New York Agriculture and Markets Code § 373

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

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