The next two sections of animal law for NY State deal with the seizure and humane destruction or disposition of animals that are lost, have strayed, are considered to be homeless or abandoned or are not kept or confined properly. Statute 373 specifically talks about seizure while 374 deals with how to handle and what to do with these animals once they are in "custody". This is an overview, as these statutes have many specific legal stipulations.
Obviously animals running loose in public areas may be picked up by a peace officer, both for their safety and that of the public. If there are complaints about abandoned animals or animals who are in dire straits, a peace officer may go onto private property. That fits the situation with Angel and Nemo where one dog escaped the house they were abandoned in, but the second dog needed rescuing.
Once the animals have reached a safe haven, courts may order the owners to pay costs for their veterinary care and regular upkeep while court proceedings are ongoing. Animals other than companion animals or pets may eventually be sold by the organization caring for them to help cover costs. For example, a loose horse could be taken to a shelter, cared for and eventually sold to another home if no owner claims it.
Alternatively, the peace officer may evaluate a situation and decide that the animals are relatively safe where they are but they need more or better care. In those cases, the animals remain in their homes but peace officers come by regularly to check that their care has improved.
What to do with animals after they have been seized is covered by statute 374. If a veterinarian examines an animal and feels that it is most humane to euthanize the animal, that will be done. The law states very specifically what methods of euthanasia are not acceptable. Decompression chambers are not allowed at all. Dogs and cats may not be euthanized by paralytic drugs or by gunshot unless it is an emergency situation (such as the dog attack in Yorkville). The man who shot his Jack Russell in Clinton an be charged under this law as well as others. Dogs and cats cannot be euthanized by any gas engine emissions. The case in Romulus with the puppy mill farmer killing his charges violates this law. The accepted method of euthanasia is by injection of sodium pentobarbital by a veterinarian, licensed veterinary technician or euthanasia technician.
Animals who are not in bad shape can be cared for by the organization where they are placed and eventually many will be available for adoption or possibly sold (as in the case of livestock). Animals who got loose unintentionally can be returned to their families. No animals may be sold or placed with research laboratories.
Courts may prohibit people accused of animal cruelty from owning pets or other animals for a period of time as well.
Statutes 375 and 376 discuss what to do with animals taken from fighting situations. If an officer is involved in a raid on a dog fighting ring for example, the dogs may all be taken. Unless the owners are acquitted of the charges, those dogs no longer belong to them. The court will decide how to handle their futures.
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