Section 373. Seizure of animals lost, strayed, homeless, abandoned or improperly confined or kept

1. Any police officer or agent  or  officer  of  the American Society for the Prevention of Cruelty to Animals or any
  duly incorporated society for the prevention of cruelty to animals,  may
  lawfully  take  possession  of  any lost, strayed, homeless or abandoned
  animal found in any street, road or other public place.
    1-a. Any police officer in Lewis county may lawfully  take  possession
  of  any lost, strayed, homeless or abandoned domestic animal, as defined
  in section one hundred eight of this chapter, found in any street,  road
  or other public place.
    2.  Any such police officer or agent or officer may also lawfully take
  possession of any animal in or upon any premises other  than  a  street,
  road  or other public place, which for more than twelve successive hours
  has been confined or kept in a crowded  or  unhealthy  condition  or  in
  unhealthful  or  unsanitary  surroundings  or  not properly cared for or
  without necessary sustenance, food or drink, provided that  a  complaint
  stating just and reasonable grounds is made under oath or affirmation to
  any  magistrate authorized to issue warrants in criminal cases, and that
  such warrant authorizing entry and search is  issued  and  delivered  by
  such  magistrate;  if just and reasonable cause is shown, the magistrate
  shall immediately issue such warrant.
    3. Any such police officer or agent or officer may also lawfully  take
  possession  of  any  unwanted  animal  from  the person in possession or
  custody thereof.
    4. When any person arrested is, at the time of such arrest, in  charge
  of  any  animal or of any vehicle drawn by or containing any animal, any
  agent or officer of said society or societies or any police officer  may
  take  charge  of  such  animal and of such vehicle and its contents, and
  deposit the same in a safe place or custody, or deliver  the  same  into
  the  possession  of the police or sheriff of the county or place wherein
  such arrest was made, who shall thereupon assume  the  custody  thereof;
  and  all  necessary  expenses incurred in taking charge of such property
  shall be a charge thereon.
    5. Nothing herein contained  shall  restrict  the  rights  and  powers
  derived  from  section  one hundred eighteen of this chapter relating to
  seizure of unlicensed dogs and the disposition to be made of animals  so
  seized or taken, nor those derived from any other general or special law
  relating  to  the seizure or other taking of dogs and other animals by a
  society for the prevention of cruelty to animals.
    6. a. If any animal is seized and impounded pursuant to the provisions
  of this section, section three hundred fifty-three-d of this article  or
  section  three hundred seventy-five of this article for any violation of
  this article, upon arraignment of charges the duly incorporated  society
  for  the prevention of cruelty to animals, humane society, pound, animal
  shelter or any authorized agents thereof, hereinafter  referred  to  for
  the  purposes of this section as the "impounding organization", may file
  a petition with the court requesting that the person from whom an animal
  is seized or the owner of the animal be ordered to post a security.  The
  security  shall  be  in  an  amount sufficient to secure payment for all
  reasonable  expenses  expected  to  be  incurred   by   the   impounding
  organization  in caring and providing for the animal pending disposition
  of the charges. Reasonable expenses shall include, but  not  be  limited
  to,  estimated  medical  care  and  boarding  of the animal for at least
  thirty days. The amount of the security, if any, shall be determined  by
  the  court  after  taking  into  consideration  all  of  the  facts  and
  circumstances  of  the  case  including,  but   not   limited   to   the
  recommendation of the impounding organization having custody and care of
  the  seized  animal and the cost of caring for the animal. If a security

  has  been  posted  in  accordance  with  this  section,  the  impounding
  organization  may  draw from the security the actual reasonable costs to
  be incurred by such organization in caring for the seized animal.
    b.  (1)  Upon  receipt  of  a petition pursuant to paragraph a of this
  subdivision the court  shall  set  a  hearing  on  the  petition  to  be
  conducted  within  ten business days of the filing of such petition. The
  petitioner shall serve a true copy of the petition  upon  the  defendant
  and  the  district attorney. The petitioner shall also serve a true copy
  of  the  petition  on  any  interested  person.  For  purposes  of  this
  subdivision,  interested  person  shall mean an individual, partnership,
  firm, joint stock company, corporation, association,  trust,  estate  or
  other  legal  entity  who  the  court  determines  may  have a pecuniary
  interest in the animal  which  is  the  subject  of  the  petition.  The
  petitioner  shall  have  the burden of proving by a preponderance of the
  evidence that the person from whom the  animal  was  seized  violated  a
  provision  of this article. The court may waive for good cause shown the
  posting of security.
    (2) If the court orders the posting of a security, the security  shall
  be  posted  with the clerk of the court within five business days of the
  hearing provided for in subparagraph one of this  paragraph.  The  court
  may  order  the  immediate  forfeiture  of  the  seized  animal  to  the
  impounding organization if the person ordered to post the security fails
  to do so. Any animal forfeited shall be made available for  adoption  or
  euthanized  subject  to  subdivision  seven-a  of  section  one  hundred
  eighteen of this chapter or section three hundred seventy-four  of  this
  article.
    (3)  In the case of an animal other than a companion animal or pet, if
  a person ordered to post security fails to do  so,  the  court  may,  in
  addition  to  the  forfeiture  to  a  duly  incorporated society for the
  prevention of cruelty to animals, humane society, pound, animal  shelter
  or  any  authorized  agents  thereof, and subject to the restrictions of
  sections three hundred fifty-four, three hundred fifty-seven  and  three
  hundred  seventy-four  of  this  article, order the animal which was the
  basis of the order to be sold,  provided  that  all  interested  persons
  shall  first be provided the opportunity to redeem their interest in the
  animal and to purchase the  interest  of  the  person  ordered  to  post
  security,  subject  to such conditions as the court deems appropriate to
  assure proper care and treatment of the animal. The court may  reimburse
  the person ordered to post security and any interested persons any money
  earned  by  the  sale  of  the  animal less any costs including, but not
  limited to, veterinary and custodial care. Any animal determined by  the
  court  to  be maimed, diseased, disabled or infirm so as to be unfit for
  sale or any useful purpose shall be forfeited  to  a  duly  incorporated
  society  for the prevention of cruelty to animals or a duly incorporated
  humane society or  authorized  agents  thereof,  and  be  available  for
  adoption  or  shall  be  euthanized  subject  to  section  three hundred
  seventy-four of this article.
    (4) Nothing in this section shall be construed to limit or restrict in
  any way the rights of a secured party having a security interest in  any
  animal described in this section. This section expressly does not impair
  or  subordinate  the  rights  of such a secured lender having a security
  interest in the animal or in the proceeds from the sale of such animal.
    c. In no event shall the security prevent the impounding  organization
  having  custody  and  care  of  the  animal from disposing of the animal
  pursuant to section three hundred seventy-four of this article prior  to
  the  expiration  of the thirty day period covered by the security if the
  court makes a determination of the charges against the person from  whom
  the animal was seized prior thereto. Upon receipt of a petition from the

  impounding  organization,  the  court may order the person from whom the
  animal was seized or the owner of  the  animal  to  post  an  additional
  security  with  the  clerk  of the court to secure payment of reasonable
  expenses for an additional period of time pending a determination by the
  court of the charges against the person from whom the animal was seized.
  The  person who posted the security shall be entitled to a refund of the
  security in whole  or  part  for  any  expenses  not  incurred  by  such
  impounding organization upon adjudication of the charges. The person who
  posted  the security shall be entitled to a full refund of the security,
  including reimbursement by the impounding  organization  of  any  amount
  allowed by the court to be expended, and the return of the animal seized
  and  impounded  upon acquittal or dismissal of the charges, except where
  the dismissal is based upon an adjournment in contemplation of dismissal
  pursuant to section 215.30 of the  criminal  procedure  law.  The  court
  order  directing such refund and reimbursement shall provide for payment
  to be made within a reasonable time from the acquittal or  dismissal  of
  charges.
    7.  Notwithstanding  any  other  provision  of  this  section  to  the
  contrary, the court may order a person charged  with  any  violation  of
  this  article to provide necessary food, water, shelter and care for any
  animal which is the basis of the charge,  without  the  removal  of  the
  animal  from its existing location, until the charges against the person
  are adjudicated.  Until a final determination of the  charges  is  made,
  any  law enforcement officer, officer of a duly incorporated society for
  the prevention of cruelty to animals, or its authorized agents,  may  be
  authorized  by an order of the court to make regular visits to where the
  animal is being kept to ascertain if the animal is  receiving  necessary
  food, water, shelter and care. Nothing shall prevent any law enforcement
  officer,  officer  of  a duly incorporated society for the prevention of
  cruelty to animals, or  its  authorized  agents,  from  applying  for  a
  warrant  pursuant  to this section to seize any animal being held by the
  person charged  pending  the  adjudication  of  the  charges  if  it  is
  determined  that  the animal is not receiving the necessary food, water,
  shelter or care.