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New York

Mckinney's Consolidated Laws of New York Annotated. Agriculture and Markets Law; General Business Law; General Municipal Law; General Obligations Law; Lien Law; Public Health Law; Town Law; Vehicle and Traffic Law; and Environmental Conservation Law

Statute Details
Printable Version
Citation: McKinney's Agriculture and Markets Law 106 - 127, 331 - 332, 400 - 410; McKinney's ECL 11-0529, 11-0901 - 0928, 11-2117; McKinney's General Business Law 399-aa, 751 - 755; McKinney's General Municipal Law 88, 209-cc; McKinney's General Obligations Law 11-107; McKinney's Lien Law 183; McKinney's Public Health Law 1310, 505-a, 2140 - 2146; McKinney's Town Law 130; McKinney's Vehicle and Traffic Law 601

Citation: NY AGRI & MKTS 106 - 127, 331-332, 400 - 410; NY ENVIR CONSER 11-0529, 11-0901 - 0928, 11-2117; NY GEN BUS 399-aa, 751 - 755; NY GEN MUN 88, 209-cc; NY GEN OBLIG 11-107; NY LIEN 183; NY PUB HEALTH 1310, 505-a, 2140 - 2146; NY TOWN 130; NY VEH & TRAF 601


Last Checked by Web Center Staff: 01/2014

Summary:   These New York statutes comprise the state's dog laws.  Among the provisions include state licensing requirements, the sale of dogs by pet dealers, rabies control laws, and provisions related to dogs and hunting.


Statute in Full:

Licensing and Control Laws

Pet Shop Laws

Laws Affecting Municipalities

Personal Property and Restitution Laws

Public Health Laws (i.e., rabies laws)

Vehicle Laws Related to Dogs

Environmental Conservation Laws Related to Dogs

 

Licensing and Control Laws

Agriculture and Markets Law.  Chapter 69 Of the Consolidated Laws.  Article 7. Licensing, Identification and Control of Dogs.

 § 106. Purpose

 § 107. Application

 § 108. Definitions

 § 109. Licensing of dogs required; rabies vaccination required

 [§ 109-a. Repealed. L.1978, c. 220, § 1, eff. Jan. 1, 1980]

 [§ 109-b. Repealed. L.1978, c. 220, § 1, eff. Jan. 1, 1980]

 § 110. License fees

 § 111. Identification of dogs

 [§ 111-a. Repealed by L.2005, c. 269, § 8, eff. Jan. 15, 2006]

 § 112. Change of ownership; lost or stolen dog

 § 113. Dog control officers

 § 114. Pounds and shelters

 [§ 114-a. Repealed. L.1978, c. 220, § 1, eff. Jan. 1, 1980]

 § 115. Funds expended by municipality for services

 [§ 115-a. Repealed. L.1978, c. 220, § 1, eff. Jan. 1, 1980]

 § 116. Spaying and neutering facilities authorized

 § 117. Seizure of dogs; redemption periods; impoundment fees; adoption

 § 117-a. Animal population control program

 § 118. Violations

 § 119. Disposition of fines

 [§ 119-a. Repealed. L.1978, c. 220, § 1, eff. Jan. 1, 1980]

 § 120. Protection of deer

 [§ 120-a. Repealed. L.1978, c. 220, § 1, eff. Jan. 1, 1980]

 § 121. Night quarantine

 § 121-a. Renumbered § 123-a by L.2010, c. 59, pt. T, § 19, eff. Jan. 1, 2011

 § 121-b. Renumbered § 123-b by L.2010, c. 59, pt. T, § 20, eff. Jan. 1, 2011

 § 122. Local laws or ordinances

 § 123. Dangerous dogs

 § 123-a. Exemption from civil liability

 § 123-b. Offenses against service animals and handlers

 § 124. Powers of commissioner

 § 125. Repealed by L.2010, c. 59, pt. T, § 21-a, eff. Jan. 1, 2011

 § 126. Renumbered § 124 by L.2010, c. 59, pt. T, § 22, eff. Jan. 1, 2011

 [§ 126-a. Repealed. L.1978, c. 220, § 1, eff. Jan. 1, 1980]

 [§ 127. Repealed. L.1929, c. 173, § 1]

Agriculture and Markets Law.  Chapter 69 Of the Consolidated Laws.  Article 25-B. Abandoned Animals.

§ 331. Abandonment of certain animals

§ 332. Disposition

Pet Shop Laws:

Agriculture and Markets Law.  Chapter 69 Of the Consolidated Laws.  Article 26-A. Care of Animals by Pet Dealers.

§ 400. Definitions

§ 400-a. Preemption of local laws

§ 401. Minimum standards of animal care

§ 402. Records of purchase and sale

§ 403. Licenses

§ 404. License refusal, suspension, or revocation

§ 405. Inspection of pet dealers

§ 406. Violations

§ 407. Construction with other laws

§ 410. Establishment of animal response teams

General Business Law.  Chapter 20 Of the Consolidated Laws.  Article 26. Miscellaneous.

§ 399-aa. Prohibition of the selling of fur, hair, skin or flesh of a dog or cat

General Business Law.  Chapter 20 Of the Consolidated Laws.  Article 35-D. Sale of Dogs and Cats.

§ 751. Legislative intent

§ 752. Definitions

§ 752-a. Definition - § 752-a. Repealed by L.2006, c. 687, § 2, eff. Sept. 13, 2006

§ 753. Sale of animal

§ 753-a. Veterinarian examination 

§ 753-b. Information statement for purchaser

§ 753-c. Animal pedigree registration

§ 753-d. Construction with other laws

§ 753-e. Preemption of local laws

§ 754. Notice

§ 755. Penalties and enforcement

Laws Affecting Municipalities:

General Municipal Law.  Chapter 24 Of the Consolidated Laws.  Article 5. Powers, Limitations, and Liabilities

§ 88. Disposition of stray or unwanted dogs by municipality

General Municipal Law.  Chapter 24 Of the Consolidated Laws.  Article 10. Firemen and Policemen.

§ 209-cc. Notification of presence of wild animals and dangerous dogs

Town Law.  Chapter 62 Of the Consolidated Laws.  Article 9. Ordinances and Licenses.

§ 130. Town ordinances

 Personal Property and Restitution Laws:

General Obligations Law.  Chapter 24-A Of the Consolidated Laws.  Article 11. Obligations to Make Compensation or Restitution.  Title 1. Compensation.

§ 11-107. Compensation for harm to a guide, hearing or service dog

Lien Law.  Chapter 33 Of the Consolidated Laws.  Article 8. Other Liens on Personal Property.

§ 183. Lien of bailee of animals

Public Health Laws:

Public Health Law.  Chapter 45 Of the Consolidated Laws.  Article 13. Nuisances and Sanitation.  Title I. General Provisions; Control and Abatement.

§ 1310. Removal of canine wastes in cities with a population of four hundred thousand or more persons and in the cities of Yonkers and Albany

Public Health Law.  Chapter 45 Of the Consolidated Laws.  Article 5. Laboratories.  Title I. General Provisions: State Laboratories; Approved Laboratories.

§ 505-a. Purchase of certain animals for scientific tests

Public Health Law.  Chapter 45 Of the Consolidated Laws.  Article 21. Control of Acute Communicable Diseases.  Title IV. Rabies.

§ 2140. Definitions

§ 2141. Compulsory vaccination

§ 2142. Rabies; emergency provisions

§ 2143. Rabies; seizure and disposal; reports

§ 2144. Rabies; county responsibility

§ 2145. Rabies; services and expenses of suppression

§ 2146. City of New York; exceptions 

Vehicle Laws Related to Dogs:

Vehicle and Traffic Law. Chapter Seventy-one Of the Consolidated Laws.  Title VI. Accidents and Accident Reports.  Article 22. Accidents and Accident Reports.

§ 601. Leaving scene of injury to certain animals without reporting

Environmental Conservation Laws Related to Dogs:

Environmental Conservation Law.  Chapter 43-B Of the Consolidated Laws.  Article 11. Fish and Wildlife.  Title 5. Fish and Wildlife Management Practices Cooperative Program; Prohibitions; Taking of Fish, Wildlife, Shellfish and Crustacea for Scientific or Propagation Purposes; Destructive Wildlife; Rabies Control; Guides; Endangered Species.

§ 11-0529. Cats hunting birds; dogs pursuing deer or killing other wildlife in certain areas

Environmental Conservation Law.  Chapter 43-B Of the Consolidated Laws.  Article 11. Fish and Wildlife.  Title 9. Hunting.

§ 11-0901. Prohibitions

§ 11-0923. Dogs

§ 11-0925. Special dog training areas

§ 11-0927. Field trials

§ 11-0928. Tracking dogs

Environmental Conservation Law.  Chapter 43-B Of the Consolidated Laws.  Article 11. Fish and Wildlife.  Title 21. Conservation Areas and Facilities; Private Refuges and Posted Lands.

§ 11-2117. Damage to property, livestock or domestic fowl by hunters and fishermen

 

 

Agriculture and Markets Law.  Chapter 69 Of the Consolidated Laws.  Article 7. Licensing, Identification and Control of Dogs.

§ 106. Purpose

The purpose of this article is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, domestic animals and deer from dog attack and damage.

CREDIT(S)

(Added L.1978, c. 220, § 2.)

 

§ 107. Application

1. This article shall apply to all areas of the state except any city having a population of over two million.

2. In the event that any dog owned by a resident of any city having a population of over two million or by a non-resident of this state is harbored within this state outside of any such city, the licensing municipality in which such animal is harbored may exempt such dog from the identification and licensing provisions of this article for a period of thirty days provided such dog is licensed pursuant to the provisions of law of the area of residence.

3. This article shall not apply to any dog confined to the premises of any public or private hospital devoted solely to the treatment of sick animals, or confined for the purposes of research to the premises of any college or other educational or research institution.

4. This article shall not apply to any dog confined to the premises of any person, firm or corporation engaged in the business of breeding or raising dogs for profit and licensed as a class A dealer under the Federal Laboratory Animal Welfare Act.

5. Nothing contained in this article shall prevent a municipality from adopting its own program for the control of dangerous dogs; provided, however, that no such program shall be less stringent than this article, and no such program shall regulate such dogs in a manner that is specific as to breed. Notwithstanding the provisions of subdivision one of this section, this subdivision and sections one hundred twenty-three, one hundred twenty-three-a and one hundred twenty-three-b of this article shall apply to all municipalities including cities of two million or more.

6. Nothing contained in this article shall be construed to prohibit a county from administering a dog licensing program for the municipalities within its jurisdiction.

CREDIT(S)

(Added L.1978, c. 220, § 2. Amended L.1987, c. 619, § 1; L.1995, c. 473, § 1; L.1997, c. 530, § 1, eff. Sept. 1, 1998; L.2010, c. 59, pt. T, § 1, eff. Jan. 1, 2011.)

 

§ 108. Definitions

As used in this article, unless otherwise expressly stated or unless the context or subject matter requires otherwise:

1. “Adoption” means the delivery to any natural person eighteen years of age or older, for the limited purpose of harboring
a pet, of any dog, seized or surrendered, or any cat.

2. Repealed.

3. “Clerk” means the clerk of any county, town, city or village where licenses are validated or issued pursuant to this article.

4. “Commissioner” means the state commissioner of agriculture and markets.

5. “Dog” means any member of the species canis familiaris.

6. “Dog control officer” means any individual appointed by a municipality to assist in the enforcement of this article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with a municipality to assist in the enforcement of this article.

7. “Domestic animal” means any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail deer which is raised under license from the department of environmental conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the state department of environmental conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this article.

8. “Euthanize” means to bring about death by a humane method.

9. “Guide dog” means any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the state during the period such dog is being trained or bred for such purpose.

10. “Harbor” means to provide food or shelter to any dog.

11. “Identification tag” means a tag issued by the licensing municipality which sets forth an identification number, together with the name of the municipality, the state of New York, contact information, including telephone number, for the municipality and such other information as the licensing municipality deems appropriate.

12. “Identified dog” means any dog carrying an identification tag as provided in section one hundred eleven of this article.

13. “Municipality” means any county, town, city and village.

14. Repealed by L.2010, c. 59, pt. T, § 2, eff. Jan. 1, 2011.

15. “Owner” means any person who harbors or keeps any dog.

16. “Owner of record” means the person in whose name any dog was last licensed pursuant to this article, except that if any license is issued on application of a person under eighteen years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed or if the owner of record has filed a statement pursuant to the provisions of section one hundred twelve of this article, the owner shall be deemed to be the owner of record of such dog, except that if the owner is under eighteen years of age, the owner of record shall be deemed to be the parent or guardian of such person.

17. “Person” means any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity.

18. “Police work dog” means any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.

19. “Recognized registry association” means any registry association that operates on a nationwide basis and issues numbered registration certificates.

20. “War dog” means any dog which has been honorably discharged from the United States armed services.

21. “Hearing dog” means any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog owned by a recognized training center located within the state during the period such dog is being trained or bred for such purpose.

22. “Service dog” means any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability, provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative.

23. “Person with a disability” means any person with a disability as that term is defined in subdivision twenty-one of section two hundred ninety-two of the executive law.

24. (a) “Dangerous dog” means any dog which (i) without justification attacks a person, companion animal as defined in subdivision five of section three hundred fifty of this chapter, farm animal as defined in subdivision four of section three hundred fifty of this chapter or domestic animal as defined in subdivision seven of this section and causes physical injury or death, or (ii) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or (iii) without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death.

(b) “Dangerous dog” does not include a police work dog, as defined in subdivision eighteen of this section, which acts in the manner described in this paragraph while such police work dog is being used to assist one or more law enforcement officers in the performance of their official duties.

25. “Working search dog” means any dog that is trained to aid in the search for missing persons and is actually used for such purpose.

26. “Therapy dog” means any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes and other settings and is actually used for such purpose, or any dog owned by a recognized training center located within the state during the period such dog is being trained or bred for such purpose.

27. “Detection dog” means any dog that is trained and is actually used for such purposes or is undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband.

28. “Physical injury” means impairment of physical condition or substantial pain.

29. “Serious physical injury” means physical injury which creates a substantial risk of death, or which causes death or serious or protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

Credits
(Added L.1978, c. 220, § 2. Amended L.1979, c. 189, § 1; L.1979, c. 491, § 1; L.1979, c. 707, § 2; L.1986, c. 404, §§ 2 to 4; L.1987, c. 619, § 2; L.1989, c. 158, § 1; L.1997, c. 530, § 2, eff. Sept. 1, 1998; L.1998, c. 170, § 1, eff. Jan. 1, 1999; L.2000, c. 263, § 1, eff. Nov. 1, 2000; L.2002, c. 39, § 1, eff. May 30, 2002; L.2002, c. 494, § 1, eff. Sept. 17, 2002; L.2002, c. 558, § 1, eff. Jan. 1, 2003; L.2003, c. 287, § 1, eff. Aug. 5, 2003; L.2004, c. 392, §§ 1, 2, eff. Dec. 15, 2004; L.2010, c. 59, pt. T, §§ 2, 3, eff. Jan. 1, 2011; L.2012, c. 446, § 1, eff. Oct. 16, 2012.)

 

 

§ 109. Licensing of dogs; rabies vaccination requirement

1. (a) The owner of any dog reaching the age of four months shall immediately make application for a dog license. No license shall be required for any dog which is under the age of four months and which is not at large, or that is residing in a pound or shelter maintained by or under contract or agreement with the state or any county, city, town or village, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective association. Except as otherwise provided in this subdivision, a license shall be issued or renewed for a period of at least one year, provided, that no license shall be issued for a period expiring after the last day of the eleventh month following the expiration date of the current rabies certificate for the dog being licensed. All licenses shall expire on the last day of the last month of the period for which they are issued. In the event an applicant for a license presents, in lieu of a rabies certificate, a statement certified by a licensed veterinarian, as provided in subdivision two of this section, a license shall be issued or renewed for a period of one year from the date of said statement. Any municipality may establish a common renewal date for all such licenses. A license issued by a municipality that has established a common renewal date shall expire no later than the common renewal date prior to the expiration date of the rabies certificate for the dog being licensed.

(b) Application for a dog license shall be made to the clerk of the town, city, or county or, in the counties of Nassau and Westchester, incorporated village in which the dog is harbored or to the village clerk of those villages in the county of Rockland with a population of fifteen thousand or more which have elected to accept applications pursuant to the provisions of this paragraph or to the village clerk of the village of Newark in the county of Wayne upon the election of the village of Newark pursuant to the provisions of this paragraph. Provided, however, that in the counties of Nassau and Westchester, the board of trustees of any incorporated village may by resolution provide that applications for licenses shall no longer be made to the village clerk, but to the clerk of the town in which the village is situated. Provided further, however, that in the county of Rockland, the board of trustees of any incorporated village with a population of fifteen thousand or more may by resolution provide that application for licenses shall be made to the village clerk. Provided further, however, that in the county of Wayne, the board of trustees of the village of Newark may by resolution provide that application for licenses shall be made to the village clerk. The governing body of any town or city or, in the counties of Nassau and Westchester, incorporated village or in the county of Rockland, those villages with a population of fifteen thousand or more which have so elected to accept applications or in the county of Wayne, the village of Newark if such village has so elected to accept applications may, on resolution of such body, authorize that such application be made to one or more named dog control officers of any such town, city or village. The issuance of any license by any such officer shall be under the control and supervision of the clerk. In the case of a seized dog being redeemed or a dog being otherwise obtained from a county animal shelter or pound, such application may be made to the county dog control officer in charge of such facility. In the case of a dog being redeemed or a dog being adopted from a shelter or pound established, maintained or contracted for, pursuant to section one hundred fourteen of this article, such application may be made to the manager of such facility, provided such manager has been authorized by the municipality in which the prospective owner resides to accept such application. Such authorization shall be requested by the governing body of the pound or shelter and the granting or denial of such authorization shall be in the discretion of the municipality in which the prospective owner resides.

(c) The application shall state the sex, actual or approximate age, breed, color, and municipal identification number of the dog, and other identification marks, if any, and the name, address, telephone number, county and town, city or village of residence of the owner. Municipalities may also require additional information on such application as deemed appropriate.

(d) The application shall be accompanied by the license fee prescribed by section one hundred ten of this article and a certificate of rabies vaccination or statement in lieu thereof, as required by subdivision two of this section. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered, provided such certificate or affidavit shall not be required if the same is already on file with the clerk or authorized dog control officer. In lieu of the spay or neuter certificate an owner may present a statement certified by a licensed veterinarian stating that he has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in subdivision one of section one hundred ten of this article.

(e) Upon validation by the clerk, authorized dog control officer or authorized pound or shelter manager, the application shall become a license for the dog described therein.

(f) The clerk, authorized dog control officer or authorized pound or shelter manager shall: (i) provide a copy of the license to the owner; (ii) retain a record of the license that shall be made available upon request to the commissioner for purposes of rabies and other animal disease control efforts and actions. In addition, the authorized pound or shelter manager shall send, within forty-eight hours of validation, a copy of the license to the licensing municipality within which the dog is to be harbored.

(g) No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog.

(h) Notwithstanding the provisions of any general, special or local law, or any rule or regulation to the contrary, the clerk, authorized dog control officer or authorized pound or shelter manager in municipalities having a population of less than one hundred thousand shall within five business days after the license has been validated, send a copy of the validated license to the licensing municipality in which the dog is to be harbored.

2. The clerk, authorized dog control officer or authorized pound or shelter manager, at the time of issuing any license pursuant to this article, shall require the applicant to present a statement certified by a licensed veterinarian showing that the dog or dogs have been vaccinated to prevent rabies or, in lieu thereof, a statement certified by a licensed veterinarian stating that because of old age or another reason, the life of the dog or dogs would be endangered by the administration of vaccine. The clerk, authorized dog control officer or authorized pound or shelter manager shall make or cause to be made from such statement a record of such information and shall file such record with a copy of the license. Such records shall be made available to the commissioner upon request for rabies and other animal disease control efforts.

3. Municipalities may provide for the establishment and issuance of purebred licenses and, in the event they do so, shall provide for the assessment of a surcharge of at least three dollars for the purposes of carrying out animal population control efforts as provided in section one hundred seventeen-a of this article. Municipalities which issue purebred licenses shall remit such surcharge collected to the commissioner.

Credits
(Added L.1978, c. 220, § 2. Amended L.1980, c. 714, § 1; L.1981, c. 627, § 1; L.1983, c. 356, §§ 1, 2; L.1983, c. 757, § 1; L.1988, c. 645, §§ 1 to 4; L.1994, c. 417, § 1; L.1995, c. 562, § 1; L.2002, c. 39, §§ 2, 3, eff. May 30, 2002; L.2002, c. 180, § 4, eff. Nov. 20, 2002; L.2005, c. 269, §§ 1, 2, eff. Jan. 16, 2006; L.2006, c. 86, § 1, eff. June 7, 2006; L.2010, c. 59, pt. T, § 4, eff. Jan. 1, 2011; L.2012, c. 446, § 2, eff. Oct. 16, 2012.)

 

[§§ 109-a, 109-b. Repealed. L.1978, c. 220, § 1, eff. Jan. 1, 1980]

 

§ 110. License fees

1. The license fee for dog licenses issued pursuant to subdivision one of section one hundred nine of this article shall be determined by the municipality issuing the license, provided that the total fee for an unspayed or unneutered dog shall be at least five dollars more than the total fee for a spayed or neutered dog. All revenue derived from such fees shall be the sole property of the municipality setting the same and shall be used only for controlling dogs and enforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and any facility as authorized under section one hundred sixteen of this article used therefor, and subsidizing public humane education programs in responsible dog ownership.

2. Municipalities may exempt from their licensing fees any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog. Each copy of any license for such dogs shall be conspicuously marked “Guide Dog”, “Hearing Dog”, “Service Dog”, “Working Search Dog”, “War Dog”, “Detection Dog”, “Police Work Dog”, or “Therapy Dog”, as may be appropriate, by the clerk or authorized dog control officer.

3. In addition to the fee charged pursuant to subdivision one of this section, all municipalities issuing dog licenses pursuant to this article are required to provide for the assessment of an additional surcharge of at least one dollar for altered dogs and at least three dollars for unaltered dogs for the purposes of carrying out animal population control efforts as provided in section one hundred seventeen-a of this article. Such surcharges shall be submitted by municipalities to the commissioner.

4. In addition to the fee charged pursuant to subdivision one of this section, any municipality issuing dog licenses pursuant to this article is hereby authorized to provide for the assessment of additional surcharges for the purpose of:
(a) recovering costs associated with enumeration conducted pursuant to subdivision six of section one hundred thirteen of this article should a dog be identified as unlicensed during such enumeration. Such additional fee shall be the property of the licensing municipality and shall be used to pay the expenses incurred by the municipality in conducting the enumeration. In the event the additional fees collected exceed the expenses incurred by the municipality in conducting an enumeration in any year, such excess fees may be used by the municipality for enforcing this article and for spaying or neutering animals; and

(b) offsetting costs associated with the provision and replacement of identification tags pursuant to section one hundred eleven of this article.

Credits
(Added L.2010, c. 59, pt. T, § 5, eff. Jan. 1, 2011. Amended L.2012, c. 446, § 3, eff. Oct. 16, 2012.)

 

 

§ 111. Identification of dogs

1. Each dog licensed pursuant to subdivision one of section one hundred nine of this article shall be assigned, at the time the dog is first licensed, a municipal identification number. Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times, provided that a municipality may exempt dogs participating in a dog show during such participation.

2. No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.

3. A municipality offering a purebred license may provide a licensee, at his or her expense, any number of tags imprinted with the same number as the purebred license. One such tag shall be affixed to the collar of each dog harbored pursuant to the purebred license at all times, provided that municipalities may exempt dogs participating in a dog show during such participation. Such a tag shall be affixed only to the collar of a dog owned by the holder of the purebred license and harbored on his premises.

4. A municipality offering a license for any guide dog, service dog, hearing dog or detection dog may issue a special tag for identifying such dog, provided that such tag shall be in addition to the identification tag required by subdivision one of this section. The municipality may prescribe the shape, size, color, and form of imprint of the tag which shall be a different color and shape than the standard identification tag. Upon application, the commissioner shall furnish such tags without payment of a fee.

CREDIT(S)

(Formerly § 112, added L.1978, c. 220, § 2. Amended L.1984, c. 28, § 1; L.1985, c. 495, § 1; L.1986, c. 404, § 7; L.1988, c. 645, § 7; L.1994, c. 169, § 74; L.2002, c. 494, § 4, eff. Sept. 17, 2002. Renumbered § 111 and amended L.2010, c. 59, pt. T, § 6, eff. Jan. 1, 2011)

 

§ 111-a. Repealed by L.2005, c. 269, § 8, eff. Jan. 15, 2006]

HISTORICAL AND STATUTORY NOTES

2011 Electronic Update

The repealed section, relating to special and temporary provisions for license fee as to Onondaga county, was added by L.1985, c. 422, § 1.

 

§ 112. Change of ownership; lost or stolen dog

1. In the event of a change in the ownership of any dog which has been licensed pursuant to this article or in the address of the owner of record of any such dog, the owner of record shall, within ten days of such change, file with the municipality in which the dog is licensed a written report of such change. Such owner of record shall be liable for any violation of this article until such filing is made or until the dog is licensed in the name of the new owner.

2. If any dog which has been licensed pursuant to this article is lost or stolen, the owner of record shall, within ten days of the discovery of such loss or theft file with the municipality in which the dog is licensed a written report of such loss or theft. In the case of a loss or theft, the owner of record of any such dog shall not be liable for any violation of this article committed after such report is filed.

3. In the case of a dog's death, the owner of record shall so notify the municipality in which the dog is licensed either prior to renewal of licensure or upon the time of such renewal as set forth by the municipality in which the the [FN1] dog is licensed.

CREDIT(S)

(Formerly § 113, added L.1978, c. 220, § 2. Amended L.1979, c. 189, § 3; L.1981, c. 57, § 1. Renumbered § 112 and amended L.2010, c. 59, pt. T, § 7, eff. Jan. 1, 2011.)

[FN1] So in original ("the" inadvertently added).

 

 

§ 113. Dog control officers

1. Each town and city, and each village in which licenses are issued, shall appoint, and any other village and any county may appoint, one or more dog control officers for the purpose of assisting, within the appointing municipality, with the control of dogs and the enforcement of this article.

2. In lieu of or in addition to the appointment of a dog control officer or officers, any town or city, or any village in which licenses are issued shall, and any other village and any county may, contract for dog control officer services with any other municipality or with any incorporated humane society or similar incorporated dog protective association, or shall appoint, jointly with one or more other municipalities, one or more dog control officers having jurisdiction in each of the cooperating municipalities.

3. Every dog control officer shall have the power to issue an appearance ticket pursuant to section 150.20 of the criminal procedure law, to serve a summons and to serve and execute any other order or process in the execution of the provisions of this article. In addition, any dog control officer or any peace officer, when acting pursuant to his special duties, or police officer, who is authorized by a municipality to assist in the enforcement of this article may serve any process, including an appearance ticket, a uniform appearance ticket and a uniform appearance ticket and simplified information, related to any proceeding, whether criminal or civil in nature undertaken in accord with the provisions of this article or any local law or ordinance promulgated pursuant thereto.

4. Every dog control officer, peace officer, when acting pursuant to his special duties or police officer shall promptly make and maintain a complete record of any seizure and subsequent disposition of any dog. Such record shall include, but not be limited to, a description of the dog, the date and hour of seizure, the official identification number of such dog, if any, the location where seized, the reason for seizure, and the owner's name and address, if known.

5. Every dog control officer shall file and maintain such records for not less than three years following the creation of such record, and shall make such reports available to the commissioner upon request.

6. The governing body of any municipality in which licenses are issued, may, either individually or in cooperation with other municipal entities, require its dog control officer or animal control officer or any other authorized agent to ascertain and list the names of all persons in the municipality owning or harboring dogs, or in lieu thereof, such municipality may contract to have the same done.

CREDIT(S)

(Formerly § 114, added L.1978, c. 220, § 2. Amended L.1980, c. 714, §§ 3, 4; L.1980, c. 843, § 112; L.2002, c. 180, § 6, eff. Nov. 20, 2002. Renumbered § 113 and amended L.2010, c. 59, pt. T, § 8, eff. Jan. 1, 2011.)

 

 

§ 114. Pounds and shelters

1. Each town and city, and each village in which licenses are issued shall, and any other village and any county may, establish and maintain a pound or shelter for dogs.

2. In lieu of or in addition to establishing and maintaining such pound or shelter, any town or city, or any village in which licenses are issued shall, and any other village and any county may, contract for pound or shelter services with any other municipality or with any incorporated humane society or similar incorporated dog protective association, or shall establish and maintain, jointly or with one or more other municipalities, a pound or shelter.

CREDIT(S)

(Formerly § 115, added L.1978, c. 220, § 2. Amended L.1980, c. 714, § 5. Renumbered § 114, L.2010, c. 59, pt. T, § 9, eff. Jan. 1, 2011.)

 

[§ 114-a. Repealed. L.1978, c. 220, § 1, eff. Jan. 1, 1980]

 

§ 115. Funds expended by municipality for services

No municipality shall be required to expend in any calendar year for dog control officer and pound or shelter services undertaken pursuant to this article, an amount of money greater than it receives during such year pursuant to this article and any local law or ordinance enacted pursuant thereto.

CREDIT(S)

(Formerly § 116, added L.1978, c. 220, § 2. Renumbered § 115, L.2010, c. 59, pt. T, § 9, eff. Jan. 1, 2011.) 

 

[§ 115-a. Repealed. L.1978, c. 220, § 1, eff. Jan. 1, 1980]

 

§ 116. Spaying and neutering facilities authorized

1. Any municipality may, by local law or ordinance, provide for the establishment and operation of a facility to provide services for the alteration of the reproductive capacity through spaying or neutering of dogs and cats owned by the residents thereof.

2. Any animal which is presented at such facility for alteration must be accompanied by a notarized authorization signed by the owner thereof consenting to such alteration and agreeing to hold the municipality, its agents, servants and employees harmless for any damages arising therefrom or incidental thereto.

3. Any municipality enacting a local law or ordinance as authorized by this section shall further provide for the regulation of such facility with respect to the terms and conditions, including compensation, under which any animal will be maintained while the animal remains in the custody of the facility.

4. In no event shall any of the moneys or fees derived from, or collected pursuant to, the provisions of this article except as provided in subdivision three of section one hundred ten of this article and section one hundred seventeen-a of this article be used to subsidize the spaying or neutering of cats.

Credits
(Formerly § 117, added L.1978, c. 220, § 2. Amended L.1995, c. 473, § 5. Renumbered § 116, L.2010, c. 59, pt. T, § 10, eff. Jan. 1, 2011. Amended L.2012, c. 446, § 4, eff. Oct. 16, 2012.)

 

 

§ 117. Seizure of dogs; redemption periods; impoundment fees; adoption

1. Any dog control officer or peace officer, acting pursuant to his special duties, or police officer in the employ of or under contract to a municipality shall seize:

(a) any dog which is not identified and which is not on the owner's premises;

(b) any dog which is not licensed, whether on or off the owner's premises;

(c) any licensed dog which is not in the control of its owner or custodian or not on the premises of the dog's owner or custodian, if there is probable cause to believe the dog is dangerous; and

(d) any dog which poses an immediate threat to the public safety.
Promptly upon seizure the dog control officer shall commence a proceeding as provided for in subdivision two of section one hundred twenty-three of this article.

2. Any dog control officer or peace officer, acting pursuant to his special duties, or police officer in the employ of or under contract to a municipality may seize any dog in violation of any local law or ordinance relating to the control of dogs, adopted by any municipality pursuant to the provisions of this article.

3. Each dog seized in accordance with the provisions of this article shall be properly sheltered, fed and watered for the redemption period as hereinafter provided.

4. Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this article and further provided that the owner pays the following impoundment fees:

(a) not less than ten dollars for the first impoundment of any dog owned by that person;

(b) not less than twenty dollars for the first twenty-four hours or part thereof and three dollars for each additional twenty-four hours or part thereof for the second impoundment, within one year of the first impoundment, of any dog owned by that person; or

(c) not less than thirty dollars for the first twenty-four hours or part thereof and three dollars for each additional twenty-four hours or part thereof for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.

The impoundment fees set forth in paragraphs (a), (b) and (c) of this subdivision notwithstanding, any municipality may set by local law or ordinance such fees in any amount.

5. All impoundment fees shall be the property of the municipality to which they are paid and shall be used only for controlling dogs and enforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and any facility as authorized under section one hundred sixteen of this article used therefor, and subsidizing public humane education programs in responsible dog ownership.

6. Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees prescribed by subdivision four of this section and by producing proof that the dog has been licensed.

7. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized subject to subdivisions six, eight and nine of this section and subject to the provisions of section three hundred seventy-four of this chapter. Any municipality may by local law or ordinance establish additional conditions for adoption including the requirement that adopted dogs shall be spayed or neutered before or after release from custody upon such terms and conditions as the municipality may establish.

7-a. Any animal in the custody of a pound or shelter shall be made available for adoption or euthanized subject to subdivisions six, eight and nine of this section and subject to the provisions of section three hundred seventy-four of this chapter after the time for redemption has expired; provided, however, that such release may be made to another such pound, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated animal protective association for the sole purpose of placing such animal in an adoptive home, when such action is reasonably believed to improve the opportunity for adoption.

8. The redemption periods set forth above in this section notwithstanding, any municipality may establish the duration of such periods by local law or ordinance, provided that no such period shall be less than three days, except that where notice to the owner is given by mail, no such period shall be less than seven days.

9. Any dog, owned by a resident of any city having a population of over two million or by a non-resident of this state, seized and impounded pursuant to the provisions of this article, and whose owner can be identified, shall be subject to subdivision six of this section. If the dog is licensed pursuant to the provisions of law of the area of the owner's residence, the licensing requirements of this article shall not apply provided such dog is not harbored within this state outside any city having a population of over two million for a period exceeding thirty days.

10. The seizure of any dog shall not relieve any person from any violation provided for by section one hundred eighteen of this article.

11. No liability in damages or otherwise shall be incurred on account of the seizure, euthanization or adoption of any dog pursuant to the provisions of this article.

Credits
(Formerly § 118, added L.1978, c. 220, § 2. Amended L.1978, c. 221, § 2; L.1980, c. 674, §§ 2, 3; L.1980, c. 843, § 113; L.1987, c. 619, § 3; L.1988, c. 645, § 8; L.1997, c. 530, § 3, eff. Sept. 1, 1998; L.2004, c. 392, § 7, eff. Dec. 15, 2004; L.2009, c. 479, § 6, eff. Oct. 9, 2010. Renumbered § 117 and amended L.2010, c. 59, pt. T, § 12, eff. Jan. 1, 2011. Amended L.2010, c. 59, pt. T, § 13, eff. Jan. 1, 2011; L.2010, c. 419, § 3; L.2010, c. 419, § 4, eff. Oct. 9, 2010; L.2011, c. 83, § 1, eff. June 22, 2011; L.2012, c. 446, § 5, eff. Oct. 16, 2012.)

 

 

§ 117-a. Animal population control program

1. The commissioner shall submit a request for proposals from not-for-profit entities as described herein for the purpose of administering a state animal population control program. The entity chosen to administer such program shall enter into a contract with the state for a term of five years, which may be renewed subject to the approval of the commissioner. The purpose of this program shall be to reduce the population of unwanted and stray dogs and cats thereby reducing incidence of euthanasia and potential threats to public health and safety posed by the large population of these animals. This program shall seek to accomplish its purpose by encouraging residents of New York state who are the owners of dogs and cats to have them spayed or neutered by providing low-cost spaying and neutering services to such owners meeting the criteria enumerated in subdivision three of this section. For purposes of this section, “low-cost” shall mean substantially less than the average cost in a particular region of the state for spaying or neutering services, including any and all ancillary changes1 for services, including but not limited to, presurgical examinations, tests and immunizations, and other services related to the spay or neuter procedure. All veterinary services provided pursuant to this section must be performed by a veterinarian licensed in this state.

2. Eligible not-for-profit entities shall consist of duly incorporated societies for the prevention of cruelty to animals, duly incorporated humane societies, duly incorporated animal protective associations, or duly incorporated non-profit corporations that have received designation as 501(c)(3) entities by the Internal Revenue Service and which entities are operating as animal rescue organizations, animal adoption organizations, spay/neuter clinics, or other entities whose core mission predominantly includes statewide efforts to manage the companion animal population in New York state. In awarding the contract, the commissioner must consider the following criteria with respect to each applicant: its experience in providing low-cost spay-neuter services, the scope of services it provides, the length of time it has been operating, its financial history, its demonstrated ability to work with outside organizations and community groups, and the proposed cost of administering and promoting the program. In choosing such entity, the commissioner may establish other criteria for making his or her selection in consultation with veterinarians, representatives from animal advocacy and welfare organizations, and municipalities. The selection of the administrative entity overseeing the state animal population control fund must be completed no later than December thirty-first, two thousand ten.

(a) The administrative entity chosen by the commissioner shall review plans submitted for approval and funding of low-cost spay-neuter programs and award grants for the animal population control fund for implementation of such plans. In reviewing the plans, the entity shall consider the following criteria: the method of providing low-cost spay-neuter services, including an anticipated fee schedule for such services, the size and need of the population served, the plan for outreach and promotion of such services, experience in providing low-cost spay-neuter services and cost-effectiveness of the overall plan. In awarding grants, the entity shall use best efforts to provide statewide distribution of funding.

(b)(i) Upon approving a plan submitted pursuant to this section, the administrative entity shall award a grant for the creation and implementation of such plan.

(ii) Upon approving a plan submitted for approval and funding of all other spay-neuter programs, the administrative entity shall award grants for the ongoing administration of low-cost spay-neuter services. Payments against such grants shall be advanced quarterly. Any remaining funds at the end of the grant period shall be remitted to the animal population control fund.

(iii) Any grants made pursuant to this section may be discontinued if it is found by the administrative entity that funds previously disbursed were not used for their intended purpose or that services performed were not provided according to the terms and conditions as the administrative entity shall provide.

(c) An administrative entity selected pursuant to this section shall use proceeds from the animal population control fund to pay for reasonable expenses incurred in operating the low-cost spay-neuter program, but is hereby authorized to solicit funds from other public and private sources.

(d) Such administrative entity shall submit an annual report to the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate, the minority leader of the assembly, and the commissioner. Such report shall include but not be limited to the balance of the fund, annual expenditures, annual income, the number of entities receiving funding and the amount received by each entity, the total number and type of low-cost spay-neuter services provided by each entity, the method of providing such services by each entity, the expenditure made for promoting the fund and description of marketing efforts, and recommendations regarding the implementation and financial viability of the fund.

(e) The administrative entity shall perform such other tasks as may be reasonable and necessary for the administration of such fund.

(f) If the administrative entity cannot perform its obligations pursuant to its contract, or if it is determined by the commissioner that it is not performing its obligations in a satisfactory manner, the commissioner may cancel such contract and issue another request for proposals from other entities to administer the program.

3. In order to be eligible to participate in the animal population control program, and therefore, be entitled to the low-cost spay/neuter services provided for herein, an owner of a dog or cat shall be a resident of New York state and shall submit proof to the entity providing such services as follows:

(a) in the form of an adoption agreement that their dog or cat was adopted from a pound, shelter maintained by or under contract or agreement with the state or any county, city, town, or village, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog or cat protective association; or

(b) proof of participation in at least one of the following:

(i) the food stamp program authorized pursuant to 7 U.S.C. 2011, et seq.;

(ii) the supplemental security income for the aged, blind and disabled program authorized pursuant to 42 U.S.C. 1381 et seq.;

(iii) the low income housing assistance program authorized pursuant to 42 U.S.C. 1437(f);

(iv) the Family Assistance program authorized pursuant to title ten of article five of the social services law;2

(v) the Safety Net Assistance program authorized pursuant to title three of article five of the social services law;3

(vi) the program of Medical Assistance authorized pursuant to title eleven of article five of the social services law;4 or

(vii) other similar programs identified by the administrative entity and approved by the commissioner; and

(c) in any city, town, village, or county which has enacted a local law or ordinance requiring spay/neuter of all dogs and cats prior to adoption from shelters, pounds, duly incorporated societies for the prevention of cruelty to animals, humane societies and duly incorporated dog or cat protective associations within such city, town, village or county, eligibility for participation in the animal population control program shall be determined based solely on the provisions of paragraph
(b) of this subdivision.

4. Notwithstanding the provisions of paragraph (a) of subdivision three of this section, no resident, otherwise qualified pursuant to such paragraph, shall be entitled to participate in the low cost spay/neuter program implemented by this section if the animal to be spayed or neutered:

(a) was imported or caused to be imported from outside the state;

(b) was adopted from an otherwise qualifying pound, shelter, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog or cat protective association which included the cost of a spaying or neutering procedure in the cost of the adoption.

5. Any county is hereby authorized to establish and implement an animal population control program within its jurisdiction. Any county creating its own program may submit a plan to the administrative entity for such program for approval and to receive funding from the animal population control program. Such plan shall include but not be limited to the criteria described in paragraph (a) of subdivision two of this section.

6. Any county which has created its own program, which has been approved by the administrative entity pursuant to this section, may receive the funds collected by the municipalities within the county pursuant to subdivision three of section one hundred nine of this article and subdivision three of section one hundred ten of this article for the sole purpose of administering such animal population control program. Such county program shall be subject to this article and the terms and conditions of the animal population control program, as may be amended from time to time.

7. Any municipality within a county that does not have its own program approved by the administrative entity pursuant to subdivision two of this section must submit the funds collected pursuant to subdivision three of section one hundred ten of this article to the animal population control fund pursuant to section ninety-seven-xx of the state finance law.

8. In the absence of a county animal population control program, entities described below within such county may, pursuant to subdivision two of this section, apply for funds from the animal population control fund described in section ninety-seven-xx of the state finance law for the sole purpose of providing low-cost spay and neuter services in their service area. In the event that the service area of an entity encompasses two or more counties, such entity may apply and receive funding from the animal population control fund to serve such portion of their service area that is not covered by an existing county animal population control program. Such entities shall include pounds, duly incorporated societies for the prevention of cruelty to animals, duly incorporated humane societies, duly incorporated animal protective associations and duly incorporated nonprofit corporations that have received designation as a 501(c)(3) organization by the Internal Revenue Service, which entities are operating as animal rescue or adoption organizations. Any such entity must also be in good standing with the charities bureau of the office of the attorney general and with the secretary of state.

9. The administrative entity shall establish reporting requirements for any entity awarded funding through the animal population control program, and any other protocols necessary to ensure appropriate and effective use of monies disbursed pursuant to this section.
Credits
(Added L.1995, c. 473, § 6. Amended L.2000, c. 205, § 1, eff. Aug. 16, 2000; L.2005, c. 534, §§ 2, 3, eff. Oct. 15, 2006; L.2010, c. 59, pt. T, § 11, eff. Jan. 1, 2011; L.2012, c. 446, § 6, eff. Oct. 16, 2012.)

Footnotes

[FN1]  So in original ("changes" should be "charges").

[FN2] Social Services Law § 343 et seq.

[FN3] Social Services Law § 159

[FN4] Social Services Law § 363 et seq.

 

§ 118. Violations

1. It shall be a violation, punishable as provided in subdivision two of this section, for:

(a) any owner to fail to license any dog;

(b) any owner to fail to have any dog identified as required by this article;

(c) any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs or purebred license tag;

(d) any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this article;

(e) any person to furnish any false or misleading information on any form required to be filed with any municipality pursuant to the provisions of this article or rules and regulations promulgated pursuant thereto;

(f) the owner or custodian of any dog to fail to exercise due diligence in handling his or her dog if the handling results in harm to another dog that is a guide, hearing or service dog;

(g) any owner of a dog to fail to notify the municipality in which his or her dog is licensed of any change of ownership or address as required by section one hundred twelve of this article.

2. It shall be the duty of the dog control officer of any municipality to bring an action against any person who has committed within such municipality any violation set forth in subdivision one of this section. Any municipality may elect either to prosecute such action as a violation under the penal law or to commence an action to recover a civil penalty.

A violation of this section shall be punishable, subject to such an election, either:

(a) where prosecuted pursuant to the penal law, by a fine of not less than twenty-five dollars, except that (i) where the person was found to have violated this section or former article seven of this chapter within the preceding five years, the fine may be not less than fifty dollars, and (ii) where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not less than one hundred dollars or imprisonment for not more than fifteen days, or both; or

(b) where prosecuted as an action to recover a civil penalty, by a civil penalty of not less than twenty-five dollars, except that (i) when the person was found to have violated this section or this article within the preceding five years, the civil penalty may be not less than fifty dollars, and (ii) where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may be not less than one hundred dollars.

3. A defendant charged with a violation of any provision of this article or any local law or ordinance promulgated pursuant thereto may plead guilty to the charge in open court. He or she may also submit to the magistrate having jurisdiction, in person, by duly authorized agent, or by registered mail, a statement (a) that he or she waives arraignment in open court and the aid of counsel, (b) that he or she pleads guilty to the offense charged, (c) that he or she elects and requests that the charge be disposed of and the fine or penalty fixed by the court, (d) of any explanation that he or she desires to make concerning the offense charged, and (e) that he or she makes all statements under penalty of perjury. Thereupon the magistrate may proceed as though the defendant had been convicted upon a plea of guilty in open court, provided however, that any imposition of fine or penalty hereunder shall be deemed tentative until such fine or penalty shall have been paid and discharged in full. If upon receipt of the aforesaid statement the magistrate shall deny the same, he or she shall thereupon notify the defendant of this fact, and that he or she is required to appear before the said magistrate at a stated time and place to answer the charge which shall thereafter be disposed of pursuant to the applicable provisions of law.

4. Any person who intentionally refuses, withholds, or denies a person, because he or she is accompanied by an on-duty police work dog, working search, war, or detection dog as defined in section one hundred eight of this article, any accommodations, facilities, or privileges thereof shall be subject to a civil penalty of up to two hundred dollars for the first violation and up to four hundred dollars for each subsequent violation.

5. Any person who for the purpose of participating in the animal population control program shall falsify proof of adoption from a pound, shelter, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog or cat protective association or who shall furnish any licensed veterinarian of this state with inaccurate information concerning his or her residency or the ownership of an animal or such person's authority to submit an animal for a spaying or neutering procedure pursuant to section one hundred seventeen-a of this article, and any veterinarian who shall furnish false information concerning animal sterilization fees shall be guilty of a violation punishable by a fine of not less than two hundred fifty dollars where prosecuted pursuant to the penal law, or where prosecuted as an action to recover a civil penalty of not more than two hundred fifty dollars.

CREDIT(S)

(Formerly § 119, added L.1978, c. 220, § 2. Amended L.1978, c. 221, § 3; L.1980, c. 714, §§ 6, 7; L.1984, c. 28, § 3; L.1986, c. 404, § 8; L.1995, c. 473, § 7; L.2000, c. 263, § 2, eff. Nov. 1, 2000; L.2002, c. 494, § 5, eff. Sept. 17, 2002; L.2004, c. 392, § 4, eff. Dec. 15, 2004; L.2005, c. 534, § 4, eff. Oct. 15, 2005. Renumbered § 118 and amended L.2010, c. 59, pt. T, § 14, eff. Jan. 1, 2011.)

 

 

§ 119. Disposition of fines

Notwithstanding any other provision of law, all moneys collected as fines or penalties by any municipality as a result of any prosecution for violations of the provisions of this article or any local law or ordinance and all bail forfeitures by persons charged with such violations shall be the property of the municipality and shall be paid to the financial officer of such municipality. Such moneys shall be used only for controlling dogs and enforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and any facility as authorized under section one hundred sixteen of this article used therefor, and subsidizing public humane education programs in responsible dog ownership.

CREDIT(S)

(Formerly § 120, added L.1978, c. 220, § 2. Renumbered § 119 and amended L.2010, c. 59, pt. T, § 15, eff. Jan. 1, 2011.)

 

 

[§ 119-a. Repealed. L.1978, c. 220, § 1, eff. Jan. 1, 1980]

 

 

§ 120. Protection of deer

1. Whenever the governing body of any municipality shall determine that the deer population in the municipality or part thereof is suffering severe depredation due to dogs attacking, chasing or worrying deer, such governing body may by order require that all dogs in such municipality or part thereof shall be securely confined during the period of time designated in the order or, if no time is designated, until the order is revoked.

2. Notice of such order shall be given by publication in a newspaper or newspapers of general circulation in said municipality which shall be designated by such governing body and by filing a copy of the order in the office of each clerk in the area affected by such order. Such order shall be in full force and effect at the expiration of twenty-four hours following publication of such notice.

3. If any dog is not confined as required by such order, any dog control officer, peace officer, acting pursuant to his special duties, or police officer shall seize such dog. Any dog so seized shall be subject to the provisions of section one hundred eighteen of this article. A dog shall not be deemed to be in violation of such order if accompanied by and under the full control of the owner.

4. If any dog, which is not confined as required by such order, shall attack, chase or worry any deer, any dog control officer, peace officer, acting pursuant to his special duties, or police officer upon witnessing the same, shall destroy, or seize and destroy, such dog, and no liability in damages or otherwise shall be incurred on account of such destruction.

5. If any dog shall kill or cripple any deer, the owner shall be subject to a civil penalty in the amount of one hundred dollars for the first deer killed or crippled by the dog or by the pack of dogs, if any, of which the dog was a member, and in the amount of one hundred fifty dollars for each additional deer killed or crippled, to be recovered in an action brought by the commissioner of environmental conservation on behalf of the people of the state of New York.

6. This section and any order issued pursuant thereto shall not apply to dogs in special dog training areas or shooting preserves enclosed and licensed pursuant to the provisions of the environmental conservation law, while such dogs are under the control of the owner or trainer.

CREDIT(S)

(Formerly § 122, added L.1978, c. 220, § 2. Amended L.1980, c. 843, § 115. Renumbered § 120, L.2010, c. 59, pt. T, § 16, eff. Jan. 1, 2011.)

 

[§ 120-a. Repealed. L.1978, c. 220, § 1, eff. Jan. 1, 1980]

 

 

§ 121. Night quarantine

1. The governing body of any municipality may at any time by order require that all dogs in such municipality shall be securely confined between sunset and one hour after sunrise during the period of time designated in the order, or, if no time is so designated, until the order is revoked.

2. Notice of such order shall be given by publication in a newspaper or newspapers of general circulation in said municipality which shall be designated by such governing body and by filing a copy of the order in the office of each clerk in the area affected by such order.

3. Any dog control officer, peace officer, acting pursuant to his special duties, or police officer shall destroy or seize any dog not confined as required by such order, and no liability in damages or otherwise shall be incurred on account of such destruction or seizure. Any dog so seized shall be subject to the provisions of section one hundred eighteen of this article. A dog shall not be deemed to be in violation of such order if accompanied by and under the full control of the owner.

CREDIT(S)

(Formerly § 123, added L.1978, c. 220, § 2. Amended L.1980, c. 843, § 116. Renumbered § 121, L.2010, c. 59, pt. T, § 17, eff. Jan. 1, 2011.)

 

 

§ 121-a. Renumbered § 123-a by L.2010, c. 59, pt. T, § 19, eff. Jan. 1, 2011

 

§ 121-b. Renumbered § 123-b by L.2010, c. 59, pt. T, § 20, eff. Jan. 1, 2011

 

 

§ 122. Local laws or ordinances

1. Any municipality may enact a local law or ordinance upon the keeping or running at large of dogs and the seizure thereof, provided no municipality shall vary, modify, enlarge or restrict the provisions of this article relating to rabies vaccination and euthanization.

2. Such local law or ordinance may:

(a) impose penalties for violation of such restrictions to be recovered in a civil action in the name of such municipality;

(b) provide for enforcement by fine or imprisonment for any such violation; or

(c) provide for the issuance pursuant to the criminal procedure law of an appearance ticket, or in lieu thereof, a uniform appearance ticket, or in lieu thereof, a uniform appearance ticket and simplified information, as provided in section one hundred fourteen of this article, by any dog control officer, peace officer, acting pursuant to his special duties, or police officer, who is authorized by any municipality to assist in the enforcement of this article for any such violation.

CREDIT(S)

(Formerly § 124, added L.1978, c. 220, § 2. Amended L.1980, c. 714, §§ 8, 9; L.1980, c. 843, § 117. Renumbered § 122 and amended L.2010, c. 59, pt. T, § 21, eff. Jan. 1, 2011.)

 

 

§ 123. Dangerous dogs

1. Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal as defined in section three hundred fifty of this chapter, farm animal as defined in such section three hundred fifty, or a domestic animal as defined in subdivision seven of section one hundred eight of this article to a dog control officer or police officer of the appropriate municipality. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in subdivision two of this section and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself.

2. Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may, and any dog control officer or police officer as provided in subdivision one of this section shall, make a complaint under oath or affirmation to any municipal judge or justice of such attack or threatened attack. Thereupon, the judge or justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to any dog control officer, peace officer, acting pursuant to his or her special duties, or police officer directing such officer to immediately seize such dog and hold the same pending judicial determination as provided in this section. Whether or not the judge or justice finds there is probable cause for such seizure, he or she shall, within five days and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint. The petitioner shall have the burden at such hearing to prove the dog is a “dangerous dog” by clear and convincing evidence. If satisfied that the dog is a dangerous dog, the judge or justice shall then order neutering or spaying of the dog, microchipping of the dog and one or more of the following as deemed appropriate under the circumstances and as deemed necessary for the protection of the public:

(a) evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by such expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this section;

(b) secure, humane confinement of the dog for a period of time and in a manner deemed appropriate by the court but in all instances in a manner designed to: (1) prevent escape of the dog, (2) protect the public from unauthorized contact with the dog, and (3) to protect the dog from the elements pursuant to section three hundred fifty-three-b of this chapter. Such confinement shall not include lengthy periods of tying or chaining;

(c) restraint of the dog on a leash by an adult of at least twenty-one years of age whenever the dog is on public premises;

(d) muzzling the dog whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration; or

(e) maintenance of a liability insurance policy in an amount determined by the court, but in no event in excess of one hundred thousand dollars for personal injury or death resulting from an attack by such dangerous dog.

3. Upon a finding that a dog is dangerous, the judge or justice may order humane euthanasia or permanent confinement of the dog if one of the following aggravating circumstances is established at the judicial hearing held pursuant to subdivision two of this section:

(a) the dog, without justification, attacked a person causing serious physical injury or death; or

(b) the dog has a known vicious propensity as evidenced by a previous unjustified attack on a person, which caused serious physical injury or death; or

(c) the dog, without justification, caused serious physical injury or death to a companion animal, farm animal or domestic animal, and has, in the past two years, caused unjustified physical injury or death to a companion or farm animal as evidenced by a “dangerous dog” finding pursuant to the provisions of this section. An order of humane euthanasia shall not be carried out until expiration of the thirty day period provided for in subdivision five of this section for filing a notice of appeal, unless the owner of the dog has indicated to the judge in writing, his or her intention to waive his or her right to appeal. Upon filing of a notice of appeal, the order shall be automatically stayed pending the outcome of the appeal.

4. A dog shall not be declared dangerous if the court determines the conduct of the dog (a) was justified because the threat, injury or damage was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or upon the property of the owner or custodian of the dog; (b) was justified because the injured, threatened or killed person was tormenting, abusing, assaulting or physically threatening the dog or its offspring, or has in the past tormented, abused, assaulted or physically threatened the dog or its offspring; (c) was justified because the dog was responding to pain or injury, or was protecting itself, its owner, custodian, or a member of its household, its kennels or its offspring; or was justified because the injured, threatened or killed companion animal, farm animal or domestic animal was attacking or threatening to attack the dog or its offspring. Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert shall be relevant to the court's determination as to whether the dog's behavior was justified pursuant to the provisions of this subdivision.

5.

(a) The owner of a dog found to be a “dangerous dog” pursuant to this section may appeal such determination, and/or the court's order concerning disposition of the dog to the court having jurisdiction to hear civil appeals in the county where the “dangerous dog” finding was made. The owner shall commence such appeal by filing a notice of appeal with the appropriate court within thirty days of the final order pursuant to this section. Court rules governing civil appeals in the appropriate jurisdiction shall govern the appeal of a determination under this section.

(b) Upon filing a notice of appeal from an order of humane euthanasia pursuant to this section, such order shall be automatically stayed pending final determination of any appeal. In all other circumstances, the owner of the dog may make application to the court to issue a stay of disposition pending determination of the appeal.

6. The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person, service dog, guide dog or hearing dog causing physical injury shall be subject to a civil penalty not to exceed four hundred dollars in addition to any other applicable penalties.

7. The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person causing serious physical injury shall be subject to a civil penalty not to exceed one thousand five hundred dollars in addition to any other applicable penalties. Any such penalty may be reduced by any amount which is paid as restitution by the owner of the dog to the person or persons suffering serious physical injury as compensation for unreimbursed medical expenses, lost earnings and other damages resulting from such injury.

8. The owner of a dog who, through any act or omission, negligently permits his or her dog, which had previously been determined to be dangerous pursuant to this article, to bite a person causing serious physical injury, shall be guilty of a misdemeanor punishable by a fine of not more than three thousand dollars, or by a period of imprisonment not to exceed ninety days, or by both such fine and imprisonment in addition to any other applicable penalties. Any such fine may be reduced by any amount which is paid as restitution by the owner of the dog to the person or persons suffering serious physical injury as compensation for unreimbursed medical expenses, lost earnings and other damages resulting from such injury.

9. If any dog, which had previously been determined by a judge or justice to be a dangerous dog, as defined in section one hundred eight of this article, shall without justification kill or cause the death of any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, regardless of whether such dog escapes without fault of the owner, the owner shall be guilty of a class A misdemeanor in addition to any other penalties.

10. The owner or lawful custodian of a dangerous dog shall, except in the circumstances enumerated in subdivisions four and eleven of this section, be strictly liable for medical costs resulting from injury caused by such dog to a person, companion animal, farm animal or domestic animal.

11. The owner shall not be liable pursuant to subdivision six, seven, eight, nine or ten of this section if the dog was coming to the aid or defense of a person during the commission or attempted commission of a murder, robbery, burglary, arson, rape in the first degree as defined in subdivision one or two of section 130.35 of the penal law, criminal sexual act in the first degree as defined in subdivision one or two of section 130.50 of the penal law or kidnapping within the dwelling or upon the real property of the owner of the dog and the dog injured or killed the person committing such criminal activity.

12. Nothing contained in this section shall limit or abrogate any claim or cause of action any person who is injured by a dog with a vicious disposition or a vicious propensity may have under common law or by statute. The provisions of this section shall be in addition to such common law and statutory remedies.

13. Nothing contained in this section shall restrict the rights and powers derived from the provisions of title four of article twenty-one of the public health law relating to rabies and any rule and regulation adopted pursuant thereto.

14. Persons owning, possessing or harboring dangerous dogs shall report the presence of such dangerous dogs pursuant to section two hundred nine-cc of the general municipal law.

CREDIT(S)

(Formerly § 121, added L.1978, c. 220, § 2. Amended L.1980, c. 843, § 114; L.1997, c. 530, § 4, eff. Sept. 1, 1998; L.2000, c. 263, § 3, eff. Nov. 1, 2000; L.2003, c. 264, § 51, eff. Nov. 1, 2003; L.2004, c. 392, § 3, eff. Dec. 15, 2004; L.2005, c. 289, § 1, eff. Dec. 15, 2004; L.2005, c. 526, § 1, eff. Nov. 14, 2005. Renumbered § 123 and amended L.2010, c. 59, pt. T, § 18, eff. Jan. 1, 2011.

 

§ 123-a. Exemption from civil liability

1. If any dog shall, without justification, attack a person, or behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury to a person, when such person is peaceably conducting himself in a place where he may lawfully be, such person or any other person witnessing the attack or threatened attack may destroy such dog while so attacking, and no liability in damages or otherwise shall be incurred on account of such destruction.

2. If any dog shall, without justification, attack a companion animal, farm animal or domestic animal, or shall behave in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a companion animal, farm animal or domestic animal, where such animal is in any place where it may lawfully be, the owner or caretaker of such animal, or any other person witnessing the attack, may destroy such dog, and no liability in damages or otherwise shall be incurred on account of such destruction.

CREDIT(S)

(Formerly § 121-a, added L.2004, c. 392, § 5, eff. Dec. 15, 2004. Renumbered § 123-a, L.2010, c. 59, pt. T, § 19, eff. Jan. 1, 2011.)

 


§ 123-b. Offenses against service animals and handlers

1. Definitions. For purposes of this section:

(a) “Service animal” shall mean any animal that has been partnered with a person who has a disability and has been trained or is being trained, by a qualified person, to aid or guide a person with a disability.

(b) “Disability” shall have the same meaning as provided in section two hundred ninety-two of the executive law.

(c) “Handler” shall mean a disabled person using a service animal.

(d) “Formal training program” or “certified trainer” shall mean an institution, group or individual who has documentation and community recognition as a provider of service animals.

2. Any person who owns an animal or possesses control of such animal and who, through any act or omission, recklessly permits his or her animal to interfere with the proper working of a service animal, exposing the handler and service animal to danger or resulting in injury or death of the service animal shall be subject to a civil penalty not to exceed one thousand dollars in addition to any other applicable penalties.

3. Any person who owns an animal or possesses control of such animal and who, through any act or omission, recklessly permits his or her animal to interfere with the proper working of a service animal, exposing the handler and service animal to danger or resulting in injury or death of the service animal, where the animal causing such injury has previously been determined to be dangerous pursuant to this article, shall be guilty of a violation punishable by a fine of not more than two thousand dollars, or by a period of imprisonment not to exceed fifteen days, or by both such fine and imprisonment in addition to any other applicable penalties.

4. The handler of the service animal incapacitated, injured or killed shall have the right to pursue any and all civil remedies available to recover damages for medical and veterinary expenses, rehabilitation or replacement of the service animal, and lost wages, transportation expenses or other expenses directly related to the temporary or permanent loss of the service animal.

CREDIT(S)

(Formerly § 121-b, added L.2007, c. 582, § 2, eff. Nov. 1, 2007. Renumbered § 123-b, L.2010, c. 59, pt. T, § 20, eff. Jan. 1, 2011.)

 

§ 124. Powers of commissioner

The commissioner is hereby authorized to:

(a) promulgate, after public hearing, such rules and regulations as are necessary to supplement and give full effect to the provisions of sections one hundred thirteen, one hundred fourteen and one hundred seventeen of this article; and

(b) exercise all other powers and functions as are necessary to carry out the duties and purposes set forth in sections one hundred thirteen, one hundred fourteen and one hundred seventeen of this article.

CREDIT(S)

(Formerly § 126, added L.1978, c. 220, § 2. Renumbered § 124 and amended L.2010, c. 59, pt. T, § 22, eff. Jan. 1, 2011.)

 

§ 125. Repealed by L.2010, c. 59, pt. T, § 21-a, eff. Jan. 1, 2011

HISTORICAL AND STATUTORY NOTES
2011 Electronic Update

The repealed section, relating to indemnification for dog damage, was added by L.1978, c. 220, § 2 and amended by L.1979, c. 189, § 4; L.1979, c. 707, § 4; L.1983, c. 845, § 1; L.1985, c. 647, § 2; L.1989, c. 158, §§ 2, 3; L.1989, c. 397, § 1; L.1989, c. 446,§ 1.

The section was derived from former § 118, added L.1929, c. 173, § 2; amended L.1933, c. 238; L.1939, c. 536; L.1939, c. 729, § 4; L.1940, c. 29, § 2; L.1940, c. 282; L.1946, cc. 582, 583; L.1947, c. 174; L.1950, c. 396; L.1952, c. 278; L.1953, c. 542; L.1961, cc. 51, 52, 331; L.1962, cc. 310, 534; L.1966, c. 689; L.1967, c. 219, L.1970, c. 190; L.1979, c. 707; repealed L.1978, c. 220.

 

§ 126. Renumbered § 124 by L.2010, c. 59, pt. T, § 22, eff. Jan. 1, 2011

HISTORICAL AND STATUTORY NOTES
2004 Main Volume

Former Sections

A former § 126, added L.1929, c. 173, § 2; amended L.1951, c. 816; L.1957, c. 125; L.1975, c. 374, § 1; L.1975, c. 505, § 3; L.1977, c. 140, § 2, and repealed by L.1978, c. 220, § 1, related to additional restrictions on dogs by municipalities and is now covered in part by Agriculture and Markets Law § 124.

Another former § 126, which related to the application of this article to New York City and which contained a savings clause, was added L.1922, c. 48; amended L.1924, c. 455; repealed L.1929, c. 173, § 1.

 

[§ 126-a. Repealed. L.1978, c. 220, § 1, eff. Jan. 1, 1980]

 

[§ 127. Repealed. L.1929, c. 173, § 1]

HISTORICAL AND STATUTORY NOTES

2004 Main Volume

A former § 127, added L.1929, c. 173, § 2, and amended L.1930, c. 79; L.1939, c. 729, § 8; L.1970, c. 627, § 1, related to application of former article 7.

A prior § 127, which provided for enforcement of this article by village authorities, was added L.1922, c. 48; amended L.1922, c. 369; L.1924, c. 455; L.1927, c. 207, § 27; repealed L.1929, c. 173, § 1.

 

Agriculture and Markets Law.  Chapter 69 Of the Consolidated Laws.  Article 25-B. Abandoned Animals.

§ 331. Abandonment of certain animals

An animal is deemed to be abandoned when it is placed in the custody of a veterinarian, veterinary hospital, boarding kennel owner or operator, stable owner or operator, or any other person for treatment, board, or care and:

1. Having been placed in such custody for a specified period of time the animal is not removed at the end of such specified period and a notice to remove the animal within ten days thereafter has been given to the person who placed the animal in such custody, by means of registered letter mailed to the last known address of such person, or:

2. Having been placed in such custody for an unspecified period of time the animal is not removed within twenty days after notice to remove the animal has been given to the person who placed the animal in such custody, by means of a registered letter mailed to the last known address of such person.

3. The giving of notice as prescribed in this section shall be deemed a waiver of any lien on the animal for the treatment, board or care of the animal but shall not relieve the owner of the animal removed of his contractual liability for such treatment, board or care furnished.

CREDIT(S)

(Added L.1961, c. 328.)

 

 

§ 332. Disposition

Any Any person having in his or her care, custody, or control any abandoned animal, as defined in section three hundred thirty-one of this article, may deliver such animal to any duly incorporated society for the prevention of cruelty to animals or any duly incorporated humane society having facilities for the care and eventual disposition of such animals, or, in the case of dogs, cats and other small animals, to any pound maintained by or under contract or agreement with any county, city, town, or village within which such animal was abandoned. The person with whom the animal was abandoned shall, however, on the day of divesting himself or herself of possession thereof, notify the person who had placed such animal in his or her custody of the name and address of the animal society or pound to which the animal has been delivered, such notice to be by registered letter mailed to the last known address of the person intended to be so notified. If an animal is not claimed by its owner within five days after being so delivered to such duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or pound, such animal may at any time thereafter be placed for adoption in a suitable home or euthanized in accordance with the provisions of section three hundred seventy-four of this chapter. In no event, however, shall the use of a decompression chamber or decompression device of any kind be used for the purpose of destroying or disposing of such animal.

CREDIT(S)

(Added L.1961, c. 328. Amended L.1980, c. 674, § 4; L.2009, c. 479, § 5, eff. Oct. 9, 2010; L.2010, c. 449, § 1, eff. Oct. 9, 2010.)

 

 

Agriculture and Markets Law.  Chapter 69 Of the Consolidated Laws.  Article 26-A. Care of Animals by Pet Dealers.

§ 400. Definitions

As used in this article:

1. "Animal" means a dog or a cat.

2. "Consumer" means any individual purchasing an animal from a pet dealer. A pet dealer shall not be considered a consumer.

3. "Person" means any individual, corporation, partnership, association, municipality, or other legal entity.

4. "Pet Dealer" means any person who engages in the sale or offering for sale of more than nine animals per year for profit to the public. Such definition shall include breeders who sell or offer to sell animals; provided that a breeder who sells or offers to sell directly to the consumer fewer than twenty-five animals per year that are born and raised on the breeder's residential premises shall not be considered a pet dealer as a result of selling or offering to sell such animals. Such definition shall further not include duly incorporated humane societies dedicated to the care of unwanted animals which make such animals available for adoption whether or not a fee for such adoption is charged.

CREDIT(S)
(Added L.2000, c. 259, § 4; amended L.2006, c. 687, § 1, eff. Sept. 13, 2006.)

 

§ 400-a. Preemption of local laws

The provisions of this article shall apply to all municipalities, including cities with a population of one million or more, and shall supersede any local law, rule, regulation, or ordinance regulating or licensing pet dealers as defined in this article. Nothing in this section shall be construed to limit or restrict any municipality from enforcing any local law, rule, regulation or ordinance of general application to businesses governing public health, safety or the rights of consumers.

CREDIT(S)

(Added L.2000, c. 259, § 4.)

 

§ 401. Minimum standards of animal care

Pet dealers shall comply with the following minimum standards of care for every animal in their custody or possession.

1. Housing. (a) Animals shall be housed in primary enclosures or cages, which shall be constructed so as to be structurally sound. Such enclosures shall be maintained in good repair to contain the animal housed inside and protect it from injury. Surfaces shall have an impervious surface so as not to permit the absorption of fluids and which can be thoroughly and repeatedly cleaned and disinfected without retaining odors.

(b) Primary enclosures or cages housing the animals shall provide sufficient space to allow each animal adequate freedom of movement to make normal postural adjustments, including the ability to stand up, turn around, and lie down with its limbs outstretched. If the flooring is constructed of metal strands, such strands must either be greater than one-eighth inch in diameter (nine gauge wire) or shall be coated with a material such as plastic or fiberglass, and shall be constructed so as not to allow passage of the animal's feet through any opening in the floor of the enclosure. Such flooring shall not sag or bend substantially between structural supports.

(c) Housing facilities shall be adequately ventilated at all times to provide for the health and well-being of the animal. Ventilation shall be provided by natural or mechanical means, such as windows, vents, fans, or air conditioners. Ventilation shall be established to minimize drafts, odors, and moisture condensation.

(d) The temperature surrounding the animal shall be compatible with the health and well-being of the animal. Temperature shall be regulated by heating and cooling to sufficiently protect each animal from extremes of temperature and shall not be permitted to fall below or rise above ranges which would pose a health hazard to the animal. This shall include supplying shade from sunlight by natural or artificial means.

(e) The indoor facilities housing the animals shall be provided with adequate lighting sufficient to permit routine inspection and cleaning and be arranged so that each animal is protected from excessive illumination which poses a health hazard to the animal.

(f) The indoor and outdoor facilities housing the animals, including the primary enclosure or cage, shall be designed to allow for the efficient elimination of animal waste and water in order to keep the animal dry and prevent the animal from coming into contact with these substances. If drains are used they shall be constructed in a manner to minimize foul odors and backup of sewage. If a drainage system is used it shall comply with federal, state, and local laws relating to pollution control.

(g) In the event that a pet dealer has a pregnant or nursing dog on his or her premises, the pet dealer shall provide a whelping box for such dog.

(h) Pet dealers shall designate and provide an isolation area for animals that exhibit symptoms of contagious disease or illness. The location of such designated area must be such as to prevent or reduce the spread of disease to healthy animals.

2. Sanitation. Housing facilities, including primary enclosures and cages, shall be kept in a clean condition in order to maintain a healthy environment for the animal. This shall include removing and destroying any agents injurious to the health of the animal and periodic cleanings. The primary enclosure or cage shall be constructed so as to eliminate excess water, excretions, and waste material. Under no circumstances shall the animal remain inside the primary enclosure or cage while it is being cleaned with sterilizing agents or agents toxic to animals or cleaned in a manner likely to threaten the health and safety of the animal. Trash and waste products on the premises shall be properly contained and disposed of so as to minimize the risks of disease, contamination, and vermin.

3. Feeding and watering. (a) Animals shall be provided with wholesome and palatable food, free from contamination and of nutritional value sufficient to maintain each animal in good health.

(b) Animals shall be adequately fed at intervals not to exceed twelve hours or at least twice in any twenty-four hour period in quantities appropriate for the animal species and age, unless determined otherwise by and under the direction of a duly licensed veterinarian.

(c) Food receptacles shall be provided in sufficient number, of adequate size, and so located as to enable each animal in the primary enclosure or cage to be supplied with an adequate amount of food.

(d) Animals shall be provided with regular access to clean, fresh water, supplied in a sanitary manner sufficient for its needs, except when there are instructions from a duly licensed veterinarian to withhold water for medical reasons.

4. Handling. Each animal shall be handled in a humane manner so as not to cause the animal physical injury or harm.

5. Veterinary care. (a) Any pet dealer duly licensed pursuant to this article shall designate an attending veterinarian, who shall provide veterinary care to the dealer's animals which shall include a written program of veterinary care and regular visits to the pet dealer's premises. Such program of veterinary care shall include:

(i) The availability of appropriate facilities, personnel, equipment, and services to comply with the provisions of this article;

(ii) The use of methods determined to be appropriate by the attending veterinarian to prevent, control, and respond to diseases and injuries, and the availability of emergency, weekend, and holiday care;

(iii) Daily observation of all animals to assess their health and well-being; provided, however, that daily observation of animals may be accomplished by someone other than the attending veterinarian who has received the guidance identified in subparagraph (iv) of this paragraph; and provided, further, that a mechanism of direct and frequent communication is required so that timely and accurate information on problems of animal health, behavior, and well-being is conveyed to the attending veterinarian;

(iv) Adequate guidance to personnel involved in the care and use of animals regarding handling and immobilization; and

(v) Pre-procedural and post-procedural care in accordance with established veterinary medical and nursing procedures.

(b) All animals shall be inoculated as required by state or local law. Veterinary care appropriate to the species shall be provided without undue delay when necessary. Each animal shall be observed each day by the pet dealer or by a person working under the pet dealer's supervision.

(c) Within five business days of receipt, but prior to sale of any dog, the pet dealer shall have a duly licensed veterinarian conduct an examination and tests appropriate to the age and breed to determine if the animal has any medical conditions apparent at the time of the examination that adversely affect the health of the animal. For animals eighteen months of age or older, such examination shall include a diagnosis of any congenital conditions that adversely affect the health of the animal. Any animal diagnosed with a contagious disease shall be treated and caged separately from healthy animals.

(d) If an animal suffers from a congenital or hereditary condition, disease, or illness which, in the professional opinion of the pet dealer's veterinarian, requires euthanasia, the veterinarian shall humanely euthanize such animal without undue delay.

(e) In the event an animal is returned to a pet dealer due to a congenital or hereditary condition, illness, or disease requiring veterinary care, the pet dealer shall, without undue delay, provide the animal with proper veterinary care.

6. Humane euthanasia. Humane euthanasia of an animal shall be carried out in accordance with section three hundred seventy-four of this chapter.

7. Exercise requirements. Pet dealers shall develop, maintain, document, and implement an appropriate plan to provide dogs with the opportunity for daily exercise. In developing such plan, consideration should be given to providing positive physical contact with humans that encourages exercise through play or other similar activities. Such plan shall be approved by the attending veterinarian, and must be made available to the department upon request.

Credits
(Added L.2000, c. 259, § 4. Amended L.2012, c. 110, §§ 1 to 4, eff. Nov. 15, 2012.)

 

§ 402. Records of purchase and sale

Each pet dealer shall keep and maintain records for each animal purchased, acquired, held, sold, or otherwise disposed of. The records shall include the following:

1. The name and address of the person from whom each animal was acquired. If the person from whom the animal was obtained is a dealer licensed by the United States department of agriculture, the person's name, address, and federal dealer identification number. If the person from whom the animal was obtained is a dealer licensed by the department, the person's name, address, and state dealer identification number. In the case of cats, if a cat is placed in the custody or possession of the pet dealer and the source of origin is unknown, the pet dealer shall state the source of origin as unknown, accompanied by the date, time, and location of receipt. Notwithstanding the provisions of this subdivision, no pet dealer shall knowingly buy, sell, exhibit, transport, or offer for sale, exhibition, or transportation any stolen animal. No pet dealer shall knowingly sell any cat or dog younger than eight weeks of age.

2. The original source of each animal if different than the person recorded in subdivision one of this section.

3. The date each animal was acquired.

4. A description of each animal showing age, color, markings, sex, breed, and any inoculation, worming, or other veterinary treatment or medication information available. Records shall also include any other significant identification, if known, for each animal, including any official tag number, tattoo, or implant.

5. The name and address of the person to whom any animal is sold, given, or bartered or to whom it is otherwise transferred or delivered. The records shall indicate the date and method of disposition.

6. Records for each animal shall be maintained for a period of two years from the date of sale or transfer, whichever occurs later. During normal business hours, the records shall be made available to persons authorized by law to enforce the provisions of this article.

Credits
(Added L.2000, c. 259, § 4. Amended L.2012, c. 110, § 6, eff. Nov. 15, 2012.)

 

§ 403. Licenses

1. No person shall operate as a pet dealer unless such person holds a license issued therefor by the commissioner. Notwithstanding the foregoing, a pet dealer, in operation on or before the effective date of this section, [FN1] who has filed an application for an initial license under this article shall be authorized to operate without such license until the commissioner grants or, after notice and opportunity to be heard, declines to grant such license. Each application for a license shall be made on a form supplied by the department and shall contain such information as may be required by the department. Renewal applications shall be submitted to the commissioner at least thirty days prior to the commencement of the next license year.

2. The commissioner may delegate his or her authority pursuant to this section to issue pet dealer licenses to the county or city where the pet dealer seeking licensure is located. Such delegation shall be pursuant to an agreement entered into by the commissioner and such city or county.

3. Each application for a license shall be accompanied by a nonrefundable fee of one hundred dollars, except that those pet dealers who engage in the sale of less than twenty-five animals in a year, shall pay a nonrefundable fee of twenty-five dollars.

4. The moneys received by the commissioner pursuant to this section shall be deposited in the "pet dealer licensing fund" established pursuant to section ninety-seven-rr of the state finance law.

5. Where the authority to issue pet dealer licenses is delegated to the county or city pursuant to subdivision two of this section, that county or city shall, on or before the fifth day of each month, remit to the appropriate municipal financial officer one hundred percent of all license fees collected during the preceding month. The remittance shall be accompanied by a report of license sales made during such month. A copy of such report shall simultaneously be sent to the commissioner. All license fees so remitted shall be the property of the municipality, and shall be used solely for the purpose of carrying out and enforcing the provisions of this article and of article thirty-five-D of the general business law. [FN2]

6. Inspection in accordance with section four hundred five of this article, the results of which establish compliance with the provisions of this article and with the provisions of article thirty-five-D of the general business law regarding recordkeeping and consumer disclosure requirements for pet dealers, shall precede issuance of a license or renewal thereof under this section.

7. Upon validation by the commissioner or the county or city authorized under this section to issue pet dealer licenses, the application shall become the license of the pet dealer.

8. The commissioner shall provide a copy of the license to the pet dealer. The commissioner shall also retain a copy of the license. In those counties where the commissioner has delegated the licensing authority to the county or city that county or city shall, provide a copy of the license to the pet dealer and a copy to the commissioner. The county or city shall also retain a copy of the license in its own records.

9. No pet dealer shall publish or advertise the sale or availability of any dog or cat unless the publication or advertisement is accompanied by the pet dealer's license number. Notwithstanding the foregoing, a pet dealer, in operation on or before the effective date of this section, who has filed an application for an initial license under this article may publish or advertise the sale or availability of any dog or cat without the publication or advertisement being accompanied by the pet dealer's license number until the commissioner grants or, after notice and opportunity to be heard, declines to grant such license.

10. Such license shall be renewable annually, together with the payment of a nonrefundable fee of one hundred dollars, or upon payment of a nonrefundable fee of twenty-five dollars for those pet dealers who engage in the sale of less than twenty-five animals in a year.

11. Pet dealers shall conspicuously display their license on the premises where the animals are kept for sale so that they may be readily seen by potential consumers.

[FN1] L.2000, c. 259, § 4. See note below for effective date.

[FN2] General Business Law § 751 et seq.

CREDIT(S)

(Added L.2000, c. 259, § 4.)

 

§ 404. License refusal, suspension, or revocation

The commissioner may decline to grant or renew or may suspend or revoke a pet dealer license, on any one of the following grounds:

1. Material misstatement in the license application.

2. Material misstatement in or falsification of records required to be kept pursuant to this article, or under any regulation promulgated thereunder, or failure to allow the commissioner or his or her authorized agents to inspect records or pet dealer facilities.

3. Violation of any provision of this article or conviction of a violation of any provision of article twenty-six of this chapter1 or regulations promulgated thereunder pertaining to humane treatment of animals, cruelty to animals, endangering the life or health of an animal, or violation of any federal, state, or local law pertaining to the care, treatment, sale, possession, or handling of animals or any regulation or rule promulgated pursuant thereto relating to the endangerment of the life or health of an animal.

4. Before any license shall be suspended or revoked, the commissioner, or any hearing officer he or she may designate, shall hold a hearing, upon due notice to the licensee, in accordance with any regulations promulgated by the department and in accordance with articles three and four of the state administrative procedure act.2 Where a licensee has three consecutive inspections in which the licensee has failed to correct deficiencies of a critical nature, pursuant to this section, the commissioner shall hold a hearing to consider the suspension or revocation of the pet dealer license. Nothing in this section shall prohibit the commissioner from taking additional actions as otherwise permitted by this section regarding such licenses prior to the occurrence of three consecutive inspections in which the licensee has failed to correct deficiencies of a critical nature.

5. Any action of the commissioner shall be subject to judicial review in a proceeding under article seventy-eight of the civil practice law and rules.3

Credits

(Added L.2000, c. 259, § 4. Amended L.2013, c. 256, § 1, eff. Nov. 28, 2013.)

 

§ 405. Inspection of pet dealers

1. The commissioner or his or her authorized agents shall, at a minimum, make yearly inspections of pet dealers' facilities to ensure compliance with the provisions of this article and with the provisions of article thirty-five-D of the general business law, [FN1] except for those pet dealers who engage in the sale of less than twenty-five animals in a year, in which case inspections shall be made whenever in the discretion of the commissioner or his or her authorized agents, a complaint warrants such investigation.

2. The commissioner may, pursuant to an agreement entered into with a county or city delegate the authority to conduct inspections of pet dealers and to respond to complaints concerning pet dealers to such county or city where the pet dealer is located; provided however such delegation of inspection authority shall only be permitted where the commissioner has delegated his or her authority to issue licenses pursuant to section four hundred three of this article.

3. Any person conducting an inspection of a pet dealer or responding to a complaint concerning a pet dealer shall be specifically trained in the proper care of cats and dogs and in the investigation and identification of cruelty to animals.

[FN1] General Business Law § 751 et seq.

CREDIT(S)

(Added L.2000, c. 259, § 4.)

 

§ 406. Violations

1. In addition to the penalties provided for elsewhere in this section, a pet dealer who violates any provisions of this article may be subject to denial, revocation, suspension, or refusal of renewal of his or her license in accordance with the provisions of section four hundred four of this article.

2. [Eff. until Jan. 27, 2014. See, also, subd. 2 below.] Violation of any provision of this article, is a civil offense, for which a penalty of not less than fifty dollars and not more than one thousand dollars for each violation may be imposed.

2. [Eff. Jan. 27, 2014. See, also, subd. 2 above.] Violation of any provision of this article, is a civil offense, for which a penalty of not less than one hundred dollars and not more than one thousand dollars for each violation may be imposed.

3. The provisions of this article may be enforced concurrently by the department and by the county or city to which the commissioner has delegated his or her licensing and inspection authority pursuant to section four hundred three and four hundred five of this article, and all moneys collected thereunder shall be retained by such municipality or local government.

Credits

(Added L.2000, c. 259, § 4. Amended L.2013, c. 251, § 1, eff. Jan. 27, 2014.)

 

§ 407. Construction with other laws

Nothing in this article shall be construed to limit or restrict agents or officers of societies for the prevention of cruelty to animals or the police from enforcing other provisions of article twenty-six of this chapter [FN1] or any other law relating to the humane treatment of or cruelty to animals.

[FN1] Agriculture and Markets Law § 350 et seq.

CREDIT(S)

(Added L.2000, c. 259, § 4.)

 

Article 26-B. Animal Response Teams

§ 410. Establishment of animal response teams

1. The commissioner is hereby authorized to establish state and county animal response teams to support the prevention of, preparedness for, response to, and recovery from emergencies and disasters affecting animals in New York state. The commissioner may appoint qualified volunteers to such teams which may include appropriate state agency and specialty personnel and such other personnel and volunteers he or she deems appropriate. For purposes of this section, “qualified volunteer” shall mean a person who does not receive compensation for his or her services, who is an active member of an animal response team and has either been activated by directive of the commissioner or is acting in an official capacity of the animal response team pursuant to guidelines from the commissioner.

2. The commissioner shall be responsible for training such teams established pursuant to this section to ensure response during emergencies and disasters.

3. Individuals appointed to an animal response team shall be deemed volunteer state employees for purposes of section seventeen of the public officers law and section three of the workers' compensation law.

4. The commissioner shall promulgate rules and regulations relating to the formation, training, appointing and activation of state and county animal response teams established pursuant to this article, and is authorized to solicit and accept funds from any public or private source to help carry out the provisions of this article. Provided, however, that the commissioner shall consult with state and local emergency personnel relative to the activation of such animal response teams.

CREDIT(S)

(Added L.2008, c. 182, § 1, eff. July 7, 2008.)

 

General Business Law.  Chapter 20 Of the Consolidated Laws.  Article 26. Miscellaneous.

§ 399-aa. Prohibition of the selling of fur, hair, skin or flesh of a dog or cat

1. It shall be unlawful for any person, firm, partnership or corporation to knowingly import, sell, offer for sale, manufacture, distribute, transport or otherwise market or trade in the fur, hair, skin or flesh of a domesticated dog (canis familiaris) or domesticated cat (felis catus or domesticus), whether domestically raised or imported from another country, or any product or item containing or comprised of the fur, hair, skin or flesh of a dog or cat. As used in this section the term "domesticated dog or cat" shall not mean or include coyote (ranis latrans), fox (vulpes volpes, vulpes cinereoargenteus), lynx (felis lynx) or bobcat (felis rufus).

2. Manufacturers or suppliers shall provide certification to each retailer that any fur, hair, skin or flesh contained in such items is not derived from domesticated dog or domesticated cat.

3. The state commissioner of agriculture and markets shall establish a standard for the certification required by the provisions of subdivision two of this section on the effective date of this section.

4. A violation of this section shall be punishable by a civil penalty of up to one thousand dollars for an individual and up to five thousand dollars for a corporation for the first violation. Any subsequent violation shall be punishable by a civil penalty of up to twenty-five thousand dollars.

5. Any civil penalties collected pursuant to this section of law are payable to the animal population control fund established pursuant to section ninety-seven-xx of the state finance law.

6.

(a) No provision of this section shall be construed to prohibit or interfere with any properly conducted scientific tests, experiments or investigations involving the use of dog or cat fur or flesh, performed or conducted in laboratories or institutions, which are approved for these purposes by the state commissioner of health in accordance with section three hundred fifty-three of the agriculture and markets law.

(b) No provision of this section shall be construed to prohibit any person, firm, partnership or corporation from importing, selling, offering for sale, manufacturing, distributing, transporting, or otherwise marketing or trading in the fur, hair, skin, or flesh of a domesticated dog or cat for the purposes of conducting scientific tests, experiments or investigations that are to be performed or conducted in laboratories or institutions, which are approved for these purposes by the state commissioner of health in accordance with section three hundred fifty-three of the agriculture and markets law.

CREDIT(S)

(Added L.2002, c. 573, § 4, eff. Jan. 22, 2003.)

 

General Business Law.  Chapter 20 Of the Consolidated Laws.  Article 35-D. Sale of Dogs and Cats.

§ 751. Legislative intent

It is hereby determined and declared that supervision by the state of the sale of dogs or cats by pet dealers is within the public interest and for the purpose of safeguarding the public and insuring the humane treatment of such animals by guaranteeing the good health of such dogs or cats in the course of such transactions, or providing other alternatives to the consumer.

CREDIT(S)

(Formerly § 740, added L.1988, c. 431, § 1; renumbered L.1993, c. 68, § 1.)

 

§ 752. Definitions

As used in this article:

1. "Animal" means a dog or a cat.

2. "Consumer" means any individual purchasing an animal from a pet dealer. A pet dealer shall not be considered a consumer.

3. For purposes of section seven hundred fifty-three of this article, a " pet dealer" shall mean any person who, in the ordinary course of business, engages in the sale or offering for sale of more than nine animals per year for profit to the public. Such definition shall include breeders of animals who sell or offer for sale animals directly to a consumer but it shall not include duly incorporated humane societies dedicated to the care of unwanted animals which make such animals available for adoption whether or not a fee for such adoption is charged. For purposes of sections seven hundred fifty-three-a, seven hundred fifty-three-b, seven hundred fifty-three-c, seven hundred fifty-three-d and seven hundred fifty-three-e of this article, "pet dealer" shall mean any person who engages in the sale or offering for sale of more than nine animals per year for profit to the public. Such definition shall include breeders who sell animals; provided that a breeder who sells or offers to sell directly to the consumer fewer than twenty-five animals per year that are born and raised on the breeders residential premises shall not be considered a pet dealer as a result of selling or offering to sell such animals. Such definition shall not include duly incorporated humane societies dedicated to the care of unwanted animals which make such animals available for adoption whether or not a fee for such adoption is charged.

4. "Commissioner" shall mean the commissioner of agriculture and markets.

5. "Person" means any individual, corporation, partnership, association, municipality, or other legal entity.

6. "Nonelective surgical procedure" means a surgical procedure that is necessary to preserve or restore the health of an animal, to prevent an animal from experiencing pain or discomfort, or to correct a condition that would interfere with an animal's ability to walk, run, jump, or otherwise function in a normal manner.

7. "Clinically ill" means an illness that is apparent to a veterinarian based on observation, examination, or testing of an animal or upon review of the medical records relating to the animal.

CREDIT(S)

(Formerly § 741, added L.1988, c. 431, § 1; amended L.1990, c. 249, § 1; renumbered L.1993, c. 68, § 1; amended L.2000, c. 259, § 1, eff. Feb. 12, 2001; L.2006, c. 687, § 3, eff. Sept. 13, 2006.)

 

[§ 752-a. Repealed by L.2006, c. 687, § 2, eff. Sept. 13, 2006]

 

 

§ 753. Sale of animal

1. [Eff. until Jan. 27, 2014. See, also, subd. 1 below.] If, within fourteen business days following the sale of an animal subject to this article or receipt of the written notice required by section seven hundred fifty-four of this article, whichever occurred last, a veterinarian of the consumer's choosing, licensed by a state certifies such animal to be unfit for purchase due to illness, a congenital malformation which adversely affects the health of the animal, or the presence of symptoms of a contagious or infectious disease, the pet dealer shall afford the consumer the right to choose one of the following options:

(a) The right to return the animal and receive a refund of the purchase price including sales tax and reasonable veterinary costs directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section;

(b) The right to return the animal and to receive an exchange animal of the consumer's choice of equivalent value and reasonable veterinary costs directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section; or

(c) The right to retain the animal and to receive reimbursement from a pet dealer for veterinary services from a licensed veterinarian of the consumer's choosing, for the purpose of curing or attempting to cure the animal. The reasonable value of reimbursable services rendered to cure or attempting to cure the animal shall not exceed the purchase price of the animal. The value of such services is reasonable if comparable to the value of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian. Such reimbursement shall not include the costs of initial veterinary examination fees and diagnostic fees not directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section.

The commissioner by regulations shall prescribe a form for, and the content of, the certification that an animal is unfit for purchase, which shall be provided by an examining veterinarian to a consumer upon the examination of an animal which is subject to the provisions of this section. Such form shall include, but not be limited to, information which identifies the type of animal, the owner, the date and diagnosis of the animal, the treatment recommended if any, and an estimate or the actual cost of such treatment. Such form shall also include the notice prescribed in section seven hundred forty-three of this article.

The commissioner by regulations shall prescribe information which shall be provided in writing by the pet dealer to the consumer upon the sale of the animal. Such information shall include, but not be limited to, a description, including breed of the animal, the date of purchase, the name, address and telephone number of the consumer, and the amount of the purchase. The pet dealer shall certify such information by signing the document in which it is contained.

1. [Eff. Jan. 27, 2014. See, also, subd. 1 above.] If, within fourteen business days following the sale of an animal subject to this article or receipt of the written notice required by section seven hundred fifty-four of this article, whichever occurred last, a veterinarian of the consumer's choosing, licensed by a state certifies such animal to be unfit for purchase due to illness or the presence of symptoms of a contagious or infectious disease, or if, within one hundred eighty calendar days following such sale or receipt, whichever occurred last, a licensed veterinarian certifies such animal to be unfit for purchase due to a congenital malformation which adversely affects the health of the animal, the pet dealer shall afford the consumer the right to choose one of the following options:

(a) The right to return the animal and receive a refund of the purchase price including sales tax and reasonable veterinary costs directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section;

(b) The right to return the animal and to receive an exchange animal of the consumer's choice of equivalent value and reasonable veterinary costs directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section; or

(c) The right to retain the animal and to receive reimbursement from a pet dealer for veterinary services from a licensed veterinarian of the consumer's choosing, for the purpose of curing or attempting to cure the animal. The reasonable value of reimbursable services rendered to cure or attempting to cure the animal shall not exceed the purchase price of the animal. The value of such services is reasonable if comparable to the value of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian. Such reimbursement shall not include the costs of initial veterinary examination fees and diagnostic fees not directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section.

The commissioner by regulations shall prescribe a form for, and the content of, the certification that an animal is unfit for purchase, which shall be provided by an examining veterinarian to a consumer upon the examination of an animal which is subject to the provisions of this section. Such form shall include, but not be limited to, information which identifies the type of animal, the owner, the date and diagnosis of the animal, the treatment recommended if any, and an estimate or the actual cost of such treatment. Such form shall also include the notice prescribed in section seven hundred fifty-four of this article.

The commissioner by regulations shall prescribe information which shall be provided in writing by the pet dealer to the consumer upon the sale of the animal. Such information shall include, but not be limited to, a description, including breed of the animal, the date of purchase, the name, address and telephone number of the consumer, and the amount of the purchase. The pet dealer shall certify such information by signing the document in which it is contained.

2. The refund and/or reimbursement required by subdivision one of this section shall be made by the pet dealer not later than ten business days following receipt of a signed veterinary certification as herein required. Such certification shall be presented to the pet dealer not later than three business days following receipt thereof by the consumer.

2-a. Every pet dealer who sells an animal required to be vaccinated against rabies, pursuant to section twenty-one hundred forty-one of the public health law, to a consumer shall provide the consumer at point of sale with a written notice, provided by the department of health, summarizing rabies immunization requirements.

3. A veterinary finding of intestinal parasites shall not be grounds for declaring the animal unfit for sale unless the animal is clinically ill due to such condition. An animal may not be found unfit for sale on account of an injury sustained or illness contracted subsequent to the consumer taking possession thereof.

4. In the event that a pet dealer wishes to contest a demand for refund, exchange or reimbursement made by a consumer pursuant to this section, such dealer shall have the right to require the consumer to produce the animal for examination by a licensed veterinarian designated by such dealer. Upon such examination, if the consumer and the dealer are unable to reach an agreement which constitutes one of the options set forth in subdivision one of this section within ten business days following receipt of the animal for such examination, the consumer may initiate an action in a court of competent jurisdiction to recover or obtain such refund, exchange and/or reimbursement.

5. Nothing in this section shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

Credits

(Formerly § 742, added L.1988, c. 431, § 1, eff. Jan. 1, 1989. Renumbered § 753 and amended L.1993, c. 68, §§ 1, 2. Amended L.2002, c. 180, § 2, eff. Nov. 20, 2002; L.2013, c. 251, § 2, eff. Jan. 27, 2014.)

 

§ 753-a. Veterinarian examination

1. Within five business days of receipt, but prior to the sale of any dog, the pet dealer shall have a duly licensed veterinarian conduct an examination and tests appropriate to the breed and age to determine if the animal has any medical conditions apparent at the time of the examination that adversely affect the health of the animal. For animals eighteen months of age or older, such examination shall include a diagnosis of any congenital conditions that adversely affect the health of the animal. Any animal diagnosed with a contagious disease shall be treated and caged separately from healthy animals in accordance with section four hundred one of the agriculture and markets law.

2. All animals shall be vaccinated as required by state or local law. Veterinary care appropriate to the species shall be provided without undue delay when necessary. Each animal shall be observed each day by the pet dealer or by a person working under the pet dealer's supervision.

3. No pet dealer shall knowingly sell any animal that has a diagnosed congenital condition or contagious disease that adversely affects the health of the animal without first informing the consumer, in writing, of such condition.

Credits
(Added L.2000, c. 259, § 2, eff. Feb. 12, 2001. Amended L.2012, c. 110, § 5, eff. Nov. 15, 2012.)

 

 

§ 753-b. Information statement for purchaser

Every pet dealer shall deliver to the purchaser of an animal, at the time of sale, a written statement in a standardized form prescribed by the commissioner of agriculture and markets containing the following information:

1. For cats:

(a) [Eff. until Jan. 27, 2014. See, also, par. (a) below.] The breeder's name and address, if known, or, if not known, the source of the cat. If the person from whom the cat was obtained is a dealer licensed by the United States department of agriculture, the person's name, address, and federal identification number;

(a) [Eff. Jan. 27, 2014. See, also, par. (a) above.] The breeder's and, if applicable, broker's name and address, if known, or, if not known, the source of the cat. If the person from whom the cat was obtained is a dealer licensed by the United States department of agriculture, the person's name, address, and federal identification number;

(b) The date of the cat's birth, unless unknown because of the source of the cat, the date the pet dealer received the cat, and the location where the cat was received;

(c) A record of immunizations and worming treatments administered, if any, to the cat as of the time of sale while the cat was in the possession of the pet dealer, including the dates of administration and the type of vaccines or worming treatments administered;

(d) A record of any known disease, sickness, or congenital condition that adversely affects the health of the cat at the time of sale;

(e) A record of any veterinary treatment or medication received by the cat while in the possession of the pet dealer and either of the following:

(i) A statement, signed by the pet dealer at the time of sale, indicating all of the following: (1) The cat has no known disease or illness; (2) The cat has no known congenital or hereditary condition that adversely affects the health of the cat at the time of sale; or

(ii) [Eff. until Jan. 27, 2014. See, also, subpar. (ii) below.] A record of any known congenital or hereditary condition, disease, or illness that adversely affects the health of the cat at the time of sale, along with a statement signed by a licensed veterinarian that authorizes the sale of the cat, recommends necessary treatment, if any, and verifies that the condition, disease or illness does not require hospitalization or nonelective surgical procedures, and is not likely to require hospitalization or nonelective surgical procedures in the future. A veterinarian statement is not required for intestinal or external parasites unless their presence makes the cat clinically ill or is likely to make the cat clinically ill. The statement shall be valid for fourteen business days following examination of the cat by the veterinarian.

(ii) [Eff. Jan. 27, 2014. See, also, subpar. (ii) above.] A record of any known congenital or hereditary condition, disease, or illness that adversely affects the health of the cat at the time of sale, along with a statement signed by a licensed veterinarian that authorizes the sale of the cat, recommends necessary treatment, if any, and verifies that the condition, disease or illness does not require hospitalization or non-elective surgical procedures, and is not likely to require hospitalization or non-elective surgical procedures in the future. A veterinarian statement is not required for intestinal or external parasites unless their presence makes the cat clinically ill or is likely to make the cat clinically ill. The statement shall be valid for fourteen business days following examination of the cat by the veterinarian.

2. For dogs:

(a) [Eff. until Jan. 27, 2014. See, also, par. (a) below.] The breeder's name and address, if known, or if not known, the source of the dog. If the person from whom the dog was obtained is a dealer licensed by the United States department of agriculture, the person's name, address, and federal identification number;

(a) [Eff. Jan. 27, 2014. See, also, par. (a) above.] The breeder's and, if applicable, broker's name and address, if known, or if not known, the source of the dog. If the person from whom the dog was obtained is a dealer licensed by the United States department of agriculture, the person's name, address, and federal identification number;

(b) [Eff. until Jan. 27, 2014. See, also, par. (b) below.] The date of the dog's birth and the date the pet dealer received the dog. If the dog is not advertised or sold as a purebred, registered or registrable, the date of birth may be approximated if not known by the seller;

(b) [Eff. Jan. 27, 2014. See, also, par. (b) above.] The date of the dog's birth and the date and location the pet dealer received the dog. If the dog is not advertised or sold as a purebred, registered or registrable, the date of birth may be approximated if not known by the seller;

(c) The breed, sex, color and identifying marks at the time of sale. If the dog is from a United States department of agriculture licensed source, the individual identifying tag, tattoo, or collar number for that animal. If the breed is unknown or mixed, the record shall so indicate. If the dog is being sold as being capable of registration, the names and registration numbers of the sire and dam, and the litter number, if known;

(d) A record of inoculations and worming treatments administered, if any, to the dog as of the time of sale while the dog was in the possession of the pet dealer, including dates of administration and the type of vaccines and/or worming treatments administered;

(e) A record of any veterinary treatment or medication received by the dog while in the possession of the pet dealer and either of the following:

(i) A statement, signed by the pet dealer at the time of sale, indicating all of the following: (1) The dog has no known disease or illness; (2) The dog has no known congenital or hereditary condition that adversely affects the health of the dog at the time of the sale; or

(ii) [Eff. until Jan. 27, 2014. See, also, subpar. (ii) below.] A record of any known congenital or hereditary condition, disease or illness that adversely affects the health of the dog at the time of sale, along with a statement signed by a licensed veterinarian that authorizes the sale of the dog, recommends necessary treatment, if any, and verifies that the condition, disease, or illness does not require hospitalization or nonelective surgical procedures, and is not likely to require hospitalization or nonelective surgical procedures in the future. A veterinarian statement is not required for intestinal or external parasites unless their presence makes the dog clinically ill or is likely to make the dog clinically ill. The statement shall be valid for fourteen business days following examination of the dog by the veterinarian.

(ii) [Eff. Jan. 27, 2014. See, also, subpar. (ii) above.] A record of any known congenital or hereditary condition, disease or illness that adversely affects the health of the dog at the time of sale, along with a statement signed by a licensed veterinarian that authorizes the sale of the dog, recommends necessary treatment, if any, and verifies that the condition, disease, or illness does not require hospitalization or non-elective surgical procedures, and is not likely to require hospitalization or non-elective surgical procedures in the future. A veterinarian statement is not required for intestinal or external parasites unless their presence makes the dog clinically ill or is likely to make the dog clinically ill. The statement shall be valid for fourteen business days following examination of the dog by the veterinarian.

(f) Notification that dogs residing in New York state must be licensed, and that a license may be obtained from the municipality in which the dog resides.

3. A disclosure made pursuant to subdivision one or two of this section shall be signed by both the pet dealer certifying the accuracy of the statement and the purchaser acknowledging receipt of the statement. At the time of sale, each pet dealer shall provide the purchaser with information on the value of spaying and neutering of dogs and cats.

4. Every pet dealer shall post conspicuously within close proximity to the cages of dogs and cats offered for sale, a notice containing the following language in one hundred-point type: “Information on the source of these dogs and cats and the veterinary treatments received by these dogs and cats is available for review by prospective purchasers.”

Credits

(Added L.2000, c. 259, § 2, eff. Feb. 12, 2001. Amended L.2008, c. 598, § 1, eff. January 23, 2009; L.2013, c. 251, § 3, eff. Jan. 27, 2014.)

 

§ 753-c. Animal pedigree registration

1. Representation regarding animal's pedigree registration. Any pet dealer who states, promises, or represents that an animal is registered or capable of registration with an animal pedigree registry organization shall provide the purchaser with the appropriate documents necessary for such registration within one hundred twenty days following sale of the animal. If the purchaser notifies the pet dealer in writing on or before such time that he or she has not received the appropriate registration documents, the pet dealer shall have, in addition to the one hundred twenty days, sixty more days in which to provide the appropriate documents.

2. If a pet dealer fails to provide documents as required under subdivision one of this section, the purchaser, upon written notice to the pet dealer, may keep the animal and receive a partial refund of seventy-five percent of the purchase price, in which event the pet dealer shall not be required to provide registration documents. Acceptance by the purchaser of appropriate registration documents, whether or not within the time periods set forth in subdivision one of this section, shall be deemed a waiver of the right to a partial refund pursuant to this subdivision.

3. Registration notice-disclosure statement.

(a) A pet dealer that sells animals registered or registrable with a pedigree registry shall post conspicuously within close proximity to those animals a notice that states: "Pedigree registration means that the particular registry maintains information on the parentage and identity of the animal".

(b) For every animal sold by a pet dealer that is sold with the representation that the animal is registered or registrable with an animal pedigree registry organization, the following fully completed disclosure shall be made by the pet dealer in writing on a sheet separate from any other statement in substantially the following form: "Disclosure of Animal pedigree registration: Description of animal: The animal you are purchasing is registered/registrable (circle one) with the (enter name of registry). Registration means that (enter name of registry) maintains information regarding the parentage and identity of this animal. Persons buying animals represented by a pet dealer as being registrable are entitled to the papers necessary to effect such registration within 120 days of purchase. Failure to provide such papers entitles the purchaser to remedies under law. However, if the purchaser notifies the pet dealer within the 120 day period that he or she has not received such papers, the pet dealer shall have an additional 60 days commencing at the end of the 120 day period in which to provide the documents. Acknowledged: Date: Purchaser's Signature."

(c) The disclosure shall be signed and dated by the purchaser of the animal, acknowledging receipt of a copy of the statement. The pet dealer shall retain a copy of the signed disclosure.

CREDIT(S)

(Added L.2000, c. 259, § 2, eff. Feb. 12, 2001.)

 

§ 753-d. Construction with other laws

Nothing in this article shall be construed to limit or restrict agents or officers of societies for the prevention of cruelty to animals or the police from enforcing articles twenty-six [FN1] and twenty-six-A [FN2] of the agriculture and markets law or any other law relating to the humane treatment of, or cruelty to, animals.

[FN1] Agriculture and Markets Law § 350 et seq.

[FN2] Agriculture and Markets Law § 400 et seq.

CREDIT(S)

(Added L.2000, c. 259, § 2, eff. Feb. 12, 2001.)

 

§ 753-e. Preemption of local laws

The provisions of this article shall apply to all municipalities, including cities with a population of one million or more, and shall supersede any local law, rule, regulation, or ordinance regulating or licensing pet dealers as defined in this article. Nothing in this section shall be construed to limit or restrict any municipality from enforcing any local law, rule, regulation or ordinance of general application to businesses governing public health, safety or the rights of consumers.

CREDIT(S)

(Added L.2000, c. 259, § 2, eff. Feb. 12, 2001.)

 

§ 754. Notice

Every pet dealer who sells an animal to a consumer shall post a notice clearly visible to the consumer and provide the consumer at the time of sale with a written notice, printed or typed, setting forth the rights provided under this article. Such notices shall be prescribed by the commissioner, but the written notice may be contained in a written contract, an animal history certificate or separate document, provided such notices are in ten-point boldface type. No pet dealer shall restrict or diminish by contract or otherwise, the rights provided under this article.

CREDIT(S)

(Formerly § 743, added L.1988, c. 431, § 1; renumbered and amended L.1993, c. 68, §§ 1, 3.)

 

§ 755. Penalties and enforcement

1. [Eff. until Jan. 27, 2014. See, also, subd. 1 below.] In addition to the other remedies provided, whenever there shall be a violation of this article, application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this article, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this article has occurred, the court may impose a civil penalty of not less than fifty dollars and not more than one thousand dollars. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.

1. [Eff. Jan. 27, 2014. See, also, subd. 1 above.] In addition to the other remedies provided, whenever there shall be a violation of this article, application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this article, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this article has occurred, the court may impose a civil penalty of not less than one hundred dollars and not more than one thousand dollars. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.

1-a. Any person who violates any provision of section seven hundred fifty-three-a, seven hundred fifty-three-b, or seven hundred fifty-three-c of this article may also be subject to denial, suspension, revocation of, or refusal to renew a pet dealer license, in accordance with the provisions of sections four hundred three and four hundred four of the agriculture and markets law.

2. The provisions of this article may be enforced concurrently by the director of a municipal consumer affairs office, or by the town attorney, or city corporation counsel, and all moneys collected thereunder shall be retained by such municipality or local government.

Credits

(Added L.1993, c. 68, § 4, eff. Nov. 1, 1993. Amended L.2000, c. 259, § 3, eff. Feb. 12, 2001; L.2013, c. 251, § 4, eff. Jan. 27, 2014.)

 

General Municipal Law.  Chapter 24 Of the Consolidated Laws.  Article 5. Powers, Limitations, and Liabilities

§ 88. Disposition of stray or unwanted dogs by municipality

1. A municipality may by local law or ordinance provide that stray or unwanted dogs be given to an agency which trains seeing eye dogs or to a police department which trains dogs as guards.

2. The agency or department may by written order requisition in lieu of destruction or intended destruction, unlicensed, unwanted or unclaimed dogs which may be seized and impounded pursuant to law.

3. Any animal so requisitioned shall be retained within the pound for at least five days in addition to the period within which it may be claimed by its owner, and if still unclaimed may then be given to such requisitioner.

4. Licensed dogs surrendered to the municipality or an animal shelter shall not be requisitioned without the written consent of the owner obtained at the time of the surrender.

CREDIT(S)

(Added L.1971, c. 261, § 1.)

 

General Municipal Law.  Chapter 24 Of the Consolidated Laws.  Article 10. Firemen and Policemen.

§ 209-cc. Notification of presence of wild animals and dangerous dogs

1. The knowledge of the presence of dangerous wild animals, and dangerous dogs, in the context of emergency services responses, is necessary to protect public safety and the safety of emergency services personnel.

2. As used in this section:

(a) the term “emergency services personnel” means fire, police, and ambulance personnel.

(b) the term “person” means any individual, partnership, corporation, association, or other entity.

(c) the term “wild animal” means any or all of the following orders and families:

(1) Nonhuman primates and prosimians;

(2) Felidae (with the exception of domesticated cats);

(3) Canidae (with the exception of domesticated dogs);

(4) Ursidae;

(5) All venomous snakes and all constrictors and python snakes that are ten feet or greater in length; and

(6) Crocodilia that are five feet or greater in length.

(d) the term “dangerous dog” means a dog found dangerous pursuant to the provisions of section one hundred twenty-three of the agriculture and markets law.

3. The state fire administrator, in consultation with the department of environmental conservation, shall develop and maintain a list of the common names of wild animals to be reported.

4. Except for pet dealers as defined in section seven hundred fifty-two-a of the general business law and zoological facilities and other exhibitors licensed pursuant to title 7 U.S.C. sections 2133 and 2134, and in the case of dangerous dogs except for licensed veterinarians in temporary possession of such dogs, every person owning, possessing, or harboring a wild animal or a dangerous dog within this state shall report the presence thereof to the clerk of the city, town, or village in which such wild animal or dangerous dog is owned, possessed, or harbored. Such report shall be filed annually on a date to be determined by the state fire administrator in the manner prescribed by the state fire administrator. A separate report shall be filed for each street address at which any such wild animal or dangerous dog may be found.

5. Such clerk shall forward a copy of such report to each state police troop, county sheriff, and municipal police agency having jurisdiction over the location of such wild animal or dangerous dog. A copy thereof shall also be forwarded to each fire department, fire corporation, or fire company serving such location and to each ambulance or emergency medical service department, ambulance corporation, or ambulance or emergency medical service company serving such location. In lieu of forwarding a copy of each report, the clerk may compile the contents of the several reports, and forward the compilation.

6. Any person who fails to report the presence of a wild animal or dangerous dog as required in this section shall be subject to a civil penalty of not more than two hundred fifty dollars for the first offense, and upon being found guilty of a second or subsequent offense, by a civil penalty of not less than two hundred fifty dollars or more than one thousand dollars. Except as otherwise provided by law, such a violation shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of a person found guilty thereof.

CREDIT(S)

(Added L.2002, c. 680, § 1, eff. April 19, 2003. Amended L.2004, c. 392, § 6, eff. Dec. 15, 2004; L.2005, c. 289, § 2, eff. Dec. 15, 2004; L.2005, c. 538, § 1, eff. Aug. 16, 2005; L.2010, c. 59, pt. T, § 25, eff. Jan. 1, 2011.)

 

Town Law.  Chapter 62 Of the Consolidated Laws.  Article 9. Ordinances and Licenses.

§ 130. Town ordinances (for dog related powers, See Sec. 9)

The town board after a public hearing may enact, amend and repeal ordinances, rules and regulations not inconsistent with law, for the following purposes in addition to such other purposes as may be contemplated by the provisions of this chapter or other laws. In order to accomplish the regulation and control of such purposes, the town board may include in any such ordinance, rule or regulation provision for the issuance and revocation of a permit or permits, for the appointment of any town officers or employees to enforce such ordinance, rule or regulation and/or the terms and conditions of any permit issued thereunder, and for the collection of any reasonable uniform fee in connection therewith. The town clerk shall give notice of such hearing by the publication of a notice in at least one newspaper circulating in the town, specifying the time when and the place where such hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least ten days prior to the day specified for such hearing.

***

9. Animals. Regulating the keeping of calves; regulating and prohibiting the keeping of swine and mink, restraining the running at large of horses, cattle, sheep, unmuzzled dogs, whether licensed or not, fowls and other animals and authorizing the impounding and sale of the same for the costs of keeping, proceedings and penalty, or the killing of unmuzzled dogs.

***

15. Promotion of public welfare. Promoting the health, safety, morals or general welfare of the community, including the protection and preservation of the property of the town and of its inhabitants, and of peace and good order, the benefit of trade and all other matter related thereto, insofar as the same shall not be inconsistent with existing law.

***

Whenever the constitutionality of any local law, ordinance, rule or regulation of a town is brought into issue upon a trial or hearing of any civil cause of action or proceeding in any court, and the town is not a party to such action or proceeding, notice shall be served upon the town in accordance with section one thousand twelve of the civil practice law and rules.

CREDIT(S)

((L.1932, c. 634. Amended L.1935, cc. 432, 464, 500, 881; L.1937, c. 495, § 7; L.1938, cc. 309, 402, 646; L.1939, c. 273, § 2; L.1939, c. 338, § 1; L.1939, c. 581, § 1; L.1940, c. 474; L.1941, c. 30, § 7; L.1941, c. 674, § 1; L.1942, c. 85, § 14; L.1942, c. 639, § 1; L.1943, cc. 388, 389, § 1; L.1944, c. 67; L.1944, c. 126, §§ 1 to 9; L.1944, c. 447, §§ 1, 2; L.1946, c. 12, §§ 1, 2; L.1946, c. 21; L.1946, c. 217, § 1; L.1947, cc. 361, 817; L.1948, c. 657; L.1949, c. 371; L.1950, c. 173; L.1950, c. 598; L.1952, cc. 256, 691; L.1953, cc. 120, 578, 579; L.1954, c. 265; L.1955, cc. 111, 396, 465; L.1956, c. 503, § 3; L.1956, c. 575; L.1957, cc. 135, 154, 726; L.1957, c. 925, § 1; L.1959, c. 98; L.1959, c. 832, § 1; L.1959, c. 875; L.1960, c. 796; L.1960, c. 874; L.1962, c. 510; L.1963, c. 230, § 4; L.1963, c. 231; L.1963, c. 551; L.1963, c. 980; L.1964, c. 619; L.1965, c. 551, §§ 1, 2; L.1966, c. 376; L.1966, c. 939, § 2; L.1967, c. 528; L.1968, c. 820; L.1969, c. 345; L.1969, cc. 420, 421; L.1970, c. 344; L.1970, c. 662; L.1970, c. 777, § 1; L.1971, c. 169; L.1971, c. 1074; L.1972, c. 180, §§ 1 to 3; L.1972, c. 821, § 1; L.1973, c. 262, § 1; L.1973, c. 272, § 1; L.1974, c. 292, § 1; L.1975, c. 160, § 1; L.1975, c. 282, § 1; L.1976, c. 316, § 1; L.1977, c. 395, § 1; L.1978, c. 731, § 2; L.1979, c. 159, § 1; L.1980, c. 520, § 1; L.1982, c. 355, § 1; L.1985, c. 171, § 1; L.1986, c. 194, § 3; L.1989, c. 508, § 1; L.1990, c. 456, § 1; L.1993, c. 605, §§ 3, 4; L.1994, c. 660, § 2; L.1995, c. 567, § 1; L.1995, c. 688, § 2; L.2000, c. 415, § 2, eff. Oct. 31, 2000; L.2001, c. 490, § 2, eff. Nov. 21, 2001; L.2003, c. 296, § 3, eff. Jan. 1, 2005; L.2010, c. 58, pt. A, § 83, eff. Dec. 1, 2010.)

[FN1] L.1977, c. 395, eff. July 6, 1977.

 

General Obligations Law.  Chapter 24-A Of the Consolidated Laws.  Article 11. Obligations to Make Compensation or Restitution.  Title 1. Compensation.

§ 11-107. Compensation for harm to a guide, hearing or service dog

In addition to any other right of action or recovery otherwise available under law, a disabled person whose guide, hearing or service dog is injured due to the negligence of the owner of another dog in handling that other dog may recover damages from the owner or custodian of the non-guide, hearing or service dog that causes injury to the guide, hearing or service dog. Such damages may include, but are not limited to veterinarian fees, the cost of retraining or replacing the guide, hearing or service dog, and lost wages or damages due to loss of mobility incurred while retraining or replacement is taking place.

CREDIT(S)

(Added L.2000, c. 263, § 4, eff. Nov. 1, 2000.)

 

Lien Law.  Chapter 33 Of the Consolidated Laws.  Article 8. Other Liens on Personal Property.

§ 183. Lien of bailee of animals

Any veterinarian, duly licensed to practice under the laws of this state, who in connection with such practice renders professional services in the treatment of any dog, cat, or other domestic animal or boards any such animal on his premises, or a person keeping a livery stable, or boarding stable for animals, or pasturing or boarding one or more animals, or who in connection therewith keeps or stores any wagon, truck, cart, carriage, vehicle or harness, has a lien dependent upon the possession upon each dog, cat or other animal kept, pastured or boarded by him, and upon any wagon, truck, cart, carriage, vehicle or harness, of any kind or description, stored or kept provided an express or implied agreement is made with the owners thereof, whether such owner be a mortgagor remaining in possession or otherwise, for the sum due him for the professional service rendered, care, keeping, boarding or pasturing of the animal, or for the keeping or storing of any wagon, truck, cart, carriage, vehicle and harness, under the agreement, and may detain the dog, cat or other animal or wagon, truck, cart, carriage, vehicle and harness accordingly, until such sum is paid.

CREDIT(S)

(L.1909, c. 38; amended L.1942, c. 903.)

 

Public Health Law.  Chapter 45 Of the Consolidated Laws.  Article 13. Nuisances and Sanitation.  Title I. General Provisions; Control and Abatement.

§ 1310. Removal of canine wastes in cities with a population of four hundred thousand or more persons and in the cities of Yonkers and Albany

Notwithstanding any contrary provision of law, rule or regulation, in cities with a population of four hundred thousand or more persons and in the cities of Yonkers and Albany, it shall be the duty of each dog owner or person having possession, custody or control of a dog to remove any feces left by his or her dog on any sidewalk, gutter, street or other public area. Any violation of this section shall constitute a violation punishable by a fine or a civil penalty of not more than two hundred fifty dollars. For the purposes of enforcing the provisions of this section, appearance tickets may be issued by sanitation officers, dog enumerators, or wardens and by any persons authorized to issue tickets for parking violations. Notwithstanding any other provision of law to the contrary, in the city of New York, such appearance tickets may be returnable to the environmental control board which shall have the power to impose the civil penalties herein provided. The provisions of this section shall not apply to a guide dog, hearing dog or service dog accompanying any person with a disability, as defined in subdivision twenty-one of section two hundred ninety-two of the executive law.

CREDIT(S)

(Added L.1977, c. 464, § 1; amended L.1978, c. 249, § 1; L.1980, c. 599, § 1; L.1984, c. 328, § 1; L.1985, c. 198, § 1; L.1986, c. 404, § 12; L.2008, c. 153, § 1, eff. Oct. 5, 2008.)

 

Public Health Law.  Chapter 45 Of the Consolidated Laws.  Article 5. Laboratories.  Title I. General Provisions: State Laboratories; Approved Laboratories.

§ 505-a. Purchase of certain animals for scientific tests

It shall be unlawful for any laboratory or institution approved under this article, to purchase any dog or cat for experimental purposes unless the seller thereof shall provide proof of ownership of the animal of a sufficiency prescribed by the commissioner. Every such laboratory or institution shall keep a record of each such purchase with the name and address of the seller and a copy of the proof of ownership given at the time of the transaction.

CREDIT(S)

(Added L.1966, c. 240.)

 

 

Public Health Law.  Chapter 45 Of the Consolidated Laws.  Article 21. Control of Acute Communicable Diseases.  Title IV. Rabies.

§ 2140. Definitions

For the purpose of this title:

1. “Actively immunized” shall mean that the animal has been injected with a rabies vaccine suitable to the species and which meets the standards prescribed by the United States department of agriculture for interstate sale and which was administered according to the manufacturer's instructions under the direction of a duly licensed veterinarian not later than the expiration date on the package. Active immunization shall begin fourteen days following primary vaccination or immediately following a booster vaccination, and continue for the period stated in the manufacturer's instructions.

2. “County” shall mean a county of the state other than those in the city of New York.

3. “County health authority” shall mean the county health agency.

4. “Domestic livestock” includes cattle, goats, horses, donkeys, mules, sheep, and swine.

5. “Certificate of immunization” shall mean a signed statement issued by the veterinarian containing the following information: name and address of the owner, date or dates of vaccination, type of vaccine administered and duration of immunity, amount and manner of administration, name of manufacturer of the vaccine, and the lot number and expiration date of the vaccine. The certificate of immunization for domestic livestock may include multiple animals. The system of identification applicable to the livestock is to be used.

6. “Owner” shall mean any person keeping, harboring, or having charge or control of, or permitting any dog, cat or domesticated ferret to remain on or be lodged or fed within such person's house, yard, or premises. This term shall not apply to veterinarians or other facilities temporarily maintaining on their premises dogs, cats or domesticated ferrets owned by others for periods of no more than four months or to the owner or occupant of property inhabited by a feral animal.

7. “Confinement and observation” refers to the conditions under which apparently healthy dogs, cats, domesticated ferrets, and domestic livestock, which are not exhibiting symptoms of rabies, must be maintained to determine rabies status if such an animal has potentially exposed a person to rabies, and the owner wishes to avoid euthanizing and testing the animal. If the county health authority does not approve home confinement, the ten day confinement and observation period must take place, at owner's expense, at an appropriate facility such as an animal shelter, veterinarian's office, kennel or farm. The confinement must include (i) provisions to prevent escape of the animal during the confinement period and (ii) requirements that the owner notify the public health authority immediately if the animal becomes ill at anytime during confinement, and (iii) verification by the county health authority or their designee at the end of the ten day period that the animal is healthy. If a police work dog bites an individual in the course of such dog's official duty the police department may apply for a waiver from confinement from the local department of health. As part of such application for a waiver, the police department shall provide the local health department with records of such dog's past vaccination for rabies and proof that such dog's rabies vaccinations are up-to-date.

8. “Quarantine” refers to a six month period of restriction for animals which are not actively immunized against rabies and have been exposed to a potentially rabid animal, in accordance with applicable regulations of the department. The quarantine must include provisions to prevent escape of the animal during the quarantine period and to minimize contacts with humans and other animals, and these provisions must be verified by the county health authority during and at the end of the six month period.

9. “Local residence”, under the conditions hereinafter specified, shall mean any person who has his or her primary residence, secondary residence, vacation home or school within a county of the state of New York shall be deemed to have local residence in such county.

10. “Qualification on residence.” Local residence shall not include residence:

(a) as an inmate of any state or federal prison, or

(b) on a military reservation.

11. “Initial treatment after human exposure to rabies” shall mean administration of the first postexposure dose of rabies vaccine and, when necessary, administration of rabies immune globulin.

12. “Animal control officer” shall mean one or more persons designated by the county health authority as having responsibility for animal control issues in the county. This responsibility may be delegated to others such as cities and towns, law enforcement agencies, animal shelters, or private nuisance control officers.

13. “Feral animal” shall mean any cat, dog or ferret that is born in the wild and is not socialized, is the offspring of an owned or feral cat, dog or ferret and is not socialized, or is a formerly owned cat, dog or ferret that has been abandoned and is no longer socialized.

Credits

(Added L.2002, c. 180, § 1, eff. Nov. 20, 2002. Amended L.2011, c. 510, § 1, eff. Dec. 22, 2011; L.2013, c. 163, § 1, eff. July 24, 2013.)

 

§ 2141. Compulsory vaccination

1. Every dog, cat and domesticated ferret shall be actively immunized against rabies in accordance with regulations promulgated by the commissioner. Every dog, cat and domesticated ferret shall have all initial vaccinations administered no later than four months after birth. Every dog, cat and domesticated ferret shall have a second vaccination within one year of the first. Terms of subsequent vaccine administration and duration of immunity must be in compliance with USDA licenses of vaccines used. The veterinarian immunizing or supervising any person authorized by law to immunize such animal shall provide the owner with a certificate of immunization consistent with the requirements of section one hundred nine of the agriculture and markets law. The veterinarian immunizing or supervising any person authorized by law to immunize such animal shall provide any public health official with the certificate of immunization in any case involving a dog, cat or domesticated ferret which has been or may have been exposed to rabies or in any case of possible exposure of a person or another animal to rabies.

2. Subdivision one of this section shall not apply to any feral animal or any dog, cat or domesticated ferret:

(a) that is transported through the state and remains in the state fifteen days or fewer;

(b) confined to the premises of an incorporated society devoted to the care of lost, stray or homeless animals;

(c) for which vaccination against rabies would adversely affect the animal's health, as determined by a licensed veterinarian; or

(d) confined for the purposes of research to the premises of a college or other educational or research institution.

3.

(a) Every veterinarian providing treatment to a dog, cat or domesticated ferret shall verify, in accordance with standards established by the commissioner, if such animal is actively immunized against rabies or is exempt under subdivision two of this section. If active immunization or exemption cannot be verified, the veterinarian shall immunize the animal at the owner's request.

(b) If the animal is exempt from the provisions of subdivision one of this section, pursuant to paragraph (c) of subdivision two of this section, the veterinarian shall provide the owner of the dog, cat or domesticated ferret with a certified statement verifying that the animal is exempt from immunization because the immunization would adversely affect the health of the animal, and verifying the nature and duration of such exemption. The certified statement shall be in a form prescribed by the commissioner and shall be consistent with the requirements of section one hundred nine of the agriculture and markets law. Medical exemptions are to be renewed on an annual basis.

4. The owning of a dog, cat or domesticated ferret by any person in violation of subdivision one of this section shall constitute a violation, and shall be subject to a fine not to exceed two hundred dollars for each offense.

CREDIT(S)

(Added L.2002, c. 180, § 1, eff. Nov. 20, 2002.)

 

§ 2142. Rabies; emergency provisions

Whenever the commissioner confirms an outbreak of the disease rabies in terrestrial animals in any county or the vicinity thereof, the commissioner shall declare a rabies alert for that area and so certify to the county or local health authorities or any local health district contained therein. It shall be the duty of the health officials to immediately and annually thereafter publish a notice of the existence of the disease, together with a summary of the provisions of this title, in a newspaper generally circulated within the county or local health district, or to post notices in several conspicuous places, or both. Such certification shall remain in force until such time as the commissioner confirms that the outbreak is over.

CREDIT(S)

(Added L.2002, c. 180, § 1, eff. Nov. 20, 2002.)

 

§ 2143. Rabies; seizure and disposal; reports

Whenever the commissioner certifies a county to have a rabies alert pursuant to section twenty-one hundred forty-two of this title, any duly appointed dog control officer, animal control officer, peace officer, police officer, or health officer for that area may seize and confine any dog, cat or domesticated ferret found at large and may destroy a dog, cat or domesticated ferret found at large that is exhibiting symptoms of rabies and cannot be seized without placing any person at serious risk of physical injury. Any duly appointed person who seizes, confines, or destroys a dog, cat or domesticated ferret pursuant to this section shall immediately report in writing the facts relating thereto to the county or local health authority.

CREDIT(S)

(Added L.2002, c. 180, § 1, eff. Nov. 20, 2002.)

 

§ 2144. Rabies; county responsibility

Each county health authority is required to develop a rabies control protocol that identifies and coordinates all activities within the county to accomplish a comprehensive rabies response. The county health authority shall have responsibility for the implementation of the protocol, including the coordination of the response to rabies issues by other local agencies. This protocol must be approved by the department and revised and updated as directed by the department.

CREDIT(S)

(Added L.2002, c. 180, § 1, eff. Nov. 20, 2002.)

 

§ 2145. Rabies; services and expenses of suppression

1. The county health authority is responsible for the services and expenses necessary for the suppression of human rabies. Suppression of human rabies shall include, but not be limited to:

(a) availability at all times for prompt investigation of reports of possible exposures to rabies of people, pets, or domestic livestock occurring within the county, and to render authorization for human postexposure treatment,

(b) making arrangements for appropriate disposition of the animals involved, including confinement and observation, quarantines, vaccination boosters, or euthanasia and testing,

(c) collection, preparation and submission of animal specimens to a laboratory approved by the commissioner for rabies diagnosis,

(d) verifying terms of confinement, observation and quarantines,

(e) authorized human postexposure treatment under the conditions hereinafter specified, except that third party coverage or indemnification shall first be applied against the cost of treatment, and

(f) operation of rabies vaccination clinics free of charge for dogs, cats and domesticated ferrets owned by persons with local residence.

2. Under the conditions specified below, the county health authority is responsible for authorized human postexposure treatment for all persons exposed within the county, regardless of the location of the person's residence; except in any case where the person's county of residence has agreed to be responsible for such treatment in accordance with the provisions of this title. In addition, for persons with local residence who are exposed to rabies in New York city or out of state, the county health authority is responsible for that portion of treatment that occurs after such persons return to their local residences.

3. Human postexposure treatment specifically authorized by the county health authority shall be rendered by the provider or providers selected by the county health authority, located within the county or the vicinity thereof, and approved by the person's health insurance carrier or managed care plan if pre-approval is required by the health insurance carrier or managed care plan, provided that:

(a) any person may, at his or her option, be treated at his or her own expense by the health care provider of his or her choice,

(b) the county health authority may, at its option, assume financial responsibility for necessary treatment rendered by other providers,

(c) the county shall authorize initial treatment from a provider or providers geographically accessible to the location of the exposed person at the time that treatment is determined to be necessary, and

(d) the county shall authorize post-initial treatment from a provider or providers geographically accessible to the exposed person's residence if the person returns to his or her residence during the course of treatment.

4. Consent by any person to human postexposure treatment authorized by the county health authority shall constitute assignment of any third party health benefits to the county health authority and permission for the person's health care and insurance providers to release medical and financial information regarding the treatment to the county health authority.

5. Health care and insurance providers shall comply with any requests by the

county health authority for information regarding human postexposure treatment rendered to an enrollee whose treatment was authorized by the county health authority.

6. Under the terms of this title, the county health authority is not responsible for:

(a) services and expenses of human postexposure treatment that were not specifically authorized by the county health authority, except for completion of treatment for their residents exposed and started on rabies treatment in New York city or elsewhere outside of New York state,

(b) services and expenses of medical treatment unrelated to the prevention of rabies infection such as wound suturing and measures to control bacterial infection of bite wounds, and

(c) expenses of preexposure rabies vaccination.

7. A clinic for rabies vaccination for dogs, cats and domesticated ferrets of persons with local residence shall be conducted at least every four months within the county under the direction of the county government, by the health officials of the county and the several local health districts within a county. Donations may be requested but not required at the clinics. Any listing of costs in clinic announcements or advertisements must indicate that vaccinations are available free of charge, and that donations are optional. Counties may at their option provide vaccination clinic services to persons without county residence, and may require a fee based on cost from these persons.

8. Claims for services and expenses, approved by the county shall be paid by the fiscal officer of the county from funds in his or her custody upon presentation of such claim, without further or other audit or may be paid pursuant to the local finance law.

CREDIT(S)

(Added L.2002, c. 180, § 1, eff. Nov. 20, 2002.)

 

§ 2146. City of New York; exceptions

The provisions of sections two thousand one hundred forty through two thousand one hundred forty-five of this title, inclusive, shall not apply to the city of New York.

CREDIT(S)

(Added L.2002, c. 180, § 1, eff. Nov. 20, 2002.)

 

Vehicle and Traffic Law. Chapter Seventy-one Of the Consolidated Laws.  Title VI. Accidents and Accident Reports.  Article 22. Accidents and Accident Reports.

§ 601. Leaving scene of injury to certain animals without reporting

Any person operating a motor vehicle which shall strike and injure any horse, dog, cat or animal classified as cattle shall stop and endeavor to locate the owner or custodian of such animal or a police, peace or judicial officer of the vicinity, and take any other reasonable and appropriate action so that the animal may have necessary attention, and shall also promptly report the matter to such owner, custodian or officer (or if no one of such has been located, then to a police officer of some other nearby community), exhibiting his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, giving his or her name and residence, including street and street number, insurance carrier and insurance identification information and license number. Violation of this section shall be punishable by a fine of not more than one hundred dollars for a first offense and by a fine of not less than fifty nor more than one hundred fifty dollars for a second offense and each subsequent offense; provided, however where the animal that has been struck and injured is a guide dog, hearing dog or service dog, as such terms are defined in section forty-seven-b of the civil rights law which is actually engaged in aiding or guiding a person with a disability, a violation of this section shall be publishable [FN1] by a fine of not less than fifty nor more than one hundred fifty dollars for a first offense and by a fine of not less than one hundred fifty dollars nor more than three hundred dollars for a second offense and each subsequent offense.

CREDIT(S)

(L.1959, c. 775; amended L.1960, c. 300, § 46; L.1971, c. 1025, § 7; L.1973, c. 18, § 3; L.1976, c. 405, § 2; L.1989, c. 61, § 46; L.1997, c. 508, § 1, eff. Jan. 1, 1998; L.2004, c. 672, § 1, eff. Nov. 1, 2005.)

[FN1] So in original ("publishable" should be "punishable").

 

Environmental Conservation Law.  Chapter 43-B Of the Consolidated Laws.  Article 11. Fish and Wildlife.  Title 5. Fish and Wildlife Management Practices Cooperative Program; Prohibitions; Taking of Fish, Wildlife, Shellfish and Crustacea for Scientific or Propagation Purposes; Destructive Wildlife; Rabies Control; Guides; Endangered Species.

§ 11-0529. Cats hunting birds; dogs pursuing deer or killing other wildlife in certain areas

1. Any person over the age of twenty-one years possessing a hunting license may, and environmental conservation officers and peace officers, acting pursuant to their special duties, or police officers shall humanely destroy cats at large found hunting or killing any protected wild bird or with a dead bird of any protected species in its possession.

2. Every environmental conservation officer, forest ranger and member of the state police may kill any dog (a) pursuing or killing deer within the Adirondack or Catskill parks, at any time; (b) pursuing or killing any game or wildlife on a state-owned game farm or wildlife refuge; or (c) pursuing or killing any game or wildlife on a state-owned or leased wildlife management area, except a dog being legally used for hunting small game or for dog training.

3. Every park patrolman, park ranger and member of the state police, county police and town police may kill any dog pursuing or killing deer within any state park or state park reservation at any time.

4. At any time (a) any environmental conservation officer, dog warden, forest ranger or member of the state police, anywhere in the state, (b) any member of any town police within the limits of the town of which such member is an officer, (c) any member of the Westchester County Parkway police on any park, parkway or reservation owned or controlled by the county of Westchester or (d) any member of a police force or department of any county, city, town or village in which such member has jurisdiction and is regularly employed may kill any dog pursuing or killing deer and any coyote killing a domestic animal.

5. No action for damages shall lie against any authorized person for the killing of a cat, dog or coyote as provided in this section.

Credits

(L.1972, c. 664, § 2. Amended L.1979, c. 160, § 2; L.1980, c. 843, § 123; L.1983, c. 109, § 1; L.1986, c. 533, § 1; L.1990, c. 911, §§ 27, 28; L.2006, c. 610, § 1, eff. Aug. 16, 2006.)  

 

Environmental Conservation Law.  Chapter 43-B Of the Consolidated Laws.  Article 11. Fish and Wildlife.  Title 9. Hunting.

§ 11-0901. Prohibitions

1. No person while in or on a motor vehicle, as defined in section 11-0931 of this chapter, shall take wildlife other than migratory game birds, or use any lights on any such vehicle for such purpose.

2. Wildlife shall not be taken on or from any public highway, except that in the forest preserve counties it may be taken from highways other than state, county or town highways.

 3. a. Migratory game birds shall be taken only as permitted by regulations of the department adopted pursuant to section 11-0307.

b. Wild deer and bear shall not be taken except by gun or by long bow. Where an open season, set forth in the table of open seasons in section 11-0907 or otherwise established by law or fixed by regulation, is specified as an open season for taking such game by shotgun or long bow only, or is specified as an open season for taking such game by long bow only, they shall not be taken except as so specified.

c. Wild small game and wild upland game birds shall be taken only by longbow or gun, or by the use of raptors as provided in title 10 of this article, except that:

(1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken in any manner not prohibited in this section or in title 11 of the Fish and Wildlife Law, and

(2) frogs may also be taken by spearing, catching with the hands, or by the use of a club or hook.

d. Muskrat shall not be taken by the use of a spear and shall not be taken by shooting except that until the state of Vermont shall prohibit taking of muskrats on Lake Champlain by shooting, muskrats may be taken, by shooting with a firearm not larger than twenty-two caliber, on Lake Champlain, exclusive of the tributary streams flowing into such lake. Possession of pierced or stabbed muskrats shall be presumptive evidence that they were unlawfully taken. Wild mink shall not be taken by the use of firearms in the Northern Zone nor elsewhere within the state with a firearm larger than twenty-two caliber. Skunk, raccoon, bobcat, mink and muskrat shall not be taken by the use of smoke, chemicals, gas or poison. Beaver, fisher and otter shall not be hunted.

e. Wild pheasant shall be taken only by shotgun or long bow, or by the use of raptors as provided in title 10 of this article. Except as specifically authorized by regulation of the department adopted pursuant to section 11-1007 or whenever the department determines that the taking of hen pheasants will result in better pheasant management and not be detrimental to the natural propagation of such pheasants, only male wild pheasants shall be taken.

f. No wildlife shall be taken with an arrow with an explosive head or shaft, or with an arrow, dart or any device, propelled by any means, that is used for the purpose of injecting or delivering any type of drug into the blood system of such wildlife. Nothing in this paragraph shall be construed as prohibiting a wildlife biologist or employee of the department or anyone acting under a license from the department from using any method to take wildlife if he is doing so within the scope of his employment for the department, or pursuant to the license issued by the department.

g. Wildlife shall not be taken by the use of a cross-bow, by a long bow drawn, pulled, released, or held in a drawn position by any mechanical device attached to a portion of the bow other than the bowstring, or by the use of a device commonly called a spear gun.

4. a. Wild deer and bear shall not be taken in water.

b. No person shall hunt deer:

(1) with the aid of a dog, or aircraft of any kind; or

(2) with the aid of a jacklight, spotlight, headlight or other type of artificial light; or

(3) with a pistol, revolver or rifle using rim-fire ammunition; or

(4) with a shotgun of less than twenty gauge or loaded with shells other than shells each carrying a single round ball or a single slug, provided however, the use of a shotgun of twenty gauge or larger having a rifled barrel or a smooth bore barrel fitted with a rifled choke, loaded with shells each carrying a single round ball or a single slug, shall not be prohibited so long as only shells having a non-metallic case, except for the base, are used; or

(5) with a bow other than a long bow with a draw weight in excess of thirty-five pounds; or

(6) with an arrow with an arrowhead that measures less than seven-eighths of an inch at its widest point or that has fewer than two sharp cutting edges; or

(7) with the aid of a pre-established bait pile other than those areas established by standard agricultural production practices; or

(8) with an arrow with a barbed broadhead arrowhead.

c. No person shall hunt bear:

(1) with the aid of a dog, or aircraft of any kind; or

(2) with the aid of a jacklight, spotlight, headlight or other type of artificial light; or

(3) with a pistol, revolver or rifle using rim-fire ammunition; or

(4) with a shotgun of less than twenty gauge or loaded with shells other than shells each carrying a single round ball or a single slug, provided however, the use of a shotgun of twenty gauge or larger having a rifled barrel or a smooth bore barrel fitted with a rifled choke, loaded with shells each carrying a single round ball or a single slug, shall not be prohibited so long as only shells having a non-metallic case, except for the base, are used; or

(5) with a bow other than a long bow with a draw weight in excess of thirty-five pounds; or

(6) with an arrow with an arrowhead that measures less than seven-eighths of an inch at its widest point or that has fewer than two sharp cutting edges; or

(7) with the aid of a pre-established bait pile other than those areas established by standard agricultural production practices; or

(8) with an arrow with a barbed broadhead arrowhead.

d. The use upon land inhabited by deer or bear of a jacklight, spotlight or other type of artificial light by any person who is or is accompanied by a person who is in possession, at the time of such use, of a long bow, a crossbow or firearm of any kind, shall be presumptive evidence that such person is hunting deer or bear with the aid of such light, in violation of this subdivision, unless:

(1) such long bow is unstrung, or such a firearm is taken down, or securely fastened in a case, or locked in the trunk of a vehicle, or

(2) the firearm is a pistol or revolver, or

(3) the firearm is not in or on a motor vehicle and is a rifle designed or adapted for use of rim-fire ammunition and neither the person in possession of the gun, nor any member of his party, has in his possession any twenty-two caliber ammunition other than twenty-two caliber rim-fire ammunition, or

(4) the firearm is not in or on a motor vehicle and is a shotgun and neither the person in possession of the gun, nor any member of his party, has in his possession ammunition other than shells loaded with scatter shot of size number four or smaller.

e. (1) No person shall use a jacklight, spotlight or other type of artificial light upon lands inhabited by deer or bear within five hundred feet from a dwelling house, farm building or farm structure actually occupied or used, for the purpose of locating, spotting, harrying, worrying or otherwise disturbing deer or bear.

(2) The prohibition contained in subparagraph one of this paragraph shall not apply to (i) the owner or lessee of the dwelling house, or members of his immediate family residing therein, or a person in his employ, or the guest of the owner or lessee of the dwelling house acting with the consent of said owner or lessee; provided however, that nothing herein shall be deemed to authorize such persons to use a jacklight, spotlight or other type of artificial light within five hundred feet from any other dwelling house, farm building or farm structure actually occupied or used, for the purpose of locating, spotting, harrying, worrying or otherwise disturbing deer or bear or (ii) the authorized use of a spotlight or other artificial light regularly operated and maintained by a police department or other law enforcement agency or by any local or state department or agency duly authorized to render services for the protection of life and property.

5. a. Varying hares shall not be taken by the use of ferrets, fitch-ferrets or fitch.

b. Cottontail rabbits shall not be taken by the use of ferrets, fitch-ferrets or fitch unless permitted by regulation of the department or unless a permit for such taking has first been obtained from the department.

c. The possession afield of ferrets, fitch-ferrets or fitch shall be presumptive evidence of their illegal use.

d. The department may adopt regulations specifying towns or counties in which ferrets, fitch-ferrets or fitch may be used to take cottontail rabbits. Whenever cottontail rabbits are injuring property on occupied lands, the department, on request of the owner or occupant of such lands, may issue a permit to use ferrets, fitch-ferrets or fitch to take them if it is satisfied there exists sufficient damage to warrant its issuance.

6. Skunks shall not be taken from holes or dens by digging or by the aid of dogs.

7 . Raccoons shall not be taken from dens or houses or by cutting den trees.

8. Traps shall not be used except as permitted in title 5 or title 11 of the Fish and Wildlife Law.

9. No protected wild bird for which no open season is established by law or fixed by regulation shall be taken.

10. No wild game shall be taken except in an open season established by law as provided in section 11-0905, 11-0907 or 11-1103 or fixed by regulation as provided in section 11-0903, or in section 11-0307 in the case of migratory game birds, or in section 11-1103, in the areas for which such open seasons are established or fixed, and during the hours permitted for such taking; nor shall any wild game be taken in excess of bag limits specified in section 11-0905 or section 11-0907, or fixed by regulation as provided in section 11-0903 or section 11-0307.

11. No long bow equipped with a mechanical device which is used to draw, hold or release the bow string or arrow and which is attached to a portion of the bow other than the bow string may be used or carried afield. The shooting of a long bow shall only be accomplished by holding the bow at arm's length, with arrow on the string, and may only be drawn, pulled or released by hand.

12. Upland game birds shall not be taken with the aid of baiting or on or over any baited area.

13. [Eff. until Feb. 1, 2014. See, also, subd. 13 below.] Persons engaged in hunting deer and/or bear with a longbow must possess a current bowhunting stamp or a valid certificate of qualification in responsible bowhunting practices issued or honored by the department.

13. [Eff.Feb. 1, 2014. See, also, subd. 13 above.] Persons engaged in hunting deer and/or bear with a longbow must possess a current bowhunting privilege or a valid certificate of qualification in responsible bowhunting practices issued or honored by the department.

14. This section does not:

a. restrict the authority of any special permit or license issued by the department;

b. limit title 11 or provisions of title 3, title 5, or title 19 authorizing taking of wildlife;

c. limit prohibitions set forth in any other section of the Fish and Wildlife Law.

15. Notwithstanding any inconsistent provision of this section, the department may issue a permit to take big game or small game by the use of a bow equipped with a mechanical device for holding and releasing the bowstring, attached to the handle section of an otherwise legal bow, to any person who is permanently physically incapable of drawing and holding a bow because of a physical handicap or disability, subject to such restrictions as the department may deem necessary in the interest of public safety.

16. Notwithstanding any inconsistent provision of this section, the department may issue to a physically disabled person a permit to take big game or small game by the use of a cross-bow equipped with an apparatus permitting release of the bowstring by means of such person's discharge of breath. For the purposes of this subdivision, “physically disabled person” shall mean any person who submits to the department a statement of a physician duly licensed to practice medicine in this state that such person is permanently physically incapable of arm movement sufficient to release a pre-drawn bow authorized under subdivision fifteen of this section.

17. Expired and deemed repealed Dec. 31, 2012, pursuant to L.2010, c. 483, § 17.

Credits

(L.1972, c. 664, § 2. Amended L.1973, c. 400, §§ 23, 24; L.1973, c. 533, § 1; L.1973, c. 825, § 1; L.1976, c. 15, §§ 3, 4; L.1976, c. 407, § 4; L.1978, c. 174, § 1; L.1979, c. 34, § 1; L.1980, c. 387, § 1; L.1982, c. 135, § 8; L.1984, c. 595, § 4; L.1985, c. 486, § 1; L.1986, c. 29, § 1; L.1986, c. 186, § 1; L.1988, c. 11, § 1; L.1988, c. 81, § 1; L.1988, c. 422, § 1; L.1990, c. 911, §§ 40 to 43; L.1992, c. 424, § 1; L.1993, c. 600, § 3; 1996, c. 418, § 1; L.2000, c. 430, §§ 1, 2, eff. Jan. 1, 2001; L.2010, c. 483, §§ 1, 2, eff. Oct. 1, 2010; L.2010, c. 483, §§ 4, 5, eff. Feb. 1, 2011; L.2013, c. 58, pt. R, § 23, eff. Feb. 1, 2014.) 

 

§ 11-0923. Dogs

1. No owner or trainer of a dog shall:

a. allow it to hunt deer, or to run at large on enclosed lands on which wildlife or domestic game is possessed under license issued pursuant to the Fish and Wildlife Law or in any state park, state park reservation, state-owned game farm or wildlife refuge or state-owned or leased wildlife management area;

b. allow it to run at large in fields or woods inhabited by deer outside the limits of any city or village, except on lands actually farmed or cultivated by the owner or trainer of the dog or a tenant of such owner or trainer.

2. No owner or trainer of a dog shall take it afield for training on wild game except from August 16 to April 15 or as otherwise permitted by department order.

3. Dogs may be trained on artificially propagated game which is shackled, or led or confined game, legally possessed, or on training dummies or other artificial devices at any time on lands owned or leased by the owner or trainer of the dog or on lands for which he has written permission of the owner or lessee, provided such training is done in a manner to preclude any disturbances injurious to wildlife.

4. During the training of a dog, the trainer and any person in his company shall not possess afield a firearm loaded with ammunition other than blank shells or blank cartridges, or inflict any injury to animals or game birds contrary to law.

5. Dogs hunting deer, or hunting any wildlife or domestic game on enclosed lands described in paragraph a of subdivision 1 or on a state game farm or wildlife refuge or wildlife management area, may be killed as provided in section 11-0529.

6. Wildlife, except skunk, deer and bear, may be taken with the aid of a dog, provided, however, that the department is authorized to establish a training season during which only persons licensed by the department pursuant to section 11-0928 of this article may train tracking dogs on bear. Such season shall not begin before July first and shall end at least eight days in advance of any open hunting season for bear and no person participating in such training shall possess a firearm of any kind or a longbow. Nothing in this subdivision shall be construed to invalidate or otherwise affect a permit to track or take bear issued pursuant to subdivision one of section 11-0521 of this article.

CREDIT(S)

(L.1972, c. 664, § 2; amended L.1975, c. 288, § 7; L.1979, c. 160, § 10; L.1980, c. 312, § 1; L.1993, c. 600, § 11.)

 

 

§ 11-0925. Special dog training areas

1.

a. A dog owner or trainer may establish and maintain a special dog training area on land which the owner or trainer owns or has legal control.

b. The operator of a special dog training area may at any time during the year train the operator's own dogs or the dogs of other persons on such area, and permit others to train dogs. The operator may hold field trials on wild game, or on liberated game, or on liberated artificially propagated game, or on led or confined game, or may in writing permit others to hold such trials, under such conditions as shall be agreed upon by the operator and such other person; but no game shall be taken by shooting at such field trial. No persons shall, on a special dog training area, train a dog, hold a field trial, enter accompanied by a dog, or permit a dog of which he is the owner or trainer to enter, except as provided in this section or in rules adopted pursuant hereto. A permit from the department must be obtained before liberation of any wildlife, and such a permit may be withheld if, in the opinion of the department, granting it would endanger the health of native wildlife species.

2. The department may adopt rules regulating the use of special dog training areas.

3. No person shall hunt on a special dog training area except as provided in this section or rules adopted pursuant thereto. The owner of the lands may hunt unprotected wildlife thereon at any time, and the owner of the land and others authorized by such owner may hunt deer thereon during the open season but at no other time.

CREDIT(S)

(Added L.1997, c. 432, § 40, eff. Aug. 20, 1997, deemed eff. April 1, 1997.)

 

 

§ 11-0927. Field trials

1. No person shall hold a field trial except as provided in this section or take part in a field trial not conducted in accordance with the provisions of this section.

2. a. A field trial may be held on liberated game, liberated artificially propagated game, led or confined game legally possessed, or on wild game on a licensed dog training area at any time without license, provided such game is not taken by shooting or otherwise killed; and, on areas other than a licensed dog training area, such field trials may be held on wild game from August 16 to April 15 without license, or at such other times when licensed by the department from April 16 to August 15.

b. A permit from the department is required for liberation of any wildlife.

3. Wild game shall not be taken by shooting or otherwise killed in the course of a field trial. Other game on which a field trial may be held as provided in this section may be taken by shooting in the course of a field trial, except a field trial held on a licensed dog training area, provided a license for such shooting has been procured from the department. Game so taken shall be immediately identified on forms provided by the department until the game is finally prepared for consumption.

4. Game so identified may be possessed, transported, bought and sold at any time, without limitation by section 11-0917 of this article.

Credits
(L.1972, c. 664, § 2. Amended L.1975, c. 288, § 8; L.2012, c. 58, pt. H, § 5, eff. March 30, 2012.)

 

 

§ 11-0928. Tracking dogs

Notwithstanding any other provision of this chapter, the department may by regulation provide for the certification of leashed tracking dogs and may authorize the use of such dogs by persons licensed by the department to track and find dead, wounded or injured big game, and for the certification of trained tracking dogs and may authorize the use of such dogs by persons licensed by the department to track bear pursuant to subdivision one of section 11-0521 of this article.

CREDIT(S)

(Added L.1986, c. 233, § 2; amended L.1993, c. 600, § 12.) 

 

§ 11-2117. Damage to property, livestock or domestic fowl by hunters and fishermen

No person, for the purpose of or while hunting, trapping or fishing, shall without the permission of the owner, lessee or lawful occupant enter upon the land of another and while thereon kill or injure any dog, livestock or domestic fowl, or cut, destroy or damage any bars, gates or fence or any part thereof, or deface or damage any vehicle, farm equipment, buildings or appurtenances to the land, resulting in damage to the owner or occupant of the land or of the dog, livestock, domestic fowl, bars, gates, fences, vehicles, equipment, buildings or appurtenances to the land.

CREDIT(S)

(L.1972, c. 664, § 2.)

 

 



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