ASPCA Humane Law Enforcement Division - Power and Authority of ASPCA Law Enforcement Officers

Power and Authority of ASPCA Law Enforcement Officers

  • ASPCA law enforcement officers are New York State peace officers under NYS Criminal Procedure Law 2.10 and may make arrests, use physical and deadly force, make car stops, issue summonses, and may carry a firearms with the approval of NYPD pistol license section, batons, pepper spray, and handcuffs.
  • ASPCA Law Enforcement officers may seize any stray or abandoned animal on public streets in accordance with N.Y. Agriculture & Market laws Section 373 subsection 1.
  • ASPCA Law Enforcement officers may lawfully seize any animal on private property that has been kept for more than 12 hours in an unhealthy, dangerous or unsanitary condition in accordance with NY Agriculture and Markets Law Section 373 subsection 2 provided a complaint has been filed.
  • ASPCA Law Enforcement officers with a court order may make regular visits to any residence or establishment where an animal is being kept to check to see if the animal is receiving necessary food, water and care according to N.Y. Agriculture & Market law Section 373 subsection 7.
  • NYS Agriculture and Markets Law Section 371 permits an ASPCA Law Enforcement officer to "interfere to prevent the perpetration of any act of cruelty upon any animal" in the presence of the ASPCA officer.

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