§ 1403 — Corporations for the prevention of cruelty

New York § 1403

• Jurisdiction: New York
• Law NPC: Not-for-Profit Corporation
• Art. 14: Special Not-for-profit Corporations

Text

§ 1403. Corporations for the prevention of cruelty.\n (a) Prohibition of new corporations in certain counties.\n (1) A corporation for the prevention of cruelty to animals shall not\nhereafter be incorporated for the purpose of conducting its operations\nin the counties of New York, Kings, Queens, Richmond, Rensselaer, or\nWestchester outside of the city of Yonkers; or in any other county if\nthereby two or more such corporations would exist in such county except\nas provided in subparagraph three hereof. Any corporation for the\nprevention of cruelty to animals may exercise its powers and conduct its\noperations in any adjacent county in which no such corporation exists\nuntil the establishment of such a corporation therein.\n (1-a) No corporation for the prevention of cruelty to children, or for\nthe dual purpose of prevention of cruelty to children and cruelty to\nanimals shall be incorporated on or after November first, nineteen\nhundred eighty-nine. Any such corporations, incorporated prior to\nNovember first, nineteen hundred eighty-nine, may exercise their powers\nand conduct their operation in any adjacent county in which no such\ncorporations exist until the establishment of such corporations therein\nprior to November first, nineteen hundred eighty-nine. The Brooklyn\nsociety for the prevention of cruelty to children may exercise all its\npowers in the county of Nassau until a society for the prevention of\ncruelty to children shall be incorporated prior to November first,\nnineteen hundred eighty-nine, and located therein, and may exercise all\nits powers in the county of Suffolk until such a corporation is\nincorporated prior to November first, nineteen hundred eighty-nine, and\nlocated therein.\n (2) In addition to the requirements of section 402, a certificate of\nincorporation under which an additional corporation is formed in the\nCity of Yonkers must designate such city as the place where its\noperations are to be conducted.\n (3) In any county having a population of one hundred thousand or less,\nwhere there is already in existence a corporation duly incorporated for\nthe prevention of cruelty to animals and where it appears that the\nfunctions of such corporation are confined to a local area in such\ncounty and where it further appears that part of such county is not\nserved by the existing corporation, an application may be made for the\nincorporation of a second such corporation in such county. If it appears\nto the satisfaction of the court that such existing corporation does not\nserve the area from which the application for incorporation of a new\ncorporation is made, the court shall approve the proposed certificate of\nincorporation.\n (b) Special powers.\n (1) A corporation formed for the purpose of preventing cruelty to\nchildren, when represented by an attorney duly admitted to the practice\nof law, may prosecute a complaint before any court, tribunal or\nmagistrate having jurisdiction, for the violation of any law enacted to\nprevent (i) the abuse, maltreatment or neglect of a child, as those\nterms are defined in section four hundred twelve of the social services\nlaw and section one thousand twelve of the family court act, or (ii) the\nexploitation of or harm to a child at the hands of an adult that would\nconstitute a violation of article one hundred twenty, one hundred\nthirty, one hundred thirty-five, two hundred sixty or two hundred\nsixty-three of the penal law, and may aid in presenting the law and\nfacts to such court, tribunal or magistrate in any proceeding therein.\n (2) A corporation formed for the purpose of preventing cruelty to\nanimals may prefer a complaint before any court, tribunal or magistrate\nhaving jurisdiction, for the violation of any law relating to or\naffecting the prevention of cruelty to animals, and may aid in\npresenting the law and facts to such court, tribunal or magistrate in\nany proceeding therein.\n (3) A corporation for the prevention of cruelty to children may be\nappointed guardian of the person of a minor child during its minority by\na court of record, or a judge thereof, and may receive and retain any\nchild at its own expense on commitment by a court or magistrate.\n (4) All magistrates, peace officers, acting pursuant to their special\nduties and police officers shall aid such a corporation, its officers,\nagents and members in the enforcement of laws enacted to prevent (i) the\nabuse, maltreatment or neglect of a child, as those terms are defined in\nsection four hundred twelve of the social services law and section one\nthousand twelve of the family court act, or (ii) the exploitation of or\nharm to a child at the hands of an adult that would constitute a\nviolation of article one hundred twenty, one hundred thirty, one hundred\nthirty-five, two hundred sixty or two hundred sixty-three of the penal\nlaw, and for the prevention of cruelty to animals.\n (c) Type of corporation.\n A corporation for the prevention of cruelty is a charitable\ncorporation under this chapter.\n