S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2069

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. BENJAMIN, ALFANO -- Multi-Sponsored by -- M. of
  A. BARRA, HOOPER, MILLER -- read once and referred to the Committee on
  Health

AN ACT to amend the public health law,  in  relation  to  requiring  pet
  kennels to obtain and post certificates of health

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 13 of the public health law is amended by adding  a
new title 7-A to read as follows:
                                TITLE VII-A
                    BOARDING KENNEL HEALTH AND SAFETY
SECTION 1349.   DECLARATION OF PUBLIC POLICY.
        1349-A. BOARDING  KENNELS;  POWERS  OF  THE  COMMISSIONER; DEFI-
                 NITION.
        1349-B. BOARDING KENNELS; DUTY TO PERMIT INSPECTIONS.
        1349-C. BOARDING KENNELS; LICENSING REQUIREMENTS.
        1349-D. BOARDING KENNELS; POSTING OF SIGNS.
        1349-E. BOARDING KENNELS; VIOLATIONS AND SANCTIONS.
        1349-F. SEPARABILITY.
  S 1349. DECLARATION OF PUBLIC POLICY. IT IS DECLARED PUBLIC POLICY  OF
THE STATE OF NEW YORK TO PROTECT THE HEALTH AND SAFETY OF PET ANIMALS IN
BOARDING KENNELS FROM THE SPREAD OF DISEASE TO OTHER ANIMALS AND PEOPLE.
  S 1349-A. BOARDING KENNELS; POWERS OF THE COMMISSIONER; DEFINITION. 1.
THE  COMMISSIONER  SHALL  HAVE FULL POWER AND AUTHORITY, IN CONSULTATION
WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, CORNELL UNIVERSITY  OR
THE NEW YORK STATE VETERINARY COLLEGE AT CORNELL TO PROMULGATE RULES AND
REGULATIONS  REGARDING  THE  HEALTH  AND  SAFETY  OF BOARDING KENNELS TO
PREVENT THE SPREAD OF DISEASE BETWEEN ANIMALS AND PEOPLE, AND TO LICENSE
AND INSPECT SUCH BOARDING KENNELS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05359-01-9

A. 2069                             2
              

  2. THE COMMISSIONER MAY APPOINT AND  DESIGNATE,  FROM  TIME  TO  TIME,
PERSONS  TO  MAKE THE INSPECTIONS AUTHORIZED BY THIS SECTION AND SECTION
THIRTEEN HUNDRED FORTY-NINE-B OF THIS TITLE.
  3.  FOR  THE PURPOSES OF THIS TITLE, "BOARDING KENNEL" MEANS AN ESTAB-
LISHMENT OPERATED AND MAINTAINED FOR THE CARE OR CUSTODY OF PET  ANIMALS
FOR  BOARDING,  TRAINING,  OR  SIMILAR  PURPOSES, FOR VARYING PERIODS OF
TIME, FOR PROFIT OR COMPENSATION.
  S 1349-B. BOARDING KENNELS; DUTY TO PERMIT INSPECTIONS.  EVERY  OWNER,
OPERATOR,  LESSOR,  LESSEE  OR  PERSON  IN CHARGE OF ANY BOARDING KENNEL
ENGAGED IN CUSTODY AND CARE OF PET ANIMALS IN THIS STATE,  SHALL  PERMIT
THE  COMMISSIONER  OR  HIS OR HER DULY AUTHORIZED AGENTS OR EMPLOYEES TO
HAVE ACCESS TO ALL PARTS OF ANY AND ALL OF SUCH BOARDING KENNELS FOR THE
PURPOSE OF ENSURING  THE  HEALTH  AND  SAFETY  STANDARDS  AND  LICENSING
REQUIREMENTS  OF  THIS  TITLE, AND THE PROVISIONS OF LOCAL ORDINANCES OR
REGULATIONS ARE BEING OBSERVED.
  S 1349-C. BOARDING KENNELS;  LICENSING  REQUIREMENTS.  1.  NO  PERSON,
OWNER, FIRM, CORPORATION, OR ASSOCIATION SHALL OPERATE A BOARDING KENNEL
WITHOUT  OBTAINING  A  LICENSE  FROM  THE  LOCAL  HEALTH DEPARTMENT. THE
COMMISSIONER SHALL PROMULGATE  HEALTH  AND  SAFETY  STANDARDS  FOR  SUCH
BOARDING KENNELS, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING:
  (A)  STRUCTURAL LAYOUT OF FACILITIES, INCLUDING SOURCES OF NATURAL AND
ARTIFICIAL LIGHTING FOR HOUSING PET ANIMALS, ADEQUATE AND HEALTHY VENTI-
LATION, AND TEMPERATURE CONTROL AND MAINTENANCE;
  (B) AVAILABILITY OF POTABLE  WATER,  FOOD  SUPPLIES,  SANITIZATION  OF
FEEDING  UTENSILS,  STORAGE OF EQUIPMENT AND BEDDING, PROTECTION AGAINST
VERMIN INFESTATION AND CONTAMINATION;
  (C) PROOF OF VACCINATION REQUIREMENTS FOR ALL  BOARDERS,  AVAILABILITY
OF  VETERINARY SERVICES, AND AVAILABILITY OF SPACE FOR THE ISOLATION AND
TREATMENT OF PET ANIMALS SUSPECTED OF HARBORING COMMUNICABLE DISEASES;
  (D) DISINFECTION, DISPOSAL OF  EXCRETA,  BEDDING,  AND  DEAD  ANIMALS,
DISPOSAL  FACILITIES  TO  MINIMIZE DISEASE HAZARDS, OFFENSIVE ODORS, AND
VERMIN INFESTATION; AND
  (E) CARETAKER CLEANLINESS.
  2. THE LOCAL  HEALTH  DEPARTMENT  SHALL  ISSUE  A  LICENSE  IF,  AFTER
INSPECTION,  THE  BOARDING  KENNEL  IS IN COMPLIANCE WITH THE HEALTH AND
SAFETY STANDARDS PROMULGATED BY THE COMMISSIONER AS PROVIDED IN SUBDIVI-
SION ONE OF THIS SECTION. THE LICENSE SHALL  BE  ISSUED  FOR  ONE  YEAR,
RENEWABLE  UPON  ANNUAL  INSPECTION,  AND IN A FORM AS DETERMINED BY THE
COMMISSIONER. THERE SHALL BE A NOMINAL FEE FOR SUCH LICENSE AND  LICENSE
RENEWALS  TO  BE  DETERMINED  BY  THE COMMISSIONER. THE LICENSE SHALL BE
POSTED IN PLAIN VIEW OF THE PUBLIC UPON ENTERING  THE  BOARDING  KENNEL.
THE FEE FOR SUCH LICENSE SHALL BE FIFTY DOLLARS.
  3.  UPON  APPLICATION  TO THE DEPARTMENT, WAIVERS TO CERTAIN STANDARDS
MAY BE OBTAINED ON A CASE BY CASE BASIS.  SUCH  WAIVERS  SHALL  ONLY  BE
GRANTED  TO  BOARDING KENNELS WHERE SUCH APPLICATION IS ACCOMPANIED BY A
WRITTEN CERTIFICATION BY THE LOCAL HEALTH OFFICER OF ITS NEED  TO  AVOID
AN  IMMEDIATE  UNDUE  HARDSHIP  UPON THE OWNER OR OPERATOR OF A BOARDING
KENNEL THAT HAD BEEN IN EXISTENCE PRIOR TO THE EFFECTIVE  DATE  OF  THIS
TITLE.  WAIVERS  MAY  BE ACCOMPANIED WITH A TIME TABLE FOR SUCH KENNEL'S
COMPLIANCE WITH THE RULES AND REGULATIONS PROMULGATED IN ACCORDANCE WITH
SUBDIVISION ONE OF THIS SECTION.
  S 1349-D. BOARDING KENNELS; POSTING OF SIGNS.  EVERY  BOARDING  KENNEL
SHALL  CONSPICUOUSLY  POST  SIGNS AND PROVIDE PROSPECTIVE PATRONS WITH A
WRITTEN COPY OF STATE REGULATIONS AND KENNEL POLICIES  REGARDING  HEALTH
AND SAFETY OF ITS PET ANIMAL BOARDERS.

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  S  1349-E.  BOARDING KENNELS; VIOLATIONS AND SANCTIONS. 1. A VIOLATION
OF THIS TITLE OR OF THE HEALTH AND SAFETY REGULATIONS PROMULGATED BY THE
COMMISSIONER SHALL CONSTITUTE A PUBLIC NUISANCE WHICH MAY BE ENJOINED OR
RESTRAINED. IF SUCH VIOLATION CONSTITUTES A  PUBLIC  HEALTH  HAZARD  AND
CONTINUES  FOR  MORE THAN ONE WEEK FROM THE DATE OF NOTICE OF VIOLATION,
AND A WRITTEN DEMAND FOR DISCONTINUANCE AND ABATEMENT OF SUCH  VIOLATION
HAS  BEEN  DELIVERED  UPON  THE  OPERATOR OF SUCH BOARDING KENNEL IN THE
MANNER PRESCRIBED FOR SERVICE OF SUMMONS SET FORTH IN THE CIVIL PRACTICE
LAW AND RULES, A LOCAL PUBLIC HEALTH OFFICER MAY MAKE AN EX PARTE APPLI-
CATION TO A COURT OF COMPETENT JURISDICTION FOR A TEMPORARY  RESTRAINING
ORDER  WHICH  SUCH  COURT  MAY  GRANT WHEN IT DETERMINES THAT THERE IS A
VIOLATION WHICH REQUIRES IMMEDIATE RELIEF.
  2. THE OWNER OR OPERATOR OF A BOARDING  KENNEL  CITED  FOR  VIOLATIONS
CONSTITUTING  A  PUBLIC  HEALTH HAZARD FOR WHICH A TEMPORARY RESTRAINING
ORDER HAS BEEN ISSUED AS PROVIDED IN SUBDIVISION ONE  OF  THIS  SECTION,
SHALL:
  (A) HAVE AN OPPORTUNITY TO CORRECT SUCH VIOLATION AS SOON AS PRACTICA-
BLE; OR
  (B)  BE PROVIDED WITH A HEARING WITHIN FIFTEEN DAYS. UPON A FINDING OF
A VIOLATION, AN OWNER OR OPERATOR OF SUCH BOARDING KENNEL MAY BE ORDERED
TO CORRECT SUCH VIOLATION WITHIN ONE WEEK AND FINED  NO  MORE  THAN  ONE
HUNDRED  DOLLARS PER VIOLATION. UPON A FINDING OF A REPEAT OR SUBSEQUENT
VIOLATION, SUCH OWNER OR OPERATOR SHALL  BE  FINED  NO  MORE  THAN  FIVE
HUNDRED DOLLARS.
  S  1349-F.  SEPARABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI-
SION, SECTION OR PART OF THIS TITLE SHALL BE ADJUDGED BY  ANY  COURT  OF
COMPETENT  JURISDICTION  TO  BE  INVALID, THE JUDGMENT SHALL NOT AFFECT,
IMPAIR OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS
OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH,  SUBDIVISION,  SECTION  OR
PART  THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH THE JUDGMENT
SHALL HAVE BEEN RENDERED.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.