2023 New York Laws › AGM - Agriculture and Markets › Article 26 - Animals › 373 - 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 seventeen 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, section three hundred fifty-three-d of this article  or
section  three hundred seventy-five of this article for any violation of
this article, upon arraignment of charges, or within a  reasonable  time
thereafter,  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 in
which criminal charges have been filed requesting that the  person  from
whom an animal is seized or the owner of the animal be ordered to post a
security.  The  district  attorney  prosecuting the charges may file and
obtain the requested relief on behalf of the impounding organization  if
requested to do so by the impounding organization. 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 if the district attorney  has  not  filed  the
petition  on behalf of the petitioner. 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 or the district attorney acting on behalf of 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
seventeen  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.