N.Y. Agriculture & Markets Law § 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.