N.Y. Not-for-Profit Corporation Law § 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.