2006 New York Code - Seizure Of Animals Lost, Strayed, Homeless, Abandoned Or Improperly Confined Or Kept.

 
    § 373. Seizure  of  animals  lost,  strayed,  homeless,  abandoned  or
  improperly confined or kept. 1. Any police officer or agent  or  officer
  of  the American Society for the Prevention of Cruelty to Animals or any
  duly incorporated society for the prevention of cruelty to animals,  may
  lawfully  take  possession  of  any lost, strayed, homeless or abandoned
  animal found in any street, road or other public place.
    1-a. Any police officer in Lewis county may lawfully  take  possession
  of  any lost, strayed, homeless or abandoned domestic animal, as defined
  in section one hundred eight of this chapter, found in any street,  road
  or other public place.
    2.  Any such police officer or agent or officer may also lawfully take
  possession of any animal in or upon any premises other  than  a  street,
  road  or other public place, which for more than twelve successive hours
  has been confined or kept in a crowded  or  unhealthy  condition  or  in
  unhealthful  or  unsanitary  surroundings  or  not properly cared for or
  without necessary sustenance, food or drink, provided that  a  complaint
  stating just and reasonable grounds is made under oath or affirmation to
  any  magistrate authorized to issue warrants in criminal cases, and that
  such warrant authorizing entry and search is  issued  and  delivered  by
  such  magistrate;  if just and reasonable cause is shown, the magistrate
  shall immediately issue such warrant.
    3. Any such police officer or agent or officer may also lawfully  take
  possession  of  any  unwanted  animal  from  the person in possession or
  custody thereof.
    4. When any person arrested is, at the time of such arrest, in  charge
  of  any  animal or of any vehicle drawn by or containing any animal, any
  agent or officer of said society or societies or any police officer  may
  take  charge  of  such  animal and of such vehicle and its contents, and
  deposit the same in a safe place or custody, or deliver  the  same  into
  the  possession  of the police or sheriff of the county or place wherein
  such arrest was made, who shall thereupon assume  the  custody  thereof;
  and  all  necessary  expenses incurred in taking charge of such property
  shall be a charge thereon.
    5. Nothing herein contained  shall  restrict  the  rights  and  powers
  derived  from  section  one hundred eighteen of this chapter relating to
  seizure of unlicensed dogs and the disposition to be made of animals  so
  seized or taken, nor those derived from any other general or special law
  relating  to  the seizure or other taking of dogs and other animals by a
  society for the prevention of cruelty to animals.
    6.   a. If  any  animal  is  seized  and  impounded  pursuant  to  the
  provisions of this section or section three hundred seventy-five of this
  article  for  any violation of this article, upon arraignment of charges
  the duly incorporated society for the prevention of cruelty to  animals,
  humane  society, pound, animal shelter or any authorized agents thereof,
  hereinafter referred  to  for  the  purposes  of  this  section  as  the
  "impounding organization", may file a petition with the court requesting
  that the person from whom an animal is seized or the owner of the animal
  be  ordered  to  post  a  security.  The  security shall be in an amount
  sufficient to secure payment for all reasonable expenses expected to  be
  incurred  by the impounding organization in caring and providing for the
  animal pending disposition of the  charges.  Reasonable  expenses  shall
  include,  but  not be limited to, estimated medical care and boarding of
  the animal for at least thirty days. The amount of the security, if any,
  shall be determined by the court after taking into consideration all  of
  the  facts  and  circumstances of the case including, but not limited to
  the recommendation of the impounding  organization  having  custody  and
  care  of  the  seized animal and the cost of caring for the animal. If a
  security has been posted in accordance with this section, the impounding
  organization may draw from the security the actual reasonable  costs  to
  be incurred by such organization in caring for the seized animal.
    b.  (1)  Upon  receipt  of  a petition pursuant to paragraph a of this
  subdivision the court  shall  set  a  hearing  on  the  petition  to  be
  conducted  within  ten business days of the filing of such petition. The
  petitioner shall serve a true copy of the petition  upon  the  defendant
  and  the district attorney.  The petitioner shall also serve a true copy
  of  the  petition  on  any  interested  person.  For  purposes  of  this
  subdivision,  interested  person  shall mean an individual, partnership,
  firm, joint stock company, corporation, association,  trust,  estate  or
  other  legal  entity  who  the  court  determines  may  have a pecuniary
  interest in the animal which is  the  subject  of  the  petition.    The
  petitioner  shall  have  the burden of proving by a preponderance of the
  evidence that the person from whom the  animal  was  seized  violated  a
  provision of this article.  The court may waive for good cause shown the
  posting of security.
    (2)  If the court orders the posting of a security, the security shall
  be posted with the clerk of the court within five business days  of  the
  hearing  provided  for  in subparagraph one of this paragraph. The court
  may  order  the  immediate  forfeiture  of  the  seized  animal  to  the
  impounding organization if the person ordered to post the security fails
  to  do  so. Any animal forfeited shall be made available for adoption or
  euthanized  subject  to  subdivision  seven-a  of  section  one  hundred
  eighteen  of  this chapter or section three hundred seventy-four of this
  article.
    (3) In the case of an animal other than a companion animal or pet,  if
  a  person  ordered  to  post  security fails to do so, the court may, in
  addition to the forfeiture  to  a  duly  incorporated  society  for  the
  prevention  of cruelty to animals, humane society, pound, animal shelter
  or any authorized agents thereof, and subject  to  the  restrictions  of
  sections  three  hundred fifty-four, three hundred fifty-seven and three
  hundred seventy-four of this article, order the  animal  which  was  the
  basis  of  the  order  to  be sold, provided that all interested persons
  shall first be provided the opportunity to redeem their interest in  the
  animal  and  to  purchase  the  interest  of  the person ordered to post
  security, subject to such conditions as the court deems  appropriate  to
  assure proper care and treatment of the animal.  The court may reimburse
  the person ordered to post security and any interested persons any money
  earned  by  the  sale  of  the  animal less any costs including, but not
  limited to, veterinary and custodial care. Any animal determined by  the
  court  to  be maimed, diseased, disabled or infirm so as to be unfit for
  sale or any useful purpose shall be forfeited  to  a  duly  incorporated
  society  for the prevention of cruelty to animals or a duly incorporated
  humane society or  authorized  agents  thereof,  and  be  available  for
  adoption  or  shall  be  euthanized  subject  to  section  three hundred
  seventy-four of this article.
    (4) Nothing in this section shall be construed to limit or restrict in
  any way the rights of a secured party having a security interest in  any
  animal described in this section. This section expressly does not impair
  or  subordinate  the  rights  of such a secured lender having a security
  interest in the animal or in the proceeds from the sale of such animal.
    c. In no event shall the security prevent the impounding  organization
  having  custody  and  care  of  the  animal from disposing of the animal
  pursuant to section three hundred seventy-four of this article prior  to
  the  expiration  of the thirty day period covered by the security if the
  court makes a determination of the charges against the person from  whom
  the animal was seized prior thereto. Upon receipt of a petition from the
  impounding  organization,  the  court may order the person from whom the
  animal was seized or the owner of  the  animal  to  post  an  additional
  security  with  the  clerk  of the court to secure payment of reasonable
  expenses for an additional period of time pending a determination by the
  court of the charges against the person from whom the animal was seized.
  The  person who posted the security shall be entitled to a refund of the
  security in whole  or  part  for  any  expenses  not  incurred  by  such
  impounding organization upon adjudication of the charges. The person who
  posted  the security shall be entitled to a full refund of the security,
  including reimbursement by the impounding  organization  of  any  amount
  allowed by the court to be expended, and the return of the animal seized
  and  impounded  upon acquittal or dismissal of the charges, except where
  the dismissal is based upon an adjournment in contemplation of dismissal
  pursuant to section 215.30 of the  criminal  procedure  law.  The  court
  order  directing such refund and reimbursement shall provide for payment
  to be made within a reasonable time from the acquittal or  dismissal  of
  charges.
    7.  Notwithstanding  any  other  provision  of  this  section  to  the
  contrary, the court may order a person charged  with  any  violation  of
  this  article to provide necessary food, water, shelter and care for any
  animal which is the basis of the charge,  without  the  removal  of  the
  animal  from its existing location, until the charges against the person
  are adjudicated.  Until a final determination of the  charges  is  made,
  any  law enforcement officer, officer of a duly incorporated society for
  the prevention of cruelty to animals, or its authorized agents,  may  be
  authorized  by an order of the court to make regular visits to where the
  animal is being kept to ascertain if the animal is  receiving  necessary
  food, water, shelter and care. Nothing shall prevent any law enforcement
  officer,  officer  of  a duly incorporated society for the prevention of
  cruelty to animals, or  its  authorized  agents,  from  applying  for  a
  warrant  pursuant  to this section to seize any animal being held by the
  person charged  pending  the  adjudication  of  the  charges  if  it  is
  determined  that  the animal is not receiving the necessary food, water,
  shelter or care.