Chapter 16: Animal Abuse Registration Act

§ 17-1601 Definitions.

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.

   c.   "Animal rescue group" has the same meaning as such term is defined in section 17-802 of chapter eight of this title.

   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.

§ 17-1602 Creation of animal abuse registry.

   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.