2023 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.