§ 374 — Humane destruction or other disposition of animals lost, strayed, homeless, abandoned or improperly confined or kept

§ 374. Humane destruction or other disposition of animals lost,\nstrayed, homeless, abandoned or improperly confined or kept. 1. Any\nagent or officer of any duly incorporated humane society, a duly\nincorporated society for the prevention of cruelty to animals, any dog\ncontrol officer, or any police officer, may lawfully cause to be\nhumanely destroyed (by means provided for in paragraph a of subdivision\nthree of this section) any animal found abandoned and not properly cared\nfor, or any lost, strayed, homeless or unwanted animal, if upon\nexamination a licensed veterinarian shall certify in writing, or if two\nreputable citizens called upon by such agent, officer or police officer\nto view the same in his or her presence find that the animal is so\nmaimed, diseased, disabled, or infirm so as to be unfit for any useful\npurpose and that humane euthanasia is warranted; or after such agent,\nofficer or police officer has obtained in writing from the owner of such\nanimal his or her consent to such destruction.\n 2. In the absence of such findings or certification, a duly\nincorporated humane society, a duly incorporated society for the\nprevention of cruelty to animals, or any pound maintained by or under\ncontract or agreement with any county, city, town or village may after\nfive days make available for adoption or have humanely destroyed in\naccordance with the provisions of this section and subject to\nsubdivisions six, eight and nine of section one hundred seventeen of\nthis chapter, any animal of which possession is taken as provided for in\nthe preceding section, unless the same is earlier redeemed by its owner.\nNotwithstanding the redemption periods set forth above in this\nsubdivision, any municipality may establish the duration of such periods\nby local law or ordinance for any cat whose owner cannot be identified\nby a collar, tag, microchip, tattoo or other identifying mark, provided\nthat no such period shall be less than three days, and provided further\nthat such cat be made available solely for the purposes of adoption and\nreleased to an adoptive owner following an examination by a\nduly-licensed veterinarian, the details of which shall be provided to\nthe adoptive owner.\n 3. a. Except as provided in subdivision four of this section,\neuthanasia of animals pursuant to this section shall be accomplished\nsolely by means of injection of sodium pentobarbital or sodium\npentobarbital solution administered by a certified euthanasia\ntechnician, a licensed veterinarian or a licensed veterinary technician.\nEuthanasia by intracardiac injection of sodium pentobarbital or sodium\npentobarbital solution shall be performed only upon animals that are\nheavily sedated, anesthetized, or comatose. However, only a licensed\nveterinarian may perform euthanasia by intracardiac injection of sodium\npentobarbital or sodium pentobarbital solution upon animals that are not\nheavily sedated, anesthetized or comatose and only when such licensed\nveterinarian determines that such intracardiac injection is the most\nhumane option available. Whenever a cardiac injection of sodium\npentobarbital or sodium pentobarbital solution is administered by a\nlicensed veterinarian upon an animal that is not heavily sedated,\nanesthetized or comatose, such veterinarian must document, in writing,\nthe administration of such injection and the reason for its\nadministration. Such documentation shall be retained for at least three\nyears. Under no circumstances shall intracardiac injection be performed\non animals that are not heavily sedated, anesthetized or comatose where\nsuch animals are under the care of any duly incorporated society for the\nprevention of cruelty to animals, animal shelter, humane society or\npound.\n b. No animal shall be left unattended between the time that the\neuthanasia procedure begins and the time when death is confirmed. The\nbody of a euthanized animal shall not be disposed of in any manner until\ndeath is confirmed by a licensed veterinarian, a certified euthanasia\ntechnician or a licensed veterinary technician. Violations of this\nparagraph shall be punishable by a civil penalty of not more than five\nhundred dollars.\n The department of health shall promulgate regulations deemed necessary\nfor implementation of the provisions of this subdivision, including\nregulations governing the training and certification of certified\neuthanasia technicians.\n 4. a. Any method of euthanasia other than that provided for in\nsubdivision three of this section is prohibited except that euthanasia\nof an animal by gunshot is permissible as an emergency measure for an\nanimal that is posing an imminent threat of serious physical injury to a\nperson or to another animal as provided in section one hundred\ntwenty-one-a of this chapter and where the use of a humane method of\neuthanasia prescribed in this section is rendered impossible or where a\nseverely injured animal is suffering and cannot otherwise be aided.\n b. Within ninety days of the effective date of this subdivision, any\nchamber used to induce hypoxia by means of a lethal gas shall be\ndismantled, rendered inoperable and beyond repair, and removed from the\npremises. Violations of this paragraph shall be punishable by a civil\npenalty of not more than five hundred dollars.\n 5. No person shall release any dog or cat from the custody or control\nof any pound, shelter, society for the prevention of cruelty to animals,\nhumane society, dog protective association, dog control officer, peace\nofficer or any agent thereof, for any purpose except adoption or\nredemption by its owner, provided, however, that after the time for\nredemption has expired, release may be made to another such pound, duly\nincorporated society for the prevention of cruelty to animals, duly\nincorporated humane society or duly incorporated animal protective\nassociation for the sole purpose of placing such animal in an adoptive\nhome when such action is reasonably believed to improve the opportunity\nfor adoption. Notwithstanding the penalties set forth in paragraph b of\nsubdivision three of this section and paragraph b of subdivision four of\nthis section, any violation of this subdivision, subdivision two, three\nor four of this section, shall constitute a misdemeanor and shall be\npunishable by imprisonment for not more than one year, or by a fine of\nnot more than one thousand dollars, or by both.\n 6. In lieu of such destruction, redemption or other disposition\npursuant to this section, such pound, shelter, or society may in its\ndiscretion lawfully and without liability deliver such animal for\nadoption to an individual other than the owner after the time for\nredemption has expired.\n 7. Prior to such destruction or other disposition, the owner of the\nanimal may redeem the same upon proving title to the satisfaction of\nsuch society and paying such society such amount, approved by a\nmagistrate, as may have been reasonably expended by such society in\nconnection with the care and maintenance thereof.\n 8. a. In addition to any other penalty provided by law, upon\nconviction for any violation of section three hundred fifty-one, three\nhundred fifty-three, three hundred fifty-three-a, three hundred\nfifty-three-b, three hundred fifty-five, three hundred fifty-six, three\nhundred fifty-nine, three hundred sixty, three hundred sixty-one, three\nhundred sixty-five or three hundred sixty-eight of this article, the\nconvicted person may, after a duly held hearing pursuant to paragraph f\nof this subdivision, be ordered by the court to forfeit, to a duly\nincorporated society for the prevention of cruelty to animals or a duly\nincorporated humane society or authorized agents thereof, the animal or\nanimals which are the basis of the conviction. Upon such an order of\nforfeiture, the convicted person shall be deemed to have relinquished\nall rights to the animals which are the basis of the conviction, except\nthose granted in paragraph d of this subdivision.\n b. Pursuant to the provisions of subdivisions two, three, four and\nfive of this section, no animal in the custody of a duly incorporated\nsociety for the prevention of cruelty to animals, a duly incorporated\nhumane society, duly incorporated animal protective association, pound\nor its authorized agents thereof, shall be sold, transferred or\notherwise made available to any person for the purpose of research,\nexperimentation or testing. No authorized agent of a duly incorporated\nsociety for the prevention of cruelty to animals, nor of a duly\nincorporated humane society, duly incorporated animal protective\nassociation or pound shall use any animal placed in its custody by the\nduly incorporated society for the prevention of cruelty to animals or\nduly incorporated humane society for the purpose of research,\nexperimentation or testing.\n c. The court may additionally order that the convicted person or any\nperson dwelling in the same household who conspired, aided or abetted in\nthe unlawful act which was the basis of the conviction, or who knew or\nshould have known of the unlawful act, shall not own, harbor, or have\ncustody or control of any other animals, other than farm animals, for a\nperiod of time which the court deems reasonable.\n d. In the case of farm animals, the court may, in addition to the\nforfeiture to a duly incorporated society for the prevention of cruelty\nto animals or a duly incorporated humane society or authorized agents\nthereof, and subject to the restrictions of sections three hundred\nfifty-four and three hundred fifty-seven of this article, order the farm\nanimals which were the basis of the conviction to be sold. In no case\nshall farm animals which are the basis of the conviction be redeemed by\nthe convicted person who is the subject of the order of forfeiture or by\nany person dwelling in the same household who conspired, aided or\nabetted in the unlawful act which was the basis of the conviction, or\nwho knew or should have known of the unlawful act. The court shall\nreimburse the convicted person and any duly determined interested\npersons, pursuant to paragraph f of this subdivision, any money earned\nby the sale of the farm animals less any costs including, but not\nlimited to, veterinary and custodial care, and any fines or penalties\nimposed by the court. The court may order that the subject animals be\nprovided with appropriate care and treatment pending the hearing and the\ndisposition of the charges. Any farm animal ordered forfeited but not\nsold shall be remanded to the custody and charge of a duly incorporated\nsociety for the prevention of cruelty to animals or duly incorporated\nhumane society or its authorized agent thereof and disposed of pursuant\nto paragraph e of this subdivision.\n e. A duly incorporated society for the prevention of cruelty to\nanimals or a duly incorporated humane society in charge of animals\nforfeited pursuant to paragraph a of this subdivision may, in its\ndiscretion, lawfully and without liability, adopt them to individuals\nother than the convicted person or person dwelling in the same household\nwho conspired, aided or abetted in the unlawful act which was the basis\nof the conviction, or who knew or should have known of the unlawful act,\nor humanely dispose of them according to the provisions of subdivisions\ntwo, three, four and five of this section.\n f. (1) Prior to an order of forfeiture of farm animals, a hearing\nshall be held within thirty days of conviction, to determine the\npecuniary interests of any other person in the farm animals which were\nthe basis of the conviction. Written notice shall be served at least\nfive days prior to the hearing upon all interested persons. In addition,\nnotice shall be made by publication in a local newspaper at least seven\ndays prior to the hearing. For the purposes of this subdivision,\ninterested persons shall mean any individual, partnership, firm, joint\nstock company, corporation, association, trust, estate, or other legal\nentity who the court determines may have a pecuniary interest in the\nfarm animals which are the subject of the forfeiture action.\n (2) All interested persons shall be provided an opportunity at the\nhearing to redeem their interest as determined by the court in the\nsubject farm animals and to purchase the interest of the convicted\nperson. The convicted person shall be entitled to be reimbursed his\ninterest in the farm animals, less any costs, fines or penalties imposed\nby the court, as specified under paragraph d of this subdivision. In no\ncase shall the court award custody or control of the animals to any\ninterested person who conspired, aided or abetted in the unlawful act\nwhich was the basis of the conviction, or who knew or should have known\nof the unlawful act.\n g. Nothing in this section shall be construed to limit or restrict in\nany way the rights of a secured party having a security interest in any\nfarm animal described in this section. This section expressly does not\nimpair or subordinate the rights of such a secured lender having a\nsecurity interest in farm animals or in the proceeds from the sale of\nsuch farm animals.\n