This document summarizes New York State laws related to animal cruelty and companion animals. It notes that Article 26 of the Agriculture and Markets Law covers this topic. Key points include:
- All cats are defined as domesticated companion animals under the law.
- Cruelty to animals can be a misdemeanor or felony depending on the severity of the act.
- Law enforcement and humane societies are authorized to investigate animal cruelty cases.
- Abandoning or failing to properly care for animals are illegal acts.
- Injured or abandoned animals can be seized under certain conditions.
- Cats found hunting protected birds may be destroyed by authorities.
- While dogs must be licensed, cats currently
Key Animal Laws in New York State Pertaining to Cats
1. Animal Law
New York State
Valerie Lang Waldin, J.D., M.L.S.
Vice President, Responsible Animal Care USA
2. Why bother?
1. We’re talking about both felony and misdemeanor
crimes.
2. Could lead to discovery of OTHER criminal activity
3. Concern for:
3. New York State’s animal cruelty
law is located in the Agriculture
and Markets Law, Article 26.
So let’s get some
definitions straight.
4. Section 350
Section 350 of the New York State Agriculture & Market
Law states: An animal is every living creature except a
human being.
5. Section 350-5: "Companion animal" or "pet" means ANY DOG or CAT, and shall also mean any other
domesticated animal normally maintained in or near the household of the owner or person who cares for such
other domesticated animal.
ALL cats are DOMESTICATED - COMPANION animals by LAW.
7. Who enforces Article 26?
NYS Agriculture and Markets Law (AGM)
Article 26
Section 371: “A constable or police officer MUST
and any agent of a duly incorporated humane
society MAY issue an appearance ticket, summon
or arrest … any person offending against any of
the provisions of Article 26.”
8. Section 350–2
“Torture or Cruelty”
Every ACT – Unjustifiable killing, beating,
burning, hanging, shooting, etc., OR
Omission, OR
Neglect
whereby unjustifiable physical pain,
suffering or death is caused or permitted.
9. Misdemeanor - Section 353
§ 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 wilfully 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 class A
misdemeanor.
1. Applies to ANY animal – whether wild or tame. Overloading can apply to
pit bulls carrying heavy weights for conditioning.
2. This is the section used most often.
14. Buster’s Law
Buster before Aggravated Cruelty
Felony
§ 353-a. Aggravated cruelty to
animals. 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.
16. Abandonment of Animals -
Section 355
Owner or possessor – abandons an animal
(from a dwelling or drops it out of a
vehicle into the street)
Or – leaves it to lie in the street for more
than 3 hours after being notified.
17. All cats are domesticated, companion animals by law.
Domestication means that they should be under the control of humans or this is
what the result might be:
20. Section 373 – Seizure of
Animals
EXIGENT circumstances
Or, if for more than 12 successive hours has
been kept in crowded or unhealthy conditions,
or –
Not properly cared for, or -
Without necessary sustenance, food or drink
Provided that a Search Warrant is issued
21. Humane destruction or disposition of animals lost,
strayed, homeless, abandoned, improperly confined or
kept
Section 374-5 - No person shall release any dog or cat from the custody
of any pound, shelter, SPCA, humane society, animal protection association,
dog control officer, peace officer or agent thereof, for any purpose except
adoption or redemption by its owner.
Any violation of this subdivision shall constitute a misdemeanor and shall be
punishable by imprisonment for not more than one year, or by a fine of not
more than one thousand dollars, or both.
Governor veto 2015
22. NYS Vehicle & Traffic Law, Section 601: Any person operating a motor vehicle
which shall strike any cattle, horse, dog or CAT shall stop and endeavor to locate the
owner or report it to a police or peace officer.
What if there is no owner?
23. Feeding stray cats attracts wildlife, and wildlife can become a
nuisance (NYS Dept. Environmental Conservation).
24. Environmental Conservation 11-0529
Cats hunting birds
1. Any person over the age of
twenty-one years possessing a
hunting license may, and
environmental conservation officers
and peace officers, acting pursuant to
their special duties, or police officers
shall humanely destroy cats at large
found hunting or killing any protected
wild bird or with a dead bird of any
protected species in its possession.
25. NY Agriculture and Markets Law, Article 7 - Dog Control
The owner of any dog
reaching the age of
four months shall
immediately make
application for a dog
license.
New York State to No
Longer Administer Dog
Licenses in 2011
26. Cats are domestic, companion animals.
Given our responsibility to manage cats to reduce threats to native
biodiversity, we must explore new management options and afford
cats the same legal protection as dogs, including licensing and
animal control.
For more info. view “The Case for Cat Licensing” 46 minute video.
