Section 374. Humane destruction or other disposition of animals lost, strayed, homeless, abandoned or improperly confined or kept

1.  Any  agent  or  officer of the American Society for the Prevention of Cruelty
  to Animals, or of any society duly incorporated for that purpose, or any
  police officer, may  lawfully  and  humanely  destroy  or  cause  to  be
  humanely  destroyed  any  animal  found abandoned and not properly cared
  for, or  any  lost,  strayed,  homeless  or  unwanted  animal,  if  upon
  examination  a  licensed veterinary surgeon shall certify in writing, or
  if two reputable citizens called by him to view the same in his presence
  find that the animal is so maimed, diseased, disabled, or infirm  so  as
  to  be  unfit for any useful purpose; or after such agent or officer has
  obtained in writing from the owner of such animal his  consent  to  such
  destruction.
    2. In the absence of such findings or certificate the American Society
  for   the   Prevention  of  Cruelty  to  Animals  or  any  society  duly
  incorporated for that purpose may after five days humanely  destroy  any
  animal  of  which  possession  is taken as provided for in the preceding
  section, unless the same is earlier redeemed by its owner.
    2-a. The use of a decompression chamber or decompression device of any
  kind is hereby declared to be inhumane when  used  for  the  purpose  of
  destroying an animal and is hereby prohibited.
    2-b.  No  person shall euthanize any dog or cat with T-61, curare, any
  curariform  drug,  any  neuro-muscular  blocking  agent  or  any   other
  paralyzing drug.
    2-c.  No  person  shall euthanize a dog or cat by gunshot except as an
  emergency procedure for a dangerous dog or a severely injured dog or cat
  that is suffering and cannot otherwise be aided.
    2-d. No person shall euthanize a dog or cat by gas  emitted  from  any
  engine exhaust system.
    2-e.  No  person  shall  release  any  dog  or cat from the custody or
  control of any pound, shelter, society for the prevention of cruelty  to
  animals,   humane  society,  dog  protective  association,  dog  control
  officer, peace officer or any agent  thereof,  for  any  purpose  except
  adoption or redemption by its owner.
    Any  violation of this subdivision, or subdivision two-a, two-b, two-c
  or two-d of this section shall constitute a  misdemeanor  and  shall  be
  punishable  by  imprisonment for not more than one year, or by a fine of
  not more than one thousand dollars, or by both.
    3. In lieu of such destruction or redemption, such society may in  its
  discretion  lawfully  and  without  liability  deliver  such  animal for
  adoption to an individual other  than  the  owner  after  the  time  for
  redemption has expired.
    4.  Prior  to  such destruction or other disposition, the owner of the
  animal may redeem the same upon proving title  to  the  satisfaction  of
  such  society  and  paying  such  society  such  amount,  approved  by a
  magistrate, as may have been reasonably  expended  by  such  society  in
  connection with the care and maintenance thereof.
    5.  a.  In  addition  to  any  other  penalty  provided  by  law, upon
  conviction for any violation of section three hundred  fifty-one,  three
  hundred   fifty-three,   three   hundred  fifty-three-a,  three  hundred
  fifty-three-b, three hundred fifty-five, three hundred fifty-six,  three
  hundred  fifty-nine, three hundred sixty, three hundred sixty-one, three
  hundred sixty-five or three hundred sixty-eight  of  this  article,  the
  convicted  person may, after a duly held hearing pursuant to paragraph f
  of this subdivision, be ordered by the  court  to  forfeit,  to  a  duly
  incorporated  society for the prevention of cruelty to animals or a duly
  incorporated humane society or authorized agents thereof, the animal  or
  animals  which  are  the  basis of the conviction. Upon such an order of

  forfeiture, the convicted person shall be deemed  to  have  relinquished
  all  rights to the animals which are the basis of the conviction, except
  those granted in paragraph d of this subdivision.
    b.  Pursuant to the provisions of subdivisions two-a, two-b, two-c and
  two-d of this  section,  no  dog  or  cat  in  the  custody  of  a  duly
  incorporated  society  for  the prevention of cruelty to animals, a duly
  incorporated humane society or its authorized agents thereof, or a pound
  or shelter, shall be sold, transferred or otherwise  made  available  to
  any  person  for the purpose of research, experimentation or testing. No
  authorized agent of a duly incorporated society for  the  prevention  of
  cruelty to animals, nor of a duly incorporated humane society, shall use
  any  animal  placed  in its custody by the duly incorporated society for
  the prevention of cruelty to animals or duly incorporated humane society
  for the purpose of research, experimentation or testing.
    c. The court may additionally order that the convicted person  or  any
  person dwelling in the same household who conspired, aided or abetted in
  the  unlawful  act which was the basis of the conviction, or who knew or
  should have known of the unlawful act, shall not own,  harbor,  or  have
  custody  or control of any other animals, other than farm animals, for a
  period of time which the court deems reasonable.
    d. In the case of farm animals, the court  may,  in  addition  to  the
  forfeiture  to a duly incorporated society for the prevention of cruelty
  to animals or a duly incorporated humane society  or  authorized  agents
  thereof,  and  subject  to  the  restrictions  of sections three hundred
  fifty-four and three hundred fifty-seven of this article, order the farm
  animals which were the basis of the conviction to be sold.  In  no  case
  shall  farm animals which are the basis of the conviction be redeemed by
  the convicted person who is the subject of the order of forfeiture or by
  any person dwelling in  the  same  household  who  conspired,  aided  or
  abetted  in  the  unlawful act which was the basis of the conviction, or
  who knew or should have known of  the  unlawful  act.  The  court  shall
  reimburse  the  convicted  person  and  any  duly  determined interested
  persons, pursuant to paragraph f of this subdivision, any  money  earned
  by  the  sale  of  the  farm  animals  less any costs including, but not
  limited to, veterinary and custodial care, and any  fines  or  penalties
  imposed  by  the  court. The court may order that the subject animals be
  provided with appropriate care and treatment pending the hearing and the
  disposition of the charges. Any farm animal ordered  forfeited  but  not
  sold  shall be remanded to the custody and charge of a duly incorporated
  society for the prevention of cruelty to animals  or  duly  incorporated
  humane  society or its authorized agent thereof and disposed of pursuant
  to paragraph e of this subdivision.
    e. A duly incorporated  society  for  the  prevention  of  cruelty  to
  animals  or  a  duly  incorporated  humane  society in charge of animals
  forfeited pursuant to paragraph  a  of  this  subdivision  may,  in  its
  discretion,  lawfully  and  without liability, adopt them to individuals
  other than the convicted person or person dwelling in the same household
  who conspired, aided or abetted in the unlawful act which was the  basis
  of the conviction, or who knew or should have known of the unlawful act,
  or  humanely dispose of them according to the provisions of subdivisions
  two-a, two-b, two-c, and two-d of this section.
    f. (1) Prior to an order of forfeiture  of  farm  animals,  a  hearing
  shall  be  held  within  thirty  days  of  conviction,  to determine the
  pecuniary interests of any other person in the farm animals  which  were
  the  basis  of  the  conviction. Written notice shall be served at least
  five days prior to the hearing upon all interested persons. In addition,
  notice shall be made by publication in a local newspaper at least  seven
  days  prior  to  the  hearing.  For  the  purposes  of this subdivision,

  interested persons shall mean any 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
  farm animals which are the subject of the forfeiture action.
    (2)  All  interested  persons  shall be provided an opportunity at the
  hearing to redeem their interest as  determined  by  the  court  in  the
  subject  farm  animals  and  to  purchase  the interest of the convicted
  person. The convicted person shall be  entitled  to  be  reimbursed  his
  interest in the farm animals, less any costs, fines or penalties imposed
  by  the court, as specified under paragraph d of this subdivision. In no
  case shall the court award custody or control  of  the  animals  to  any
  interested  person  who  conspired, aided or abetted in the unlawful act
  which was the basis of the conviction, or who knew or should have  known
  of the unlawful act.
    g.  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
  farm  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  farm animals or in the proceeds from the sale of
  such farm animals.