§ 373 — Seizure of animals lost, strayed, homeless, abandoned or improperly confined or kept

§ 373. Seizure of animals lost, strayed, homeless, abandoned or\nimproperly confined or kept. 1. Any police officer or agent or officer\nof the American Society for the Prevention of Cruelty to Animals or any\nduly incorporated society for the prevention of cruelty to animals, may\nlawfully take possession of any lost, strayed, homeless or abandoned\nanimal found in any street, road or other public place.\n 1-a. Any police officer in Lewis county may lawfully take possession\nof any lost, strayed, homeless or abandoned domestic animal, as defined\nin section one hundred eight of this chapter, found in any street, road\nor other public place.\n 2. Any such police officer or agent or officer may also lawfully take\npossession of any animal in or upon any premises other than a street,\nroad or other public place, which for more than twelve successive hours\nhas been confined or kept in a crowded or unhealthy condition or in\nunhealthful or unsanitary surroundings or not properly cared for or\nwithout necessary sustenance, food or drink, provided that a complaint\nstating just and reasonable grounds is made under oath or affirmation to\nany magistrate authorized to issue warrants in criminal cases, and that\nsuch warrant authorizing entry and search is issued and delivered by\nsuch magistrate; if just and reasonable cause is shown, the magistrate\nshall immediately issue such warrant.\n 3. Any such police officer or agent or officer may also lawfully take\npossession of any unwanted animal from the person in possession or\ncustody thereof.\n 4. When any person arrested is, at the time of such arrest, in charge\nof any animal or of any vehicle drawn by or containing any animal, any\nagent or officer of said society or societies or any police officer may\ntake charge of such animal and of such vehicle and its contents, and\ndeposit the same in a safe place or custody, or deliver the same into\nthe possession of the police or sheriff of the county or place wherein\nsuch arrest was made, who shall thereupon assume the custody thereof;\nand all necessary expenses incurred in taking charge of such property\nshall be a charge thereon.\n 5. Nothing herein contained shall restrict the rights and powers\nderived from section one hundred seventeen of this chapter relating to\nseizure of unlicensed dogs and the disposition to be made of animals so\nseized or taken, nor those derived from any other general or special law\nrelating to the seizure or other taking of dogs and other animals by a\nsociety for the prevention of cruelty to animals.\n 6. a. If any animal is seized and impounded pursuant to the provisions\nof this section, section three hundred fifty-three-d of this article or\nsection three hundred seventy-five of this article for any violation of\nthis article, upon arraignment of charges, or within a reasonable time\nthereafter, the duly incorporated society for the prevention of cruelty\nto animals, humane society, pound, animal shelter or any authorized\nagents thereof, hereinafter referred to for the purposes of this section\nas the "impounding organization", may file a petition with the court in\nwhich criminal charges have been filed requesting that the person from\nwhom an animal is seized or the owner of the animal be ordered to post a\nsecurity. The district attorney prosecuting the charges may file and\nobtain the requested relief on behalf of the impounding organization if\nrequested to do so by the impounding organization. The security shall be\nin an amount sufficient to secure payment for all reasonable expenses\nexpected to be incurred by the impounding organization in caring and\nproviding for the animal pending disposition of the charges. Reasonable\nexpenses shall include, but not be limited to, estimated medical care\nand boarding of the animal for at least thirty days. The amount of the\nsecurity, if any, shall be determined by the court after taking into\nconsideration all of the facts and circumstances of the case including,\nbut not limited to the recommendation of the impounding organization\nhaving custody and care of the seized animal and the cost of caring for\nthe animal. If a security has been posted in accordance with this\nsection, the impounding organization may draw from the security the\nactual reasonable costs to be incurred by such organization in caring\nfor the seized animal.\n b. (1) Upon receipt of a petition pursuant to paragraph a of this\nsubdivision the court shall set a hearing on the petition to be\nconducted within ten business days of the filing of such petition. The\npetitioner shall serve a true copy of the petition upon the defendant\nand the district attorney if the district attorney has not filed the\npetition on behalf of the petitioner. The petitioner shall also serve a\ntrue copy of the petition on any interested person. For purposes of this\nsubdivision, interested person shall mean an individual, partnership,\nfirm, joint stock company, corporation, association, trust, estate or\nother legal entity who the court determines may have a pecuniary\ninterest in the animal which is the subject of the petition. The\npetitioner or the district attorney acting on behalf of the petitioner,\nshall have the burden of proving by a preponderance of the evidence that\nthe person from whom the animal was seized violated a provision of this\narticle. The court may waive for good cause shown the posting of\nsecurity.\n (2) If the court orders the posting of a security, the security shall\nbe posted with the clerk of the court within five business days of the\nhearing provided for in subparagraph one of this paragraph. The court\nmay order the immediate forfeiture of the seized animal to the\nimpounding organization if the person ordered to post the security fails\nto do so. Any animal forfeited shall be made available for adoption or\neuthanized subject to subdivision seven-a of section one hundred\nseventeen of this chapter or section three hundred seventy-four of this\narticle.\n (3) In the case of an animal other than a companion animal or pet, if\na person ordered to post security fails to do so, the court may, in\naddition to the forfeiture to a duly incorporated society for the\nprevention of cruelty to animals, humane society, pound, animal shelter\nor any authorized agents thereof, and subject to the restrictions of\nsections three hundred fifty-four, three hundred fifty-seven and three\nhundred seventy-four of this article, order the animal which was the\nbasis of the order to be sold, provided that all interested persons\nshall first be provided the opportunity to redeem their interest in the\nanimal and to purchase the interest of the person ordered to post\nsecurity, subject to such conditions as the court deems appropriate to\nassure proper care and treatment of the animal. The court may reimburse\nthe person ordered to post security and any interested persons any money\nearned by the sale of the animal less any costs including, but not\nlimited to, veterinary and custodial care. Any animal determined by the\ncourt to be maimed, diseased, disabled or infirm so as to be unfit for\nsale or any useful purpose shall be forfeited to a duly incorporated\nsociety for the prevention of cruelty to animals or a duly incorporated\nhumane society or authorized agents thereof, and be available for\nadoption or shall be euthanized subject to section three hundred\nseventy-four of this article.\n (4) 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\nanimal described in this section. This section expressly does not impair\nor subordinate the rights of such a secured lender having a security\ninterest in the animal or in the proceeds from the sale of such animal.\n c. In no event shall the security prevent the impounding organization\nhaving custody and care of the animal from disposing of the animal\npursuant to section three hundred seventy-four of this article prior to\nthe expiration of the thirty day period covered by the security if the\ncourt makes a determination of the charges against the person from whom\nthe animal was seized prior thereto. Upon receipt of a petition from the\nimpounding organization, the court may order the person from whom the\nanimal was seized or the owner of the animal to post an additional\nsecurity with the clerk of the court to secure payment of reasonable\nexpenses for an additional period of time pending a determination by the\ncourt of the charges against the person from whom the animal was seized.\nThe person who posted the security shall be entitled to a refund of the\nsecurity in whole or part for any expenses not incurred by such\nimpounding organization upon adjudication of the charges. The person who\nposted the security shall be entitled to a full refund of the security,\nincluding reimbursement by the impounding organization of any amount\nallowed by the court to be expended, and the return of the animal seized\nand impounded upon acquittal or dismissal of the charges, except where\nthe dismissal is based upon an adjournment in contemplation of dismissal\npursuant to section 215.30 of the criminal procedure law. The court\norder directing such refund and reimbursement shall provide for payment\nto be made within a reasonable time from the acquittal or dismissal of\ncharges.\n 7. Notwithstanding any other provision of this section to the\ncontrary, the court may order a person charged with any violation of\nthis article to provide necessary food, water, shelter and care for any\nanimal which is the basis of the charge, without the removal of the\nanimal from its existing location, until the charges against the person\nare adjudicated. Until a final determination of the charges is made,\nany law enforcement officer, officer of a duly incorporated society for\nthe prevention of cruelty to animals, or its authorized agents, may be\nauthorized by an order of the court to make regular visits to where the\nanimal is being kept to ascertain if the animal is receiving necessary\nfood, water, shelter and care. Nothing shall prevent any law enforcement\nofficer, officer of a duly incorporated society for the prevention of\ncruelty to animals, or its authorized agents, from applying for a\nwarrant pursuant to this section to seize any animal being held by the\nperson charged pending the adjudication of the charges if it is\ndetermined that the animal is not receiving the necessary food, water,\nshelter or care.\n