DRAFT LOCAL LAW INTRO NO BE IT ENACTED by the Board of Legislators of the County of Westchester as
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1 DRAFT LOCAL LAW INTRO NO A LOCAL LAW amending the Laws of Westchester County by adding a new Chapter 705 establishing a County Registry for Animal Abuse Offenders. follows: BE IT ENACTED by the Board of Legislators of the County of Westchester as Section 1. A new Chapter 705 is hereby added to the Laws of Westchester County to read as follows: CHAPTER 705 THE ANIMAL ABUSER REGISTRY LAW Short title Legislative intent Definitions Creation of Animal Abuser Registry Requirements Fees Promulgation of Rules and Regulations Penalties Applicability Severability. Sec Short title.
2 This chapter law shall be known and may be cited as The Animal Abuser Registry Law. Sec Legislative intent. Animal cruelty is a serious problem, resulting in the abuse of thousands of animals each year in the United States. While New York State has criminalized the cruel treatment of animals, animal abuse continues to occur in Westchester County and throughout the State. Statistically, individuals who abuse animals are more likely to commit violent acts against humans. Furthermore, a strong correlation has been established linking individuals who abuse animals with incidents of domestic violence. While a number of states in recent years have considered legislation to establish statewide registries of individuals convicted of animal abuse offenses, Suffolk County, Albany County and Rockland County have all adopted a local law creating such a registry. This Legislature finds that it is in the best interests of Westchester County residents to establish a similar system. Therefore, the purpose of this law is to establish an online registry for individuals residing in Westchester County who are convicted of animal abuse crimes. Sec Definitions. Wherever used in this chapter, unless the context or subject matter otherwise requires: 1. ANIMAL ABUSE CRIME shall mean the commission of the following enumerated crimes against an animal: animal fighting, as defined in the New York State Agriculture and Markets Law (hereinafter A.M.L. ) 351; overdriving, torturing and injuring animals; failure to provide proper sustenance, as defined in A.M.L. 353;
3 aggravated cruelty to animals, as defined in A.M.L. 353-a; abandonment of animals, as defined in A.M.L. 355; failure to provide proper food and drink to impounded animal, as defined in A.M.L. 356; interference with or injury to certain domestic animals, as defined in A.M.L. 361; harming a service animal in the first degree, as defined in New York State Penal Code CONVICTED OF shall mean an adjudication of guilt by any court of competent jurisdiction, whether upon a verdict or plea of guilty or nolo contendre. 3. PET DEALER shall mean any person who engages in the sale or offering for sale of more than nine animals per year for profit to the public. Such definition shall include breeders who sell or offer to sell animals; provided that a breeder who sells or offers to sell directly to the consumer fewer than twenty-five animals per year that are born and raised on the breeder's residential premises shall not be considered a pet dealer as a result of selling or offering to sell such animals. 4. CONSUMER shall mean any individual purchasing an animal from a pet dealer. A pet dealer shall not be considered a consumer. Sec Creation of Animal Abuser Registry. The Westchester County Department of Public Safety is hereby authorized, empowered and directed to establish an Animal Abuser Registry that shall contain the names and residence information of individuals living in Westchester County who are convicted of an animal abuse crime. The Registry will be maintained by the Westchester County Department of Public Safety. Sec Requirements. 1. All persons eighteen (18) years of age or older who reside in Westchester
4 County and who are convicted of an animal abuse crime on or after the effective date of this law must register with the Westchester County Animal Abuser Registry within five (5) days following the effective date of this law or their release from incarceration or, if not incarcerated, from the date of the rendering of judgment. 2. The prosecuting agency shall notify all persons upon conviction of an animal abuse crime that they must register with the Westchester County Animal Abuser Registry within five (5) days following their release from incarceration or, if not incarcerated, from the date of the rendering of judgment. 3. When a person is convicted of an animal abuse crime, the prosecuting agency shall forward to the Westchester County Department of Public Safety 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 Westchester County Department of Public Safety that the person is required to register with the Animal Abuser Registry. 4. Each person required to register with the Animal Abuser Registry shall submit: a. their name; b. any aliases they are known under; c. their residential address; and d. a photograph of their head and shoulders taken from the front. 5. Each person registered with the Animal Abuser Registry shall update their registration information each time they move from one residential address to another or, if their residential address does not change, annually from the date of their first registration. 6. Each person required to register with the Animal Abuser Registry shall remain
5 on the Registry for four (4) years following their release from incarceration or the date judgment was rendered, whichever is later. Registered persons who are convicted of subsequent animal abuse crimes shall remain on the registry for four (4) years following their most recent conviction. 7. Before selling or offering to sell an animal to a consumer, every pet dealer, duly incorporated society for the prevention of cruelty to animals, humane society, pound, animal shelter, or any authorized agents thereof, must check the Animal Abuser Registry to see if the prospective consumer is a registered animal abuser. 8. No pet dealer, duly incorporated society for the prevention of cruelty to animals, humane society, pound, animal shelter, or any authorized agents thereof, shall knowingly sell or offer to sell an animal to a consumer who is registered animal abuser. Sec Fees. Every person required to register with the Animal Abuser Registry must pay an annual fee of fifty dollars ($50.00) to the Westchester County Department of Public Safety. These funds will be used to pay the administrative costs of maintaining the Registry. Sec Promulgation of Rules and Regulations. The Commissioner of the Westchester County Department of Public Safety, or his/her designee, is hereby authorized and empowered to promulgate such rules and regulations necessary to implement this law. Sec Penalties. 1. Any person required to register, or update his/her registration, with the Animal Abuser Registry who fails to do so shall be guilty of a class A misdemeanor.
6 2. Any pet dealer, duly incorporated society for the prevention of cruelty to animals, humane society, pound, animal shelter, or any authorized agents thereof, who knowingly sells or offers to sell an animal to a consumer who is a registered animal abuser shall be guilty of a class A misdemeanor. 3. Any pet dealer, duly incorporated society for the prevention of cruelty to animals, humane society, pound, animal shelter, or any authorized agents thereof, who fails to check the Animal Abuser Registry to see if the prospective consumer is a registered animal abuser and thereafter sells or offers to sell an animal to a consumer who is a registered animal abuser shall be guilty of a violation. 4. Any pet dealer, duly incorporated society for the prevention of cruelty to animals, humane society, pound, animal shelter, or any authorized agents thereof, who a second time within two (2) years fails to check the Animal Abuser Registry to see if the prospective consumer is a registered animal abuser and thereafter sells or offers to sell an animal to a consumer who is a registered animal abuser shall be guilty of a class A misdemeanor. Sec Applicability. This law shall apply to all persons convicted of animal abuse crimes on or after the effective date of this law. Sec Severability. If any clause, sentence, paragraph, or section of this chapter shall be held invalid by any court of competent jurisdiction, or the application of this chapter to any person or set of circumstances shall be held invalid, such invalidity or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the
7 clause, sentence, paragraph, section, or operation of this chapter directly involved in the controversy in which the judgment shall have been rendered. To further this end, the provisions of this chapter are hereby declared to be severable. Section 2. This local law shall take effect ninety (90) days after enactment.
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