[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:
- 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:
- 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.
- 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.
- 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.
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.
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.
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.
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.
Each person required to register with the Animal Abuser Registry shall submit to the Sullivan County Sheriff's Office:
Their name and any aliases they may be known by;
Their residence address;
Their date of birth; and
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.
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.
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.
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.
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.
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.
This section shall not apply to farm animals for farmers or to service animals for people with disabilities.
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.
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.
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.