Bill Text: NY A00173 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to codifying animal cruelty laws under the penal law; makes conforming technical changes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A00173 Detail]
Download: New_York-2021-A00173-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 173 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. L. ROSENTHAL, ZEBROWSKI, SEAWRIGHT -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to codifying animal cruelty laws under such law; to amend the agriculture and markets law, the general business law, the family court act, the criminal procedure law, the environmental conservation law, the public authorities law and the administrative code of the city of New York, in relation to making necessary technical and conforming changes; and repealing certain provisions of the agriculture and markets law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Sections 350, 351, 353, 353-a, 353-b, 353-c, 353-d, 353-e, 2 353-f, 354, 355, 356, 359, 360, 361, 362, 363, 364, 365, 366, 366-a, 3 368, 375 and 376 of the agriculture and markets law are REPEALED. 4 § 2. Subdivision 8 of section 374 of the agriculture and markets law 5 is REPEALED. 6 § 3. Part 3 of the penal law is amended by adding a new title Q to 7 read as follows: 8 TITLE Q 9 OFFENSES AGAINST ANIMALS 10 ARTICLE 280 11 OFFENSES AGAINST ANIMALS 12 Section 280.00 Offenses against animals; definitions of terms. 13 280.05 Facilitating animal fighting in the first degree. 14 280.06 Facilitating animal fighting in the second degree. 15 280.07 Facilitating animal fighting in the third degree. 16 280.10 Overdriving, torturing or injuring animals; failure to 17 provide proper sustenance. 18 280.15 Aggravated cruelty to animals. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00364-01-1A. 173 2 1 280.20 Failure to provide appropriate shelter for a dog left 2 outdoors. 3 280.25 Electrocution of fur-bearing animals. 4 280.30 Confinement of a companion animal in a vehicle; extreme 5 temperatures. 6 280.35 Participation in a prohibited practice at a companion 7 animal grooming facility. 8 280.40 Piercing and tattooing of a companion animal. 9 280.45 Unlawful sale of baby chicks and baby rabbits. 10 280.50 Abandonment of an animal. 11 280.55 Failure to provide proper food and drink to impounded 12 animals. 13 280.60 Carrying an animal in a cruel manner. 14 280.65 Poisoning or attempting to poison animals in the first 15 degree. 16 280.66 Poisoning or attempting to poison animals in the second 17 degree. 18 280.70 Interference with or injury to certain domestic animals. 19 280.75 Throwing a substance injurious to animals in a public 20 place. 21 280.80 Unauthorized possession of dogs; presumptive evidence of 22 larceny. 23 280.85 Running horses on a highway. 24 280.90 Clipping or cutting the ears of a dog. 25 280.95 Stealing a companion animal. 26 280.100 Removing, seizing or transporting a dog for research 27 purposes. 28 280.105 Unlawfully operating upon the tails of horses. 29 280.110 Evidentiary and impoundment procedures by members of law 30 enforcement. 31 280.115 Disposition of animals through forfeiture procedures 32 after conviction. 33 280.120 Officer may take possession of animals or implements 34 used in fights among animals. 35 280.125 Disposition of animals or implements used in fights 36 among animals. 37 § 280.00 Offenses against animals; definitions of terms. 38 The following definitions are applicable to this article: 39 (a) "Animal" includes every living creature except a human being. 40 (b) "Torture" or "cruelty" includes every act, omission, or neglect, 41 whereby unjustifiable physical pain, suffering or death is caused or 42 permitted. 43 (c) "Adoption" means the delivery to any natural person eighteen years 44 of age or older, for the limited purpose of harboring a pet seized or 45 surrendered. 46 (d) "Farm animal" means any ungulate, poultry, species of cattle, 47 sheep, swine, goats, llamas, horses or fur-bearing animals, as defined 48 in section 11-1907 of the environmental conservation law, which are 49 raised for commercial or sustenance purposes. Fur-bearing animal shall 50 not include dogs or cats. 51 (e) "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 subdivision (d) of this section.A. 173 3 1 (f) "Animal fighting" shall mean any fight between cocks or other 2 birds, or between dogs, bulls, bears or any other animal, or between any 3 such animal and a person or persons, except in exhibitions of a kind 4 commonly featured at rodeos. 5 (g) "Animal fighting paraphernalia" shall mean equipment, products, or 6 materials of any kind that are used, intended for use, or designed for 7 use in the training, preparation, conditioning or furtherance of animal 8 fighting. Animal fighting paraphernalia shall include the following: 9 (i) a breaking stick, which means a device designed for insertion 10 behind the molars of a dog for the purpose of breaking the dog's grip on 11 another animal or object; 12 (ii) a cat mill, which means a device that rotates around a central 13 support with one arm designed to secure a dog and one arm designed to 14 secure a cat, rabbit, or other small animal beyond the grasp of the dog; 15 (iii) a treadmill, which means an exercise device consisting of an 16 endless belt on which the animal walks or runs without changing places; 17 (iv) a springpole, which means a biting surface attached to a stretch- 18 able device, suspended at a height sufficient to prevent a dog from 19 reaching the biting surface while touching the ground; 20 (v) a fighting pit, which means a walled area, or otherwise defined 21 area, designed to contain an animal fight; or 22 (vi) any other instrument commonly used in the furtherance of pitting 23 an animal against another animal. 24 (h) "Physical condition" shall include any special medical needs of a 25 dog due to disease, illness, injury, age or breed about which the owner 26 or person with custody or control of the dog should reasonably be aware. 27 (i) "Inclement weather" shall mean weather conditions that are likely 28 to adversely affect the health or safety of a dog, including but not 29 limited to, rain, sleet, ice, snow, wind, or extreme heat and cold. 30 (j) "Dogs that are left outdoors" shall mean dogs that are outdoors in 31 inclement weather without ready access to, or the ability to enter, a 32 house, apartment building, office building, or any other permanent 33 structure that complies with the standards established under paragraph 34 (ii) of subdivision (b) of section 280.20 of this article. 35 (k) "Fur-bearing animal" shall include arctic fox, red fox, silver 36 fox, chinchilla, mink, pine marten, muskrat, and those fur-bearing 37 animals included within the provisions of section 11-1907 of the envi- 38 ronmental conservation law. 39 (l) "Cage and box dryer" shall mean a product that is attached to or 40 near a cage or box for the purpose of drying or aiding in the drying of 41 a companion animal contained in a cage or box, which is capable of func- 42 tioning without a person manually holding a dryer. 43 (m) "Companion animal grooming facility" shall mean an establishment 44 where a companion animal may be bathed, brushed, clipped or styled for a 45 fee. 46 (n) "Tattoo" shall mean a mark on the body made with indelible ink or 47 pigments injected beneath the outer layer of the skin. 48 (o) "Baby rabbit" shall mean a rabbit of less than two months of age. 49 § 280.05 Facilitating animal fighting in the first degree. 50 A person is guilty of facilitating animal fighting in the first degree 51 when he or she: 52 (a) for amusement or gain, causes any animal to engage in animal 53 fighting; or 54 (b) trains any animal under circumstances evincing an intent that such 55 animal engage in animal fighting for amusement or gain; orA. 173 4 1 (c) breeds, sells or offers for sale any animal under circumstances 2 evincing an intent that such animal engage in animal fighting; or 3 (d) permits any act described in subdivision (a), (b) or (c) of this 4 section to occur on premises under his or her control; or 5 (e) owns, possesses or keeps any animal trained to engage in animal 6 fighting on premises where an exhibition of animal fighting is being 7 conducted under circumstances evincing an intent that such animal engage 8 in animal fighting. 9 Facilitating animal fighting in the first degree is a class D felony. 10 § 280.06 Facilitating animal fighting in the second degree. 11 A person is guilty of facilitating animal fighting in the second 12 degree when he or she: 13 (a) owns, possesses or keeps any animal under circumstances evincing 14 an intent that such animal engage in animal fighting; 15 (b) paid an admission fee or made a wager at any place where an exhi- 16 bition of animal fighting is being conducted; 17 (c) knowingly participates as a spectator at any place where an exhi- 18 bition of animal fighting is being conducted and has been previously 19 found guilty of such offense or for violating subdivision (b) of this 20 section in the previous five years; or 21 (d) intentionally owns, possesses, sells, transfers or manufactures 22 animal fighting paraphernalia with the intent to engage in or otherwise 23 promote or facilitate animal fighting and has been previously found 24 guilty of such offense in the previous five years. 25 Facilitating animal fighting in the second degree is a class A misde- 26 meanor. 27 § 280.07 Facilitating animal fighting in the third degree. 28 A person is guilty of facilitating animal fighting in the third degree 29 when he or she: 30 (a) knowingly participates as a spectator at any place where an exhi- 31 bition of animal fighting is being conducted; or 32 (b) intentionally owns, possesses, sells, transfers or manufactures 33 animal fighting paraphernalia, as defined in subdivision (g) of section 34 280.00 of this article, with the intent to engage in or otherwise 35 promote or facilitate animal fighting. 36 Facilitating animal fighting in the third degree is a class B misde- 37 meanor. 38 § 280.10 Overdriving, torturing or injuring animals; failure to provide 39 proper sustenance. 40 (a) A person is guilty of overdriving, torturing, injuring or failing 41 to provide proper sustenance to an animal if he or she: 42 (i) overdrives, overloads, tortures, beats or unjustifiably injures, 43 maims, mutilates or kills any animal, whether wild or tame, and whether 44 belonging to such person or to another; 45 (ii) deprives any animal of necessary food or drink by neglecting or 46 refusing to furnish an animal with such food or drink; 47 (iii) causes, procures or permits any animal to be overdriven, over- 48 loaded, tortured, beaten, or unjustifiably injured, maimed, mutilated or 49 killed; 50 (iv) causes, procures or permits any animal to be deprived of neces- 51 sary food or drink; or 52 (v) wilfully instigates, engages in, or in any way furthers any act of 53 cruelty to any animal, or any act tending to produce such cruelty. 54 (b) Nothing in this section shall be construed to prohibit or inter- 55 fere with any properly conducted scientific tests, experiments or inves- 56 tigations, involving the use of living animals, performed or conductedA. 173 5 1 in laboratories or institutions, which are approved for these purposes 2 by the commissioner of health. The commissioner of health shall 3 prescribe the rules under which such approvals shall be granted, includ- 4 ing therein standards regarding the care and treatment of any such 5 animals. Such rules shall be published and copies thereof conspicuously 6 posted in each such laboratory or institution. The commissioner of 7 health or his or her duly authorized representative shall have the power 8 to inspect such laboratories or institutions to insure compliance with 9 such rules and standards. Each such approval may be revoked at any time 10 for failure to comply with such rules and in any case the approval shall 11 be limited to a period not exceeding one year. 12 Overdriving, torturing or injuring animals or failing to provide 13 sustenance to an animal is a class A misdemeanor. 14 § 280.15 Aggravated cruelty to animals. 15 (a) A person is guilty of aggravated cruelty to animals when he or 16 she, with no justifiable purpose, intentionally kills or intentionally 17 causes serious physical injury to a companion animal with aggravated 18 cruelty. For purposes of this section, "aggravated cruelty" shall mean 19 conduct which: 20 (i) is intended to cause extreme physical pain; or 21 (ii) is done or carried out in an especially depraved or sadistic 22 manner. 23 (b) Nothing contained in this section shall be construed to prohibit 24 or interfere in any way with anyone lawfully engaged in hunting, trap- 25 ping, or fishing, as provided in article eleven of the environmental 26 conservation law; the dispatch of rabid or diseased animals, as provided 27 in article twenty-one of the public health law; the dispatch of animals 28 posing a threat to human safety or other animals, where such action is 29 otherwise legally authorized; or any properly conducted scientific 30 tests, experiments, or investigations involving the use of living 31 animals, performed or conducted in laboratories or institutions approved 32 for such purposes by the commissioner of health pursuant to subdivision 33 (b) of section 280.10 of this article. 34 Aggravated cruelty to animals is a class D felony. 35 § 280.20 Failure to provide appropriate shelter for a dog left outdoors. 36 (a) A person is guilty of failing to provide appropriate shelter for a 37 dog left outdoors, as defined in subdivision (j) of section 280.00 of 38 this article, when he or she knowingly fails to provide appropriate 39 shelter specific to the breed and physical condition of such dog and the 40 climate outdoors. 41 (b) For purposes of this section, minimum standards for determining 42 whether shelter is appropriate to the breed and physical condition, as 43 defined in subdivision (h) of section 280.00 of this article, of such 44 dog and the climate outdoors shall include: 45 (i) for dogs that are restrained in any manner outdoors, shade by 46 natural or artificial means to protect such dog from direct sunlight at 47 all times when exposure to sunlight is likely to threaten the health of 48 such dog; 49 (ii) for all dogs left outdoors in inclement weather, a housing facil- 50 ity, which must: (1) have a waterproof roof; (2) be structurally sound 51 with insulation appropriate to local climatic conditions and sufficient 52 to protect such dog from inclement weather; (3) be constructed to allow 53 each dog adequate freedom of movement to make normal postural adjust- 54 ments, including the ability to stand up, turn around and lie down with 55 its limbs outstretched; and (4) allow for effective removal of excre- 56 tions, other waste material including but not limited to, dirt andA. 173 6 1 trash. Such housing facility and the area immediately surrounding it 2 shall be regularly cleaned to maintain a healthy and sanitary environ- 3 ment and to minimize health hazards. 4 (c) Inadequate shelter may be indicated by the appearance of the hous- 5 ing facility itself, including but not limited to, size, structural 6 soundness, evidence of crowding within such housing facility, healthful 7 environment in the area immediately surrounding such facility, or by the 8 appearance or physical condition of the dog. 9 (d) Nothing in this section shall be construed to affect any 10 protections afforded to dogs or other animals under any other provisions 11 of this article. 12 (e) Nothing in this section shall prevent the seizure of a dog for a 13 violation of this section pursuant to the authority granted under this 14 article. Upon a finding of any violation of this section, any dog or 15 dogs seized pursuant to the provisions of this article that have not 16 been voluntarily surrendered by the owner or custodian or forfeited 17 pursuant to court order shall be returned to the owner or custodian only 18 upon proof that appropriate shelter as required by this section is being 19 provided. 20 (f) Beginning seventy-two hours after a charge of violating this 21 section, each day that a defendant fails to correct the deficiencies in 22 the dog shelter for a dog that he or she owns or that is in his or her 23 custody or control and that is left outdoors, so as to bring such shel- 24 ter into compliance with the provisions of this section, shall consti- 25 tute a separate offense. 26 Failure to provide appropriate shelter for dogs left outdoors is a 27 violation punishable by a fine of not less than fifty dollars nor more 28 than one hundred dollars for a first offense, and a fine of not less 29 than one hundred dollars nor more than two hundred fifty dollars for a 30 second and subsequent offenses. The court may, in its discretion, reduce 31 the amount of any fine imposed for a violation of this section by the 32 amount which the defendant proves he or she has spent providing a dog 33 shelter or repairing an existing dog shelter to comply with the require- 34 ments of this section. 35 § 280.25 Electrocution of fur-bearing animals. 36 A person is guilty of electrocution of fur-bearing animals when he or 37 she, notwithstanding any other provision of law, intentionally kills or 38 stuns a fur-bearing animal by means of an electrical current. 39 Electrocution of fur-bearing animals is a class A misdemeanor. 40 § 280.30 Confinement of a companion animal in a vehicle; extreme temper- 41 atures. 42 (a) A person is guilty of confinement of a companion animal in a vehi- 43 cle in extreme temperatures when he or she confines a companion animal 44 in a motor vehicle in extreme heat or cold without proper ventilation or 45 other protection from such extreme temperatures where such confinement 46 places such companion animal in imminent danger of death or serious 47 physical injury due to exposure to such extreme heat or cold. 48 (b) If the operator of such vehicle cannot be promptly located, a 49 police officer, peace officer, or peace officer acting as an agent of a 50 duly incorporated humane society may take necessary steps to remove the 51 animal or animals from such vehicle. 52 (i) Police officers, peace officers or peace officers acting as agents 53 of a duly incorporated humane society removing an animal or animals from 54 a vehicle pursuant to this section shall place a written notice on or in 55 the vehicle, bearing the name of the officer or agent, and the depart- 56 ment or agency and address where the animal or animals will be taken.A. 173 7 1 (ii) An animal or animals removed from a vehicle pursuant to this 2 section shall, after receipt of any necessary emergency veterinary 3 treatment, be delivered to the duly incorporated humane society or soci- 4 ety for the prevention of cruelty to animals, or designated agent there- 5 of, in the jurisdiction where the animal or animals were seized. 6 (iii) Officers shall not be held criminally or civilly liable for 7 actions taken reasonably and in good faith in carrying out the 8 provisions of this section. 9 (c) Nothing contained in this section shall be construed to affect any 10 other protections afforded to companion animals under any other 11 provisions of this article. 12 Confinement of a companion animal in a vehicle in extreme temperatures 13 is a violation punishable by a fine of not less than fifty dollars nor 14 more than one hundred dollars for a first offense, and a fine of not 15 less than one hundred dollars nor more than two hundred fifty dollars 16 for a second and subsequent offenses. 17 § 280.35 Participation in a prohibited practice at a companion animal 18 grooming facility. 19 (a) A person is guilty of participating in a prohibited practice at a 20 companion animal grooming facility, as defined in subdivision (m) of 21 section 280.00 of this article, when he or she uses a cage or box dryer, 22 as defined in subdivision (l) of section 280.00 of this section, which 23 contains a heating element with the heating element turned on for the 24 purpose of drying or aiding in the drying of a companion animal. 25 (b) Nothing contained in this section shall limit or abrogate any 26 claim or cause of action any person may have under common law or by 27 statute. The provisions of this section shall be in addition to any such 28 common law and statutory remedies. 29 Participation in a prohibited practice at a companion animal grooming 30 facility is a violation punishable by a civil penalty of not less than 31 two hundred fifty dollars nor more than five hundred dollars for each 32 violation. 33 § 280.40 Piercing and tattooing of a companion animal. 34 A person is guilty of piercing or tattooing of a companion animal when 35 he or she: 36 (a) pierces or causes to have pierced a companion animal, unless such 37 piercing provides a medical benefit to the companion animal whereas such 38 piercing shall be performed by a licensed veterinarian or under the 39 supervision of a licensed veterinarian; or 40 (b) tattoos or causes to have tattooed a companion animal, unless such 41 tattoo, as defined in subdivision (n) of section 280.00 of this article: 42 (i) is done in conjunction with a medical procedure performed by a 43 licensed veterinarian or under the supervision of a licensed veterinari- 44 an for the benefit of the companion animal and to indicate that such 45 medical procedure has been done, provided that such tattoo is not for 46 design purposes; or 47 (ii) is done for the purpose of identification of the companion animal 48 and not for design purposes, and such tattoo includes only such numbers 49 and/or letters allotted by a corporation that, in the regular course of 50 its business, maintains an animal tattoo identification registry. 51 Piercing and tattooing of a companion animal is a violation. 52 § 280.45 Unlawful sale of baby chicks and baby rabbits. 53 (a) A person is guilty of unlawful sale of baby chicks or baby rabbits 54 when he or she: 55 (i) sells, offers for sale, barters or gives away living baby chicks, 56 ducklings or other fowl or baby rabbits, as defined in subdivision (o)A. 173 8 1 of section 280.00 of this article, unless such person provides proper 2 brooder facilities appropriate for the care of such baby chicks, duck- 3 lings or other fowl or baby rabbits during the time they are in the 4 possession of such person; 5 (ii) sells, offers for sale, barters or displays living baby chicks, 6 ducklings or other fowl or baby rabbits which have been dyed, colored or 7 otherwise treated so as to impart to them an artificial color; or 8 (iii) sells, offers for sale, barters or gives away living baby 9 chicks, ducklings or other fowl or baby rabbits under two months of age 10 in any quantity less than six. 11 (b) Nothing under this section shall be interpreted or applied to 12 prevent or restrict teachers and qualified instructors of youth under 13 the guidance and supervision of the New York state cooperative extension 14 service from using eggs for non-profit educational purposes or from 15 observing fowl hatched from such eggs for non-profit educational 16 purposes. 17 Unlawful sale of baby chicks and baby rabbits is a class A misdemea- 18 nor. 19 § 280.50 Abandonment of an animal. 20 A person is guilty of abandonment of an animal when he or she, being 21 the owner or possessor, or having charge or custody of an animal, aban- 22 dons such animal, or leaves it to die in a street, road or public place, 23 or who allows such animal, if it becomes disabled, to lie in a public 24 street, road or public place more than three hours after he or she 25 receives notice that it is left disabled. 26 Abandonment of an animal is a class A misdemeanor. 27 § 280.55 Failure to provide proper food and drink to impounded animals. 28 (a) A person is guilty of failure provide proper food and drink to 29 impounded animals when he or she, having impounded or confined any 30 animal, refuses or neglects to supply to such animal during its confine- 31 ment a sufficient supply of good and wholesome air, food, shelter and 32 water. 33 (b) If any animal shall be impounded pursuant to subdivision (a) of 34 this section, and shall continue to be without necessary food and water 35 for more than twelve successive hours, it shall be lawful for any 36 person, from time to time, and as often as it shall be necessary, to 37 enter into and upon such impound and supply such animal with necessary 38 food and water, so long as it shall remain so confined; such person 39 shall not be liable to any action for such entry, and the reasonable 40 cost of such food and water may be collected by such person from the 41 owner of such animal, and such animal shall not be exempt from levy and 42 sale upon execution issued upon a judgment therefor. 43 Failure to provide proper food and drink to impounded animals is a 44 class A misdemeanor. 45 § 280.60 Carrying an animal in a cruel manner. 46 A person is guilty of carrying an animal in a cruel manner when: 47 (a) he or she carries or causes to be carried in or upon any vessel or 48 vehicle or otherwise, any animal in a cruel or inhumane manner, or so as 49 to produce torture; or 50 (b) a railway corporation, or an owner, agent, consignee, or person in 51 charge of any horses, sheep, cattle, or swine, in the course of, or for 52 transportation, who confines, or causes or suffers the same to be 53 confined, in cars for a longer period than twenty-eight consecutive 54 hours, or thirty-six consecutive hours where consent is given in the 55 manner hereinafter provided, without unloading for rest, water and feed-A. 173 9 1 ing, during five consecutive hours, unless prevented by storm or inevi- 2 table accident. 3 (i) The consent which will extend the period from twenty-eight to 4 thirty-six hours shall be given by the owner, or by the person in custo- 5 dy of a particular shipment, by writing separate and apart from any 6 printed bill of lading or other railroad form. 7 (ii) In estimating such confinement, the time during which the animals 8 have been confined without rest, on connecting roads from which they are 9 received, must be computed. 10 Carrying an animal in a cruel manner is a class A misdemeanor. 11 § 280.65 Poisoning or attempting to poison animals in the first degree. 12 A person is guilty of poisoning or attempting to poison animals in the 13 first degree when he or she: 14 (a) unjustifiably administers any poisonous or noxious drug or 15 substance to a horse, mule or domestic cattle; or 16 (b) unjustifiably exposes any such drug or substance with intent that 17 the same shall be taken by a horse, mule or by domestic cattle, whether 18 such horse, mule or domestic cattle is the property of such person or 19 another. 20 Poisoning or attempting to poison animals in the first degree is a 21 class E felony. 22 § 280.66 Poisoning or attempting to poison animals in the second degree. 23 A person is guilty of poisoning or attempting to poison animals in the 24 second degree when he or she: 25 (a) unjustifiably administers any poisonous or noxious drug or 26 substance to an animal, other than a horse, mule or domestic cattle; or 27 (b) unjustifiably exposes any such drug or substance with intent that 28 the same shall be taken by an animal other than a horse, mule or domes- 29 tic cattle, whether such animal is the property of such person or anoth- 30 er. 31 Poisoning or attempting to poison animals in the second degree is a 32 class A misdemeanor. 33 § 280.70 Interference with or injury to certain domestic animals. 34 A person is guilty of interference with or injury to certain domestic 35 animals when he or she willfully or unjustifiably interferes with, 36 injures, destroys or tampers with or who willfully permits, instigates, 37 engages in or in any way furthers any act by which any horse, mule, dog 38 or any other domestic animal used for the purposes of racing, breeding 39 or competitive exhibition of skill, breed or stamina, is interfered 40 with, injured, destroyed or tampered with, or any act tending to produce 41 such interference, injury, destruction or tampering, whether such horse, 42 mule, dog or other domestic animal is the property of such person or 43 another. 44 Interference with or injury to certain domestic animals is a class E 45 felony. 46 § 280.75 Throwing a substance injurious to animals in a public place. 47 A person is guilty of throwing a substance injurious to animals in a 48 public place when he or she willfully throws, drops or places, or causes 49 to be thrown, dropped or placed upon any road, highway, street or public 50 place, any glass, nails, pieces of metal, or other substance which might 51 wound, disable or injure any animal. 52 Throwing a substance injurious to animals in a public place is a class 53 A misdemeanor. 54 § 280.80 Unauthorized possession of dogs; presumptive evidence of larce- 55 ny.A. 173 10 1 The unauthorized possession of a dog or dogs, by any person not the 2 true owner, for a period exceeding ten days, without notifying either 3 the owner, the local police authorities, or the superintendent of the 4 state police of such possession, shall be presumptive evidence of larce- 5 ny. 6 § 280.85 Running horses on a highway. 7 A person is guilty of running horses on a highway when he or she is 8 driving any vehicle upon any plank road, turnpike or public highway, who 9 unjustifiably runs the horses drawing the same, or causes or permits 10 them to run. 11 Running horses on a highway is a class A misdemeanor. 12 § 280.90 Clipping or cutting the ears of a dog. 13 (a) A person is guilty of clipping or cutting the ears of a dog when 14 he or she clips or cuts off or causes or procures another to clip or cut 15 off the whole or any part of an ear of any dog unless an anaesthetic 16 shall have been given to the dog and the operation is performed by a 17 licensed veterinarian. 18 (b) Each applicant for a dog license must state on such application 19 whether any ear of the dog for which he or she applies for such license 20 has been cut off wholly or in part. 21 (c) Nothing in this section shall be construed as preventing any dog 22 whose ear or ears have been clipped or cut off wholly or in part, not in 23 violation of this section, from being imported into the state exclusive- 24 ly for breeding purposes. 25 Clipping or cutting the ears of a dog is a class A misdemeanor. 26 § 280.95 Stealing a companion animal. 27 A person is guilty of stealing a companion animal when he or she: 28 (a) removes or causes to be removed the collar, identification tag or 29 any other identification by which the owner may be ascertained from any 30 dog, cat or any other companion animal, as defined in subdivision (e) of 31 section 280.00 of this article; 32 (b) entices any identified dog, cat or other such companion animal 33 into or out of any house or enclosure for the purpose of removing its 34 collar, tag or any other identification, except with the owner's permis- 35 sion; 36 (c) entices, seizes or molests any companion animal, while it is being 37 held or led by any person or while it is properly muzzled or wearing a 38 collar with an identification tag attached, except where such action is 39 incidental to the enforcement of some law or regulation; or 40 (d) transports any companion animal, not lawfully in his or her 41 possession, for the purpose of killing or selling such companion animal. 42 Stealing a companion animal is a class A misdemeanor. 43 § 280.100 Removing, seizing or transporting a dog for research purposes. 44 A person is guilty of removing, seizing or transporting a dog for 45 research purposes when he or she removes, seizes or transports or causes 46 to remove, seize or transport any dog which belongs to or is licensed to 47 another for the purpose of sale, barter or to give away said dog to a 48 laboratory, hospital, research institute, medical school or any agency 49 or organization engaged in research activity, without the express writ- 50 ten permission of the owner or licensee. 51 Removing, seizing or transporting a dog for research purposes is a 52 class A misdemeanor. 53 § 280.105 Unlawfully operating upon the tails of horses. 54 (a) A person is guilty of unlawfully operating upon the tails of hors- 55 es when he or she:A. 173 11 1 (i) cuts the bone, tissues, muscles or tendons of the tail of any 2 horse, mare or gelding, or otherwise operates upon it in any manner for 3 the purpose or with the effect of docking, setting, or otherwise alter- 4 ing the natural carriage of the tail, or who knowingly permits the same 5 to be done upon premises of which he or she is the owner, lessee, 6 proprietor or user, or who assists in or is voluntarily present at such 7 cutting; or 8 (ii) shows or exhibits at any horse show or other like exhibition in 9 this state a horse, mare or gelding, the tail of which has been cut or 10 operated upon pursuant to this subdivision. 11 (1) Provided that the provisions of this section shall not apply with 12 respect to an animal the tail of which has been so cut or operated upon, 13 if the owner thereof furnishes to the manager or other official having 14 charge of the horse show or exhibition at which such animal is shown or 15 exhibited, an affidavit by the owner, or a licensed veterinarian, in a 16 form approved by the department of agriculture and markets, stating that 17 the tail of such horse was so cut in a state wherein such cutting was 18 not then specifically prohibited by the laws thereof. 19 (2) Such affidavit shall, to the best of the affiant's knowledge, 20 information and belief, identify the animal with respect to sex, age, 21 markings, sire and dam, and state the time and place of such cutting and 22 the name and address of the person by whom it was performed. 23 (3) The affidavit shall be subject to inspection at all reasonable 24 times by any peace officer, acting pursuant to his or her special 25 duties, or police officer of this state, or by a designated represen- 26 tative of the commissioner of agriculture and markets. 27 (4) In lieu of furnishing such affidavit to the manager or other offi- 28 cial having charge of such horse show or exhibition, the owner of such 29 horse may specify on the entry blank for the horse show or exhibition 30 the name and address of a central registry office designated by the 31 department of agriculture and markets where such an affidavit has 32 already been filed and is available for inspection. 33 (b) If a horse is found with the bone, tissues, muscles or tendons of 34 its tail cut as described in subdivision (a) of this section, and with 35 the wound resulting therefrom unhealed, upon the premises or in the 36 charge and custody of any person, such fact shall be prima facie 37 evidence of a violation of this section by the owner or user of such 38 premises or the person having such charge or custody, respectively. 39 Unlawfully operating upon the tails of horses is a class A misdemea- 40 nor. 41 § 280.110 Evidentiary and impoundment procedures by members of law 42 enforcement. 43 Matters relating to the seizure, adoption, care, disposition and 44 destruction of animals by members of law enforcement and members of a 45 duly incorporated society for the prevention of cruelty to animals 46 charged to enforce this article, ancillary to such enforcement of this 47 article, shall be governed by article twenty-six of the agriculture and 48 markets law and article six hundred ninety of the criminal procedure 49 law. 50 § 280.115 Disposition of animals through forfeiture procedures after 51 conviction. 52 (a) In addition to any other penalty provided by law, upon conviction 53 for any violation of section 280.05, 280.06, 280.07, 280.10, 280.15, 54 280.20, 280.50, 280.55, 280.60, 280.65, 280.66, 280.75, or 280.105 of 55 this article, the convicted person may, after a duly held hearing pursu- 56 ant to subdivision (f) of this section, be ordered by the court toA. 173 12 1 forfeit, to a duly incorporated society for the prevention of cruelty to 2 animals or a duly incorporated humane society or authorized agents ther- 3 eof, the animal or animals which are the basis of such conviction. Upon 4 such an order of forfeiture, the convicted person shall be deemed to 5 have relinquished all rights to the animals which are the basis of such 6 conviction, except those granted in subdivision (d) of this section. 7 (b) No animal in the custody of a duly incorporated society for the 8 prevention of cruelty to animals, a duly incorporated humane society, 9 duly incorporated animal protective association, pound or its authorized 10 agents thereof, shall be sold, transferred or otherwise made available 11 to any person for the purpose of research, experimentation or testing. 12 No authorized agent of a duly incorporated society for the prevention of 13 cruelty to animals, nor of a duly incorporated humane society, duly 14 incorporated animal protective association or pound shall use any animal 15 placed in its custody by the duly incorporated society for the 16 prevention of cruelty to animals or duly incorporated humane society for 17 the purpose of research, experimentation or testing. 18 (c) The court may additionally order that the convicted person or any 19 person dwelling in the same household who conspired, aided or abetted in 20 the unlawful act which was the basis of the conviction, or who knew or 21 should have known of the unlawful act, shall not own, harbor, or have 22 custody or control of any other animals, other than farm animals, for a 23 period of time which the court deems reasonable. 24 (d) In the case of farm animals, the court may, in addition to the 25 forfeiture to a duly incorporated society for the prevention of cruelty 26 to animals or a duly incorporated humane society or authorized agents 27 thereof, and subject to the restrictions of section 280.45 of this arti- 28 cle and section three hundred fifty-seven of the agriculture and markets 29 law, order the farm animals which were the basis of such conviction to 30 be sold. In no case shall farm animals which are the basis of the 31 conviction be redeemed by the convicted person who is the subject of the 32 order of forfeiture or by any person dwelling in the same household who 33 conspired, aided or abetted in the unlawful act which was the basis of 34 such conviction, or who knew or should have known of the unlawful act. 35 The court shall reimburse the convicted person and any duly determined 36 interested persons, pursuant to subdivision (f) of this section, any 37 money earned by the sale of the farm animals less any costs including, 38 but not limited to, veterinary and custodial care, and any fines or 39 penalties imposed by the court. The court may order that the subject 40 animals be provided with appropriate care and treatment pending the 41 hearing and the disposition of the charges. Any farm animal ordered 42 forfeited but not sold shall be remanded to the custody and charge of a 43 duly incorporated society for the prevention of cruelty to animals or 44 duly incorporated humane society or its authorized agent thereof and 45 disposed of pursuant to subdivision (e) of this section. 46 (e) A duly incorporated society for the prevention of cruelty to 47 animals or a duly incorporated humane society in charge of animals 48 forfeited pursuant to subdivision (a) of this section may, in its 49 discretion, lawfully and without liability, adopt them to individuals 50 other than the convicted person or person dwelling in the same household 51 who conspired, aided or abetted in the unlawful act which was the basis 52 of such conviction, or who knew or should have known of the unlawful 53 act, or humanely euthanize them according to the provisions of section 54 three hundred seventy-four of the agriculture and markets law. 55 (f) (i) Prior to an order of forfeiture of farm animals, a hearing 56 shall be held within thirty days of conviction, to determine the pecuni-A. 173 13 1 ary interests of any other person in the farm animals which were the 2 basis of the conviction. Written notice shall be served at least five 3 days prior to the hearing upon all interested persons. In addition, 4 notice shall be made by publication in a local newspaper at least seven 5 days prior to the hearing. For the purposes of this subdivision, inter- 6 ested persons shall mean any individual, partnership, firm, joint stock 7 company, corporation, association, trust, estate, or other legal entity 8 who the court determines may have a pecuniary interest in such farm 9 animals. 10 (ii) All interested persons shall be provided an opportunity at the 11 hearing to redeem their interest as determined by the court in such farm 12 animals and to purchase the interest of the convicted person. The 13 convicted person shall be entitled to be reimbursed his or her interest 14 in the farm animals, less any costs, fines or penalties imposed by the 15 court, as specified under subdivision (d) of this section. In no case 16 shall the court award custody or control of the animals to any inter- 17 ested person who conspired, aided or abetted in the unlawful act which 18 was the basis of such conviction, or who knew or should have known of 19 such unlawful act. 20 (g) Nothing in this section shall be construed to limit or restrict in 21 any way the rights of a secured party having a security interest in any 22 farm animal described in this section. This section expressly does not 23 impair or subordinate the rights of such a secured lender having a secu- 24 rity interest in farm animals or in the proceeds from the sale of such 25 farm animals. 26 § 280.120 Officer may take possession of animals or implements used in 27 fights among animals. 28 Any officer authorized by law to make arrests may lawfully take 29 possession of any animals, or implements, or other property used or 30 employed, or about to be used or employed, in the violation of any 31 provision of law relating to fights among animals. He or she shall state 32 to the person in charge thereof, at the time of such taking, his or her 33 name and residence, and also, the time and place at which the applica- 34 tion provided for by section 280.125 of this article will be made. 35 § 280.125 Disposition of animals or implements used in fights among 36 animals. 37 An officer, after taking possession of such animals, or implements, or 38 other property, pursuant to section 280.120 of this article, shall apply 39 to the magistrate before which the complaint was made against the offen- 40 der violating such provision of law, for the order described herein, and 41 shall make and file an affidavit with such magistrate, stating therein 42 the name of the offender charged in such complaint, the time, place and 43 description of the animals, implements or other property so taken, 44 together with the name of the party who claims the same, if known, and 45 that the affiant has reason to believe and does believe, stating the 46 grounds of such belief, that the same were used or employed, or were 47 about to be used or employed, in such violation, and will establish the 48 truth thereof upon the trial of such offender. He or she shall then 49 deliver such animals, implements, or other property, to such magistrate, 50 who shall thereupon, by order in writing, place the same in the custody 51 of an officer or other proper person named and designated in such order, 52 to be kept until the trial or final discharge of the offender, and shall 53 send a copy of such order, without delay, to the district attorney of 54 the county. The officer or person named and designated in such order, 55 shall immediately thereupon assume such custody, and shall retain such 56 for the purpose of evidence upon such trial, subject to the order of theA. 173 14 1 court before which such offender may be required to appear, until his or 2 her final discharge or conviction. Upon the conviction of such offender, 3 the animals, implements, or other property, shall be adjudged by the 4 court to be forfeited. In the event of the acquittal or final discharge, 5 without conviction, of such offender, such court shall, on demand, 6 direct the delivery of the property held in custody to the owner there- 7 of. 8 § 4. Paragraph (a) of subdivision 24 of section 108 of the agriculture 9 and markets law, as amended by chapter 392 of the laws of 2004, is 10 amended to read as follows: 11 (a) "Dangerous dog" means any dog which (i) without justification 12 attacks a person, companion animal as defined in subdivision [five] (e) 13 of section [three hundred fifty of this chapter] 280.00 of the penal 14 law, farm animal as defined in subdivision [four] (d) of section [three15hundred fifty of this chapter] 280.00 of the penal law or domestic 16 animal as defined in subdivision seven of this section and causes phys- 17 ical injury or death, or (ii) behaves in a manner which a reasonable 18 person would believe poses a serious and unjustified imminent threat of 19 serious physical injury or death to one or more persons, companion 20 animals, farm animals or domestic animals or (iii) without justification 21 attacks a service dog, guide dog or hearing dog and causes physical 22 injury or death. 23 § 5. Subdivision 1 and paragraph (b) of subdivision 2 of section 123 24 of the agriculture and markets law, as amended by section 18 of part T 25 of chapter 59 of the laws of 2010, are amended to read as follows: 26 1. Any person who witnesses an attack or threatened attack, or in the 27 case of a minor, an adult acting on behalf of such minor, may make a 28 complaint of an attack or threatened attack upon a person, companion 29 animal as defined in subdivision (e) of section [three hundred fifty of30this chapter] 280.00 of the penal law, farm animal as defined in [such] 31 subdivision (d) of section [three hundred fifty] 280.00 of the penal 32 law, or a domestic animal as defined in subdivision seven of section one 33 hundred eight of this article to a dog control officer or police officer 34 of the appropriate municipality. Such officer shall immediately inform 35 the complainant of his or her right to commence a proceeding as provided 36 in subdivision two of this section and, if there is reason to believe 37 the dog is a dangerous dog, the officer shall forthwith commence such 38 proceeding himself or herself. 39 (b) secure, humane confinement of the dog for a period of time and in 40 a manner deemed appropriate by the court but in all instances in a 41 manner designed to: (1) prevent escape of the dog, (2) protect the 42 public from unauthorized contact with the dog, and (3) to protect the 43 dog from the elements pursuant to section [three hundred fifty-three-b44of this chapter] 280.00 of the penal law. Such confinement shall not 45 include lengthy periods of tying or chaining; 46 § 6. Section 332 of the agriculture and markets law, as amended by 47 chapter 449 of the laws of 2010, is amended to read as follows: 48 § 332. Disposition. Any person having in his or her care, custody, or 49 control any abandoned animal, as defined in section three hundred thir- 50 ty-one of this article, may deliver such animal to any duly incorporated 51 society for the prevention of cruelty to animals or any duly incorpo- 52 rated humane society having facilities for the care and eventual dispo- 53 sition of such animals, or, in the case of dogs, cats and other small 54 animals, to any pound maintained by or under contract or agreement with 55 any county, city, town, or village within which such animal was aban- 56 doned. The person with whom the animal was abandoned shall, however, onA. 173 15 1 the day of divesting himself or herself of possession thereof, notify 2 the person who had placed such animal in his or her custody of the name 3 and address of the animal society or pound to which the animal has been 4 delivered, such notice to be by registered letter mailed to the last 5 known address of the person intended to be so notified. If an animal is 6 not claimed by its owner within five days after being so delivered to 7 such duly incorporated society for the prevention of cruelty to animals, 8 duly incorporated humane society or pound, such animal may at any time 9 thereafter be placed for adoption in a suitable home [or euthanized in10accordance with the provisions of section three hundred seventy-four of11this chapter]. In no event, however, shall the use of a decompression 12 chamber or decompression device of any kind be used for the purpose of 13 destroying or disposing of such animal. 14 § 7. Paragraph a of subdivision 6 of section 373 of the agriculture 15 and markets law, as amended by chapter 289 of the laws of 2018, is 16 amended to read as follows: 17 a. If any animal is seized and impounded pursuant to the provisions of 18 this section, section [three hundred fifty-three-d of this article] 19 280.30 of the penal law or section three hundred seventy-five of this 20 article for any violation of this article, upon arraignment of charges, 21 or within a reasonable time thereafter, the duly incorporated society 22 for the prevention of cruelty to animals, humane society, pound, animal 23 shelter or any authorized agents thereof, hereinafter referred to for 24 the purposes of this section as the "impounding organization", may file 25 a petition with the court in which criminal charges have been filed 26 requesting that the person from whom an animal is seized or the owner of 27 the animal be ordered to post a security. The district attorney prose- 28 cuting the charges may file and obtain the requested relief on behalf of 29 the impounding organization if requested to do so by the impounding 30 organization. The security shall be in an amount sufficient to secure 31 payment for all reasonable expenses expected to be incurred by the 32 impounding organization in caring and providing for the animal pending 33 disposition of the charges. Reasonable expenses shall include, but not 34 be limited to, estimated medical care and boarding of the animal for at 35 least thirty days. The amount of the security, if any, shall be deter- 36 mined by the court after taking into consideration all of the facts and 37 circumstances of the case including, but not limited to the recommenda- 38 tion of the impounding organization having custody and care of the 39 seized animal and the cost of caring for the animal. If a security has 40 been posted in accordance with this section, the impounding organization 41 may draw from the security the actual reasonable costs to be incurred by 42 such organization in caring for the seized animal. 43 § 8. Subdivision 6 of section 399-aa of the general business law, as 44 added by chapter 573 of the laws of 2002, is amended to read as follows: 45 6. (a) No provision of this section shall be construed to prohibit or 46 interfere with any properly conducted scientific tests, experiments or 47 investigations involving the use of dog or cat fur or flesh, performed 48 or conducted in laboratories or institutions, which are approved for 49 these purposes by the state commissioner of health in accordance with 50 section [three hundred fifty-three of the agriculture and markets] 51 280.10 of the penal law. 52 (b) No provision of this section shall be construed to prohibit any 53 person, firm, partnership or corporation from importing, selling, offer- 54 ing for sale, manufacturing, distributing, transporting, or otherwise 55 marketing or trading in the fur, hair, skin, or flesh of a domesticated 56 dog or cat for the purposes of conducting scientific tests, experimentsA. 173 16 1 or investigations that are to be performed or conducted in laboratories 2 or institutions, which are approved for these purposes by the state 3 commissioner of health in accordance with section [three hundred fifty-4three of the agriculture and markets] 280.10 of the penal law. 5 § 9. Subdivision 1 of section 352.3 of the family court act, as 6 amended by chapter 261 of the laws of 2020, is amended to read as 7 follows: 8 (1) Upon the issuance of an order pursuant to section 315.3 or the 9 entry of an order of disposition pursuant to section 352.2, a court may 10 enter an order of protection against any respondent for good cause 11 shown. The order may require that the respondent: (a) stay away from the 12 home, school, business or place of employment of the victims of the 13 alleged offense; or (b) refrain from harassing, intimidating, threaten- 14 ing or otherwise interfering with the victim or victims of the alleged 15 offense and such members of the family or household of such victim or 16 victims as shall be specifically named by the court in such order; or 17 (c) refrain from intentionally injuring or killing, without justifica- 18 tion, any companion animal the respondent knows to be owned, possessed, 19 leased, kept or held by the person protected by the order or a minor 20 child residing in such person's household; or (d) refrain from remotely 21 controlling any connected devices affecting the home, vehicle or proper- 22 ty of the person protected by the order. "Companion animal", as used in 23 this subdivision, shall have the same meaning as in subdivision [five] 24 (e) of section [three hundred fifty of the agriculture and markets] 25 280.00 of the penal law. "Connected device", as used in this subdivi- 26 sion, shall mean any device, or other physical object that is capable of 27 connecting to the internet, directly or indirectly, and that is assigned 28 an internet protocol address or bluetooth address. 29 § 10. Paragraph 2 of subdivision (h) of section 446 of the family 30 court act, as amended by chapter 526 of the laws of 2013, is amended to 31 read as follows: 32 2. "Companion animal", as used in this section, shall have the same 33 meaning as in subdivision [five] (e) of section [three hundred fifty of34the agriculture and markets] 280.00 of the penal law; 35 § 11. Paragraph 2 of subdivision (i) of section 551 of the family 36 court act, as amended by chapter 526 of the laws of 2013, is amended to 37 read as follows: 38 2. "Companion animal", as used in this section, shall have the same 39 meaning as in subdivision [five] (e) of section [three hundred fifty of40the agriculture and markets] 280.00 of the penal law; 41 § 12. Paragraph 2 of subdivision (i) of section 656 of the family 42 court act, as amended by chapter 526 of the laws of 2013, is amended to 43 read as follows: 44 2. "Companion animal", as used in this section, shall have the same 45 meaning as in subdivision [five] (e) of section [three hundred fifty of46the agriculture and markets] 280.00 of the penal law; 47 § 13. Paragraph 2 of subdivision (h) of section 759 of the family 48 court act, as amended by chapter 261 of the laws of 2020, is amended to 49 read as follows: 50 2. "Companion animal", as used in this section, shall have the same 51 meaning as in subdivision [five] (e) of section [three hundred fifty of52the agriculture and markets] 280.00 of the penal law; 53 § 14. Paragraph 2 of subdivision (i) of section 842 of the family 54 court act, as amended by chapter 335 of the laws of 2019, is amended to 55 read as follows:A. 173 17 1 2. "Companion animal", as used in this section, shall have the same 2 meaning as in subdivision [five] (e) of section [three hundred fifty of3the agriculture and markets] 280.00 of the penal law; 4 § 15. Subparagraph 2 of paragraph (g) of subdivision 1 of section 1056 5 of the family court act, as amended by chapter 526 of the laws of 2013, 6 is amended to read as follows: 7 2. "Companion animal", as used in this section, shall have the same 8 meaning as in subdivision [five] (e) of section [three hundred fifty of9the agriculture and markets] 280.00 of the penal law; 10 § 16. Clause (B) of subparagraph 6 of paragraph (a) of subdivision 1 11 of section 530.12 of the criminal procedure law, as amended by chapter 12 526 of the laws of 2013, is amended to read as follows: 13 (B) "Companion animal", as used in this section, shall have the same 14 meaning as in subdivision [five] (e) of section [three hundred fifty of15the agriculture and markets] 280.00 of the penal law; 16 § 17. Subparagraph 2 of paragraph (c) of subdivision 1 and subpara- 17 graph 2 of paragraph (c) of subdivision 4 of section 530.13 of the crim- 18 inal procedure law, as amended by chapter 261 of the laws of 2020, are 19 amended to read as follows: 20 2. "Companion animal", as used in this section, shall have the same 21 meaning as in subdivision [five] (e) of section [three hundred fifty of22the agriculture and markets] 280.00 of the penal law; 23 2. "Companion animal", as used in this section, shall have the same 24 meaning as in subdivision [five] (e) of section [three hundred fifty of25the agriculture and markets] 280.00 of the penal law; 26 § 18. Paragraph (v) of subdivision 8 of section 700.05 of the criminal 27 procedure law, as added by chapter 91 of the laws of 2017, is amended to 28 read as follows: 29 (v) Any of the acts designated as felonies in section [three hundred30fifty-one of the agriculture and markets] 280.05 of the penal law. 31 § 19. The opening paragraph of paragraph e of subdivision 6 of section 32 11-0103 of the environmental conservation law, as amended by chapter 10 33 of the laws of 2005, is amended to read as follows: 34 "Wild animal" shall not include "companion animal" as defined in 35 section [three hundred fifty of the agriculture and markets] 280.00 of 36 the penal law. Wild animal includes, and is limited to, any or all of 37 the following orders and families: 38 § 20. Paragraph (b) of subdivision 1 of section 1264-a of the public 39 authorities law, as added by chapter 378 of the laws of 2017, is amended 40 to read as follows: 41 (b) "Domestic companion animal" means a companion animal or pet as 42 defined in subdivision (e) of section [three hundred fifty of the agri-43culture and markets] 280.00 of the penal law and shall also mean any 44 other domesticated animal normally maintained in or near the household 45 of the owner or person who cares for such other domesticated animal. 46 "Pet" or "companion animal" shall not include a "farm animal", as 47 defined in subdivision (d) of section [three hundred fifty of the agri-48culture and markets] 280.00 of the penal law. 49 § 21. Subdivision a of section 17-1601 of the administrative code of 50 the city of New York, as added by local law number 4 of the city of New 51 York for the year 2014, is amended to read as follows: 52 a. "Animal abuse crime" shall mean any of the following: 53 1. animal fighting, as defined in [section three hundred fifty-one of54the agriculture and markets] sections 280.05, 280.06, and 280.07 of the 55 penal law;A. 173 18 1 2. overdriving, torturing or injuring animals; failure to provide 2 proper sustenance, as defined in section [three hundred fifty-three of3the agriculture and markets] 280.10 of the penal law; 4 3. aggravated cruelty to animals, as defined in section [three hundred5fifty-three-a of the agriculture and markets] 280.15 of the penal law; 6 4. electrocution of fur-bearing animals, as defined in section [three7hundred fifty-three-c of the agriculture and markets] 280.25 of the 8 penal law; 9 5. abandonment of animals, as defined in section [three hundred10fifty-five of the agriculture and markets] 280.50 of the penal law; 11 6. failure to provide proper food and drink to an impounded animal, as 12 defined in section [three hundred fifty-six of the agriculture and13markets] 280.55 of the penal law; 14 7. poisoning or attempting to poison animals, as defined in [section15three hundred sixty of the agriculture and markets] sections 280.65 and 16 280.66 of the penal law; 17 8. interference with or injury to certain domestic animals, as defined 18 in section [three hundred sixty-one of the agriculture and markets] 19 280.70 of the penal law; 20 9. harming a service animal in the first degree, as defined in section 21 242.15 of the penal [code] law; or 22 10. an offense in any other jurisdiction which includes all of the 23 essential elements of any such crime provided for in paragraph one, two, 24 three, four, five, six, seven, eight, or nine of this subdivision. 25 § 22. Subdivision d of section 20-383 of the administrative code of 26 the city of New York, as amended by local law number 2 of the city of 27 New York for the year 1994, is amended to read as follows: 28 d. Notwithstanding the provisions of subdivisions b and c of this 29 section, any driver of a horse drawn cab found guilty of one violation 30 of subdivision d of section 20-381.1 of the code or sections [three31hundred fifty-one, three hundred fifty-three, three hundred fifty-five32through three hundred sixty-two or three hundred sixty-nine of the New33York state agriculture and markets law] 280.05, 280.06, 280.07, 280.10, 34 280.15, 280.20, 280.25, 280.30, 280.35, 280.40, 280.45, 280.50, 280.55, 35 280.60, 280.65, 280.66, 280.70 or 280.75 of the penal law or who is 36 found guilty of a violation of this subchapter while his or her license 37 is suspended, shall have his or her license revoked. A driver whose 38 license has been revoked in accordance with this provision may not apply 39 for a new license for five years from the date of revocation. 40 § 23. This act shall take effect immediately.
