NY Agric & Mkts L § 374 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 26 - Animals 374 - Humane Destruction or Other Disposition of Animals Lost, Strayed, Homeless, Abandoned or Improperly Confined or Kept.

§ 374. Humane  destruction  or  other  disposition  of  animals  lost, strayed, homeless, abandoned or improperly confined or  kept.    1.  Any agent  or  officer  of  any  duly  incorporated  humane  society, a duly incorporated society for the prevention of cruelty to animals,  any  dog control  officer,  or  any  police  officer,  may  lawfully  cause to be humanely destroyed (by means provided for in paragraph a of  subdivision three of this section) any animal found abandoned and not properly cared for,  or  any  lost,  strayed,  homeless  or  unwanted  animal,  if upon examination a licensed veterinarian shall certify in writing, or if  two reputable  citizens called upon by such agent, officer or police officer to view the same in his or her presence  find  that  the  animal  is  so maimed,  diseased,  disabled, or infirm so as to be unfit for any useful purpose and that humane euthanasia is warranted; or  after  such  agent, officer or police officer has obtained in writing from the owner of such animal his or her consent to such destruction.   2.   In  the  absence  of  such  findings  or  certification,  a  duly incorporated  humane  society,  a  duly  incorporated  society  for  the prevention  of  cruelty  to animals, or any pound maintained by or under contract or agreement with any county, city, town or village  may  after five  days  make  available  for  adoption or have humanely destroyed in accordance  with  the  provisions  of  this  section  and   subject   to subdivisions  six,  eight  and  nine of section one hundred seventeen of this chapter, any animal of which possession is taken as provided for in the preceding section, unless the same is earlier redeemed by its owner. Notwithstanding  the  redemption  periods  set  forth  above   in   this subdivision, any municipality may establish the duration of such periods by  local  law or ordinance for any cat whose owner cannot be identified by a collar, tag, microchip, tattoo or other identifying mark,  provided that  no such period shall be less than three days, and provided further that such cat be made available solely for the purposes of adoption  and released   to   an   adoptive   owner  following  an  examination  by  a duly-licensed veterinarian, the details of which shall  be  provided  to the adoptive owner.   3.  a.  Except  as  provided  in  subdivision  four  of  this section, euthanasia of animals pursuant to this  section  shall  be  accomplished solely   by  means  of  injection  of  sodium  pentobarbital  or  sodium pentobarbital  solution   administered   by   a   certified   euthanasia technician, a licensed veterinarian or a licensed veterinary technician. Euthanasia  by  intracardiac injection of sodium pentobarbital or sodium pentobarbital solution shall be performed only  upon  animals  that  are heavily  sedated,  anesthetized,  or  comatose. However, only a licensed veterinarian may perform euthanasia by intracardiac injection of  sodium pentobarbital or sodium pentobarbital solution upon animals that are not heavily  sedated,  anesthetized  or comatose and only when such licensed veterinarian determines that such intracardiac  injection  is  the  most humane   option  available.  Whenever  a  cardiac  injection  of  sodium pentobarbital or sodium pentobarbital  solution  is  administered  by  a licensed  veterinarian  upon  an  animal  that  is  not heavily sedated, anesthetized or comatose, such veterinarian must document,  in  writing, the   administration   of   such   injection  and  the  reason  for  its administration. Such documentation shall be retained for at least  three years.  Under no circumstances shall intracardiac injection be performed on animals that are not heavily sedated, anesthetized or comatose  where such animals are under the care of any duly incorporated society for the prevention  of  cruelty  to  animals,  animal shelter, humane society or pound.   b. No animal shall be  left  unattended  between  the  time  that  the euthanasia  procedure  begins  and the time when death is confirmed. The  body of a euthanized animal shall not be disposed of in any manner until death is confirmed by a licensed veterinarian,  a  certified  euthanasia technician  or  a  licensed  veterinary  technician.  Violations of this paragraph  shall  be punishable by a civil penalty of not more than five hundred dollars.   The department of health shall promulgate regulations deemed necessary for implementation of the  provisions  of  this  subdivision,  including regulations  governing  the  training  and  certification  of  certified euthanasia technicians.   4. a. Any method  of  euthanasia  other  than  that  provided  for  in subdivision  three  of this section is prohibited except that euthanasia of an animal by gunshot is permissible as an emergency  measure  for  an animal that is posing an imminent threat of serious physical injury to a person  or  to  another  animal  as  provided  in  section  one  hundred twenty-one-a of this chapter and where the use of  a  humane  method  of euthanasia  prescribed in this section is rendered impossible or where a severely injured animal is suffering and cannot otherwise be aided.   b. Within ninety days of the effective date of this  subdivision,  any chamber  used  to  induce  hypoxia  by  means  of  a lethal gas shall be dismantled, rendered inoperable and beyond repair, and removed from  the premises.  Violations  of  this paragraph shall be punishable by a civil penalty of not more than five hundred dollars.   5. No person shall release any dog or cat from the custody or  control of any pound, shelter, society for the prevention of cruelty to animals, humane  society,  dog protective association, dog control officer, peace officer or any  agent  thereof,  for  any  purpose  except  adoption  or redemption  by  its  owner,  provided,  however, that after the time for redemption has expired, release may be made to another such pound,  duly incorporated  society  for  the  prevention  of cruelty to animals, duly incorporated humane  society  or  duly  incorporated  animal  protective association  for  the sole purpose of placing such animal in an adoptive home when such action is reasonably believed to improve the  opportunity for  adoption. Notwithstanding the penalties set forth in paragraph b of subdivision three of this section and paragraph b of subdivision four of this section, any violation of this subdivision, subdivision two,  three or  four  of  this  section, shall constitute a misdemeanor and shall be punishable by imprisonment for not more than one year, or by a  fine  of not more than one thousand dollars, or by both.   6.  In  lieu  of  such  destruction,  redemption  or other disposition pursuant to this section, such pound, shelter, or  society  may  in  its discretion  lawfully  and  without  liability  deliver  such  animal for adoption to an individual other  than  the  owner  after  the  time  for redemption has expired.   7.  Prior  to  such destruction or other disposition, the owner of the animal may redeem the same upon proving title  to  the  satisfaction  of such  society  and  paying  such  society  such  amount,  approved  by a magistrate, as may have been reasonably  expended  by  such  society  in connection with the care and maintenance thereof.   8.  a.  In  addition  to  any  other  penalty  provided  by  law, upon conviction for any violation of section three hundred  fifty-one,  three hundred   fifty-three,   three   hundred  fifty-three-a,  three  hundred fifty-three-b, three hundred fifty-five, three hundred fifty-six,  three hundred  fifty-nine, three hundred sixty, three hundred sixty-one, three hundred sixty-five or three hundred sixty-eight  of  this  article,  the convicted  person may, after a duly held hearing pursuant to paragraph f of this subdivision, be ordered by the  court  to  forfeit,  to  a  duly incorporated  society for the prevention of cruelty to animals or a duly incorporated humane society or authorized agents thereof, the animal  or  animals  which  are  the  basis of the conviction. Upon such an order of forfeiture, the convicted person shall be deemed  to  have  relinquished all  rights to the animals which are the basis of the conviction, except those granted in paragraph d of this subdivision.   b.  Pursuant  to  the  provisions of subdivisions two, three, four and five of this section, no animal in the custody of  a  duly  incorporated society  for  the  prevention of cruelty to animals, a duly incorporated humane society, duly incorporated animal protective  association,  pound or  its  authorized  agents  thereof,  shall  be  sold,  transferred  or otherwise made available to any person  for  the  purpose  of  research, experimentation  or  testing. No authorized agent of a duly incorporated society for the  prevention  of  cruelty  to  animals,  nor  of  a  duly incorporated   humane   society,  duly  incorporated  animal  protective association or pound shall use any animal placed in its custody  by  the duly  incorporated  society  for the prevention of cruelty to animals or duly  incorporated  humane  society  for  the   purpose   of   research, experimentation or testing.   c.  The  court may additionally order that the convicted person or any person dwelling in the same household who conspired, aided or abetted in the unlawful act which was the basis of the conviction, or who  knew  or should  have  known  of the unlawful act, shall not own, harbor, or have custody or control of any other animals, other than farm animals, for  a period of time which the court deems reasonable.   d.  In  the  case  of  farm animals, the court may, in addition to the forfeiture to a duly incorporated society for the prevention of  cruelty to  animals  or  a duly incorporated humane society or authorized agents thereof, and subject to  the  restrictions  of  sections  three  hundred fifty-four and three hundred fifty-seven of this article, order the farm animals  which  were  the basis of the conviction to be sold. In no case shall farm animals which are the basis of the conviction be redeemed  by the convicted person who is the subject of the order of forfeiture or by any  person  dwelling  in  the  same  household  who conspired, aided or abetted in the unlawful act which was the basis of  the  conviction,  or who  knew  or  should  have  known  of the unlawful act. The court shall reimburse the  convicted  person  and  any  duly  determined  interested persons,  pursuant  to paragraph f of this subdivision, any money earned by the sale of the farm  animals  less  any  costs  including,  but  not limited  to,  veterinary  and custodial care, and any fines or penalties imposed by the court. The court may order that the  subject  animals  be provided with appropriate care and treatment pending the hearing and the disposition  of  the  charges. Any farm animal ordered forfeited but not sold shall be remanded to the custody and charge of a duly  incorporated society  for  the  prevention of cruelty to animals or duly incorporated humane society or its authorized agent thereof and disposed of  pursuant to paragraph e of this subdivision.   e.  A  duly  incorporated  society  for  the  prevention of cruelty to animals or a duly incorporated  humane  society  in  charge  of  animals forfeited  pursuant  to  paragraph  a  of  this  subdivision may, in its discretion, lawfully and without liability, adopt  them  to  individuals other than the convicted person or person dwelling in the same household who  conspired, aided or abetted in the unlawful act which was the basis of the conviction, or who knew or should have known of the unlawful act, or humanely dispose of them according to the provisions of  subdivisions two, three, four and five of this section.   f.  (1)  Prior  to  an  order of forfeiture of farm animals, a hearing shall be held  within  thirty  days  of  conviction,  to  determine  the pecuniary  interests  of any other person in the farm animals which were the basis of the conviction. Written notice shall  be  served  at  least  five days prior to the hearing upon all interested persons. In addition, notice  shall be made by publication in a local newspaper at least seven days prior to  the  hearing.  For  the  purposes  of  this  subdivision, interested  persons  shall mean any 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 farm animals which are the subject of the forfeiture action.  (2) All interested persons shall be provided  an  opportunity  at  the hearing  to  redeem  their  interest  as  determined by the court in the subject farm animals and to  purchase  the  interest  of  the  convicted person.  The  convicted  person  shall  be entitled to be reimbursed his interest in the farm animals, less any costs, fines or penalties imposed by the court, as specified under paragraph d of this subdivision. In  no case  shall  the  court  award  custody or control of the animals to any interested person who conspired, aided or abetted in  the  unlawful  act which  was the basis of the conviction, or who knew or should have known of the unlawful act.   g. 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 farm 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 farm animals or in the proceeds from  the  sale  of such farm animals.