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Statute Name
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Citation
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Summary
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NY - Bite - New York Dog Bite/Dangerous Dog Laws
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NY AGRI & MKTS § 121, 121-a
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This New York statute provides that statutory penalties for dog bites and the process for declaring a dog "dangerous." If any dog shall attack any person who is peaceably conducting himself in any place, such person or any other person witnessing the attack may destroy such dog while so attacking or while being pursued thereafter, and no liability in damages or otherwise shall be incurred on account of such destruction. Any person may make a complaint of an attack upon a person or of an attack, chasing or worrying of a domestic animal to a dog control officer of the appropriate municipality whereupon the requisite proceedings for declaring a dog dangerous are initiated. Under the statute, there is a graduated level of liability for dog bites: if the the owner of a dog negligently permits his or her dog to bite a person, service dog, guide dog or hearing dog causing physical injury, the owner shall be subject to a civil penalty not to exceed $400; if serious physical injury occurs, this increases to $800; and if the dog was previously adjudicated as dangerous, then the owner may be charged with a Class A misdemeanor. However, the section notes that nothing in the statute limits or abrogates any claim or cause of action any person who is injured by a dog with a vicious disposition or a vicious propensity may have under common law or by statute.
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NY - Cruelty - Consolidated Cruelty Statutes
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NY AGRI & MKTS §§ 331 - 379; NY PENAL LAW § 130.20
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These New York statutes comprise the state's anti-cruelty provisions. "Animal," as used in this article, includes every living creature except a human being. A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, or deprives any animal of necessary sustenance, food or drink, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both. Exclusions include properly conducted scientific tests, experiments or investigations, involving the use of living animals approved by the state commissioner of health. A person is guilty of aggravated cruelty to animals when, with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty. For purposes of this section, "aggravated cruelty" shall mean conduct which: (i) is intended to cause extreme physical pain; or (ii) is done or carried out in an especially depraved or sadistic manner. Aggravated cruelty to animals is a felony which may not exceed two years.
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NY - Dog - Assistance Animal/Guide Dog Laws
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NY AGRI & MKTS § 108, 110, 119, and 121; NY GEN OBLIG § 11-107; NY CIV RTS § 47-a to c
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The following statutes comprise the state's relevant assistance animal and guide dog laws.
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NY - Dogs - Consolidated Dog Laws
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McKinney's Agriculture and Markets Law § 106 - 127, 331 - 332, 400 - 410; McKinney's ECL §§ 11-0529, 11-0901 - 0931, 11-2117; McKinney's General Business Law §§ 399-aa, 751 - 755; McKinney's General Municipal Law § 88, 209cc; McKinney's General Obligations Law § 11-107; McKinney's Lien Law § 183; McKinney's Public Health Law § 1310, 505-a, 2140 - 2146; McKinney's Town Law § 130; McKinney's Vehicle and Traffic Law § 601
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These New York statutes comprise the state's dog laws. Among the provisions include state licensing requirements, the sale of dogs by pet dealers, rabies control laws, and provisions related to dogs and hunting.
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NY - Domestic Violence - Orders of Protection
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NY FAM CT § 842
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This New York law pertains to the issuance of protection orders. In July of 2006, the amendment that allows companion animals owned by the petitioner of the order or a minor child residing in the household to be included in the order was signed into law. The law specifically allows a court to order the respondent to refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the petitioner or a minor child residing in the household.
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NY - Endangered Species
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N.Y. Envtl. Conserv. Law § 11-0535
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The New York code for endangered species defines endangered species as any species which meets one of the following criteria: native species in imminent danger of extirpation or extinction in New York; or species listed as endangered by the United States Department of the Interior in the Code of Federal Regulations (50 CFR part 17).
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NY - Hunting - Bald and Golden Eagle Prohibited Acts
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N.Y. Envtl. Conserv. Law § 11-0537
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New York makes it illegal to "knowingly or with wanton disregard for the consequences" take, transport, possess, or engage in commerce of bald eagles or their parts without a valid permit. This incorporates the exact language of the federal act. For discussion of federal Eagle Act, see Detailed Discussion.
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NY - Hunting - Canned shoots prohibited
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NY ENVIR CONSER S 11-1904
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This New York statute provides that no person who owns, operates or manages a facility that harbors non-native big game mammals shall knowingly permit the taking on such premises by any person who pays a fee to take a live non-native big game mammal by any of the following means: the shooting or spearing of a non-native big game mammal that is tied or hobbled; the shooting or spearing of a non-native big game mammal that is staked or attached to any object; the shooting or spearing of a non-native big game mammal that is confined in a box, pen, cage or similar container of ten or less contiguous acres from which there is no means for such mammal to escape, among other things.
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NY - Impound - Disposition of stray or unwanted dogs by municipality
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NY GEN MUN § 88
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This New York statute provides that a municipality may by local law or ordinance provide that stray or unwanted dogs be given to an agency which trains seeing eye dogs or to a police department which trains dogs as guards. These agencies can requisition dogs that are awaiting destruction so long as five days have elapsed since the dog was impounded. Licensed dogs surrendered to the municipality or an animal shelter shall not be requisitioned without the written consent of the owner obtained at the time of the surrender.
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NY - Impound - Pounds and shelters
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NY AGRI & MKTS § 115
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This New York statute provides that each town and city, and village in which licenses are issued shall, and any other village and any county may, establish and maintain a pound or shelter for dogs, including those which are contracted with other entities.
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NY - Impound - Seizure of dogs; redemption periods; impoundment fees; adoption
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NY AGRI & MKTS § 118
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This New York statute outlines the conditions causing the impoundment of dogs as well as the notice requirements following impoundment. Under the statute, any dog control officer or peace officer shall seize any dog that is unlicensed, unidentified, or a threat to public safety. Further, any dog control officer may seize any dog in violation of any local law or ordinance relating to the control of dogs, adopted by any municipality pursuant to the provisions of this article. Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized subject to the provisions.
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NY - Licenses - License fees
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NY AGRI & MKTS § 110
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This New York statute provides the schedule of license fees for all dogs, including purebred dogs. It also enables local municipalities to enact licensing ordinances in addition to the fee proscribed by statute. This additional revenue shall be used only for controlling dogs and enforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and subsidizing public humane education programs in responsible dog ownership.
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NY - Licenses - Licensing of dogs; rabies vaccination requirement
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NY AGRI & MKTS § 109
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This New York statute provides that the owner of any dog reaching the age of four months shall immediately make application for a dog license. Certain villages and other municipalities may provide for differing licensure regulations as described in this statute. The statute outlines the specific application procedures for obtaining a license, including a purebred license.
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NY - Lost Dog - Lost and Found Property
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NY PERS PROP § 251 - 258
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This section comprises New York's Lost and Found Property provisions.
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NY - Ordinances - Local laws or ordinances
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NY AGRI & MKTS § 124
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This New York statute provides that any municipality may enact a local law or ordinance upon the keeping or running at large of dogs and the seizure thereof, provided no municipality shall vary, modify, enlarge or restrict the provisions of this article relating to identification, licensing, rabies vaccination and euthanization.
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NY - Ordinances - Preemption of local laws
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NY GEN BUS § 753-e
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This New York statute states that it preempts local laws regulating pet dealers, but is not intended to limit or restrict any municipality from enforcing any local law, rule, regulation or ordinance of general application to businesses governing public health, safety or the rights of consumers.
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NY - Ordinances - Tonawanda and Utica Animal Control Ordinances
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Tonawanda - Secs. 10-1 - 41; Utica Secs. 2-5-1 - 65
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These ordinances comprise the municipalities of Tonawanda and Utica, New York's animal control provisions.
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NY - Ordinances - Town ordinances
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NY TOWN § 130
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This New York statute provides that a town board after a public hearing may enact, amend and repeal ordinances, rules and regulations not inconsistent with law, including the restraining of the running at large of horses, cattle, sheep, unmuzzled dogs, whether licensed or not, and those authorizing the impounding and sale of the same for the costs of keeping, proceedings and penalty, or the killing of unmuzzled dogs. It also provides that towns may enact ordinances promoting the health, safety, morals or general welfare of the community, as long they are not inconsistent with existing law.
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NY - Property - Dog stealing
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NY AGRI & MKTS § 366
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This New York statute provides that it is a crime to steal dogs, defined as: removing the collar, identification tag or any other identification by which the owner may be ascertained from any dog, cat or any other domestic animal; seizing or molesting any dog, while it is being held or led by any person or while it is properly muzzled or wearing a collar with an identification tag attached, except where such action is incidental to the enforcement of some law or regulation; or transporting any dog, not lawfully in his possession, for the purpose of killing or selling such dog.
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NY - Racing - Licenses for participants and employees at race meetings
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NY RAC PARI-M § 220
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The state racing and wagering board issues licenses to owners, trainers, assistant trainers and jockeys, jockey agents, and stable employees for horse races, including steeplechases.
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NY - Service Animal - Compensation for harm to a guide, hearing or service dog
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NY GEN OBLIG § 11-107
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Under this New York statute, a disabled person whose guide, hearing or service dog is injured due to the negligence of the owner of another dog in handling that other dog may recover damages from the owner or custodian of the non-guide guide dog. These damages include veterinarian fees, replacement or retraining costs for the guide dog, lost wages, or damages for loss of mobility during retraining or replacement of the dog.
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NY - Trusts - PART 8. HONORARY TRUSTS FOR PETS
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NY EST POW & TRST § 7-8.1
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This New York statute provides that a trust for the care of a designated domestic or pet animal is valid. Such trust shall terminate when no living animal is covered by the trust, or at the end of twenty-one years, whichever occurs earlier. Upon termination, the trustee shall transfer the unexpended trust property as directed in the trust instrument or, if there are no such directions in the trust instrument, the property shall pass to the estate of the grantor. A court may reduce the amount of the property transferred if it determines that amount substantially exceeds the amount required for the intended use.
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NY - Veterinary - Veterinary Medicine and Animal Health Technology.
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NY EDUC § 6700 - 6714
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These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.
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