NY Not for Profit Corp L § 1403 (2021)
2021 New York Laws NPC - Not-For-Profit Corporation Article 14 - Special Not-for-Profit Corporations 1403 - 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  charitable corporation under this chapter.