[HISTORY: Adopted by the Board of Supervisors
(now County Legislature) of the County of Sullivan as indicated in
article histories. Amendments noted where applicable.]
[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:
Any of the following crimes:
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
|
|
Section 353 - Overdriving, torturing and injuring animals; failure
to provide proper sustenance
|
|
Section 353-a - Aggravated cruelty to animals
|
|
Section 355 - Abandonment of animals
|
|
Section 356 - Failure to provide proper food and drink to impounded
animal
|
|
Section 359 - Carrying animal in a cruel manner
|
|
Section 360 - Poisoning or attempting to poison animals
|
|
Section 361 - Interference with or injury to certain domestic
animals
|
|
Section 362 - Throwing substance injurious to animals in public
place
|
|
Section 365 - Clipping or cutting the ears of dogs
|
|
Section 366 - Companion animal stealing
|
|
Section 366-a - Removing, seizing or transporting dogs for research
purposes
|
Sexual misconduct with an animal in violation of New York State
Penal Law ("PL") § 130.20(3).
Harming a service animal in violation of PL § 242.10
and § 242.15.
Killing or injuring a police animal in violation of PL § 195.06.
Harming an animal trained to aid a person with a disability
in violation of PL § 195.12.
Any person 18 years of age, or older, convicted of an animal
abuse crime, except youthful offenders whose convictions or adjudications
include sealed records.
The online registry established by this article for registering
any person residing in Sullivan County convicted of an animal abuse
crime.
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.
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.
An adjudication of guilt by any court of competent jurisdiction
whether upon verdict after trial, plea of guilty, or nolo contendere
plea.
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.
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.
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.
A.
The Sullivan County Sheriff, or his/her designee, is hereby authorized,
empowered and directed to establish an online Animal Abuser Registry
that shall contain the names and residence information of all available
animal abuse offenders living in Sullivan County who are convicted
of an animal abuse crime on or after the effective date of this law.
The online registry will be maintained by the Sullivan County Sheriff's
Office and shall be listed on the Sullivan County website within a
Sullivan County Sheriff's Office web page. The online Animal
Abuser Registry shall also contain links to other county animal abuser
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 or pet dealers
located in Sullivan County when they shall sell, exchange or otherwise
transfer the ownership of any companion animal or pet.
B.
The registry shall contain the required information about each animal
abuse offender for a period of seven years following his or her release
from incarceration, or if not incarcerated, from the date of the judgment
of conviction. Any currently or previously registered animal abuse
offender convicted of a subsequent animal abuse crime shall be placed
on the animal abuser registry for life following the second conviction.
Upon notification to the Sullivan County Sheriff's Office of
a successful appeal of a conviction of an animal abuse crime by an
individual that has been required to register pursuant to this article,
the registration information for that individual shall be removed
from the Sullivan County Animal Abuser Registry within five days following
the notification.
A.
All animal abuse offenders who reside in Sullivan County and who
are convicted of an animal abuse crime on or after the effective date
of this article must register with the Sullivan County Animal Abuser
Registry within five days of their release from incarceration or,
if not incarcerated, from the date of the rendering of judgment. The
registration requirements of this section shall be applicable for
seven years following the animal abuse offender's release from
incarceration or the date sentencing was rendered, whichever is later,
and any animal abuse offender who is convicted of a subsequent animal
abuse crime the registration requirements of this section shall apply
for life following a second conviction.
B.
When a person is convicted of an animal abuse crime, the prosecuting
agency shall forward to the Sheriff's Office 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
Office that the person is required to register with the Animal Abuser
Registry.
C.
Each person required to register with the Animal Abuser Registry
shall submit to the Sullivan County Sheriff's Office:
(1)
Their name and any aliases they may be known by;
(2)
Their residence address;
(3)
Their date of birth; and
(4)
A photograph of the front of their head and shoulders not less than
two inches by three inches or a digital image commonly known as a
digital photograph of the front of their head and shoulders.
D.
Within 20 days of the anniversary date of the date an individual originally registered with the Animal Abuse Registry, said individual must personally appear at the Sullivan County Sheriff's Office. The individual must confirm the accuracy or change the information provided pursuant to Subsections C(1), C(2) and C(3) above and must provide a new photograph in compliance with Subsection C(4) above. The individual must comply with this section every year the individual remains on the Animal Abuser Registry.
E.
Every person required to register with the Animal Abuser Registry
shall update their registry information within five days of any change
of residential address and/or upon any official change of name.
F.
Every person required to register with the Animal Abuser Registry
shall pay a one-time fee of $125 to the Sullivan County Sheriff's
Office at the time of registration. All such fees shall be used to
help pay the administrative and maintenance costs of maintaining the
registry. In the event that a person is financially incapable of paying
the registration fee, said individual can make an application to the
Sullivan County Sheriff to waive the fee. The Sullivan County Sheriff
will investigate the application and shall have the sole discretion
to grant or deny the application.
G.
The Sullivan County Sheriff is hereby authorized and empowered to
promulgate such rules and regulations as may be necessary to implement
the Animal Abuser Registry.
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.
A.
No animal shelter or pet dealer located in Sullivan County shall
sell exchange or otherwise transfer the ownership of any companion
animal or pet to any person having a residence in Sullivan County
and listed as an animal abuse offender on the Animal Abuser Registry.
Prior to the sale, exchange, or other transfer of ownership of any
companion animal or pet, the animal shelter or pet dealer is required
to examine the Animal Abuser Registry to confirm that the name of
the potential owner of the companion animal or pet is not listed.
In the event an entity or individual subject to this section cannot
access the Animal Abuser Registry, they can call the Sullivan County
Sheriff's Office at (845) 794-7100 to confirm whether or not
the name of a potential owner appears on the Animal Abuser Registry.
B.
This section shall not apply to farm animals for farmers or to service
animals for people with disabilities.
A.
Any animal abuse offender required to register with the Animal Abuser
Registry who fails to so register shall be guilty of a misdemeanor
punishable by incarceration for a period of not more than one year
and/or a fine not to exceed $2,000.
B.
Any animal abuse offender who violates the prohibition against possessing,
owning, adopting, or purchasing a companion animal or pet, except
for farm animals for farmers, and service animals for people with
disabilities, shall be guilty of a misdemeanor punishable by incarceration
for a period of not more than one year and/or a fine not to exceed
$5,000.
C.
Any animal shelter or pet dealer that violates § 85-8 of this article shall be guilty of a violation and subject to a fine not to exceed $5,000. A first time violation of § 85-8 of this article shall not subject an animal shelter or pet dealer to a fine but all subsequent violations shall subject said entity or individual to prosecution and fine. It shall not be a violation of this article if the animal shelter or pet dealer checked with the Sullivan County Animal Abuser Registry and the name did not appear thereon.
