penalties imposed
by the court, as specified under paragraph d of this subdivision. 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
security interest in farm animals or in the proceeds from the sale of
such farm animals.