Full Statute Name:  Mckinney's Consolidated Laws of New York Annotated. Agriculture and Markets Law. Chapter 69 Of the Consolidated Laws. Article 25-B. § 370. Protection of the public from attack by wild animals and reptiles

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Primary Citation:  McKinney's Agriculture and Markets Law § 370 Country of Origin:  United States Last Checked:  January, 2024 Alternate Citation:  NY AGRI & MKTS § 370 Date Adopted:  1971 Historical: 
Summary: This New York law provides that any person who owns or possesses a wild animal or reptile capable of inflicting bodily harm upon a human being, who fails to exercise due care in safeguarding the public from attack by such wild animal or reptile, is guilty of a misdemeanor. The punishment for violation is imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both. The second part of the law imposes strict liability upon owners of dangerous wild animals.

Any person owning, possessing or harboring a wild animal or reptile capable of inflicting bodily harm upon a human being, who shall fail to exercise due care in safeguarding the public from attack by such wild animal or reptile, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both. "Wild animal" within the meaning of this section, shall not include a dog or cat or other domestic animal.

Previous attacks upon a human being by such wild animal or reptile, or knowledge of the vicious propensities of such wild animal or reptile, on the part of the possessor or harborer thereof, shall not be required to be proven by the people upon a prosecution hereunder; and neither the fact that such wild animal or reptile has not previously attacked a human being, nor lack of knowledge of the vicious propensities of such wild animal or reptile on the part of the owner, possessor or harborer thereof shall constitute a defense to a prosecution hereunder.

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(Added L.1965 c. 1047, § 3.)

(See also NY ENVIR CONSER § 11-0101 - 11-0113).

 

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