S. 5369 2
431. REDEMPTION OF DOGS AND CATS.
432. POWER TO ISSUE LICENSES AND ENFORCE ARTICLE.
433. DOG ENUMERATION AND WAIVER OF FINES.
434. ENFORCEMENT AND PENALTIES.
435. POUND SEIZURE PROHIBITED.
436. STANDARDS FOR HUMANE TREATMENT.
437. COMPANION ANIMALS.
438. USE OF DOG RUNS.
S 420. APPLICATION. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ANY
CITY WITH A POPULATION OVER TWO MILLION.
S 421. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "DEPARTMENT OF HEALTH" SHALL MEAN THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE OF A CITY TO WHICH THIS ARTICLE APPLIES.
2. "ANIMAL SHELTER" OR "SHELTER FOR HOMELESS ANIMALS" SHALL MEAN A
FACILITY LICENSED OR PERMITTED TO OPERATE IN A CITY WHERE HOMELESS,
STRAYED, ABANDONED OR UNWANTED ANIMALS ARE RECEIVED, HARBORED, MAIN-
TAINED OR MADE AVAILABLE FOR ADOPTION TO THE GENERAL PUBLIC AND WHICH IS
OWNED, OPERATED OR MAINTAINED BY A DULY INCORPORATED HUMANE SOCIETY,
ANIMAL WELFARE SOCIETY, SOCIETY FOR THE PREVENTION OF CRUELTY TO
ANIMALS, OTHER ORGANIZATION DEVOTED TO THE WELFARE, PROTECTION, CARE,
CONTROL OR HUMANE TREATMENT OF ANIMALS OR BY A CITY.
3. "PET SHOP" SHALL MEAN A FACILITY LICENSED OR PERMITTED TO OPERATE
IN A CITY OTHER THAN AN ANIMAL SHELTER WHERE LIVE ANIMALS ARE SOLD,
EXCHANGED, BARTERED OR OFFERED FOR SALE AS PET ANIMALS TO THE GENERAL
PUBLIC AT RETAIL FOR PROFIT.
4. "GROOMING PARLOR, SALON, BUSINESS OR ESTABLISHMENT" SHALL MEAN A
FACILITY LICENSED OR PERMITTED TO OPERATE IN A CITY WHERE ANIMALS ARE
PRESENTED BY THEIR OWNERS FOR BATHING, CLIPPING, DIPPING, COMBING OR
CLEANING FOR THE PURPOSE OF IMPROVEMENT OF THE ANIMAL'S APPEARANCE
AND/OR WELL-BEING IN RETURN FOR A FEE.
5. "BOARDING KENNEL, BUSINESS OR ESTABLISHMENT" SHALL MEAN A FACILITY
LICENSED OR PERMITTED TO OPERATE IN A CITY OTHER THAN AN ANIMAL SHELTER
WHERE ANIMALS NOT OWNED BY THE PROPRIETOR ARE SHELTERED, HARBORED, MAIN-
TAINED, GROOMED, FED OR WATERED IN RETURN FOR A FEE.
6. "TRAINING ESTABLISHMENT FOR SMALL ANIMALS" SHALL MEAN A FACILITY
LICENSED OR PERMITTED TO OPERATE IN A CITY WHERE SMALL ANIMALS, WHETHER
BELONGING TO THE OWNER OR EMPLOYEE OF SUCH FACILITY, ARE TRAINED FOR ANY
PURPOSE IN RETURN FOR A FEE.
7. "CITY" SHALL MEAN ANY CITY WITH A POPULATION OVER TWO MILLION.
S 422. DOG LICENSING. 1. EVERY PERSON WHO OWNS OR HARBORS ONE OR MORE
DOGS WITHIN THE CORPORATE LIMITS OF A CITY, SHALL PROCURE A YEARLY
LICENSE AND PAY THE SUM OF SEVEN DOLLARS AND FORTY CENTS, PLUS A TAG FEE
OF ONE DOLLAR, FOR EACH DOG AS HEREINAFTER PROVIDED; AND IN APPLYING FOR
SUCH LICENSE, OR ANY RENEWAL UNDER SECTION FOUR HUNDRED TWENTY-FOUR OF
THIS ARTICLE, THE OWNER SHALL STATE IN WRITING THE NAME, SEX, BREED,
AGE, COLOR AND MARKINGS OF THE DOG, FOR WHICH THE LICENSE IS TO BE
PROCURED.
2. THE FEES SET FORTH IN THIS SECTION, SECTION FOUR HUNDRED
TWENTY-FOUR, SECTION FOUR HUNDRED TWENTY-FIVE AND SECTION FOUR HUNDRED
TWENTY-SEVEN OF THIS ARTICLE MAY BE CHANGED BY LOCAL LAW OR ORDINANCE IN
ANY CITY TO WHICH THIS ARTICLE APPLIES, 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. NOTWITHSTANDING THE
PROVISIONS OF THIS SECTION, DOG LICENSE FEES SHALL NOT BE ESTABLISHED
BASED IN WHOLE OR PART ON THE BREED OF DOG OWNED.
S. 5369 3
3. IN ADDITION TO THE FEE CHARGED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, ANY PERSON APPLYING FOR A DOG LICENSE SHALL PAY AN ADDITIONAL
FEE OF THREE DOLLARS ANNUALLY FOR ANY DOG FOUR MONTHS OF AGE OR OLDER
WHICH HAS NOT BEEN SPAYED OR NEUTERED UNLESS AN OWNER PRESENTS WITH THE
LICENSE APPLICATION A CERTIFIED STATEMENT BY A LICENSED VETERINARIAN
THAT HE OR SHE HAS EXAMINED THE DOG AND FOUND THAT BECAUSE OF OLD AGE OR
OTHER FACTORS, THE LIFE OF THE DOG WOULD BE ENDANGERED BY SPAYING OR
NEUTERING. ALL FEES COLLECTED PURSUANT TO THE PROVISIONS OF THIS SUBDI-
VISION SHALL BE FORWARDED TO THE CITY COMPTROLLER FOR DEPOSIT IN THE
ANIMAL POPULATION CONTROL FUND CREATED PURSUANT TO SECTION 17-811 OF THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
4. FOR DOGS THREE MONTHS OF AGE OR OLDER, OR IN ACCORDANCE WITH REGU-
LATIONS ESTABLISHED BY THE BOARD OF HEALTH OF THE CITY, THE LICENSE
APPLICATION SHALL BE ACCOMPANIED BY PROOF OF A CURRENT RABIES INOCU-
LATION AND, IN THE CASE OF A SPAYED OR NEUTERED DOG, A CERTIFICATE
SIGNED BY A LICENSED VETERINARIAN SHOWING THAT THE DOG HAS BEEN SPAYED
OR NEUTERED. IN LIEU OF THE SPAY OR NEUTER CERTIFICATE, THE OWNER MAY
PRESENT A CERTIFIED STATEMENT BY A LICENSED VETERINARIAN THAT HE OR SHE
HAS EXAMINED THE DOG AND FOUND THAT BECAUSE OF OLD AGE OR OTHER FACTORS,
THE LIFE OF THE DOG WOULD BE ENDANGERED BY SPAYING OR NEUTERING OR A
STATEMENT BY THE OWNER, IN ACCORDANCE WITH THE RULES OF THE DEPARTMENT
OF HEALTH, INDICATING THAT THE DOG HAS BEEN SPAYED OR NEUTERED, THE DATE
OF SUCH PROCEDURE AND THE NAME OF THE VETERINARIAN WHO PERFORMED THE
PROCEDURE.
5. THE APPLICATION FOR A LICENSE SHALL BE ACCOMPANIED BY A STATEMENT
AS PRESCRIBED BY THE DEPARTMENT OF HEALTH, NOTIFYING THE APPLICANT THAT
HE OR SHE MAY SUBMIT, ALONG WITH THE LICENSE FEE REQUIRED BY THIS
SECTION, AN ADDITIONAL AMOUNT OF ANY DENOMINATION TO BE UTILIZED FOR THE
PURPOSE OF EITHER FUNDING LOW-COST SPAY AND NEUTER SERVICES UNDER THE
ANIMAL POPULATION CONTROL FUND CREATED PURSUANT TO SECTION 17-811 OF THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK OR DEFRAYING THE COSTS OF
PROVIDING SHELTER AND MEDICAL CARE FOR HOMELESS, STRAY AND UNWANTED
ANIMALS IN THE CITY.
6. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE DEPARTMENT
OF HEALTH MAY, IN ORDER TO IMPLEMENT A SYSTEM BY WHICH LICENSES ARE
ISSUED FOR THE SAME CALENDAR PERIOD, ISSUE LICENSES OR RENEWALS THEREOF
FOR A PERIOD GREATER THAN TWELVE MONTHS AND LESS THAN TWENTY-FOUR
MONTHS. IN THAT EVENT, THE PARTIAL YEAR COST OF THE LICENSE FEE SHALL BE
COMPUTED BASED UPON A PRO-RATED MONTHLY VALUE OF THE AMOUNTS PURSUANT TO
THIS SECTION AND SECTIONS FOUR HUNDRED TWENTY-THREE AND FOUR HUNDRED
TWENTY-FOUR OF THIS ARTICLE. IN THE EVENT THAT SUCH LICENSE IS IN EFFECT
FOR ANY PARTIAL MONTH PERIOD, IT SHALL BE DEEMED TO HAVE BEEN IN EFFECT
FOR THE ENTIRE MONTH FOR PURPOSES OF COMPUTING SUCH MULTI-YEAR FEE.
7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE DEPARTMENT
OF HEALTH MAY IMPLEMENT A SYSTEM BY WHICH LICENSES ARE ISSUED FOR A
PERIOD GREATER THAN TWELVE MONTHS AND NOT GREATER THAN THIRTY-SIX
MONTHS. THE FEES FOR SUCH LICENSES SHALL BE SET BY LOCAL LAW OR ORDI-
NANCE.
S 423. STUDY OF DISEASES. 1. THE LEGISLATURE FINDS AND DECLARES THAT
THE STUDY OF DISEASES OF DOGS IS OF VITAL IMPORTANCE TO HELP IN CURBING
THE SPREAD OF DISEASE AND IN PROMOTING THE HEALTH AND WELFARE OF THE
PEOPLE OF THE STATE; THAT THE RESEARCH INTO DISEASES OF DOGS AND THE
SEARCH FOR AND THE STUDY OF VIRUSES THAT AFFECT PEOPLE AND ANIMALS CAN
BE OF INVALUABLE ASSISTANCE IN PREVENTING AND CURING DISEASE GENERALLY;
AND THAT FUNDS FOR SUCH RESEARCH AND STUDIES SHOULD BE MADE AVAILABLE
FROM THE ANNUAL FEES FOR LICENSING OF DOGS.
S. 5369 4
2. FROM EACH DOG LICENSE FEE COLLECTED PURSUANT TO SUBDIVISION ONE OF
SECTION FOUR HUNDRED TWENTY-TWO OF THIS ARTICLE AND EACH RENEWAL FEE
PURSUANT TO SECTION FOUR HUNDRED TWENTY-FOUR OF THIS ARTICLE THERE SHALL
BE DEDUCTED THE SUM OF TEN CENTS ANNUALLY WHICH SHALL BE REMITTED BY THE
DEPARTMENT OF HEALTH TO THE COMMISSIONER ON OR BEFORE THE FIFTEENTH DAY
OF EACH MONTH.
S 424. DOG LICENSING RENEWALS. LICENSES AND RENEWALS ISSUED PURSUANT
TO SECTION FOUR HUNDRED TWENTY-TWO OF THIS ARTICLE, SHALL BE VALID FOR A
TERM OF ONE YEAR FROM THE DATE OF ISSUANCE, AND MUST BE RENEWED PRIOR TO
THE EXPIRATION OF THE TERM BY PAYMENT OF SEVEN DOLLARS AND FORTY CENTS,
PLUS A TAG FEE OF ONE DOLLAR, FOR EACH RENEWAL.
S 425. FAILURE TO LICENSE AND LATE RENEWAL OF LICENSE. ANY PERSON WHO
WAS REQUIRED BUT FAILED TO OBTAIN A LICENSE OR RENEWAL THEREOF ON OR
BEFORE THE DATE PRESCRIBED BY THIS ARTICLE OR WITHIN TEN DAYS THEREAFT-
ER, SHALL PAY, IN ADDITION TO THE FEE PRESCRIBED BY THIS ARTICLE FOR
SUCH LICENSE OR RENEWAL, A LATE REGISTRATION FEE OF TWO DOLLARS. SUCH
PAYMENT SHALL BE MADE TO THE DEPARTMENT OF HEALTH AND SHALL BE USED
SOLELY FOR THE PROVISION OF ANIMAL CONTROL SERVICES IN THE CITY IN WHICH
SUCH FEES WERE COLLECTED.
S 426. EXEMPTIONS FROM DOG LICENSING. 1. AN EXEMPTION FROM THE DOG
LICENSING REQUIREMENTS OF SECTION FOUR HUNDRED TWENTY-TWO OF THIS ARTI-
CLE SHALL BE PROVIDED FOR THE FOLLOWING PERSONS, ORGANIZATIONS AND BUSI-
NESSES:
(A) INDIVIDUALS WHO ARE NONRESIDENTS OF A CITY AND WHO ARE TEMPORARILY
RESIDING THEREIN FOR A PERIOD NOT TO EXCEED THIRTY DAYS; AND
(B) FOR DOGS IN THEIR TEMPORARY CUSTODY FOR THE PURPOSES OF REDEMPTION
BY AN OWNER, PLACEMENT FOR ADOPTION, BOARDING, GROOMING, TRAINING,
VETERINARY TREATMENT OR PROVISION OF OTHER SERVICES; ANIMAL SHELTERS,
DULY INCORPORATED HUMANE SOCIETIES, DULY INCORPORATED SOCIETIES FOR THE
PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED ANIMAL PROTECTIVE
ASSOCIATIONS, BOARDING KENNELS, GROOMING PARLORS, SALONS, PET SHOPS,
TRAINING ESTABLISHMENTS OR SIMILAR BUSINESSES OR ESTABLISHMENTS DEFINED
IN THIS ARTICLE; AND FOR LABORATORIES AND RESEARCH INSTITUTIONS APPROVED
BY THE STATE DEPARTMENT OF HEALTH THAT HARBOR DOGS.
2. AN EXEMPTION FROM THE DOG LICENSE FEES OF SECTION FOUR HUNDRED
TWENTY-TWO OF THIS ARTICLE SHALL BE PROVIDED FOR PERSONS WHO OWN OR
HARBOR GUIDE DOGS, HEARING DOGS, SERVICE DOGS OR POLICE WORK DOGS, AS
SUCH TERMS ARE DEFINED IN SECTION ONE HUNDRED EIGHT OF THIS CHAPTER.
S 427. ISSUANCE OF APPLICATION FOR LICENSE PRIOR TO SALE OR ADOPTION.
1. NO PERSON HOLDING A PERMIT PURSUANT TO SECTION 161.09 OF THE NEW YORK
CITY HEALTH CODE, A LICENSE ISSUED PURSUANT TO SECTION FOUR HUNDRED
THREE OF THIS CHAPTER, OR A DULY INCORPORATED HUMANE SOCIETY, DULY
INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DULY
INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, SHALL SELL OR RELEASE FOR
ADOPTION A DOG WITHOUT FIRST REQUIRING THE PURCHASER OR ADOPTER TO
SUBMIT AN APPLICATION FOR A DOG LICENSE AND PAY ALL REQUIRED FEES,
UNLESS THE PURCHASER OR ADOPTER SHALL EXECUTE AND SUBMIT TO THE SELLER
OR ADOPTING AGENCY A WRITTEN STATEMENT THAT THE DOG TO BE PURCHASED OR
ADOPTED IS TO BE HARBORED OUTSIDE THE CITY. SUCH APPLICATION AND WRITTEN
STATEMENTS SHALL BE ON FORMS FURNISHED BY THE DEPARTMENT OF HEALTH.
2. ANY SELLER OR ADOPTING AGENCY PROCESSING AN APPLICATION PURSUANT TO
THIS SECTION SHALL, ON OR BEFORE THE TENTH DAY OF THE MONTH NEXT
SUCCEEDING THE MONTH IN WHICH COLLECTED, REMIT TO THE DEPARTMENT OF
HEALTH ALL APPLICATIONS FOR LICENSES AND FEES COLLECTED LESS AN AMOUNT
NOT TO EXCEED ONE DOLLAR FOR EACH APPLICATION PROCESSED.
S. 5369 5
S 428. ISSUANCE OF CERTIFICATES OF LICENSE AND TAGS BEARING LICENSE
NUMBER. 1. EACH CERTIFICATE OF LICENSE OR RENEWAL SHALL STATE THE NAME
AND ADDRESS OF THE OWNER OF THE DOG, AND ALSO THE NUMBER OF SUCH LICENSE
OR RENEWAL.
2. EVERY DOG SO LICENSED SHALL, AT ALL TIMES, HAVE A COLLAR ABOUT ITS
NECK WITH A METAL TAG ATTACHED THERETO, BEARING THE NUMBER OF THE
LICENSE. SUCH TAG SHALL BE SUPPLIED TO THE OWNER WITH THE CERTIFICATE OF
LICENSE AND SHALL BE OF SUCH FORM AND DESIGN AS THE DEPARTMENT OF HEALTH
OR ITS AUTHORIZED AGENT, SHALL DESIGNATE. DUPLICATE TAGS MAY BE ISSUED
ONLY UPON REASONABLE PROOF OF LOSS OF THE ORIGINAL AND THE PAYMENT OF A
SUM EQUAL TO THE COST OF A DUPLICATE.
S 429. SEIZURE AND DISPOSITION OF DOGS. 1. LOST, STRAY AND UNLICENSED
DOGS MAY BE SEIZED. ANY SEIZED DOG THAT IS WITHOUT ANY FORM OF IDENTIFI-
CATION AND THAT IS NOT REDEEMED WITHIN FORTY-EIGHT HOURS AFTER ADMISSION
TO A SHELTER, MAY BE MADE AVAILABLE FOR ADOPTION OR HUMANELY EUTHANIZED
PURSUANT TO THE PROVISIONS OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS
CHAPTER.
2. UPON SEIZURE AND ADMISSION TO A SHELTER OF A LOST OR STRAY DOG
WHICH BEARS A LICENSE TAG, IDENTIFICATION TAG, OR WHICH IS MICROCHIPPED
OR TATTOOED OR WHICH OTHERWISE ENABLES IDENTIFICATION OF ITS OWNER, SUCH
SHELTER SHALL ATTEMPT TO NOTIFY SUCH OWNER, AND SHALL HOLD SUCH DOG, IF
NOT CLAIMED BY THE OWNER, FOR NOT LESS THAN THREE DAYS AFTER THE DAY OF
A PERSONAL OR TELEPHONE NOTICE TO THE OWNER, AND NOT LESS THAN SEVEN
DAYS AFTER THE DAY OF A NOTICE HAS BEEN MAILED TO THE OWNER BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, TO THE MAILING ADDRESS OF THE OWNER
PROVIDED BY THE OWNER ON HIS LICENSE APPLICATION, OR AS SUCH ADDRESS
APPEARS ON OTHER RECORDS AS MAY BE AVAILABLE. THEREAFTER, SUCH DOG MAY
BE MADE AVAILABLE FOR ADOPTION OR HUMANELY EUTHANIZED PURSUANT TO THE
PROVISIONS OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
3. IN DETERMINING WHEN A DOG MAY BE MADE AVAILABLE FOR ADOPTION OR
HUMANELY EUTHANIZED PURSUANT TO THIS SECTION: (A) ANY HOURS WHEN A SHEL-
TER IS NOT REQUIRED BY LAW TO MAKE SUCH DOG AVAILABLE FOR REDEMPTION AND
ANY ADDITIONAL HOURS WHEN A SHELTER DOES NOT ACTUALLY MAKE SUCH DOG
AVAILABLE FOR REDEMPTION SHALL BE EXCLUDED FROM CALCULATION OF THE
FORTY-EIGHT HOUR PERIOD IN SUBDIVISION ONE OF THIS SECTION; AND (B) ANY
DAY DURING WHICH A SHELTER IS NOT REQUIRED BY LAW TO MAKE SUCH DOG
AVAILABLE FOR AT LEAST FOUR HOURS OF SUCH DAY AND ANY ADDITIONAL DAY
WHEN A SHELTER DOES NOT ACTUALLY MAKE SUCH DOG AVAILABLE FOR REDEMPTION
DURING AT LEAST FOUR HOURS OF SUCH DAY SHALL BE EXCLUDED FROM CALCU-
LATION OF THE THREE DAY AND THE SEVEN DAY PERIOD IN SUBDIVISION TWO OF
THIS SECTION.
S 430. SEIZURE AND DISPOSITION OF CATS. 1. ANY CAT FOUND WITHIN THE
CORPORATE LIMITS OF A CITY WITHOUT A COLLAR ABOUT ITS NECK BEARING THE
NAME AND ADDRESS OF THE OWNER STAMPED THEREON, MAY BE SEIZED AND
DISPOSED OF IN LIKE MANNER AS PRESCRIBED FOR DOGS IN SUBDIVISION ONE AND
SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-NINE OF THIS ARTICLE.
2. UPON ADMISSION TO ANY SHELTER OF A CAT WHICH BEARS A COLLAR ABOUT
ITS NECK BEARING THE NAME AND ADDRESS OF ITS OWNER STAMPED THEREON,
WHICH IS MICROCHIPPED, TATTOOED OR OTHERWISE ENABLES IDENTIFICATION OF
ITS OWNER, THE SHELTER SHALL HOLD SUCH CAT AND ATTEMPT TO NOTIFY ITS
OWNER IN LIKE MANNER AS PRESCRIBED FOR DOGS IN SUBDIVISION TWO AND
SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-NINE OF THIS ARTICLE.
S 431. REDEMPTION OF DOGS AND CATS. 1. ANY PERSON CLAIMING A DOG OR
CAT SEIZED UNDER THE PROVISIONS OF THIS ARTICLE, AND PROVING OWNERSHIP
THEREOF, SHALL BE ENTITLED TO RESUME POSSESSION OF THE ANIMAL PROVIDED
THAT THE OWNER COMPLETES AN APPLICATION AND PAYS THE FEES FOR LICENSING
S. 5369 6
A DOG, IF THE DOG IS UNLICENSED, AND PAYS: THE REASONABLE COST OF MANDA-
TORY SPAYING OR NEUTERING OF THE DOG OR CAT, IF THE DOG OR CAT IS
UNSPAYED OR UNNEUTERED; THE REASONABLE COSTS OF ANY NECESSARY MEDICAL
TREATMENT FOR ANY ANIMAL; AND THE REASONABLE COST OF BOARDING THE
ANIMAL. FOR PURPOSES OF THIS SECTION, "REASONABLE COSTS" SHALL NOT
EXCEED THE PREVAILING AVERAGE COST OF SPAYING OR NEUTERING, MEDICAL
TREATMENT OR BOARDING IN THE CITY IN WHICH THE ANIMAL HAS BEEN SEIZED.
BOARDING COSTS SHALL NOT BE PAYABLE IF THE DOG OR CAT IS RECLAIMED WITH-
IN FORTY-EIGHT HOURS AFTER ADMISSION TO A SHELTER.
2. IN DETERMINING WHETHER BOARDING COSTS SHALL BE PAYABLE PURSUANT TO
THIS SECTION UPON REDEMPTION OF A DOG OR CAT, ANY HOURS WHEN A SHELTER
IS NOT REQUIRED BY LAW TO MAKE SUCH DOG OR CAT AVAILABLE FOR REDEMPTION
AND ANY ADDITIONAL HOURS WHEN A SHELTER DOES NOT ACTUALLY MAKE SUCH DOG
OR CAT AVAILABLE FOR REDEMPTION SHALL BE EXCLUDED FROM CALCULATION OF
THE FORTY-EIGHT HOUR PERIOD IN SUBDIVISION ONE OF THIS SECTION.
S 432. POWER TO ISSUE LICENSES AND ENFORCE ARTICLE. 1. THE DEPARTMENT
OF HEALTH OR ITS AUTHORIZED AGENTS, IS HEREBY AUTHORIZED TO CARRY OUT
THE PROVISIONS OF THIS ARTICLE, AND SAID DEPARTMENT OR ITS AUTHORIZED
AGENTS, IS FURTHER AUTHORIZED TO ISSUE THE LICENSES AND RENEWALS, AND TO
COLLECT THE FEES THEREFOR, AS HEREIN PRESCRIBED. SUCH FEES, INCLUDING
ANY ADDITIONAL FEES IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE PURSU-
ANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED TWENTY-TWO OF THIS ARTI-
CLE, WITH THE EXCEPTION OF THOSE COLLECTED PURSUANT TO SUBDIVISION THREE
OF SECTION FOUR HUNDRED TWENTY-TWO AND SECTION FOUR HUNDRED TWENTY-THREE
OF THIS ARTICLE, SHALL BE THE PROPERTY OF THE CITY AND SHALL BE USED AS
PROVIDED BY THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, TO DEFRAY THE
COST OF CARRYING OUT THE PROVISIONS OF THIS ARTICLE AND PROVIDING FOR
ANIMAL CARE AND CONTROL IN THE CITY INCLUDING BUT NOT LIMITED TO THE
COSTS OF OPERATING ANIMAL SHELTERS BY THE CITY EITHER DIRECTLY OR
THROUGH CONTRACT, SUBSIDIZING THE SPAYING OR NEUTERING OF DOGS AND CATS
AND SUBSIDIZING PUBLIC HUMANE PROGRAMS IN RESPONSIBLE PET OWNERSHIP.
2. THE DEPARTMENT OF HEALTH MAY MAKE DOG LICENSES AVAILABLE FOR
PURCHASE THROUGH THE INTERNET. THE DEPARTMENT OF HEALTH MAY ALSO MAKE
DOG LICENSES AVAILABLE FOR PURCHASE THROUGH LICENSED VETERINARIANS,
SHELTERS, POUNDS, DULY INCORPORATED SOCIETIES FOR THE PREVENTION OF
CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETIES, DULY INCORPO-
RATED DOG PROTECTIVE ASSOCIATIONS, PET DEALERS LICENSED PURSUANT TO
SECTION FOUR HUNDRED THREE OF THIS CHAPTER, BUSINESSES LICENSED PURSUANT
TO SECTION 161.09 OF THE NEW YORK CITY HEALTH CODE, AND GOVERNMENT
OFFICES SUCH AS TOWN AND CITY HALLS, POST OFFICES AND PUBLIC LIBRARIES.
THE DEPARTMENT OF HEALTH SHALL EVALUATE THE FEASIBILITY OF INTERNET
LICENSING AND SHALL REPORT ITS FINDINGS TO THE LEGISLATURE NO LATER THAN
MAY FIRST, TWO THOUSAND TEN.
3. ANY PERSON WHO OWNS OR HARBORS IN A CITY A DOG OR CAT THREE MONTHS
OF AGE OR OLDER, OTHER THAN A DOG OR CAT EXEMPT FROM VACCINATION
REQUIREMENTS SHALL HAVE SUCH ANIMAL ACTIVELY IMMUNIZED AGAINST RABIES IN
ACCORDANCE WITH THE REQUIREMENTS OF THE CITY HEALTH CODE.
4. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE VETERINARY
MEDICAL ASSOCIATION OF NEW YORK CITY SHALL MAKE AVAILABLE FOR DISTRIB-
UTION TO ALL VETERINARIAN OFFICES, POST OFFICES AND MUNICIPAL OFFICES A
PUBLIC INFORMATION POSTER CONTAINING, BUT NOT LIMITED TO, THE FOLLOWING
INFORMATION:
(I) THAT ALL DOGS AGED FOUR MONTHS OR OLDER MUST BE LICENSED;
(II) THE LICENSE FEE FOR ALTERED AND UNALTERED DOGS; AND
(III) THE PROGRAMS FUNDED BY THE LICENSE FEES.
S. 5369 7
S 433. DOG ENUMERATION AND WAIVER OF FINES. 1. THE DEPARTMENT OF
HEALTH MAY BIENNIALLY ASCERTAIN AND LIST THE NAMES OF ALL PERSONS IN THE
MUNICIPALITY OWNING OR HARBORING DOGS OR IN LIEU THEREOF, SUCH CITY MAY
CONTRACT TO HAVE THE SAME DONE.
2. THE DEPARTMENT OF HEALTH MAY WAIVE THE APPLICABLE FINES PURSUANT TO
THIS ARTICLE. ANY SUCH WAIVER SHALL BE PRECEDED BY A PUBLIC EDUCATION
ANNOUNCEMENT, ADVERTISEMENT OR PROGRAM TO INFORM THE PUBLIC OF THE
AMNESTY PERIOD AND TO PROVIDE THE REQUISITE INFORMATION FOR COMPLYING
WITH THE LICENSING PROVISIONS OF THIS SECTION AS WELL AS INFORMATION
CONCERNING APPLICABLE PENALTIES FOR VIOLATION OF THESE LAWS.
3. THE DEPARTMENT OF HEALTH MAY WAIVE APPLICABLE LICENSE FEES AND
FINES PURSUANT TO THIS ARTICLE EXCEPT FOR FEES REQUIRED TO BE COLLECTED
PURSUANT TO SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-TWO OF THIS
ARTICLE IN CONNECTION WITH ANY EDUCATIONAL CAMPAIGN TO PROMOTE LICENSING
AND SPAYING AND NEUTERING OF DOGS. ANY SUCH WAIVER SHALL BE PRECEDED BY
A PUBLIC EDUCATION ANNOUNCEMENT, ADVERTISEMENT OR PROGRAM TO INFORM THE
PUBLIC OF THE AMNESTY PERIOD AND PROVIDE THE REQUISITE INFORMATION FOR
COMPLYING WITH THE LICENSING PROVISIONS OF SECTION FOUR HUNDRED TWENTY-
TWO OF THIS ARTICLE AS WELL AS INFORMATION CONCERNING APPLICABLE PENAL-
TIES FOR VIOLATION OF THESE LAWS.
S 434. ENFORCEMENT AND PENALTIES. ANY PERSON OR PERSONS WHO SHALL
HINDER OR MOLEST OR INTERFERE WITH ANY OFFICER OR AGENT OF THE DEPART-
MENT OF HEALTH IN THE PERFORMANCE OF ANY DUTY ENJOINED BY THIS ARTICLE,
OR WHO SHALL USE A LICENSE TAG ON A DOG FOR WHICH IT WAS NOT ISSUED,
SHALL BE DEEMED GUILTY OF A MISDEMEANOR. ANY PERSON WHO OWNS OR HARBORS
A DOG WITHOUT COMPLYING WITH THE PROVISIONS OF THIS ARTICLE SHALL BE
SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TWENTY-FIVE NOR MORE THAN
FIFTY DOLLARS FOR A FIRST OFFENSE, A SUM OF NOT LESS THAN FIFTY DOLLARS
NOR MORE THAN ONE HUNDRED DOLLARS FOR A SECOND OFFENSE WITHIN A FIVE
YEAR PERIOD, AND A SUM OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE
THAN TWO HUNDRED DOLLARS FOR A THIRD OR SUBSEQUENT OFFENSE WITHIN A FIVE
YEAR PERIOD. ANY PERSON WHO SHALL FALSIFY ANY INFORMATION ON AN APPLI-
CATION FOR A LICENSE OR A RENEWAL THEREOF PURSUANT TO THIS ARTICLE OR
WHO, FOR 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, HUMANE
SOCIETY OR DULY INCORPORATED DOG OR CAT PROTECTIVE ASSOCIATION OR WHO
SHALL FALSIFY PROOF OF PARTICIPATION IN ANY OF THE PROGRAMS ENUMERATED
IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION ONE HUNDRED SEVENTEEN-A
OF THIS CHAPTER, OR WHO SHALL KNOWINGLY FURNISH ANY LICENSED VETERINARI-
AN OF THIS STATE WITH INACCURATE INFORMATION CONCERNING HIS OR HER RESI-
DENCY 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 CHAPTER AND ANY VETERINARIAN WHO SHALL
FURNISH THE COMMISSIONER WITH FALSE INFORMATION CONCERNING AN ANIMAL
STERILIZATION FEE SCHEDULE OR AN ANIMAL STERILIZATION CERTIFICATE
SUBMITTED PURSUANT TO SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVEN-
TEEN-A OF THIS CHAPTER SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A
FINE OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS WHERE PROSECUTED PURSU-
ANT TO THE PENAL LAW, OR WHERE SUBJECT TO A CIVIL ACTION, SUCH CIVIL
PENALTY SHALL BE A SUM OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS. IN
ADDITION TO EMPLOYEES, OFFICERS AND AGENTS OF THE DEPARTMENT OF HEALTH,
THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED BY ANY EMPLOYEE, OFFICER
OR AGENT OF THE CITY OF NEW YORK DEPARTMENT OF SANITATION, DEPARTMENT OF
PARKS AND RECREATION, OR ANY OTHER AGENCY AUTHORIZED BY THE COMMISSIONER
OF HEALTH AND MENTAL HYGIENE OF SUCH CITY OR THE BOARD OF HEALTH.
S. 5369 8
NOTICES OF VIOLATION ISSUED PURSUANT TO THIS ARTICLE SEEKING CIVIL
PENALTIES SHALL BE MADE RETURNABLE TO THE ADMINISTRATIVE TRIBUNAL OF THE
DEPARTMENT OF HEALTH OR TO THE ENVIRONMENTAL CONTROL BOARD OF THE CITY
OF NEW YORK.
S 435. POUND SEIZURE PROHIBITED. NO ANIMAL IMPOUNDED PURSUANT TO THE
PROVISIONS OF THIS ARTICLE OR IN THE CARE, CUSTODY OR CONTROL OF AN
ANIMAL SHELTER OR OTHER FACILITY FOR LOST, STRAYED AND HOMELESS ANIMALS
SHALL BE SOLD, TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY PERSON FOR
THE PURPOSE OF RESEARCH, EXPERIMENTATION, TESTING, TEACHING OR DEMON-
STRATION. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL
BE SUBJECT TO A CIVIL PENALTY OF FIVE HUNDRED DOLLARS FOR EACH
VIOLATION.
S 436. STANDARDS FOR HUMANE TREATMENT. THE DEPARTMENT OF HEALTH IN A
CITY COVERED BY THIS ARTICLE, IN CONSULTATION WITH THE AMERICAN SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, SHALL PRESCRIBE STANDARDS FOR
SUCH CITY FOR THE HUMANE TREATMENT OF ANIMALS IMPOUNDED PURSUANT TO THIS
ARTICLE AND SHALL PROVIDE REGULAR INSPECTION TO ENSURE COMPLIANCE WITH
SUCH STANDARDS.
S 437. COMPANION ANIMALS. ANY ANIMAL IMPOUNDED PURSUANT TO THIS ARTI-
CLE WHICH IS UNCLAIMED MAY BE DELIVERED TO AN INDIVIDUAL EIGHTEEN YEARS
OF AGE OR OLDER FOR THE PURPOSE OF OWNING SUCH ANIMAL AS A COMPANION
ANIMAL.
S 438. USE OF DOG RUNS. ONLY DOGS DULY LICENSED PURSUANT TO THIS ARTI-
CLE SHALL BE PERMITTED TO USE DESIGNATED DOG RUNS IN A CITY SUBJECT TO
THE PROVISIONS OF THIS ARTICLE.
S 3. The administrative code of the city of New York is amended by
adding a new section 17-811 to read as follows:
S 17-811 ANIMAL POPULATION CONTROL FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE CITY COMPTROLLER AND COMMISSIONER OF
FINANCE A FUND TO BE KNOWN AS THE "ANIMAL POPULATION CONTROL FUND".
2. SUCH A FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO ARTI-
CLE TWENTY-SIX-C OF THE AGRICULTURE AND MARKETS LAW, AND ALL OTHER
MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW.
3. MONEYS OF THE FUND SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF
AGRICULTURE AND MARKETS AND SHALL BE EXPENDED FOR THE PURPOSES OF CARRY-
ING OUT ANIMAL POPULATION CONTROL PROGRAMS FOR THE GENERAL PUBLIC. ANY
INTEREST RECEIVED BY THE CITY COMPTROLLER ON MONEYS ON DEPOSIT IN THE
ANIMAL POPULATION CONTROL FUND SHALL BE RETAINED IN AND BECOME PART OF
SUCH FUND.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law, provided that upon the repeal of sections 1 through
13 of chapter 115 of the laws of 1894, relating to the better protection
of lost and strayed animals and for securing the rights of owners there-
of, pursuant to section one of this act, any existing licenses or
renewals thereof issued under the provisions of such sections shall
continue to be valid for such terms as they were issued under such
provisions. Such licenses or renewals shall be renewable pursuant to the
provisions added by section two of this act.