Bill Text: NY A02881 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the inspection of property that has been vacated for abandoned animals; requires property owners and lessors to inspect such property within three days and to immediately notify the appropriate authorities when such person finds an animal which appears to be abandoned.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to agriculture [A02881 Detail]
Download: New_York-2023-A02881-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2881 2023-2024 Regular Sessions IN ASSEMBLY January 31, 2023 ___________ Introduced by M. of A. LUPARDO -- read once and referred to the Commit- tee on Agriculture AN ACT to amend the agriculture and markets law, in relation to requir- ing property owners and lessors of certain properties that have been vacated to inspect such property for abandoned animals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 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, the property owner or lessor 6 of property that has been vacated as a result of an eviction, property 7 foreclosure, forfeiture or default on a mortgage, trust deed or land 8 sales contract, or abandonment, or such property owner or lessor's 9 designee, shall, not more than three days after a property owner or a 10 lessor knew or should have known that a property has been vacated, 11 inspect the property for the presence of abandoned animals. If the prop- 12 erty owner, lessor, or designee encounters an animal which appears to be 13 abandoned on such property, such owner, lessor, or designee shall imme- 14 diately notify the dog control officer, the police, or agent or officer 15 of a duly incorporated society for the prevention of cruelty to animals 16 about such encounter, for the purpose of promptly retrieving or provid- 17 ing necessary care for such animal at the property until the animal can 18 be retrieved. The property owner, lessor, or designee who encounters an 19 abandoned animal pursuant to this paragraph shall not be deemed the 20 owner, possessor or person having charge or custody of the animal. 21 b. A property owner or lessor, or such property owner or lessor's 22 designee, who fails to comply with the requirements of paragraph a of 23 this subdivision shall be subject to a civil penalty of not more than 24 five hundred dollars for a first offense and not more than one thousand EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05017-01-3A. 2881 2 1 dollars for a second offense and each subsequent offense thereafter. 2 Funds collected pursuant to this subdivision shall be deposited into the 3 animal population control fund established pursuant to section ninety- 4 seven-xx of the state finance law. 5 c. Nothing in this section shall be construed to limit or restrict in 6 any way agents or officers of societies for the prevention of cruelty to 7 animals or the police from enforcing provisions of this article or any 8 other law relating to abandonment of animals or the inhumane treatment 9 of or cruelty to animals. 10 § 2. This act shall take effect immediately.
