Local Law No 7 of 2016 TO AMEND THE PUTNAM COUNTY CODE BY ADDING A NEW CHAPTER 115 ENTITLED “ANIMAL PROTECTION”

Local Law #7 of 2016
(Passed at December 6, 2016 Full Meeting)
A LOCAL LAW AMENDING THE PUTNAM COUNTY CODE BY ADDING A NEW CHAPTER
115 ENTITLED “ANIMAL PROTECTION”
Be it enacted by the Legislature of the County of Putnam as follows:
Section 1.
A New Chapter 115 of the Putnam County Code entitled “Animal Protection” is
hereby added to read as follows:
ARTICLE I
Animal Cruelty Registry Law
§115-1. Legislative Intent
Animal cruelty is a serious problem, resulting in the abuse of thousands of animals each
year in the United States. While New York State has criminalized the cruel treatment of
animals, animal abuse continues to occur in Putnam County and throughout New York
State. Studies show that people who have abused animals in the past are likely to do so
in the future and that there is a near 100% recidivism rate for certain types of abuse such
as animal hoarding. Furthermore, individuals who abuse animals are statistically more
likely to commit violent acts against humans and a strong correlation has been
established linking individuals who abuse animals with incidents of domestic violence.
The Putnam County Legislature finds that it is in the best interest of Putnam County
residents to establish an online registry identifying individuals residing in Putnam
County that have been convicted of an animal abuse crime and prevent these individuals
convicted of animal cruelty from adopting, purchasing, or otherwise obtaining animals
from any animal shelter, pet seller, or other person or entity involved in the exchange of
animals by adoption, sale, or other means. Therefore, the purpose of this law is to
establish an online registry of individuals residing in Putnam County who are convicted
of animal abuse crimes.
§115-2. Definitions
A. “Animal Abuse Crime” shall mean the commission of the following
enumerated crimes against an animal:
(1) Animal Fighting, as defined in the New York State Agriculture and
Markets Law (hereinafter “A.M.L.”) §351;
(2) Overdriving, Torturing and Injuring Animals; Failure to Provide
Proper Sustenance, as defined in A.M.L. §353;
(3) Aggravated Cruelty to Animals, as defined in A.M.L. §353-a;
(4) Abandonment of Animals, as defined in A.M.L. § 355;
(5) Failure to provide proper food and drink to Impounded Animals, as
defined in A.M.L. §356;
(6) Carrying animal in a cruel manner, as defined in A.M.L. §359;
(7) Poisoning or Attempting to Poison Animals, as defined in A.M.L.
§360;
(8) Interference with or Injury to certain Domestic Animals, as defined in
A.M.L. §361;
(9) Throwing substances injurious to animals in public place, as
defined in A.M.L. §362;
(10) Clipping or cutting the ears of dogs, as defined in A.M.L. §365;
(11) Companion Animal Stealing, as defined in A.M.L §366;
(12) Removing, seizing or transporting dogs for research purposes, as
defined in A.M.L. §366-a;
(13) Harming a Service Animal in the second degree, as defined in New
York State Penal Code §242.10;
(14) Harming a Service Animal in the first degree, as defined in New York
State Penal Code §242.15;
(16) Sexual Misconduct with an Animal, as defined in New York State
Penal Code §130.20(3);
(17) Harming an Animal trained to aid a person with a disability in the
first degree, as defined in New York Penal Code §195.12.
B. “Animal” shall mean any living mammal (except a Human Being), bird,
reptile, amphibian, or fish.
C. “Animal Abuse Offender” shall mean any person eighteen (18) years of
age, or older, convicted of an Animal Abuse Crime, except youthful
offenders whose convictions or adjudications include sealed records.
D. “Convicted Of” shall mean an adjudication of guilt by any court of
competent jurisdiction, whether upon a verdict or plea of guilty.
E. “Pet Seller” shall mean any individual person, partnership, firm,
corporation or other entity which offers animals for sale or is engaged in
the sale, exchange, or other transfer of ownership of animals.
F. “Pet Dealer” shall mean any individual person, partnership, firm,
corporation or other entity who or which sells or offers to sell more than
nine animals per year for profit to the public. Such definition shall include
pet stores, as defined in this Article and breeders who sell or offer to sell
directly to the consumer animals born and raised on the breeder’s
residential premises.
G. “Animal Shelter” shall mean any public, privately owned, or not for profit
organization including, but not limited to, any duly incorporated humane
society, pound, animal protective association or animal rescue group
which maintains buildings, structures, or other property for the purpose of
harboring animals which may be stray, unwanted, lost, abandoned, or
abused and seeks to find appropriate temporary or permanent homes for
such animals.
H. “Pet Store” shall mean any facility of an individual, firm, partnership,
corporation, company or entity who or which offers animals for sale as part
of a business.
I. “Residence” shall mean the local where a person maintains a fixed,
permanent and principal home and to which he/she, wherever temporarily
located, always intends to return.
§115-3. Creation of Animal Cruelty Registry
An online registry shall be established containing the name, residence information, and a
head photo, including shoulders, of any individual residing in Putnam County who has
been convicted of any animal abuse crime, as defined in this Article. The Putnam County
Sheriff is hereby authorized, empowered and directed to collaborate with the Putnam
County Society for the Prevention of Cruelty to Animals, Inc. (PCSPCA) to establish and
maintain an Animal Cruelty Registry (the “Registry) for such individuals in Putnam
County. The Registry shall also contain links to other county Animal Abuse Registries
that are available, or as they become available in the future, in the State of New York,
with such other county registries to be used as informational resources by Animal
Shelters, Pet Sellers, Pet Dealers, or other persons or entities located in Putnam County
when they shall sell, exchange or otherwise transfer the ownership of any animal. The
PCSPCA shall receive all fees associated with the registration as the cost of maintenance
and administration of the Registry. The Registry shall be publicly available on the
PCSPCA website.
The Registry shall contain the required information about each Animal Abuse Offender
for a period of ten (10) years following his or her release from incarceration; or if not
incarcerated, from the date of entry judgment. Persons who are convicted of subsequent
animal abuse crimes shall remain on the Registry for ten (10) years following their most
recent conviction. Upon notification to the Putnam County Sheriff’s Office of a
successful appeal of a conviction of an animal abuse crime by any individual who had
been required to register pursuant to this local law, the information for that individual
shall be removed from the Registry within five (5) days following said notification.
§115-4. Registry Requirements
A. All Animal Abuse Offenders who reside in Putnam County and who are
convicted of animal abuse crime on or after the effective date of this law
must register with the Registry at the PCSPCA, within the later of ten (10)
days of their release from incarceration or if not incarcerated, from the date
of entry of judgment.
B. When a person is convicted of an animal abuse crime in Putnam County,
the prosecuting agency shall endeavor to forward to the PCSPCA, the
name and address of the convicted person along with the name of the
animal abuse crime the person was convicted of, thereby notifying the
PCSPCA that the person is required to enroll in the Registry.
C. Each person required to enroll in the Registry shall submit to the PCSPCA:
(1) Their name and any aliases they are known by;
(2) Their residential address; and
(3) A photograph of their head and shoulders taken from the
front not less than 2” x 3” or a digital image commonly known
as a digital photograph of the front of their head and
shoulders.
D. Each person required to enroll in the Registry shall update their
registration information annually in January and within five (5) days of any
change of residential address and/or upon any official change of name.
E. Every person required to enroll in the Registry must pay a fee of fifty ($50)
dollars to the PCSPCA upon initial registration and every January
thereafter at the time of their registration update. These funds will be used
to pay the administrative and maintenance costs of maintaining the
Registry. The PCSPCA may waive part or the entire registration fee where,
because of the indigence of the person, the payment of such fee would
work an unreasonable hardship on such offender, his or her immediate
family, or any other person who is dependent on such person for financial
support.
F. Each Person convicted of an animal abuse crime in another New York
County who moves into Putnam County must enroll in the Registry within
ten (10) days of establishing residence in Putnam County.
G. Each person required to enroll in the Registry is prohibited from
possessing, adopting, owning, purchasing or exercising control over any
animal at any time while the person is required to be listed on the Registry.
H. The Putnam County Sheriff, or his/her designee, is hereby authorized and
empowered to promulgate such rules and regulations necessary to
implement this law.
§115-5. Prohibition from Transferring Animal Ownership to Animal Abuse
Offenders
A. No Pet Seller, Pet Dealer, Pet Store, Animal Shelter, other person or entity
located in Putnam County, or any other authorized agents thereof, shall
knowingly sell, exchange or otherwise transfer the ownership of any animal
to any person listed on the Registry.
B. Prior to the sale, adoption, exchange, or other transfer of ownership of any
animal within Putnam County, the Pet Seller, Pet Dealer, Pet Store, Animal
Shelter, other person or entity located in Putnam County, or any other
authorized agents thereof, is required to examine the Registry to confirm
that the name of the potential owner of the animal is not listed thereon.
§115-6. Penalties
A. Any Animal Abuse Offender who fails to enroll in the Registry shall be
guilty of a violation punishable by:
(1) A fine of not less than two hundred and fifty dollars ($250) and not
more than one thousand dollars ($1,000); or
(2) Imprisonment for not more than fifteen (15) days; or
(3) both.
B. Any Animal Abuse Offender required to enroll, or to update his/her
enrollment, with the Registry and who, for a second time within any two (2)
year period, fails to do so shall be guilty of a class “A” misdemeanor.
C. Any Animal Abuse Offender who violates the prohibition against
possessing, adopting, owning, purchasing, or exercising control over any
animal at any time while the person is required to be listed on the Registry
shall be guilty of a violation punishable by:
(1) A fine of not less than two hundred and fifty dollars ($250) but not
more than one thousand dollars ($1,000); or
(2) Imprisonment for not more than fifteen (15) days; or
(3) both.
D. Any Animal Abuse Offender required to enroll in the Registry and who, for
a second time within any two (2) year period, possesses, adopts, owns,
purchases, or exercises control over any animal at any time while the
person is required to be listed on the Registry shall be guilty of a class “A”
misdemeanor.
E. Any Pet Seller, Pet Dealer, Pet Store, Animal Shelter or other individual or
entity located in Putnam County, or any authorized agents thereof, who
violate Section 95-14 of this Local Law, shall be guilty of a violation and
subject to a maximum fine of two hundred and fifty dollars ($250). It shall
not be a violation of this law if the Pet Seller, Pet Dealer, Pet Store, Animal
Shelter or other individual, entity or any authorized agents thereof, checked
with the Registry and the name did not appear thereon.
F. Any Pet Seller, Pet Dealer, Pet Store, Animal Shelter, or other individual or
entity located in Putnam County, or any authorized agents thereof, who a
second time within two (2) years violates Section 95-14 of this Local Law
shall be guilty of a class “A” misdemeanor.
G. Any person who knowingly purchases or adopts an animal on behalf of an
individual who is required to register with the Registry shall be guilty of a
violation punishable by a fine of not less than two hundred and fifty
thousand dollars ($250) but not more than one thousand dollars ($1,000), or
imprisonment for not more than fifteen (15) days, or both.
§115.7. Applicability
This law shall apply to all persons convicted of animal abuse crimes as defined by
Section 95-11 of Article III, on or after the effective date of this law.
§115.8. Enforcement
This law shall be enforced by the Putnam County Sheriff Department, local law
enforcement officers and officers of the PCSPCA.
§115.9. Severability
If any clause, sentence, paragraph, subdivision, section, or part of this law or the
application thereof to any person, individual, corporation, firm, partnership, entity or
circumstance shall be adjudged by any court of competent jurisdiction to be invalid or
unconstitutional, such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section, or part of this law, or in its application to the person,
individual, corporation, firm, partnership, entity, or circumstance directly involved in the
controversy in which such order or judgment shall be rendered.
Section 2. Effective Date
This law shall take effect immediately upon filing with the New York Secretary of State