[Adopted 5-17-2011 by L.L. No. 2-2011]
This article shall be known as the "Animal Abuser Registry Law."
A.
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 Rockland County and throughout the state. Statistically,
individuals who abuse animals are more likely to commit violent acts
against humans. Furthermore, a strong correlation has been established
linking individuals who abuse animals with incidents of domestic violence.
B.
While a number of states in recent years have considered legislation
to establish statewide registries of individuals convicted of animal
abuse offenses, Suffolk County in New York is the nation's first
municipality to adopt a local law creating such a registry. This Legislature
finds that it is in the best interests of Rockland County residents
to establish a similar system. Therefore, the purpose of this article
is to establish an online registry for individuals residing in Rockland
County who are convicted of animal abuse crimes.
As used in this article, the following terms shall have the
meanings indicated:
The commission of the following enumerated crimes against
an animal: animal fighting, as defined in the New York State Agriculture
and Markets Law (hereinafter "A.M.L.") § 351; overdriving,
torturing and injuring animals; failure to provide proper sustenance,
as defined in A.M.L. § 353; aggravated cruelty to animals,
as defined in A.M.L. § 353-a; abandonment of animals, as
defined in A.M.L. § 355; failure to provide proper food
and drink to an impounded animal, as defined in A.M.L. § 356;
interference with or injury to certain domestic animals, as defined
in A.M.L. § 361; harming a service animal in the first degree,
as defined in New York State Penal Code § 242.15.
Any individual purchasing an animal from a pet dealer. A
pet dealer shall not be considered a consumer.
An adjudication of guilt by any court of competent jurisdiction,
whether upon a verdict or plea of guilty or nolo contendre.
Any person who engages in the sale or offering for sale of
more than nine animals per year for profit to the public. Such definition
shall include breeders who sell or offer to sell animals; provided
that a breeder who sells or offers to sell directly to the consumer
fewer than 25 animals per year that are born and raised on the breeder's
residential premises shall not be considered a pet dealer as a result
of selling or offering to sell such animals.
The Rockland County Sheriff, or his/her designee, is hereby
authorized, empowered and directed to establish an Animal Abuser Registry
that shall contain the names and residence information of individuals
living in Rockland County who are convicted of an animal abuse crime.
The Registry will be maintained by the Rockland County Sheriff's
Department.
A.
All persons 18 years of age or older who reside in Rockland County
and who are convicted of an animal abuse crime on or after the effective
date of this article must register with the Rockland County Animal
Abuser Registry within five days following the effective date of this
article or their release from incarceration or, if not incarcerated,
from the date of the rendering of judgment.
B.
The prosecuting agency shall notify all persons upon conviction of
an animal abuse crime that they must register with the Rockland County
Animal Abuser Registry within five days following their release from
incarceration or, if not incarcerated, from the date of the rendering
of judgment.
C.
When a person is convicted of an animal abuse crime, the prosecuting
agency shall forward to the Sheriff's Department 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 Sheriff's
Department that the person is required to register with the Animal
Abuser Registry.
E.
Each person registered with the Animal Abuser Registry shall update
his/her registration information each time he/she moves from one residential
address to another or, if his/her residential address does not change,
annually from the date of his/her first registration.
F.
Each person required to register with the Animal Abuser Registry
shall remain on the Registry for four years following his/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 four years following their
most recent conviction.
G.
Before selling or offering to sell an animal to a consumer, every
pet dealer, duly incorporated society for the prevention of cruelty
to animals, humane society, pound, animal shelter, or any authorized
agents thereof must check the Animal Abuser Registry to see if the
prospective consumer is a registered animal abuser.
H.
No pet dealer, duly incorporated society for the prevention of cruelty
to animals, humane society, pound, animal shelter, or any authorized
agents thereof shall knowingly sell or offer to sell an animal to
a consumer who is a registered animal abuser.
Every person required to register with the Animal Abuser Registry
must pay an annual fee of $50 to the Rockland County Sheriff's
Department. These funds will be used to pay the administrative costs
of maintaining the Registry.
The Rockland County Sheriff, or his/her designee, is hereby
authorized and empowered to promulgate such rules and regulations
necessary to implement this article.
A.
Any person required to register, or update his/her registration,
with the Animal Abuser Registry who fails to do so shall be guilty
of a Class A misdemeanor.
B.
Any pet dealer, duly incorporated society for the prevention of cruelty
to animals, humane society, pound, animal shelter, or any authorized
agents thereof who knowingly sells or offers to sell an animal to
a consumer who is a registered animal abuser shall be guilty of a
Class A misdemeanor.
C.
Any pet dealer, duly incorporated society for the prevention of cruelty
to animals, humane society, pound, animal shelter, or any authorized
agents thereof who fails to check the Animal Abuser Registry to see
if the prospective consumer is a registered animal abuser and thereafter
sells or offers to sell an animal to a consumer who is a registered
animal abuser shall be guilty of a violation.
D.
Any pet dealer, duly incorporated society for the prevention of cruelty
to animals, humane society, pound, animal shelter, or any authorized
agents thereof who, a second time within two years, fails to check
the Animal Abuser Registry to see if the prospective consumer is a
registered animal abuser and thereafter sells or offers to sell an
animal to a consumer who is a registered animal abuser shall be guilty
of a Class A misdemeanor.
This article shall apply to all persons convicted of animal
abuse crimes on or after the effective date of this article.
