§ 753-d. Construction with other laws. Nothing in this article shall
be construed to (a) limit or restrict agents or officers of societies
for the prevention of cruelty to animals or the police from enforcing
articles twenty-six and twenty-six-A of the agriculture and markets law
or any other law relating to the humane treatment of, or cruelty to,
animals, (b) limit or restrict any municipality from enacting or
enforcing any authorized local law, rule, regulation or ordinance of
general application to businesses governing public health, safety or the
rights of consumers, or (c) limit or restrict any municipality from
enacting or enforcing a local law, rule, regulation or ordinance
governing pet dealers, as such term is defined in this article,
including a law, rule, regulation or ordinance governing the health or
safety of animals acquired or maintained by pet dealers, the source of
animals sold or offered for sale by pet dealers, and the spay or neuter
of such animals; provided, however, that any such local law, rule,
regulation or ordinance shall be no less stringent than the applicable
provisions of this article and may not result in essentially banning all
sales of dogs or cats raised and maintained in a healthy and safe
manner. Where any penalty may be authorized for the violation of such a
local law, rule, regulation or ordinance, the authorized penalty in such
local law, rule, regulation or ordinance may not exceed a civil penalty
of up to five hundred dollars. Where a municipality adopts such a local
law, rule, regulation or ordinance that is more stringent than the
applicable provisions of this article, such municipality shall have sole
responsibility for enforcement of such law, rule, regulation or
ordinance that is more stringent than the applicable provisions of this
article.