Legislation
SECTION 3
No title
Lost and Strayed Animals 115/1894 (LSA) CHAPTER 115
§ 3. (1) Any person who is required to obtain or renew a dog license
pursuant to this act but fails to do so may be issued a notice of
violation, returnable to the environmental control board or health
tribunal of the office of administrative trials and hearings of the city
of New York, and may be subject to a civil penalty of not more than
seventy-five dollars for the first violation and no more than one
hundred dollars when such person was found to have violated this section
within the preceding five years. Such notice of violation may be issued
by any officer or agent of the department of health and mental hygiene
of such city, or any other agency or entity designated by the
commissioner of health and mental hygiene or such city, when such
officer or agent observes the dog for which such license has not been
obtained or renewed.
(2) Notwithstanding subdivision one of this section, such notice of
violation may not be issued to a person when such person is in the
course of obtaining or renewing a license for the dog for which the
notice of violation would be issued. It shall be an affirmative defense
to any such violation that: (i) the person required to obtain or renew a
dog license duly applied for such license or renewal prior to the date
of the violation but the department of health and mental hygiene of such
city had not issued or renewed such license; or (ii) such person had
previously procured a license that was valid for a term that ended not
more than thirty days before such notice of violation was issued and
such person duly applied for renewal of such license subsequent to such
notice of violation being issued.
(3) Three quarters of any amount paid as a penalty for a violation
pursuant to this section shall be forwarded to the city comptroller for
deposit in the animal population control fund created pursuant to
section 17-812 of the administrative code of the city of New York, and
the remainder shall be used solely for carrying out the provisions of
this act, establishing, maintaining, or funding shelters for lost,
strayed, or homeless animals, providing or funding public education
regarding responsible animal care and dog licensing requirements, and
conducting other animal care and control activities.
pursuant to this act but fails to do so may be issued a notice of
violation, returnable to the environmental control board or health
tribunal of the office of administrative trials and hearings of the city
of New York, and may be subject to a civil penalty of not more than
seventy-five dollars for the first violation and no more than one
hundred dollars when such person was found to have violated this section
within the preceding five years. Such notice of violation may be issued
by any officer or agent of the department of health and mental hygiene
of such city, or any other agency or entity designated by the
commissioner of health and mental hygiene or such city, when such
officer or agent observes the dog for which such license has not been
obtained or renewed.
(2) Notwithstanding subdivision one of this section, such notice of
violation may not be issued to a person when such person is in the
course of obtaining or renewing a license for the dog for which the
notice of violation would be issued. It shall be an affirmative defense
to any such violation that: (i) the person required to obtain or renew a
dog license duly applied for such license or renewal prior to the date
of the violation but the department of health and mental hygiene of such
city had not issued or renewed such license; or (ii) such person had
previously procured a license that was valid for a term that ended not
more than thirty days before such notice of violation was issued and
such person duly applied for renewal of such license subsequent to such
notice of violation being issued.
(3) Three quarters of any amount paid as a penalty for a violation
pursuant to this section shall be forwarded to the city comptroller for
deposit in the animal population control fund created pursuant to
section 17-812 of the administrative code of the city of New York, and
the remainder shall be used solely for carrying out the provisions of
this act, establishing, maintaining, or funding shelters for lost,
strayed, or homeless animals, providing or funding public education
regarding responsible animal care and dog licensing requirements, and
conducting other animal care and control activities.