Suffolk County, NY
 
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Table of Contents
Table of Contents
[Adopted 10-12-2010 by L.L. No. 55-2010 (Ch. 207, Art. IV, of the 1985 Code)]
This Legislature hereby finds and determines that animal cruelty is a serious problem, resulting in the abuse of thousands of animals each year in the United States. This Legislature also finds and determines that while New York State has criminalized the cruel treatment of animals, animal abuse continues to occur in Suffolk County and throughout the state. This Legislature finds that statistically, individuals who abuse animals are more likely to commit violent acts against humans. This Legislature also determines that a strong correlation has been established linking individuals who abuse animals with incidents of domestic violence. This Legislature also finds that legislation is currently pending before the State Legislatures of California and Tennessee to establish statewide registries of individuals convicted of animal abuse offenses. This Legislature further finds that it is in the best interests of Suffolk County residents to establish a similar system. Therefore, the purpose of this article is to establish an online registry for individuals residing in Suffolk County who are convicted of animal abuse crimes.
As used in this article, the following terms shall have the meanings indicated:
ANIMAL ABUSE CRIME
The commission of the following enumerated crimes against an animal: animal fighting, as defined in the New York State Agriculture and Markets Law (hereinafter "AML") § 351; overdriving, torturing and injuring animals; failure to provide proper sustenance, as defined in AML § 353; aggravated cruelty to animals, as defined in AML § 353-a; electrocution of fur-bearing animals, as defined in AML § 353-c; abandonment of animals, as defined in AML § 355; failure to provide proper food and drink to an impounded animal, as defined in AML § 356; carrying animals in a cruel manner, as defined in AML 359; poisoning or attempting to poison animals, as defined in AML § 360; interference with or injury to certain domestic animals, as defined in AML § 361; throwing substance injurious to animals in a public place, as defined in AML § 362; running horses on a highway, as defined in AML § 364; clipping or cutting the ears of dogs, as defined in AML § 365; companion animal stealing, as defined in AML § 366; removing, seizing or transporting dogs for research purposes, as defined in AML § 366-a; operating upon tails of horses, as defined in AML § 368; sexual misconduct with an animal, as defined in New York State Penal Code § 130.20; harming a service animal in the first degree, as defined in the New York State Penal Code § 242.15; a third or subsequent offense under Chapter 299, Article VII of the Suffolk County Code.
[Amended 3-20-2018 by L.L. No. 12-2018]
CONVICTED OF
An adjudication of guilt by any court of competent jurisdiction, whether upon a verdict or plea of guilty or nolo contendere.
[Amended 12-3-2013 by L.L. No. 4-2014; 3-20-2018 by L.L. No. 12-2018]
A registry is hereby created which shall contain the names and residence information of individuals living in Suffolk County who are convicted of an animal abuse crime. The registry shall be established and maintained by the Suffolk County Police Department.
[Amended 12-6-2011 by L.L. No. 3-2012; 12-3-2013 by L.L. No. 4-2014]
A. 
All persons 18 years of age or older who reside in Suffolk County and are convicted of an animal abuse crime on or after the effective date of this article must register with the Suffolk County Animal Abuse Registry at a Suffolk County Police Department precinct within five days following the effective date of this article or their release from incarceration or, if not incarcerated, from the date of conviction.
B. 
All persons 18 years of age or older who reside in Suffolk County and are convicted of an animal abuse crime shall be notified at sentencing by the Office of the Suffolk County District Attorney of the requirement to register pursuant to Subsection A.
C. 
Each person required to register with the Animal Abuse Registry shall submit:
(1) 
His or her name;
(2) 
Any aliases he or she is known under;
(3) 
His or her residential address; and
(4) 
A photograph of his or her head and shoulders from the front.
D. 
Each person registered with the Animal Abuse Registry shall update his or her registration information each time he or she moves from one residential address to another or, if his or her residential address does not change, annually from the date of his or her first registration. Registrants who move shall update their registration information in person at any Suffolk County Police Department precinct within 15 days of their change of address.
[Amended 3-20-2018 by L.L. No. 12-2018]
E. 
Each person required to register with Suffolk County shall remain on the Animal Abuse Registry for 10 years following his or her release from incarceration or the date judgment was rendered, whichever is later. Registered persons who are convicted of subsequent animal abuse crimes shall remain on the registry for 20 years following their most recent conviction.
[Amended 3-20-2018 by L.L. No. 12-2018]
F. 
Persons registered with the Animal Abuse Registry shall be prohibited from possessing an animal while they remain on the registry.
[Added 3-20-2018 by L.L. No. 12-2018]
Every person required to register with the Animal Abuse Registry must pay an annual fee of $50 to the Suffolk County Police Department. These funds will be used to pay the administrative costs of maintaining the registry.
[Amended 3-20-2018 by L.L. No. 12-2018]
A. 
The Commissioner of the Suffolk County Police Department is hereby authorized and empowered to promulgate such rules and regulations as are necessary to implement this article.
B. 
The Suffolk County District Attorney shall report the names of all individuals who are convicted or plead guilty to an animal abuse crime, along with the date of the conviction or plea, to the Suffolk County Police Department within 30 days of receiving the conviction or adjudicating the plea.
C. 
The Suffolk County Police Department shall ensure that all information on persons who are registered or should be registered on the Animal Abuse Registry is posted on the registry website within 30 days of receipt of information.
[Amended 3-20-2018 by L.L. No. 12-2018]
A. 
Any person required to register with the Animal Abuse Registry who fails to do so shall be charged with a Class A misdemeanor and shall be subject to a penalty authorized for that class of crime.
B. 
Any person who is required to register with the Animal Abuse Registry and who fails to do so shall have his or her name listed on the registry website by the Suffolk County Police Department with a notation that the individual has failed to register until such time as the registration is completed.
This article shall apply to all persons convicted of animal abuse crimes on or after the effective date of this article.
This article shall take effect on the 180th day immediately subsequent to filing in the Office of the Secretary of State.