N.Y. Agriculture & Markets Law § 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.