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Statute Name
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Citation
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Summary
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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" 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.
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NY - Dangerous Dog - § 123. Dangerous dogs
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NY AGRI & MKTS § 123, 123-a
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This New York statute provides that statutory penalties for dog bites and the process for declaring a dog "dangerous." Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal, farm animal, or a domestic animal to a dog control officer or police officer of the appropriate municipality. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in subdivision two of this section and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself. Upon a finding that a dog is dangerous, the judge or justice may order humane euthanasia or permanent confinement of the dog if one listed aggravating circumstances is established at the judicial hearing.
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NY - Disaster - § 23. Local comprehensive emergency management plans; § 410. Establishment of animal response teams
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NY EXEC § 22, 23; NY AGRI & MKTS § 410
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In New York, disaster emergency plans must include utilization and coordination of programs to assist individuals with household pets and service animals. Particular emphasis must be on evacuation, shelter and transportation options following a disaster.
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NY - Dog - Assistance Animal/Guide Dog Laws
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NY AGRI & MKTS § 108, 110, 118, and 123-b; NY GEN OBLIG § 11-107; NY CIV RTS § 47, 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 - § 842. Order 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 - Eagles - § 11-0537. Bald and golden eagles; 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 - Endangered Species - § 11-0535. Endangered and threatened species, species of special concern
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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 - Enforcement - Agriculture and Markets Law - Article 3. Investigation; Practice and Procedure; Violations; Penalties.
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McKinney's Agriculture and Markets Law § 32 - 45-a
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This article outlines the procedures and penalties for violations of New York's Agriculture and Markets Law.
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NY - Enforcement, Conservation - Article 71. Enforcement.
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NY ENVIR CONSER § 71-0101 - 0927
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This set of statutes outlines the procedures and penalties for violations of New York's Environmental Conservation Law.
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NY - Exotic - Title 5. Fish and Wildlife Management Practices Cooperative Program; Prohibitions; Taking of Fish, Wildlife, Shellfish and Crustacea for Scientific or Propagation Purposes; Destructive Wildlife; Rabies Control; Guides; Endangered Species.
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NY ENVIR CONSER § 11-0501 - 0539
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This set of New York statutes provides some of the state's fish and wildlife laws. Among the provisions include a prohibition against interference with wildlife, restriction on the possession and importation of certain wildlife such as wolves, wolfdogs, coyotes, coydogs, foxes, skunks, and venomous reptiles, and laws that allows individuals to take destructive wildlife. No person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except that any person who possessed a wild animal for use as a pet at the time that this section went effect may retain possession of such animal for the remainder of its life.
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NY - Exotic - § 11-0917. Possession, transportation and sale of wild game and other wildlife
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NY ENVIR CONSER § 11-0917
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This New York laws begin by stating that wild game and other wildlife may only be possessed if lawfully taken in compliance with the Fish and Wildlife Law and the accompanying regulations. Skunk, bobcat, mink, raccoon and muskrat may be bought and sold alive during their respective open seasons. No live wolf, coyote, coydog, fox, skunk, venomous reptile or raccoon shall be possessed or transported, except under a license or permit issued by the department. Every such license or permit shall contain a prominent notice warning the licensee or permittee of his or her duty to exercise due care in safeguarding the public from attack; failure to do so is a crime under section three hundred seventy of the agriculture and markets law.
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NY - Exotic Pets - § 370. Protection of the public from attack by wild animals and reptiles
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NY AGRI & MKTS § 370
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This New York law provides that any person who owns or possesses a wild animal or reptile capable of inflicting bodily harm upon a human being, who fails to exercise due care in safeguarding the public from attack by such wild animal or reptile, is guilty of a misdemeanor. The punishment for violation is imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both. The second part of the law imposes strict liability upon owners of dangerous wild animals. (See also NY ENVIR CONSER § 11-0101 - 11-0113).
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NY - Fur - Title 11. Trapping
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NY ENVIR CONSER § 11-1101 - 1109
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This set of New York laws sets forth the state's trapping laws. Among the laws includes a ban on traps of the leg-gripping type having teeth in the jaws; traps that operate such that wildlife is suspended when caught; and noose-type snares. No person shall set or use a body gripping type trap with a dimension of more than 7 1/2 inches except as provided by state rules for for trapping beaver or otter during the open season. Traps must bear the name and residence address or the assigned identification number of the operator at all times. Traps must be visited once every 24 hours except in the Northern Zone where it's once every 48 hours.
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NY - Fur - § 399-aaa. Selling and manufacturing of fur-bearing articles of clothing
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NY GEN BUS § 399-aaa
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Makes it illegal for any person, firm, partnership or corporation to knowingly import, sell at retail or manufacture clothing with fur which is not properly labeled as containing "faux fur" or "real fur." Defines appropriate labeling by adding the appropriate description to the permanent tag attached to the clothing, a temporary tag to identify the clothing, or by affixing a sticker with the description in a conspicuous place on the clothing. Sets the maximum punishment to not exceed a $500 fine for the first violation and not to exceed $1000 for each subsequent violation.
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NY - Hunting - § 11-1904. 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 - § 118. Violations (seizure of dogs)
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NY AGRI & MKTS § 118
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This New York law outlines the violations related to licensing of dogs. Any owner who fails to license any dog; fails to have a dog identified as required; knowingly affixes false or improper licensing, including that which identifies it as an assistance dog; fails to confine or restrain his or her dog as required; furnishes false or misleading information in connection with this article; fails to exercise diligence in handling his or her dog, which results in harm to a service dog; commits a violation. It shall be the duty of the dog control officer of any municipality to bring an action against any person who has committed within such municipality any violation of this section. Any municipality may elect either to prosecute such action as a violation under the penal law or to commence an action to recover a civil penalty.
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NY - Impound - § 88. 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 - Licenses - § 109. 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 - Licenses - § 110. License fees (dogs)
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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. 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 - Licensing - § 124. Powers of commissioner
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NY AGRI & MKTS § 124
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This New York law provides that the commissioner is hereby authorized to (a) promulgate, after public hearing, such rules and regulations as are necessary to supplement and give full effect to the provisions of sections one hundred thirteen, one hundred fourteen and one hundred seventeen of this article; and (b) exercise all other powers and functions as are necessary to carry out the duties and purposes set forth in sections one hundred thirteen, one hundred fourteen and one hundred seventeen of this article.
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NY - Lost Dog - Article 7-B. 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 - 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 - § 130. 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 - Ordinances - § 753-e. 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 - Pounds - § 115. Funds expended by municipality for services
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NY AGRI & MKTS § 115
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This New York statute provides that no municipality shall be required to expend in any calendar year for dog control officer and pound or shelter services undertaken pursuant to this article, an amount of money greater than it receives during such year pursuant to this article and any local law or ordinance enacted pursuant thereto.
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NY - Property - § 366. 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 - § 220. 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 - § 11-107. 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 - Sharks - § 13-0338. Sharks; finning prohibited
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NY ENVIR CONSER § 13-0338
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This New York law prohibits the practice known as "shark finning." The section provides that no person shall possess shark fins in the marine and coastal district unless the requisite shark carcass is also possessed. It defines "finning" as "the removal of a fin, other than the caudal fin, from a shark and not retaining the remainder of the shark's carcass."
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NY - Testing, animals - Title I. General Provisions: State Laboratories; Approved Laboratories
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NY PUB HEALTH § 500 - 505a
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The following statutes provide protections for animals used in experiments and research. The statutes also require that alternative nonanimal testing methods be used when certain requirements are met.
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NY - Trusts - § 7-8.1 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 the living animal beneficiary or beneficiaries of such trust are no longer alive. 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 - Article 135. 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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NY - Wildlife, Exotics - Title 1. Short Title; Definitions; General Provisions
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NY ENVIR CONSER § 11-0101 - 11-0113
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This set of statutes represents the definitional portion of New York's Fish and Wildlife Law. Among the provisions include definitions for game and non-game, a definition for "wild animal," which includes big cats, non-domesticated dogs, bears, and venomous reptiles, and the state's hunter harassment law. The section also provides that the State of New York owns all fish, game, wildlife, shellfish, crustacea and protected insects in the state, except those legally acquired and held in private ownership. (See also link to Article 25-B. § 370. Protection of the public from attack by wild animals and reptiles).
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