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For the purposes of this chapter, the following terms shall have the following meanings:
a. "Animal abuse crime" shall mean any of the following:
1. animal fighting, as defined in section three hundred fifty-one of the agriculture and markets law;
2. overdriving, torturing or injuring animals; failure to provide proper sustenance, as defined in section three hundred fifty-three of the agriculture and markets law;
3. aggravated cruelty to animals, as defined in section three hundred fifty-three-a of the agriculture and markets law;
4. electrocution of fur-bearing animals, as defined in section three hundred fifty-three-c of the agriculture and markets law;
5. abandonment of animals, as defined in section three hundred fifty-five of the agriculture and markets law;
6. failure to provide proper food and drink to an impounded animal, as defined in section three hundred fifty-six of the agriculture and markets law;
7. poisoning or attempting to poison animals, as defined in section three hundred sixty of the agriculture and markets law;
8. interference with or injury to certain domestic animals, as defined in section three hundred sixty-one of the agriculture and markets law;
9. harming a service animal in the first degree, as defined in section 242.15 of the penal code; or
10. an offense in any other jurisdiction which includes all of the essential elements of any such crime provided for in paragraph one, two, three, four, five, six, seven, eight, or nine of this subdivision.
b. "Animal shelter" shall mean any full service shelter, as defined in subdivision d of section 17-802 of this code, or other facility that makes dogs and cats available for adoption whether or not a fee for such adoption is charged.
d. "Authorized entity" shall mean any of the following: a humane society duly incorporated in the state of New York, a society for the prevention of cruelty to animals duly incorporated in the state of New York, a dog or cat protective associations duly incorporated in the state of New York, an animal control officer, a pet shop, a veterinarian, an animal rescue, or an animal shelter operating in the city of New York.
e. "Commissioner" shall mean the commissioner of the agency designated to implement the provisions of this chapter pursuant to subdivision a of section 17-1602 of this chapter.
f. "Convicted of" shall mean an adjudication of guilt by any court of competent jurisdiction, whether upon a verdict or plea of guilty or nolo contendere.
g. "Department" shall mean the agency designated to implement the provisions of this chapter pursuant to subdivision a of section 17-1602 of this chapter, notwithstanding any inconsistent provisions of this title.
h. "Registrant" shall mean a person required to register with the department pursuant to this chapter.
i. "Pet shop" shall have the same meaning as such term is defined in section 17-371 of this title.
(Am. L.L. 2015/006, 1/17/2015, eff. 1/17/2015 and 6/1/2015; Am. L.L. 2015/055, 6/2/2015, eff. 6/1/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/004.
a. The mayor or his designee shall designate an agency to implement the provisions of this chapter and shall report such designation to the speaker of the council.
b. The department shall create, manage and maintain an electronic registry of individuals living in the city of New York who have been convicted of an animal abuse crime and who have registered with the department pursuant to this chapter.
c. The information maintained in the registry created pursuant to this section shall only be made available to law enforcement agencies, district attorneys or when otherwise required by law, and shall otherwise be kept confidential, provided, however, that the department shall grant authorized entities the password-protected ability to electronically query the registry using a person's name, driver's license or non-driver photo ID card number, or other identifying information determined by the commissioner, and to receive in response to such query electronic notice of whether such person is prohibited from owning an animal under section 17-1604 of this chapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/004.
a. Any person eighteen years of age or older who resides in the city of New York and has been convicted of an animal abuse crime on or after the effective date of the local law that added this chapter shall personally appear before the department at a location determined by the commissioner to register, provided, however, no person shall be required to appear before the department to register pending resolution of an appeal of such conviction.
1. Such person shall appear and register within five days following such person's release from incarceration or if such person was not incarcerated within five days from the date of such person's sentencing.
2. Notwithstanding the foregoing, a person convicted of an animal abuse crime on or after the effective date of the local law that added this chapter who establishes residency in the city of New York following such person's release from incarceration or if such person was not incarcerated following such person's sentencing, must, within five days of establishing such residency, personally appear before the department at a location determined by the commissioner to register.
b. The department shall photograph the registrant at the time of registration.
c. Any person required to register pursuant to this chapter shall submit to the department the following:
1. The registrant's name, all aliases used, date of birth, sex, complexion, race or ethnicity, height, weight, eye color, number of any driver's license or non-driver photo ID card, home address and/or expected place of residence.
2. A description of the offense for which the registrant was convicted, the date of conviction and the sentence imposed.
3. Any other documentation as the commissioner deems acceptable to verify the information provided by the registrant.
d. Within twenty days of each one year anniversary of the registrant's initial registration date for so long as such registrant remains on the animal abuse registry pursuant to subdivision f of this section, such registrant shall personally appear at a location designated by the commissioner. At such appearance the department shall photograph the registrant and verify the continuing accuracy of the information provided by the registrant pursuant to subdivision c of this section.
e. Within five days of any change in any of the information provided by a registrant pursuant to subdivision c of this section, such registrant shall personally appear before the department to submit updated information for the registry.
f. Each registrant shall remain on the animal abuse registry for five years following his or her release from incarceration or the date sentencing was rendered, whichever is later, provided, however, that registrants who are convicted of any subsequent animal abuse crime shall remain on the animal abuse registry for ten years following the date of their most recent conviction.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/004.
a. A person who is registered or required to register pursuant to section 17-1603 shall not own, possess, reside with, have custody of, or intentionally engage in any physical contact with any animal.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/004.
a. Prior to the exchange or transfer of ownership of any animal in the care of an authorized entity operating in the city of New York, an employee or volunteer of such entity shall consult the animal abuse registry to determine whether the person seeking ownership of such animal is listed on the animal abuse registry.
b. No entity required to consult the animal abuse registry shall exchange or transfer the ownership of any animal to any person listed on the animal abuse registry.
c. A pet shop that allows an animal shelter or animal rescue group to use such pet shop's premises for the purpose of making animals available for adoption shall be exempt from the requirements of subdivisions a and b of this section with respect to such animals, provided such pet shop does not have an ownership interest in any of the animals that are made available for adoption.
(Am. L.L. 2015/006, 1/17/2015, eff. 1/17/2015; Am. L.L. 2015/055, 6/2/2015, eff. 6/1/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/004.
The commissioner may promulgate rules necessary for the implementation of this chapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/004.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/004.
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