A 9108: Includes a town, acting through its dog control officers acting at the behest of a police officer to seize an animal, as an impounding organization for the purpose of authorizing such town to file a petition requesting that the person from whom an animal is seized or the owner of the animal to post a security.

  
  STATE OF NEW YORK ________________________________________________________________________ 9108 2025-2026 Regular Sessions  IN ASSEMBLY September 26, 2025 ___________ Introduced by M. of A. BENDETT -- read once and referred to the Commit- tee on Agriculture AN ACT to amend the agriculture and markets law, in relation to includ- ing a town, through its dog control officers acting at the behest of a police officer, as an impounding organization The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph a of subdivision 6 of section 373 of the agricul- 2 ture and markets law, as amended by chapter 289 of the laws of 2018, is 3 amended to read as follows: 4 a. If any animal is seized and impounded pursuant to the provisions of 5 this section, section three hundred fifty-three-d of this article or 6 section three hundred seventy-five of this article for any violation of 7 this article, upon arraignment of charges, or within a reasonable time 8 thereafter, the duly incorporated society for the prevention of cruelty 9 to animals, humane society, pound, animal shelter or any authorized 10 agents thereof, or a town through its dog control officers who act at 11 the behest of a police officer to seize an animal, hereinafter referred 12 to for the purposes of this section as the "impounding organization", 13 may file a petition with the court in which criminal charges have been 14 filed requesting that the person from whom an animal is seized or the 15 owner of the animal be ordered to post a security. The district attorney 16 prosecuting the charges may file and obtain the requested relief on 17 behalf of the impounding organization if requested to do so by the 18 impounding organization. The security shall be in an amount sufficient 19 to secure payment for all reasonable expenses expected to be incurred by 20 the impounding organization in caring and providing for the animal pend- 21 ing disposition of the charges. Reasonable expenses shall include, but 22 not be limited to, estimated medical care and boarding of the animal for 23 at least thirty days. The amount of the security, if any, shall be 24 determined by the court after taking into consideration all of the facts EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13797-01-5 
 A. 9108 2 1 and circumstances of the case including, but not limited to the recom- 2 mendation of the impounding organization having custody and care of the 3 seized animal and the cost of caring for the animal. If a security has 4 been posted in accordance with this section, the impounding organization 5 may draw from the security the actual reasonable costs to be incurred by 6 such organization in caring for the seized animal. 7 § 2. This act shall take effect immediately.