Assembly Bill A5950B

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

                                  5950

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced  by  M. of A. KAVANAGH, GLICK, McENENY, MAGEE, ENGLEBRIGHT --
  Multi-Sponsored by -- M. of A. BING, BRENNAN, COOK,  DINOWITZ,  GALEF,
  MAYERSOHN,  MILLMAN,  ORTIZ,  PHEFFER,  WEISENBERG  --  read  once and
  referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets  law,  in  relation  to  the
  licensing  of dogs, to repeal certain provisions 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, in relation to
  licensing of dogs in certain cities and to  amend  the  administrative
  code  of  the  city of New York, in relation to establishing an animal
  population control fund

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

  Section  1.  Sections 1 through 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securing the rights of owners thereof, are REPEALED.
  S  2. The agriculture and markets law is amended by adding a new arti-
cle 26-C to read as follows:
                              ARTICLE 26-C
       DOG LICENSING IN CITIES WITH A POPULATION OVER TWO MILLION
SECTION 420. APPLICATION.
        421. DEFINITIONS.
        422. DOG LICENSING.
        423. STUDY OF DISEASES.
        424. DOG LICENSING RENEWALS.
        425. FAILURE TO LICENSE AND LATE RENEWAL OF LICENSE.
        426. EXEMPTIONS FROM DOG LICENSING.
        427. ISSUANCE OF  APPLICATION  FOR  LICENSE  PRIOR  TO  SALE  OR
               ADOPTION.
        428. ISSUANCE  OF  CERTIFICATES  OF  LICENSE  AND  TAGS  BEARING
               LICENSE NUMBER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01102-01-1
              

A. 5950                             2

        429. SEIZURE AND DISPOSITION OF DOGS.
        430. SEIZURE AND DISPOSITION OF CATS.
        431. REDEMPTION OF DOGS AND CATS.
        432. POWER TO ISSUE LICENSES AND ENFORCE ARTICLE.
        433. DOG ENUMERATION AND WAIVER OF FINES.
        434. ENFORCEMENT AND PENALTIES.
        435. POUND SEIZURE PROHIBITED.
        436. STANDARDS FOR HUMANE TREATMENT.
        437. COMPANION ANIMALS.
        438. USE OF DOG RUNS.
  S  420. APPLICATION. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ANY
CITY WITH A POPULATION OVER TWO MILLION.
  S 421. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "DEPARTMENT OF HEALTH" SHALL MEAN  THE  DEPARTMENT  OF  HEALTH  AND
MENTAL HYGIENE OF A CITY TO WHICH THIS ARTICLE APPLIES.
  2.  "ANIMAL  SHELTER"  OR  "SHELTER FOR HOMELESS ANIMALS" SHALL MEAN A
FACILITY LICENSED OR PERMITTED TO OPERATE  IN  A  CITY  WHERE  HOMELESS,
STRAYED,  ABANDONED  OR  UNWANTED  ANIMALS ARE RECEIVED, HARBORED, MAIN-
TAINED OR MADE AVAILABLE FOR ADOPTION TO THE GENERAL PUBLIC AND WHICH IS
OWNED, OPERATED OR MAINTAINED BY A  DULY  INCORPORATED  HUMANE  SOCIETY,
ANIMAL  WELFARE  SOCIETY,  SOCIETY  FOR  THE  PREVENTION  OF  CRUELTY TO
ANIMALS, OTHER ORGANIZATION DEVOTED TO THE  WELFARE,  PROTECTION,  CARE,
CONTROL OR HUMANE TREATMENT OF ANIMALS OR BY A CITY.
  3.  "PET  SHOP" SHALL MEAN A FACILITY LICENSED OR PERMITTED TO OPERATE
IN A CITY OTHER THAN AN ANIMAL SHELTER  WHERE  LIVE  ANIMALS  ARE  SOLD,
EXCHANGED,  BARTERED  OR  OFFERED FOR SALE AS PET ANIMALS TO THE GENERAL
PUBLIC AT RETAIL FOR PROFIT.
  4. "GROOMING PARLOR, SALON, BUSINESS OR ESTABLISHMENT"  SHALL  MEAN  A
FACILITY  LICENSED  OR  PERMITTED TO OPERATE IN A CITY WHERE ANIMALS ARE
PRESENTED BY THEIR OWNERS FOR BATHING,  CLIPPING,  DIPPING,  COMBING  OR
CLEANING  FOR  THE  PURPOSE  OF  IMPROVEMENT  OF THE ANIMAL'S APPEARANCE
AND/OR WELL-BEING IN RETURN FOR A FEE.
  5. "BOARDING KENNEL, BUSINESS OR ESTABLISHMENT" SHALL MEAN A  FACILITY
LICENSED  OR PERMITTED TO OPERATE IN A CITY OTHER THAN AN ANIMAL SHELTER
WHERE ANIMALS NOT OWNED BY THE PROPRIETOR ARE SHELTERED, HARBORED, MAIN-
TAINED, GROOMED, FED OR WATERED IN RETURN FOR A FEE.
  6. "TRAINING ESTABLISHMENT FOR SMALL ANIMALS" SHALL  MEAN  A  FACILITY
LICENSED  OR PERMITTED TO OPERATE IN A CITY WHERE SMALL ANIMALS, WHETHER
BELONGING TO THE OWNER OR EMPLOYEE OF SUCH FACILITY, ARE TRAINED FOR ANY
PURPOSE IN RETURN FOR A FEE.
  7. "CITY" SHALL MEAN ANY CITY WITH A POPULATION OVER TWO MILLION.
  S 422. DOG LICENSING. 1. EVERY PERSON WHO OWNS OR HARBORS ONE OR  MORE
DOGS  WITHIN  THE  CORPORATE  LIMITS  OF  A CITY, SHALL PROCURE A YEARLY
LICENSE AND PAY THE SUM OF SEVEN DOLLARS AND FORTY CENTS, PLUS A TAG FEE
OF ONE DOLLAR, FOR EACH DOG AS HEREINAFTER PROVIDED; AND IN APPLYING FOR
SUCH LICENSE, OR ANY RENEWAL UNDER SECTION FOUR HUNDRED  TWENTY-FOUR  OF
THIS  ARTICLE,  THE  OWNER  SHALL STATE IN WRITING THE NAME, SEX, BREED,
AGE, COLOR AND MARKINGS OF THE DOG, FOR  WHICH  THE  LICENSE  IS  TO  BE
PROCURED.
  2.   THE  FEES  SET  FORTH  IN  THIS  SECTION,  SECTION  FOUR  HUNDRED
TWENTY-FOUR, SECTION FOUR HUNDRED TWENTY-FIVE AND SECTION  FOUR  HUNDRED
TWENTY-SEVEN OF THIS ARTICLE MAY BE CHANGED BY LOCAL LAW OR ORDINANCE IN
ANY  CITY TO WHICH THIS ARTICLE APPLIES, PROVIDED THAT THE TOTAL FEE FOR
AN UNSPAYED OR UNNEUTERED DOG SHALL BE AT LEAST FIVE DOLLARS  MORE  THAN
THE  TOTAL  FEE  FOR  A  SPAYED  OR  NEUTERED  DOG.  NOTWITHSTANDING THE

A. 5950                             3

PROVISIONS OF THIS SECTION, DOG LICENSE FEES SHALL  NOT  BE  ESTABLISHED
BASED IN WHOLE OR PART ON THE BREED OF DOG OWNED.
  3.  IN ADDITION TO THE FEE CHARGED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, ANY PERSON APPLYING FOR A DOG LICENSE SHALL PAY  AN  ADDITIONAL
FEE  OF  THREE  DOLLARS ANNUALLY FOR ANY DOG FOUR MONTHS OF AGE OR OLDER
WHICH HAS NOT BEEN SPAYED OR NEUTERED UNLESS AN OWNER PRESENTS WITH  THE
LICENSE  APPLICATION  A  CERTIFIED  STATEMENT BY A LICENSED VETERINARIAN
THAT HE OR SHE HAS EXAMINED THE DOG AND FOUND THAT BECAUSE OF OLD AGE OR
OTHER FACTORS, THE LIFE OF THE DOG WOULD BE  ENDANGERED  BY  SPAYING  OR
NEUTERING.  ALL FEES COLLECTED PURSUANT TO THE PROVISIONS OF THIS SUBDI-
VISION  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.
  4. FOR DOGS THREE MONTHS OF AGE OR OLDER, OR IN ACCORDANCE WITH  REGU-
LATIONS  ESTABLISHED  BY  THE  BOARD  OF HEALTH OF THE CITY, THE LICENSE
APPLICATION SHALL BE ACCOMPANIED BY PROOF OF  A  CURRENT  RABIES  INOCU-
LATION  AND,  IN  THE  CASE  OF  A SPAYED OR NEUTERED DOG, A CERTIFICATE
SIGNED BY A LICENSED VETERINARIAN SHOWING THAT THE DOG HAS  BEEN  SPAYED
OR  NEUTERED.  IN  LIEU OF THE SPAY OR NEUTER CERTIFICATE, THE OWNER MAY
PRESENT A CERTIFIED STATEMENT BY A LICENSED VETERINARIAN THAT HE OR  SHE
HAS EXAMINED THE DOG AND FOUND THAT BECAUSE OF OLD AGE OR OTHER FACTORS,
THE  LIFE  OF  THE  DOG WOULD BE ENDANGERED BY SPAYING OR NEUTERING OR A
STATEMENT BY THE OWNER, IN ACCORDANCE WITH THE RULES OF  THE  DEPARTMENT
OF HEALTH, INDICATING THAT THE DOG HAS BEEN SPAYED OR NEUTERED, THE DATE
OF  SUCH  PROCEDURE  AND  THE NAME OF THE VETERINARIAN WHO PERFORMED THE
PROCEDURE.
  5. THE APPLICATION FOR A LICENSE SHALL BE ACCOMPANIED BY  A  STATEMENT
AS  PRESCRIBED BY THE DEPARTMENT OF HEALTH, NOTIFYING THE APPLICANT THAT
HE OR SHE MAY SUBMIT, ALONG  WITH  THE  LICENSE  FEE  REQUIRED  BY  THIS
SECTION, AN ADDITIONAL AMOUNT OF ANY DENOMINATION TO BE UTILIZED FOR THE
PURPOSE  OF  EITHER  FUNDING LOW-COST SPAY AND NEUTER SERVICES UNDER THE
ANIMAL POPULATION CONTROL FUND CREATED PURSUANT TO SECTION 17-812 OF THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK OR DEFRAYING  THE  COSTS  OF
PROVIDING  SHELTER  AND  MEDICAL  CARE  FOR HOMELESS, STRAY AND UNWANTED
ANIMALS IN THE CITY.
  6. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE DEPARTMENT
OF HEALTH MAY, IN ORDER TO IMPLEMENT A  SYSTEM  BY  WHICH  LICENSES  ARE
ISSUED  FOR THE SAME CALENDAR PERIOD, ISSUE LICENSES OR RENEWALS THEREOF
FOR A PERIOD GREATER  THAN  TWELVE  MONTHS  AND  LESS  THAN  TWENTY-FOUR
MONTHS. IN THAT EVENT, THE PARTIAL YEAR COST OF THE LICENSE FEE SHALL BE
COMPUTED BASED UPON A PRO-RATED MONTHLY VALUE OF THE AMOUNTS PURSUANT TO
THIS  SECTION  AND  SECTIONS  FOUR HUNDRED TWENTY-THREE AND FOUR HUNDRED
TWENTY-FOUR OF THIS ARTICLE. IN THE EVENT THAT SUCH LICENSE IS IN EFFECT
FOR ANY PARTIAL MONTH PERIOD, IT SHALL BE DEEMED TO HAVE BEEN IN  EFFECT
FOR THE ENTIRE MONTH FOR PURPOSES OF COMPUTING SUCH MULTI-YEAR FEE.
  7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE DEPARTMENT
OF  HEALTH  MAY  IMPLEMENT  A  SYSTEM BY WHICH LICENSES ARE ISSUED FOR A
PERIOD GREATER THAN  TWELVE  MONTHS  AND  NOT  GREATER  THAN  THIRTY-SIX
MONTHS.  THE  FEES  FOR SUCH LICENSES SHALL BE SET BY LOCAL LAW OR ORDI-
NANCE.
  S 423. STUDY OF DISEASES. 1. THE LEGISLATURE FINDS AND  DECLARES  THAT
THE  STUDY OF DISEASES OF DOGS IS OF VITAL IMPORTANCE TO HELP IN CURBING
THE SPREAD OF DISEASE AND IN PROMOTING THE HEALTH  AND  WELFARE  OF  THE
PEOPLE  OF  THE  STATE;  THAT THE RESEARCH INTO DISEASES OF DOGS AND THE
SEARCH FOR AND THE STUDY OF VIRUSES THAT AFFECT PEOPLE AND  ANIMALS  CAN
BE  OF INVALUABLE ASSISTANCE IN PREVENTING AND CURING DISEASE GENERALLY;

A. 5950                             4

AND THAT FUNDS FOR SUCH RESEARCH AND STUDIES SHOULD  BE  MADE  AVAILABLE
FROM THE ANNUAL FEES FOR LICENSING OF DOGS.
  2.  FROM EACH DOG LICENSE FEE COLLECTED PURSUANT TO SUBDIVISION ONE OF
SECTION  FOUR  HUNDRED  TWENTY-TWO  OF THIS ARTICLE AND EACH RENEWAL FEE
PURSUANT TO SECTION FOUR HUNDRED TWENTY-FOUR OF THIS ARTICLE THERE SHALL
BE DEDUCTED THE SUM OF TEN CENTS ANNUALLY WHICH SHALL BE REMITTED BY THE
DEPARTMENT OF HEALTH TO THE COMMISSIONER ON OR BEFORE THE FIFTEENTH  DAY
OF EACH MONTH.
  S  424.  DOG LICENSING RENEWALS. LICENSES AND RENEWALS ISSUED PURSUANT
TO SECTION FOUR HUNDRED TWENTY-TWO OF THIS ARTICLE, SHALL BE VALID FOR A
TERM OF ONE YEAR FROM THE DATE OF ISSUANCE, AND MUST BE RENEWED PRIOR TO
THE EXPIRATION OF THE TERM BY PAYMENT OF SEVEN DOLLARS AND FORTY  CENTS,
PLUS A TAG FEE OF ONE DOLLAR, FOR EACH RENEWAL.
  S  425. FAILURE TO LICENSE AND LATE RENEWAL OF LICENSE. ANY PERSON WHO
WAS REQUIRED BUT FAILED TO OBTAIN A LICENSE OR  RENEWAL  THEREOF  ON  OR
BEFORE  THE DATE PRESCRIBED BY THIS ARTICLE OR WITHIN TEN DAYS THEREAFT-
ER, SHALL PAY, IN ADDITION TO THE FEE PRESCRIBED  BY  THIS  ARTICLE  FOR
SUCH  LICENSE  OR RENEWAL, A LATE REGISTRATION FEE OF TWO DOLLARS.  SUCH
PAYMENT SHALL BE MADE TO THE DEPARTMENT OF  HEALTH  AND  SHALL  BE  USED
SOLELY FOR THE PROVISION OF ANIMAL CONTROL SERVICES IN THE CITY IN WHICH
SUCH FEES WERE COLLECTED.
  S  426.  EXEMPTIONS  FROM  DOG LICENSING. 1. AN EXEMPTION FROM THE DOG
LICENSING REQUIREMENTS OF SECTION FOUR HUNDRED TWENTY-TWO OF THIS  ARTI-
CLE SHALL BE PROVIDED FOR THE FOLLOWING PERSONS, ORGANIZATIONS AND BUSI-
NESSES:
  (A) INDIVIDUALS WHO ARE NONRESIDENTS OF A CITY AND WHO ARE TEMPORARILY
RESIDING THEREIN FOR A PERIOD NOT TO EXCEED THIRTY DAYS; AND
  (B) 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  DEFINED
IN THIS ARTICLE; AND FOR LABORATORIES AND RESEARCH INSTITUTIONS APPROVED
BY THE STATE DEPARTMENT OF HEALTH THAT HARBOR DOGS.
  2.  AN  EXEMPTION  FROM  THE  DOG LICENSE FEES OF SECTION FOUR HUNDRED
TWENTY-TWO OF THIS ARTICLE SHALL BE PROVIDED  FOR  PERSONS  WHO  OWN  OR
HARBOR  GUIDE  DOGS,  HEARING DOGS, SERVICE DOGS OR POLICE WORK DOGS, AS
SUCH TERMS ARE DEFINED IN SECTION ONE HUNDRED EIGHT OF THIS CHAPTER.
  S 427. ISSUANCE OF APPLICATION FOR LICENSE PRIOR TO SALE OR  ADOPTION.
1. NO PERSON HOLDING A PERMIT PURSUANT TO SECTION 161.09 OF THE NEW YORK
CITY  HEALTH  CODE,  A  LICENSE  ISSUED PURSUANT TO SECTION FOUR HUNDRED
THREE OF THIS CHAPTER, OR  A  DULY  INCORPORATED  HUMANE  SOCIETY,  DULY
INCORPORATED  SOCIETY  FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR DULY
INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, SHALL SELL  OR  RELEASE  FOR
ADOPTION  A  DOG  WITHOUT  FIRST  REQUIRING  THE PURCHASER OR ADOPTER TO
SUBMIT AN APPLICATION FOR A DOG  LICENSE  AND  PAY  ALL  REQUIRED  FEES,
UNLESS  THE  PURCHASER OR ADOPTER SHALL EXECUTE AND SUBMIT TO THE SELLER
OR ADOPTING AGENCY A WRITTEN STATEMENT THAT THE DOG TO BE  PURCHASED  OR
ADOPTED IS TO BE HARBORED OUTSIDE THE CITY. SUCH APPLICATION AND WRITTEN
STATEMENTS SHALL BE ON FORMS FURNISHED BY THE DEPARTMENT OF HEALTH.
  2. ANY SELLER OR ADOPTING AGENCY PROCESSING AN APPLICATION PURSUANT TO
THIS  SECTION  SHALL,  ON  OR  BEFORE  THE  TENTH  DAY OF THE MONTH NEXT
SUCCEEDING THE MONTH IN WHICH COLLECTED,  REMIT  TO  THE  DEPARTMENT  OF

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HEALTH  ALL  APPLICATIONS FOR LICENSES AND FEES COLLECTED LESS AN AMOUNT
NOT TO EXCEED ONE DOLLAR FOR EACH APPLICATION PROCESSED.
  S  428.  ISSUANCE  OF CERTIFICATES OF LICENSE AND TAGS BEARING LICENSE
NUMBER.  1. EACH CERTIFICATE OF LICENSE OR RENEWAL SHALL STATE THE  NAME
AND ADDRESS OF THE OWNER OF THE DOG, AND ALSO THE NUMBER OF SUCH LICENSE
OR RENEWAL.
  2.  EVERY DOG SO LICENSED SHALL, AT ALL TIMES, HAVE A COLLAR ABOUT ITS
NECK WITH A METAL TAG  ATTACHED  THERETO,  BEARING  THE  NUMBER  OF  THE
LICENSE. SUCH TAG SHALL BE SUPPLIED TO THE OWNER WITH THE CERTIFICATE OF
LICENSE AND SHALL BE OF SUCH FORM AND DESIGN AS THE DEPARTMENT OF HEALTH
OR  ITS  AUTHORIZED AGENT, SHALL DESIGNATE. DUPLICATE TAGS MAY BE ISSUED
ONLY UPON REASONABLE PROOF OF LOSS OF THE ORIGINAL AND THE PAYMENT OF  A
SUM EQUAL TO THE COST OF A DUPLICATE.
  S  429. SEIZURE AND DISPOSITION OF DOGS. 1. LOST, STRAY AND UNLICENSED
DOGS MAY BE SEIZED. ANY SEIZED DOG THAT IS WITHOUT ANY FORM OF IDENTIFI-
CATION AND THAT IS NOT REDEEMED WITHIN FORTY-EIGHT HOURS AFTER ADMISSION
TO A SHELTER, MAY BE MADE AVAILABLE FOR ADOPTION OR HUMANELY  EUTHANIZED
PURSUANT TO THE PROVISIONS OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS
CHAPTER.
  2.  UPON  SEIZURE  AND  ADMISSION  TO A SHELTER OF A LOST OR STRAY DOG
WHICH BEARS A LICENSE TAG, IDENTIFICATION TAG, OR WHICH IS  MICROCHIPPED
OR TATTOOED OR WHICH OTHERWISE ENABLES IDENTIFICATION OF ITS OWNER, SUCH
SHELTER  SHALL ATTEMPT TO NOTIFY SUCH OWNER, AND SHALL HOLD SUCH DOG, IF
NOT CLAIMED BY THE OWNER, FOR NOT LESS THAN THREE DAYS AFTER THE DAY  OF
A  PERSONAL  OR  TELEPHONE  NOTICE TO THE OWNER, AND NOT LESS THAN SEVEN
DAYS AFTER THE DAY OF A NOTICE HAS BEEN MAILED TO THE OWNER BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, TO THE  MAILING  ADDRESS  OF  THE  OWNER
PROVIDED  BY  THE  OWNER  ON HIS LICENSE APPLICATION, OR AS SUCH ADDRESS
APPEARS ON OTHER RECORDS AS MAY BE AVAILABLE. THEREAFTER, SUCH  DOG  MAY
BE  MADE  AVAILABLE  FOR ADOPTION OR HUMANELY EUTHANIZED PURSUANT TO THE
PROVISIONS OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
  3. IN DETERMINING WHEN A DOG MAY BE MADE  AVAILABLE  FOR  ADOPTION  OR
HUMANELY EUTHANIZED PURSUANT TO THIS SECTION: (A) ANY HOURS WHEN A SHEL-
TER IS NOT REQUIRED BY LAW TO MAKE SUCH DOG AVAILABLE FOR REDEMPTION AND
ANY  ADDITIONAL  HOURS  WHEN  A  SHELTER DOES NOT ACTUALLY MAKE SUCH DOG
AVAILABLE FOR REDEMPTION SHALL  BE  EXCLUDED  FROM  CALCULATION  OF  THE
FORTY-EIGHT  HOUR PERIOD IN SUBDIVISION ONE OF THIS SECTION; AND (B) ANY
DAY DURING WHICH A SHELTER IS NOT REQUIRED  BY  LAW  TO  MAKE  SUCH  DOG
AVAILABLE  FOR  AT  LEAST  FOUR HOURS OF SUCH DAY AND ANY ADDITIONAL DAY
WHEN A SHELTER DOES NOT ACTUALLY MAKE SUCH DOG AVAILABLE FOR  REDEMPTION
DURING  AT  LEAST  FOUR  HOURS OF SUCH DAY SHALL BE EXCLUDED FROM CALCU-
LATION OF THE THREE DAY AND THE SEVEN DAY PERIOD IN SUBDIVISION  TWO  OF
THIS SECTION.
  S  430.  SEIZURE AND DISPOSITION OF CATS. 1.  ANY CAT FOUND WITHIN THE
CORPORATE LIMITS OF A CITY WITHOUT A COLLAR ABOUT ITS NECK  BEARING  THE
NAME  AND  ADDRESS  OF  THE  OWNER  STAMPED  THEREON,  MAY BE SEIZED AND
DISPOSED OF IN LIKE MANNER AS PRESCRIBED FOR DOGS IN SUBDIVISION ONE AND
SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-NINE OF THIS ARTICLE.
  2. UPON ADMISSION TO ANY SHELTER OF A CAT WHICH BEARS A  COLLAR  ABOUT
ITS  NECK  BEARING  THE  NAME  AND ADDRESS OF ITS OWNER STAMPED THEREON,
WHICH IS MICROCHIPPED, TATTOOED OR OTHERWISE ENABLES  IDENTIFICATION  OF
ITS  OWNER,  THE  SHELTER  SHALL HOLD SUCH CAT AND ATTEMPT TO NOTIFY ITS
OWNER IN LIKE MANNER AS PRESCRIBED  FOR  DOGS  IN  SUBDIVISION  TWO  AND
SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-NINE OF THIS ARTICLE.
  S  431.  REDEMPTION OF DOGS AND CATS.  1. ANY PERSON CLAIMING A DOG OR
CAT SEIZED UNDER THE PROVISIONS OF THIS ARTICLE, AND  PROVING  OWNERSHIP

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THEREOF,  SHALL  BE ENTITLED TO RESUME POSSESSION OF THE ANIMAL PROVIDED
THAT THE OWNER COMPLETES AN APPLICATION AND PAYS THE FEES FOR  LICENSING
A DOG, IF THE DOG IS UNLICENSED, AND PAYS: THE REASONABLE COST OF MANDA-
TORY  SPAYING  OR  NEUTERING  OF  THE  DOG  OR CAT, IF THE DOG OR CAT IS
UNSPAYED OR UNNEUTERED; THE REASONABLE COSTS OF  ANY  NECESSARY  MEDICAL
TREATMENT  FOR  ANY  ANIMAL;  AND  THE  REASONABLE  COST OF BOARDING THE
ANIMAL. FOR PURPOSES OF  THIS  SECTION,  "REASONABLE  COSTS"  SHALL  NOT
EXCEED  THE  PREVAILING  AVERAGE  COST  OF SPAYING OR NEUTERING, MEDICAL
TREATMENT OR BOARDING IN THE CITY IN WHICH THE ANIMAL HAS  BEEN  SEIZED.
BOARDING COSTS SHALL NOT BE PAYABLE IF THE DOG OR CAT IS RECLAIMED WITH-
IN FORTY-EIGHT HOURS AFTER ADMISSION TO A SHELTER.
  2.  IN DETERMINING WHETHER BOARDING COSTS SHALL BE PAYABLE PURSUANT TO
THIS SECTION  UPON REDEMPTION OF A DOG OR CAT, ANY HOURS WHEN A  SHELTER
IS  NOT REQUIRED BY LAW TO MAKE SUCH DOG OR CAT AVAILABLE FOR REDEMPTION
AND ANY ADDITIONAL HOURS WHEN A SHELTER DOES NOT ACTUALLY MAKE SUCH  DOG
OR  CAT  AVAILABLE  FOR REDEMPTION SHALL BE EXCLUDED FROM CALCULATION OF
THE FORTY-EIGHT HOUR PERIOD IN SUBDIVISION ONE OF THIS SECTION.
  S 432. POWER TO ISSUE LICENSES AND ENFORCE ARTICLE.  1. THE DEPARTMENT
OF HEALTH OR ITS AUTHORIZED AGENTS, IS HEREBY AUTHORIZED  TO  CARRY  OUT
THE  PROVISIONS  OF  THIS ARTICLE, AND SAID DEPARTMENT OR ITS AUTHORIZED
AGENTS, IS FURTHER AUTHORIZED TO ISSUE THE LICENSES AND RENEWALS, AND TO
COLLECT THE FEES THEREFOR, AS HEREIN PRESCRIBED.   SUCH FEES,  INCLUDING
ANY  ADDITIONAL FEES IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE PURSU-
ANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED TWENTY-TWO OF THIS  ARTI-
CLE, WITH THE EXCEPTION OF THOSE COLLECTED PURSUANT TO SUBDIVISION THREE
OF SECTION FOUR HUNDRED TWENTY-TWO AND SECTION FOUR HUNDRED TWENTY-THREE
OF  THIS ARTICLE, SHALL BE THE PROPERTY OF THE CITY AND SHALL BE USED AS
PROVIDED BY THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, TO DEFRAY  THE
COST  OF  CARRYING  OUT THE PROVISIONS OF THIS ARTICLE AND PROVIDING FOR
ANIMAL CARE AND CONTROL IN THE CITY INCLUDING BUT  NOT  LIMITED  TO  THE
COSTS  OF  OPERATING  ANIMAL  SHELTERS  BY  THE  CITY EITHER DIRECTLY OR
THROUGH CONTRACT, SUBSIDIZING THE SPAYING OR NEUTERING OF DOGS AND  CATS
AND SUBSIDIZING PUBLIC HUMANE PROGRAMS IN RESPONSIBLE PET OWNERSHIP.
  2.  THE  DEPARTMENT  OF  HEALTH  MAY  MAKE  DOG LICENSES AVAILABLE FOR
PURCHASE THROUGH THE INTERNET.  THE DEPARTMENT OF HEALTH MAY  ALSO  MAKE
DOG  LICENSES  AVAILABLE  FOR  PURCHASE  THROUGH LICENSED VETERINARIANS,
SHELTERS, POUNDS, DULY INCORPORATED  SOCIETIES  FOR  THE  PREVENTION  OF
CRUELTY  TO  ANIMALS,  DULY INCORPORATED HUMANE SOCIETIES, DULY INCORPO-
RATED DOG PROTECTIVE ASSOCIATIONS,  PET  DEALERS  LICENSED  PURSUANT  TO
SECTION FOUR HUNDRED THREE OF THIS CHAPTER, BUSINESSES LICENSED PURSUANT
TO  SECTION  161.09  OF  THE  NEW  YORK CITY HEALTH CODE, AND GOVERNMENT
OFFICES SUCH AS TOWN AND CITY HALLS, POST OFFICES AND PUBLIC  LIBRARIES.
THE  DEPARTMENT  OF  HEALTH  SHALL  EVALUATE THE FEASIBILITY OF INTERNET
LICENSING AND SHALL REPORT ITS FINDINGS TO THE LEGISLATURE NO LATER THAN
MAY FIRST, TWO THOUSAND TWELVE.
  3. ANY PERSON WHO OWNS OR HARBORS IN A CITY A DOG OR CAT THREE  MONTHS
OF  AGE  OR  OLDER,  OTHER  THAN  A  DOG  OR CAT EXEMPT FROM VACCINATION
REQUIREMENTS SHALL HAVE SUCH ANIMAL ACTIVELY IMMUNIZED AGAINST RABIES IN
ACCORDANCE WITH THE REQUIREMENTS OF THE CITY HEALTH CODE.
  4. THE DEPARTMENT OF  HEALTH,  IN  CONSULTATION  WITH  THE  VETERINARY
MEDICAL  ASSOCIATION  OF NEW YORK CITY SHALL MAKE AVAILABLE FOR DISTRIB-
UTION TO ALL VETERINARIAN OFFICES, POST OFFICES AND MUNICIPAL OFFICES  A
PUBLIC  INFORMATION POSTER CONTAINING, BUT NOT LIMITED TO, THE FOLLOWING
INFORMATION:
  (I) THAT ALL DOGS AGED FOUR MONTHS OR OLDER MUST BE LICENSED;
  (II) THE LICENSE FEE FOR ALTERED AND UNALTERED DOGS; AND

A. 5950                             7

  (III) THE PROGRAMS FUNDED BY THE LICENSE FEES.
  S  433.  DOG  ENUMERATION  AND WAIVER OF FINES.   1. THE DEPARTMENT OF
HEALTH MAY BIENNIALLY ASCERTAIN AND LIST THE NAMES OF ALL PERSONS IN THE
MUNICIPALITY OWNING OR HARBORING DOGS OR IN LIEU THEREOF, SUCH CITY  MAY
CONTRACT TO HAVE THE SAME DONE.
  2. THE DEPARTMENT OF HEALTH MAY WAIVE THE APPLICABLE FINES PURSUANT TO
THIS  ARTICLE.  ANY  SUCH WAIVER SHALL BE PRECEDED BY A PUBLIC EDUCATION
ANNOUNCEMENT, ADVERTISEMENT OR PROGRAM  TO  INFORM  THE  PUBLIC  OF  THE
AMNESTY  PERIOD  AND  TO PROVIDE THE REQUISITE INFORMATION FOR COMPLYING
WITH THE LICENSING PROVISIONS OF THIS SECTION  AS  WELL  AS  INFORMATION
CONCERNING APPLICABLE PENALTIES FOR VIOLATION OF THESE LAWS.
  3.  THE  DEPARTMENT  OF  HEALTH  MAY WAIVE APPLICABLE LICENSE FEES AND
FINES PURSUANT TO THIS ARTICLE EXCEPT FOR FEES REQUIRED TO BE  COLLECTED
PURSUANT TO SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-TWO OF THIS
ARTICLE IN CONNECTION WITH ANY EDUCATIONAL CAMPAIGN TO PROMOTE LICENSING
AND  SPAYING AND NEUTERING OF DOGS. ANY SUCH WAIVER SHALL BE PRECEDED BY
A PUBLIC EDUCATION ANNOUNCEMENT, ADVERTISEMENT OR PROGRAM TO INFORM  THE
PUBLIC  OF  THE AMNESTY PERIOD AND PROVIDE THE REQUISITE INFORMATION FOR
COMPLYING WITH THE LICENSING PROVISIONS OF SECTION FOUR HUNDRED  TWENTY-
TWO  OF THIS ARTICLE AS WELL AS INFORMATION CONCERNING APPLICABLE PENAL-
TIES FOR VIOLATION OF THESE LAWS.
  S 434. ENFORCEMENT AND PENALTIES.   ANY PERSON OR  PERSONS  WHO  SHALL
HINDER  OR  MOLEST OR INTERFERE WITH ANY OFFICER OR AGENT OF THE DEPART-
MENT OF HEALTH IN THE PERFORMANCE OF ANY DUTY ENJOINED BY THIS  ARTICLE,
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 ARTICLE SHALL BE
SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TWENTY-FIVE  NOR  MORE  THAN
FIFTY  DOLLARS FOR A FIRST OFFENSE, A SUM OF NOT LESS THAN FIFTY DOLLARS
NOR MORE THAN ONE HUNDRED DOLLARS FOR A SECOND  OFFENSE  WITHIN  A  FIVE
YEAR  PERIOD,  AND  A  SUM OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE
THAN TWO HUNDRED DOLLARS FOR A THIRD OR SUBSEQUENT OFFENSE WITHIN A FIVE
YEAR PERIOD.  ANY PERSON WHO SHALL FALSIFY ANY INFORMATION ON AN  APPLI-
CATION  FOR  A  LICENSE OR A RENEWAL THEREOF PURSUANT TO THIS ARTICLE OR
WHO, FOR THE PURPOSE OF PARTICIPATING 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  DULY  INCORPORATED DOG OR CAT PROTECTIVE ASSOCIATION OR WHO
SHALL FALSIFY PROOF OF PARTICIPATION IN ANY OF THE  PROGRAMS  ENUMERATED
IN  PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION ONE HUNDRED SEVENTEEN-A
OF THIS CHAPTER, OR WHO SHALL KNOWINGLY FURNISH ANY LICENSED VETERINARI-
AN OF THIS STATE WITH INACCURATE INFORMATION CONCERNING HIS OR HER RESI-
DENCY OR THE OWNERSHIP OF AN ANIMAL OR SUCH PERSON'S AUTHORITY TO SUBMIT
AN ANIMAL FOR A SPAYING OR NEUTERING PROCEDURE PURSUANT TO  SECTION  ONE
HUNDRED  SEVENTEEN-A  OF  THIS  CHAPTER  AND  ANY VETERINARIAN WHO SHALL
FURNISH THE COMMISSIONER WITH FALSE  INFORMATION  CONCERNING  AN  ANIMAL
STERILIZATION  FEE  SCHEDULE  OR  AN  ANIMAL  STERILIZATION  CERTIFICATE
SUBMITTED PURSUANT TO SUBDIVISION FOUR OF  SECTION  ONE  HUNDRED  SEVEN-
TEEN-A  OF  THIS  CHAPTER SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A
FINE OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS WHERE PROSECUTED  PURSU-
ANT  TO  THE  PENAL  LAW, OR WHERE SUBJECT TO A CIVIL ACTION, SUCH CIVIL
PENALTY SHALL BE A SUM OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS.    IN
ADDITION  TO EMPLOYEES, OFFICERS AND AGENTS OF THE DEPARTMENT OF HEALTH,
THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED BY ANY EMPLOYEE,  OFFICER
OR AGENT OF THE CITY OF NEW YORK DEPARTMENT OF SANITATION, DEPARTMENT OF
PARKS AND RECREATION, OR ANY OTHER AGENCY AUTHORIZED BY THE COMMISSIONER

A. 5950                             8

OF  HEALTH  AND  MENTAL  HYGIENE  OF  SUCH  CITY OR THE BOARD OF HEALTH.
NOTICES OF VIOLATION ISSUED  PURSUANT  TO  THIS  ARTICLE  SEEKING  CIVIL
PENALTIES SHALL BE MADE RETURNABLE TO THE ADMINISTRATIVE TRIBUNAL OF THE
DEPARTMENT  OF  HEALTH OR TO THE ENVIRONMENTAL CONTROL BOARD OF THE CITY
OF NEW YORK.
  S 435. POUND SEIZURE PROHIBITED. NO ANIMAL IMPOUNDED PURSUANT  TO  THE
PROVISIONS  OF  THIS  ARTICLE  OR  IN THE CARE, CUSTODY OR CONTROL OF AN
ANIMAL SHELTER OR OTHER FACILITY FOR LOST, STRAYED AND HOMELESS  ANIMALS
SHALL BE SOLD, TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY PERSON FOR
THE  PURPOSE  OF  RESEARCH, EXPERIMENTATION, TESTING, TEACHING OR DEMON-
STRATION. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS  SECTION  SHALL
BE  SUBJECT  TO  A  CIVIL  PENALTY  OF  FIVE  HUNDRED  DOLLARS  FOR EACH
VIOLATION.
  S 436.  STANDARDS FOR HUMANE TREATMENT. THE DEPARTMENT OF HEALTH IN  A
CITY  COVERED BY THIS ARTICLE, IN CONSULTATION WITH THE AMERICAN SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, SHALL PRESCRIBE STANDARDS  FOR
SUCH CITY FOR THE HUMANE TREATMENT OF ANIMALS IMPOUNDED PURSUANT TO THIS
ARTICLE  AND  SHALL PROVIDE REGULAR INSPECTION TO ENSURE COMPLIANCE WITH
SUCH STANDARDS.
  S 437. COMPANION ANIMALS. ANY ANIMAL IMPOUNDED PURSUANT TO THIS  ARTI-
CLE  WHICH IS UNCLAIMED MAY BE DELIVERED TO AN INDIVIDUAL EIGHTEEN YEARS
OF AGE OR OLDER FOR THE PURPOSE OF OWNING SUCH  ANIMAL  AS  A  COMPANION
ANIMAL.
  S 438. USE OF DOG RUNS. ONLY DOGS DULY LICENSED PURSUANT TO THIS ARTI-
CLE  SHALL  BE PERMITTED TO USE DESIGNATED DOG RUNS IN A CITY SUBJECT TO
THE PROVISIONS OF THIS ARTICLE.
  S 3. 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 [section three-a of chapter one hundred fifteen of the
laws of eighteen hundred ninety-four] ALL MONEYS COLLECTED  PURSUANT  TO
ARTICLE  TWENTY-SIX-C  OF THE AGRICULTURE AND MARKETS LAW, and all other
moneys credited or transferred thereto from any  other  fund  or  source
pursuant to law.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law, provided that upon the repeal of sections  1  through
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 there-
of,  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. Such licenses or renewals shall be renewable pursuant to the
provisions added by section two of this act.

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

                                 5950--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced  by  M. of A. KAVANAGH, GLICK, McENENY, MAGEE, ENGLEBRIGHT --
  Multi-Sponsored by -- M. of A. BRENNAN, COOK, DINOWITZ,  GALEF,  MILL-
  MAN,  ORTIZ,  WEISENBERG -- read once and referred to the Committee on
  Agriculture -- recommitted to the Committee on Agriculture in  accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01102-04-2
              

A. 5950--A                          2

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.
  (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

A. 5950--A                          3

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
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

A. 5950--A                          4

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  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 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], ESTABLISH-
ING, 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 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 TOTAL FEES 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 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

A. 5950--A                          5

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
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:

A. 5950--A                          6

  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 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  trans-
ferred 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.