2006 New York Code - Corporations For The Prevention Of Cruelty.

 
  § 1403. Corporations for the prevention of cruelty.
    (a) Prohibition of new corporations in certain counties.
    (1)  A  corporation for the prevention of cruelty to animals shall not
  hereafter be incorporated for the purpose of conducting  its  operations
  in  the  counties  of  New York, Kings, Queens, Richmond, Rensselaer, or
  Westchester outside of the city of Yonkers; or in any  other  county  if
  thereby  two or more such corporations would exist in such county except
  as provided in  subparagraph  three  hereof.  Any  corporation  for  the
  prevention of cruelty to animals may exercise its powers and conduct its
  operations  in  any  adjacent county in which no such corporation exists
  until the establishment of such a corporation therein.
    (1-a) No corporation for the prevention of cruelty to children, or for
  the dual purpose of prevention of cruelty to  children  and  cruelty  to
  animals  shall  be  incorporated  on  or  after November first, nineteen
  hundred  eighty-nine.  Any  such  corporations,  incorporated  prior  to
  November  first, nineteen hundred eighty-nine, may exercise their powers
  and conduct their operation in any adjacent  county  in  which  no  such
  corporations  exist until the establishment of such corporations therein
  prior to November first,  nineteen  hundred  eighty-nine.  The  Brooklyn
  society  for  the prevention of cruelty to children may exercise all its
  powers in the county of Nassau until a society  for  the  prevention  of
  cruelty  to  children  shall  be  incorporated  prior to November first,
  nineteen hundred eighty-nine, and located therein, and may exercise  all
  its  powers  in  the  county  of  Suffolk  until  such  a corporation is
  incorporated prior to November first, nineteen hundred eighty-nine,  and
  located therein.
    (2)  In  addition to the requirements of section 402, a certificate of
  incorporation under which an additional corporation  is  formed  in  the
  City  of  Yonkers  must  designate  such  city  as  the  place where its
  operations are to be conducted.
    (3) In any county having a population of one hundred thousand or less,
  where there is already in existence a corporation duly incorporated  for
  the  prevention  of  cruelty  to  animals  and where it appears that the
  functions of such corporation are confined  to  a  local  area  in  such
  county  and  where  it  further  appears that part of such county is not
  served by the existing corporation, an application may be made  for  the
  incorporation of a second such corporation in such county. If it appears
  to the satisfaction of the court that such existing corporation does not
  serve  the  area  from  which the application for incorporation of a new
  corporation is made, the court shall approve the proposed certificate of
  incorporation.
    (b) Special powers.   (1) A corporation  formed  for  the  purpose  of
  preventing  cruelty  to  children,  when represented by an attorney duly
  admitted to the practice of law, may prosecute a  complaint  before  any
  court,  tribunal or magistrate having jurisdiction, for the violation of
  any law enacted to prevent (i) the abuse, maltreatment or neglect  of  a
  child,  as those terms are defined in section four hundred twelve of the
  social services law and section one thousand twelve of the family  court
  act,  or  (ii) the exploitation of or harm to a child at the hands of an
  adult that would constitute a violation of article one  hundred  twenty,
  one  hundred  thirty,  one hundred thirty-five, two hundred sixty or two
  hundred sixty-three of the penal law, and may aid in presenting the  law
  and  facts  to  such  court,  tribunal  or  magistrate in any proceeding
  therein.
    (2) A corporation formed for the  purpose  of  preventing  cruelty  to
  animals  may prefer a complaint before any court, tribunal or magistrate
  having jurisdiction, for  the  violation  of  any  law  relating  to  or
  affecting  the  prevention  of  cruelty  to  animals,  and  may  aid  in
  presenting the law and facts to such court, tribunal  or  magistrate  in
  any proceeding therein.
    (3)  A  corporation  for  the prevention of cruelty to children may be
  appointed guardian of the person of a minor child during its minority by
  a court of record, or a judge thereof, and may receive  and  retain  any
  child at its own expense on commitment by a court or magistrate.
    (4)  All magistrates, peace officers, acting pursuant to their special
  duties and police officers shall aid such a corporation,  its  officers,
  agents and members in the enforcement of laws enacted to prevent (i) the
  abuse, maltreatment or neglect of a child, as those terms are defined in
  section  four  hundred twelve of the social services law and section one
  thousand twelve of the family court act, or (ii) the exploitation of  or
  harm  to  a  child  at  the  hands  of  an adult that would constitute a
  violation of article one hundred twenty, one hundred thirty, one hundred
  thirty-five, two hundred sixty or two hundred sixty-three of  the  penal
  law, and for the prevention of cruelty to animals.
    (c)  Type of corporation.  A corporation for the prevention of cruelty
  is a Type B corporation under this chapter.