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Attachment A
Example of Laws Pertaining to Animals
NEW YORK AGRICULTURE AND MARKETS LAWS
ARTICLE 26. ANIMALS
§ 353. Overdriving, torturing and injuring animals; failure to
provide proper sustenance
A person who overdrives, overloads, tortures or cruelly beats or
unjustifiably injures, maims, mutilates or kills any animal, whether
wild or tame, and whether belonging to himself or to another, or
deprives any animal of necessary sustenance, food or drink, or neglects
or refuses to furnish it such sustenance or drink, or causes, procures
or permits any animal to be overdriven, overloaded, tortured, cruelly
beaten, or unjustifiably injured, maimed, mutilated or killed, or to be
deprived of necessary food or drink, or who willfully sets on foot,
instigates, engages in, or in any way furthers any act of cruelty to any
animal, or any act tending to produce such cruelty, 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.
Nothing herein contained shall be construed to prohibit or interfere
with any properly conducted scientific tests, experiments or
investigations, involving the use of living animals, performed or
conducted in laboratories or institutions, which are approved for these
purposes by the state commissioner of health. The state commissioner of
health shall prescribe the rules under which such approvals shall be
granted, including therein standards regarding the care and treatment of
any such animals. Such rules shall be published and copies thereof
conspicuously posted in each such laboratory or institution. The state
commissioner of health or his duly authorized representative shall have
the power to inspect such laboratories or institutions to insure
compliance with such rules and standards. Each such approval may be
revoked at any time for failure to comply with such rules and in any
case the approval shall be limited to a period not exceeding one
year.
(Effective 1967, amended 1985.)
§ 353-a. Aggravated Cruelty to Animals (2000)
1. A person is guilty of aggravated cruelty to animals when, with no
justifiable purpose, he or she intentionally kills or intentionally
causes serious physical injury to a companion animal with aggravated
cruelty. For purposes of this section, "aggravated cruelty" shall mean
conduct which: (i) is intended to cause extreme physical pain; or (ii)
is done or carried out in an especially depraved or sadistic manner.
2. Nothing contained in this section shall be construed to prohibit or
interfere in any way with anyone lawfully engaged in hunting, trapping,
or fishing, as provided in article eleven of the environmental
conservation law, the dispatch of rabid or diseased animals, as provided
in article twenty-one of the public health law, or the dispatch of
animals posing a threat to human safety or other animals, where such
action is otherwise legally authorized, or any properly conducted
scientific tests, experiments, or investigations involving the use of
living animals, performed or conducted in laboratories or institutions
approved for such purposes by the commissioner of health pursuant to
section three hundred fifty-three of this article.
3. Aggravated cruelty to animals is a felony. A defendant convicted of
this offense shall be sentenced pursuant to paragraph (b) of subdivision
one of section 55.10 of the penal law provided, however, that any term
of imprisonment imposed for violation of this section shall be a
definite sentence, which may not exceed two years.
(Effective 1999.)
§ 355. Abandonment of Animals (2000)
A person being the owner or possessor, or having charge or custody of an
animal, who abandons such animal, or leaves it to die in a street, road
or public place, or who allows such animal, if it become disabled, to
lie in a public street, road or public place more than three hours after
he receives notice that it is left disabled, 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.
§ 351. Prohibition of Animal Fighting (2000)
1. For purposes of this section, the term "animal fighting" shall mean
any fight between cocks or other birds, or between dogs, bulls, bears or
any other animals, or between any such animal and a person or persons,
except in exhibitions of a kind commonly featured at rodeos.
2. Any person who engages in any of the following conduct is guilty of a
felony and is punishable by imprisonment for a period not to exceed four
years, or by a fine not to exceed twenty-five thousand dollars, or by
both such fine and imprisonment:
(a) For amusement or gain, causes any animal to engage in animal
fighting; or
(b) Trains any animal under circumstances evincing an intent that such
animal engage in animal fighting for amusement or gain; or
(c) Permits any act described in paragraph (a) or (b) of this
subdivision to occur on premises under his control; or
(d) Owns, possesses or keeps any animal trained to engage in animal
fighting on premises where an exhibition of animal fighting is being
conducted under circumstances evincing an intent that such animal engage
in animal fighting.
3. (a) Any person who engages in conduct specified in paragraph (b) of
this subdivision is guilty of a misdemeanor and is punishable by
imprisonment for a period not to exceed one year, or by a fine not to
exceed fifteen thousand dollars, or by both such fine and
imprisonment.
(b) The owning, possessing or keeping of any animal under circumstances
evincing an intent that such animal engage in animal fighting.
4. (a) Any person who engages in conduct specified in paragraph (b)
hereof is guilty of a misdemeanor and is punishable by imprisonment for
a period not to exceed one year, or by a fine not to exceed one thousand
dollars, or by both such fine and imprisonment.
(b) The knowing presence as a spectator having paid an admission fee or
having made a wager at any place where an exhibition of animal fighting
is being conducted.
(Effective 1984.)
Resource
Organizations
Animal Legal Defense Fund
127 Fourth Street
Petaluma, CA 94952
(707) 769-7771
www.aldf.org
American Society for the Prevention of Cruelty to Animals
424 East 92nd Street
New York, NY 10128-6804
(212) 876-7700
www.aspca.org
Association of the Bar of the City of New York
Committee on Legal Issues Pertaining to Animals
42 West 44th Street
New York, NY 10036
212-382-6600
www.abcny.org
Cornell Cooperative Extension
Cornell University
365 Roberts Hall
Ithaca, NY 14853-5905
www.cce.cornell.edu (For your
local county office)
New York Farm Bureau,
Inc.
Route 9W, P.O. Box 992
Glenmont, NY 12077-0992
(518) 436-8495
www.nyfb.org
Farm Sanctuary
P.O. Box 150
Watkins Glen, NY 14891
(607) 583-2225
info@farmsanctuary.org
Humane Society of New York
306 East 59th Street
New York, NY 10022
(212) 752-4842
www.humanesociety.org
Humane Society of the United States
2100 L Street, NW
Washington, DC 20037
(202) 452-1100
www.hsus.org
New York State Bar Association
Committee on Animals and the Law
One Elk Street
Albany, NY 12207
(518) 487-5536
www.nysba.org/animals
New York State Veterinary Medical Society
9 Highland Avenue
Albany, NY 12205-5417
(518) 437-0787
www.nysvms.org
Wildlife Conservation Society (Bronx Zoo, etc.)
Teacher Workshops
Ann Robinson
Bronx Zoo Education
2300 Southern Boulevard
Bronx, NY 10460
www.wcs.org
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