Bill Text: NY A01083 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 1083 (Prior Session Legislation)

Introduced

Bill Title: Relates to the care and collection of abandoned animals on vacant property; requires notification to the appropriate authorities by anyone authorized to be on vacant land where such person finds an animal which based on its physical appearance or lack of available food or water appears abandoned, within six hours of an encounter.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A01083 Detail]

Download: New_York-2013-A01083-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1083
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of A. ROSENTHAL, MILLER -- read once and referred to
         the Committee on Judiciary
       AN ACT to amend the agriculture and markets law, in relation to the care
         and collection of animals on vacant property
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 373 of the agriculture and markets law is amended
    2  by adding a new subdivision 2-a to read as follows:
    3    2-A. A. NOTWITHSTANDING SECTIONS THIRTEEN HUNDRED SEVEN  AND  NINETEEN
    4  HUNDRED  SEVENTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW OR
    5  ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON OR ENTITY WHO  IS
    6  AUTHORIZED  TO  BE  ON  PROPERTY THAT HAS BEEN VACATED AS A RESULT OF AN
    7  EVICTION, PROPERTY FORECLOSURE, FORFEITURE OR  DEFAULT  ON  A  MORTGAGE,
    8  TRUST  DEED  OR  LAND  SALES  CONTRACT, OR ABANDONMENT WHO ENCOUNTERS AN
    9  ANIMAL WHICH BASED ON ITS PHYSICAL APPEARANCE OR LACK OF AVAILABLE  FOOD
   10  OR  WATER  APPEARS  ABANDONED  ON  SUCH PROPERTY SHALL PROMPTLY, BUT NOT
   11  LATER THAN SIX HOURS AFTER SUCH ENCOUNTER, NOTIFY THE DOG CONTROL  OFFI-
   12  CER,  THE POLICE, OR AGENT OR OFFICER OF A DULY INCORPORATED SOCIETY FOR
   13  THE PREVENTION OF CRUELTY TO  ANIMALS  ABOUT  SUCH  ENCOUNTER,  FOR  THE
   14  PURPOSE  OF  PROMPTLY  RETRIEVING  OR  PROVIDING NECESSARY CARE FOR SUCH
   15  ANIMAL AT THE PROPERTY  UNTIL  THE  ANIMAL  CAN  BE  RETRIEVED.  ANIMALS
   16  REMOVED  FROM  THE  PREMISES  SHALL BE PLACED IN THE CUSTODY OF A POUND,
   17  DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY
   18  INCORPORATED HUMANE SOCIETY,  OR  DULY  INCORPORATED  ANIMAL  PROTECTIVE
   19  ASSOCIATION  AND  CARED  FOR  IN  ACCORDANCE WITH THE PROVISIONS OF THIS
   20  SECTION, SECTION THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE, SECTION ONE
   21  HUNDRED SEVENTEEN OF THIS CHAPTER, AND ALL  OTHER  LAWS  AND  ORDINANCES
   22  THAT  GOVERN THE HUMANE TREATMENT OF ANIMALS. FAILURE TO PROVIDE NOTIFI-
   23  CATION AS PROVIDED FOR IN THIS SUBDIVISION SHALL BE A VIOLATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05195-01-3
       A. 1083                             2
    1    B. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT  IN
    2  ANY WAY AGENTS OR OFFICERS OF SOCIETIES FOR THE PREVENTION OF CRUELTY TO
    3  ANIMALS  OR  THE POLICE FROM ENFORCING PROVISIONS OF THIS ARTICLE OR ANY
    4  OTHER LAW RELATING TO ABANDONMENT OF ANIMALS OR THE  INHUMANE  TREATMENT
    5  OF OR CRUELTY TO ANIMALS.
    6    S  2.  This  act  shall take effect on the sixtieth day after it shall
    7  have become a law.