senate Bill S5048

Relates to animal control and licensing of animals; makes various amendments to dog licensing laws in N.Y. city; establishes an animal population control fund; repea

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 07 / May / 2013
    • REFERRED TO CITIES
  • 08 / Jan / 2014
    • REFERRED TO CITIES
  • 20 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1692
  • 20 / Jun / 2014
    • SUBSTITUTED BY A2046

Summary

Relates to animal control and licensing of animals; relates to the better protection of lost and strayed animals and to securing the rights of owners thereof; relates to licensing of dogs in certain cities; relates to the animal population control fund.

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Bill Details

See Assembly Version of this Bill:
A2046
Versions:
S5048
Legislative Cycle:
2013-2014
Law Section:
New York City Administrative Code
Laws Affected:
Rpld §§1, 2, 2-a, 3, 3-a, 4, 8-a & 8-c, add §§1, 2, 3 & 4, ren §8-b to be §8-a, amd §§8, 8-a, 9 & 13, Chap 115 of 1894; amd §17-812, NYC Ad Cd
Versions Introduced in Previous Legislative Cycles:
2011-2012: S7667, A5950B
2009-2010: A406, A406
2007-2008: A8032A, A8032A

Sponsor Memo

BILL NUMBER:S5048

TITLE OF BILL: An act to amend chapter 115 of the laws of 1894,
relating to the better protection of lost and strayed animals and for
securing the rights of owners thereof, in relation to licensing of
dogs in a certain city; to amend the administrative code of the city
of New York, in relation to the animal population control fund; and to
repeal certain provisions of chapter 115 of the laws of 1894, relating
to the better protection of lost or strayed animals and for securing
the rights of owners thereof, relating to licensing of dogs in a
certain city

PURPOSE: To improve and clarify the law related to licensing of dogs
in New York City and to give the City greater local control over
licensure and the associated fees.

SUMMARY OF PROVISIONS:

Section 1 of the bill repeals sections 1, 2, 2-a, 3, 3-a, and 4 of
chapter 115 of the laws of 1894 and replaces them with four new
sections 1, 2, 3, and 4.

The repealed section 1 of chapter 115 requires dogs to be licensed in
cities with a population of two million or more, sets the base fee at
$8 40, with an additional fee for unsterilized dogs, with an exemption
from the additional fee if the life of the dog would be endangered by
sterilization.

The repealed section 2 of chapter 115 sets the term of licenses at one
year and requires renewal each year.

The repealed section 2-a of chapter 115 sets a fee of $2.00 for late
renewal of licenses

The repealed section 3 of chapter 115 requires certificates of license
or renewal to state the name and address of person who obtained the
license and the number of the license.

The repealed section 3-a of chapter 115 sets the additional fee for
unsterilized dogs at the greater of $3.00 or an amount set by the New
York City Council or the New York City Board of Health, and requires
that the additional fees be deposited in the City's animal population
control fund.

The repealed section 4 of chapter 115 requires every licensed dog to
wear a collar with a license tag.

The new section 1 of chapter 115 specifies that the chapter applies in
New York City.

The new section 2 of chapter 115 requires that dogs be licensed and
makes various provisions related to license applications and fees.
Subdivision 1 of the new section 2 of chapter 115 requires dogs to be
licensed, requires the applicant for a license to provide information
and authorizes the City health commissioner to require proof of rabies
vaccination with the application.


Subdivision 2 of the new section 2 of chapter 115 sets the term at one
year or a longer amount of time that may be set by the City health
commissioner.

Subdivision 3 of the new section 2 of chapter 115 permits New York
City to set fees for licenses by local law, with an additional fee for
licensing unsterilized dogs to be at least 85 percent of the base fee
applicable to licensing all dogs.

Subdivision 4 of the new section 2 of chapter 115 requires that the
additional fees for licensing unsterilized dogs be deposited in the
City's animal population control fund.

Subdivision 5 of the new section 2 of chapter 115 requires that fees
for a period greater than one year be prorated.

Subdivision 6 of the new section 2 of chapter 115 authorizes the City
to set a fee by local law for late renewal of licenses at no more than
20 percent of the base fee for a license.

Subdivision 7 of the new section 2 of chapter 115 requires applicants
for licenses to be notified that they may submit, along with the
license fees, a contribution to help fund low-cost sterilization
services.

Subdivision 8 of the new section 2 of chapter 115 requires the City to
forward 10 cents front the fee for each license to the State
commissioner of agriculture, to be used to fund research into diseases
of dogs and viruses that Affect people and animals This subdivision
replaces section 8-a of chapter 115, which is repealed by section 3 of
the bill, as indicated below.

Subdivision 9 of the new section 2 of chapter 115 specifies that
license fees shall not be based in whole or part on the breed of the
dog.

The new section 3 of chapter 115 makes provisions related to
violations of the licensing requirement

Subdivision 1 of the new section 3 of chapter 115 provides for a fine
of $75 for an unlicensed dog and $100 for a second offense within 5
years.

Subdivision 2 of the new section 3 of chapter 115 provides that a
violation for an unlicensed dog may not be issued to a person in the
course of obtaining or renewing a license, and provides for a defense
if a person issued a violation has applied for a license but not yet
received it or if a previously valid license has been expired for 30
days or less.

Subdivision 3 of the new section 3 of chapter 115 provides that
three-quarters of the amount paid in fines for violations of the
license requirement shall be deposited in the City's animal population
control fund and that the remainder shall be used solely for
activities related to animal care and control.


The new section 4 of chapter 115 makes provisions related to issuance
of licenses, license tags, and renewals.

Subdivision 1 of the new section 4 of chapter 115 requires the City to
supply certificates of license or renewal. Subdivision 2 of the new
section 4 of chapter 115 requires every licensed dog to wear a collar
with a license tag supplied by the City, requires the City to notify
the recipient of each tag of the penalty for using it for a dog other
than the one for which it was issued, permits the City to issue
optional specialty tags for an additional price, and permits the City
require a tag indicating that a rabies vaccination has been
administered.

Subdivision 3 of the new section 4 of chapter 115 permits the City to
issue replacements for lost tags, for a fee equal to the cost of
replacement.

Subdivision 4 of the new section 4 of chapter 115 provides for the
City to notify licensees 30 days before a license will expire

Section 2 of the bill amends section 8 of chapter 115 of the laws of
1894 to give primary responsibility for carrying out its provisions to
the City health department rather than the American Society for the
Prevention of Cruelty to Animals (ASPCA), and to make technical
changes.

Section 3 of the bill repeals sections 8-a and 8-c of chapter 115 of
the laws of 1894, amends section 8-b, and renumbers section 8-b as
section 8-a.

The repealed section 8-a of chapter 115 requires the City to forward
10 cents from the fee for each license-to the State commissioner of
agriculture, to be used to fund research into diseases of dogs and
viruses that affect people and animals. This repealed section is
replaced by subdivision 8 of the new section 2 of chapter 115, as
indicated above. The repealed section 8-c of chapter 115 sets forth
various now-moot provisions related to the relationship between the
ASPCA and the City.

The newly renumbered section 8-a of chapter 115 is amended to clarify
that certain entities that give a dog to a New York City resident in
the city are required to ensure the recipient of the dog submit a
license application. The amendments also expand the range of people or
entities the City may designate to process dog license applications on
its behalf, to include, for example, those who provide care,
treatment, services, or merchandise for animals, and increases the
compensation such outside entities may receive from the current $1.00
per application to a new amount set at 10 percent of the application
fees

Section 4 of the bill amends section 9 of chapter 115 of the laws of
1894 to remove a provision that subjects any person who has a dog
without complying with the licensing requirements to a charge of
disorderly conduct and a fine of up to $10.00 or 10 days in prison.
(The new section 3 of chapter 115, added by this bill as indicated
above, creates new provisions related to violations of the licensing
requirement.) Section 9 is also amended to make certain other


violations of the law returnable to the City's Environmental Control
Board or Health Tribunal and to make technical changes.

Section 5 of the bill amends section 13 of chapter 115 of the laws of
1894 to provide for an exemption from New York City's dog licensing
requirements for non-residents of New York City, those who reside in
the city temporarily or who recently arrived, organizations that
shelter and care for animals, boarding kennels, grooming parlors,
salons, pet shops, training. establishments, and similar businesses.
The amended section 13 also provides an exemption from the license
fees for guide dogs, hearing dogs, service dogs, and police work dogs.

Section 6 of the bill amends section 17-812 of the administrative code
of the city of New York to make it conform with the new and renumbered
provisions of chapter 115 of the laws of 1894 as amended by this bill

Section 7 of the bill sets forth the effective date.

JUSTIFICATION: The State law that requires dogs in New York City to
be licensed and provides for license fees, issuance, and enforcement
has become outdated and doesn't provide for an appropriate level of
discretion and home rule, making licensure burdensome for both the
City and those with dogs that need to be licensed.

While the law specifies that license fees are intended to defray the
costs of the City's animal control program, most of the current fees
were set many decades ago and no longer cover even the cost of issuing
the licenses. (The existing law specifies a set amount for most fees
related to licenses, granting the City the option of increasing the.
amount of just one fee, the surcharge applicants must pay to license
an unsterilized dog.) The City is currently undertaking an effort to
protect public health and improve animal care by increasing public
awareness of the licensing requirements, and increasing shelter
services, hours of operation, field services, and adoption services,
with the expanded services being phased in between 2011 and 2014. The
ability to set reasonable fees by local law, as this bill would
provide, would help the City implement these changes effectively. The
bill also imposes certain parameters for setting the fees, to ensure
fairness and to achieve certain policy objectives.

Current law permits private entities, such as pet shops, to issue
licenses on behalf of the City, but authorizes them to receive only
$1.00 per license for providing the service. As a result, virtually
the only licenses issued privately are those mandated to be issued by
shelters and other animal organizations to adopted animals. This bill
would rectify this problem by authorizing a private dog license
provider to receive 10 percent of the total fees. The bill also
expands the range of entities that may be authorized by the City to
process applications.

Under the existing law, an applicant for a dog license must pay must
submit notarized proof that the dog has been sterilized in order to
avoid paying the surcharge applicable to an unsterilized dog. Given
this administrative burden, many people simply avoid licensing their
dogs. This bill would allow self-certification by applicants that
their dog has been sterilized, simplifying the application and
enabling online licensing. The bill also authorizes the City to


require proof of rabies vaccination with license applications and to
mandate that dogs wear a tag indicating they've been vaccinated.

The current law provides for seizure of a dog without a license but
provides no authority to issue a notice of violation or a fine. This
bill would establish notices of violation and fines to promote
compliance with the license requirements. It would also clarify and
expand the range of exemptions from the license requirements so that
people are not charged and fined unreasonably.

LEGISLATIVE HISTORY: 2012: A05950B (Kavanagh) - Agriculture 2011:
A05950 (Kavanagh) - Agriculture/S7667 (Rules)- Rules

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it shall have become a law, provided that upon the repeal of sections
1, 2, 2-a, 3, 3-a and 4 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 thereof, 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; and provided further that such licenses
shall be renewable pursuant to the new provisions added by section one
of this act; and provided further that upon the repeal of sections 1,
2, a-a, 3, 3-a and 4 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 thereof, any license or renewal fees previously
authorized and in effect pursuant to such sections as of the date this
act takes effect shall remain in effect until new fees shall be
adopted and take effect pursuant to local law enacted in accordance
with this act; and provided further that notices of violation may not
be issued pursuant to section three of chapter 115 of the laws of
1894, relating to better protection of lost and strayed animals and
for securing the rights of owners thereof, until the one hundred
twentieth day after this act shall have become a law.

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

                                  5048

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend chapter 115 of the laws of 1894, relating to the  better
  protection  of lost and strayed animals and for securing the rights of
  owners thereof, in relation to licensing of dogs in a certain city; to
  amend the administrative code of the city of New York, in relation  to
  the  animal  population control fund; and to repeal certain provisions
  of chapter 115 of the laws of 1894, relating to the better  protection
  of lost or strayed animals and for securing the rights of owners ther-
  eof, relating to licensing of dogs in a certain city

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

  Section 1. Sections 1, 2, 2-a, 3, 3-a and 4 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 thereof, are REPEALED and four new
sections 1, 2, 3 and 4 are added to read as follows:
  SECTION  1.  THE PROVISIONS OF THIS ACT SHALL APPLY IN THE CITY OF NEW
YORK.
  S 2. (1) EVERY PERSON WHO OWNS OR HARBORS ONE OR MORE DOGS WITHIN  THE
CORPORATE  LIMITS  OF SUCH CITY, SHALL PROCURE A LICENSE FOR EACH DOG AS
PROVIDED IN THIS ACT. IN APPLYING FOR  SUCH  LICENSE  TO  BE  ISSUED  OR
RENEWED,  THE  APPLICANT  SHALL PROVIDE IN WRITING THE NAME, SEX, BREED,
AGE, COLOR AND MARKINGS OF THE DOG  FOR  WHICH  THE  LICENSE  IS  TO  BE
PROCURED OR RENEWED AND SUCH INFORMATION THAT THE COMMISSIONER OF HEALTH
AND  MENTAL HYGIENE OF SUCH CITY DEEMS NECESSARY TO NOTIFY THE APPLICANT
WHEN THE LICENSE IS DUE TO BE RENEWED OR TO CONTACT THE APPLICANT IN THE
EVENT THE DOG IS FOUND AFTER BECOMING LOST OR STRAYED. SUCH COMMISSIONER
MAY ISSUE RULES REQUIRING PROOF OF RABIES VACCINATION, OR AN AFFIRMATION
THAT SUCH VACCINE HAS BEEN ADMINISTERED, AS PART OF THE APPLICATION  FOR
SUCH LICENSE TO BE ISSUED OR RENEWED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03124-01-3

S. 5048                             2

  (2)  LICENSES  ISSUED  OR  RENEWED UNDER THIS ACT SHALL BE VALID FOR A
TERM OF ONE YEAR OR, PURSUANT TO RULES ISSUED BY SUCH COMMISSIONER,  FOR
A PERIOD GREATER THAN ONE YEAR.
  (3)  THE  FEES FOR A LICENSE ISSUED OR RENEWED UNDER THIS ACT SHALL BE
SET BY LOCAL LAW, SUBJECT TO THE PROVISIONS OF THIS  SUBDIVISION.  THERE
SHALL  BE  A BASE FEE FOR A LICENSE TO BE ISSUED OR RENEWED FOR ANY DOG.
THERE SHALL BE AN ADDITIONAL FEE FOR A LICENSE TO BE ISSUED  OR  RENEWED
FOR  A NON-STERILIZED DOG. THE AMOUNT OF SUCH ADDITIONAL FEE SHALL BE AT
LEAST EIGHTY-FIVE PERCENT OF THE AMOUNT  OF  THE  BASE  FEE.  APPLICANTS
SHALL PAY THE ADDITIONAL FEE UNLESS THEIR APPLICATION IS ACCOMPANIED BY:
(I) A STATEMENT SIGNED BY A LICENSED VETERINARIAN PROVIDING THAT THE DOG
HAS  BEEN  STERILIZED OR THAT SUCH VETERINARIAN HAS EXAMINED THE DOG AND
FOUND THAT BECAUSE OF OLD AGE OR OTHER PERMANENT MEDICAL CONDITION,  THE
LIFE  OF  THE DOG WOULD BE ENDANGERED BY STERILIZATION, OR (II) A STATE-
MENT, APPROVED AS TO FORM BY  SUCH  COMMISSIONER  AND  AFFIRMED  BY  THE
APPLICANT, THAT THE DOG HAS BEEN STERILIZED.
  (4)  THE AMOUNT COLLECTED FOR THE ADDITIONAL FEE CHARGED FOR A LICENSE
TO BE ISSUED OR RENEWED FOR AN UNSTERILIZED DOG AS PROVIDED IN  SUBDIVI-
SION  THREE  OF  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.
  (5)  WHEN  A  LICENSE  IS  ISSUED OR RENEWED FOR A TERM OTHER THAN ONE
YEAR, THE FEES SHALL BE A PRORATED AMOUNT OF THE FEES PER  YEAR  SET  AS
PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
  (6) ANY PERSON WHO FAILS TO RENEW A LICENSE PRIOR TO ITS DATE OF EXPI-
RATION MAY BE REQUIRED TO PAY A LATE FEE UPON RENEWAL OF A LICENSE, WITH
THE  AMOUNT  OF  SUCH LATE FEE SET BY LOCAL LAW. SUCH AMOUNT SHALL BE NO
MORE THAN TWENTY PERCENT OF THE AMOUNT OF THE BASE FEE FOR A LICENSE  TO
BE ISSUED OR RENEWED AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
  (7)  THE  APPLICATION  FOR  A LICENSE TO BE ISSUED OR RENEWED SHALL BE
ACCOMPANIED BY A STATEMENT AS PRESCRIBED BY SUCH COMMISSIONER, NOTIFYING
THE APPLICANT THAT HE OR SHE MAY SUBMIT, ALONG WITH THE FEES REQUIRED BY
THIS SECTION, AN ADDITIONAL AMOUNT TO BE UTILIZED  FOR  THE  PURPOSE  OF
FUNDING  LOW-COST  STERILIZATION  SERVICES  FROM  THE  ANIMAL POPULATION
CONTROL FUND CREATED PURSUANT TO SECTION 17-812  OF  THE  ADMINISTRATIVE
CODE  OF  THE CITY OF NEW YORK. ANY ADDITIONAL AMOUNT SUBMITTED PURSUANT
TO THIS SUBDIVISION SHALL BE DEPOSITED IN SUCH FUND.
  (8) FROM THE FEES COLLECTED PURSUANT TO THIS ACT FOR EACH DOG  LICENSE
ISSUED  OR  RENEWED,  THE SUM OF TEN CENTS ANNUALLY FOR THE TERM OF SUCH
LICENSE SHALL BE REMITTED BY SUCH CITY TO THE COMMISSIONER  OF  AGRICUL-
TURE AND MARKETS ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, WITH SUCH
SUM TO BE USED TO FUND RESEARCH INTO DISEASES OF DOGS AND THE SEARCH FOR
AND THE STUDY OF VIRUSES THAT AFFECT PEOPLE AND ANIMALS.
  (9)  THE  AMOUNT OF ANY FEE CHARGED PURSUANT  TO THIS ACT SHALL NOT BE
BASED IN WHOLE OR PART ON THE BREED OF THE DOG.
  S 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 COMMIS-
SIONER OF HEALTH AND MENTAL HYGIENE OR SUCH CITY, WHEN SUCH  OFFICER  OR

S. 5048                             3

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.
  S 4. (1) WITH EACH LICENSE ISSUED  OR  RENEWED  UNDER  THIS  ACT,  THE
DEPARTMENT  OF  HEALTH  AND MENTAL HYGIENE OF SUCH CITY SHALL SUPPLY THE
APPLICANT WITH A CERTIFICATE OF LICENSE OR RENEWAL STATING THE NAME  AND
ADDRESS  OF  THE  OWNER  OF  THE  DOG  AND THE NUMBER OF SUCH LICENSE OR
RENEWAL.
  (2) EVERY DOG LICENSED UNDER THIS ACT SHALL,  AT  ALL  TIMES,  HAVE  A
COLLAR ABOUT ITS NECK WITH A TAG MADE OF METAL OR OTHER DURABLE MATERIAL
ATTACHED  THERETO,  BEARING THE NUMBER OF THE LICENSE. SUCH TAG SHALL BE
SUPPLIED TO THE OWNER BY SUCH DEPARTMENT. SUCH DEPARTMENT SHALL  PROVIDE
NOTICE  WITH  EACH SUCH TAG THAT ANYONE WHO SHALL USE A LICENSE TAG ON A
DOG FOR WHICH IT WAS NOT ISSUED SHALL BE DEEMED GUILTY OF A  MISDEMEANOR
AS  PROVIDED  IN  SECTION  NINE  OF  THIS ACT. NOTHING IN THIS ACT SHALL
PREVENT SUCH DEPARTMENT FROM ISSUING SPECIALTY TAGS WHICH, FOR AN  ADDI-
TIONAL  COST SET BY LOCAL LAW, OWNERS MAY PURCHASE IN LIEU OF THE STAND-
ARD TAGS ISSUED PURSUANT TO THIS SECTION.   THE COMMISSIONER  OF  HEALTH
AND  MENTAL  HYGIENE  OF  SUCH  CITY MAY ISSUE RULES REQUIRING THAT DOGS
LICENSED UNDER THIS ACT SHALL HAVE ATTACHED TO SUCH COLLAR A  TAG  INDI-
CATING THAT A RABIES VACCINATION HAS BEEN ADMINISTERED.
  (3)  SUCH DEPARTMENT MAY ISSUE REPLACEMENTS FOR TAGS THAT ARE LOST AND
MAY REQUIRE REASONABLE PROOF OF LOSS OF THE ORIGINAL AND  PAYMENT  OF  A
SUM, SET BY LOCAL LAW, EQUAL TO THE COST OF REPLACEMENT.
  (4) ON OR ABOUT THE THIRTIETH DAY BEFORE THE END OF THE TERM FOR WHICH
A  LICENSE ISSUED OR RENEWED UNDER THIS ACT SHALL BE VALID, SUCH DEPART-
MENT SHALL NOTIFY THE LICENSEE BY MAIL OR OTHER MEANS, USING THE CONTACT
INFORMATION PROVIDED PURSUANT TO SUBDIVISION ONE OF SECTION TWO OF  THIS
ACT,  OF  THE DATE BY WHICH RENEWAL IS REQUIRED, THE MANNER IN WHICH THE
LICENSEE MAY APPLY FOR RENEWAL, THE FEES  ASSOCIATED  WITH  ON-TIME  AND
LATE  RENEWAL  RESPECTIVELY, AND THE PENALTIES TO WHICH THE LICENSEE MAY
BE SUBJECT UNDER SECTION THREE OF THIS ACT IN THE EVENT HE OR SHE  FAILS
TO RENEW SUCH LICENSE.
  S  2.  Section  8  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 thereof, is amended to read as follows:

S. 5048                             4

  S  8.  The [American society for the prevention of cruelty to animals]
DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF SUCH CITY is hereby empowered
and authorized to carry out the provisions of this act,  and  [the  said
society]  SUCH  DEPARTMENT  is  further  authorized  to  issue AND RENEW
licenses  [and  renewals], and to collect the fees [for such,] SET FORTH
IN THIS ACT OR OTHERWISE ESTABLISHED as [is herein]  prescribed[,  which
fees  are  to]  IN  THIS  ACT.  SUCH FEES, EXCLUDING THE ADDITIONAL FEES
CHARGED FOR LICENSES TO BE  ISSUED  OR  RENEWED  FOR  UNSTERILIZED  DOGS
PURSUANT TO SUBDIVISION THREE OF SECTION TWO OF THIS ACT AND THE AMOUNTS
SPECIFIED IN SUBDIVISION EIGHT OF SECTION TWO OF THIS ACT, SHALL be used
[by  said  society  towards defraying the] TO DEFRAY SUCH CITY'S cost of
carrying out the provisions of this act  [and  mainatining  a  shelter],
ESTABLISHING,  MAINTAINING,  OR  FUNDING  SHELTERS  for lost, strayed or
homeless animals, AND PROVIDING OR FUNDING  PUBLIC  EDUCATION  REGARDING
RESPONSIBLE ANIMAL CARE AND DOG LICENSING REQUIREMENTS.
  S 3. Sections 8-a and 8-c 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 thereof, are REPEALED and section 8-b, as added  by
chapter  152  of the laws of 1971, is renumbered 8-a and amended to read
as follows:
  S 8-a. (1) No person holding  a  permit  issued  pursuant  to  section
161.09  of the New York city health code OR A LICENSE ISSUED PURSUANT TO
ARTICLE 26-A OF THE AGRICULTURE AND MARKETS LAW shall sell  OR  TRANSFER
OWNERSHIP OF a dog IN SUCH CITY without first requiring the purchaser OR
OTHER  NEW  OWNER  to submit an application for a dog license and to pay
all required fees, unless  such  purchaser  OR  OTHER  NEW  OWNER  shall
execute and submit to such seller OR TRANSFEROR a written statement that
the  dog  to be purchased OR TRANSFERRED is to be harbored outside [the]
SUCH city. Such applications and written statements shall  be  on  forms
furnished  by  the  [society] DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF
SUCH CITY and shall, within ten days after execution by a  purchaser  OR
OTHER NEW OWNER, be forwarded by the seller OR TRANSFEROR to [the socie-
ty] SUCH DEPARTMENT.
  (2)  Any  seller  OR  TRANSFEROR processing an application pursuant to
SUBDIVISION ONE OR THREE OF this section shall, on or before  the  tenth
day  of the month next succeeding the month in which collected, remit to
[the society] SUCH DEPARTMENT the amount of  fees  collected  less  [one
dollar]  TEN  PERCENT OF THE BASE FEES SET PURSUANT TO SUBDIVISION THREE
OF SECTION TWO OF THIS ACT for each application processed.
  (3) THE COMMISSIONER OF HEALTH AND MENTAL HYGIENE  OF  SUCH  CITY  MAY
DESIGNATE  ANY  OTHER  PERSON  OR ENTITY, INCLUDING BUT NOT LIMITED TO A
PERSON OR ENTITY WHO PROVIDES CARE, TREATMENT, SERVICES, OR  MERCHANDISE
FOR ANIMALS, TO PROCESS APPLICATIONS FOR DOG LICENSES, COLLECT FEES, AND
REMIT  THE AMOUNT OF FEES COLLECTED LESS TEN PERCENT OF SUCH BASE FEE IN
ACCORDANCE  WITH  THIS  SECTION  AND  OTHERWISE  CONSISTENT   WITH   THE
PROVISIONS OF THIS ACT.
  S  4.  Section  9  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 thereof, as amended by section 32 of part T of chapter
59 of the laws of 2010, is amended to read as follows:
  S 9. Any person or persons, who shall hinder or  molest  or  interfere
with any officer or agent of [said society] THE DEPARTMENT OF HEALTH AND
MENTAL  HYGIENE  OF SUCH CITY in the performance of any duty enjoined by
this act, 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 act shall be

S. 5048                             5

deemed  guilty of disorderly conduct, and upon conviction thereof before
any magistrate shall be fined for such offense any sum not exceeding ten
dollars, and in default of payment of such  fine  may  be  committed  to
prison  by such magistrate until the same be paid, but such imprisonment
shall not exceed ten days.] Any person who for the  purpose  of  partic-
ipating  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 dog or cat protec-
tive association or who shall furnish any licensed veterinarian of  this
state with inaccurate information concerning his or her residency or the
ownership  of  an  animal or such person's authority to submit an animal
for a [spaying or neutering] STERILIZATION procedure established  pursu-
ant to section 17-812 of the administrative code of the city of New York
and  any  veterinarian who shall furnish false information concerning an
animal sterilization fee schedule or an animal sterilization certificate
shall be guilty of a violation punishable by a fine of not more than two
hundred fifty dollars where prosecuted pursuant to  the  penal  law,  or
where  prosecuted  as  an  action to recover a civil penalty of not more
than two hundred fifty dollars.   NOTICES OF  VIOLATION  MAY  BE  ISSUED
PURSUANT TO THIS ACT BY ANY OFFICER OR AGENT OF THE DEPARTMENT OF HEALTH
AND  MENTAL  HYGIENE  OF SUCH CITY, OR ANY OTHER AGENCY OR ENTITY DESIG-
NATED BY THE COMMISSIONER OF HEALTH AND MENTAL HYGIENE OF SUCH CITY, AND
SUCH NOTICES OF VIOLATION  SHALL  BE  RETURNABLE  TO  THE  ENVIRONMENTAL
CONTROL  BOARD OR TO THE HEALTH TRIBUNAL OF THE OFFICE OF ADMINISTRATIVE
TRIALS AND HEARINGS OF THE CITY OF NEW YORK.
  S 5. Section 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 thereof, as renumbered by chapter 179 of  the  laws  of
1987, is amended to read as follows:
  S  13.  [None  of the provisions of this act shall apply to dogs owned
by] (1) AN EXEMPTION FROM THE DOG LICENSING  REQUIREMENTS  OF  THIS  ACT
SHALL  BE  PROVIDED  FOR THE FOLLOWING PERSONS, ORGANIZATIONS, AND BUSI-
NESSES:
  (A) INDIVIDUALS WHO ARE non-residents [passing through  the]  OF  SUCH
city, [nor to dogs brought to the city and entered for exhibition at any
dog  show] OR WHO ARE TEMPORARILY RESIDING IN SUCH CITY FOR A PERIOD NOT
TO EXCEED THIRTY DAYS;
  (B) INDIVIDUALS FOR THE FIRST THIRTY DAYS AFTER BECOMING A RESIDENT OF
SUCH CITY; AND
  (C) 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.
  (2)  An exemption from the dog license fees of section two of this act
shall be provided for guide dogs, hearing dogs, service dogs  or  police
work  dogs,  as such terms are defined in section 108 of the agriculture
and markets law.
  S 6. Subdivision 2 of section 17-812 of the administrative code of the
city of New York, as added by section 28 of part T of chapter 59 of  the
laws of 2010, is amended to read as follows:
  2.  Such  fund  shall  consist of all moneys collected from the animal
population control program established pursuant  to  section  17-811  of
this  chapter [and], ALL MONEYS COLLECTED FOR THE ADDITIONAL FEE CHARGED

S. 5048                             6

FOR A LICENSE TO BE ISSUED OR RENEWED FOR AN UNSTERILIZED  DOG  PURSUANT
TO  SUBDIVISION  THREE  OF  section [three-a] TWO of chapter one hundred
fifteen of the laws of eighteen hundred ninety-four, THAT PORTION OF ANY
PENALTIES ASSESSED UNDER SECTION THREE OF SUCH CHAPTER DUE TO BE PAID TO
SUCH FUND, and all other moneys credited or transferred thereto from any
other fund or source pursuant to law.
  S  7.  This  act  shall take effect on the sixtieth day after it shall
have become a law, provided that upon the repeal of sections 1, 2,  2-a,
3,  3-a and 4 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  thereof,  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; and provided further that such licenses shall  be
renewable  pursuant  to  the new provisions added by section one of this
act; and provided further that upon the repeal of sections 1, 2, 2-a, 3,
3-a and 4 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 thereof, any license or renewal fees previously authorized and in
effect pursuant to such sections as of the date this  act  takes  effect
shall  remain  in effect until new fees shall be adopted and take effect
pursuant to local law enacted in accordance with this act; and  provided
further  that notices of violation may not be issued pursuant to section
three of chapter 115 of the laws of 1894, relating to better  protection
of lost and strayed animals and for securing the rights of owners there-
of, until the one hundred twentieth day after this act shall have become
a law.

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