This article shall be known as the "Animal Abuse Registry Law."
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 provision of NYS Agriculture Markets Law (AML) Article
26
B.
Sexual misconduct with an animal in violation of NYS Penal Law
(PL) § 130.20(3).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Harming a service animal in violation of PL § 242.10
and PL § 242.15.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Killing or injuring a police animal in violation of PL § 195.06
or PL § 195.06-a.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Harming an animal trained to aid a person with a disability
in violation of PL § 195.12.
ANIMAL ABUSE REGISTRY
The on-line registry established by this article for registering
any person residing in Albany 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.
CONVICTION
An adjudication of guilt by any court of competent jurisdiction,
whether upon verdict after trial, plea of guilty or nolo contendere
plea.
PET SELLER
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.
An on-line registry shall be established containing the name,
residence information and a head photo of any individual residing
in Albany County who has been convicted of any animal abuse crime.
The Albany County Sheriff is hereby authorized to negotiate an agreement
(to be executed by the Albany County Executive) with the Mohawk and
Hudson River Humane Society ("MHRHS") to establish and maintain a
registry for such individuals in Albany County. The MHRHS shall receive
all fees associated with the registration as the cost of maintenance
and administration of the registry.
No animal shelter, pet seller or other person or entity located
in Albany County shall sell, exchange or otherwise transfer the ownership
of any animal to any person listed as an animal abuse offender on
the Animal Abuse Registry. Prior to the sale, exchange or other transfer
of ownership of any animal, the animal shelter, pet seller or other
person or entity is required to examine the Animal Abuse Registry
to confirm that the name of the potential owner of the animal is not
listed.
This article shall be effective 90 days subsequent to filing
in the Office of the Secretary of State and shall apply to all transactions
occurring on or after the effective date of this article.