“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”
— Mahatma Gandhi
For new and pending legislation pertaining to animals please check Stand Up For Animals
**From a pamphlet by the New York State Bar Association Special Committee on Animals and the Law which is intended as a basic introduction to animal law and animal related issues in New York State (for more details on each law notice the referrals to websites):
Dog Licensing
Agriculture and Markets Law, Article 7 (NYS, excluding NYC)
Dogs four months of age or older must be licensed. License applications must be accompanied by the license fee and a certificate of rabies vaccination. In the case of spayed/neutered dogs, the application must be accompanied by a certificate signed by a veterinarian or an affidavit signed by the owner showing that the dog has been spayed or neutered and is eligible for a lower fee. The license tag shall be worn by the dog at all times.
Leash Law
There is no statewide leash law but almost all municipalities have adopted their own leash laws. Generally, leash laws require that dogs be maintained on leash when off the owner’s property. Note: Please see your local municipality’s leash law. If there is no leash law and a dog off leash is reported as a nuisance to the dog control officer that dog will be picked up and must be claimed at the dog control shelter within several days.
Spay/Neuter Laws
Section 377-a, Agriculture and Markets Law
This law provides that animal shelters, dog control officers, and humane organizations may not release a dog or cat for adoption unless:
1. The dog or cat has been spayed or neutered; or
2. The adopter of the dog or cat signs a written agreement to have the dog or cat spayed or neutered within 30 days of adoption or 30 days from the date the animal reaches six months of age. The adopter must also place a deposit with the adoption entity; or
3. The adopter signs an agreement to have the dog or cat spayed or neutered within 30 days of adoption or 30 days from the date the animal reaches six months of age and the adopter pays an adoption fee which includes the cost of the spay or neuter procedure.
The deposits made under Section 2 may be refunded upon proof of spaying/neutering.
Purchasing a Dog or Cat
Please see General Business Law, Article 35 D for protections for consumers who purchase sick dogs or cats from pet dealers, including pet stores and breeders who sell more than nine dogs or cats per year to the public. This law does not apply to animals adopted from duly incorporated humane societies whether or not a fee for such adoption is charged.
New York Laws Providing Penalties for Animal Cruelty/Abandonment/Neglect
Agriculture and Markets Law § 350
Please see New York State Consolidated Laws for the above section in its entirety by visiting the website: http://public.leginfo.state.ny.us/
Agriculture and Markets Law § 353-b
Appropriate Shelter for Dogs Left Outdoors
Section 353-b of the Agriculture and Markets Law requires that any person who owns or has custody or control of a dog that is left outdoors provide them with appropriate shelter. Violations can trigger a series of escalating fines, which the court can reduce by an amount the owner or custodian proves he or she has spent to correct the deficiencies in the dog’s shelter. Note: Please see New York State Consolidated Laws for the above section in its entirety by visiting the website: http://public.leginfo.state.ny.us/
Agriculture and Markets Law § 353.
Overdriving, Torturing and Injuring 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 anyway furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a misdemeanor.
Agriculture and Markets Law § 353 applies to ALL animals and thus farm animals and wildlife are covered under this statute as well. Note: Please see New York State Consolidated Laws for the above section in its entirety by visiting the website: http://public.leginfo.state.ny.us
Agriculture and Markets Law § 353-a
Aggravated Cruelty to Animals
Popularly known as “Buster’s Law,” Agriculture and Markets Law § 353-a provides that 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. Aggravated cruelty to animals is a felony. Note: Please see New York State Consolidated Laws for the above section in its entirety by visiting the website: http://public.leginfo.state.ny.us/
Abandonment of Animals
Under Agriculture & Markets Law § 355, an owner or person 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. In addition, under Agriculture & Markets Law § 331, an animal is deemed to be abandoned when it is placed in the custody of a veterinarian, veterinary hospital, boarding kennel owner or operator, stable owner or operator, or any other person for treatment, board, or care and is not removed at the end of the specified period for care or boarding. Note: Please see New York State Consolidated Laws for the above sections in their entirety by visiting the website: http://public.leginfo.state.ny.us/
Important Federal Law “Animal Welfare Act” as Amended (7 USC, 2131-2156)
The Animal Welfare Act is administered by the United States Department of Agriculture and regulates the purchase, sale, housing, care, handling, and treatment of animals by carriers or by persons or organizations engaged in using them for research, exhibition, or holding them for sale as pets or for any such purpose or use. The act also establishes minimum standards for animal care including, but not limited to, handling, housing, feeding, watering, sanitation, ventilation, shelter from extremes of weather and temperatures, adequate veterinary care, and separation by species where the Secretary finds it necessary for humane handling, exercise for dogs, and for a physical environment adequate to promote the psychological well-being of primates. Note: Please see the Animal Welfare Act in its entirety by visiting the United States Department of Agriculture website: http://www.nal.usda.gov/awic/legislat/usda-leg1.htm
Reporting Animal Cruelty
To report animal cruelty, please contact your local county Society for the Prevention of Cruelty to Animals (”SPCA”) or other humane enforcement agency or contact your local police department. The agency you call must have police powers to investigate, file a report, and arrest. Usually, each county has one agency that possesses these powers in addition to the police. In Cayuga County that agency is the Finger Lakes SPCA. Remember to give your local humane officers as much information as possible including names, addresses, witnesses, dates, times and pictures, if possible.
New York State Agriculture and Markets Law § 121
Dangerous Dogs
Any person who witnesses an attack or threatened attack upon a person or a companion animal, farm or domestic animal may complain to a dog control officer or police officer, who shall immediately tell the complaining person of his right to start a legal action. If there is reason to believe the dog is a dangerous dog, the officer shall immediately begin an action himself. A judge will decide whether there is probable cause to believe the dog is dangerous. A hear- ing must be held within 5 days, with at least 2 days prior written notice to the dog’s owner. At the judicial hearing, the person who brings the complaint must prove, by clear and convincing evidence, that the dog is a “dangerous dog.” A dog shall not be declared dangerous if its conduct was justified because the person who was injured, threatened or killed was then or had previously tormented, abused, assaulted or physically threatened the dog or its offspring. A dog shall not be declared dangerous if the conduct of the dog was justified because the dog was responding to pain or injury, or was protecting itself, its people, its kennels or its offspring; or was justified because the companion animal, farm animal or domestic animal that was injured, threatened or killed was attacking or threatening to attack the dog or its offspring. Note: Always remember to check your local municipal laws or codes as your county or city may have its own laws or codes regarding Dangerous Dogs.
Feral Cats
Unlike dogs, which are regulated by the government with licensing requirements, New York animal care and control and municipal animal shelters, are not required by law to take in cats whether they be domestic or otherwise. Domesticated cats are regulated under New York State Agriculture and Markets Law, Articles 25 & 26 regardless of whether they have been abandoned or born “feral”. Public Health Law § 2140, See Definitions Section (13). “Feral animal” shall mean any cat, dog or ferret that is born in the wild and is not socialized; is the offspring of an owned or feral cat, dog or ferret and is not socialized; or is a formerly owned cat, dog or ferret that has been abandoned and is no longer socialized. Environmental Conservation Law § 11-0103. See Definitions section (5)(e). Note: Always remember to check your local municipal codes as your municipality may have its own laws or codes regarding feral cats.
