New York Statutes

Statute by categorysort descending Citation Summary
New York Consolidated Laws 1909: Sections 180-196 N.Y. Penal Law §§ 180-196 (Consol. 1909)

Article 16, entitled "Animals," concerns New York's Law about the treatment of animals from 1909.  The act covers such topics as the keeping of animals for fighting to abandoning diseased or injured animals.  In addition, the act provides definitions in section 180 for important words such as animal and torture.

New York Consolidated Laws 1938: Sections 180-196 N.Y. Penal Law §§ 180-196 (Consol. 1938)

Article 16, entitled "Animals", concerns New York's Law about the treatment of animals from 1938.  The act covers such topics as poisoning of animals to abandoning diseased or injured animals.  In addition, the act provides definitions in section 180.

New York Penal Law 1866: Chapter 682: Section 2 N.Y. Rev. Stat. 682.2 (1866)

Chapter 682 from New York Penal Law of 1866 covers cruelty to animals.  Section 2 from this chapter describes the offense entitled neglect of disabled animals.  The law states the penalty for leaving a disabled or diseased animal to die on any state or city land.  

New York Revised Statute 1881: Chapter 682: Section 26 N.Y. Rev. Stat. ch. 682, § 26 (1881)

Section 26 of Chapter 682 from New York Revised Statutes 1881 concerns the treatment of animals by the owner or any other person.  A person found harming such an animal would be guilty of a misdemeanor.

New York Revised Statutes 1829: Title 6: Section 26 N.Y. Rev. stat. tit. 6, 26 (1829).

The law contained in Title 6, Section 26 of the New York Revised Statutes of 1829 concerns the offense of maliciously killing an animal of another.  The statute describes the type of animals covered and the punishment for killing, wounding, or maiming such an animal.  In addition, the statute also states the punishment for the offense of cruelty to animals.

New York Revised Statutes 1866: Chapter 783: Sections 1-10 N.Y. Rev. Stat. ch. 783, §§ 1-10 (1866)

Chapter 783, entitled "An act for the more effectual prevention of animal cruelty," concerns New York's Law on animal treatment for 1866. 

New York Revised Statutes 1867: Chapter 375: Sections 1-10 N.Y. Rev. Stat. ch. 375, §§ 1-10 (1867)

Chapter 375, entitled "An act for the more effectual prevention of animal cruelty," concerns New York's law on animal treatment for 1867. 

New York Revised Statutes 1874: Chapter 12: Sections 1-8 N.Y. Rev. Stat. ch. 12, §§ 1-8 (1874)

Chapter 12, entitled "An act relating to animals," concerns New York's Law about the treatment of animals from 1874.

NY - Assistance Animals - Assistance Animal/Guide Dog Laws McKinney's Agriculture and Markets Law § 108, 110, 118, 123-b; McKinney's General Obligations Law § 11-107; McKinney's Civil Rights Law § 47, 47-a to c; McKinney's Penal Law § 195.11 - 12; § 242.00 - .15; McKinney's Public Housing Law § 223-a, b

The following statutes comprise the state's relevant assistance animal and guide dog laws.

NY - Cruelty - Consolidated Cruelty Statutes McKinney's Agriculture and Markets Law § 331 - 379; McKinney's Penal Law § 130.20

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.

NY - Dangerous animal - § 209-cc. Notification of presence of wild animals and dangerous dogs McKinney's General Municipal Law § 209-cc

New York state law requires anyone in possession of dangerous dogs and dangerous wild animals (which include non-human primates, non-domesticated dogs and cats, bears, venomous, constrictors and python snakes, and certain crocodiles) to report the presence of that animal to the clerk of the city, town, or village in which the animal resides. The report must be filed by April 1st every year and must list all of the physical locations where the animal may be kept. The clerk must then notify all local police, fire, and emergency medical service departments of the presence of that animal. Any person who fails to report the presence may be fined up to $250 dollars for the first offense and $1,000 dollars for each subsequent offense. Zoos and other U.S. Department of Agriculture-licensed exhibitors are exempt from the reporting requirement.

NY - Dangerous Dog - Chapter 69. Of the Consolidated Laws. McKinney's Agriculture and Markets Law § 123, 123-a

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.

NY - Disaster - Article 2-B. State and Local Natural and Man-Made Disaster Preparedness. Agriculture and Markets Law. McKinney's Executive Law § 22, 23; McKinney's Agriculture and Markets Law § 410

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.

NY - Dogs - Consolidated Dog Laws McKinney's Agriculture and Markets Law § 106 - 127, 331 - 332, 400 - 410; McKinney's ECL §§ 11-0529, 11-0901 - 0928, 11-2117; McKinney's General Business Law §§ 399-aa, 751 - 755; McKinney's General Municipal Law § 88, 209-cc;

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.

NY - Domestic Violence - Article 8. Family Offenses Proceedings. McKinney's Family Court Act § 842

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.

NY - Eagles - Chapter 43-B. Of the Consolidated Laws. N.Y. Envtl. Conserv. Law § 11-0537

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. .

NY - Ecoterrorism - § 378. Unlawful tampering with animal research McKinney's Agriculture and Markets Law § 378 This New York law comprises the state's ecoterrorism provision. A person who has been given "notice," as defined by the law, is guilty of the crime of "unlawful tampering with animal research" if he or she: (1) knowingly or intentionally releases an animal from a facility or causes the abandonment of an animal knowing that such animal was exposed to infectious agents prior to such release or abandonment and was capable of transmitting such infectious agents to humans; or (2) with intent to do so, causes loss or damage to secret scientific material, and having no right to do so nor any reasonable ground to believe that he has such right, causes loss of or damage to any secret scientific material in an amount in excess of two hundred fifty dollars at a facility.
NY - Endangered Species - Chapter 43-B. Of the Consolidated Laws. N.Y. Envtl. Conserv. Law § 11-0535

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).

NY - Enforcement - Agriculture and Markets Law - Article 3. Investigation; Practice and Procedure; Violations; Penalties. McKinney's Agriculture and Markets Law § 32 - 45-c

This article outlines the procedures and penalties for violations of New York's Agriculture and Markets Law.

NY - Enforcement, Conservation - Article 71. Enforcement. McKinney's ECL § 71-0101 to 71-0927

This set of statutes outlines the procedures and penalties for violations of New York's Environmental Conservation Law.

NY - Exotic - Chapter 43-B. Of the Consolidated Laws. McKinney's E. C. L. § 11-0917

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.

NY - Exotic - Chapter 43-B. Of the Consolidated Laws. McKinney's E. C. L. § 11-0501 to 11-0539

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.

NY - Exotic Pets - Chapter 69 Of the Consolidated Laws. McKinney's Agriculture and Markets Law § 370 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.
NY - Food Service - § 1352-e. Companion dogs at food service establishments McKinney's Public Health Law § 1352-e

This statute allows for companion dogs in an outdoor dining area at a food service establishment in the state of New York. The companion dogs are allowed at an outdoor dining area if the owner of the establishment allows companion dogs, a separate outdoor entrance is available for the companion dog to enter the dining area, and the outdoor area where the companion dog is allowed is not used for food or drink preparation. The statute also outlines a number of other requirements that the owner of the establishment and owner of the companion dog must follow in order to be in compliance with this statute.

NY - Fur - Chapter 20. Of the Consolidated Laws. McKinney's General Business Law § 399-aaa

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.

NY - Fur - Title 11. Trapping McKinney's E. C. L. § 11-1101 to 11-1109

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.

NY - Humane Societies - § 2.10. Persons designated as peace officers McKinney's CPL § 2.10

This New York statute outlines the people who are designated as peace officers. Included are officers or agents of a duly incorporated society for the prevention of cruelty to animals.

NY - Hunting - Chapter 43-B. Of the Consolidated Laws McKinney's E. C. L. § 11-1904

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.

NY - Hunting, Interent - § 11-1906. On-line shoots prohibited McKinney's E. C. L. § 11-1906

Under this New York law, no person, firm, corporation, partnership, limited liability company, association or other business entity shall (1) own or operate a shooting range or gallery located in this state for purposes of the on-line shooting or spearing of targets or animals; or (2) create, maintain or utilize a website via the internet, or a service or business via any other means, from any location within this state for purposes of the on-line shooting or spearing of targets or animals. Per McKinney's ECL § 71-0923, a violation of section 11-1906 is punishable by a fine of not more than two thousand five hundred dollars.

NY - Impound - Article 5. Powers, Limitations, and Liabilities. McKinney's General Municipal Law § 88

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.

NY - Impound - Chapter 69. Of the Consolidated Laws. McKinney's Agriculture and Markets Law § 118

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.

NY - Licenses - Chapter 69. Of the Consolidated Laws McKinney's Agriculture and Markets Law § 109

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.

NY - Licenses - Chapter 69. Of the Consolidated Laws. Article 7. Licensing, Identification and Control of Dogs McKinney's Agriculture and Markets Law § 110

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.

NY - Lien upon strays - § 310. Lien upon strays McKinney's Town Law § 310 If any person finds any livestock on their enclosed land, or finds livestock on their land doing damage, and the livestock did not come from adjoining lands because of the refusal or neglect to erect a division fence required by law, such person may have a lien over all other liens on such livestock. The lien shall last for as long as such person retains possession of the livestock, and as long as the damage remains to his land, until the damages, charges, fees, and costs are paid for keeping the livestock.
NY - Lost Dog - Article 7-B. Lost and Found Property. McKinney's Personal Property Law § 251 to 258

This section comprises New York's Lost and Found Property provisions.

NY - Municipal power - Chapter 69. Of the Consolidated Laws. McKinney's Agriculture and Markets Law § 124

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.

NY - Ordinances - Article 35-D. Sale of Dogs and Cats. § 753-e. Preemption of local laws McKinney's General Business Law § 753-e - REPEALED 2014

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.

NY - Ordinances - Chapter 62. Of the Consolidated Laws. McKinney's Town Law § 130

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.

NY - Pounds - Chapter 69. Of the Consolidated Laws. McKinney's Agriculture and Markets Law § 115

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.

NY - Property - Chapter 69. Of the Consolidated Laws. McKinney's Agriculture and Markets Law § 366

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.

NY - Racing - § 220. Licenses for participants and employees at race meetings McKinney's Racing, Pari Mutuel Wagering and Breeding Law § 220

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.

NY - Research animals - § 239-b. Research dogs and cats McKinney's Education Law § 239-b

This New York law, effective in 2016, provides that a publicly-funded higher education research facility must assess the health of the dog or cat and determine whether it is suitable for adoption after the research and testing on the animal is completed. That research facility must then make reasonable efforts to offer for adoption the dog or cat determined to be suitable for adoption, either through private placement or through an animal rescue/organization.

NY - Research, animal - Article 5. Laboratories. Title I. General Provisions: State Laboratories; Approved Laboratories. McKinney's Public Health Law § 500 - 506

The group of statutes provides that the commissioner shall require laboratories and research facilities to treat all animals used in testing humanely, provide food and suitable housing, and that any experiments that inflict or involve pain shall be performed with anesthesia.  Each research facility shall be inspected by the commissioner in order to ensure compliance with said rules.  In addition, the statutes provide that alternative animal testing methods be utilized when the alternative has been scientifically validated and recommended by the Inter-Agency Coordinating Committee for the Validation of Alternative Methods (ICCVAM) and adopted by the appropriate federal agency.

NY - Service Animal - Chapter 24-A. Of the Consolidated Laws. McKinney's General Obligations Law § 11-107

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.

NY - Sharks - Article 13. Marine and Coastal Resources. McKinney's E. C. L. § 13-0338

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."

NY - Trusts - Chapter 17-B. Of the Consolidated Laws. McKinney's E. P. T. L. § 7-8.1

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.

NY - Veterinary - Article 135. Veterinary Medicine and Animal Health Technology. McKinney's Education Law § 6700 - 6714

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.

NY - Wild Animals - § 11-0512. Possession, sale, barter, transfer, exchange and import of wild animals as pets prohibited McKinney's E. C. L. § 11-0512

This section provides that 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. Certain other entities are also excepted from this ban.

NY - Wildlife, Exotics - Title 1. Short Title; Definitions; General Provisions McKinney's E. C. L. § 11-0101 to 11-0113

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.