Wednesday December 10: Allegany County Legislature meets, holds two public hearings

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A public hearing on the local law to establish an Animal Abuse Registry is at 2pm

By Andrew Harris

The full Allegany County board of legislators will meet for regular monthly meetings Belmont NY.

At 12:45pm, the Public Safety Committee will convene to review and approve an agreement for the Office of Emergency Services. Ways and Means committee members plan to meet directly after that at 1pm, read the agenda for that meeting below:

Ways and Means 12-10-25

The full legislature will open the public hearings at 2pm. The first is a hearing to allow the public to comment on the proposed local law to establish an Animal Abuse Registry in Allegany County. Read more about that new local law from our previous reporting and read the law in full below. The law is expected to pass with broad support.

https://www.alleganyco.gov/wp-content/uploads/December-10-2025-Board-Packet.pdf

Intro. No.  5-2025                                                                                                 Print No. 1

A LOCAL LAW ESTABLISHING THE ALLEGANY COUNTY ANIMAL ABUSER REGISTRY

          BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows:

Section 1. Legislative Intent. It is the intent of this Local Law to establish a registry of individuals in Allegany County who have abused animals.

Cruelty is a serious problem resulting in the abuse of many animals each year. Although New York State criminalized the cruel treatment of animals, animal abuse and cruelty continues to occur, including in Allegany County. Studies show that people who have abused animals in the past are likely to do so in the future and there is nearly a 100 percent recidivism rate for certain types of abuse, such as animal hoarding. It is documented that individuals who abuse animals are statistically more likely to commit violent acts against humans, and there is a strong correlation linking individuals who abuse animals with incidents of domestic violence. Animals need to be protected from potential abusers, and there should be a mechanism to prevent such abusers from obtaining animals after they are found guilty of animal abuse and/or neglect. The Allegany County Board of Legislators hereby finds and determines that it is in the best interests of the residents of Allegany County and their animals to establish an online registry which identifies individuals residing in Allegany County who have been convicted of animal abuse crimes in order to prohibit said individuals from adopting, purchasing, being in possession of, or otherwise obtaining animals from any person, animal shelter, pet seller, or other entity involved in the exchange of animals by adoption, sale, or other means.

Section 2. Definitions.  As used in this Local Law, the following terms shall have the following meanings as indicated:

 2.1 “Animal Abuse Crime” shall mean any of the following crimes:

  1. A violation of any of the following provisions of New York State Agriculture and Markets

Law Article 26:

  1. Section 351 – Prohibition of animal fighting;
  2. Section 353 – Overdriving, torturing and injuring animals; failure to provide proper sustenance;
  3. Section 353-a – Aggravated cruelty to animals;
  4. Section 355 – Abandonment of animals;
  5. Section 356 – Failure to provide proper food and drink to impounded animal;
  6. Section 359 – Carrying animal in a cruel manner;
  7. Section 360 – Poisoning or attempting to poison animals;
  8. Section 361 – Interference with or injury to certain domestic animals;
  9. Section 362 – Throwing substance injurious to animals in public place;
  10. Section 365 – Clipping or cutting the ears of dogs;
  11. Section 366 – Companion animal stealing; and
  12. Section 366-a – Removing, seizing, or transporting dogs for research purposes.
  13.  Sexual misconduct with an animal, in violation of New York State Penal Law Section 130.20(a);
  • Harming a service animal, in violation of New York State Penal Law Sections 242.10 and 242.15;
  • Killing or injuring a police animal, in violation of New York State Penal Law Section 195.06; and
  • Harming an animal trained to aide a person with a disability, in violation of New York State Penal Law Section 195.12.

  2.2. “Animal” shall mean any living mammal (except human being), bird, reptile, amphibian, or fish.

  2.3  “Animal Abuse Offender” shall mean any person eighteen (18) years of age or older convicted of an Animal Abuse Crime, except youthful offenders whose adjudications include these records. Animal Abuse Offender can also include any person that agrees to a Voluntary Placement Agreement to be placed on the Animal Abuser Registry as part of or ancillary to a legal case.

2.4   “Animal Abuser Registry” shall mean the online registry established by this Local Law for registering any person residing in Allegany County convicted of an Animal Abuse Crime or any person who agrees to a Voluntary Placement Agreement to be placed on the Animal Abuser Registry.

2.5  “Animal Shelter” shall mean any publicly or privately owned organization including, but not limited to, any duly incorporated humane society, pound, animal protective association, or animal rescue group which maintains buildings, structures, or other property for the purpose of harboring animals that may be stray, unwanted, lost, abandoned, or abused, and seeks to find the appropriate temporary or permanent home for such animals.

2.6  “Conviction” shall mean an adjudication of guilt by any court of competent jurisdiction whether upon verdict after trial, plea of guilty, or nolo contender plea.

2.7  “Pet Seller” shall mean any person, partnership, corporation, or other entity which offers animals for sale or is engaged in the sale, exchange, or other transfer of ownership of animals.

2.8  “Service Animal” shall mean any animal that has been individually trained to do work or perform tasks for people with disabilities under the Americans with Disabilities Act (“ADA”).

2.9  “Voluntary Placement Agreement” shall mean any time a person agrees to plead guilty to a lesser offense and agrees to be placed on the Animal Abuser Registry, or when a person, as part of a legal case, agrees to be placed on the Animal Abuser Registry.

Section 3. Establishing an Animal Abuser Registry.  The Allegany County Sheriff, or its designee, is hereby directed to establish an online Animal Abuser Registry that shall contain the names, resident addresses, Animal Abuse Crime(s), and date of Conviction(s) or Voluntary Placement Agreement(s) of all Animal Abuse Offenders living in Allegany County who are convicted of an Animal Abuse Crime or who agree to a Voluntary Placement Agreement on or after the effective date of this Local Law. The online Animal Abuser Registry will be maintained by the Allegany County Sheriff’s Office, and a link to the Registry shall be found on the Allegany County Sheriff’s Office page located on Allegany County’s official website, www.alleganyco.gov/departments/sheriffs-office.  The online Animal Abuser Registry shall also contain links to other county Animal Abuser Registries that become available, or as they become available, in the State of New York, with such other county Animal Abuser Registries to be used as informational resources by Animal Shelters, Pet Sellers, or other persons with entities located in Allegany County.

The Animal Abuser Registry shall contain the required information about each Animal Abuse Offender for a period of twenty (20) years following the Animal Abuse Offender’s release from incarceration for an Animal Abuse Crime or, if not incarcerated, from the date of its Conviction of an Animal Abuse Crime or the date of its signed Voluntary Placement Agreement. Any current or previously registered Animal Abuse Offender who is convicted of a subsequent Animal Abuse Crime shall be placed on the Animal Abuser Registry for life following a second Conviction.

If an Animal Abuse Offender successfully appeals its Conviction of an Animal Abuse Crime and said Crime required the Animal Abuse Offender to register on the Animal Abuser Registry pursuant to this Local Law, then the Allegany County Sheriff’s Office, upon receiving notification, shall remove the registration information for said Offender from the Animal Abuser Registry within five (5) business days. If an Animal Abuse Offender’s Conviction(s) are eligible to be automatically sealed under the State of New York’s Clean Slate Act (Criminal Procedure Law Section 160.57), then the Allegany County Sheriff’s Office, upon notification, shall remove the registration information of the Animal Abuser Offender from the Animal Abuser Registry within five (5) business days and said records shall be sealed pursuant to the law.

Section 4. Registry Requirements.

4.1  All Animal Abuse Offenders who reside in Allegany County and who are convicted of an Animal Abuse Crime or who agree to a Voluntary Placement Agreement on or after the effective date of this Local Law must register with the Animal Abuser Registry within five (5) days of their release from incarceration or, if not incarcerated, from the date of their Conviction or from the date of their signed Voluntary Placement Agreement.

 4.2   When a person is convicted of an Animal Abuse Crime or agrees to a Voluntary Placement Agreement, the court shall forward to the Allegany County Sheriff’s Office the name and resident address of the person, the name of the Animal Abuse Crime(s) for which the person was convicted, and a copy of the Conviction(s) or the Voluntary Placement Agreement, thereby notifying the Allegany County Sheriff’s Office that the person is required to register with the Animal Abuser Registry as an Animal Abuse Offender.

4.3   Each person required to register with the Animal Abuser Registry as an Animal Abuse Offender shall submit to the Allegany Sheriff’s Office, on a designated form prepared by said Office, the following information:

  a. its name and any aliases it may be known by;

  b. its resident address;

  c. its date of birth; and

  d. a photograph of the front of its head and shoulders that is not less than 2” by 3” or

      a digital image commonly known as a digital photograph of its head and shoulders.

4.4   Every person required to register with the Animal Abuser Registry shall pay a fee of One Hundred Twenty-Five Dollars ($125) to the Allegany County Sheriff’s Office at the time of registration. All fees collected shall be used to help pay administrative and maintenance costs associated with maintaining the Animal Abuser Registry.

4.5  The Allegany County Sheriff is directed to promulgate such rules and regulations as necessary to implement the Animal Abuser Registry.

         Section 5. Prohibited Acts and Required Registry Checks.

         5.1  No Animal Abuse Offender shall possess, own, adopt, or purchase an animal.

         5.2  No Animal Shelter, Pet Seller, or other person or entity located in Allegany County shall sell, exchange, or otherwise transfer the ownership of any animal or any person having resided in Allegany County and listed as an Animal Abuse Offender on the Animal Abuser Registry, nor shall such Animal Abuse Offender be allowed to retain possession of any currently owned animals.

        5.3  Prior to the sale, exchange, or other transfer of ownership of any animal, the Animal Shelter, Pet Seller, or other person or entity is required to examine the Animal Abuser Registry to confirm that the name of potential owner of the animal is not listed.

        5.4   This section of the Local Law shall not apply to Service Animals for people with disabilities.     

        Section 6.  Penalties. 

        6.1  Any Animal Abuse Offender required to register with the Animal Abuser Registry who fails to do so shall be guilty of a misdemeanor punishable by incarceration for a period of not more than one (1) year and/or a fine not to exceed Five Thousand Dollars ($5,000).

       6.2  Any Animal Abuse Offender who violates the prohibition against possessing, owning, adopting, or purchasing an animal, except for Service Animals for people with disabilities, as set forth in section 5 of this Local Law, shall be guilty of a misdemeanor punishable by incarceration for a period of not more than one (1) year and/or a fine not to exceed Ten Thousand Dollars ($10,000).

         6.3  Any Animal Shelter, Pet Seller, or other person or entity that knowingly or with reckless indifference violates section 5 of this Local Law shall be guilty of a violation.

         6.4   It shall not be a violation if the Animal Shelter or Pet Seller examined the Animal Abuser Registry prior to the sale, exchange, or transfer of ownership of any animal under section 5 of this Local Law and the name of the Animal Abuse Offender did not appear on the list.

        6.5    The District Attorney shall be directed to prosecute this Local Law.

        Section 7. Severability. If any clause, sentence, paragraph, section, subdivision, or other part of this Local Law or its applications shall be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or likewise invalidate the remainder of this Local Law, which shall remain in full force and effect.

       Section 8. Effective Date. This Local Law shall take effect on January 1, 2026, upon filing and publication in accordance with Section 27 of the Municipal Home Rule Law.

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