Bill Text: NY S03305 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to owners of lost pets and return of lost pets to their owners; requires the entity with possession to take steps to check the dogs for any identification including tags, tattoos and microchips; makes information available to the public on their website to assist owners in finding their pets.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO DOMESTIC ANIMAL WELFARE [S03305 Detail]
Download: New_York-2019-S03305-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3305 2019-2020 Regular Sessions IN SENATE February 5, 2019 ___________ Introduced by Sens. LAVALLE, SEPULVEDA -- read twice and ordered print- ed, and when printed to be committed to the Committee on Domestic Animal Welfare AN ACT to amend the agriculture and markets law, in relation to the identification of owners of lost pets and return of lost pets to their owners The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 113 of the agriculture and markets 2 law, as amended by section 8 of part T of chapter 59 of the laws of 3 2010, is amended to read as follows: 4 4. Every dog control officer, peace officer, when acting pursuant to 5 his special duties or police officer shall promptly make and maintain a 6 complete record of any seizure and subsequent disposition of any dog. 7 Such record shall include, but not be limited to, a description of the 8 dog, the date and hour of seizure, the official identification number of 9 such dog, if any, or any other identifying information from a tag, 10 tattoo or microchip if such can be reasonably ascertained, the location 11 where seized, the reason for seizure, and the owner's name and address, 12 if known. 13 § 2. Section 117 of the agriculture and markets law is amended by 14 adding a new subdivision 3-a to read as follows: 15 3-a. No later than twenty-four hours or as soon as practicable after 16 a dog has been seized by any dog control officer or peace officer acting 17 pursuant to his or her special duties, or police officer in the employ 18 of or under contract to a municipality, or any duly incorporated society 19 for the prevention of cruelty to animals, duly incorporated humane soci- 20 ety, pound or shelter that is operated by or under contract to a munici- 21 pality, such officer, society, pound or shelter shall take steps to: 22 (a) check the dog for all forms of identification, including, but not 23 limited to, tags, microchips, tattoos or licenses; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08477-01-9S. 3305 2 1 (b) if practicable, make available to the public on the internet on a 2 website maintained by or otherwise made available to such officer, soci- 3 ety, pound or shelter by the municipal or county government in which 4 such officer, society, pound or shelter is located, a photograph, and a 5 general description of the dog to assist the owner or owners in finding 6 the dog, including the breed or breeds, if known, although information 7 about the dog may be withheld if deemed appropriate to facilitate find- 8 ing the owner or owners or otherwise protect the safety of the dog. The 9 notice required by this paragraph may be made by means other than the 10 internet if use of the internet is impracticable. Nothing in this subdi- 11 vision shall be interpreted as requiring a website to be maintained or 12 equipment or technology to be purchased in order to comply with the 13 provisions of this subdivision; and 14 (c) Such officer shall also compare the information known about the 15 dog with records of dogs reported to be lost or stolen pursuant to 16 section one hundred twelve of this article within twenty-four hours or 17 as soon as practicable after such records become available following 18 seizure or taking possession of such dog. 19 § 3. Subdivision 4 of section 117 of the agriculture and markets law, 20 as amended and such section as renumbered by section 12 of part T of 21 chapter 59 of the laws of 2010, is amended to read as follows: 22 4. (a) Each dog which is not identified by an official identification 23 tag, as defined in subdivision eleven of section one hundred eight of 24 this article, whether or not licensed, shall be held for a period of 25 five days from the day seized, provided however if such dog owner is 26 positively identified and notified by any means reasonably calculated to 27 provide actual notice to the owner or owners that their dog was seized 28 pursuant to paragraph (b) of this subdivision such dog shall be held for 29 a period of five days from such notification, during which period the 30 dog may be redeemed by its owner, provided that such owner produces 31 proof that the dog has been licensed and has been identified pursuant to 32 the provisions of this article and further provided that the owner pays 33 the following impoundment fees: 34 [(a)] (i) not less than ten dollars for the first impoundment of any 35 dog owned by that person; 36 [(b)] (ii) not less than twenty dollars for the first twenty-four 37 hours or part thereof and three dollars for each additional twenty-four 38 hours or part thereof for the second impoundment, within one year of the 39 first impoundment, of any dog owned by that person; or 40 [(c)] (iii) not less than thirty dollars for the first twenty-four 41 hours or part thereof and three dollars for each additional twenty-four 42 hours or part thereof for the third and subsequent impoundments, within 43 one year of the first impoundment, of any dog owned by that person. 44 The impoundment fees set forth in [paragraphs (a), (b) and (c)] 45 subparagraphs i, ii, and iii of this [subdivision] paragraph notwith- 46 standing, any municipality may set by local law or ordinance such fees 47 in any amount. 48 (b) Promptly upon the seizure of a dog potentially identifiable by 49 another form of identification, including a tag, tattoo or microchip, or 50 records of dogs reported to be lost or stolen pursuant to section one 51 hundred twelve of this article, reasonable efforts shall be made to 52 identify and provide actual notice to the owner of the dog by any means 53 reasonably calculated to provide actual notice to the owner or owners. 54 If unable to positively identify and provide actual notice to such owner 55 or owners after having made reasonable efforts to do so, such dog shall 56 be held in accordance with paragraph (a) of this subdivision. If suchS. 3305 3 1 owner is positively identified and notified of the seizure of their dog, 2 such dog may be held in accordance with subdivision six of this section 3 and such owner shall be notified how many days their dog will be held. 4 § 4. Subdivision 6 of section 117 of the agriculture and markets law, 5 as added by chapter 220 of the laws of 1978 and such section as renum- 6 bered by section 12 of part T of chapter 59 of the laws of 2010, is 7 amended to read as follows: 8 6. (a) Promptly upon seizure of any identified dog, as defined in 9 subdivisions eleven and twelve of section one hundred eight of this 10 article, the owner of record of such dog shall be notified personally; 11 or by certified mail, return receipt requested, of the facts of seizure 12 and the procedure for redemption. 13 (b) If notification is personally given, such dog identified pursuant 14 to paragraph (a) of this subdivision shall be held for a period of seven 15 days after day of notice, during which period the dog may be redeemed by 16 the owner. If such notification is made by certified mail, such dog 17 identified pursuant to paragraph (a) of this subdivision shall be held 18 for a period of nine days from the date of mailing, during which period 19 the dog may be redeemed by the owner. In either case, the owner may 20 redeem such dog upon payment of the impoundment fees prescribed by 21 subdivision four of this section and by producing proof that the dog has 22 been licensed. Nothing in this subdivision shall be interpreted as 23 requiring the purchase of equipment or technology to comply with the 24 provisions of this subdivision. 25 § 5. Section 118 of the agriculture and markets law is amended by 26 adding a new subdivision 6 to read as follows: 27 6. Every dog pound or shelter, as described in section one hundred 28 fourteen of this article shall promptly make and maintain a complete 29 record of any seizure and subsequent disposition of any dog. Such 30 record shall include, but not be limited to, a description of the dog, 31 the date and hour of seizure, the official identification number of such 32 dog, if any, or any other identifying information from a tag, tattoo or 33 microchip if such can be reasonably ascertained, the location where 34 seized, the reason for seizure, and the owner's name and address, if 35 known. 36 § 6. This act shall take effect on the sixtieth day after it shall 37 have become a law.
