[Adopted 8-8-1983 by L.L. No. 4-1983]
It shall be unlawful for any person to willfully
or maliciously torture, torment, beat, kick, strike, mutilate, injure,
disable or kill any dog used by the Sullivan County Sheriff's Department,
County of Sullivan, New York, in the performance of functions or duties
of such Department, or to interfere with or meddle with any such dog
while being used by said Department, or any member thereof, in the
performance of any of the functions or duties of said Department,
or of such deputy or member.
Any person who shall violate the provisions
of this article shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punishable by a fine not exceeding $1,000 or by
imprisonment for a term not exceeding six months, or by both such
fine and imprisonment.
This article shall be enforced by the Sullivan
County District Attorney.
[8-18-2016 by L.L. No.
2-2016]
As used in this article, the following terms shall have the
meanings indicated:
ANIMAL ABUSE CRIME
Any of the following crimes:
A.
A violation of any of the following provisions of the New York
State Agriculture Markets Law ("AML") Article 26:
Section 351 - Prohibition of animal fighting
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Section 353 - Overdriving, torturing and injuring animals; failure
to provide proper sustenance
|
Section 353-a - Aggravated cruelty to animals
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Section 355 - Abandonment of animals
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Section 356 - Failure to provide proper food and drink to impounded
animal
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Section 359 - Carrying animal in a cruel manner
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Section 360 - Poisoning or attempting to poison animals
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Section 361 - Interference with or injury to certain domestic
animals
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Section 362 - Throwing substance injurious to animals in public
place
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Section 365 - Clipping or cutting the ears of dogs
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Section 366 - Companion animal stealing
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Section 366-a - Removing, seizing or transporting dogs for research
purposes
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B.
Sexual misconduct with an animal in violation of New York State
Penal Law ("PL") § 130.20(3).
C.
Harming a service animal in violation of PL § 242.10
and § 242.15.
D.
Killing or injuring a police animal in violation of PL § 195.06.
E.
Harming an animal trained to aid a person with a disability
in violation of PL § 195.12.
F.
Any conviction based upon a reduced charge when the original offense was a charge listed in Subsections
A through
E above.
ANIMAL ABUSE OFFENDER
Any person 18 years of age, or older, convicted of an animal
abuse crime, except youthful offenders whose convictions or adjudications
include sealed records.
ANIMAL ABUSER REGISTRY
The online registry established by this article for registering
any person residing in Sullivan County convicted of an animal abuse
crime.
ANIMAL SHELTER
Any public or privately owned 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.
COMPANION ANIMAL or PET
Any dog or cat or any other domesticated animal normally
maintained in or near the household of the owner or person who cares
for such domesticated animal. It shall not include a farm animal.
CONVICTION
An adjudication of guilt by any court of competent jurisdiction
whether upon verdict after trial, plea of guilty, or nolo contendere
plea.
FARM ANIMAL
Any ungulate (a hoofed mammal), poultry, species of cattle,
sheep, swine, goats, llamas, horses or fur-bearing animals (as defined
in the Environmental Conservation Law § 11-1907), which
are raised for commercial or subsistence purposes. Fur-bearing animals
shall not include dogs or cats.
PET DEALER
Any person or entity that engages in the sale or offers to
sell more than nine dogs and/or cats per year to the public; or if
the dogs and/or cats being sold or offered to be sold were born and
raised on the premises of the person or entity who bred the dogs and/or
cats that person or entity is considered a pet dealer if he/she/it
engages in the sale or offers to sell 25 or more dogs and/or cats
per year to the public. An animal shelter shall not be considered
a pet dealer.
SERVICE ANIMAL
Any animal that has been partnered with a person who has
a disability (as defined in Executive Law § 292(21)) and
has been trained or is being trained, by a qualified person, to aid
or guide a person with a disability.
No person who is registered or required to register pursuant to §
85-6 of this article shall own, possess, reside with, have custody of, or intentionally engage in any physical contact with any companion animal or pet.