Animal Cruelty
Stop Animal Abuse Within the Town of Brookhaven


Animal Cruelty and Abuse is not only wrong, it is against the law!


If an animal is being neglected, abused or cruelly treated within the Brookhaven Township, report this immediately, please call the Suffolk County SPCA.
The Brookhaven Animal Shelter & Adoption Center staff is dedicated to helping the pets in our township. The animal shelter is responsible for the enforcement of Article 7 of the New York State Agriculture and Market laws.

Depending on the severity of Animal Cruelty or Aggravated Cruelty the charges can range from a Misdemeanor to Felony charge with up to 2 years of jail time.

The following are NYS Laws:

351. Prohibition of animal fighting
  1. For purposes of this section, the term "animal fighting" shall mean any fight between cocks or other birds, or between dogs, bulls, bears or any other animals, or between any such animal and a person or persons, except in exhibitions of a kind commonly featured at rodeos.
  2. Any person who engages in any of the following conduct is guilty of a felony and is punishable by imprisonment for a period not to exceed four years, or by a fine not to exceed twenty-five thousand dollars, or by both such fine and imprisonment:
    • a. For amusement or gain, causes any animal to engage in animal fighting; or
    • b. Trains any animal under circumstances evincing an intent that such animal engage in animal fighting for amusement or gain; or
    • c. Permits any act described in paragraph (a) or (b) of this subdivision to occur on premises under his control; or
    • d. Owns, possesses or keeps any animal trained to engage in animal fighting on premises where an exhibition of animal fighting is being conducted under circumstances evincing an intent that such animal engage in animal fighting.
  3. (a) Any person who engages in conduct specified in paragraph (b) of this subdivision is guilty of a misdemeanor and is punishable by imprisonment for a period not to exceed one year, or by a fine not to exceed fifteen thousand dollars, or by both such fine and imprisonment.
    (b) The owning, possessing or keeping of any animal under circumstances evincing an intent that such animal engage in animal fighting.
  4. (a) Any person who engages in conduct specified in paragraph (b) hereof is guilty of a misdemeanor and is punishable by imprisonment for a period not to exceed one year, or by a fine not to exceed one thousand dollars, or by both such fine and imprisonment.
  5. (b) The knowing presence as a spectator having paid an admission fee or having made a wager at any place where an exhibition of animal fighting is being conducted.
353. Overdriving, torturing and injuring animals; failure to provide proper sustenance.
A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both.

Nothing herein contained shall be construed to prohibit or interfere with any properly conducted scientific tests, experiments or investigations, involving the use of living animals, performed or conducted in laboratories or institutions, which are approved for these purposes by the state commissioner of health. The state commissioner of health shall prescribe the rules under which such approval shall be granted, including therein standards regarding the care and treatment of any such animals. Such rules shall be published and copies thereof conspicuously posted in each such laboratory or institution. The state commissioner of health or his duly authorized representative shall have the power to inspect such laboratories or institutions to insure compliance with such rules and standards. Each such approval may be revoked at any time for failure to comply with such rules and in any case the approval shall be limited to a period not exceeding one year.

353-a Aggravated Cruelty to Animals (As a Felony) 
1. A person is guilty of aggravated cruelty to animals when, with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty. For purposes of this section, "aggravated cruelty" shall mean conduct which: (i) is intended to cause extreme physical pain; or (ii) is done or carried out in an especially depraved or sadistic manner.

2. Nothing contained in this section shall be construed to prohibit or interfere in any way with anyone lawfully engaged in hunting, trapping, or fishing, as provided in article eleven of the environmental conservation law, the dispatch of rabid or diseased animals, as provided in article twenty-one of the public health law, or the dispatch of animals posing a threat to human safety or other animals, where such action is otherwise legally authorized, or any properly conducted scientific tests, experiments, or investigations involving the use of living animals, performed or conducted in laboratories or institutions approved for such purposes by the commissioner of health pursuant to section three hundred fifty-three of this article.

3. Aggravated cruelty to animals is a felony. A defendant convicted of this offense shall be sentenced pursuant to paragraph (b) of subdivision one of section 55.10 of the penal law provided, however, that any term of imprisonment imposed for violation of this section shall be a definite sentence, which may not exceed two years.

353B Shelter for Dogs 
Requires that owners and caretakers of dogs left outdoors in inclement weather provide the dogs with shelter appropriate to breed, physical condition and the climate. Minimum standards for adequate shelter include a permanent structure with a waterproof roof, structural soundness, sufficient insulation to protect from inclement weather, space to make normal postural movements, freedom from excessive dirt, trash or waste and a clean surrounding area that does not threaten the well-being of the dog. Authorizes seizure of a dog where the law is violated, and does not permit return of the dog unless owner provides proof that shelter in compliance with the law is being provided. Violations trigger a series of escalating fines, which the court can reduce by an amount the owner or custodian proves he or she spent to correct the deficiencies in the dog’s shelter.

355 Abandonment of animals 
A person being the owner or possessor, or having charge or custody of an animal, who abandons such animal, or leaves it to die in a street, road or public place, or who allows such animal, if it becomes disabled, to lie in a public street, road or public place more than three hours after he receives notice that it is left disabled, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both.

359 Carrying animal in cruel manner
 A person who carries or causes to be carried in or upon any vessel or vehicle or otherwise, any animal in a cruel or inhumane manner, or so as to produce torture, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both.

360. Poisoning or attempting to poison animals
A person who unjustifiably administers any poisonous or noxious drug or substance to a horse, mule or domestic cattle or unjustifiably exposes any such drug or substance with intent that the same shall be taken by horse, mule or by domestic cattle, whether such horse, mule or domestic cattle be the property of himself or another, is guilty of a felony. A person who unjustifiably administers any poisonous or noxious drug or substance to an animal, other than a horse, mule, or domestic cattle, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by an animal other than a horse, mule or domestic cattle, whether such animal be the property of himself or another is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both.

362. Throwing substance injurious to animals in public place. 
A person who willfully throws, drops or places, or causes to be thrown, dropped or placed upon any road, highway, street or public place, any glass, nails, pieces of metal, or other substance which might wound, disable or injure any animal is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both.

363. Unauthorized possession of dogs presumptive evidence of larceny. 
The unauthorized possession of a dog or dogs, by any person not the true owner, for a period exceeding ten days, without notifying the owner, the local police authorities, or the superintendent of the state police at Albany, New York, of such possession, shall be presumptive evidence of larceny.

365. Clipping or cutting the ears of dogs. 
1.Whoever clips or cuts off or causes or procures another to clip or cut off the whole or any part of an ear of any dog unless an anesthetic shall have been given to the dog and the operation performed by a licensed veterinarian, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or a fine of not more than one thousand dollars, or by both.

2. The provisions of this section shall not apply to any dog or person who is the owner or possessor of any dog whose ear or a part thereof has been clipped or cut off prior to September first, nineteen hundred twenty-nine.

3. Each applicant for a dog license must state on such application whether any ear of the dog for which he applies for such license has been cut off wholly or in part.

4. Nothing herein contained shall be construed as preventing any dog whose ear or ears shall have been clipped or cut off wholly or in part, not in violation of this section, from being imported into the state exclusively for breeding purposes.

369. Interference with officers.
 Any person who shall interfere with or obstruct any constable or police officer or any officer or agent of any duly incorporated society for the prevention of cruelty to animals in the discharge of his duty to enforce the laws relating to animals shall be guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both.

Suffolk County Law Article I Section 207-2 & 207-4.

§ 207.2 Unlawful Animal Confinement in Motor Vehicle 
A. No person owning or otherwise having possession, charge, custody, dominion or control of an animal shall place or confine such animal or allow it to be placed or confined or to remain in an unattended motor vehicle without sufficient ventilation or under other conditions or for such a period of time as may endanger the health or well-being of such animal due to heat, lack of water or such other circumstances as may reasonable be expected to cause suffering, disability or death.

B. No person owning or otherwise having possession, dominion or control over a motor vehicle shall place or confine an animal or permit an animal to be placed or confined or to remain in an unattended motor vehicle without sufficient ventilation or under other conditions or for such a period of time as may endanger the health or well-being of such animal due to heat, lack of water or such other circumstances as may reasonable be expected to cause suffering, disability or death.

§ 207.4 Authority of Law Enforcement Officers 
Any police officer, peace officer or animal control officer of the County of Suffolk or of any municipality located within the County of Suffolk who finds an animal in a motor vehicle in violation of § 207-2 of this Article may break and enter the motor vehicle following established Long Island veterinarian guidelines, without civil or criminal liability, to remove the animal. The person so removing the animal shall take said animal or cause said animal to be delivered to the municipal shelter of the town involved. The person shall, in the event that the owner or custodian of said animal cannot be otherwise contacted, leave in a prominent place in the motor vehicle a written notice bearing his name and department and the address where the animal may be claimed by the owner thereof. The animal shall be surrendered to the owner if the owner claims the animal within five (5) days from the time the animal was removed from the motor vehicle and pays all reasonable charges which have accrued for the maintenance of the animal. The municipal shelter having custody of the animal shall make reasonable efforts to contact the owner and give notice that the animal is in its custody and that the animal may be reclaimed by the owner upon payment of the reasonable maintenance charges. If the owner does not reclaim the animal within the specified time, the municipal shelter may dispose of the animal in accordance with prevailing laws and regulations.

What to do if you suspect abuse or neglect

Do you think an animal is the victim of cruelty or abuse?
To report animal abuse within Suffolk County, please contact Suffolk County SPCA.

The Suffolk County SPCA
363 Route 111
Smithtown, New York 11787                                                                                                                                                              
631-382-SPCA (voice)
631-382-4042 (fax) www.suffolkspca.org
Town Municipal Shelters:
  • Babylon (631) 643-9270
  • East Hampton (631) 324-0085
  • Islip (631) 224-5660
  • Huntington (631) 754-8722
  • Riverhead (631) 727-3200 Ext. 306
  • Smithtown (631) 360-7575
  • Southampton (631) 728-7387
  • Southold (631) 765-1811
To report animal abuse in Nassau County, please contact the Nassau County SPCA.
Nassau County SPCA
www.nassauspca.org
Town Municipal Shelters:
  • Hempstead (516) 785-5220
  • N. Hempstead (516) 944-8220
  • Oyster Bay (516) 624-6498
     
NYC ASPCA
424 E. 92nd St., NYC, NY 10128 (between 1st and York Aves.)  ph#(212) 876-7700
 
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