Animal Law
While most people think that the practice of animal law is advocating for the rights of animals, in actuality, the legal aspects of animal law cover a broad range of interactions between people, animals and animal-based organizations.
Animal Lawyers in Upstate NY
From insurance coverage issues, selecting the proper business entity, ensuring proper contractual protection and by analyzing and planning for the unique risks associated with an animal-based business, our office can provide the guidance you need to minimize risk and best protect your business, your employees and your personal assets.
Animal Law can involve issues of criminal law, business law, insurance coverage, family and custody law, property law, products liability, food safety, veterinary malpractice and personal injury. Almost every day of our lives we are in contact with an animal, animal business or animal-based products. Our simplest interactions with any of these can have sweeping legal consequences.
Practice Areas
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Frequently, animal-related businesses, farms and municipalities face issues with the New York State Agriculture and Markets Law and the various rules and regulations of the United States Food and Drug Administration (FDA). If you own or manage a business that is a farm, kennel, a private municipal shelter operating under the Agriculture and Markets Law, pet grooming facility or a niche business looking to produce animal feed, nutritional supplements or pet treats there are a multitude of regulations which must be addressed and complied with in terms of state and federal filings as well as having appropriate contractual terms in place with your vendors and distributors.
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A service animal often is a disabled person’s guide and link to the world. If you have been denied access to a public place, business or airport, we can help.
Discriminated against in employment due to your need for a service or therapy animal?
Also, a special law provides for compensation if a person’s negligence injures or kills a service animal.
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Denied coverage for your pet’s medical condition? We can help to contest the insurance company's denial of coverage.
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From existing not-for-profit companies to start-up animal rescue organizations, we can help guide you through the maze of state and federal regulations, achieve §501(c)(3) status as well as maintain your corporate standing. Establishing and running an effective not-for-profit corporation can seem overwhelming, each entity and its mission is different. We help determine and guide you to a successful organization structure.
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Municipalities in New York deal with animals and their owners on a daily basis. Starting in January of 2011, each municipality in New York is responsible for implementing and maintaining their own dog licensing program. Additionally, cities and towns must, by law, maintain a shelter or contract with a private kennel for shelter services. Pursuant to Agriculture and Markets rules and regulations this agreement must be a lease between the parties and contain very specific language.
Municipalities must also employ a Dog Control Officer (DCO), who can issue appearance tickets for zoning violations (for example, a leash law violation), can seize unlicensed dogs and who can bring and prosecute a proceeding in a local court under §123 of the Agriculture and Markets Law for a dangerous dog determination.
We have experience in drafting municipal agreements, dog licensing statutes and statutes involving zoning and regulation of animals and kennels.
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Recent developments in New York law afford both pets and their owners certain protections and benefits. It is now possible to create a “pet trust” as a portion of an estate plan to provide for the future care of your lifelong companion should you die or become disabled.
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Did you know that if you believe a person may cause harm to one of your pets it is now possible to get a Court enforceable Order of Protection for a pet?
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Did you know that New York has an “Animal Lemon Law” that protects consumers for purchases of domestic animals?
Existing Businesses
Are you an existing business that caters to animals and their owners? Are you thinking of opening a new business or expanding? Ask yourself these three questions:
Are you properly incorporated and shielded from personal liability?
Do you have proper insurance for your employees, your business and yourself in case of an accident or lawsuit?
Are you aware of all of the laws and regulations which impact an animal-related business?
If you have answered no to any of these questions or are unsure of the answer you should contact an attorney today to discuss these issues. Our firm understands the particular needs of municipalities, family farms, agribusiness and businesses that deal with animals.
Dangerous Dog Hearings
Have you been summoned to court for a Dangerous Dog hearing? It is important that you contact an attorney today to preserve your rights. Our firm has handled hundreds of "dangerous dog" proceedings all over New York State under both local laws and the State Agriculture and Markets Law.
Although we always strive to resolve every case in the most inexpensive and beneficial way for clients without going to trial, we prepare each case as though it is going to be tried and are ready to go the distance if a favorable outcome cannot be negotiated.
A dangerous dog proceeding can be brought to the local court in several ways. A private individual can complain to the local dog control officer ("DCO") about your animal and file a complaint, the DCO can bring an action if he or she has reason to suspect your dog as being “dangerous” or the court can make a dangerous dog determination on its own should facts warranting such a determination come before the Judge.
Understanding the Severity of a Dangerous Dog Hearing
If this is the first time you are ordered to appear in court here are a few things you should consider to protect your family's pet and yourself. Please understand, this ticket is SERIOUS, this is a real court, these are real charges, the consequences of these charges and a finding (or plea bargain) that your dog is dangerous can result in the judge imposing one or all of the following:
Seizure and placement of your dog in a municipal shelter (pound) of your dog pending hearing (at your expense)
Muzzling your dog;
Erecting a costly fence on your property;
Purchasing expensive and difficult to obtain liability insurance for your dog;
Court ordered euthanasia of the dog (putting to sleep);
Preventing contact between your dog and certain persons;
Having your dog spayed or neutered at your expense;
Having your dog microchipped at your expense;
Registering your dog with your municipality;
Fines and possible criminal penalties; and
Ordering you to attend obedience classes with your dog.
These penalties have a direct effect on you, including the possibility of: higher homeowner’s insurance premiums, increased personal liability, a loss of homeowner’s insurance coverage, out-of-pocket expenses and the possibility of the court ordering your dog euthanized should it commit another “dangerous” act in the future.
If this is the second time you are in court and your dog has previously been deemed dangerous under §123 (or formerly §121) of the Agriculture and Markets Law then in addition to the above, you are facing the following penalty:
Court-ordered Euthanization of your dog.
These are your rights under §123 of the Agriculture and Markets Law:
You have the right to a hearing within 5 days of the seizure of your dog;
You have the right to be represented by an attorney at all stages of the proceeding;
You have the right to confront your accuser in court and to cross-examine witnesses;
You have the right to call witnesses on your behalf, including experts such as a person who specializes in animal behavior or a veterinarian; and
You have the right to contest these charges.
Rescue Organizations
From existing not-for-profit companies to start-up animal rescue organizations, we can help guide you through the maze of state and federal regulations, achieve and maintain §501(c)(3) status as well as maintain your corporate standing with New York State and the Attorney General's Office Charities Bureau.
Animal Rescues and Humane Societies are a unique "breed" of non-profits that face different challenges than other non-profits. Our team is experienced in preparing municipal shelter agreements as well as in working with clients, the District Attorney and law enforcement to successfully have seized animals forfeited by the filing of Agriculture and Markets Sec. 373 Security Bonds.
SPCA organizations are also unique. Often empowered with law enforcement investigative and arrest power, these private corporations are subject to public scrutiny as well as regulation and oversight by the FBI, New York State Department of Criminal Justice Services, the New York State Attorney General and the Secretary of State. These organizations have a maze of regulatory compliance levels, training standards and must function in conjunction with local, state and federal law enforcement. Typically only one of these organizations are permitted per county.
We have successfully incorporated fully functional law enforcement-capable SPCA organizations and represent several such organizations with their day-to-day operational needs. If you are a board member of an SPCA organization that is looking for guidance, please contact us today.
Animal Law Resources
