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This entry was published on 2022-12-23
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SECTION 420
Definitions
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 26-C
* § 420. Definitions. For purposes of this article, the following
terms shall have the following meanings:

1. "Adoption" means the transfer of legal ownership to and possession
by any natural person eighteen years of age or older, for the limited
purpose of harboring a pet, of any dog or cat, owned by the animal
shelter regardless of whether a fee is involved.

2. "Adult" shall mean cats and dogs five months of age and older, for
the purposes of determining appropriate housing within an animal
shelter.

3. "Animal" shall mean a dog or cat as defined in this section, but
shall not be construed to diminish or restrict the mission of any animal
shelter defined in this section or other entity duly incorporated
pursuant to section fourteen hundred three of the not-for-profit
corporation law solely to the care of dogs or cats.

4. "Air handling system" shall mean the device or equipment used to
regulate, circulate, exchange, heat, and/or cool the air inside a
building.

5. "Ambient temperature" shall mean the temperature of the environment
inside a room or building.

6. "Animal shelter" shall mean a public or not-for-profit entity
owning, operating, or otherwise maintaining a building, structure, or
facility where temporary or permanent housing and care is provided to
stray, abandoned, abused, seized, impounded, owner-surrendered or
otherwise unwanted animals regardless of whether or not such facility
also serves as a personal residence. This includes but is not limited
to: facilities owned, operated, or maintained by a duly incorporated
society for the prevention of cruelty to animals, duly incorporated
humane society dog or cat protective association, or pound; any person
in the employ of, or organization operated by or under contract to a
municipality to provide care for seized or impounded animals; or any
other not-for-profit organization involved in the protection, care, or
rehoming of animals. Unless otherwise provided in this article, the
term "animal shelter" shall not include the personal residence of any
foster care provider as defined in this section; a facility commonly
known as a boarding kennel, where the ownership of the animal is not
transferred; any entity licensed as a pet dealer pursuant to article
twenty-six-A of this chapter; any duly incorporated animal hospital
owned, operated or supervised by a duly licensed veterinarian; or any
facility where the owner or operator is licensed by the New York state
department of environmental conservation as a nuisance wildlife control
agent or wildlife rehabilitator.

7. "Aseptic" shall mean procedures or techniques performed in a manner
sufficient to exclude harmful bacteria, viruses, or other
microorganisms.

8. "Behavioral evaluation" shall mean an ordered series of
interactions with an animal to determine their behavioral response to
various stimuli likely to be encountered in a typical home environment.

9. "Cat" shall mean any member of the species Felis catus, regardless
of age, sex, breed, ownership status or behavior around humans.

10. "Chemical capture" shall mean the use of drugs administered to an
animal by a remote delivery system in order to immobilize it for the
purposes of capture.

11. "Cleaning" shall mean the physical removal of debris and organic
material from an environment.

12. "Conspecific" shall mean another member of the same species.

13. "Control pole" shall mean a restraint device consisting of a rigid
metal pole with an adjustable wire noose used for handling and restraint
of dogs, also commonly referred to as a catch pole or rabies pole.

14. "Death", for the purposes of describing the disposition of an
animal, shall mean those animals who die but are not euthanized,
regardless of cause.

15. "Disinfection" shall mean the process where microorganisms are
killed or inactivated, typically through the application of a chemical
or by some physical process (e.g. steam, heat, etc).

16. "Dog" shall mean any member of the species Canis lupis familiaris,
regardless of age, sex, breed, ownership status, or behavior around
humans.

17. "Drop boxes" shall mean unattended enclosures at an animal shelter
that are accessible to the public and used to contain animals brought to
the animal shelter outside of regular business hours.

18. "Enclosure" shall be defined as an area of confinement used for
housing a single animal or group of animals housed together. An
enclosure may be a cage, run, kennel, room, or other such confining
area.

19. "Enriched" shall mean environment that reduces stress and promotes
the physical health and behavioral well-being of an animal.

20. "Enrichment" shall mean a process for improving the environment
and behavioral care of confined animals in order to reduce stress and
improve well-being. Enrichment shall include, but not be limited to,
providing physical and mental stimulation, encouraging species-typical
behaviors, and modifying the animal's housing environment.

21. "Foster care provider" shall mean any individual voluntarily
providing temporary care for one or more animals in their home that
remain in the custody and under the responsibility of an animal shelter.

22. "Infectious disease" shall mean a disease or condition caused by
bacteria, viruses, fungi or parasites that can be transmitted, directly
or indirectly, from one animal or individual to another.

23. "Intracardiac" shall mean an injection made directly into one of
the chambers of the heart.

24. "Intrahepatic" shall mean an injection made into the liver.

25. "Intrarenal" shall mean an injection made into the kidney.

26. "Intrasplenic" shall mean an injection made into the spleen.

27. "Juvenile" shall mean any cat or dog between two and five months
of age for the purposes of determining appropriate housing within an
animal shelter.

28. "Loss" for the purposes of describing the disposition of an
animal, shall mean those animals who escape or go missing while in the
care of an animal shelter.

29. "Long-term stay" shall mean any duration of care in an animal
shelter of fourteen days or longer.

30. "Neonate" shall mean any cat or dog less than two months of age,
for the purposes of determining appropriate housing within an animal
shelter.

31. "Pathogen" shall mean a biologic organism capable of causing
disease in an animal, such as a bacteria, virus, or fungus.

32. "Primary enclosure" shall mean the area of confinement used for
housing an animal and where the animal spends the majority of its time
in an animal shelter.

33. "Thermoregulation" shall mean the ability of an animal to maintain
its internal body temperature within a normal physiologic range.

34. "Transport" shall mean the physical movement of an animal from one
location to another, regardless of purpose and whether or not custody or
responsibility for such animal changes as a result, when carried out by
the shelter or an agent thereof.

35. "Transfer" shall mean the transfer of ownership and physical
custody of an animal for an animal's care and well-being from an animal
shelter to another organization as authorized pursuant to subdivision
five of section three hundred seventy-four of this chapter.

36. "Unenveloped virus" shall mean those viruses without an outer
lipid layer that are more difficult to inactivate through sanitation
procedures. Unenveloped viruses of concern in an animal shelter
environment include canine and feline parvoviruses, feline calicivirus,
and canine adenovirus-2.

37. "Zoonotic" shall mean any disease that may be transmitted between
humans and animals.

* NB Effective December 15, 2025