[Adopted 9-15-2015 by L.L. No. 12-2015]
A.
The Ulster County Legislature (the "Legislature") hereby finds that
animal cruelty is a serious problem, resulting in the abuse and neglect
of thousands of animals each year in the United States.
B.
The Legislature also finds that while New York State has criminalized
the cruel treatment of animals, animal abuse continues to occur in
Ulster County and throughout the state.
C.
The Legislature also finds that people who have abused animals in
the past are likely to do so in the future, and studies show that
there is a near 100% recidivism rate for certain types of abuse, such
as animal hoarding.
D.
The Legislature finds that, statistically, individuals who abuse
animals are more likely to commit violent acts against humans.
E.
The Legislature also finds that a strong correlation has been established
linking individuals who abuse animals with incidents of domestic violence.
F.
The Legislature further finds that it is in the best interests of
Ulster County residents to establish an animal abuse registry to identify
individuals who abuse animals and who, therefore, may be more likely
to commit other acts of violence, and to prevent these individuals
from adopting, purchasing, or otherwise obtaining animals by adoption,
sale, or other means.
G.
Therefore, the purpose of enacting this article is to establish an
online registry for individuals who are convicted of animal abuse
and neglect crimes.
As used in this article, the following terms shall have the
meanings indicated:
The commission of the following enumerated crimes against
an animal:
Animal fighting, as defined in the New York State Agriculture
and Markets Law (hereinafter "AML") § 351;
Overdriving, torturing, and injuring animals; failure to provide
proper sustenance, as defined in AML § 353;
Aggravated cruelty to animals, as defined in AML § 353-a;
Electrocution of fur bearing animals, as defined in AML § 353-C;
Abandonment of animals, as defined in AML § 355;
Failure to provide proper food and drink to an impounded animal,
as defined in AML § 356;
Poisoning or attempting to poison animals, as defined in AML
§ 360;
Interference with or injury to certain domestic animals, as
defined in AML § 361;
Clipping or cutting the ears of dogs, as defined in AML § 365;
Companion animal stealing, as defined in AML § 366(3);
Removing, seizing or transporting dogs for research purposes,
as defined in AML § 366-a;
Operating upon tails of horses, in violation of AML § 368;
Sexual misconduct with an animal, as defined by New York State
Penal Law (hereinafter "PL") § 130.20(3);
Harming an animal trained to aid a person with a disability,
as defined by PL § 195.11;
Killing or injuring a police animal, as defined by PL § 195.12;
Harming a service animal in the second degree, as defined by
PL § 242.10;
Harming a service animal in the first degree, as defined by
PL § 242.15.
An adjudication of guilty by any court of competent jurisdiction,
whether upon a verdict of guilty or a plea of guilty.
The online registry established by this article for registering
any person living in Ulster County convicted of an animal abuse crime.
A registry is hereby created which shall contain the names and
residence information of individuals who are convicted of animal abuse
crimes. The Ulster County District Attorney is hereby authorized and
empowered to contract with qualified organizations dedicated to animal
protection, rescue, and/or preventing animal abuse to establish and
maintain a publicly accessible registry for such individuals. All
fees collected by Ulster County shall be used for the maintenance
and administration of the registry.
A.
All persons 18 years of age or older who reside in Ulster County
and are convicted of an animal abuse crime on or after the effective
date of this article must register with the Ulster County Animal Abuse
Registry at the office of the Ulster County District Attorney, or
the office of his or her authorized agent, within 10 days following
their release from incarceration or, if not incarcerated, from the
date of conviction.
B.
The Ulster County District Attorney, or his or her authorized agent,
shall promptly notify all persons convicted of animal abuse crimes
in Ulster County that they must register with the Ulster County Animal
Abuse Registry within 10 days following their release from incarceration
or, if not incarcerated, from the date of conviction.
D.
Each person registered with the Ulster County Animal Abuse Registry
shall update his or her registration information within 10 days of
moving from one residential address to another.
E.
For the first conviction of an animal abuse crime, a person required
to register with the Ulster County Animal Abuse Registry shall remain
on the registry for 15 years following his or her release from incarceration
or the date of conviction, whichever is later. For a second conviction,
and any convictions thereafter, a registered person shall remain permanently
on the registry.
F.
Upon notification to the Ulster County District Attorney's office,
or his or her authorized agent, of a successful appeal of a conviction
of an animal abuse crime by an individual that has been required to
register pursuant to this article, the registration information for
that individual shall be removed from the Ulster County Animal Abuse
Registry within five days following the notification.
A.
The Ulster County District Attorney, or his or her authorized agent,
shall make the Animal Abuse Registry available to the Ulster County
Child Protective Services and the Department of Social Services, and
is authorized to make the registry available to any state, regional,
or national government-operated registry of animal abusers for the
purpose of sharing information.
B.
The Ulster County District Attorney, or his or her authorized agent,
may accept files from any state, regional, or national registry of
animal abusers.
C.
The Ulster County District Attorney, or his or her authorized agent,
is authorized to make the registry information available within a
reasonable amount of time to any animal registry.
Every person required to register with the Animal Abuse Registry
shall pay a fee of $100 to Ulster County at the time of registration.
These funds will be used to pay the administrative costs of maintaining
the registry.
The Ulster County District Attorney is hereby authorized and
empowered to promulgate such rules and regulations as are necessary
to implement this article.
Any person required to register with the Ulster County Animal
Abuse Registry who fails to so register shall be guilty of a violation
punishable by a fine of not less than $100 and not more than $250;
or imprisonment for not more than 15 days; or both. Violations under
this article shall be prosecuted by the Ulster County District Attorney's
Office and shall be adjudicated by a court of competent jurisdiction.
This article shall apply to all persons convicted of an animal
abuse crime on or after the effective date of this article.
