Proposed NYS Anti-docking legislation

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Proposed NYS Anti-docking legislation

Postby spinster » Wed Mar 13, 2013 5:48 pm

Read more: http://open.nysenate.gov/legislation/bill/A3428-2013

Section 1. The agriculture and markets law is amended by adding a new
section 365-a to read as follows:



S 365-A. DOCKING DOG TAILS; UNLAWFUL. 1. ANY PERSON WHO CUTS THE BONE,
TISSUES, MUSCLES OR TENDONS OF THE TAIL OF ANY DOG, OR OTHERWISE OPER
ATES UPON IT IN ANY MANNER FOR THE PURPOSE OR WITH THE EFFECT OF DOCKING
OR OTHERWISE ALTERING THE NATURAL CARRIAGE OR LENGTH OF THE TAIL, OR
ASSISTS, PROCURES, PROMOTES OR ENCOURAGES SUCH CUTTING OR OPERATION FOR
REASONS OTHER THAN TO PROTECT THE LIFE OR HEALTH OF THE DOG AS DEEMED
NECESSARY BY A DULY LICENSED VETERINARIAN, IS GUILTY OF A MISDEMEANOR
PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS.
2. ANY PERSON WHO SHOWS OR EXHIBITS A DOG, THE TAIL OF WHICH HAS BEEN
CUT, ALTERED OR OPERATED UPON IN THE MANNER REFERRED TO IN SUBDIVISION
ONE OF THIS SECTION, AT A SHOW OR OTHER EXHIBITION IN THIS STATE OR WHO
ENCOURAGES, PROCURES OR SPONSORS SUCH AN EXHIBITION, IS GUILTY OF A
MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS.

3. ANY DOG OWNER WHO IS INJURED OR DAMAGED IN ANY WAY BY A VIOLATION
OF THE FOREGOING PROVISIONS OF THIS SECTION, OR ANY NEW YORK ANIMAL
RIGHTS ORGANIZATION, MAY INSTITUTE AND MAINTAIN IN THE SUPREME COURT OF
THIS STATE A PRIVATE RIGHT OF ACTION, INCLUDING A PROCEEDING FOR A
DECLARATORY JUDGMENT, TO OBTAIN REDRESS FOR SUCH INJURY OR VIOLATION.
4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY DOG OR PERSON
WHO IS THE OWNER OR POSSESSOR OF ANY DOG WHOSE TAIL HAS BEEN CERTIFIED
AS HAVING BEEN DOCKED, CUT OR ALTERED PRIOR TO AUGUST FIRST, TWO THOU
SAND THIRTEEN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04563-01-3
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