S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          893
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       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:
    1    Section 1. The penal law is amended by adding a  new  article  236  to
    2  read as follows:
    3                                 ARTICLE 236
    4                          OFFENSES AGAINST ANIMALS
    5  SECTION 236.00 DEFINITIONS.
    6          236.01 PROHIBITION OF ANIMAL FIGHTING.
    7          236.02 OVERDRIVING,  TORTURING  AND INJURING ANIMALS; FAILURE TO
    8                   PROVIDE PROPER SUSTENANCE.
    9          236.03 AGGRAVATED CRUELTY TO ANIMALS.
   10          236.04 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
   11          236.05 ELECTROCUTION OF FUR-BEARING ANIMALS PROHIBITED.
   12          236.06 SALE OF BABY CHICKS AND BABY RABBITS.
   13          236.07 ABANDONMENT OF ANIMALS.
   14          236.08 FAILURE TO PROVIDE PROPER FOOD AND DRINK TO AN  IMPOUNDED
   15                   ANIMAL.
   16          236.09 SELLING OR OFFERING TO SELL OR EXPOSING DISEASED ANIMAL.
   17          236.10 SELLING DISABLED HORSES.
   18          236.11 LIVE ANIMALS AS PRIZES PROHIBITED.
   19          236.12 CARRYING AN ANIMAL IN A CRUEL MANNER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05010-01-3
       A. 893                              2
    1          236.13 TRANSPORTATION OF HORSES.
    2          236.14 POISONING OR ATTEMPTING TO POISON ANIMALS.
    3          236.15 INTERFERENCE WITH OR INJURY TO CERTAIN DOMESTIC ANIMALS.
    4          236.16 THROWING SUBSTANCE INJURIOUS TO ANIMALS IN PUBLIC PLACE.
    5          236.17 UNAUTHORIZED  POSSESSION  OF DOGS PRESUMPTIVE EVIDENCE OF
    6                   LARCENY.
    7          236.18 RUNNING HORSES ON HIGHWAY.
    8          236.19 CLIPPING OR CUTTING THE EARS OF DOGS.
    9          236.20 DOG STEALING.
   10          236.21 REMOVING,  SEIZING  OR  TRANSPORTING  DOGS  FOR  RESEARCH
   11                   PURPOSES.
   12          236.22 LEAVING STATE TO AVOID PROVISIONS OF THIS ARTICLE.
   13          236.23 OPERATING UPON TAILS OF HORSES UNLAWFUL.
   14          236.24 INTERFERENCE WITH OFFICERS.
   15          236.25 PROTECTION  OF THE PUBLIC FROM ATTACK BY WILD ANIMALS AND
   16                   REPTILES.
   17          236.26 POWERS OF PEACE OFFICERS.
   18          236.27 ISSUANCE OF WARRANTS UPON COMPLAINT.
   19          236.28 SEIZURE OF ANIMALS LOST, STRAYED, HOMELESS, ABANDONED  OR
   20                   IMPROPERLY CONFINED OR KEPT.
   21          236.29 HUMANE  DESTRUCTION OR OTHER DISPOSITION OF ANIMALS LOST,
   22                   STRAYED, HOMELESS, ABANDONED OR IMPROPERLY CONFINED  OR
   23                   KEPT.
   24          236.30 OFFICER MAY TAKE POSSESSION OF ANIMALS OR IMPLEMENTS USED
   25                   IN FIGHTS AMONG ANIMALS.
   26          236.31 DISPOSITION OF ANIMALS OR IMPLEMENTS USED IN FIGHTS AMONG
   27                   ANIMALS.
   28          236.32 DISPOSAL OF DEAD ANIMALS.
   29          236.33 SPAYING AND NEUTERING OF DOGS AND CATS.
   30          236.34 UNLAWFUL TAMPERING WITH ANIMAL RESEARCH.
   31          236.35 PROHIBITION OF THE SELLING OF FUR, HAIR, SKIN OR FLESH OF
   32                   A DOG OR CAT.
   33          236.36 CONFINEMENT  OF  COMPANION  ANIMALS  IN VEHICLES; EXTREME
   34                   TEMPERATURES.
   35          236.37 COMPANION ANIMAL GROOMING  FACILITIES;  PROHIBITED  PRAC-
   36                   TICES.
   37  S 236.00 DEFINITIONS.
   38    1.  "ANIMAL",  AS USED IN THIS ARTICLE, INCLUDES EVERY LIVING CREATURE
   39  EXCEPT A HUMAN BEING.
   40    2. "TORTURE" OR "CRUELTY" INCLUDES EVERY ACT,  OMISSION,  OR  NEGLECT,
   41  WHEREBY  UNJUSTIFIABLE  PHYSICAL  PAIN,  SUFFERING OR DEATH IS CAUSED OR
   42  PERMITTED.
   43    3. "ADOPTION" MEANS THE DELIVERY TO ANY NATURAL PERSON EIGHTEEN  YEARS
   44  OF  AGE OR OLDER, FOR THE LIMITED PURPOSE OF HARBORING A PET, OF ANY DOG
   45  OR CAT, SEIZED OR SURRENDERED.
   46    4. "FARM ANIMAL", AS USED IN THIS ARTICLE, MEANS ANY  UNGULATE,  POUL-
   47  TRY, SPECIES OF CATTLE, SHEEP, SWINE, GOATS, LLAMAS, HORSES OR FUR-BEAR-
   48  ING  ANIMALS, AS DEFINED IN SECTION 11-1907 OF THE ENVIRONMENTAL CONSER-
   49  VATION LAW, WHICH ARE RAISED FOR  COMMERCIAL  OR  SUBSISTENCE  PURPOSES.
   50  FUR-BEARING ANIMAL SHALL NOT INCLUDE DOGS OR CATS.
   51    5.  "COMPANION  ANIMAL"  OR "PET" MEANS ANY DOG OR CAT, AND SHALL ALSO
   52  MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN  OR  NEAR  THE
   53  HOUSEHOLD  OF  THE OWNER OR PERSON WHO CARES FOR SUCH OTHER DOMESTICATED
   54  ANIMAL. "PET" OR "COMPANION ANIMAL" SHALL NOT INCLUDE A "FARM ANIMAL" AS
   55  DEFINED IN THIS SECTION.
   56  S 236.01 PROHIBITION OF ANIMAL FIGHTING.
       A. 893                              3
    1    1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE TERM "ANIMAL  FIGHT-
    2  ING" SHALL MEAN ANY FIGHT BETWEEN COCKS OR OTHER BIRDS, OR BETWEEN DOGS,
    3  BULLS,  BEARS  OR  ANY  OTHER  ANIMALS, OR BETWEEN ANY SUCH ANIMAL AND A
    4  PERSON OR PERSONS, EXCEPT IN EXHIBITIONS OF A KIND COMMONLY FEATURED  AT
    5  RODEOS.
    6    2.  ANIMAL  FIGHTING; FIRST OFFENSE. (A) ANY PERSON WHO ENGAGES IN ANY
    7  OF THE FOLLOWING CONDUCT IS GUILTY OF A CLASS E FELONY FOR  HIS  OR  HER
    8  FIRST OFFENSE PUNISHABLE BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED FOUR
    9  YEARS,  OR  BY  A FINE NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS, OR BY
   10  BOTH SUCH FINE AND IMPRISONMENT:
   11    (I) FOR AMUSEMENT OR GAIN, CAUSES  ANY  ANIMAL  TO  ENGAGE  IN  ANIMAL
   12  FIGHTING; OR
   13    (II)  TRAINS  ANY  ANIMAL  UNDER CIRCUMSTANCES EVINCING AN INTENT THAT
   14  SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING FOR AMUSEMENT OR GAIN; OR
   15    (III) BREEDS, SELLS OR OFFERS FOR SALE ANY ANIMAL UNDER  CIRCUMSTANCES
   16  EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING; OR
   17    (IV)  PERMITS  ANY ACT DESCRIBED IN SUBPARAGRAPH (I), (II) OR (III) OF
   18  THIS PARAGRAPH TO OCCUR ON PREMISES UNDER HIS OR HER CONTROL; OR
   19    (V) OWNS, POSSESSES OR KEEPS ANY ANIMAL TRAINED TO  ENGAGE  IN  ANIMAL
   20  FIGHTING  ON  PREMISES  WHERE  AN EXHIBITION OF ANIMAL FIGHTING IS BEING
   21  CONDUCTED UNDER CIRCUMSTANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE
   22  IN ANIMAL FIGHTING.
   23    (B) IF ANY OF THE CONDUCT SPECIFIED IN PARAGRAPH (A) OF THIS  SUBDIVI-
   24  SION  RESULTS  IN PHYSICAL INJURY, SERIOUS PHYSICAL INJURY, OR THE DEATH
   25  OF THE ANIMAL, THE PERSON WHO ENGAGES IN SUCH CONDUCT SHALL BE GUILTY OF
   26  A CLASS D FELONY.
   27    3. POSSESSION OF FIGHTING ANIMAL; FIRST OFFENSE. (A)  ANY  PERSON  WHO
   28  ENGAGES  IN  CONDUCT  SPECIFIED  IN PARAGRAPH (B) OF THIS SUBDIVISION IS
   29  GUILTY OF A CLASS A MISDEMEANOR AND IS PUNISHABLE BY IMPRISONMENT FOR  A
   30  PERIOD  NOT TO EXCEED ONE YEAR, OR BY A FINE NOT TO EXCEED FIFTEEN THOU-
   31  SAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   32    (B) THE OWNING, POSSESSING OR KEEPING  OF  ANY  ANIMAL  UNDER  CIRCUM-
   33  STANCES EVINCING AN INTENT THAT SUCH ANIMAL ENGAGE IN ANIMAL FIGHTING.
   34    4.  ATTENDING  OR  WAGERING  ON  ANIMAL FIGHTS; FIRST OFFENSE. (A) ANY
   35  PERSON WHO ENGAGES IN CONDUCT SPECIFIED IN PARAGRAPH (B) OF THIS  SUBDI-
   36  VISION IS GUILTY OF A CLASS A MISDEMEANOR AND IS PUNISHABLE BY IMPRISON-
   37  MENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BY A FINE NOT TO EXCEED ONE
   38  THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   39    (B)  THE  KNOWING PRESENCE AS A SPECTATOR HAVING PAID AN ADMISSION FEE
   40  OR HAVING MADE A WAGER AT ANY PLACE WHERE AN EXHIBITION OF ANIMAL FIGHT-
   41  ING IS BEING CONDUCTED.
   42    5. SECOND AND ADDITIONAL OFFENSES. (A) ANY PERSON WHO IS CONVICTED  OF
   43  A  VIOLATION OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION AND HAS
   44  PREVIOUSLY BEEN CONVICTED OF A VIOLATION  OF  SUCH  PARAGRAPH  SHALL  BE
   45  GUILTY OF A CLASS D FELONY.
   46    (B)  ANY  PERSON  WHO  IS CONVICTED OF A VIOLATION OF PARAGRAPH (B) OF
   47  SUBDIVISION TWO OF THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF
   48  A VIOLATION OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS C FELONY.
   49    (C) ANY PERSON WHO IS CONVICTED OF A VIOLATION  OF  PARAGRAPH  (A)  OF
   50  SUBDIVISION  TWO  OF  THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED
   51  TWO OR MORE TIMES OF A VIOLATION OF SUCH PARAGRAPH SHALL BE GUILTY OF  A
   52  CLASS C FELONY.
   53    (D)  ANY  PERSON  WHO  IS CONVICTED OF A VIOLATION OF PARAGRAPH (B) OF
   54  SUBDIVISION TWO OF THIS SECTION AND WHO HAS  PREVIOUSLY  BEEN  CONVICTED
   55  TWO  OR MORE TIMES OF A VIOLATION OF SUCH PARAGRAPH SHALL BE GUILTY OF A
   56  CLASS B FELONY.
       A. 893                              4
    1    (E) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION THREE OF
    2  THIS SECTION AND HAS PREVIOUSLY BEEN CONVICTED OF A  VIOLATION  OF  SUCH
    3  SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
    4    (F)  ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION FOUR OF
    5  THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED  OF  A  VIOLATION  OF
    6  SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
    7  S 236.02 OVERDRIVING, TORTURING AND INJURING ANIMALS; FAILURE TO PROVIDE
    8             PROPER SUSTENANCE.
    9    1.  A  PERSON  WHO TORTURES OR CRUELLY BEATS OR UNJUSTIFIABLY INJURES,
   10  MAIMS, MUTILATES OR KILLS ANY ANIMAL, WHETHER WILD OR TAME, AND  WHETHER
   11  BELONGING  TO HIMSELF, HERSELF, OR TO ANOTHER SHALL BE GUILTY OF A CLASS
   12  E FELONY.
   13    2. ANY PERSON WHO DEPRIVES ANY ANIMAL OF NECESSARY SUSTENANCE, FOOD OR
   14  DRINK, OR NEGLECTS OR REFUSES TO FURNISH IT SUCH SUSTENANCE OR DRINK, OR
   15  CAUSES, PROCURES OR PERMITS ANY ANIMAL TO BE OVERDRIVEN  OR  OVERLOADED,
   16  OR  WHO  WILFULLY  SETS  ON  FOOT, INSTIGATES, ENGAGES IN, OR IN ANY WAY
   17  FURTHERS ANY ACT OF CRUELTY TO ANY ANIMAL, OR ANY ACT TENDING TO PRODUCE
   18  SUCH CRUELTY, IS GUILTY OF A CLASS A MISDEMEANOR.
   19    3. ANY PERSON WHO DEPRIVES ANY ANIMAL OF NECESSARY SUSTENANCE, FOOD OR
   20  DRINK, OR NEGLECTS OR REFUSES TO FURNISH IT SUCH SUSTENANCE OR DRINK, OR
   21  CAUSES, PROCURES OR PERMITS ANY ANIMAL TO BE OVERDRIVEN  OR  OVERLOADED,
   22  AND  SUCH  ACT  RESULTS  IN  THE SERIOUS PHYSICAL INJURY OR DEATH OF THE
   23  ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
   24    4. (A) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF  SUBDIVISION  ONE
   25  OF  THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF
   26  SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
   27    (B) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION  TWO  OF
   28  THIS  SECTION  AND  WHO  HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF
   29  SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
   30    (C) ANY PERSON WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION THREE OF
   31  THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED  OF  A  VIOLATION  OF
   32  SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
   33    5.  NOTHING  HEREIN CONTAINED SHALL BE CONSTRUED TO PROHIBIT OR INTER-
   34  FERE WITH ANY PROPERLY CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS OR INVES-
   35  TIGATIONS, INVOLVING THE USE OF LIVING ANIMALS, PERFORMED  OR  CONDUCTED
   36  IN  LABORATORIES  OR INSTITUTIONS, WHICH ARE APPROVED FOR THESE PURPOSES
   37  BY  THE  COMMISSIONER  OF  HEALTH.  THE  COMMISSIONER  OF  HEALTH  SHALL
   38  PRESCRIBE THE RULES UNDER WHICH SUCH APPROVALS SHALL BE GRANTED, INCLUD-
   39  ING  THEREIN  STANDARDS  REGARDING  THE  CARE  AND TREATMENT OF ANY SUCH
   40  ANIMALS. SUCH RULES SHALL BE PUBLISHED AND COPIES THEREOF  CONSPICUOUSLY
   41  POSTED  IN  EACH  SUCH  LABORATORY OR INSTITUTION.   THE COMMISSIONER OF
   42  HEALTH OR HIS OR HER DULY AUTHORIZED REPRESENTATIVE SHALL HAVE THE POWER
   43  TO INSPECT SUCH LABORATORIES OR INSTITUTIONS TO INSURE  COMPLIANCE  WITH
   44  SUCH  RULES AND STANDARDS. EACH SUCH APPROVAL MAY BE REVOKED AT ANY TIME
   45  FOR FAILURE TO COMPLY WITH SUCH RULES AND IN ANY CASE THE APPROVAL SHALL
   46  BE LIMITED TO A PERIOD NOT EXCEEDING ONE YEAR.
   47  S 236.03 AGGRAVATED CRUELTY TO ANIMALS.
   48    1. A PERSON IS GUILTY OF AGGRAVATED CRUELTY TO ANIMALS WHEN,  WITH  NO
   49  JUSTIFIABLE  PURPOSE,  HE  OR  SHE  INTENTIONALLY KILLS OR INTENTIONALLY
   50  CAUSES SERIOUS PHYSICAL INJURY TO A  COMPANION  ANIMAL  WITH  AGGRAVATED
   51  CRUELTY.
   52    2.  FOR  PURPOSES  OF  THIS  SECTION,  "AGGRAVATED CRUELTY" SHALL MEAN
   53  CONDUCT WHICH: (A) IS INTENDED TO CAUSE EXTREME PHYSICAL PAIN; OR (B) IS
   54  DONE OR CARRIED OUT IN AN ESPECIALLY DEPRAVED OR SADISTIC MANNER.
   55    3. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
   56  INTERFERE IN ANY WAY WITH ANYONE LAWFULLY ENGAGED IN HUNTING,  TRAPPING,
       A. 893                              5
    1  OR FISHING, AS PROVIDED IN ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVA-
    2  TION  LAW,  THE  DISPATCH  OF  RABID OR DISEASED ANIMALS, AS PROVIDED IN
    3  ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW, OR THE DISPATCH OF  ANIMALS
    4  POSING  A  THREAT TO HUMAN SAFETY OR OTHER ANIMALS, WHERE SUCH ACTION IS
    5  OTHERWISE LEGALLY  AUTHORIZED,  OR  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
    6  TESTS,  EXPERIMENTS,  OR  INVESTIGATIONS  INVOLVING  THE  USE  OF LIVING
    7  ANIMALS, PERFORMED OR CONDUCTED IN LABORATORIES OR INSTITUTIONS APPROVED
    8  FOR SUCH PURPOSES BY THE COMMISSIONER  OF  HEALTH  PURSUANT  TO  SECTION
    9  236.02 OF THIS ARTICLE.
   10    4. AGGRAVATED CRUELTY TO ANIMALS IS A CLASS E FELONY.
   11    5.  ANY  PERSON  WHO IS CONVICTED OF A VIOLATION OF SUBDIVISION ONE OF
   12  THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION  UNDER
   13  THIS SECTION SHALL BE GUILTY OF A CLASS D FELONY.
   14  S 236.04 APPROPRIATE SHELTER FOR DOGS LEFT OUTDOORS.
   15    1. FOR PURPOSES OF THIS SECTION:
   16    (A)  "PHYSICAL CONDITION" SHALL INCLUDE ANY SPECIAL MEDICAL NEEDS OF A
   17  DOG DUE TO DISEASE, ILLNESS, INJURY, AGE OR BREED ABOUT WHICH THE  OWNER
   18  OR PERSON WITH CUSTODY OR CONTROL OF THE DOG SHOULD REASONABLY BE AWARE.
   19    (B)  "INCLEMENT WEATHER" SHALL MEAN WEATHER CONDITIONS THAT ARE LIKELY
   20  TO ADVERSELY AFFECT THE HEALTH OR SAFETY OF THE DOG, INCLUDING  BUT  NOT
   21  LIMITED TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD.
   22    (C) "DOGS THAT ARE LEFT OUTDOORS" SHALL MEAN DOGS THAT ARE OUTDOORS IN
   23  INCLEMENT  WEATHER  WITHOUT  READY ACCESS TO, OR THE ABILITY TO ENTER, A
   24  HOUSE, APARTMENT BUILDING,  OFFICE  BUILDING,  OR  ANY  OTHER  PERMANENT
   25  STRUCTURE  THAT  COMPLIES WITH THE STANDARDS ENUMERATED IN PARAGRAPH (B)
   26  OF SUBDIVISION FIVE OF THIS SECTION.
   27    2. (A) ANY PERSON WHO OWNS OR HAS CUSTODY OR CONTROL OF A DOG THAT  IS
   28  LEFT  OUTDOORS  SHALL  PROVIDE IT WITH SHELTER APPROPRIATE TO ITS BREED,
   29  PHYSICAL CONDITION AND THE CLIMATE. ANY PERSON  WHO  KNOWINGLY  VIOLATES
   30  THE  PROVISIONS  OF THIS SUBDIVISION SHALL BE GUILTY OF A CLASS B MISDE-
   31  MEANOR.
   32    (B) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
   33  SUBDIVISION  WHERE  SUCH VIOLATION RESULTS IN THE PHYSICAL INJURY TO THE
   34  ANIMAL SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   35    (C) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
   36  SUBDIVISION  WHERE SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL INJURY
   37  OR DEATH TO THE ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
   38    (D) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
   39  SUBDIVISION  AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THE
   40  PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   41    (E) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (B)  OF  THIS
   42  SUBDIVISION  AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THE
   43  PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
   44    (F) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (C)  OF  THIS
   45  SUBDIVISION  AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THE
   46  PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
   47    3. BEGINNING SEVENTY-TWO  HOURS  AFTER  A  CHARGE  OF  VIOLATING  THIS
   48  SECTION,  EACH DAY THAT A DEFENDANT FAILS TO CORRECT THE DEFICIENCIES IN
   49  THE DOG SHELTER FOR A DOG THAT HE OR SHE OWNS OR THAT IS IN HIS  OR  HER
   50  CUSTODY  OR  CONTROL  AND  THAT IS LEFT OUTDOORS, SO AS TO BRING IT INTO
   51  COMPLIANCE WITH THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A  SEPA-
   52  RATE OFFENSE.
   53    4.  THE  COURT  MAY,  IN ITS DISCRETION, REDUCE THE AMOUNT OF ANY FINE
   54  IMPOSED FOR A VIOLATION OF THIS SECTION BY THE AMOUNT WHICH THE  DEFEND-
   55  ANT  PROVES  HE OR SHE HAS SPENT PROVIDING A DOG SHELTER OR REPAIRING AN
   56  EXISTING DOG SHELTER SO THAT IT COMPLIES WITH THE REQUIREMENTS  OF  THIS
       A. 893                              6
    1  SECTION.  NOTHING IN THIS SUBDIVISION SHALL PREVENT THE SEIZURE OF A DOG
    2  FOR A VIOLATION OF THIS SECTION PURSUANT TO  THE  AUTHORITY  GRANTED  IN
    3  THIS ARTICLE.
    4    5. MINIMUM STANDARDS FOR DETERMINING WHETHER SHELTER IS APPROPRIATE TO
    5  A DOG'S BREED, PHYSICAL CONDITION AND THE CLIMATE SHALL INCLUDE:
    6    (A)  FOR  DOGS  THAT  ARE  RESTRAINED IN ANY MANNER OUTDOORS, SHADE BY
    7  NATURAL OR ARTIFICIAL MEANS TO PROTECT THE DOG FROM DIRECT  SUNLIGHT  AT
    8  ALL  TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH OF
    9  THE DOG.
   10    (B) FOR ALL DOGS THAT ARE LEFT OUTDOORS IN INCLEMENT WEATHER, A  HOUS-
   11  ING  FACILITY,  WHICH  MUST:  (I) HAVE A WATERPROOF ROOF; (II) BE STRUC-
   12  TURALLY SOUND WITH INSULATION APPROPRIATE TO LOCAL  CLIMATIC  CONDITIONS
   13  AND  SUFFICIENT  TO  PROTECT  THE  DOG  FROM INCLEMENT WEATHER; (III) BE
   14  CONSTRUCTED TO ALLOW EACH DOG  ADEQUATE  FREEDOM  OF  MOVEMENT  TO  MAKE
   15  NORMAL  POSTURAL  ADJUSTMENTS,  INCLUDING  THE ABILITY TO STAND UP, TURN
   16  AROUND AND LIE DOWN WITH ITS LIMBS  OUTSTRETCHED;  AND  (IV)  ALLOW  FOR
   17  EFFECTIVE  REMOVAL  OF EXCRETIONS, OTHER WASTE MATERIAL, DIRT AND TRASH.
   18  THE HOUSING FACILITY AND THE AREA IMMEDIATELY SURROUNDING  IT  SHALL  BE
   19  REGULARLY  CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND TO
   20  MINIMIZE HEALTH HAZARDS.
   21    6. INADEQUATE SHELTER MAY BE INDICATED BY THE APPEARANCE OF THE  HOUS-
   22  ING  FACILITY  ITSELF,  INCLUDING  BUT  NOT LIMITED TO, SIZE, STRUCTURAL
   23  SOUNDNESS, EVIDENCE OF CROWDING WITHIN THE HOUSING  FACILITY,  HEALTHFUL
   24  ENVIRONMENT IN THE AREA IMMEDIATELY SURROUNDING SUCH FACILITY, OR BY THE
   25  APPEARANCE OR PHYSICAL CONDITION OF THE DOG.
   26    7.  UPON  A  FINDING OF ANY VIOLATION OF THIS SECTION, ANY DOG OR DOGS
   27  SEIZED PURSUANT TO THE PROVISIONS OF THIS ARTICLE  THAT  HAVE  NOT  BEEN
   28  VOLUNTARILY  SURRENDERED BY THE OWNER OR CUSTODIAN OR FORFEITED PURSUANT
   29  TO COURT ORDER SHALL BE RETURNED TO THE OWNER  OR  CUSTODIAN  ONLY  UPON
   30  PROOF  THAT  APPROPRIATE  SHELTER  AS  REQUIRED BY THIS SECTION IS BEING
   31  PROVIDED.
   32    8.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
   33  PROTECTIONS AFFORDED TO DOGS OR OTHER ANIMALS UNDER ANY OTHER PROVISIONS
   34  OF THIS ARTICLE.
   35  S 236.05 ELECTROCUTION OF FUR-BEARING ANIMALS PROHIBITED.
   36    1.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON SHALL INTEN-
   37  TIONALLY KILL, OR STUN TO  FACILITATE  THE  KILLING  OF,  A  FUR-BEARING
   38  ANIMAL  BY  MEANS  OF  AN  ELECTRICAL  CURRENT.  FOR THE PURPOSE OF THIS
   39  SECTION, "FUR-BEARING ANIMAL" MEANS ARCTIC FOX,  RED  FOX,  SILVER  FOX,
   40  CHINCHILLA,  MINK,  PINE  MARTEN, MUSKRAT, AND THOSE FUR-BEARING ANIMALS
   41  INCLUDED WITHIN THE PROVISIONS OF SECTION 11-1907 OF  THE  ENVIRONMENTAL
   42  CONSERVATION LAW.
   43    2.  A VIOLATION OF SUBDIVISION ONE OF THIS SECTION IS A CLASS A MISDE-
   44  MEANOR.
   45  S 236.06 SALE OF BABY CHICKS AND BABY RABBITS.
   46    1. NO PERSON SHALL SELL, OFFER FOR SALE, BARTER OR  GIVE  AWAY  LIVING
   47  BABY  CHICKS, DUCKLINGS OR OTHER FOWL OR BABY RABBITS UNLESS SUCH PERSON
   48  PROVIDES PROPER BROODER FACILITIES WHERE APPROPRIATE  FOR  THE  CARE  OF
   49  SUCH  BABY  CHICKS,  DUCKLINGS  OR OTHER FOWL OR BABY RABBITS DURING THE
   50  TIME THEY ARE IN THE POSSESSION OF SUCH PERSON. FOR THE PURPOSES OF THIS
   51  SECTION, A BABY RABBIT SHALL BE A RABBIT OF LESS THAN TWO MONTHS OF AGE.
   52    2. NO PERSON SHALL SELL, OFFER FOR SALE, BARTER OR DISPLAY LIVING BABY
   53  CHICKS, DUCKLINGS OR OTHER FOWL OR BABY RABBITS WHICH  HAVE  BEEN  DYED,
   54  COLORED  OR  OTHERWISE  TREATED  SO  AS  TO IMPART TO THEM AN ARTIFICIAL
   55  COLOR.
       A. 893                              7
    1    3. NO PROVISION OF SUBDIVISION TWO OF THIS SECTION SHALL BE INTERPRET-
    2  ED OR APPLIED TO PREVENT OR RESTRICT TEACHERS AND QUALIFIED  INSTRUCTORS
    3  OF  YOUTH UNDER THE GUIDANCE AND SUPERVISION OF THE NEW YORK STATE COOP-
    4  ERATIVE EXTENSION SERVICE FROM USING  EGGS  FOR  NON-PROFIT  EDUCATIONAL
    5  PURPOSES  OR  FROM  OBSERVING FOWL HATCHED FROM SUCH EGGS FOR NON-PROFIT
    6  EDUCATIONAL PURPOSES.
    7    4. NO PERSON SHALL SELL, OFFER FOR SALE, BARTER OR  GIVE  AWAY  LIVING
    8  BABY CHICKS, DUCKLINGS OR OTHER FOWL OR BABY RABBITS UNDER TWO MONTHS OF
    9  AGE IN ANY QUANTITY LESS THAN SIX.
   10    5.  A  VIOLATION  OF  THE PROVISIONS OF THIS SECTION IS A MISDEMEANOR,
   11  PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A  FINE  OF
   12  NOT MORE THAN FIVE HUNDRED DOLLARS, OR BY BOTH.
   13  S 236.07 ABANDONMENT OF ANIMALS.
   14    1.  A PERSON BEING THE OWNER OR POSSESSOR, OR HAVING CHARGE OR CUSTODY
   15  OF AN ANIMAL, WHO ABANDONS SUCH ANIMAL, OR LEAVES IT TO DIE IN A STREET,
   16  ROAD OR PUBLIC PLACE, OR WHO ALLOWS SUCH ANIMAL, IF IT BECOMES DISABLED,
   17  TO LIE IN A PUBLIC STREET, ROAD OR PUBLIC PLACE MORE  THAN  THREE  HOURS
   18  AFTER HE OR SHE RECEIVES NOTICE THAT IT IS LEFT DISABLED, IS GUILTY OF A
   19  CLASS  A  MISDEMEANOR,  PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE
   20  YEAR, OR BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
   21    2. (A) A PERSON BEING THE OWNER OR  POSSESSOR,  OR  HAVING  CHARGE  OR
   22  CUSTODY OF AN ANIMAL, WHO ABANDONS SUCH ANIMAL, OR LEAVES IT TO DIE IN A
   23  STREET,  ROAD  OR PUBLIC PLACE, OR WHO ALLOWS SUCH ANIMAL, IF IT BECOMES
   24  DISABLED, TO LIE IN A PUBLIC STREET, ROAD  OR  PUBLIC  PLACE  MORE  THAN
   25  THREE  HOURS  AFTER  HE OR SHE RECEIVES NOTICE THAT IT IS LEFT DISABLED,
   26  AND
   27    (B) SUCH ACT OR FAILURE TO ACT RESULTS IN THE SERIOUS PHYSICAL  INJURY
   28  OR DEATH OF THE ANIMAL, IS GUILTY OF A CLASS E FELONY.
   29    3.  (A)  ANY  PERSON  WHO  IS CONVICTED OF VIOLATING THE PROVISIONS OF
   30  SUBDIVISION ONE OF THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF
   31  A VIOLATION OF SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
   32    (B) ANY PERSON WHO IS CONVICTED OF VIOLATING THE PROVISIONS OF  SUBDI-
   33  VISION  TWO  OF  THIS SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF A
   34  VIOLATION OF SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
   35  S 236.08 FAILURE TO PROVIDE  PROPER  FOOD  AND  DRINK  TO  AN  IMPOUNDED
   36  ANIMAL.
   37    1.  (A) A PERSON WHO, HAVING IMPOUNDED OR CONFINED ANY ANIMAL, REFUSES
   38  OR NEGLECTS TO SUPPLY TO SUCH ANIMAL DURING ITS CONFINEMENT A SUFFICIENT
   39  SUPPLY OF GOOD AND WHOLESOME AIR, FOOD, SHELTER AND WATER, IS GUILTY  OF
   40  A  CLASS A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE
   41  YEAR, OR BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
   42    (B) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
   43  SUBDIVISION AND SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL INJURY OR
   44  DEATH OF THE ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
   45    (C)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
   46  SUBDIVISION AND WHO HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  THE
   47  PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
   48    (D)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (B) OF THIS
   49  SUBDIVISION AND WHO HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  THE
   50  PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
   51    2. IN CASE ANY ANIMAL SHALL BE AT ANY TIME IMPOUNDED AS AFORESAID, AND
   52  SHALL  CONTINUE  TO  BE  WITHOUT  NECESSARY FOOD AND WATER FOR MORE THAN
   53  TWELVE SUCCESSIVE HOURS, IT SHALL BE LAWFUL FOR ANY PERSON, FROM TIME TO
   54  TIME, AND AS OFTEN AS IT SHALL BE NECESSARY, TO ENTER INTO AND UPON  ANY
   55  POUND  IN  WHICH  ANY SUCH ANIMAL SHALL BE SO CONFINED, AND TO SUPPLY IT
   56  WITH NECESSARY FOOD AND WATER, SO LONG AS IT SHALL REMAIN  SO  CONFINED;
       A. 893                              8
    1  SUCH  PERSON  SHALL NOT BE LIABLE FOR ANY ACTION FOR SUCH ENTRY, AND THE
    2  REASONABLE COST OF SUCH FOOD AND WATER MAY BE COLLECTED BY  HIM  OR  HER
    3  FROM  THE OWNER OF SUCH ANIMAL, AND SAID ANIMAL SHALL NOT BE EXEMPT FROM
    4  LEVY AND SALE UPON EXECUTION ISSUED UPON A JUDGMENT THEREFOR.
    5  S 236.09 SELLING OR OFFERING TO SELL OR EXPOSING DISEASED ANIMAL.
    6    A PERSON WHO WILFULLY SELLS OR OFFERS TO SELL, USES, EXPOSES, OR CAUS-
    7  ES  OR  PERMITS TO BE SOLD, OFFERED FOR SALE, USED OR EXPOSED, ANY HORSE
    8  OR OTHER ANIMAL HAVING THE DISEASE KNOWN AS GLANDERS OR FARCY, OR  OTHER
    9  CONTAGIOUS  OR  INFECTIOUS  DISEASE  DANGEROUS  TO THE LIFE OR HEALTH OF
   10  HUMAN BEINGS, OR ANIMALS, OR WHICH IS DISEASED  PAST  RECOVERY,  OR  WHO
   11  REFUSES  UPON DEMAND TO DEPRIVE OF LIFE AN ANIMAL AFFECTED WITH ANY SUCH
   12  DISEASE, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR  NOT
   13  MORE  THAN  ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS
   14  OR BY BOTH.
   15  S 236.10 SELLING DISABLED HORSES.
   16    IT SHALL BE UNLAWFUL FOR ANY PERSON HOLDING  AN  AUCTIONEER'S  LICENSE
   17  KNOWINGLY  TO  RECEIVE  OR  OFFER FOR SALE OR TO SELL AT PUBLIC AUCTION,
   18  OTHER THAN AT A SHERIFF'S OR JUDICIAL SALE  UNDER  A  COURT  ORDER,  ANY
   19  HORSE WHICH BY REASON OF DEBILITY, DISEASE OR LAMENESS, OR FOR ANY OTHER
   20  CAUSE,  COULD  NOT  BE  WORKED  IN  THIS STATE WITHOUT VIOLATING THE LAW
   21  AGAINST CRUELTY TO ANIMALS. ANY PERSON VIOLATING ANY PROVISION  OF  THIS
   22  SECTION  SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN FIVE DOLLARS NOR
   23  MORE THAN ONE HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN  SIX
   24  MONTHS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   25  S 236.11 LIVE ANIMALS AS PRIZES PROHIBITED.
   26    1.  FOR THE PURPOSES OF THIS SECTION "LIVESTOCK" SHALL MEAN ANY DOMES-
   27  TICATED SHEEP, GOAT, HORSE, CATTLE OR SWINE.
   28    2. NO PERSON SHALL GIVE OR OFFER TO GIVE AWAY AS A PRIZE, OR  EXCHANGE
   29  OR  OFFER  TO  EXCHANGE FOR NOMINAL CONSIDERATION, ANY LIVE ANIMAL OTHER
   30  THAN PUREBRED LIVESTOCK OR FISH IN ANY GAME, DRAWING,  CONTEST,  SWEEPS-
   31  TAKES  OR  OTHER PROMOTION, EXCEPT WHEN ANY LIVE ANIMAL IS GIVEN AWAY BY
   32  INDIVIDUALS OR ORGANIZATIONS OPERATING IN CONJUNCTION WITH A COOPERATIVE
   33  EXTENSION EDUCATION PROGRAM OR  AGRICULTURAL  VOCATIONAL  PROGRAM  SANC-
   34  TIONED BY THE EDUCATION DEPARTMENT.
   35    3.  THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL PROMULGATE RULES
   36  AND REGULATIONS WHICH PROVIDE GUIDELINES,  CONDITIONS  AND  REQUIREMENTS
   37  WHEN  ANY LIVE ANIMAL IS GIVEN AWAY UNDER THE EXCEPTIONS PROVIDED FOR IN
   38  SUBDIVISION TWO OF THIS SECTION.
   39    4. ANY PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
   40  SUBJECT  TO  CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS OR
   41  IN LIEU THEREOF SHALL BE GUILTY OF A VIOLATION PUNISHABLE  SOLELY  BY  A
   42  FINE OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS.
   43  S 236.12 CARRYING AN ANIMAL IN A CRUEL MANNER.
   44    1.  (A)  A  PERSON  WHO CARRIES OR CAUSES TO BE CARRIED IN OR UPON ANY
   45  VESSEL OR VEHICLE OR OTHERWISE,  ANY  ANIMAL  IN  A  CRUEL  OR  INHUMANE
   46  MANNER, OR SO AS TO PRODUCE TORTURE, IS GUILTY OF A CLASS A MISDEMEANOR,
   47  PUNISHABLE  BY  IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF
   48  NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
   49    (B) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
   50  SUBDIVISION AND SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL INJURY OR
   51  DEATH OF THE ANIMAL SHALL BE GUILTY OF A CLASS E FELONY.
   52    (C)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
   53  SUBDIVISION AND WHO HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  THE
   54  PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
       A. 893                              9
    1    (D)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (B) OF THIS
    2  SUBDIVISION AND WHO HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  THE
    3  PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
    4    2.  A RAILWAY CORPORATION, OR AN OWNER, AGENT, CONSIGNEE, OR PERSON IN
    5  CHARGE OF ANY HORSES, SHEEP, CATTLE, OR SWINE, IN THE COURSE OF, OR  FOR
    6  TRANSPORTATION,  WHO  CONFINES,  OR  CAUSES  OR  SUFFERS  THE SAME TO BE
    7  CONFINED, IN CARS FOR A  LONGER  PERIOD  THAN  TWENTY-EIGHT  CONSECUTIVE
    8  HOURS,  OR  THIRTY-SIX  CONSECUTIVE  HOURS WHERE CONSENT IS GIVEN IN THE
    9  MANNER HEREINAFTER PROVIDED, WITHOUT UNLOADING FOR REST, WATER AND FEED-
   10  ING, DURING FIVE CONSECUTIVE HOURS, UNLESS PREVENTED BY STORM OR  INEVI-
   11  TABLE  ACCIDENT,  IS  GUILTY OF A CLASS A MISDEMEANOR. THE CONSENT WHICH
   12  WILL EXTEND THE PERIOD FROM TWENTY-EIGHT TO THIRTY-SIX  HOURS  SHALL  BE
   13  GIVEN BY THE OWNER, OR BY PERSON IN CUSTODY OF A PARTICULAR SHIPMENT, BY
   14  A  WRITING  SEPARATE  AND APART FROM ANY PRINTED BILL OF LADING OR OTHER
   15  RAILROAD FORM. IN ESTIMATING SUCH CONFINEMENT, THE TIME DURING WHICH THE
   16  ANIMALS HAVE BEEN CONFINED WITHOUT REST, ON CONNECTING ROADS FROM  WHICH
   17  THEY ARE RECEIVED, MUST BE COMPUTED.
   18  S 236.13 TRANSPORTATION OF HORSES.
   19    1.  EVERY  VEHICLE  UTILIZED  FOR  THE TRANSPORTATION OF MORE THAN SIX
   20  HORSES SHALL MEET THE FOLLOWING REQUIREMENTS:
   21    (A)  THE  INTERIORS  OF  COMPARTMENTS  CONTAINING  HORSES   SHALL   BE
   22  CONSTRUCTED  OF SMOOTH MATERIALS, CONTAINING NO SHARP OBJECTS OR PROTRU-
   23  SIONS WHICH ARE HAZARDOUS;
   24    (B) THE FLOORS SHALL BE OF SUCH CONSTRUCTION OR COVERED WITH  ABRASIVE
   25  MATERIAL SO AS TO PREVENT HORSES FROM SKIDDING OR SLIDING;
   26    (C)  THERE  SHALL  BE  SUFFICIENT  APERTURES TO INSURE ADEQUATE VENTI-
   27  LATION;
   28    (D) THERE SHALL BE SUFFICIENT INSULATION OR COVERINGS TO  MAINTAIN  AN
   29  ADEQUATE TEMPERATURE IN THE COMPARTMENT CONTAINING HORSES;
   30    (E) PARTITIONS OF STURDY CONSTRUCTION SHALL BE PLACED A MAXIMUM OF TEN
   31  FEET APART IN VEHICLES WHICH DO NOT HAVE STALLS;
   32    (F)  DOORWAYS  SHALL BE OF SUFFICIENT HEIGHT TO ALLOW SAFE INGRESS AND
   33  EGRESS OF EACH HORSE CONTAINED IN THE COMPARTMENT;
   34    (G) EACH COMPARTMENT CONTAINING HORSES SHALL BE OF SUCH HEIGHT  SO  AS
   35  TO  ALLOW  SUFFICIENT CLEARANCE ABOVE THE POLL AND WITHERS OF EACH HORSE
   36  IN THE COMPARTMENT;
   37    (H) RAMPS  SUFFICIENT  FOR  LOADING  AND  UNLOADING  HORSES  SHALL  BE
   38  PROVIDED  IF  THE  VERTICAL  DISTANCE  FROM THE FLOOR OF THE COMPARTMENT
   39  CONTAINING HORSES TO THE GROUND IS GREATER THAN FIFTEEN INCHES; AND
   40    (I) THERE SHALL BE AT LEAST TWO DOORWAYS FOR INGRESS AND EGRESS, WHICH
   41  SHALL NOT BE ON THE SAME SIDE.
   42    2. EVERY VEHICLE UTILIZED FOR THE  TRANSPORTATION  OF  MORE  THAN  SIX
   43  HORSES OVER A HIGHWAY SHALL HAVE NO MORE THAN ONE TIER.
   44    3.  (A)  TRANSPORTING  A HORSE IN VIOLATION OF THIS SECTION SHALL BE A
   45  VIOLATION PUNISHABLE BY A FINE  OF  NOT  MORE  THAN  TWO  HUNDRED  FIFTY
   46  DOLLARS.
   47    (B)  ANY  SUBSEQUENT  VIOLATION  OF THIS SECTION ON A DATE FOLLOWING A
   48  CONVICTION UNDER THE PROVISIONS OF THIS SECTION SHALL BE  A  MISDEMEANOR
   49  PUNISHABLE  BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISON-
   50  MENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
   51    4. THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL PROMULGATE  RULES
   52  AND REGULATIONS, INCLUDING SIZE SPECIFICATIONS, AND ESTABLISH GUIDELINES
   53  IN ORDER TO FACILITATE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   54    5. (A) THE TERM "HORSE" AS USED THROUGHOUT THIS SECTION SHALL APPLY TO
   55  THE ENTIRE FAMILY OF EQUIDAE.
       A. 893                             10
    1    (B)  THE TERM "VEHICLE" AS USED THROUGHOUT THIS SECTION SHALL APPLY TO
    2  EVERY DEVICE IN, UPON, OR BY WHICH ANY PERSON OR PROPERTY IS OR  MAY  BE
    3  TRANSPORTED OR DRAWN UPON A HIGHWAY, EXCEPT DEVICES MOVED BY HUMAN POWER
    4  OR USED EXCLUSIVELY UPON STATIONARY RAILS OR TRACKS.
    5    6.  THE  COURT  IN  WHICH  A  CONVICTION  UNDER THE PROVISIONS OF THIS
    6  SECTION IS OBTAINED, SHALL, WITHIN THIRTY DAYS OF SUCH CONVICTION, TRAN-
    7  SMIT A COPY OF THE RECORD OF CONVICTION  TO  THE  DIVISION  OF  CRIMINAL
    8  JUSTICE  SERVICES  WHICH  SHALL MAINTAIN A RECORD OF SUCH CONVICTION FOR
    9  THE PURPOSE OF IDENTIFYING SUBSEQUENT VIOLATIONS OF THIS SECTION.
   10  S 236.14 POISONING OR ATTEMPTING TO POISON ANIMALS.
   11    1. A PERSON WHO UNJUSTIFIABLY ADMINISTERS  ANY  POISONOUS  OR  NOXIOUS
   12  DRUG OR SUBSTANCE TO ANY ANIMAL IS GUILTY OF A CLASS E FELONY.
   13    2.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF THIS
   14  SECTION AND SUCH VIOLATION RESULTS IN THE  SERIOUS  PHYSICAL  INJURY  OR
   15  DEATH OF THE ANIMAL SHALL BE GUILTY OF A CLASS D FELONY.
   16    3.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF THIS
   17  SECTION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING   THE
   18  PROVISIONS OF SUCH SUBDIVISION SHALL BE GUILTY OF A CLASS D FELONY.
   19    4.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION TWO OF THIS
   20  SECTION AND WHO HAS PREVIOUSLY BEEN CONVICTED OF  A  FELONY  UNDER  SUCH
   21  SUBDIVISION SHALL BE GUILTY OF A CLASS C FELONY.
   22  S 236.15 INTERFERENCE WITH OR INJURY TO CERTAIN DOMESTIC ANIMALS.
   23    A  PERSON  WHO  WILFULLY  OR  UNJUSTIFIABLY  INTERFERES WITH, INJURES,
   24  DESTROYS OR TAMPERS WITH OR  WHO  WILFULLY  SETS  ON  FOOT,  INSTIGATES,
   25  ENGAGES  IN OR IN ANY WAY FURTHERS ANY ACT BY WHICH ANY HORSE, MULE, DOG
   26  OR ANY OTHER DOMESTIC ANIMAL USED FOR THE PURPOSES OF  RACING,  BREEDING
   27  OR  COMPETITIVE  EXHIBITION  OF  SKILL,  BREED OR STAMINA, IS INTERFERED
   28  WITH, INJURED, DESTROYED OR TAMPERED WITH, OR ANY ACT TENDING TO PRODUCE
   29  SUCH INTERFERENCE, INJURY, DESTRUCTION OR TAMPERING, WHETHER SUCH HORSE,
   30  MULE, DOG OR OTHER DOMESTIC ANIMAL BE THE PROPERTY OF  HIMSELF,  HERSELF
   31  OR ANOTHER, IS GUILTY OF A FELONY.
   32  S 236.16 THROWING SUBSTANCE INJURIOUS TO ANIMALS IN PUBLIC PLACE.
   33    A PERSON WHO WILFULLY THROWS, DROPS OR PLACES, OR CAUSES TO BE THROWN,
   34  DROPPED  OR  PLACED  UPON ANY ROAD, HIGHWAY, STREET OR PUBLIC PLACE, ANY
   35  GLASS, NAILS, PIECES OF METAL, OR OTHER  SUBSTANCE  WHICH  MIGHT  WOUND,
   36  DISABLE  OR  INJURE ANY ANIMAL IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY
   37  IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT  MORE  THAN
   38  ONE THOUSAND DOLLARS, OR BY BOTH.
   39  S 236.17 UNAUTHORIZED  POSSESSION OF DOGS PRESUMPTIVE EVIDENCE OF LARCE-
   40             NY.
   41    THE UNAUTHORIZED POSSESSION OF A DOG OR DOGS, BY ANY  PERSON  NOT  THE
   42  TRUE  OWNER,  FOR  A PERIOD EXCEEDING TEN DAYS, WITHOUT NOTIFYING EITHER
   43  THE OWNER, THE LOCAL POLICE AUTHORITIES, OR THE  SUPERINTENDENT  OF  THE
   44  STATE  POLICE AT ALBANY, NEW YORK, OF SUCH POSSESSION, SHALL BE PRESUMP-
   45  TIVE EVIDENCE OF LARCENY.
   46  S 236.18 RUNNING HORSES ON HIGHWAY.
   47    A PERSON DRIVING ANY VEHICLE UPON ANY PLANK ROAD, TURNPIKE  OR  PUBLIC
   48  HIGHWAY,  WHO  UNJUSTIFIABLY RUNS THE HORSES DRAWING THE SAME, OR CAUSES
   49  OR PERMITS THEM TO RUN, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRI-
   50  SONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE  THAN  FIVE
   51  HUNDRED DOLLARS, OR BY BOTH.
   52  S 236.19 CLIPPING OR CUTTING THE EARS OF DOGS.
   53    1. (A) WHOEVER CLIPS OR CUTS OFF OR CAUSES OR PROCURES ANOTHER TO CLIP
   54  OR  CUT  OFF  THE WHOLE OR ANY PART OF AN EAR OF ANY DOG UNLESS AN ANES-
   55  THETIC SHALL HAVE BEEN GIVEN TO THE DOG AND THE OPERATION PERFORMED BY A
   56  LICENSED VETERINARIAN, IS GUILTY OF A CLASS A MISDEMEANOR, PUNISHABLE BY
       A. 893                             11
    1  IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR A FINE OF NOT MORE THAN  ONE
    2  THOUSAND DOLLARS, OR BY BOTH.
    3    (B)  ANY  PERSON  WHO VIOLATES THE PROVISIONS OF PARAGRAPH (A) OF THIS
    4  SUBDIVISION AND SUCH VIOLATION RESULTS IN THE MAIMING  OR  TORTURING  OF
    5  THE  ANIMAL  THAT  CAUSES SERIOUS PHYSICAL INJURY TO THE ANIMAL SHALL BE
    6  GUILTY OF A CLASS E FELONY.
    7    (C) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
    8  SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
    9  PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS E FELONY.
   10    (D) ANY PERSON WHO VIOLATES THE PROVISIONS OF PARAGRAPH  (B)  OF  THIS
   11  SUBDIVISION  AND  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF VIOLATING THE
   12  PROVISIONS OF SUCH PARAGRAPH SHALL BE GUILTY OF A CLASS D FELONY.
   13    2. EACH APPLICANT FOR A DOG LICENSE MUST  STATE  ON  SUCH  APPLICATION
   14  WHETHER  ANY EAR OF THE DOG FOR WHICH HE OR SHE APPLIES FOR SUCH LICENSE
   15  HAS BEEN CUT OFF WHOLLY OR IN PART.
   16    3. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED AS PREVENTING  ANY  DOG
   17  WHOSE  EAR OR EARS SHALL HAVE BEEN CLIPPED OR CUT OFF WHOLLY OR IN PART,
   18  NOT IN VIOLATION OF THIS SECTION, FROM BEING  IMPORTED  INTO  THE  STATE
   19  EXCLUSIVELY FOR BREEDING PURPOSES.
   20  S 236.20 DOG STEALING.
   21    1. IT SHALL BE UNLAWFUL FOR ANY PERSON:
   22    (A) TO REMOVE OR CAUSE TO BE REMOVED THE COLLAR, IDENTIFICATION TAG OR
   23  ANY  OTHER IDENTIFICATION BY WHICH THE OWNER MAY BE ASCERTAINED FROM ANY
   24  DOG, CAT OR ANY OTHER DOMESTIC ANIMAL AS DEFINED IN SUBDIVISION SEVEN OF
   25  SECTION ONE HUNDRED EIGHT OF THE AGRICULTURE  AND  MARKETS  LAW,  OR  TO
   26  ENTICE ANY IDENTIFIED DOG, CAT OR OTHER SUCH DOMESTIC ANIMAL INTO OR OUT
   27  OF ANY HOUSE OR ENCLOSURE FOR THE PURPOSE OF REMOVING ITS COLLAR, TAG OR
   28  ANY OTHER IDENTIFICATION, EXCEPT WITH THE OWNER'S PERMISSION;
   29    (B)  TO ENTICE, SEIZE OR MOLEST ANY DOG, WHILE IT IS BEING HELD OR LED
   30  BY ANY PERSON OR WHILE IT IS PROPERLY MUZZLED OR WEARING A  COLLAR  WITH
   31  AN  IDENTIFICATION  TAG ATTACHED, EXCEPT WHERE SUCH ACTION IS INCIDENTAL
   32  TO THE ENFORCEMENT OF SOME LAW OR REGULATION;
   33    (C) TO TRANSPORT ANY DOG, NOT LAWFULLY IN HIS OR HER  POSSESSION,  FOR
   34  THE PURPOSE OF KILLING OR SELLING SUCH DOG.
   35    2.  ANY  PERSON  VIOLATING ANY OF THE PROVISIONS OF THIS SECTION, UPON
   36  CONVICTION THEREOF, SHALL BE  PUNISHED  BY  A  FINE  NOT  EXCEEDING  TWO
   37  HUNDRED  DOLLARS,  OR  BY  IMPRISONMENT  NOT TO EXCEED SIX MONTHS, OR BY
   38  BOTH.
   39  S 236.21 REMOVING, SEIZING OR TRANSPORTING DOGS FOR RESEARCH PURPOSES.
   40    IT SHALL BE UNLAWFUL FOR ANY PERSON:
   41    1. TO REMOVE, SEIZE OR TRANSPORT OR CAUSE TO REMOVE, SEIZE  OR  TRANS-
   42  PORT  ANY DOG WHICH BELONGS TO OR IS LICENSED TO ANOTHER FOR THE PURPOSE
   43  OF SALE, BARTER OR TO GIVE AWAY SAID  DOG  TO  A  LABORATORY,  HOSPITAL,
   44  RESEARCH INSTITUTE, MEDICAL SCHOOL OR ANY AGENCY OR ORGANIZATION ENGAGED
   45  IN  RESEARCH  ACTIVITY,  WITHOUT  THE  EXPRESS WRITTEN PERMISSION OF THE
   46  OWNER OR LICENSEE.
   47    2. ANY PERSON  WHO  VIOLATES  THE  PROVISION  OF  THIS  SECTION,  UPON
   48  CONVICTION  THEREOF, SHALL BE GUILTY OF A MISDEMEANOR, AND IS PUNISHABLE
   49  BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY  IMPRISONMENT  FOR
   50  NOT MORE THAN SIX MONTHS, OR BY BOTH.
   51  S 236.22 LEAVING STATE TO AVOID PROVISIONS OF THIS ARTICLE.
   52    A  PERSON  WHO  LEAVES  THIS  STATE  WITH  INTENT  TO ELUDE ANY OF THE
   53  PROVISIONS OF THIS ARTICLE OR TO COMMIT ANY ACT OUT OF THIS STATE  WHICH
   54  IS  PROHIBITED  BY THEM OR WHO, BEING A RESIDENT OF THIS STATE, DOES ANY
   55  ACT WITHOUT THIS STATE, PURSUANT TO SUCH INTENT, WHICH WOULD BE PUNISHA-
       A. 893                             12
    1  BLE UNDER SUCH PROVISIONS, IF COMMITTED WITHIN THIS STATE, IS PUNISHABLE
    2  IN THE SAME MANNER AS IF SUCH ACT HAD BEEN COMMITTED WITHIN THIS STATE.
    3  S 236.23 OPERATING UPON TAILS OF HORSES UNLAWFUL.
    4    1.  ANY  PERSON  WHO CUTS THE BONE, TISSUES, MUSCLES OR TENDONS OF THE
    5  TAIL OF ANY HORSE, MARE OR GELDING, OR OTHERWISE OPERATES UPON IT IN ANY
    6  MANNER FOR THE PURPOSE OR WITH THE EFFECT OF DOCKING, SETTING, OR OTHER-
    7  WISE ALTERING THE NATURAL CARRIAGE OF THE TAIL, OR WHO KNOWINGLY PERMITS
    8  THE SAME TO BE DONE UPON PREMISES OF WHICH  HE  OR  SHE  IS  THE  OWNER,
    9  LESSEE,  PROPRIETOR OR USER, OR WHO ASSISTS IN OR IS VOLUNTARILY PRESENT
   10  AT SUCH CUTTING, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY  IMPRISONMENT
   11  FOR  NOT  MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN FIVE HUNDRED
   12  DOLLARS OR BY BOTH. IF A HORSE IS FOUND WITH THE BONE, TISSUES,  MUSCLES
   13  OR  TENDONS  OF  ITS  TAIL CUT AS AFORESAID AND WITH THE WOUND RESULTING
   14  THEREFROM UNHEALED, UPON THE PREMISES OR IN THE CHARGE  AND  CUSTODY  OF
   15  ANY  PERSON,  SUCH  FACT SHALL BE PRIMA FACIE EVIDENCE OF A VIOLATION OF
   16  THIS SECTION BY THE OWNER OR USER OF SUCH PREMISES OR THE PERSON  HAVING
   17  SUCH CHARGE OR CUSTODY, RESPECTIVELY.
   18    2.  ANY  PERSON  WHO SHOWS OR EXHIBITS AT ANY HORSE SHOW OR OTHER LIKE
   19  EXHIBITION IN THIS STATE A HORSE, MARE OR GELDING, THE TAIL OF WHICH HAS
   20  BEEN CUT OR OPERATED UPON IN THE MANNER REFERRED TO IN  SUBDIVISION  ONE
   21  OF  THIS SECTION, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT
   22  FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN  FIVE  HUNDRED
   23  DOLLARS,  OR BY BOTH; PROVIDED THAT THE PROVISIONS OF THIS SECTION SHALL
   24  NOT APPLY WITH RESPECT TO AN ANIMAL THE TAIL OF WHICH HAS BEEN SO CUT OR
   25  OPERATED UPON, IF THE OWNER THEREOF FURNISHES TO THE  MANAGER  OR  OTHER
   26  OFFICIAL  HAVING  CHARGE  OF  THE HORSE SHOW OR EXHIBITION AT WHICH SUCH
   27  ANIMAL IS SHOWN OR EXHIBITED AN AFFIDAVIT BY THE OWNER,  OR  A  LICENSED
   28  VETERINARIAN,  IN  A  FORM APPROVED BY THE DEPARTMENT OF AGRICULTURE AND
   29  MARKETS, STATING THAT IT WAS SO CUT IN A STATE WHEREIN SUCH CUTTING  WAS
   30  NOT  SPECIFICALLY  PROHIBITED BY THE LAWS THEREOF. SAID AFFIDAVIT SHALL,
   31  TO THE BEST OF AFFIANT'S KNOWLEDGE, INFORMATION AND BELIEF, IDENTIFY THE
   32  ANIMAL WITH RESPECT TO SEX, AGE, MARKINGS, SIRE AND DAM, AND  STATE  THE
   33  TIME AND PLACE OF SUCH CUTTING AND THE NAME AND ADDRESS OF THE PERSON BY
   34  WHOM  PERFORMED.  THE  AFFIDAVIT  SHALL  BE SUBJECT TO INSPECTION AT ALL
   35  REASONABLE TIMES BY ANY PEACE OFFICER, ACTING PURSUANT  TO  HIS  OR  HER
   36  SPECIAL  DUTIES,  OR  POLICE  OFFICER  OF THIS STATE, OR BY A DESIGNATED
   37  REPRESENTATIVE OF THE COMMISSIONER OF AGRICULTURE AND MARKETS.  IN  LIEU
   38  OF  FURNISHING  SUCH  AFFIDAVIT  TO THE MANAGER OR OTHER OFFICIAL HAVING
   39  CHARGE OF SUCH HORSE SHOW OR EXHIBITION, THE OWNER  OF  SUCH  HORSE  MAY
   40  SPECIFY ON THE ENTRY BLANK FOR THE HORSE SHOW OR EXHIBITION THE NAME AND
   41  ADDRESS  OF  A  CENTRAL  REGISTRY OFFICE DESIGNATED BY THE DEPARTMENT OF
   42  AGRICULTURE AND MARKETS WHERE SUCH AN AFFIDAVIT HAS ALREADY  BEEN  FILED
   43  AND IS AVAILABLE FOR INSPECTION.
   44  S 236.24 INTERFERENCE WITH OFFICERS.
   45    ANY  PERSON  WHO  SHALL  INTERFERE  WITH  OR OBSTRUCT ANY CONSTABLE OR
   46  POLICE OFFICER OR ANY OFFICER OR AGENT OF ANY DULY INCORPORATED  SOCIETY
   47  FOR  THE PREVENTION OF CRUELTY TO ANIMALS IN THE DISCHARGE OF HIS OR HER
   48  DUTY TO ENFORCE THE LAWS RELATING TO ANIMALS SHALL BE GUILTY OF A MISDE-
   49  MEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR  BY  A
   50  FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
   51  S 236.25 PROTECTION  OF  THE  PUBLIC  FROM  ATTACK  BY  WILD ANIMALS AND
   52             REPTILES.
   53    ANY PERSON OWNING, POSSESSING OR HARBORING A WILD  ANIMAL  OR  REPTILE
   54  CAPABLE  OF INFLICTING BODILY HARM UPON A HUMAN BEING, WHO SHALL FAIL TO
   55  EXERCISE DUE CARE IN SAFEGUARDING THE PUBLIC FROM ATTACK  BY  SUCH  WILD
   56  ANIMAL  OR  REPTILE, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISON-
       A. 893                             13
    1  MENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE  OF  NOT  MORE  THAN  FIVE
    2  HUNDRED  DOLLARS,  OR  BY BOTH. "WILD ANIMAL" WITHIN THE MEANING OF THIS
    3  SECTION, SHALL NOT INCLUDE A DOG OR CAT OR OTHER DOMESTIC ANIMAL.
    4    PREVIOUS ATTACKS UPON A HUMAN BEING BY SUCH WILD ANIMAL OR REPTILE, OR
    5  KNOWLEDGE OF THE VICIOUS PROPENSITIES OF SUCH WILD ANIMAL OR REPTILE, ON
    6  THE  PART OF THE POSSESSOR OR HARBORER THEREOF, SHALL NOT BE REQUIRED TO
    7  BE PROVEN BY THE PEOPLE UPON A PROSECUTION HEREUNDER;  AND  NEITHER  THE
    8  FACT  THAT  SUCH  WILD  ANIMAL  OR REPTILE HAS NOT PREVIOUSLY ATTACKED A
    9  HUMAN BEING, NOR LACK OF KNOWLEDGE OF THE VICIOUS PROPENSITIES  OF  SUCH
   10  WILD  ANIMAL  OR REPTILE ON THE PART OF THE OWNER, POSSESSOR OR HARBORER
   11  THEREOF SHALL CONSTITUTE A DEFENSE TO A PROSECUTION HEREUNDER.
   12  S 236.26 POWERS OF PEACE OFFICERS.
   13    A CONSTABLE OR POLICE OFFICER MUST, AND ANY AGENT OR  OFFICER  OF  ANY
   14  DULY  INCORPORATED  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS MAY
   15  ISSUE AN APPEARANCE TICKET PURSUANT TO SECTION 150.20  OF  THE  CRIMINAL
   16  PROCEDURE  LAW, SUMMON OR ARREST, AND BRING BEFORE A COURT OR MAGISTRATE
   17  HAVING JURISDICTION, ANY PERSON OFFENDING AGAINST ANY OF THE  PROVISIONS
   18  OF  THIS  ARTICLE.    ANY  OFFICER OR AGENT OF ANY OF SAID SOCIETIES MAY
   19  LAWFULLY INTERFERE TO PREVENT THE PERPETRATION OF  ANY  ACT  OF  CRUELTY
   20  UPON ANY ANIMAL IN HIS OR HER PRESENCE. ANY OF SAID SOCIETIES MAY PREFER
   21  A  COMPLAINT  BEFORE  ANY COURT, TRIBUNAL OR MAGISTRATE HAVING JURISDIC-
   22  TION, FOR THE VIOLATION OF ANY LAW RELATING TO OR AFFECTING ANIMALS  AND
   23  MAY  AID  IN PRESENTING THE LAW AND FACTS BEFORE SUCH COURT, TRIBUNAL OR
   24  MAGISTRATE IN ANY PROCEEDING TAKEN.
   25  S 236.27 ISSUANCE OF WARRANTS UPON COMPLAINT.
   26    UPON COMPLAINT UNDER OATH OR AFFIRMATION TO ANY MAGISTRATE  AUTHORIZED
   27  TO  ISSUE  WARRANTS IN CRIMINAL CASES, THAT THE COMPLAINANT HAS JUST AND
   28  REASONABLE CAUSE TO SUSPECT THAT ANY OF THE PROVISIONS OF  LAW  RELATING
   29  TO OR IN ANY WAY AFFECTING ANIMALS ARE BEING OR ARE ABOUT TO BE VIOLATED
   30  IN  ANY  PARTICULAR BUILDING OR PLACE, SUCH MAGISTRATE SHALL IMMEDIATELY
   31  ISSUE AND DELIVER A WARRANT TO ANY PERSON  AUTHORIZED  BY  LAW  TO  MAKE
   32  ARRESTS  FOR  SUCH  OFFENSES, AUTHORIZING HIM OR HER TO ENTER AND SEARCH
   33  SUCH BUILDING OR PLACE, AND TO ARREST ANY  PERSON  THERE  PRESENT  FOUND
   34  VIOLATING  ANY OF SAID LAWS, AND TO BRING SUCH PERSON BEFORE THE NEAREST
   35  MAGISTRATE OF COMPETENT JURISDICTION, TO BE DEALT WITH ACCORDING TO LAW.
   36  S 236.28 SEIZURE  OF  ANIMALS  LOST,  STRAYED,  HOMELESS,  ABANDONED  OR
   37             IMPROPERLY CONFINED OR KEPT.
   38    1.  ANY POLICE OFFICER OR AGENT OR OFFICER OF THE AMERICAN SOCIETY FOR
   39  THE PREVENTION OF CRUELTY TO ANIMALS OR ANY  DULY  INCORPORATED  SOCIETY
   40  FOR  THE  PREVENTION OF CRUELTY TO ANIMALS, MAY LAWFULLY TAKE POSSESSION
   41  OF ANY LOST, STRAYED, HOMELESS OR ABANDONED ANIMAL FOUND IN ANY  STREET,
   42  ROAD OR OTHER PUBLIC PLACE.
   43    2.  ANY POLICE OFFICER IN LEWIS COUNTY MAY LAWFULLY TAKE POSSESSION OF
   44  ANY LOST, STRAYED, HOMELESS OR ABANDONED DOMESTIC ANIMAL, AS DEFINED  IN
   45  SECTION  ONE  HUNDRED EIGHT OF THE AGRICULTURE AND MARKETS LAW, FOUND IN
   46  ANY STREET, ROAD OR OTHER PUBLIC PLACE.
   47    3. ANY SUCH POLICE OFFICER OR AGENT OR OFFICER MAY ALSO LAWFULLY  TAKE
   48  POSSESSION  OF  ANY  ANIMAL IN OR UPON ANY PREMISES OTHER THAN A STREET,
   49  ROAD OR OTHER PUBLIC PLACE, WHICH FOR MORE THAN TWELVE SUCCESSIVE  HOURS
   50  HAS  BEEN  CONFINED  OR  KEPT  IN A CROWDED OR UNHEALTHY CONDITION OR IN
   51  UNHEALTHFUL OR UNSANITARY SURROUNDINGS OR  NOT  PROPERLY  CARED  FOR  OR
   52  WITHOUT  NECESSARY  SUSTENANCE, FOOD OR DRINK, PROVIDED THAT A COMPLAINT
   53  STATING JUST AND REASONABLE GROUNDS IS MADE UNDER OATH OR AFFIRMATION TO
   54  ANY MAGISTRATE AUTHORIZED TO ISSUE WARRANTS IN CRIMINAL CASES, AND  THAT
   55  SUCH  WARRANT  AUTHORIZING  ENTRY  AND SEARCH IS ISSUED AND DELIVERED BY
       A. 893                             14
    1  SUCH MAGISTRATE; IF JUST AND REASONABLE CAUSE IS SHOWN,  THE  MAGISTRATE
    2  SHALL IMMEDIATELY ISSUE SUCH WARRANT.
    3    4.  ANY SUCH POLICE OFFICER OR AGENT OR OFFICER MAY ALSO LAWFULLY TAKE
    4  POSSESSION OF ANY UNWANTED ANIMAL  FROM  THE  PERSON  IN  POSSESSION  OR
    5  CUSTODY THEREOF.
    6    5.  WHEN ANY PERSON ARRESTED IS, AT THE TIME OF SUCH ARREST, IN CHARGE
    7  OF ANY ANIMAL OR OF ANY VEHICLE DRAWN BY OR CONTAINING ANY  ANIMAL,  ANY
    8  AGENT  OR OFFICER OF SAID SOCIETY OR SOCIETIES OR ANY POLICE OFFICER MAY
    9  TAKE CHARGE OF SUCH ANIMAL AND OF SUCH VEHICLE  AND  ITS  CONTENTS,  AND
   10  DEPOSIT  THE  SAME  IN A SAFE PLACE OR CUSTODY, OR DELIVER THE SAME INTO
   11  THE POSSESSION OF THE POLICE OR SHERIFF OF THE COUNTY OR  PLACE  WHEREIN
   12  SUCH  ARREST  WAS  MADE, WHO SHALL THEREUPON ASSUME THE CUSTODY THEREOF;
   13  AND ALL NECESSARY EXPENSES INCURRED IN TAKING CHARGE  OF  SUCH  PROPERTY
   14  SHALL BE A CHARGE THEREON.
   15    6.  NOTHING  HEREIN  CONTAINED  SHALL  RESTRICT  THE RIGHTS AND POWERS
   16  DERIVED FROM SECTION ONE HUNDRED EIGHTEEN OF THE AGRICULTURE AND MARKETS
   17  LAW RELATING TO SEIZURE OF UNLICENSED DOGS AND  THE  DISPOSITION  TO  BE
   18  MADE  OF  ANIMALS  SO  SEIZED OR TAKEN, NOR THOSE DERIVED FROM ANY OTHER
   19  GENERAL OR SPECIAL LAW RELATING TO THE SEIZURE OR OTHER TAKING  OF  DOGS
   20  AND OTHER ANIMALS BY A SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.
   21    7.  (A)  IF  ANY  ANIMAL  IS  SEIZED  AND  IMPOUNDED  PURSUANT  TO THE
   22  PROVISIONS OF THIS SECTION OR SECTION 236.30 OF  THIS  ARTICLE  FOR  ANY
   23  VIOLATION OF THIS ARTICLE, UPON ARRAIGNMENT OF CHARGES THE DULY INCORPO-
   24  RATED  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY,
   25  POUND, ANIMAL SHELTER OR  ANY  AUTHORIZED  AGENTS  THEREOF,  HEREINAFTER
   26  REFERRED  TO  FOR THE PURPOSES OF THIS SECTION AS THE "IMPOUNDING ORGAN-
   27  IZATION", MAY FILE A PETITION WITH THE COURT REQUESTING THAT THE  PERSON
   28  FROM  WHOM  AN ANIMAL IS SEIZED OR THE OWNER OF THE ANIMAL BE ORDERED TO
   29  POST A SECURITY. THE SECURITY SHALL BE IN AN AMOUNT SUFFICIENT TO SECURE
   30  PAYMENT FOR ALL REASONABLE EXPENSES  EXPECTED  TO  BE  INCURRED  BY  THE
   31  IMPOUNDING  ORGANIZATION  IN CARING AND PROVIDING FOR THE ANIMAL PENDING
   32  DISPOSITION OF THE CHARGES.  REASONABLE EXPENSES SHALL INCLUDE, BUT  NOT
   33  BE  LIMITED TO, ESTIMATED MEDICAL CARE AND BOARDING OF THE ANIMAL FOR AT
   34  LEAST THIRTY DAYS. THE AMOUNT OF THE SECURITY, IF ANY, SHALL  BE  DETER-
   35  MINED  BY THE COURT AFTER TAKING INTO CONSIDERATION ALL OF THE FACTS AND
   36  CIRCUMSTANCES OF THE CASE INCLUDING, BUT NOT LIMITED TO THE  RECOMMENDA-
   37  TION  OF  THE  IMPOUNDING  ORGANIZATION  HAVING  CUSTODY AND CARE OF THE
   38  SEIZED ANIMAL AND THE COST OF CARING FOR THE ANIMAL. IF A  SECURITY  HAS
   39  BEEN POSTED IN ACCORDANCE WITH THIS SECTION, THE IMPOUNDING ORGANIZATION
   40  MAY DRAW FROM THE SECURITY THE ACTUAL REASONABLE COSTS TO BE INCURRED BY
   41  SUCH ORGANIZATION IN CARING FOR THE SEIZED ANIMAL.
   42    (B)  (I)  UPON RECEIPT OF A PETITION PURSUANT TO PARAGRAPH (A) OF THIS
   43  SUBDIVISION, THE COURT SHALL  SET  A  HEARING  ON  THE  PETITION  TO  BE
   44  CONDUCTED  WITHIN  TEN BUSINESS DAYS OF THE FILING OF SUCH PETITION. THE
   45  PETITIONER SHALL SERVE A TRUE COPY OF THE PETITION  UPON  THE  DEFENDANT
   46  AND  THE  DISTRICT ATTORNEY. THE PETITIONER SHALL ALSO SERVE A TRUE COPY
   47  OF THE PETITION ON ANY INTERESTED PERSON. FOR PURPOSES OF THIS  SUBDIVI-
   48  SION,  INTERESTED  PERSON  SHALL  MEAN AN INDIVIDUAL, PARTNERSHIP, FIRM,
   49  JOINT STOCK COMPANY, CORPORATION, ASSOCIATION, TRUST,  ESTATE  OR  OTHER
   50  LEGAL  ENTITY  WHO THE COURT DETERMINES MAY HAVE A PECUNIARY INTEREST IN
   51  THE ANIMAL WHICH IS THE SUBJECT OF THE PETITION.  THE  PETITIONER  SHALL
   52  HAVE  THE  BURDEN OF PROVING BY A PREPONDERANCE OF THE EVIDENCE THAT THE
   53  PERSON FROM WHOM THE ANIMAL WAS SEIZED  VIOLATED  A  PROVISION  OF  THIS
   54  ARTICLE. THE COURT MAY WAIVE FOR GOOD CAUSE SHOWN THE POSTING OF SECURI-
   55  TY.
       A. 893                             15
    1    (II) IF THE COURT ORDERS THE POSTING OF A SECURITY, THE SECURITY SHALL
    2  BE  POSTED  WITH THE CLERK OF THE COURT WITHIN FIVE BUSINESS DAYS OF THE
    3  HEARING PROVIDED FOR IN SUBPARAGRAPH (I) OF THIS  PARAGRAPH.  THE  COURT
    4  MAY  ORDER THE IMMEDIATE FORFEITURE OF THE SEIZED ANIMAL TO THE IMPOUND-
    5  ING  ORGANIZATION IF THE PERSON ORDERED TO POST THE SECURITY FAILS TO DO
    6  SO. ANY ANIMAL FORFEITED SHALL BE MADE AVAILABLE FOR ADOPTION OR EUTHAN-
    7  IZED SUBJECT TO SUBDIVISION SEVEN-A OF SECTION ONE HUNDRED SEVENTEEN  OF
    8  THE AGRICULTURE AND MARKETS LAW OR SECTION 236.29 OF THIS ARTICLE.
    9    (III)  IN  THE CASE OF AN ANIMAL OTHER THAN A COMPANION ANIMAL OR PET,
   10  IF A PERSON ORDERED TO POST SECURITY FAILS TO DO SO, THE COURT  MAY,  IN
   11  ADDITION  TO  THE  FORFEITURE  TO  A  DULY  INCORPORATED SOCIETY FOR THE
   12  PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND, ANIMAL  SHELTER
   13  OR  ANY  AUTHORIZED  AGENTS  THEREOF, AND SUBJECT TO THE RESTRICTIONS OF
   14  SECTIONS 236.06, 236.09 AND 236.29 OF THIS  ARTICLE,  ORDER  THE  ANIMAL
   15  WHICH  WAS  THE  BASIS OF THE ORDER TO BE SOLD, PROVIDED THAT ALL INTER-
   16  ESTED PERSONS SHALL FIRST BE PROVIDED THE OPPORTUNITY  TO  REDEEM  THEIR
   17  INTEREST  IN  THE  ANIMAL  AND  TO  PURCHASE  THE INTEREST OF THE PERSON
   18  ORDERED TO POST SECURITY, SUBJECT TO SUCH CONDITIONS AS THE COURT  DEEMS
   19  APPROPRIATE TO ASSURE PROPER CARE AND TREATMENT OF THE ANIMAL. THE COURT
   20  MAY  REIMBURSE  THE  PERSON  ORDERED TO POST SECURITY AND ANY INTERESTED
   21  PERSONS ANY MONEY EARNED BY THE  SALE  OF  THE  ANIMAL  LESS  ANY  COSTS
   22  INCLUDING, BUT NOT LIMITED TO, VETERINARY AND CUSTODIAL CARE. ANY ANIMAL
   23  DETERMINED BY THE COURT TO BE MAIMED, DISEASED, DISABLED OR INFIRM SO AS
   24  TO  BE UNFIT FOR SALE OR ANY USEFUL PURPOSE SHALL BE FORFEITED TO A DULY
   25  INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR A  DULY
   26  INCORPORATED  HUMANE SOCIETY OR AUTHORIZED AGENTS THEREOF, AND BE AVAIL-
   27  ABLE FOR ADOPTION OR SHALL BE EUTHANIZED SUBJECT TO  SECTION  236.29  OF
   28  THIS ARTICLE.
   29    (IV)  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT
   30  IN ANY WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY  INTEREST  IN
   31  ANY  ANIMAL  DESCRIBED IN THIS SECTION.  THIS SECTION EXPRESSLY DOES NOT
   32  IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
   33  RITY INTEREST IN THE ANIMAL OR IN THE PROCEEDS FROM  THE  SALE  OF  SUCH
   34  ANIMAL.
   35    (C) IN NO EVENT SHALL THE SECURITY PREVENT THE IMPOUNDING ORGANIZATION
   36  HAVING  CUSTODY  AND  CARE  OF  THE  ANIMAL FROM DISPOSING OF THE ANIMAL
   37  PURSUANT TO SECTION 236.29 OF THIS ARTICLE PRIOR TO  THE  EXPIRATION  OF
   38  THE  THIRTY  DAY  PERIOD  COVERED  BY  THE SECURITY IF THE COURT MAKES A
   39  DETERMINATION OF THE CHARGES AGAINST THE PERSON FROM WHOM THE ANIMAL WAS
   40  SEIZED PRIOR THERETO. UPON RECEIPT OF A  PETITION  FROM  THE  IMPOUNDING
   41  ORGANIZATION,  THE  COURT  MAY ORDER THE PERSON FROM WHOM THE ANIMAL WAS
   42  SEIZED OR THE OWNER OF THE ANIMAL TO POST AN  ADDITIONAL  SECURITY  WITH
   43  THE  CLERK  OF THE COURT TO SECURE PAYMENT OF REASONABLE EXPENSES FOR AN
   44  ADDITIONAL PERIOD OF TIME PENDING A DETERMINATION BY THE  COURT  OF  THE
   45  CHARGES  AGAINST  THE PERSON FROM WHOM THE ANIMAL WAS SEIZED. THE PERSON
   46  WHO POSTED THE SECURITY SHALL BE ENTITLED TO A REFUND OF THE SECURITY IN
   47  WHOLE OR PART FOR ANY EXPENSES NOT INCURRED BY SUCH IMPOUNDING ORGANIZA-
   48  TION UPON ADJUDICATION OF THE CHARGES. THE PERSON WHO POSTED THE SECURI-
   49  TY SHALL BE ENTITLED  TO  A  FULL  REFUND  OF  THE  SECURITY,  INCLUDING
   50  REIMBURSEMENT  BY  THE  IMPOUNDING ORGANIZATION OF ANY AMOUNT ALLOWED BY
   51  THE COURT TO BE EXPENDED, AND  THE  RETURN  OF  THE  ANIMAL  SEIZED  AND
   52  IMPOUNDED  UPON  ACQUITTAL OR DISMISSAL OF THE CHARGES, EXCEPT WHERE THE
   53  DISMISSAL IS BASED UPON AN ADJOURNMENT  IN  CONTEMPLATION  OF  DISMISSAL
   54  PURSUANT  TO  SECTION  215.30  OF  THE CRIMINAL PROCEDURE LAW. THE COURT
   55  ORDER DIRECTING SUCH REFUND AND REIMBURSEMENT SHALL PROVIDE FOR  PAYMENT
       A. 893                             16
    1  TO  BE  MADE WITHIN A REASONABLE TIME FROM THE ACQUITTAL OR DISMISSAL OF
    2  CHARGES.
    3    8.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
    4  RY, THE COURT MAY ORDER A PERSON CHARGED  WITH  ANY  VIOLATION  OF  THIS
    5  ARTICLE  TO  PROVIDE  NECESSARY  FOOD,  WATER,  SHELTER AND CARE FOR ANY
    6  ANIMAL WHICH IS THE BASIS OF THE CHARGE,  WITHOUT  THE  REMOVAL  OF  THE
    7  ANIMAL  FROM ITS EXISTING LOCATION, UNTIL THE CHARGES AGAINST THE PERSON
    8  ARE ADJUDICATED. UNTIL A FINAL DETERMINATION OF THE CHARGES IS MADE, ANY
    9  LAW ENFORCEMENT OFFICER, OFFICER OF A DULY INCORPORATED SOCIETY FOR  THE
   10  PREVENTION  OF  CRUELTY  TO  ANIMALS,  OR  ITS AUTHORIZED AGENTS, MAY BE
   11  AUTHORIZED BY AN ORDER OF THE COURT TO MAKE REGULAR VISITS TO WHERE  THE
   12  ANIMAL  IS  BEING KEPT TO ASCERTAIN IF THE ANIMAL IS RECEIVING NECESSARY
   13  FOOD, WATER, SHELTER AND CARE. NOTHING SHALL PREVENT ANY LAW ENFORCEMENT
   14  OFFICER, OFFICER OF A DULY INCORPORATED SOCIETY FOR  THE  PREVENTION  OF
   15  CRUELTY  TO  ANIMALS,  OR  ITS  AUTHORIZED  AGENTS,  FROM APPLYING FOR A
   16  WARRANT PURSUANT TO THIS SECTION TO SEIZE ANY ANIMAL BEING HELD  BY  THE
   17  PERSON  CHARGED  PENDING THE ADJUDICATION OF THE CHARGES IF IT IS DETER-
   18  MINED THAT THE ANIMAL IS NOT RECEIVING THE NECESSARY FOOD, WATER,  SHEL-
   19  TER OR CARE.
   20  S 236.29 HUMANE  DESTRUCTION  OR  OTHER  DISPOSITION  OF  ANIMALS  LOST,
   21             STRAYED, HOMELESS, ABANDONED OR IMPROPERLY CONFINED OR KEPT.
   22    1. ANY AGENT OR OFFICER OF THE AMERICAN SOCIETY FOR THE PREVENTION  OF
   23  CRUELTY  TO  ANIMALS,  OR  OF  ANY  SOCIETY  DULY  INCORPORATED FOR THAT
   24  PURPOSE, OR ANY POLICE OFFICER, MAY LAWFULLY  AND  HUMANELY  DESTROY  OR
   25  CAUSE  TO BE HUMANELY DESTROYED ANY ANIMAL FOUND ABANDONED AND NOT PROP-
   26  ERLY CARED FOR, OR ANY LOST, STRAYED, HOMELESS OR  UNWANTED  ANIMAL,  IF
   27  UPON EXAMINATION A LICENSED VETERINARY SURGEON SHALL CERTIFY IN WRITING,
   28  OR  IF  TWO  REPUTABLE CITIZENS CALLED BY HIM OR HER TO VIEW THE SAME IN
   29  HIS OR HER PRESENCE FIND THAT THE ANIMAL IS SO MAIMED,  DISEASED,  DISA-
   30  BLED,  OR INFIRM SO AS TO BE UNFIT FOR ANY USEFUL PURPOSE; OR AFTER SUCH
   31  AGENT OR OFFICER HAS OBTAINED IN WRITING FROM THE OWNER OF  SUCH  ANIMAL
   32  HIS OR HER CONSENT TO SUCH DESTRUCTION.
   33    2. IN THE ABSENCE OF SUCH FINDINGS OR CERTIFICATE THE AMERICAN SOCIETY
   34  FOR  THE  PREVENTION  OF CRUELTY TO ANIMALS OR ANY SOCIETY DULY INCORPO-
   35  RATED FOR THAT PURPOSE MAY AFTER FIVE DAYS HUMANELY DESTROY  ANY  ANIMAL
   36  OF  WHICH  POSSESSION IS TAKEN AS PROVIDED FOR IN SECTION 236.28 OF THIS
   37  ARTICLE, UNLESS THE SAME IS EARLIER REDEEMED BY ITS OWNER.
   38    2-A. THE USE OF A DECOMPRESSION CHAMBER OR DECOMPRESSION DEVICE OF ANY
   39  KIND IS HEREBY DECLARED TO BE INHUMANE WHEN  USED  FOR  THE  PURPOSE  OF
   40  DESTROYING AN ANIMAL AND IS HEREBY PROHIBITED.
   41    2-B.  NO  PERSON SHALL EUTHANIZE ANY DOG OR CAT WITH T-61, CURARE, ANY
   42  CURARIFORM DRUG, ANY NEURO-MUSCULAR BLOCKING AGENT OR ANY OTHER PARALYZ-
   43  ING DRUG.
   44    2-C. NO PERSON SHALL EUTHANIZE A DOG OR CAT BY GUNSHOT  EXCEPT  AS  AN
   45  EMERGENCY PROCEDURE FOR A DANGEROUS DOG OR A SEVERELY INJURED DOG OR CAT
   46  THAT IS SUFFERING AND CANNOT OTHERWISE BE AIDED.
   47    2-D.  NO  PERSON  SHALL EUTHANIZE A DOG OR CAT BY GAS EMITTED FROM ANY
   48  ENGINE EXHAUST SYSTEM.
   49    2-E. NO PERSON SHALL RELEASE ANY  DOG  OR  CAT  FROM  THE  CUSTODY  OR
   50  CONTROL  OF ANY POUND, SHELTER, SOCIETY FOR THE PREVENTION OF CRUELTY TO
   51  ANIMALS, HUMANE SOCIETY, DOG PROTECTIVE ASSOCIATION, DOG  CONTROL  OFFI-
   52  CER, PEACE OFFICER OR ANY AGENT THEREOF, FOR ANY PURPOSE EXCEPT ADOPTION
   53  OR REDEMPTION BY ITS OWNER.
   54    ANY  VIOLATION OF THIS SUBDIVISION, OR SUBDIVISION TWO-A, TWO-B, TWO-C
   55  OR TWO-D OF THIS SECTION SHALL CONSTITUTE A  MISDEMEANOR  AND  SHALL  BE
       A. 893                             17
    1  PUNISHABLE  BY  IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF
    2  NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
    3    3.  IN LIEU OF SUCH DESTRUCTION OR REDEMPTION, SUCH SOCIETY MAY IN ITS
    4  DISCRETION LAWFULLY  AND  WITHOUT  LIABILITY  DELIVER  SUCH  ANIMAL  FOR
    5  ADOPTION  TO  AN  INDIVIDUAL  OTHER  THAN  THE  OWNER AFTER THE TIME FOR
    6  REDEMPTION HAS EXPIRED.
    7    4. PRIOR TO SUCH DESTRUCTION OR OTHER DISPOSITION, THE  OWNER  OF  THE
    8  ANIMAL  MAY  REDEEM  THE  SAME UPON PROVING TITLE TO THE SATISFACTION OF
    9  SUCH SOCIETY AND PAYING SUCH SOCIETY SUCH AMOUNT, APPROVED BY  A  MAGIS-
   10  TRATE,  AS  MAY  HAVE  BEEN  REASONABLY  EXPENDED  BY  SUCH  SOCIETY  IN
   11  CONNECTION WITH THE CARE AND MAINTENANCE THEREOF.
   12    5. (A) IN  ADDITION  TO  ANY  OTHER  PENALTY  PROVIDED  BY  LAW,  UPON
   13  CONVICTION  FOR ANY VIOLATION OF SECTION 236.01, 236.02, 236.03, 236.04,
   14  236.07, 236.08, 236.12, 236.14, 236.15, 236.19 OR 236.23 OF  THIS  ARTI-
   15  CLE,  THE  CONVICTED  PERSON  MAY, AFTER A DULY HELD HEARING PURSUANT TO
   16  PARAGRAPH (F) OF THIS SUBDIVISION, BE ORDERED BY THE COURT  TO  FORFEIT,
   17  TO  A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
   18  OR A DULY INCORPORATED HUMANE SOCIETY OR AUTHORIZED AGENTS THEREOF,  THE
   19  ANIMAL  OR  ANIMALS  WHICH ARE THE BASIS OF THE CONVICTION. UPON SUCH AN
   20  ORDER OF FORFEITURE, THE CONVICTED PERSON SHALL BE DEEMED TO HAVE RELIN-
   21  QUISHED ALL RIGHTS TO THE ANIMALS WHICH ARE THE BASIS OF THE CONVICTION,
   22  EXCEPT THOSE GRANTED IN PARAGRAPH (D) OF THIS SUBDIVISION.
   23    (B) PURSUANT TO THE PROVISIONS OF SUBDIVISIONS TWO-A, TWO-B, TWO-C AND
   24  TWO-D OF THIS SECTION, NO DOG OR CAT IN THE CUSTODY OF A  DULY  INCORPO-
   25  RATED  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPO-
   26  RATED HUMANE SOCIETY OR ITS AUTHORIZED AGENTS THEREOF,  OR  A  POUND  OR
   27  SHELTER,  SHALL  BE SOLD, TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY
   28  PERSON FOR THE PURPOSE  OF  RESEARCH,  EXPERIMENTATION  OR  TESTING.  NO
   29  AUTHORIZED  AGENT  OF  A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF
   30  CRUELTY TO ANIMALS, NOR OF A DULY INCORPORATED HUMANE SOCIETY, SHALL USE
   31  ANY ANIMAL PLACED IN ITS CUSTODY BY THE DULY  INCORPORATED  SOCIETY  FOR
   32  THE PREVENTION OF CRUELTY TO ANIMALS OR DULY INCORPORATED HUMANE SOCIETY
   33  FOR THE PURPOSE OF RESEARCH, EXPERIMENTATION OR TESTING.
   34    (C)  THE COURT MAY ADDITIONALLY ORDER THAT THE CONVICTED PERSON OR ANY
   35  PERSON DWELLING IN THE SAME HOUSEHOLD WHO CONSPIRED, AIDED OR ABETTED IN
   36  THE UNLAWFUL ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO  KNEW  OR
   37  SHOULD  HAVE  KNOWN  OF THE UNLAWFUL ACT, SHALL NOT OWN, HARBOR, OR HAVE
   38  CUSTODY OR CONTROL OF ANY OTHER ANIMALS, OTHER THAN FARM ANIMALS, FOR  A
   39  PERIOD OF TIME WHICH THE COURT DEEMS REASONABLE.
   40    (D)  IN  THE  CASE  OF FARM ANIMALS, THE COURT MAY, IN ADDITION TO THE
   41  FORFEITURE TO A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF  CRUELTY
   42  TO  ANIMALS  OR  A DULY INCORPORATED HUMANE SOCIETY OR AUTHORIZED AGENTS
   43  THEREOF, AND SUBJECT TO THE RESTRICTIONS OF SECTIONS 236.06  AND  236.09
   44  OF  THIS  ARTICLE,  ORDER  THE  FARM ANIMALS WHICH WERE THE BASIS OF THE
   45  CONVICTION TO BE SOLD. IN NO CASE SHALL FARM ANIMALS WHICH ARE THE BASIS
   46  OF THE CONVICTION BE REDEEMED BY THE CONVICTED PERSON WHO IS THE SUBJECT
   47  OF THE ORDER OF FORFEITURE OR BY ANY PERSON DWELLING IN THE SAME  HOUSE-
   48  HOLD  WHO  CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL ACT WHICH WAS THE
   49  BASIS OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE  UNLAW-
   50  FUL  ACT.  THE  COURT  SHALL REIMBURSE THE CONVICTED PERSON AND ANY DULY
   51  DETERMINED INTERESTED PERSONS, PURSUANT TO PARAGRAPH (F) OF THIS  SUBDI-
   52  VISION,  ANY MONEY EARNED BY THE SALE OF THE FARM ANIMALS LESS ANY COSTS
   53  INCLUDING, BUT NOT LIMITED TO, VETERINARY AND CUSTODIAL  CARE,  AND  ANY
   54  FINES  OR  PENALTIES  IMPOSED BY THE COURT. THE COURT MAY ORDER THAT THE
   55  SUBJECT ANIMALS BE PROVIDED WITH APPROPRIATE CARE AND TREATMENT  PENDING
   56  THE  HEARING AND THE DISPOSITION OF THE CHARGES. ANY FARM ANIMAL ORDERED
       A. 893                             18
    1  FORFEITED BUT NOT SOLD SHALL BE REMANDED TO THE CUSTODY AND CHARGE OF  A
    2  DULY  INCORPORATED  SOCIETY  FOR THE PREVENTION OF CRUELTY TO ANIMALS OR
    3  DULY INCORPORATED HUMANE SOCIETY OR ITS  AUTHORIZED  AGENT  THEREOF  AND
    4  DISPOSED OF PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
    5    (E)  A  DULY  INCORPORATED  SOCIETY  FOR  THE PREVENTION OF CRUELTY TO
    6  ANIMALS OR A DULY INCORPORATED  HUMANE  SOCIETY  IN  CHARGE  OF  ANIMALS
    7  FORFEITED  PURSUANT  TO  PARAGRAPH  (A)  OF THIS SUBDIVISION MAY, IN ITS
    8  DISCRETION, LAWFULLY AND WITHOUT LIABILITY, ADOPT  THEM  TO  INDIVIDUALS
    9  OTHER  THAN  THE CONVICTED PERSON OR PERSONS DWELLING IN THE SAME HOUSE-
   10  HOLD WHO CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL ACT WHICH  WAS  THE
   11  BASIS  OF THE CONVICTION, OR WHO KNEW OR SHOULD HAVE KNOWN OF THE UNLAW-
   12  FUL ACT, OR HUMANELY DISPOSE OF THEM  ACCORDING  TO  THE  PROVISIONS  OF
   13  SUBDIVISIONS TWO-A, TWO-B, TWO-C, AND TWO-D OF THIS SECTION.
   14    (F)  (I)  PRIOR  TO  AN ORDER OF FORFEITURE OF FARM ANIMALS, A HEARING
   15  SHALL BE HELD WITHIN THIRTY DAYS OF CONVICTION, TO DETERMINE THE PECUNI-
   16  ARY INTERESTS OF ANY OTHER PERSON IN THE FARM  ANIMALS  WHICH  WERE  THE
   17  BASIS  OF  THE  CONVICTION. WRITTEN NOTICE SHALL BE SERVED AT LEAST FIVE
   18  DAYS PRIOR TO THE HEARING UPON ALL INTERESTED  PERSONS.    IN  ADDITION,
   19  NOTICE  SHALL BE MADE BY PUBLICATION IN A LOCAL NEWSPAPER AT LEAST SEVEN
   20  DAYS PRIOR TO THE HEARING. FOR THE PURPOSES OF THIS SUBDIVISION,  INTER-
   21  ESTED  PERSONS SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, FIRM, JOINT STOCK
   22  COMPANY, CORPORATION, ASSOCIATION, TRUST, ESTATE, OR OTHER LEGAL  ENTITY
   23  WHO  THE  COURT  DETERMINES  MAY  HAVE  A PECUNIARY INTEREST IN THE FARM
   24  ANIMALS WHICH ARE THE SUBJECT OF THE FORFEITURE ACTION.
   25    (II) ALL INTERESTED PERSONS SHALL BE PROVIDED AN  OPPORTUNITY  AT  THE
   26  HEARING  TO  REDEEM  THEIR  INTEREST  AS  DETERMINED BY THE COURT IN THE
   27  SUBJECT FARM ANIMALS AND TO  PURCHASE  THE  INTEREST  OF  THE  CONVICTED
   28  PERSON.  THE  CONVICTED PERSON SHALL BE ENTITLED TO BE REIMBURSED HIS OR
   29  HER INTEREST IN THE FARM ANIMALS, LESS ANY  COSTS,  FINES  OR  PENALTIES
   30  IMPOSED  BY THE COURT, AS SPECIFIED UNDER PARAGRAPH (D) OF THIS SUBDIVI-
   31  SION. IN NO CASE SHALL THE COURT AWARD CUSTODY OR CONTROL OF THE ANIMALS
   32  TO ANY INTERESTED PERSON WHO CONSPIRED, AIDED OR ABETTED IN THE UNLAWFUL
   33  ACT WHICH WAS THE BASIS OF THE CONVICTION, OR WHO KNEW  OR  SHOULD  HAVE
   34  KNOWN OF THE UNLAWFUL ACT.
   35    (G) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT IN
   36  ANY  WAY THE RIGHTS OF A SECURED PARTY HAVING A SECURITY INTEREST IN ANY
   37  FARM ANIMAL DESCRIBED IN THIS SECTION. THIS SECTION EXPRESSLY  DOES  NOT
   38  IMPAIR OR SUBORDINATE THE RIGHTS OF SUCH A SECURED LENDER HAVING A SECU-
   39  RITY  INTEREST  IN FARM ANIMALS OR IN THE PROCEEDS FROM THE SALE OF SUCH
   40  FARM ANIMALS.
   41  S 236.30 OFFICER MAY TAKE POSSESSION OF ANIMALS OR  IMPLEMENTS  USED  IN
   42             FIGHTS AMONG ANIMALS.
   43    ANY  OFFICER  AUTHORIZED  BY  LAW  TO  MAKE  ARRESTS MAY LAWFULLY TAKE
   44  POSSESSION OF ANY ANIMALS, OR IMPLEMENTS,  OR  OTHER  PROPERTY  USED  OR
   45  EMPLOYED,  OR  ABOUT  TO  BE  USED  OR EMPLOYED, IN THE VIOLATION OF ANY
   46  PROVISION OF LAW RELATING TO FIGHTS AMONG ANIMALS. HE OR SHE SHALL STATE
   47  TO THE PERSON IN CHARGE THEREOF, AT THE TIME OF SUCH TAKING, HIS OR  HER
   48  NAME  AND  RESIDENCE, AND ALSO, THE TIME AND PLACE AT WHICH THE APPLICA-
   49  TION PROVIDED FOR BY SECTION 236.31 OF THIS ARTICLE WILL BE MADE.
   50  S 236.31 DISPOSITION OF ANIMALS  OR  IMPLEMENTS  USED  IN  FIGHTS  AMONG
   51             ANIMALS.
   52    THE  OFFICER,  AFTER TAKING POSSESSION OF SUCH ANIMALS, OR IMPLEMENTS,
   53  OR OTHER PROPERTY, PURSUANT TO SECTION 236.30  OF  THIS  ARTICLE,  SHALL
   54  APPLY TO THE MAGISTRATE BEFORE WHOM COMPLAINT IS MADE AGAINST THE OFFEN-
   55  DER  VIOLATING  SUCH  PROVISION OF LAW, FOR THE ORDER AUTHORIZED BY THIS
   56  SECTION, AND SHALL MAKE AND FILE  AN  AFFIDAVIT  WITH  SUCH  MAGISTRATE,
       A. 893                             19
    1  STATING  THEREIN THE NAME OF THE OFFENDER CHARGED IN SUCH COMPLAINT, THE
    2  TIME, PLACE AND DESCRIPTION OF THE ANIMALS, IMPLEMENTS OR OTHER PROPERTY
    3  SO TAKEN, TOGETHER WITH THE NAME OF THE PARTY WHO CLAIMS  THE  SAME,  IF
    4  KNOWN,  AND  THAT  THE  AFFIANT  HAS REASON TO BELIEVE AND DOES BELIEVE,
    5  STATING THE GROUNDS OF SUCH BELIEF, THAT THE SAME WERE USED OR EMPLOYED,
    6  OR WERE ABOUT TO BE USED OR EMPLOYED, IN SUCH VIOLATION, AND WILL ESTAB-
    7  LISH THE TRUTH THEREOF UPON THE TRIAL OF SUCH OFFENDER. HE OR SHE  SHALL
    8  THEN DELIVER SUCH ANIMALS, IMPLEMENTS, OR OTHER PROPERTY, TO SUCH MAGIS-
    9  TRATE,  WHO  SHALL THEREUPON, BY ORDER IN WRITING, PLACE THE SAME IN THE
   10  CUSTODY OF AN OFFICER OR OTHER PROPER PERSON IN  SUCH  ORDER  NAMED  AND
   11  DESIGNATED,  TO BE BY HIM OR HER KEPT UNTIL THE TRIAL OR FINAL DISCHARGE
   12  OF THE OFFENDER, AND SHALL SEND A COPY OF SUCH ORDER, WITHOUT DELAY,  TO
   13  THE  DISTRICT ATTORNEY OF THE COUNTY. THE OFFICER OR PERSON SO NAMED AND
   14  DESIGNATED IN SUCH ORDER, SHALL IMMEDIATELY THEREUPON ASSUME SUCH CUSTO-
   15  DY, AND SHALL RETAIN THE SAME FOR THE  PURPOSE  OF  EVIDENCE  UPON  SUCH
   16  TRIAL,  SUBJECT TO THE ORDER OF THE COURT BEFORE WHICH SUCH OFFENDER MAY
   17  BE REQUIRED TO APPEAR, UNTIL HIS OR HER FINAL DISCHARGE  OR  CONVICTION.
   18  UPON  THE CONVICTION OF SUCH OFFENDER, THE ANIMALS, IMPLEMENTS, OR OTHER
   19  PROPERTY, SHALL BE ADJUDGED BY THE COURT TO BE FORFEITED. IN  THE  EVENT
   20  OF  THE ACQUITTAL OR FINAL DISCHARGE, WITHOUT CONVICTION, OF SUCH OFFEN-
   21  DER, SUCH COURT SHALL, ON DEMAND, DIRECT THE DELIVERY OF THE PROPERTY SO
   22  HELD IN CUSTODY TO THE OWNER THEREOF.
   23  S 236.32 DISPOSAL OF DEAD ANIMALS.
   24    1. THE CARCASSES OF LARGE DOMESTIC ANIMALS, INCLUDING BUT NOT  LIMITED
   25  TO  HORSES,  COWS, SHEEP, SWINE, GOATS AND MULES, WHICH HAVE DIED OTHER-
   26  WISE THAN BY SLAUGHTER, SHALL BE BURIED AT LEAST THREE  FEET  BELOW  THE
   27  SURFACE  OF  THE GROUND OR OTHERWISE DISPOSED OF IN A SANITARY MANNER BY
   28  THE OWNER OF SUCH ANIMALS, WHETHER THE  CARCASSES  ARE  LOCATED  ON  THE
   29  PREMISES  OF  SUCH  OWNER OR ELSEWHERE. SUCH DISPOSAL SHALL BE COMPLETED
   30  WITHIN SEVENTY-TWO HOURS AFTER THE OWNER IS DIRECTED TO  DO  SO  BY  ANY
   31  PEACE  OFFICER,  ACTING  PURSUANT  TO  HIS OR HER SPECIAL DUTIES, POLICE
   32  OFFICER, OR BY A DESIGNATED REPRESENTATIVE OF THE COMMISSIONER OF  AGRI-
   33  CULTURE AND MARKETS.
   34    2.  NOTWITHSTANDING  SECTION  FORTY-ONE OF THE AGRICULTURE AND MARKETS
   35  LAW, ANY VIOLATION OF THIS SECTION SHALL CONSTITUTE  A  VIOLATION.  THIS
   36  SECTION  SHALL  NOT  APPLY  TO ANIMAL CARCASSES USED FOR EXPERIMENTAL OR
   37  TEACHING PURPOSES.
   38  S 236.33 SPAYING AND NEUTERING OF DOGS AND CATS.
   39    1. THE LEGISLATURE FINDS THAT THE UNCONTROLLED BREEDING  OF  DOGS  AND
   40  CATS  IN  THE  STATE RESULTS IN AN OVERABUNDANCE OF PUPPIES AND KITTENS.
   41  MORE PUPPIES AND KITTENS ARE PRODUCED THAN RESPONSIBLE  HOMES  FOR  THEM
   42  CAN  BE  PROVIDED. THIS LEADS TO MANY OF SUCH ANIMALS BECOMING STRAY AND
   43  SUFFERING PRIVATION AND DEATH, BEING IMPOUNDED AND  DESTROYED  AT  GREAT
   44  EXPENSE  TO  THE COMMUNITY AND CONSTITUTING A PUBLIC NUISANCE AND HEALTH
   45  HAZARD. IT IS THEREFORE DECLARED TO BE THE PUBLIC POLICY OF  THIS  STATE
   46  THAT  EVERY FEASIBLE HUMANE MEANS OF REDUCING THE PRODUCTION OF UNWANTED
   47  PUPPIES AND KITTENS BE ENCOURAGED.
   48    2. NO ANIMAL SHELTER, POUND, DOG CONTROL OFFICER, HUMANE SOCIETY,  DOG
   49  OR  CAT  PROTECTIVE  ASSOCIATION,  OR  DULY INCORPORATED SOCIETY FOR THE
   50  PREVENTION OF CRUELTY TO ANIMALS  SHALL  RELEASE  ANY  DOG  OR  CAT  FOR
   51  ADOPTION TO ANY PERSON UNLESS PRIOR THERETO:
   52    (A) THE DOG OR CAT HAS BEEN SPAYED OR NEUTERED; OR
   53    (B) THE PERSON INTENDING TO ADOPT THE DOG OR CAT SHALL HAVE EXECUTED A
   54  WRITTEN  AGREEMENT  WITH THE ANIMAL SHELTER, POUND, DOG CONTROL OFFICER,
   55  HUMANE SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION, OR DULY  INCORPORATED
   56  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, TO HAVE THE DOG OR CAT
       A. 893                             20
    1  SPAYED  OR NEUTERED WITHIN THIRTY DAYS FROM THE ADOPTION DATE, OR IN THE
    2  CASE OF A DOG OR CAT WHICH HAS NOT YET REACHED SEXUAL  MATURITY,  WITHIN
    3  THIRTY  DAYS  OF  THE  DOG OR CAT REACHING SIX MONTHS OF AGE. THE PERSON
    4  INTENDING TO ADOPT THE DOG OR CAT SHALL DEPOSIT WITH THE ANIMAL SHELTER,
    5  POUND,  DOG CONTROL OFFICER, HUMANE SOCIETY, DOG OR CAT PROTECTIVE ASSO-
    6  CIATION, OR DULY INCORPORATED SOCIETY FOR THE PREVENTION OF  CRUELTY  TO
    7  ANIMALS,  AN AMOUNT OF NOT LESS THAN THIRTY-FIVE DOLLARS.  NOT MORE THAN
    8  EVERY TWO YEARS, THE COMMISSIONER  OF  AGRICULTURE  AND  MARKETS,  AFTER
    9  HOLDING  A  PUBLIC  HEARING,  MAY  RAISE  THE  AMOUNT TO BE DEPOSITED TO
   10  REFLECT RISING COSTS; OR
   11    (C) THE PERSON INTENDING TO ADOPT THE DOG OR CAT SHALL HAVE EXECUTED A
   12  WRITTEN AGREEMENT WITH THE ANIMAL SHELTER, POUND, DOG  CONTROL  OFFICER,
   13  HUMANE  SOCIETY,  DOG  OR  CAT PROTECTIVE ASSOCIATION OR SOCIETY FOR THE
   14  PREVENTION OF CRUELTY TO ANIMALS TO  HAVE  THE  DOG  OR  CAT  SPAYED  OR
   15  NEUTERED  WITHIN THIRTY DAYS FROM THE ADOPTION DATE, OR IN THE CASE OF A
   16  DOG OR CAT WHICH HAS NOT YET REACHED SEXUAL MATURITY, WITHIN THIRTY DAYS
   17  OF THE DOG OR CAT REACHING SIX MONTHS OF AGE. THE  PERSON  INTENDING  TO
   18  ADOPT  THE DOG OR CAT SHALL HAVE PAID AN ADOPTION FEE WHICH INCLUDES THE
   19  COST OF THE SPAY  OR  NEUTER  PROCEDURE.  THE  WRITTEN  AGREEMENT  SHALL
   20  REQUIRE  THAT  THE  ANIMAL  SHELTER,  POUND, DOG CONTROL OFFICER, HUMANE
   21  SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION OR SOCIETY FOR THE PREVENTION
   22  OF CRUELTY TO ANIMALS FROM WHICH THE DOG OR CAT IS ADOPTED BEAR THE COST
   23  OF THE SPAY OR NEUTER PROCEDURE.
   24    3. FOR THE PURPOSES OF THIS SECTION, THE AGE OF THE ANIMAL AT THE TIME
   25  OF ADOPTION SHALL BE  DETERMINED  BY  THE  ANIMAL  SHELTER,  POUND,  DOG
   26  CONTROL  OFFICER,  HUMANE SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION, OR
   27  DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS  THAT
   28  RELEASES  THE  ANIMAL FOR ADOPTION AND SUCH AGE SHALL BE CLEARLY WRITTEN
   29  ON THE WRITTEN AGREEMENT BY THE ANIMAL SHELTER, POUND, DOG CONTROL OFFI-
   30  CER, HUMANE SOCIETY, DOG OR CAT PROTECTIVE ASSOCIATION, OR DULY INCORPO-
   31  RATED SOCIETY FOR THE PREVENTION OF CRUELTY TO  ANIMALS,  PRIOR  TO  THE
   32  AGREEMENT BEING EXECUTED BY THE PERSON ADOPTING THE ANIMAL.
   33    4.  ANY DEPOSIT COLLECTED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO
   34  OF  THIS  SECTION  THAT  IS  NOT  CLAIMED  WITHIN  NINETY  DAYS  OF  ITS
   35  COLLECTION,  OR IF THE DEPOSIT IS FOR AN ANIMAL UNDER SIX MONTHS OF AGE,
   36  WITHIN SIXTY DAYS AFTER THE ANIMAL HAS REACHED SIX MONTHS OF AGE,  SHALL
   37  BE  DEPOSITED IN THE ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT
   38  TO SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
   39    DEPOSITS COLLECTED PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION  TWO  OF
   40  THIS  SECTION  SHALL BE REFUNDED TO THE ADOPTER UPON PRESENTATION TO THE
   41  ANIMAL SHELTER, POUND, DOG CONTROL OFFICER, HUMANE SOCIETY, DOG AND  CAT
   42  PROTECTIVE  ASSOCIATION, OR DULY INCORPORATED SOCIETY FOR THE PREVENTION
   43  OF CRUELTY TO ANIMALS OF WRITTEN DOCUMENTATION FROM A LICENSED VETERINA-
   44  RIAN THAT THE DOG OR CAT HAS BEEN SPAYED OR NEUTERED, PROVIDED THAT  THE
   45  ANIMAL  HAS  BEEN  SPAYED  OR  NEUTERED WITHIN THE TIME SPECIFIED IN THE
   46  WRITTEN AGREEMENT, OR THAT BECAUSE OF OLD AGE OR OTHER  HEALTH  REASONS,
   47  AS  CERTIFIED BY A LICENSED VETERINARIAN EXAMINING THE DOG OR CAT, SPAY-
   48  ING OR NEUTERING WOULD ENDANGER THE ANIMAL'S LIFE.
   49    5. NOTHING CONTAINED IN THIS SECTION SHALL  PREVENT  ANY  TOWN,  CITY,
   50  VILLAGE  OR  COUNTY IN THIS STATE FROM ENACTING A LOCAL LAW OR ORDINANCE
   51  REQUIRING THAT ANIMAL SHELTERS, POUNDS,  DOG  CONTROL  OFFICERS,  HUMANE
   52  SOCIETIES,  DOG  OR  CAT  PROTECTIVE  ASSOCIATIONS AND DULY INCORPORATED
   53  SOCIETIES FOR THE PREVENTION OF CRUELTY TO  ANIMALS  WITHIN  SUCH  TOWN,
   54  CITY,  VILLAGE OR COUNTY SPAY OR NEUTER DOGS AND CATS PRIOR TO RELEASING
   55  SUCH ANIMALS FOR ADOPTION, PROVIDED THAT SUCH LOCAL LAW OR ORDINANCE MAY
   56  REQUIRE SPAYING OR NEUTERING AT AN AGE EARLIER, BUT IN  NO  EVENT  LATER
       A. 893                             21
    1  THAN THAT REQUIRED IN THIS SECTION, EXCEPT WHERE BECAUSE OF ADVANCED AGE
    2  OR OTHER HEALTH REASONS, AS CERTIFIED BY A LICENSED VETERINARIAN WHO HAS
    3  EXAMINED THE DOG OR CAT, SPAYING OR NEUTERING WOULD ENDANGER THE LIFE OF
    4  THE  ANIMAL.  A  TOWN, CITY, VILLAGE OR COUNTY IN THIS STATE THAT ENACTS
    5  SUCH A LOCAL LAW OR ORDINANCE SHALL BE EXEMPT  FROM  THE  PROVISIONS  OF
    6  THIS SECTION.
    7  S 236.34 UNLAWFUL TAMPERING WITH ANIMAL RESEARCH.
    8    1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
    9  SHALL HAVE THE FOLLOWING MEANINGS:
   10    (A) "INFECTIOUS AGENTS" SHALL BE LIMITED TO THOSE ORGANISMS THAT CAUSE
   11  SERIOUS PHYSICAL INJURY OR DEATH TO HUMANS.
   12    (B) "ANIMAL" MEANS ANY WARM OR COLD-BLOODED ANIMAL OR INSECT WHICH  IS
   13  BEING  USED IN FOOD OR FIBER PRODUCTION, AGRICULTURE, RESEARCH, TESTING,
   14  OR EDUCATION, HOWEVER, SHALL NOT INCLUDE ANY ANIMAL HELD PRIMARILY AS  A
   15  PET.
   16    (C)  "FACILITY"  MEANS  ANY  BUILDING, STRUCTURE, LABORATORY, VEHICLE,
   17  PASTURE, PADDOCK, POND, IMPOUNDMENT OR  PREMISES  WHERE  ANY  SCIENTIFIC
   18  RESEARCH,  TEST,  EXPERIMENT,  PRODUCTION,  EDUCATION,  OR INVESTIGATION
   19  INVOLVING THE USE OF ANY ANIMAL IS CARRIED OUT, CONDUCTED  OR  ATTEMPTED
   20  OR  WHERE RECORDS OR DOCUMENTS RELATING TO AN ANIMAL OR ANIMAL RESEARCH,
   21  TESTS, EXPERIMENTS, PRODUCTION, EDUCATION  OR  INVESTIGATION  ARE  MAIN-
   22  TAINED.
   23    (D)  "RELEASE"  MEANS  TO INTENTIONALLY SET FREE FROM ANY FACILITY ANY
   24  ANIMAL WITHOUT ANY RIGHT, TITLE, OR CLAIM THERETO.
   25    (E) "ABANDONMENT" MEANS THE INTENTIONAL RELINQUISHMENT OR FORSAKING OF
   26  POSSESSION OR CONTROL OF ANY ANIMAL RELEASED FROM A FACILITY.
   27    (F) "PERSON" MEANS ANY INDIVIDUAL,  FIRM,  ORGANIZATION,  PARTNERSHIP,
   28  ASSOCIATION OR CORPORATION.
   29    (G) "SECRET SCIENTIFIC MATERIAL" MEANS A SAMPLE, CULTURE, MICRO-ORGAN-
   30  ISM,  SPECIMEN,  RECORD, RECORDING, DOCUMENT, DRAWING OR ANY OTHER ARTI-
   31  CLE,  MATERIAL,  DEVICE  OR  SUBSTANCE  WHICH  CONSTITUTES,  REPRESENTS,
   32  EVIDENCES,  REFLECTS,  OR  RECORDS  A  SCIENTIFIC  OR TECHNICAL PROCESS,
   33  INVENTION OR FORMULA OR ANY PART OR PHASE THEREOF WHICH IS STORED, TEST-
   34  ED, STUDIED OR EXAMINED IN ANY FACILITY,  AND  WHICH  IS  NOT,  AND  NOT
   35  INTENDED  TO  BE,  AVAILABLE  TO ANYONE OTHER THAN THE PERSON OR PERSONS
   36  RIGHTFULLY IN POSSESSION THEREOF OR SELECTED PERSONS HAVING ACCESS THER-
   37  ETO WITH HIS, HER OR THEIR CONSENT, AND WHEN IT ACCORDS  OR  MAY  ACCORD
   38  SUCH  RIGHTFUL POSSESSORS AN ADVANTAGE OVER COMPETITORS OR OTHER PERSONS
   39  WHO DO NOT HAVE KNOWLEDGE OR THE BENEFIT THEREOF.
   40    (H) "NOTICE" MEANS TO PROVIDE INFORMATION IN SUCH  DETAIL  TO  MAKE  A
   41  REASONABLE  PERSON  AWARE  OF  THE  PRESENCE IN A FACILITY OF INFECTIOUS
   42  AGENTS OR SECRET SCIENTIFIC MATERIAL.
   43    2. NOTICE. ANY PERSON WHO, AFTER NOTICE HAS BEEN GIVEN BY:
   44    (A) ACTUAL NOTICE IN WRITING OR ORALLY TO THE PERSON; OR
   45    (B) PROMINENTLY POSTING WRITTEN NOTICE UPON OR IMMEDIATELY ADJACENT TO
   46  THE FACILITY; OR
   47    (C) NOTICE THAT IS ANNOUNCED UPON ENTRY TO THE FACILITY BY ANY PERSON:
   48    (I) KNOWINGLY OR INTENTIONALLY RELEASES AN ANIMAL FROM A  FACILITY  OR
   49  CAUSES THE ABANDONMENT OF AN ANIMAL KNOWING THAT SUCH ANIMAL WAS EXPOSED
   50  TO  INFECTIOUS AGENTS PRIOR TO SUCH RELEASE OR ABANDONMENT AND WAS CAPA-
   51  BLE OF TRANSMITTING SUCH INFECTIOUS AGENTS TO HUMANS; OR
   52    (II) WITH INTENT TO DO SO, CAUSES LOSS OR DAMAGE TO SECRET  SCIENTIFIC
   53  MATERIAL,  AND  HAVING  NO  RIGHT  TO DO SO NOR ANY REASONABLE GROUND TO
   54  BELIEVE THAT HE OR SHE HAS SUCH RIGHT, CAUSES LOSS OF OR DAMAGE  TO  ANY
   55  SECRET  SCIENTIFIC  MATERIAL IN AN AMOUNT IN EXCESS OF TWO HUNDRED FIFTY
       A. 893                             22
    1  DOLLARS AT A FACILITY, SHALL BE GUILTY OF UNLAWFUL TAMPERING WITH ANIMAL
    2  RESEARCH. UNLAWFUL TAMPERING WITH ANIMAL RESEARCH IS A CLASS E FELONY.
    3    3.  PRIVATE  RIGHT OF ACTION. ANY PERSON WHO VIOLATES ANY PROVISION OF
    4  THIS SECTION SHALL BE LIABLE IN ANY  COURT  OF  COMPETENT  JURISDICTION,
    5  INCLUDING SMALL CLAIMS COURT, IN AN AMOUNT EQUAL TO:
    6    (A)  DAMAGES SUSTAINED AS A RESULT OF SUCH VIOLATION OR FIFTY DOLLARS,
    7  WHICHEVER IS GREATER, FOR EACH VIOLATION;
    8    (B) SUCH ADDITIONAL PUNITIVE DAMAGES AS THE COURT MAY ALLOW;
    9    (C) ATTORNEY'S FEES AND COSTS; AND
   10    (D) COST OF DUPLICATING ANY EXPERIMENT WHICH WAS DAMAGED BY THE UNLAW-
   11  FUL TAMPERING WITH ANIMAL RESEARCH, IF APPLICABLE.
   12    IN ANY ACTION BROUGHT BY ANY PERSON TO ENFORCE THIS SECTION, THE COURT
   13  MAY, SUBJECT TO ITS JURISDICTION, ISSUE AN  INJUNCTION  TO  RESTRAIN  OR
   14  PREVENT  ANY  VIOLATION  OF  THIS SECTION OR ANY CONTINUANCE OF ANY SUCH
   15  VIOLATION.
   16  S 236.35 PROHIBITION OF THE SELLING OF FUR, HAIR, SKIN OR FLESH OF A DOG
   17              OR CAT.
   18    1. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM,  PARTNERSHIP  OR  CORPO-
   19  RATION  TO KNOWINGLY IMPORT, SELL, OFFER FOR SALE, MANUFACTURE, DISTRIB-
   20  UTE, TRANSPORT OR OTHERWISE MARKET OR TRADE IN THE FUR,  HAIR,  SKIN  OR
   21  FLESH  OF  A  DOMESTICATED  DOG  (CANIS  FAMILIARIS) OR DOMESTICATED CAT
   22  (FELIS CATUS OR DOMESTICUS), WHETHER  DOMESTICALLY  RAISED  OR  IMPORTED
   23  FROM  ANOTHER COUNTRY, OR ANY PRODUCT OR ITEM CONTAINING OR COMPRISED OF
   24  THE FUR, HAIR, SKIN OR FLESH OF A DOG OR CAT.  AS USED IN  THIS  SECTION
   25  THE  TERM  "DOMESTICATED  DOG  OR  CAT" SHALL NOT MEAN OR INCLUDE COYOTE
   26  (RANIS LATRANS), FOX  (VULPES  VOLPES,  VULPES  CINEREOARGENTEUS),  LYNX
   27  (FELIS LYNX) OR BOBCAT (FELIS RUFUS).
   28    2.  MANUFACTURERS  OR  SUPPLIERS  SHALL  PROVIDE CERTIFICATION TO EACH
   29  RETAILER THAT ANY FUR, HAIR, SKIN OR FLESH CONTAINED IN  SUCH  ITEMS  IS
   30  NOT DERIVED FROM DOMESTICATED DOG OR DOMESTICATED CAT.
   31    3. THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL MAINTAIN A STAND-
   32  ARD  FOR THE CERTIFICATION REQUIRED BY THE PROVISIONS OF SUBDIVISION TWO
   33  OF THIS SECTION.
   34    4. A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL  PENALTY
   35  OF  UP TO ONE THOUSAND DOLLARS FOR AN INDIVIDUAL AND UP TO FIVE THOUSAND
   36  DOLLARS FOR A  CORPORATION  FOR  THE  FIRST  VIOLATION.  ANY  SUBSEQUENT
   37  VIOLATION  SHALL  BE  PUNISHABLE BY A CIVIL PENALTY OF UP TO TWENTY-FIVE
   38  THOUSAND DOLLARS.
   39    5. ANY CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION OF  LAW  ARE
   40  PAYABLE  TO  THE  ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT TO
   41  SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
   42    6. (A) NO PROVISION OF THIS SECTION SHALL BE CONSTRUED TO PROHIBIT  OR
   43  INTERFERE  WITH  ANY PROPERLY CONDUCTED SCIENTIFIC TESTS, EXPERIMENTS OR
   44  INVESTIGATIONS INVOLVING THE USE OF DOG OR CAT FUR OR  FLESH,  PERFORMED
   45  OR  CONDUCTED  IN  LABORATORIES  OR INSTITUTIONS, WHICH ARE APPROVED FOR
   46  THESE PURPOSES BY THE COMMISSIONER OF HEALTH IN ACCORDANCE WITH  SECTION
   47  236.02 OF THIS ARTICLE.
   48    (B)  NO  PROVISION  OF THIS SECTION SHALL BE CONSTRUED TO PROHIBIT ANY
   49  PERSON, FIRM, PARTNERSHIP OR CORPORATION FROM IMPORTING, SELLING, OFFER-
   50  ING FOR SALE, MANUFACTURING, DISTRIBUTING,  TRANSPORTING,  OR  OTHERWISE
   51  MARKETING  OR TRADING IN THE FUR, HAIR, SKIN, OR FLESH OF A DOMESTICATED
   52  DOG OR CAT FOR THE PURPOSES OF CONDUCTING SCIENTIFIC TESTS,  EXPERIMENTS
   53  OR  INVESTIGATIONS THAT ARE TO BE PERFORMED OR CONDUCTED IN LABORATORIES
   54  OR INSTITUTIONS, WHICH ARE APPROVED FOR THESE PURPOSES  BY  THE  COMMIS-
   55  SIONER OF HEALTH IN ACCORDANCE WITH SECTION 236.02 OF THIS ARTICLE.
       A. 893                             23
    1  S 236.36 CONFINEMENT  OF  COMPANION ANIMALS IN VEHICLES; EXTREME TEMPER-
    2             ATURES.
    3    1. A PERSON SHALL NOT CONFINE A COMPANION ANIMAL IN A MOTOR VEHICLE IN
    4  EXTREME HEAT OR COLD WITHOUT PROPER VENTILATION OR OTHER PROTECTION FROM
    5  SUCH  EXTREME  TEMPERATURES  WHERE SUCH CONFINEMENT PLACES THE COMPANION
    6  ANIMAL IN IMMINENT DANGER OF DEATH OR SERIOUS  PHYSICAL  INJURY  DUE  TO
    7  EXPOSURE TO SUCH EXTREME HEAT OR COLD.
    8    2.  WHERE THE OPERATOR OF SUCH A VEHICLE CANNOT BE PROMPTLY LOCATED, A
    9  POLICE OFFICER, PEACE OFFICER, OR PEACE OFFICER ACTING AS AN AGENT OF  A
   10  DULY  INCORPORATED HUMANE SOCIETY MAY TAKE NECESSARY STEPS TO REMOVE THE
   11  ANIMAL OR ANIMALS FROM THE VEHICLE.
   12    3. POLICE OFFICERS, PEACE OFFICERS OR PEACE OFFICERS ACTING AS  AGENTS
   13  OF A DULY INCORPORATED HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM
   14  A VEHICLE PURSUANT TO THIS SECTION SHALL PLACE A WRITTEN NOTICE ON OR IN
   15  THE  VEHICLE,  BEARING THE NAME OF THE OFFICER OR AGENT, AND THE DEPART-
   16  MENT OR AGENCY AND ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
   17    4. AN ANIMAL OR ANIMALS  REMOVED  FROM  A  VEHICLE  PURSUANT  TO  THIS
   18  SECTION  SHALL,  AFTER  RECEIPT  OF  ANY  NECESSARY EMERGENCY VETERINARY
   19  TREATMENT, BE DELIVERED TO THE DULY INCORPORATED HUMANE SOCIETY OR SOCI-
   20  ETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DESIGNATED AGENT THERE-
   21  OF, IN THE JURISDICTION WHERE THE ANIMAL OR ANIMALS WERE SEIZED.
   22    5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE
   23  OF THIS SECTION SHALL BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE  OF
   24  NOT  LESS  THAN  FIFTY  DOLLARS  NOR MORE THAN ONE HUNDRED DOLLARS FOR A
   25  FIRST OFFENSE, AND A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR  MORE
   26  THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSES.
   27    6. OFFICERS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR ACTIONS
   28  TAKEN  REASONABLY  AND  IN  GOOD FAITH IN CARRYING OUT THE PROVISIONS OF
   29  THIS SECTION.
   30    7. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT  ANY
   31  OTHER   PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY  OTHER
   32  PROVISIONS OF THIS ARTICLE.
   33  S 236.37 COMPANION ANIMAL GROOMING FACILITIES; PROHIBITED PRACTICES.
   34    1. AS USED IN THIS SECTION:
   35    (A) "CAGE AND BOX DRYER" MEANS A PRODUCT THAT IS ATTACHED TO OR NEAR A
   36  CAGE OR BOX FOR THE PURPOSE OF DRYING OR  AIDING  IN  THE  DRYING  OF  A
   37  COMPANION  ANIMAL  CONTAINED  IN  A CAGE OR BOX, AND WHICH IS CAPABLE OF
   38  FUNCTIONING WITHOUT A PERSON MANUALLY HOLDING A DRYER.
   39    (B) "COMPANION ANIMAL GROOMING FACILITY" MEANS AN ESTABLISHMENT  WHERE
   40  A COMPANION ANIMAL MAY BE BATHED, BRUSHED, CLIPPED OR STYLED FOR A FEE.
   41    2.  NO  PERSON  SHALL USE A CAGE OR BOX DRYER WHICH CONTAINS A HEATING
   42  ELEMENT WITH THE HEATING ELEMENT TURNED ON FOR THE PURPOSE OF DRYING  OR
   43  AIDING IN THE DRYING OF A COMPANION ANIMAL.
   44    3. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL-
   45  TY OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED
   46  DOLLARS FOR EACH VIOLATION.
   47    4. NOTHING CONTAINED IN THIS SECTION SHALL LIMIT OR ABROGATE ANY CLAIM
   48  OR  CAUSE  OF ACTION ANY PERSON MAY HAVE UNDER COMMON LAW OR BY STATUTE.
   49  THE PROVISIONS OF THIS SECTION SHALL BE IN ADDITION TO ANY  SUCH  COMMON
   50  LAW AND STATUTORY REMEDIES.
   51    S 2. Article 26 of the agriculture and markets law is REPEALED.
   52    S 3. Paragraph (a) of subdivision 24 of section 108 of the agriculture
   53  and  markets  law,  as  amended  by  chapter 392 of the laws of 2004, is
   54  amended to read as follows:
   55    (a) "Dangerous dog" means any  dog  which  (i)  without  justification
   56  attacks  a  person,  companion  animal as defined in subdivision five of
       A. 893                             24
    1  section [three hundred fifty of this chapter] 236.00 OF THE  PENAL  LAW,
    2  farm  animal  as  defined  in subdivision four of section [three hundred
    3  fifty of this chapter] 236.00 OF THE PENAL LAW  or  domestic  animal  as
    4  defined  in subdivision seven of this section and causes physical injury
    5  or death, or (ii) behaves in a manner which a  reasonable  person  would
    6  believe poses a serious and unjustified imminent threat of serious phys-
    7  ical  injury  or  death  to one or more persons, companion animals, farm
    8  animals or domestic animals or (iii)  without  justification  attacks  a
    9  service  dog,  guide  dog  or  hearing dog and causes physical injury or
   10  death.
   11    S 4. Paragraph (b) of subdivision 2 of section 123 of the  agriculture
   12  and markets law, as amended by section 18 of part T of chapter 59 of the
   13  laws of 2010, is amended to read as follows:
   14    (b)  secure, humane confinement of the dog for a period of time and in
   15  a manner deemed appropriate by the court  but  in  all  instances  in  a
   16  manner  designed  to:  (1)  prevent  escape  of the dog, (2) protect the
   17  public from unauthorized contact with the dog, and (3)  to  protect  the
   18  dog  from  the elements pursuant to section [three hundred fifty-three-b
   19  of this chapter] 236.04 OF THE PENAL LAW.   Such confinement  shall  not
   20  include lengthy periods of tying or chaining;
   21    S  5. Subdivision 1 of section 160.10 of the criminal procedure law is
   22  amended by adding a new paragraph (b-1) to read as follows:
   23    (B-1) A MISDEMEANOR DEFINED IN SECTION 236.02 OF THE PENAL LAW; OR
   24    S 6. Subparagraph 2 of paragraph  (f)  of  subdivision  1  of  section
   25  530.12  of  the  criminal  procedure law, as added by chapter 253 of the
   26  laws of 2006, is amended to read as follows:
   27    2. "Companion animal", as used in this section, shall  have  the  same
   28  meaning  as  in  subdivision five of section [three hundred fifty of the
   29  agriculture and markets] 236.00 OF THE PENAL law.
   30    S 7. Subparagraph 2 of paragraph (c) of subdivision 1 and subparagraph
   31  2 of paragraph (c) of subdivision 4 of section 530.13  of  the  criminal
   32  procedure  law, as added by chapter 253 of the laws of 2006, are amended
   33  to read as follows:
   34    2. "Companion animal", as used in this section, shall  have  the  same
   35  meaning  as  in  subdivision five of section [three hundred fifty of the
   36  agriculture and markets] 236.00 OF THE PENAL law.
   37    2. "Companion animal", as used in this section, shall  have  the  same
   38  meaning  as  in  subdivision five of section [three hundred fifty of the
   39  agriculture and markets] 236.00 OF THE PENAL law.
   40    S 8. The opening paragraph of paragraph e of subdivision 6 of  section
   41  11-0103  of the environmental conservation law, as amended by chapter 10
   42  of the laws of 2005, is amended to read as follows:
   43    "Wild animal" shall not  include  "companion  animal"  as  defined  in
   44  section  [three  hundred fifty of the agriculture and markets] 236.00 OF
   45  THE PENAL law. Wild animal includes, and is limited to, any  or  all  of
   46  the following orders and families:
   47    S  9.  Paragraph g of subdivision 9 of section 11-0917 of the environ-
   48  mental conservation law, as amended by chapter 468 of the laws of  2011,
   49  is amended to read as follows:
   50    g.  No  live  wolf,  coyote,  coydog,  fox, skunk, venomous reptile or
   51  raccoon shall be possessed or transported, except  under  a  license  or
   52  permit  issued  by  the department.   Every such license or permit shall
   53  contain a prominent notice thereon warning the licensee or permittee  of
   54  his  or  her  duty  to exercise due care in safeguarding the public from
   55  attack by such wild animal or venomous reptile and that failure to do so
   56  is a crime under section [three hundred seventy of the  agriculture  and
       A. 893                             25
    1  markets  law]  236.25  OF THE PENAL LAW.   The provisions of the opening
    2  paragraph of section [three  hundred  seventy  of  the  agriculture  and
    3  markets]  236.25 OF THE PENAL law except the last sentence thereof shall
    4  be  set forth on such license or permit immediately following such warn-
    5  ing notice.
    6    S 10. Subdivision 6 of section 399-aa of the general business law,  as
    7  added by chapter 573 of the laws of 2002, is amended to read as follows:
    8    6.  (a) No provision of this section shall be construed to prohibit or
    9  interfere with any properly conducted scientific tests,  experiments  or
   10  investigations  involving  the use of dog or cat fur or flesh, performed
   11  or conducted in laboratories or institutions,  which  are  approved  for
   12  these  purposes  by  the state commissioner of health in accordance with
   13  section [three hundred  fifty-three  of  the  agriculture  and  markets]
   14  236.02 OF THE PENAL law.
   15    (b)  No  provision  of this section shall be construed to prohibit any
   16  person, firm, partnership or corporation from importing, selling, offer-
   17  ing for sale, manufacturing, distributing,  transporting,  or  otherwise
   18  marketing  or trading in the fur, hair, skin, or flesh of a domesticated
   19  dog or cat for the purposes of conducting scientific tests,  experiments
   20  or  investigations that are to be performed or conducted in laboratories
   21  or institutions, which are approved for  these  purposes  by  the  state
   22  commissioner  of health in accordance with section [three hundred fifty-
   23  three of the agriculture and markets] 236.02 OF THE PENAL law.
   24    S 11. Section 750-t of the general business law, as added  by  chapter
   25  526 of the laws of 1992, is amended to read as follows:
   26    S 750-t. Disposal in compliance with forms. A pet cemetery owner shall
   27  dispose  of  a pet in compliance with a pet disposal form completed by a
   28  pet owner or veterinarian. If such pet is disposed of, either  by  indi-
   29  vidual  cremation  or  individual  burial,  the pet cemetery owner shall
   30  within ten days of such disposal send or give a written confirmation  of
   31  such   disposal   to   the  pet  owner  or  veterinarian,  depending  on
   32  instructions in pet disposal form, and,  shall  attest  to  the  method,
   33  date, and place of disposal. If a pet is disposed of either through mass
   34  cremation  or  mass  burial,  no written confirmation shall be required.
   35  Copies of all forms shall be retained for a period of  two  years  after
   36  receipt.  All  pet  remains shall be buried at least twelve inches below
   37  the surface of the ground or in accordance with section  [three  hundred
   38  seventy-seven of the agriculture and markets] 236.32 OF THE PENAL law in
   39  the  case of a large domestic animal or otherwise disposed of in a sani-
   40  tary manner.
   41    S 12. Subdivision 1 of section 352.3  of  the  family  court  act,  as
   42  amended  by  chapter  532  of  the  laws  of 2008, is amended to read as
   43  follows:
   44    (1) Upon the issuance of an order pursuant to  section  315.3  or  the
   45  entry  of an order of disposition pursuant to section 352.2, a court may
   46  enter an order of protection  against  any  respondent  for  good  cause
   47  shown. The order may require that the respondent: (a) stay away from the
   48  home,  school,  business  or  place  of employment of the victims of the
   49  alleged offense; or (b) refrain from harassing, intimidating,  threaten-
   50  ing  or  otherwise interfering with the victim or victims of the alleged
   51  offense and such members of the family or household of  such  victim  or
   52  victims  as  shall  be specifically named by the court in such order; or
   53  (c) refrain from intentionally injuring or killing,  without  justifica-
   54  tion,  any companion animal the respondent knows to be owned, possessed,
   55  leased, kept or held by the person protected by the  order  or  a  minor
   56  child  residing  in such person's household. "Companion animal", as used
       A. 893                             26
    1  in this subdivision, shall have the same meaning as in subdivision  five
    2  of  section  [three hundred fifty of the agriculture and markets] 236.00
    3  OF THE PENAL law.
    4    S  13.  Paragraph  2  of  subdivision (h) of section 446 of the family
    5  court act, as added by chapter 253 of the laws of 2006,  is  amended  to
    6  read as follows:
    7    2.  "Companion  animal",  as used in this section, shall have the same
    8  meaning as in subdivision five of section [three hundred  fifty  of  the
    9  agriculture and markets] 236.00 OF THE PENAL law.
   10    S  14.  Paragraph  2  of  subdivision (i) of section 551 of the family
   11  court act, as added by chapter 253 of the laws of 2006,  is  amended  to
   12  read as follows:
   13    2.  "Companion  animal",  as used in this section, shall have the same
   14  meaning as in subdivision five of section [three hundred  fifty  of  the
   15  agriculture and markets] 236.00 OF THE PENAL law.
   16    S  15.  Paragraph  2  of  subdivision (i) of section 656 of the family
   17  court act, as added by chapter 253 of the laws of 2006,  is  amended  to
   18  read as follows:
   19    2.  "Companion  animal",  as used in this section, shall have the same
   20  meaning as in subdivision five of section [three hundred  fifty  of  the
   21  agriculture and markets] 236.00 OF THE PENAL law.
   22    S  16.  Paragraph  2  of  subdivision (h) of section 759 of the family
   23  court act, as added by chapter 253 of the laws of 2006,  is  amended  to
   24  read as follows:
   25    2.  "Companion  animal",  as used in this section, shall have the same
   26  meaning as in subdivision five of section [three hundred  fifty  of  the
   27  agriculture and markets] 236.00 OF THE PENAL law.
   28    S  17.  Paragraph  2  of  subdivision (i) of section 842 of the family
   29  court act, as added by chapter 253 of the laws of 2006,  is  amended  to
   30  read as follows:
   31    2.  "Companion  animal",  as used in this section, shall have the same
   32  meaning as in subdivision five of section [three hundred  fifty  of  the
   33  agriculture and markets] 236.00 OF THE PENAL law.
   34    S 18. Subparagraph 2 of paragraph (g) of subdivision 1 of section 1056
   35  of the family court act, as added by chapter 253 of the laws of 2006, is
   36  amended to read as follows:
   37    2.  "Companion  animal",  as used in this section, shall have the same
   38  meaning as in subdivision five of section [three hundred  fifty  of  the
   39  agriculture and markets] 236.00 OF THE PENAL law.
   40    S  19.  Subdivision  d of section 20-383 of the administrative code of
   41  the city of New York, as amended by local law number 2 of  the  city  of
   42  New York for the year 1994, is amended to read as follows:
   43    d.  Notwithstanding  the  provisions  of  subdivisions b and c of this
   44  section, any driver of a horse drawn cab found guilty of  one  violation
   45  of  subdivision  d  of  section  20-381.1 of the code or sections [three
   46  hundred fifty-one, three hundred fifty-three, three  hundred  fifty-five
   47  through  three  hundred sixty-two or three hundred sixty-nine of the New
   48  York state agriculture and  markets]  236.01,  236.02,  236.07,  236.08,
   49  236.09,  236.10,  236.11,  236.12,  236.13,  236.14,  236.15, 236.16, OR
   50  236.24 OF THE PENAL law or who is found guilty of a  violation  of  this
   51  subchapter  while his or her license is suspended, shall have his or her
   52  license revoked. A driver whose license has been revoked  in  accordance
   53  with  this provision may not apply for a new license for five years from
   54  the date of revocation.
   55    S 20. Section 80 of the agriculture and markets  law,  as  amended  by
   56  chapter 680 of the laws of 1967, is amended to read as follows:
       A. 893                             27
    1    S 80. Certificate  to healthy herds.  For the purpose of giving recog-
    2  nition to other than segregated herds which are certified to him OR HER,
    3  after competent examination satisfactory to him OR HER, to be in a heal-
    4  thy condition, the commissioner  is  hereby  authorized  to  issue  such
    5  certificates  as he OR SHE may deem proper to the owner of such herd; to
    6  use such terms to designate such herds as will  harmonize  with  federal
    7  designations of such herds and to adopt such rules as he OR SHE may deem
    8  proper  for  the  tagging,  branding or marking of any animal or animals
    9  affected or believed to be affected with any  communicable  disease,  or
   10  exposed thereto. In the event that such animals are branded it shall not
   11  be  construed as cruelty to animals within the meaning of article [twen-
   12  ty-six of this chapter] TWO HUNDRED THIRTY-SIX OF THE PENAL LAW.
   13    S 21. Subdivision 3 of section 404 of the agriculture and markets law,
   14  as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
   15  follows:
   16    3.  Violation  of  any  provision  of  this article or conviction of a
   17  violation of any provision of article [twenty-six of this  chapter]  TWO
   18  HUNDRED  THIRTY-SIX  OF  THE PENAL LAW or regulations promulgated there-
   19  under pertaining to humane treatment of  animals,  cruelty  to  animals,
   20  endangering  the life or health of an animal, or violation of any feder-
   21  al, state, or  local  law  pertaining  to  the  care,  treatment,  sale,
   22  possession, or handling of animals or any regulation or rule promulgated
   23  pursuant  thereto  relating to the endangerment of the life or health of
   24  an animal.
   25    S 22. Section 407 of the agriculture and  markets  law,  as  added  by
   26  chapter 259 of the laws of 2000, is amended to read as follows:
   27    S  407. Construction with other laws. Nothing in this article shall be
   28  construed to limit or restrict agents or officers of societies  for  the
   29  prevention  of  cruelty  to  animals  or the police from enforcing other
   30  provisions of [article twenty-six of] this chapter, ARTICLE TWO  HUNDRED
   31  THIRTY-SIX  OF  THE  PENAL  LAW, or any other law relating to the humane
   32  treatment of or cruelty to animals.
   33    S 23. Subdivisions 56, 68 and 79  of  section  2.10  of  the  criminal
   34  procedure  law,  subdivision  56  as added by chapter 188 of the laws of
   35  1989, subdivision 68 as added by chapter 227 of the  laws  of  2000  and
   36  subdivision  79 as added by chapter 752 of the laws of 2004, are amended
   37  to read as follows:
   38    56. Dog control officers  of  the  town  of  Brookhaven,  who  at  the
   39  discretion  of  the  town  board may be designated as constables for the
   40  purpose of enforcing article [twenty-six of the agriculture and  markets
   41  law]  TWO  HUNDRED  THIRTY-SIX  OF  THE PENAL LAW and for the purpose of
   42  issuing appearance tickets permitted under article seven of  [such]  THE
   43  AGRICULTURE  AND  MARKETS  law;  provided, however, that nothing in this
   44  subdivision shall be deemed to authorize such officer to carry, possess,
   45  repair or dispose of a firearm unless the appropriate  license  therefor
   46  has been issued pursuant to section 400.00 of the penal law.
   47    68. Dog control officers of the town of Arcadia, who at the discretion
   48  of  the  town  board  may be designated as constables for the purpose of
   49  enforcing article [twenty-six of the agriculture and  markets  law]  TWO
   50  HUNDRED  THIRTY-SIX  OF  THE  PENAL  LAW  and for the purpose of issuing
   51  appearance tickets permitted under article seven of [such] THE  AGRICUL-
   52  TURE  AND  MARKETS law; provided, however, that nothing in this subdivi-
   53  sion shall be deemed to authorize such officer to carry, possess, repair
   54  or dispose of a firearm unless the appropriate license therefor has been
   55  issued pursuant to section 400.00 of the penal law.
       A. 893                             28
    1    79. Animal control  officers  of  the  city  of  Elmira,  who  at  the
    2  discretion  of  the city council of the city of Elmira may be designated
    3  as constables for the purpose of enforcing article  [twenty-six  of  the
    4  agriculture  and  markets  law] TWO HUNDRED THIRTY-SIX OF THE PENAL LAW,
    5  and  for the purpose of issuing appearance tickets permitted under arti-
    6  cle seven of [such] THE AGRICULTURE AND MARKETS law; provided,  however,
    7  that nothing in this subdivision shall be deemed to authorize such offi-
    8  cer  to carry, possess, repair or dispose of a firearm unless the appro-
    9  priate license therefor has been issued pursuant to  section  400.00  of
   10  the penal law.
   11    S  24.  Paragraph (i) of subdivision 1 of section 750-h of the general
   12  business law, as added by chapter 526 of the laws of 1992, is amended to
   13  read as follows:
   14    (i) Conviction of a violation of article [twenty-six of  the  agricul-
   15  ture  and markets law] TWO HUNDRED THIRTY-SIX OF THE PENAL LAW involving
   16  cruelty to animals.
   17    S 25. Section 753-d of the general business law, as added  by  chapter
   18  259 of the laws of 2000, is amended to read as follows:
   19    S  753-d.  Construction with other laws. Nothing in this article shall
   20  be construed to limit or restrict agents or officers  of  societies  for
   21  the prevention of cruelty to animals or the police from enforcing [arti-
   22  cles twenty-six and] ARTICLE twenty-six-A of the agriculture and markets
   23  law,  ARTICLE  TWO HUNDRED THIRTY-SIX OF THE PENAL LAW, or any other law
   24  relating to the humane treatment of, or cruelty to, animals.
   25    S 26. This act shall take effect on the ninetieth day after  it  shall
   26  have become a law.