Bill Text: NY S04203 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to owners of lost pets and return of lost pets to their owners; requires the entity with possession to take steps to check the dogs for any identification including tags, tattoos and microchips; makes information available to the public on their website to assist owners in finding their pets.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO AGRICULTURE [S04203 Detail]

Download: New_York-2013-S04203-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4203
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 14, 2013
                                      ___________
       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Agriculture
       AN ACT to amend the agriculture and markets  law,  in  relation  to  the
         identification of owners of lost pets and return of lost pets to their
         owners
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of section 113 of the agriculture and markets
    2  law, as amended by section 8 of part T of chapter  59  of  the  laws  of
    3  2010, is amended to read as follows:
    4    4.  Every  dog control officer, peace officer, when acting pursuant to
    5  [his] THE OFFICER'S special duties or police officer, OR SUCH  OFFICER'S
    6  AGENT,  FOLLOWING ANY SEIZURE OF A DOG, OR ANY DULY INCORPORATED SOCIETY
    7  FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCI-
    8  ETY, POUND OR SHELTER THAT IS OPERATED BY OR UNDER CONTRACT TO A MUNICI-
    9  PALITY AND IS TAKING POSSESSION OF SUCH DOG, WHICHEVER HAS POSSESSION OF
   10  THE DOG DURING THE APPLICABLE PERIOD, shall [promptly make]:
   11    (A) NO LATER THAN TWENTY-FOUR HOURS FOLLOWING SUCH SEIZURE  OR  TAKING
   12  POSSESSION, TAKE STEPS TO:
   13    (1)  CHECK  THE DOG FOR ALL CURRENTLY POSSIBLE FORMS OF IDENTIFICATION
   14  INCLUDING, BUT NOT LIMITED TO, TAGS, MICROCHIPS,  TATTOOS  OR  LICENSES;
   15  AND
   16    (2)  MAKE  AVAILABLE  TO THE PUBLIC ON THE INTERNET ON A WEBSITE MAIN-
   17  TAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFICER, SOCIETY, POUND OR
   18  SHELTER BY THE MUNICIPAL OR COUNTY GOVERNMENT  IN  WHICH  SUCH  OFFICER,
   19  SOCIETY,  POUND OR SHELTER IS LOCATED, A PHOTOGRAPH, IF PRACTICABLE, AND
   20  A GENERAL DESCRIPTION OF THE DOG TO ASSIST THE OWNER OR OWNERS IN  FIND-
   21  ING  THE DOG, INCLUDING THE BREED OR BREEDS, IF KNOWN, ALTHOUGH INFORMA-
   22  TION ABOUT THE DOG MAY BE WITHHELD IF DEEMED APPROPRIATE  TO  FACILITATE
   23  FINDING  THE OWNER OR OWNERS OR OTHERWISE PROTECT THE SAFETY OF THE DOG.
   24  SUCH OFFICER, POUND, SHELTER OR SOCIETY SHALL ALSO COMPARE THE  INFORMA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06462-02-3
       S. 4203                             2
    1  TION  KNOWN  ABOUT  THE  DOG WITH RECORDS OF DOGS REPORTED TO BE LOST OR
    2  STOLEN PURSUANT TO SECTION ONE HUNDRED TWELVE  OF  THIS  ARTICLE  WITHIN
    3  TWENTY-FOUR  HOURS AFTER SUCH RECORDS BECOME AVAILABLE FOLLOWING SEIZURE
    4  OR  TAKING POSSESSION OF SUCH DOG. THE NOTICE REQUIRED BY THIS PARAGRAPH
    5  MAY BE MADE BY MEANS OTHER THAN THE INTERNET IF USE OF THE  INTERNET  IS
    6  IMPRACTICABLE.
    7    (B)  WITHIN  TWENTY-FOUR HOURS AFTER THE OWNER OR OWNERS OF A DOG HAVE
    8  BEEN DETERMINED, NOTIFY THE OWNER OR OWNERS OF SUCH DOG PERSONALLY OR BY
    9  CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF  THE  FACTS  OF  THE  DOG'S
   10  IMPOUNDMENT  AND  THE  PROCEDURE  FOR  REDEMPTION.  IF  NOTIFICATION  IS
   11  PERSONALLY GIVEN, SUCH DOG SHALL BE HELD FOR  A  PERIOD  OF  SEVEN  DAYS
   12  AFTER THE DATE OF NOTICE, DURING WHICH PERIOD THE DOG MAY BE REDEEMED BY
   13  THE  OWNER  OR  OWNERS.  IF  SUCH NOTIFICATION IS MADE BY MAIL, SUCH DOG
   14  SHALL BE HELD FOR A PERIOD OF NINE DAYS FROM THE DATE OF MAILING, DURING
   15  WHICH PERIOD THE DOG MAY BE REDEEMED BY THE OWNER OR OWNERS.  IN  EITHER
   16  CASE,  THE  OWNER  OR  OWNERS  MAY  REDEEM  SUCH DOG UPON PAYMENT OF THE
   17  IMPOUNDMENT FEES PRESCRIBED BY SUBDIVISION FOUR OF SECTION  ONE  HUNDRED
   18  SEVENTEEN  OF THIS ARTICLE AND BY PRODUCING PROOF THAT SUCH DOG HAS BEEN
   19  LICENSED.
   20    (C) MAKE and maintain a complete record of any seizure and  subsequent
   21  disposition  of  any dog.  Such record shall include, but not be limited
   22  to, [a description of] ANY IDENTIFICATION FOUND ON  the  dog,  INCLUDING
   23  TAG,  MICROCHIP,  TATTOO  OR  LICENSE  NUMBERS,  THE BREED OR BREEDS, IF
   24  KNOWN, APPROXIMATE SIZE AND WEIGHT, COLORING AND  IDENTIFYING  MARKS  ON
   25  THE  DOG,  the  date  and  hour  of seizure, the official identification
   26  number of such dog, if any, the location where seized,  the  reason  for
   27  seizure, and the owner's name and address, if known.
   28    S  2. Subdivision 4 of section 117 of the agriculture and markets law,
   29  as amended by section 12 of part T of chapter 59 of the laws of 2010, is
   30  amended to read as follows:
   31    4. Each dog which is not identified, whether or not licensed, shall be
   32  held AT LEAST for a period of five days from the day [seized]  WHEN  THE
   33  STEPS  REQUIRED  BY  SUBDIVISION FOUR OF SECTION ONE HUNDRED THIRTEEN OF
   34  THIS ARTICLE, HAVE BEEN TAKEN, during which period the OFFICER, SOCIETY,
   35  POUND OR SHELTER SHALL COMPLY WITH THE PROVISIONS OF  SUBDIVISION  THREE
   36  OF  THIS  SECTION,  AND IN THE EVENT THE OWNER OR OWNERS ARE IDENTIFIED,
   37  THE HOLDING PERIOD SHALL BE EXTENDED PURSUANT TO PARAGRAPH (B) OF SUBDI-
   38  VISION FOUR OF SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE. THE dog may
   39  be redeemed by its owner, provided that such owner produces  proof  that
   40  the  dog  has  been  licensed  and  has  been identified pursuant to the
   41  provisions of this article and further provided that the owner pays  the
   42  following impoundment fees:
   43    (a)  not  less  than  ten dollars for the first impoundment of any dog
   44  owned by that person;
   45    (b) not less than twenty dollars for the first  twenty-four  hours  or
   46  part  thereof and three dollars for each additional twenty-four hours or
   47  part thereof for the second impoundment, within one year  of  the  first
   48  impoundment, of any dog owned by that person; or
   49    (c)  not  less  than thirty dollars for the first twenty-four hours or
   50  part thereof and three dollars for each additional twenty-four hours  or
   51  part  thereof for the third and subsequent impoundments, within one year
   52  of the first impoundment, of any dog owned by that person.
   53    The impoundment fees set forth in paragraphs (a), (b) and (c) of  this
   54  subdivision  notwithstanding,  any  municipality may set by local law or
   55  ordinance such fees in any amount.
       S. 4203                             3
    1    S 3. Section 373 of the agriculture and  markets  law  is  amended  by
    2  adding a new subdivision 1-b to read as follows:
    3    1-B.  ANY OFFICER, AGENT OR SOCIETY AS DESCRIBED IN SUBDIVISION ONE OF
    4  THIS SECTION OR POUND OR SHELTER OPERATED BY  OR  UNDER  CONTRACT  TO  A
    5  MUNICIPALITY  THAT  IS  TAKING  POSSESSION  OF A LOST, STRAY OR HOMELESS
    6  ANIMAL UNDER THE PROVISIONS OF THIS SECTION, WHICHEVER HAS POSSESSION OF
    7  THE ANIMAL DURING THE APPLICABLE PERIOD, SHALL:
    8    (A) NO LATER THAN TWENTY-FOUR HOURS  AFTER  TAKING  POSSESSION  OF  AN
    9  ANIMAL TAKE STEPS TO:
   10    (1)  CHECK  THE ANIMAL FOR ALL CURRENTLY POSSIBLE FORMS OF IDENTIFICA-
   11  TION INCLUDING,  BUT  NOT  LIMITED  TO,  TAGS,  MICROCHIPS,  TATTOOS  OR
   12  LICENSES; AND
   13    (2)  MAKE  AVAILABLE  TO THE PUBLIC ON THE INTERNET ON A WEBSITE MAIN-
   14  TAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFICER, SOCIETY, POUND OR
   15  SHELTER BY THE MUNICIPALITY OR COUNTY IN WHICH  SUCH  OFFICER,  SOCIETY,
   16  POUND OR SHELTER, IS LOCATED, OR BY AN ANIMAL RESCUE ORGANIZATION PURSU-
   17  ANT  TO  SUBDIVISION THREE OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS
   18  ARTICLE, A PHOTOGRAPH, IF PRACTICABLE, AND A GENERAL DESCRIPTION OF  THE
   19  ANIMAL  TO  ASSIST  THE OWNER OR OWNERS IN FINDING THE ANIMAL, INCLUDING
   20  THE SPECIES, TYPE, AND BREED OR BREEDS, IF KNOWN,  ALTHOUGH  INFORMATION
   21  ABOUT  THE  ANIMAL  MAY  BE WITHHELD IF DEEMED APPROPRIATE TO FACILITATE
   22  FINDING THE OWNER OR OWNERS OR OTHERWISE TO PROTECT THE  SAFETY  OF  THE
   23  ANIMAL.  THE  OFFICER,  SOCIETY, POUND OR SHELTER SHALL ALSO COMPARE THE
   24  INFORMATION KNOWN ABOUT THE ANIMAL WITH RECORDS OF ANIMALS  REPORTED  TO
   25  BE  LOST  OR STOLEN PURSUANT TO SECTION ONE HUNDRED TWELVE OF THIS CHAP-
   26  TER, WITHIN  TWENTY-FOUR  HOURS  AFTER  SUCH  RECORDS  BECOME  AVAILABLE
   27  FOLLOWING  SEIZURE  OR  TAKING  POSSESSION  OF  SUCH  ANIMAL. THE NOTICE
   28  REQUIRED BY THIS SUBPARAGRAPH MAY BE MADE BY MEANS OTHER THAN THE INTER-
   29  NET IF USE OF THE INTERNET IS IMPRACTICABLE.
   30    (B) WITHIN TWENTY-FOUR HOURS AFTER THE OWNER OR OWNERS  OF  AN  ANIMAL
   31  HAVE  BEEN  DETERMINED,  NOTIFY  THE  OWNER  OR  OWNERS  OF  SUCH ANIMAL
   32  PERSONALLY OR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF THE  FACTS
   33  OF THE ANIMAL'S IMPOUNDMENT AND THE PROCEDURE FOR REDEMPTION. IF NOTIFI-
   34  CATION  IS  PERSONALLY  GIVEN, SUCH ANIMAL SHALL BE HELD FOR A PERIOD OF
   35  SEVEN DAYS AFTER THE DATE OF NOTICE, DURING WHICH PERIOD THE ANIMAL  MAY
   36  BE  REDEEMED  BY  THE  OWNER  OR OWNERS. IF SUCH NOTIFICATION IS MADE BY
   37  MAIL, SUCH ANIMAL SHALL BE HELD FOR A PERIOD OF NINE DAYS FROM THE  DATE
   38  OF  MAILING, DURING WHICH PERIOD THE ANIMAL MAY BE REDEEMED BY THE OWNER
   39  OR OWNERS. IN EITHER CASE, THE OWNER OR OWNERS MAY  REDEEM  SUCH  ANIMAL
   40  UPON  PAYMENT  OF THE IMPOUNDMENT FEES PRESCRIBED BY SUBDIVISION FOUR OF
   41  SECTION ONE HUNDRED SEVENTEEN OF THIS CHAPTER.
   42    (C) MAKE AND MAINTAIN A COMPLETE RECORD OF ANY SEIZURE AND  SUBSEQUENT
   43  DISPOSITION OF SUCH ANIMAL. SUCH RECORD SHALL INCLUDE, BUT NOT BE LIMIT-
   44  ED TO, ANY IDENTIFICATION FOUND ON THE ANIMAL, INCLUDING TAG, MICROCHIP,
   45  TATTOO  OR  LICENSE  NUMBERS, THE BREED OR BREEDS, IF KNOWN, APPROXIMATE
   46  SIZE AND WEIGHT, COLORING AND IDENTIFYING MARKS ON THE ANIMAL, THE  DATE
   47  AND  HOUR OF SEIZURE, THE OFFICIAL IDENTIFICATION NUMBER OF SUCH ANIMAL,
   48  IF ANY, THE LOCATION WHERE SEIZED,  THE  REASON  FOR  SEIZURE,  AND  THE
   49  OWNER'S NAME AND ADDRESS, IF KNOWN.
   50    (D)  EXCEPT AS OTHERWISE PROVIDED BY LAW, WHERE THE OWNER OR OWNERS OF
   51  AN ANIMAL HAVE NOT BEEN IDENTIFIED, HOLD SUCH  ANIMAL,  WHETHER  OR  NOT
   52  LICENSED,  AND  IN ACCORDANCE WITH AND SUBJECT TO SUBDIVISIONS EIGHT AND
   53  NINE OF SECTION ONE HUNDRED SEVENTEEN AND  SUBDIVISION  TWO  OF  SECTION
   54  THREE  HUNDRED  SEVENTY-FOUR  OF THIS ARTICLE, AT LEAST FOR A REDEMPTION
   55  PERIOD OF FIVE DAYS BEGINNING WHEN THE STEPS REQUIRED BY  THIS  SUBDIVI-
   56  SION HAVE BEEN TAKEN, DURING WHICH PERIOD THE OFFICER, SOCIETY, POUND OR
       S. 4203                             4
    1  SHELTER,  WHICHEVER  HAS  POSSESSION OF THE ANIMAL DURING THE APPLICABLE
    2  PERIOD, SHALL COMPLY WITH PARAGRAPH (A) OF THIS  SUBDIVISION.    IN  THE
    3  EVENT  THE  OWNER  OR OWNERS ARE IDENTIFIED, THE HOLDING PERIOD SHALL BE
    4  EXTENDED  PURSUANT  TO PARAGRAPH (B) OF THIS SUBDIVISION. THE ANIMAL MAY
    5  BE REDEEMED BY ITS OWNER OR OWNERS, UPON PAYMENT OF THE IMPOUNDMENT FEES
    6  PRESCRIBED BY SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTEEN OF  THIS
    7  CHAPTER.  NOTWITHSTANDING  THE  FOREGOING,  ANIMALS MAY BE PLACED SOONER
    8  THAN FIVE DAYS WITH AN ANIMAL RESCUE ORGANIZATION, SUBJECT TO REDEMPTION
    9  BY THE OWNER OR OWNERS AS DESCRIBED IN THIS PARAGRAPH.
   10    S 4. This act shall take effect on the sixtieth  day  after  it  shall
   11  have become a law.