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Bill Text - A07375
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S T A T E O F N E W Y O R K
________________________________________________________________________
7375
2001-2002 Regular Sessions
I N A S S E M B L Y
March 22, 2001
___________
Introduced by M. of A. TONKO, TOKASZ -- read once and
referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law,
in relation to
prohibiting the possession of wild animals as pets in
New York state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The legislature
finds that keeping
2 exotic animals as pets poses a serious threat to the health and safety
3 of New York state residents. Wild animals, including but
not limited to,
4 monkeys, tigers and venomous snakes, are readily
available for purchase
5 from a thriving exotic pet dealer industry. That these
animals and other
6 wild animals, are inherently dangerous and unsuited
to domesticated
7 life, is evidenced by the burgeoning number of
privately-owned wild
8 animal attacks on humans.
9 Across the country, children have been mauled by
tigers, asphyxiated
10 by snakes, and bitten by monkeys. Wild animals kept as
pets can transmit
11 serious and sometimes fatal diseases to people,
including Herpes B,
12 Salmonella and Ebola virus. Moreover, scientists
theorize that when the
13 origin of West Nile Virus is finally determined,
it may well be
14 connected to the transport of non-native species across
our borders.
15 Recapture of escaped wild animals is an expensive and
perilous endeav-
16 or for municipalities. Forcing wild animals to
live in unnatural
17 confinement among humans is both cruel and contrary to
the interest of
18 public health and security. Other states already
prohibit private owner-
19 ship of certain wild animals as pets, a position
supported by the United
20 States Department of Agriculture (USDA), the Centers for
Disease Control
21 (CDC) and the American Veterinary Medical Association
(AVMA). New York
22 must take similar steps to ensure the protection of the
public and the
23 humane treatment of wild animals.
24 S 2. Subdivision 6 of section 11-0103 of the
environmental conserva-
25 tion law is amended by adding a new paragraph e to read
as follows:
EXPLANATION--Matter in ITALICS (underscored) is new;
matter in brackets
{ } is old law to be omitted.
LBD09563-01-1
A. 7375 2
1 E. "WILD ANIMAL" SHALL MEAN ANY LIVE ANIMAL THAT IS
WILD BY NATURE,
2 WHETHER BRED IN THE WILD OR IN CAPTIVITY AND WHETHER
OR NOT NATIVE TO
3 NEW YORK STATE. WILD ANIMALS SHALL NOT INCLUDE
"COMPANION ANIMALS" AS
4 DEFINED IN SUBDIVISION THIRTY-FOUR OF THIS
SECTION. WILD ANIMALS
5 INCLUDE, BUT ARE NOT LIMITED TO, ANY OR ALL OF THE
FOLLOWING ORDERS AND
6 FAMILIES, AND SUCH OTHERS AS THE DEPARTMENT DETERMINES
ARE DANGEROUS TO
7 PUBLIC HEALTH OR SAFETY. THE ANIMALS LISTED IN
PARENTHESES ARE INTENDED
8 TO SERVE AS EXAMPLES AND ARE NOT TO BE CONSTRUED AS AN
EXHAUSTIVE LIST
9 OF EACH GROUP, UNLESS OTHERWISE SPECIFIED:
10 (1) NONHUMAN PRIMATES AND PROSIMIANS (MONKEYS,
CHIMPANZEES, BABOONS),
11 (2) FELIDAE (LIONS, TIGERS, BOBCATS, COUGARS, SERVAL
CATS, LEOPARDS,
12 JAGUARS, BUT NOT DOMESTICATED CATS),
13 (3) CANIDAE (WOLVES, COYOTES, FOXES, JACKALS, BUT
NOT DOMESTICATED
14 DOGS),
15 (4) URSIDAE (ALL BEARS),
16 (5) REPTILIA (ALL VENOMOUS SNAKES, THOSE CONSTRICTOR
AND PYTHON SNAKES
17 AND TURTLES THAT THE DEPARTMENT DETERMINES ARE
DANGEROUS TO PUBLIC
18 HEALTH OR SAFETY, ALL MONITOR LIZARDS, ALL WATER
DRAGONS),
19 (6) CROCODILIA (ALL ALLIGATORS AND CROCODILES), AND
20 (7) ALL POISONOUS AMPHIBIANS.
21 S 3. Section 11-0103 of the environmental conservation
law is amended
22 by adding five new subdivisions 31, 32, 33, 34
and 35 to read as
23 follows:
24 31. "PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP,
FIRM, JOINT STOCK
25 COMPANY, CORPORATION, ASSOCIATION, TRUST, ESTATE OR
OTHER LEGAL ENTITY.
26 32. "FARM ANIMAL" MEANS ANY UNGULATE, POULTRY,
SPECIES OF CATTLE,
27 SHEEP, SWINE, GOATS, LLAMA, HORSES OR FUR-BEARING
ANIMALS AS DEFINED IN
28 SECTION 11-1907 OF THIS ARTICLE, WHICH ARE RAISED
FOR COMMERCIAL OR
29 SUBSISTENCE PURPOSES. FUR-BEARING ANIMALS SHALL NOT
INCLUDE DOGS OR
30 CATS.
31 33. "PET" MEANS A DOMESTICATED ANIMAL KEPT FOR THE
PRIMARY PURPOSE OF
32 COMPANIONSHIP THAT IS NORMALLY MAINTAINED IN OR NEAR
THE HOUSEHOLD OF
33 THE OWNER OR PERSON WHO CARES FOR SUCH DOMESTICATED
ANIMAL.
34 34. "COMPANION ANIMAL" MEANS ANY ANIMAL THAT IS
COMMONLY KEPT AS A PET
35 AS DEFINED IN THIS SECTION. THE DEFINITION SHALL
INCLUDE BUT NOT BE
36 LIMITED TO:
37 A. DOMESTICATED DOGS;
38 B. DOMESTICATED CATS;
39 C. HORSES;
40 D. HAMSTERS;
41 E. GERBILS;
42 F. GUINEA PIGS;
43 G. DOMESTICATED BIRDS;
44 H. DOMESTICATED RABBITS;
45 I. TURTLES (EXCEPT THOSE DETERMINED BY THE DEPARTMENT
TO BE A DANGER
46 TO PUBLIC HEALTH OR SAFETY);
47 J. MICE;
48 K. RATS;
49 L. FERRETS (SUBJECT TO PERMIT REQUIREMENT PURSUANT TO
SECTION 11-0511
50 (2) OF THIS CHAPTER);
51 M. NONPOISONOUS AMPHIBIANS.
52 35. "WILDLIFE SANCTUARY" MEANS A NONPROFIT
ORGANIZATION AS DESCRIBED
53 IN SECTION 170(B)(1)(A)(VI) OF THE INTERNAL REVENUE
CODE OF 1986, AND
54 APPROVED BY THE ASSOCIATION OF SANCTUARIES, AND THAT
OPERATES A PLACE OF
55 REFUGE WHERE ABUSED, NEGLECTED, UNWANTED,
IMPOUNDED, ABANDONED,
56 ORPHANED, OR DISPLACED WILD ANIMALS ARE PROVIDED CARE
FOR THEIR LIFETIME
A. 7375 3
1 OR REHABILITATED AND RELEASED BACK TO THEIR NATURAL
HABITAT, AND, WITH
2 RESPECT TO ANY ANIMAL OWNED BY THE ORGANIZATION, DOES
NOT:
3 A. USE THE ANIMAL FOR ANY TYPE OF ENTERTAINMENT,
RECREATIONAL OR
4 COMMERCIAL PURPOSE;
5 B. SELL, TRADE, LEND OR BARTER THE ANIMAL OR THE
ANIMAL`S BODY PARTS;
6 OR
7 C. BREED THE ANIMAL.
8 S 4. Subdivision 2 of section 11-0303 of the
environmental conserva-
9 tion law is amended to read as follows:
10 2. To such extent as it shall deem feasible without
prejudice to other
11 functions in the management of fish and wildlife
resources of the state
12 and the execution of other duties imposed by law,
the department is
13 directed, in the exercise of the powers conferred upon
it, to develop
14 and carry out programs and procedures which will in
its judgment, (a)
15 promote natural propagation and maintenance of
desirable species in
16 ecological balance, and (b) lead to the observance of
sound management
17 practices for such propagation and maintenance on lands
and waters of
18 the state, whether owned by the state or by a public
corporation of the
19 state or held in private ownership, having regard to
(1) ecological
20 factors, including the need for restoration and
improvement of natural
21 habitat and the importance of ecological balance in
maintaining natural
22 resources; (2) the compatibility of production and
harvesting of fish
23 and wildlife crops with other necessary or desirable
land uses; (3) the
24 importance of fish and wildlife resources for
recreational purposes; (4)
25 requirements for public safety; {and} (5) the
need for adequate
26 protection of private premises and of the persons and
property of occu-
27 pants thereof against abuse of privileges of access to
such premises for
28 hunting, fishing or trapping; AND (6) PROTECT THE
PUBLIC HEALTH AND
29 SAFETY IN RELATION TO POSSESSION OF WILD ANIMALS AS
PETS, AS THOSE TERMS
30 ARE DEFINED IN PARAGRAPH E OF SUBDIVISION SIX
AND SUBDIVISION
31 THIRTY-THREE OF SECTION 11-0103 OF THIS ARTICLE, AND IN
RELATION TO THE
32 POSSESSION OF WILD ANIMALS FOR RECREATIONAL OR
COMMERCIAL PURPOSES.
33 S 5. Subdivision 10 of section 11-0305 of the
environmental conserva-
34 tion law is amended to read as follows:
35 10. To enforce all provisions of the Fish and
Wildlife Law and regu-
36 lations pursuant thereto, and all laws relating to fish,
wildlife, WILD
37 ANIMALS, NON-NATIVE BIG GAME MAMMALS, AS DEFINED
IN PARAGRAPH E OF
38 SUBDIVISION SIX OF SECTION 11-0103 OF THIS ARTICLE,
protected insects,
39 shellfish, crustacea and game;
40 S 6. The environmental conservation law is amended
by adding a new
41 section 11-0512 to read as follows:
42 S 11-0512. POSSESSION OF WILD ANIMALS AS PETS.
43 1. NO PERSON SHALL POSSESS OR HARBOR ANY WILD ANIMAL
FOR USE AS A PET
44 IN NEW YORK STATE.
45 2. THIS SECTION SHALL NOT APPLY TO:
46 A. ZOOLOGICAL FACILITIES LICENSED PURSUANT TO 7
USC. SEC. 2132 ET.
47 SEQ. AND ACCREDITED BY AAZPA (AMERICAN ASSOCIATION OF
ZOOLOGICAL PARKS
48 AND AQUARIUMS);
49 B. EXHIBITORS LICENSED PURSUANT TO THE ANIMAL
WELFARE ACT, 7 USC.
50 SECTIONS 2132-2134;
51 C. RESEARCH FACILITIES AS DEFINED IN THE ANIMAL
WELFARE ACT, 7 USC,
52 SECTION 2132 (E), 2 (E) WHICH ARE LICENSED BY THE
UNITED STATES SECRE-
53 TARY OF AGRICULTURE AND APPROVED UNDER APPLICABLE STATE
LAW;
54 D. LICENSED VETERINARIANS AND INCORPORATED HUMANE
SOCIETIES, ANIMAL
55 SHELTERS, SOCIETIES FOR THE PREVENTION OF CRUELTY TO
ANIMALS OR ANIMAL
56 WELFARE ORGANIZATIONS TENDING TO SICK OR INJURED WILD
ANIMALS, PROVIDED
A. 7375 4
1 THAT SUCH PERSONS OR FACILITIES NOTIFY THE DEPARTMENT
WITHIN FORTY-EIGHT
2 HOURS OF OBTAINING CUSTODY OF SUCH ANIMAL;
3 E. STATE UNIVERSITIES OR OTHER STATE AGENCIES
WORKING WITH WILD
4 ANIMALS;
5 F. WILDLIFE REHABILITATORS LICENSED PURSUANT TO
THE PROVISIONS OF
6 SUBDIVISION THREE OF SECTION 11-0515 OF THIS TITLE
AND REGULATIONS
7 PROMULGATED THEREUNDER, WHO ARE TENDING TO SICK OR
INJURED WILD ANIMALS
8 THAT ARE NATIVE TO NEW YORK STATE;
9 G. A PERSON HAVING CUSTODY OF A WILD ANIMAL SOLELY
FOR THE PURPOSE OF
10 TRANSPORTING IT TO A LICENSED VETERINARIAN,
WILDLIFE REHABILITATOR,
11 HUMANE SOCIETY OR OTHER ENTITY AUTHORIZED BY THIS
SECTION TO HANDLE OR
12 TREAT WILD ANIMALS;
13 H. A WILDLIFE SANCTUARY AS DEFINED IN SUBDIVISION
THIRTY-FIVE OF
14 SECTION 11-0103 OF THIS ARTICLE;
15 I. A PERSON WITH A FALCONRY OR HAWK LICENSE
PURSUANT TO SECTION
16 11-1003 OF THIS ARTICLE.
17 J. A PERSON WHO IS NOT A RESIDENT OF THIS STATE WHO
IS IN THE STATE
18 ONLY FOR THE PURPOSE OF TRAVELLING BETWEEN LOCATIONS
OUTSIDE THE STATE.
19 IN NO EVENT SHALL THIS TIME PERIOD EXCEED THIRTY DAYS.
20 3. ANY PERSON WHO POSSESSES OR HARBORS A WILD ANIMAL
FOR USE AS A PET
21 AT THE TIME THAT THIS SECTION TAKES EFFECT MAY RETAIN
POSSESSION OF SUCH
22 ANIMAL FOR THE REMAINDER OF ITS LIFE, PROVIDED THAT SUCH
PERSON:
23 A. HAS NOT BEEN CONVICTED OF ANY OFFENSE
RELATING TO CRUELTY TO
24 ANIMALS OR INVOLVING VIOLATION OF A JUDICIAL
ORDER PROHIBITING
25 POSSESSION OF ANIMALS;
26 B. APPLIES TO THE DEPARTMENT WITHIN SIXTY DAYS OF
THE EFFECTIVE DATE
27 OF THIS SECTION, AND OBTAINS FROM THE DEPARTMENT, A
PERMIT AUTHORIZING
28 POSSESSION OF A WILD ANIMAL; AND
29 C. COMPLIES WITH ALL RULES AND REGULATIONS
ESTABLISHED BY THE DEPART-
30 MENT AS REQUISITES FOR ISSUANCE OF SUCH A PERMIT,
INCLUDING BUT NOT
31 LIMITED TO PROOF OF THE FOLLOWING:
32 (1) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
PERSON WHO OWNS,
33 POSSESSES OR HARBORS THE WILD ANIMAL OR ANIMALS,
INCLUDING A SWORN
34 STATEMENT THAT THE PERSON WHO OWNS, POSSESSES OR HARBORS
THE WILD ANIMAL
35 OR ANIMALS IS TWENTY-ONE YEARS OF AGE OR OLDER.
36 (2) THE ADDRESS OF THE LOCATION WHERE THE WILD ANIMAL
OR ANIMALS WILL
37 BE KEPT, IF DIFFERENT FROM THE ABOVE.
38 (3) A DETAILED DESCRIPTION OF EACH WILD ANIMAL
OWNED, POSSESSED OR
39 HARBORED, INCLUDING SPECIES, GENDER, AGE AND ANY
IDENTIFYING CHARACTER-
40 ISTICS.
41 (4) A PHOTOGRAPH OF EACH WILD ANIMAL OWNED, POSSESSED
OR HARBORED.
42 (5) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
PERSON OR PERSONS
43 FROM WHOM THE WILD ANIMAL OR ANIMALS WAS OBTAINED.
44 (6) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
VETERINARIAN, WHO
45 WILL TREAT THE WILD ANIMAL, ACCOMPANIED BY AN AFFIDAVIT
FROM THE VETERI-
46 NARIAN VERIFYING THAT HE OR SHE IS QUALIFIED AND
WILLING TO TREAT THE
47 WILD ANIMAL OR ANIMALS.
48 (7) A STATEMENT FROM THE TREATING VETERINARIAN
ESTABLISHING EITHER
49 THAT THE WILD ANIMAL OR ANIMALS HAVE BEEN STERILIZED
AND ARE INCAPABLE
50 OF REPRODUCING, OR A STATEMENT INDICATING THAT DUE TO
ILLNESS OR AGE,
51 STERILIZATION IS NOT MEDICALLY RECOMMENDED.
52 (8) A STATEMENT FROM A LICENSED VETERINARIAN STATING
THAT THE WILD
53 ANIMAL HAS HAD AN IDENTIFICATION NUMBER INSERTED IN ITS
BODY VIA SUBCU-
54 TANEOUS MICROCHIP. THIS SECTION DOES NOT APPLY TO
SNAKES OR OTHER
55 REPTILES IF A VETERINARIAN DETERMINES THAT INSERTION
OF A SUBCUTANEOUS
56 MICROCHIP WOULD ENDANGER THE WELL BEING OF THE ANIMAL.
IN THE LATTER
A. 7375 5
1 EVENT, THE OWNER SHALL PROVIDE A COPY OF THE STATEMENT
FROM THE VETERI-
2 NARIAN SO ATTESTING.
3 (9) A COPY OF A LIABILITY INSURANCE POLICY IN THE NAME
OF THE OWNER OF
4 THE WILD ANIMAL, OF AT LEAST TWO HUNDRED FIFTY THOUSAND
DOLLARS INSURING
5 FOR BODILY INJURY OR DEATH OF A PERSON OR DESTRUCTION OF
PROPERTY CAUSED
6 BY THE WILD ANIMAL; OR A COPY OF A SURETY BOND IN A
FORM ACCEPTABLE TO
7 THE DEPARTMENT IN AN AMOUNT OF AT LEAST TWO HUNDRED
FIFTY THOUSAND
8 DOLLARS.
9 (10) A SWORN STATEMENT INDICATING THAT THE WILD ANIMAL
OR ANIMALS WILL
10 NOT BE BRED.
11 (11) A DETAILED STATEMENT ESTABLISHING THAT THE
FACILITY IN WHICH THE
12 WILD ANIMAL WILL BE KEPT COMPLIES WITH ALL STANDARDS OF
CARE PROMULGATED
13 BY THE DEPARTMENT, BUT AT MINIMUM COMPLIES WITH THE
STANDARDS FOR ANIMAL
14 CARE SET FORTH IN THE FEDERAL ANIMAL WELFARE ACT
INCLUDING, BUT NOT
15 LIMITED TO HOUSING, TEMPERATURE, VENTILATION,
DRAINAGE, SANITATION,
16 FOOD, WATER, EXERCISE AND VETERINARY CARE APPROPRIATE TO
THE SPECIES AND
17 SUFFICIENT TO MAINTAIN THE WILD ANIMAL IN GOOD
HEALTH. THE STATEMENT
18 SHALL ALSO ESTABLISH THAT THE FACILITY IN WHICH THE
WILD ANIMAL WILL BE
19 KEPT SUFFICIENTLY SIMULATES ITS NATURAL HABITAT TO
MAINTAIN THE WILD
20 ANIMAL IN GOOD PHYSICAL AND EMOTIONAL HEALTH.
21 (12) A DETAILED STATEMENT ESTABLISHING THAT THE
WILD ANIMAL WILL BE
22 KEPT IN A FACILITY THAT COMPLIES WITH ANY PUBLIC SAFETY
STANDARDS ESTAB-
23 LISHED BY THE DEPARTMENT BUT THAT, AT MINIMUM, PROVIDES
ADEQUATE SECURI-
24 TY TO PREVENT INJURY OF THE WILD ANIMAL OR THE PUBLIC
AND TO PREVENT
25 ESCAPE OF THE WILD ANIMAL.
26 (13) A SWORN STATEMENT THAT THE WILD ANIMAL WILL
NOT BE TIED, TETH-
27 ERED, LEASHED OR CHAINED OUTDOORS, ALLOWED TO RUN AT
LARGE AND THAT THE
28 WILD ANIMAL WILL NOT BE BROUGHT TO ANY COMMERCIAL OR
RETAIL ESTABLISH-
29 MENT UNLESS IT IS BEING BROUGHT TO A VETERINARIAN OR
VETERINARY CLINIC.
30 (14) PROOF THAT THE OWNER OF THE WILD ANIMAL HAS
POSTED CONSPICUOUS
31 SIGNS, IN COMPLIANCE WITH REGULATIONS PROMULGATED BY
THE DEPARTMENT, AT
32 THE LOCATION WHERE THE WILD ANIMAL IS KEPT, WHICH ARE
CLEARLY LEGIBLE
33 AND READABLE BY THE PUBLIC, INDICATING THAT THERE IS
A WILD ANIMAL ON
34 THE PREMISES. IN ADDITION, THE OWNER SHALL CONSPICUOUSLY
DISPLAY A SIGN
35 WITH A WARNING SYMBOL THAT INFORMS CHILDREN OF THE
PRESENCE OF A WILD
36 ANIMAL.
37 (15) A SWORN STATEMENT THAT POSSESSION, HARBORING OR
OWNING A WILD
38 ANIMAL DOES NOT VIOLATE ANY APPLICABLE FEDERAL, STATE OR
LOCAL LAW.
39 (16) A SWORN STATEMENT ATTESTING TO THE MANNER OF
DEATH, EUTHANASIA OR
40 OTHER DISPOSITION OF THE WILD ANIMAL.
41 4. THE DEPARTMENT SHALL ISSUE PERMITS AUTHORIZING
POSSESSION OF WILD
42 ANIMALS TO THOSE PERSONS COMPLYING WITH THE PROVISIONS
OF SUBDIVISION
43 THREE OF THIS SECTION AND WITH ANY REGULATIONS
PROMULGATED BY THE
44 DEPARTMENT THEREUNDER. SUCH PERMITS SHALL BE VALID IN
ANY JURISDICTION
45 WITHIN THE STATE WHERE POSSESSION OF A WILD ANIMAL IS
NOT PROHIBITED BY
46 LOCAL LAW AND SHALL BE RENEWABLE ANNUALLY SUBJECT TO
CONTINUED COMPLI-
47 ANCE WITH THE PROVISIONS OF THIS SECTION AND WITH
ANY REGULATIONS
48 PROMULGATED THEREUNDER. THE DEPARTMENT SHALL FORWARD
COPIES OF SUCH
49 PERMITS TO THE CLERK OF THE CITY, TOWN OR VILLAGE IN
WHICH EACH WILD
50 ANIMAL IS HARBORED.
51 5. THE DEPARTMENT SHALL SET ANNUAL PERMIT FEES FOR
THE POSSESSION OF
52 WILD ANIMALS PURSUANT TO SUBDIVISION THREE OF THIS
SECTION IN AN AMOUNT
53 DETERMINED TO BE REASONABLE BUT IN NO EVENT LESS THAN
FIFTY DOLLARS PER
54 YEAR FOR EACH WILD ANIMAL. PERMIT FEES SHALL BE
USED SOLELY FOR THE
55 ENFORCEMENT OF THIS SECTION.
A. 7375 6
1 6. ANY PERSON IN POSSESSION OF A WILD ANIMAL AS A PET
PURSUANT TO THIS
2 SECTION SHALL NOT BREED, SELL, TRADE, BARTER OR
EXCHANGE SUCH WILD
3 ANIMAL. ANY PERSON IN POSSESSION OF A WILD ANIMAL
SHALL NOT TRANSFER
4 SUCH WILD ANIMAL EXCEPT AS AUTHORIZED UNDER SUBDIVISIONS
EIGHT AND NINE
5 OF THIS SECTION.
6 7. PRIOR TO DENIAL OR REVOCATION OF A PERMIT PURSUANT
TO THIS SECTION,
7 THE DEPARTMENT SHALL HOLD A HEARING UPON DUE NOTICE
TO THE PERSON WHO
8 OWNS, HARBORS OR POSSESSES THE WILD ANIMAL, AT WHICH
SUCH PERSON SHALL
9 HAVE THE OPPORTUNITY TO BE HEARD. THE PROVISIONS OF
THE STATE ADMINIS-
10 TRATIVE PROCEDURE ACT SHALL APPLY AT PROCEEDINGS HELD IN
ACCORDANCE WITH
11 THIS SUBDIVISION. THE DECISION TO DENY OR REVOKE A
PERMIT UNDER THIS
12 SECTION SHALL BE APPEALABLE.
13 8. A PERSON POSSESSING, OWNING OR HARBORING A
WILD ANIMAL WHO IS
14 DENIED A PERMIT PURSUANT TO THIS SECTION, OR WHOSE
PERMIT IS REVOKED,
15 SHALL SURRENDER SUCH WILD ANIMAL TO THE DEPARTMENT
OR AN AUTHORIZED
16 AGENT THEREOF. THE DEPARTMENT AND ITS AUTHORIZED
AGENTS SHALL HAVE
17 AUTHORITY TO SEIZE WILD ANIMALS HELD IN VIOLATION OF
THIS SECTION.
18 9. WILD ANIMALS SEIZED OR SURRENDERED PURSUANT TO
THE PROVISIONS OF
19 THIS SECTION SHALL BE TRANSFERRED TO A DULY INCORPORATED
WILDLIFE SANC-
20 TUARY AS DEFINED IN THIS SECTION, OR A ZOOLOGICAL
FACILITY ACCREDITED BY
21 THE AMERICAN ASSOCIATION OF ZOOLOGICAL PARKS AND
AQUARIUMS OR SHALL BE
22 HUMANELY EUTHANIZED.
23 10. A. ANY PERSON GRANTED A PERMIT PURSUANT TO
THIS SECTION SHALL
24 REPORT THE PRESENCE OF A WILD ANIMAL ON THEIR PREMISES
OR OTHERWISE IN
25 THEIR POSSESSION TO THE CLERK OF THE CITY, TOWN OR
VILLAGE IN WHICH SUCH
26 WILD ANIMAL IS OWNED, POSSESSED OR HARBORED. SUCH REPORT
SHALL BE FILED
27 ANNUALLY ON A DATE AND IN A MANNER TO BE DETERMINED
BY THE STATE FIRE
28 ADMINISTRATOR. A SEPARATE REPORT SHALL BE FILED FOR EACH
STREET ADDRESS
29 AT WHICH ANY SUCH WILD ANIMAL MAY BE FOUND.
30 B. SUCH CLERK SHALL FORWARD A COPY OF SUCH REPORT TO
EACH STATE POLICE
31 TROOP, COUNTY SHERIFF, AND MUNICIPAL POLICE AGENCY
HAVING JURISDICTION
32 OVER THE LOCATION OF SUCH WILD ANIMAL. A COPY THEREOF
SHALL ALSO BE
33 FORWARDED TO EACH FIRE DEPARTMENT, FIRE CORPORATION
OR FIRE COMPANY
34 SERVING SUCH LOCATION AND TO EACH AMBULANCE OR EMERGENCY
MEDICAL SERVICE
35 DEPARTMENT, AMBULANCE CORPORATION, OR AMBULANCE OR
EMERGENCY MEDICAL
36 SERVICE COMPANY SERVING SUCH LOCATION. IN LIEU OF
FORWARDING A COPY OF
37 EACH REPORT, THE CLERK MAY COMPILE THE CONTENTS OF
SEVERAL REPORTS AND
38 FORWARD A COMPILATION ON A QUARTERLY BASIS.
39 C. ANY PERSON WHO FAILS TO REPORT THE PRESENCE OF
WILD ANIMALS AS
40 REQUIRED IN THIS SECTION, SHALL BE SUBJECT TO A FINE OF
NOT MORE THAN
41 TWO HUNDRED FIFTY DOLLARS FOR THE FIRST OFFENSE, AND
UPON BEING FOUND
42 GUILTY OF A SECOND OR SUBSEQUENT OFFENSE, BY A FINE OF
NOT LESS THAN TWO
43 HUNDRED FIFTY DOLLARS OR MORE THAN ONE THOUSAND
DOLLARS. EXCEPT AS
44 OTHERWISE PROVIDED BY LAW, SUCH VIOLATION SHALL NOT BE
A CRIME AND THE
45 PENALTY OR PUNISHMENT IMPOSED THEREFOR, SHALL NOT BE
DEEMED FOR ANY
46 PURPOSE A CRIMINAL PENALTY OR PUNISHMENT AND SHALL NOT
IMPOSE ANY DISA-
47 BILITY UPON OR AFFECT OR IMPAIR THE CREDIBILITY AS A
WITNESS, OR OTHER-
48 WISE, OF A PERSON FOUND GUILTY THEREOF.
49 11. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT
ANY CITY, TOWN OR
50 COUNTY FROM ENACTING MORE RESTRICTIVE PROVISIONS
GOVERNING THE
51 POSSESSION OF WILD ANIMALS FOR USE AS PETS.
52 S 7. Section 11-0511 of the environmental conservation
law, as amended
53 by chapter 432 of the laws of 1997, is amended to read
as follows:
54 S 11-0511. Possession and transportation of wildlife.
55 {No} SUBJECT TO THE PROVISIONS OF SECTION 11-0512 OF
THIS ARTICLE, NO
56 person shall, except under a license or permit first
obtained from the
A. 7375 7
1 department containing the prominent warning notice
specified in subdivi-
2 sion nine of section 11-0917 of this article,
possess, transport or
3 cause to be transported, imported or exported any live
wolf, wolfdog,
4 coyote, coydog, fox, skunk, venomous reptile or
raccoon, endangered
5 species designated pursuant to section 11-0535 hereof,
species named in
6 section 11-0536 or other species of native or
non-native live wildlife
7 or fish where the department finds that possession,
transportation,
8 importation or exportation of such species of
wildlife or fish would
9 present a danger to the health or welfare of the people
of the state, an
10 individual resident or indigenous fish or wildlife
population. Environ-
11 mental conservation officers, forest rangers and
members of the state
12 police may seize every such animal possessed without
such license or
13 permit. No action for damages shall lie for such
seizure, and disposi-
14 tion of seized animals shall be at the discretion of the
department.
15 S 8. This act shall take effect on the one hundred
eightieth day after
16 it shall have become a law; provided however that
the department of
17 environmental conservation shall promulgate any rules
and regulations
18 necessary for the implementation of this act.
.SO DOC A 7375 END
BTXT 2001
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