Senate Bill S8029

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8029
 
                             I N  S E N A T E
 
                              March 11, 2020
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Domestic Animal Welfare
 
 AN ACT to amend the agriculture and markets law, in relation  to  estab-
   lishing standards for the care of dogs and cats in animal shelters; to
   amend  the  general  business  law, in relation to pet dealers; and to
   repeal certain provisions of the agriculture and markets law  relating
   to  spaying  and  neutering of dogs and cats and the definition of pet
   dealers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  Intent.  The  department  of agriculture and
 markets holds statutory responsibility for the  oversight  of  municipal
 animal  shelters and any duly incorporated humane society, duly incorpo-
 rated society for the prevention of cruelty to animals or duly  incorpo-
 rated  animal  protective association providing contractual animal shel-
 tering services for local governments in this state. The department also
 holds statutory responsibility  for  registering  not-for-profit  animal
 shelters  or  rescue organizations as entities exempt from licensure and
 inspection under the agency's pet dealer program. Currently however,  no
 statutory  facility or animal care standards exist in law to which these
 organizations must conform to adequately  and  uniformly  ensure  animal
 health  and  wellbeing  at and in transport to and from such facilities.
 The legislature finds that the universe of entities  harboring  homeless
 dogs and cats in our communities and providing animal transport in-state
 and across state lines has evolved and grown exponentially over the past
 several  decades,  rendering  the  existing  statutory framework for the
 oversight of such entities deficient and benefiting neither the adoptive
 families of dogs and cats in need nor the  organizations  that  work  so
 diligently to find safe, loving homes for them.
   Therefore,  it  is the stated purpose of this legislation to establish
 responsible, uniform and effective standards for the care  of  dogs  and
 cats  in  animal  shelters as defined herein to improve state oversight,
 ensure public trust and  provide  for  increased  protections  for  such
 animals while in the care of such facilities.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15356-02-0

 S. 8029                             2
 
   §  2. The agriculture and markets law is amended by adding a new arti-
 cle 26-C to read as follows:
                               ARTICLE 26-C
                       REGULATION OF ANIMAL SHELTERS
 SECTION 411. DEFINITIONS.
         412. LICENSE REQUIRED AND INSPECTION OF FACILITIES.
         413. PERSONNEL TRAINING REQUIREMENTS.
         414. RECORDKEEPING AND PROTOCOLS.
         415. GENERAL FACILITY STANDARDS.
         416. ANIMAL HOUSING.
         417. SANITATION.
         418. POPULATION MANAGEMENT.
         419. ANIMAL HUSBANDRY.
         420. VETERINARY CARE.
         421. BEHAVIOR.
         422. HUMANE EUTHANASIA.
         423. TRANSPORTATION OF ANIMALS IMPORTED FROM OTHER STATES.
         424. FOSTER CARE PROVIDER REQUIREMENTS.
         425. VIOLATIONS.
   §  411. 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 SHEL-
 TER 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 SHEL-
 TER.
   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 PURSU-
 ANT  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 BUILD-
 ING.
   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 OTHER-
 WISE 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 SOCI-
 ETY, DOG OR CAT PROTECTIVE ASSOCIATION, OR  POUND;  ANY  PERSON  IN  THE
 EMPLOY  OF,  OR  ORGANIZATION OPERATED BY OR UNDER CONTRACT TO A MUNICI-
 PALITY TO PROVIDE CARE FOR SEIZED OR IMPOUNDED  ANIMALS;  OR  ANY  OTHER
 NOT-FOR-PROFIT  ORGANIZATION INVOLVED IN THE PROTECTION, CARE, OR REHOM-
 ING 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

 S. 8029                             3
 
 SUPERVISED  BY  A  DULY LICENSED VETERINARIAN; OR ANY FACILITY WHERE THE
 OWNER OR OPERATOR IS LICENSED BY THE NEW YORK STATE DEPARTMENT OF  ENVI-
 RONMENTAL  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 MICROORGAN-
 ISMS.
   8. "BEHAVIORAL EVALUATION" SHALL MEAN  AN  ORDERED  SERIES  OF  INTER-
 ACTIONS 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, REGARD-
 LESS 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  ENCLO-
 SURE 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.

 S. 8029                             4
 
   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  THE 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 ENVIRON-
 MENT  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.
   §  412.  LICENSE  REQUIRED AND INSPECTION OF FACILITIES. 1. ANY PERSON
 ELIGIBLE FOR EXEMPTION FROM THE DEFINITION OF  PET  DEALER  PURSUANT  TO
 PARAGRAPHS  (B)  AND  (C) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF
 THIS CHAPTER SHALL  BE  LICENSED  BY  THE  DEPARTMENT  PURSUANT  TO  THE
 PROVISIONS  OF  THIS SECTION. NOTWITHSTANDING THE FOREGOING, ANY PERSON,
 OPERATING AN ANIMAL SHELTER ON OR BEFORE  THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  WHO HAS FILED AN APPLICATION FOR AN INITIAL LICENSE UNDER THIS
 ARTICLE IS HEREBY AUTHORIZED TO OPERATE WITHOUT SUCH LICENSE  UNTIL  THE
 COMMISSIONER  GRANTS  OR,  AFTER  NOTICE  OF AN OPPORTUNITY TO BE HEARD,
 DECLINES TO GRANT SUCH LICENSE. EACH APPLICATION FOR  LICENSE  SHALL  BE
 MADE  ON A FORM SUPPLIED BY THE DEPARTMENT AND SHALL CONTAIN SUCH INFOR-
 MATION AS REQUIRED BY THE COMMISSIONER. RENEWAL  APPLICATIONS  SHALL  BE
 SUBMITTED  TO  THE  COMMISSIONER  AT  LEAST  THIRTY  DAYS  PRIOR  TO THE
 COMMENCEMENT OF THE NEXT LICENSE YEAR.
   2. APPLICATION FOR LICENSURE AS SET FORTH IN  THIS  SECTION  SHALL  BE
 MADE  ANNUALLY  TO  THE COMMISSIONER ON A FORM PRESCRIBED BY THE COMMIS-
 SIONER.  SUCH FORM SHALL INCLUDE BUT NOT BE  LIMITED  TO  THE  FOLLOWING
 INFORMATION,  PROVIDED  HOWEVER THAT PARAGRAPHS (A), (B) AND (C) OF THIS
 SUBDIVISION SHALL NOT APPLY TO MUNICIPAL POUNDS OR SHELTERS  AS  DEFINED
 IN  PARAGRAPH  (B)  OF  SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THIS
 CHAPTER:
   (A) PROOF OF THE APPLICANT'S TAX EXEMPT DESIGNATION PURSUANT TO  PARA-
 GRAPH  (3)  OF  SUBSECTION  (C)  OF  SECTION 501 OF THE FEDERAL INTERNAL

 S. 8029                             5
 
 REVENUE CODE, 26 U.S.C. 501, OR ANY SUBSEQUENT CORRESPONDING SECTIONS OF
 THE FEDERAL INTERNAL REVENUE CODE, AS FROM TIME TO TIME AMENDED;
   (B)  PROOF OF THE APPLICANT'S INCORPORATION AS A NOT-FOR-PROFIT ORGAN-
 IZATION IN THIS STATE PURSUANT TO THE  NOT-FOR-PROFIT  CORPORATION  LAW,
 PROVIDED  FURTHER  THAT  SUCH  ORGANIZATION IS IN GOOD STANDING WITH THE
 ATTORNEY GENERAL AND THE DEPARTMENT OF STATE;
   (C) PROOF OF THE APPLICANT'S REGISTRATION WITH  THE  ATTORNEY  GENERAL
 PURSUANT TO ARTICLE SEVEN-A OF THE EXECUTIVE LAW;
   (D)  IF  THE  APPLICANT  IS A MUNICIPAL POUND OR SHELTER AS DEFINED IN
 PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THIS  CHAP-
 TER, A COPY OF THE APPLICANT'S EMPLOYER IDENTIFICATION NUMBER;
   (E)  THE  NAME  OF THE APPLICANT AND THE NAME OR NAMES UNDER WHICH THE
 APPLICANT OFFERS ITS SERVICES TO THE PUBLIC, ANY NAME  UNDER  WHICH  THE
 APPLICANT  HAS  OFFERED SUCH SERVICES TO THE PUBLIC DURING THE PAST FIVE
 YEARS, AND WHETHER THE APPLICANT HAS EVER  HELD  A  PET  DEALER  LICENSE
 ISSUED PURSUANT TO ARTICLE TWENTY-SIX-A OF THIS CHAPTER;
   (F)  THE  ADDRESS  AND  TELEPHONE  NUMBER OF THE APPLICANT AND FOR ANY
 OTHER PREMISES OWNED OR LEASED BY SUCH APPLICANT'S ORGANIZATION TO CARRY
 OUT THE PURPOSES FOR WHICH IT WAS INCORPORATED AND BY WHICH IT IS ELIGI-
 BLE FOR A LICENSING EXEMPTION PURSUANT TO  PARAGRAPHS  (B)  AND  (C)  OF
 SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THIS CHAPTER;
   (G) THE WEBSITE AND EMAIL ADDRESS OF THE APPLICANT;
   (H)  THE NUMBER OF ANIMALS TAKEN IN, ADOPTED, PLACED INTO PERMANENT OR
 TEMPORARY HOMES, OR OTHERWISE TRANSFERRED INTO, OUT OF,  OR  WITHIN  THE
 STATE BY THE APPLICANT DURING THE PRIOR CALENDAR YEAR;
   (I) THE NUMBER OF ANIMALS CURRENTLY HARBORED BY THE APPLICANT;
   (J)  THE  SPECIES  OF  ANIMAL  THE  APPLICANT  TYPICALLY  HARBORS  FOR
 ADOPTION, PLACEMENT OR TRANSFER;
   (K) A DESCRIPTION OF FACILITIES BY WHICH THE APPLICANT CARRIES OUT THE
 PURPOSES FOR WHICH IT WAS INCORPORATED, INCLUDING A STATEMENT  REGARDING
 WHETHER  THE  APPLICANT HARBORS THE ANIMALS IN ITS CARE IN ITS OWN PHYS-
 ICAL ANIMAL SHELTER OR UTILIZES FOSTER CARE PROVIDER  HOMES,  COMMERCIAL
 BOARDING KENNELS OR OTHER ARRANGEMENTS;
   (L) A SWORN STATEMENT, SIGNED BY THE APPLICANT, DECLARING AN EXEMPTION
 FROM  THE  DEFINITION  OF PET DEALER PURSUANT TO SECTION FOUR HUNDRED OF
 THIS CHAPTER;
   (M) CURRENT TRAINING PROTOCOL AND PROCEDURAL PRACTICES  AS  PRESCRIBED
 PURSUANT  TO SECTIONS FOUR HUNDRED THIRTEEN AND FOUR HUNDRED FOURTEEN OF
 THIS ARTICLE; AND
   (N) OTHER INFORMATION AS DEEMED NECESSARY TO SATISFY THE  COMMISSIONER
 OF THE APPLICANT'S CHARACTER AND RESPONSIBILITY.
   3.  THE  COMMISSIONER  SHALL  CONDUCT AN INSPECTION OF THE APPLICANT'S
 FACILITIES PRIOR TO THE ISSUANCE OF A LICENSE PURSUANT TO THIS  SECTION,
 AND  ANNUAL  INSPECTIONS OF THE APPLICANT'S FACILITIES LICENSED PURSUANT
 TO THIS SECTION PRIOR TO RENEWAL OF SUCH LICENSE. THE  COMMISSIONER  MAY
 PERIODICALLY  CONDUCT  UNANNOUNCED  INSPECTIONS  OF SUCH FACILITIES, AND
 WHENEVER, IN THE DISCRETION OF THE COMMISSIONER,  A  COMPLAINT  WARRANTS
 SUCH  INVESTIGATION.  ANIMAL  SHELTERS LICENSED PURSUANT TO THIS SECTION
 SHALL PROVIDE OPEN HOURS TO THE COMMISSIONER  SO  THAT  INSPECTIONS  CAN
 OCCUR IN A TIMELY MANNER. RENEWAL OF AN ANIMAL SHELTER LICENSE SHALL NOT
 BE  GRANTED  UNTIL  ALL  OUTSTANDING  VIOLATIONS ISSUED PURSUANT TO THIS
 ARTICLE ARE CORRECTED AND ANY OUTSTANDING  MONETARY  PENALTIES  ASSESSED
 PURSUANT TO THIS ARTICLE ARE PAID IN FULL.
   4.  UPON  VALIDATION BY THE COMMISSIONER, THE APPLICATION SHALL BECOME
 THE LICENSE OF THE ANIMAL SHELTER AND AN EXEMPTION FROM  THE  DEFINITION
 OF  PET  DEALER AS DEFINED IN SECTION FOUR HUNDRED OF THIS CHAPTER SHALL

 S. 8029                             6
 
 BE GRANTED. THE COMMISSIONER SHALL RETAIN A COPY  OF  SUCH  LICENSE  AND
 PROVIDE  A  COPY  OF  THE LICENSE TO THE ANIMAL SHELTER. ANIMAL SHELTERS
 LICENSED PURSUANT TO THIS  SECTION  SHALL  CONSPICUOUSLY  DISPLAY  THEIR
 LICENSE ON THE PREMISES WHERE ITS ANIMALS ARE HARBORED. THE COMMISSIONER
 SHALL  ALSO PROVIDE THE LICENSEE WITH A PET DEALER EXEMPTION IDENTIFICA-
 TION NUMBER.  THE LICENSEE'S PET DEALER EXEMPTION IDENTIFICATION  NUMBER
 SHALL BE PROMINENTLY DISPLAYED ON THE LICENSEE'S WEBSITES AND ANY PUBLI-
 CATIONS OR ADVERTISEMENTS MADE AVAILABLE TO THE PUBLIC.
   5.  SUCH LICENSE IS RENEWABLE ANNUALLY, TOGETHER WITH THE PAYMENT OF A
 NONREFUNDABLE FEE OF ONE HUNDRED FIFTY DOLLARS.
   6. THE COMMISSIONER MAY DECLINE TO GRANT OR RENEW, OR MAY  SUSPEND  OR
 REVOKE  AN  ANIMAL  SHELTER LICENSE, ON ANY ONE OR MORE OF THE FOLLOWING
 GROUNDS, PROVIDED THAT BEFORE ANY  OF  THE  AFOREMENTIONED  ACTIONS  ARE
 TAKEN  PURSUANT  TO THIS SECTION, THE COMMISSIONER SHALL HOLD A HEARING,
 UPON DUE NOTICE TO THE  LICENSEE  IN  ACCORDANCE  WITH  ANY  REGULATIONS
 PROMULGATED  BY THE DEPARTMENT AND IN ACCORDANCE WITH ARTICLES THREE AND
 FOUR OF THE STATE ADMINISTRATIVE PROCEDURE  ACT,  AND  PROVIDED  FURTHER
 THAT  ANY  ACTION OF THE COMMISSIONER IS SUBJECT TO JUDICIAL REVIEW IN A
 PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE  CIVIL  PRACTICE  LAW  AND
 RULES:
   (A) MATERIAL MISSTATEMENT IN THE LICENSE APPLICATION;
   (B)  MATERIAL  MISSTATEMENT IN OR FALSIFICATION OF RECORDS REQUIRED TO
 BE KEPT PURSUANT TO THIS ARTICLE, OR UNDER  ANY  REGULATION  PROMULGATED
 THEREUNDER,  OR  FAILURE TO ALLOW THE COMMISSIONER TO INSPECT RECORDS OR
 ANIMAL SHELTER FACILITIES;
   (C) VIOLATION OF ANY PROVISION OF THIS  ARTICLE  OR  CONVICTION  OF  A
 VIOLATION  OF  ANY  PROVISION  OF  ARTICLE TWENTY-SIX OF THIS CHAPTER OR
 REGULATIONS PROMULGATED THEREUNDER PERTAINING  TO  HUMANE  TREATMENT  OF
 ANIMALS,  CRUELTY  TO  ANIMALS,  ENDANGERING  THE  LIFE  OR HEALTH OF AN
 ANIMAL, OR VIOLATION OF ANY FEDERAL, STATE, OR LOCAL LAW  PERTAINING  TO
 THE  CARE,  TREATMENT,  SALE,  POSSESSION, OR HANDLING OF ANIMALS OR ANY
 REGULATION OR RULE RELATING TO THE ENDANGERMENT OF THE LIFE OR HEALTH OF
 AN ANIMAL;
   (D) FAILURE TO COMPLY WITH ANY OF THE PROVISIONS OF  THIS  ARTICLE  OR
 THE  LICENSING  EXEMPTION  REQUIREMENTS  OF SECTION FOUR HUNDRED OF THIS
 CHAPTER; 1 NYCRR PART 65 REGARDING THE IMPORTATION  OF  DOGS  AND  CATS;
 SECTION  TWENTY-ONE  HUNDRED  FORTY-ONE  OF THE PUBLIC HEALTH LAW OR ANY
 RULE OR REGULATION PROMULGATED THEREUNDER; OR  ANY  RULE  OR  REGULATION
 PROMULGATED  BY  THE  COMMISSIONER  FOLLOWING THE EFFECTIVE DATE OF THIS
 ARTICLE TO EFFECTUATE THE PURPOSES OF THIS ARTICLE;
   (E) FAILURE TO RENEW A LICENSE WITHIN THE PERIOD PRESCRIBED IN  SUBDI-
 VISION ONE OF THIS SECTION; OR
   (F) THE APPLICANT OR REGISTRANT WAS PREVIOUSLY LICENSED AS A PET DEAL-
 ER PURSUANT TO ARTICLE TWENTY-SIX-A OF THIS CHAPTER.
   §  413.  PERSONNEL  TRAINING  REQUIREMENTS.  1.  EACH  ANIMAL  SHELTER
 LICENSED PURSUANT TO THIS ARTICLE SHALL PROVIDE TRAINING  TO  ALL  STAFF
 MEMBERS  AND VOLUNTEERS HAVING DIRECT ANIMAL CARE RESPONSIBILITIES. SUCH
 TRAINING SHALL BE PROVIDED WITHIN THE FIRST SIXTY DAYS OF EMPLOYMENT AND
 AT LEAST ANNUALLY THEREAFTER AND SHALL BE IN ADDITION  TO  ANY  AND  ALL
 TRAINING  OTHERWISE  REQUIRED  BY  FEDERAL, STATE, OR LOCAL LAW OR REGU-
 LATION.
   2. ACCEPTABLE TRAINING MODALITIES SHALL INCLUDE, BUT  NOT  BE  LIMITED
 TO,  ONLINE WEBINARS, ON-SITE LECTURES OR SEMINARS, OFF-SITE CONFERENCES
 FOR ANIMAL SHELTER STAFF, OR OTHER FORMAL TRAINING MODALITIES AS AUTHOR-
 IZED BY THE COMMISSIONER.

 S. 8029                             7
 
   3. TRAINING TOPICS SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  FOLLOW-
 ING:
   (A) HUMANE HANDLING TECHNIQUES;
   (B) INFECTIOUS DISEASES COMMONLY FOUND IN ANIMAL SHELTERS;
   (C) ZOONOTIC DISEASES;
   (D) SANITATION PROCEDURES;
   (E)  BODY  LANGUAGE  AND  NORMAL  BEHAVIORS  FOR ALL SPECIES REGULARLY
 HANDLED; AND
   (F) REQUIRED DOCUMENTATION AND DATA ENTRY.
   4. COMPLETE DOCUMENTATION OF TRAINING SESSIONS SHALL BE MAINTAINED FOR
 A PERIOD OF NOT  LESS  THAN  THREE  YEARS  FROM  THE  DATE  OF  TRAINING
 COMPLETION. SUCH DOCUMENTATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
 FOLLOWING:
   (A) THE DATE OF TRAINING DELIVERY AND THE DATE OF COMPLETION;
   (B) THE TOPIC OR TOPICS OF THE TRAINING SESSION; AND
   (C) THE PROVIDER OF THE TRAINING AND A LIST OF TRAINING COURSE ATTEND-
 EES.
   § 414. RECORDKEEPING AND PROTOCOLS. 1. EACH ANIMAL SHELTER SHALL EXAM-
 INE  AN  ANIMAL UPON INTAKE FOR UNIQUE IDENTIFIERS AND ANY OTHER FORM OF
 IDENTIFICATION THAT MAY  ALLOW  FOR  REUNIFICATION  WITH  AN  OWNER,  AS
 PRESCRIBED  IN  SECTIONS ONE HUNDRED SEVENTEEN AND THREE HUNDRED EIGHTY-
 TWO OF THIS CHAPTER.   THE REDEMPTION  PERIODS  PRESCRIBED  PURSUANT  TO
 SECTIONS  ONE  HUNDRED  SEVENTEEN AND THREE HUNDRED SEVENTY-FOUR OF THIS
 CHAPTER SHALL NOT PRECLUDE TREATMENT TO  RELIEVE  SUFFERING,  WHICH  MAY
 INCLUDE  HUMANE  EUTHANASIA  DELIVERED  IN ACCORDANCE WITH SECTION THREE
 HUNDRED SEVENTY-FOUR OF THIS CHAPTER IF SUCH SUFFERING CANNOT  OTHERWISE
 BE ALLEVIATED.
   2.  EACH  ANIMAL  SHELTER  SHALL CREATE AND MAINTAIN A RECORD FOR EACH
 ANIMAL IN THEIR CUSTODY OR POSSESSION WHICH SHALL MINIMALLY INCLUDE:
   (A) UNIQUE IDENTIFIERS AND ANY OTHER  IDENTIFICATION  ASSOCIATED  WITH
 THE  ANIMAL  UPON  EXAMINATION  AT ENTRY, INCLUDING BUT NOT LIMITED TO A
 TATTOO, A PERMANENT OFFICIAL  IDENTIFICATION  NUMBER  AS  PRESCRIBED  IN
 SECTION ONE HUNDRED TWELVE OF THIS CHAPTER OR OTHER IDENTIFICATION TAGS,
 RABIES TAGS AND NUMBERS, OR A MICROCHIP NUMBER, IF PRESENT;
   (B)  THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON SURRENDERING
 AN ANIMAL OR FROM WHOM AN  ANIMAL  IS  SEIZED,  AND  ADDITIONAL  CONTACT
 INFORMATION  AS  THE  COMMISSIONER MAY REQUIRE, OR THE ADDRESS OR CROSS-
 STREETS AND CITY, TOWN, OR VILLAGE WHERE THE ANIMAL WAS LOCATED OR FOUND
 PRIOR TO INTAKE, IF KNOWN;
   (C) THE DATE OF INTAKE INTO AND DEPARTURE FROM THE ANIMAL SHELTER;
   (D) WHETHER THE ANIMAL  WAS  ADOPTED,  TRANSFERRED,  REDEEMED  BY  ITS
 OWNER,  DIED  OR  WAS HUMANELY EUTHANIZED, AND, IF APPLICABLE, THE NAME,
 ADDRESS, AND PHONE NUMBER OF THE RECEIVING INDIVIDUAL OR AGENCY;
   (E)  BASIC  DESCRIPTORS  INCLUDING  SPECIES,  AGE,  GENDER,   PHYSICAL
 DESCRIPTION  INCLUDING  COLOR, AND THE SPAY OR NEUTER STATUS AT ENTRY IF
 DETERMINABLE WITH REASONABLE CERTAINTY;
   (F) ANY AVAILABLE BEHAVIORAL OR HEALTH HISTORY OR  INFORMATION  OTHER-
 WISE  OBTAINED  AT INTAKE, INCLUDING BITE HISTORY AND RABIES VACCINATION
 STATUS, WHEN KNOWN; AND
   (G) ALL VETERINARY AND  BEHAVIORAL  EXAMINATIONS,  TREATMENTS,  PROCE-
 DURES,  OR MEDICATIONS OCCURRING DURING THE ANIMAL'S TIME UNDER THE CARE
 OF THE SHELTER.
   3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  OR  REGULATION  TO  THE
 CONTRARY,  RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR NOT LESS THAN
 THREE YEARS FROM THE DATE OF ANIMAL DEPARTURE.

 S. 8029                             8
 
   4. PREVIOUS BITE HISTORY SHALL BE FULLY DISCLOSED  IN  WRITING  TO  AN
 ADOPTER,  TRANSFER  PARTNER,  OR  RECLAIMING  OWNER  AND PROVIDED IN ANY
 REPORTS REGARDING THE ANIMAL, AS APPLICABLE.
   5.  NOTHING  IN  THIS  SECTION  SHALL  PRECLUDE OR OTHERWISE SUPERSEDE
 RECORD DISCLOSURE REQUIREMENTS PRESCRIBED IN SECTION SIXTY-SEVEN HUNDRED
 FOURTEEN  OF  THE  EDUCATION  LAW,  OR  ANY  REQUIREMENT  REGARDING  THE
 CREATION,  MAINTENANCE,  OR  RETENTION  OF VETERINARY MEDICAL RECORDS IN
 STATE OR FEDERAL LAW OR VETERINARY PRACTICE GUIDELINE.
   6. EACH ANIMAL SHELTER SHALL  MAINTAIN  A  RECORD  OF  ITS  DESIGNATED
 FOSTER  CARE PROVIDERS THAT SHALL INCLUDE EACH PROVIDER'S NAME, ADDRESS,
 TELEPHONE NUMBER, EMAIL ADDRESS IF AVAILABLE, TYPES OF ANIMALS FOR WHICH
 THE PROVIDER IS WILLING TO PROVIDE CARE, INSPECTION REPORTS, AND CURRENT
 NUMBER OF ANIMALS IN THE CARE OF  A  DESIGNATED  FOSTER  CARE  PROVIDER.
 SUCH  RECORDS  SHALL  BE  UPDATED  IMMEDIATELY  IN THE EVENT ANY CONTACT
 INFORMATION FOR A GIVEN FOSTER CARE PROVIDER CHANGES.
   7. EACH ANIMAL SHELTER SHALL MAINTAIN SUMMARY RECORDS OF  THEIR  TOTAL
 ANNUAL  ANIMAL  INTAKE AND DISPOSITIONS BY SPECIES, BY SOURCE OF INTAKE,
 AND BY TYPE OF DISPOSITION. SUCH RECORDS SHALL BE MADE AVAILABLE TO  THE
 COMMISSIONER  UPON  REQUEST.  THE  COMMISSIONER  SHALL MAKE SUCH RECORDS
 AVAILABLE TO THE PUBLIC UPON REQUEST PURSUANT  TO  ARTICLE  SIX  OF  THE
 PUBLIC OFFICERS LAW.
   8.  EACH  ANIMAL  SHELTER SHALL DEVELOP AND MAINTAIN WRITTEN PROTOCOLS
 SUFFICIENTLY DETAILED TO ACHIEVE AND MAINTAIN THE  STANDARDS  PRESCRIBED
 IN THIS SECTION. THESE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOW-
 ING:
   (A) ANIMAL HANDLING;
   (B) BEHAVIORAL ASSESSMENT;
   (C) ENRICHMENT AND STRESS REDUCTION;
   (D) MANAGEMENT OF BITE/SCRATCH CASES; AND
   (E) SANITATION.
   9.  EACH  ANIMAL SHELTER SHALL ALSO DEVELOP AND MAINTAIN THE FOLLOWING
 WRITTEN PROTOCOLS, APPROVED BY A DULY LICENSED VETERINARIAN  AND  SUFFI-
 CIENTLY  DETAILED  TO  ACHIEVE  AND MAINTAIN THE STANDARDS PRESCRIBED IN
 THIS ARTICLE:
   (A) NUTRITION AND FEEDING;
   (B) PHYSICAL EXAMINATION;
   (C) EMERGENCY VETERINARY CARE;
   (D) PAIN MANAGEMENT;
   (E) VACCINATIONS;
   (F) PARASITE CONTROL;
   (G) ANESTHESIA AND SURGERY, IF PERFORMED ON-SITE BY THE ORGANIZATION;
   (H) EUTHANASIA; AND
   (I) OUTBREAK MANAGEMENT/CONTROL OF INFECTIOUS DISEASES.
   10. PROTOCOLS ESTABLISHED BY EACH  ANIMAL  SHELTER  PURSUANT  TO  THIS
 SECTION  SHALL  BE  REVIEWED ANNUALLY AND UPDATED AS NECESSARY BY DESIG-
 NATED ADMINISTRATIVE AND MANAGERIAL STAFF. SUCH PROTOCOLS SHALL BE  MADE
 READILY ACCESSIBLE TO APPROPRIATE STAFF AND VOLUNTEERS.
   §  415. GENERAL FACILITY STANDARDS. 1. ALL FACILITIES AND ALL INTERIOR
 COMPONENTS OF EACH ANIMAL SHELTER SHALL BE CONSTRUCTED OF MATERIALS THAT
 ENSURE A SOUND PHYSICAL STRUCTURE, AND BE MAINTAINED SO  AS  TO  PROTECT
 ANIMALS  FROM INJURY, ENSURE CONTAINMENT OF ANIMALS WITHIN THE PROPERTY,
 AND RESTRICT UNAUTHORIZED ENTRY OF  OTHER  ANIMALS  AND  HUMANS  TO  THE
 BUILDING.
   2.  INDOOR  BUILDING  SURFACES IN DIRECT CONTACT WITH ANIMALS SHALL BE
 CONSTRUCTED OF MATERIALS THAT ARE NON-POROUS, WATER RESISTANT, NON-TOXIC

 S. 8029                             9
 
 AND ABLE TO WITHSTAND REGULAR CLEANING AND DISINFECTION. ADEQUATE DRAIN-
 AGE SHALL PREVENT THE ACCUMULATION OF WATER OR OTHER LIQUIDS ON FLOORS.
   3. ELECTRICAL POWER AND RUNNING WATER SHALL BE MAINTAINED TO ALL PARTS
 OF  THE  FACILITY  THAT  HOUSE ANIMALS, WITH WRITTEN EMERGENCY PLANS FOR
 BACK-UP SOURCES OR RELOCATION OF THE ANIMALS TO A  SAFE  ENVIRONMENT  IN
 THE EVENT OF OUTAGES LASTING MORE THAN FOUR HOURS.
   4.  READILY  ACCESSIBLE  SINKS  SHALL BE CONVENIENT TO ALL ANIMAL CARE
 AREAS. SINGLE SERVICE SOAP AND TOWELS OR ELECTRIC HAND DRYERS  SHALL  BE
 AVAILABLE AT ALL HAND-WASHING LOCATIONS.
   5.  AMBIENT  TEMPERATURES  IN ALL INDOOR ANIMAL HOUSING AREAS SHALL BE
 ROUTINELY MAINTAINED BETWEEN SIXTY AND EIGHTY DEGREES FAHRENHEIT.
   6. EACH ANIMAL SHALL BE MONITORED AND  PROVIDED  WITH  AN  ENVIRONMENT
 ALLOWING MAINTENANCE OF NORMAL BODY TEMPERATURE BASED ON SPECIES, BREED,
 BODY CONDITION, MEDICAL CONDITION, AND AGE.
   7.  EACH  ANIMAL  SHELTER  SHALL  DOCUMENT  REGULAR MAINTENANCE OF AIR
 HANDLING SYSTEMS ACCORDING TO THE MANUFACTURER'S RECOMMENDATIONS.
   8. AMMONIA LEVELS SHALL BE KEPT AT LESS THAN TWO PARTS PER MILLION.
   9. EACH ANIMAL SHELTER SHALL PROVIDE SEPARATE  HOUSING  AREAS,  SEGRE-
 GATED BY SPECIES AND FROM UNINFECTED, UNEXPOSED ANIMALS, FOR THE HOUSING
 OF  ANY ANIMAL WITH AN INFECTIOUS DISEASE THAT MAY BE TRANSMITTED WITHIN
 THE SHELTER ENVIRONMENT AND  REQUIRING  ISOLATION  AS  DETERMINED  BY  A
 LICENSED VETERINARIAN. DOORS SEPARATING SUCH ROOMS FROM THE REMAINDER OF
 THE FACILITY SHALL BE KEPT CLOSED.
   10.  EACH ANIMAL SHELTER SHALL MINIMIZE CONTINUOUS EXPOSURE OF PERSON-
 NEL AND ANIMALS TO SOUND LEVELS EXCEEDING EIGHTY-FIVE DECIBELS.   ACTIVE
 MEASURES SHALL BE TAKEN AND DOCUMENTED TO MINIMIZE SOUND LEVELS IN HOUS-
 ING  AREAS. SUCH MEASURES MAY INCLUDE MODIFIED KENNEL DESIGN, RELOCATION
 OF PARTICULARLY LOUD ANIMALS, OR USE OF VISUAL BARRIERS, SOUND BAFFLING,
 AND BEHAVIORAL ENRICHMENT PROTOCOLS. EACH ANIMAL  SHELTER  SHALL  USE  A
 DECIBEL-METER  AT A MINIMUM OF ONCE WEEKLY TO MEASURE THE LEVEL OF SOUND
 IN THEIR KENNELS DURING CLEANING AND RESTING TIMES.  A  RECORD  OF  SUCH
 MEASUREMENTS AND THE DATE SUCH MEASUREMENTS WERE RECORDED SHALL BE MAIN-
 TAINED BY EACH ANIMAL SHELTER.
   11.  EACH  ANIMAL  SHELTER  SHALL  PROVIDE  ANIMAL  HOUSING AREAS THAT
 PROVIDE ADEQUATE LIGHTING AND A MEANS TO MAINTAIN DIURNAL  LIGHT  CYCLES
 PURSUANT TO AN ESTABLISHED SCHEDULE. ALL ANIMALS SHALL HAVE A MINIMUM OF
 EIGHT HOURS EACH OF LIGHT AND DARKNESS WITHIN A TWENTY-FOUR-HOUR CYCLE.
   12.  EACH  ANIMAL  SHELTER SHALL ESTABLISH AND MAINTAIN A WRITTEN PLAN
 FOR PEST AND VERMIN CONTROL INCLUDING THE FOLLOWING:
   (A) METHOD OF CONTROLLING RODENT INFESTATION  THAT  IS  EFFECTIVE  AND
 SAFE FOR BOTH HUMANS AND OTHER ANIMALS HOUSED IN THE FACILITY;
   (B) A RECORD OR COPIES OF SERVICE REPORTS FROM OUTSIDE SERVICE PROVID-
 ERS  RELATED  TO  PEST AND VERMIN CONTROL THAT DOCUMENTS DATES, METHODS,
 LOCATIONS, AND OUTCOMES, IF APPLICABLE; AND
   (C) FOOD STORED  IN  RODENT  PROOF  CONTAINERS  TO  PREVENT  SPOILAGE,
 CONTAMINATION,  AND  INFESTATION  ONCE  OPENED,  IF  PACKAGING  HAS BEEN
 DAMAGED, OR AS OTHERWISE REQUIRED BY SUCH PLAN.
   13. THE USE OF UNATTENDED DROP BOXES FOR INTAKE OF ANIMALS IS  PROHIB-
 ITED.
   §  416.  ANIMAL HOUSING. 1. EACH LICENSED ANIMAL SHELTER SHALL PROVIDE
 EACH ANIMAL IN ITS CUSTODY OR POSSESSION WITH A SUITABLE PRIMARY  ENCLO-
 SURE THAT MEETS THE REQUIREMENTS PRESCRIBED IN THIS SECTION.
   2.  UNSUPERVISED  TETHERING  FOR  PERIODS  EXCEEDING THIRTY MINUTES IS
 PROHIBITED.
   3. ANIMAL HOUSING SHALL MEET THE FOLLOWING REQUIREMENTS:

 S. 8029                            10
 
   (A) MATERIALS USED IN HOUSING CONSTRUCTION SHALL BE NON-POROUS,  WATER
 RESISTANT,  NON-TOXIC, AND ABLE TO WITHSTAND REGULAR CLEANING AND DISIN-
 FECTION;
   (B)  DRAINAGE  SHALL PREVENT ACCUMULATION OF WATER OR OTHER LIQUIDS ON
 FLOORS; AND
   (C) HOUSING SHALL BE STRUCTURALLY SOUND, IN GOOD REPAIR AND MAINTAINED
 IN A SAFE, WORKING CONDITION TO PROPERLY CONFINE ANIMALS, PREVENT  INJU-
 RY,  KEEP ANIMALS SAFE FROM PREDATION, KEEP OTHER ANIMALS OUT, AND ALLOW
 ANIMALS TO REMAIN DRY AND CLEAN.
   4. WIRE OR SLAT-BOTTOM CAGES ARE PROHIBITED UNLESS  A  SOLID  TRAY  IS
 PROVIDED FOR THE CAGE BOTTOM TO PREVENT INJURY TO THE ANIMAL.
   5. ANIMAL POPULATIONS SHALL BE SEGREGATED APPROPRIATELY, IN ACCORDANCE
 WITH THE FOLLOWING REQUIREMENTS:
   (A)  DOGS AND CATS SHALL BE HOUSED IN SEPARATE ROOMS WITH EFFORTS MADE
 TO MINIMIZE THE EXPOSURE OF CATS TO THE BARKING OF DOGS;
   (B) ANIMALS OF THE SAME SPECIES SHALL BE SEPARATED BY AGE GROUPS (E.G.
 NEONATES AND JUVENILES; ADULTS)  EXCEPT  THAT  NURSING  ANIMALS  MAY  BE
 HOUSED WITH THEIR OFFSPRING;
   (C)  ANIMALS  WITH  KNOWN  OR  SUSPECTED  INFECTIOUS DISEASES SHALL BE
 HOUSED IN ISOLATION AREAS AS PRESCRIBED IN SUBDIVISION NINE  OF  SECTION
 FOUR HUNDRED-FIFTEEN OF THIS ARTICLE;
   (D)  NOTHING  IN  THIS  SUBDIVISION  SHALL BE CONSTRUED TO PREVENT THE
 TEMPORARY HOUSING OF ANIMALS  IN  AREAS  WITHOUT  SUCH  SEGREGATION  FOR
 MEDICAL CARE AND IN PRE- AND POST-OPERATIVE SURGICAL AREAS.
   6.  WELL-SOCIALIZED,  HEALTHY  ANIMALS  MAY BE HOUSED WITH ONE OR MORE
 CONSPECIFICS. ANIMALS HOUSED TOGETHER SHALL BE COMPATIBLE AND HAVE SIMI-
 LAR ENVIRONMENTAL REQUIREMENTS. SUCH HOUSING SHALL NOT ALLOW EXPOSURE TO
 NUMEROUS DIFFERENT ANIMALS ON A FREQUENTLY CHANGING BASIS.
   7. PRIOR TO BEING HOUSED WITH ONE OR MORE OTHER ANIMALS THE  FOLLOWING
 CONDITIONS SHALL APPLY:
   (A)  ALL  ANIMALS  ARE  VACCINATED  AND DEWORMED AGAINST THE PATHOGENS
 SPECIFIED IN SECTION FOUR HUNDRED TWENTY OF THIS ARTICLE;
   (B) PHYSICAL EXAMINATIONS VERIFYING THE ABSENCE OF CLINICAL  SIGNS  OF
 INFECTIOUS DISEASES HAVE BEEN PERFORMED;
   (C)  SURGICAL  STERILIZATION  OR HOUSING IN SAME-SEX GROUPINGS, EXCEPT
 LITTERMATES UNDER TWELVE WEEKS OF AGE; AND
   (D) THE ANIMAL HAS A COLLAR OR TAG TO  FACILITATE  VISUAL  IDENTIFICA-
 TION,  UNLESS  THE ANIMAL'S AGE OR CONDITION IS SUCH THAT APPLICATION OF
 VISUAL IDENTIFICATION IS NOT PRACTICABLE OR WOULD BE DETRIMENTAL TO  THE
 ANIMAL'S HEALTH.
   8.  ANIMALS THAT ARE POORLY SOCIALIZED, FEARFUL, OR AGGRESSIVE TOWARDS
 OTHER ANIMALS OR THAT ARE ILL, INJURED, OR WITHIN A WEEK OF WHELPING  OR
 QUEENING  SHALL  BE  HOUSED  INDIVIDUALLY  IN A SUITABLY SIZED, ENRICHED
 PRIMARY ENCLOSURE.
   (A) LITTERMATES UNDER THE AGE OF TWELVE WEEKS MAY BE CO-HOUSED  IN  AN
 ISOLATION AREA IF ALL INDIVIDUALS ARE INFECTED WITH THE SAME INFECTIOUS,
 CONTAGIOUS, PARASITIC OR COMMUNICABLE DISEASE.
   (B)  DOGS  AND  CATS WITHIN A WEEK OF GIVING BIRTH OR UNTIL SEPARATION
 FROM THE OFFSPRING SHALL BE PROVIDED WITH A BOX WITH A SOLID FLOOR LARGE
 ENOUGH TO ALLOW THE ANIMAL TO LIE FULLY STRETCHED ON ITS  SIDE,  PERMIT-
 TING  ALL  OFFSPRING  TO  NURSE  AND  TO ACCOMMODATE ALL OFFSPRING UNTIL
 WEANED; AND AN AREA LARGE ENOUGH TO ALLOW THE DAM OR QUEEN TO LEAVE  THE
 WHELPING BOX.
   9. EACH ENCLOSURE SHALL CLEARLY INDICATE THE IDENTITIES OF ALL ANIMALS
 CONTAINED WITHIN, SPECIFYING EACH ANIMAL'S UNIQUE IDENTIFIER AS REQUIRED

 S. 8029                            11
 
 UNDER  SECTION  FOUR HUNDRED FOURTEEN OF THIS ARTICLE. EACH ANIMAL SHALL
 ALSO BE INDIVIDUALLY IDENTIFIED.
   10.  ALL  PRIMARY  ENCLOSURES  SHALL PROVIDE SUFFICIENT SPACE TO ALLOW
 EACH ANIMAL, REGARDLESS OF SPECIES, TO:
   (A) MAKE ALL NORMAL POSTURAL ADJUSTMENTS;
   (B) FULLY STRETCH ITS BODY AND HAVE SUFFICIENT  ROOM  TO  CIRCLE,  LIE
 DOWN,  AND  STAND UPRIGHT WITHOUT THE HEAD OR TAIL TOUCHING THE SIDES OF
 THE ENCLOSURE EVEN WITH THE PRESENCE OF  WATER  AND  FOOD  BOWLS,  BEDS,
 LITTER BOXES, AND OTHER NORMAL CAGE OBJECTS; AND
   (C)  ALLOW  ANIMALS  TO  SIT,  SLEEP  AND EAT AWAY FROM AREAS OF THEIR
 ENCLOSURE WHERE THEY DEFECATE AND URINATE.
   11. ANY PRIMARY ENCLOSURE HOUSING TWO OR MORE  ANIMALS  SHALL  PROVIDE
 THE FOLLOWING:
   (A)  SUFFICIENT  SPACE AND QUALITY OF ENVIRONMENT TO ALLOW ALL ANIMALS
 TO MAINTAIN SOCIAL DISTANCES;
   (B) ADEQUATE AREAS FOR HIDING, RESTING, FEEDING, AND ELIMINATION  WITH
 SUFFICIENT  SPACE  TO  SEPARATE AREAS AND THE ABILITY FOR ALL ANIMALS TO
 ACCESS THOSE AREAS.
   12. REGARDLESS OF THE SIZE OF THE PRIMARY  ENCLOSURE,  THE  NUMBER  OF
 ANIMALS COHOUSED IN A PRIMARY ENCLOSURE AT ONE TIME SHALL NOT EXCEED THE
 FOLLOWING THRESHOLDS:
   (A) TWELVE ADULT CATS;
   (B) TWO LITTERS OF KITTENS NOT TO EXCEED TEN KITTENS TOTAL;
   (C) FIVE ADULT DOGS; OR
   (D) ONE LITTER OF PUPPIES.
   13.  PUPPIES  AND  KITTENS LESS THAN SIXTEEN WEEKS OF AGE SHALL NOT BE
 HOUSED IN THE SAME ENCLOSURE WITH ADULTS OTHER THAN THEIR DAM OR  QUEEN,
 OR FOSTER OR SURROGATE DAM OR QUEEN.
   14.  ALL  ANIMALS  HOUSED WITH ONE OR MORE CONSPECIFICS SHALL BE SEPA-
 RATED FOR FEEDING OR OBSERVED AT FEEDING TIMES FOR  ANTAGONISTIC  INTER-
 ACTIONS THAT POSE A SAFETY AND WELFARE CONCERN.
   15.  ANIMALS  SHALL  NOT BE HOUSED OUTDOORS FOR MORE THAN TWELVE HOURS
 WITHIN A TWENTY-FOUR-HOUR PERIOD, WITH  THE  EXCEPTION  OF  FREE-ROAMING
 CATS UNDER THE CARE OF THE ANIMAL SHELTER.
   16.  OUTDOOR PRIMARY ENCLOSURES SHALL COMPLY WILL ALL HOUSING REQUIRE-
 MENTS PRESCRIBED IN THIS SECTION AND SHALL PROVIDE THE FOLLOWING:
   (A) PROTECTION FROM THE ELEMENTS AT ALL TIMES;
   (B) ADEQUATE DRAINAGE TO PREVENT THE ACCUMULATION OF EXCESS  WATER  IN
 OR AROUND THE ENCLOSURES;
   (C)  A  MOISTURE-PROOF,  INSULATED  SHELTER  STRUCTURE LARGE ENOUGH TO
 SIMULTANEOUSLY ACCOMMODATE ALL ANIMALS IN THE ENCLOSURE, UNLESS  IMMEDI-
 ATE ENTRY TO AN INDOOR PORTION OF THE ENCLOSURE IS ACCESSIBLE;
   (D)  SECURITY FROM UNAUTHORIZED ENTRY OF OTHER ANIMALS INTO THE ENCLO-
 SURE;
   (E) A SEPARATE, SHADED AREA SUFFICIENT TO  SIMULTANEOUSLY  ACCOMMODATE
 ALL  ANIMALS,  EXCEPT  WHEN  ANIMALS  HAVE IMMEDIATE ACCESS TO AN INDOOR
 PORTION OF THE ENCLOSURE;
   (F) CLEAN DRY BEDDING AT ALL TIMES AND A HEAT SOURCE WHEN THE  OUTDOOR
 TEMPERATURE FALLS BELOW FIFTY DEGREES FAHRENHEIT; AND
   (G)  ENCLOSURES  THAT  ALLOW  OUTDOOR  ACCESS  FOR CATS SHALL BE FULLY
 ENCLOSED TO PREVENT ESCAPE FROM THE ENCLOSURE.
   17. FOR ANY ANIMAL IN THE CUSTODY OR POSSESSION OF ANY ANIMAL  SHELTER
 FOR  FOURTEEN  DAYS  OR LONGER, ALTERNATIVE HOUSING SHALL BE PROVIDED IN
 ONE OF THE FOLLOWING FORMATS:
   (A) ENRICHED CAGES AT LEAST TWICE THE SIZE OTHERWISE REQUIRED  FOR  AN
 ANIMAL'S SIZE;

 S. 8029                            12
 
   (B)  FOSTER CARE IN A PRIVATE HOME, OFFICE, OR OTHER SUITABLE OFF-SITE
 LOCATION; OR
   (C) ROOM HOUSING.
   §  417.  SANITATION.  1.  ANY ANIMAL SHELTER LICENSED PURSUANT TO THIS
 ARTICLE SHALL ESTABLISH AND MAINTAIN SANITATION PROTOCOLS  THAT  INCLUDE
 THE FOLLOWING:
   (A)  USE  OF  ONE  OR  MORE AGENTS THAT HAVE CLEANING AND DISINFECTANT
 PROPERTIES THAT ARE EFFECTIVE UNDER CONDITIONS PRESENT IN A GIVEN  ENVI-
 RONMENT  AND  WITH  DEMONSTRATED EFFECTIVENESS AGAINST THE PATHOGENS FOR
 WHICH ANIMALS ARE AT RISK;
   (B) REMOVAL OF ANIMALS FROM ENCLOSURES AND PLACEMENT IN ANOTHER APPRO-
 PRIATE ENCLOSURE OR SEPARATION FROM THE AREA  BEING  CLEANED  OR  DISIN-
 FECTED  BY  A  GUILLOTINE  OR  COMPARTMENT DOOR WHEN WATER, CLEANING, OR
 DISINFECTING AGENTS ARE SPRAYED IN OR NEAR AN ANIMAL'S ENCLOSURE;
   (C) DEDICATED EQUIPMENT FOR CLEANING AND DISINFECTION FOR USE IN  EACH
 SEPARATE  AREA  OF THE SHELTER DESIGNATED AS CAT OR DOG ISOLATION, HOLD-
 ING, ADOPTIONS OR OTHER FUNCTIONALLY SEPARATE AREAS WITHIN THE FACILITY;
   (D) CLEANING AND  DISINFECTING  IN  BETWEEN  EACH  USE  OF  ITEMS  AND
 SURFACES  THAT COME INTO CONTACT WITH ANIMALS, INCLUDING BUT NOT LIMITED
 TO FOOD AND WATER BOWLS, LITTER BOXES AND EXAM TABLES, OR PROCEDURES  TO
 DISCARD AND REPLACE WITH NEW ITEMS FOR EACH ANIMAL;
   (E)  CLEANING  AND DISINFECTING ALL ENCLOSURES FOR TEMPORARY OR PERMA-
 NENT HOUSING BEFORE A NEW ANIMAL ENTERS SUCH ENCLOSURE;
   (F) DAILY CLEANING AND AT LEAST ONCE WEEKLY DISINFECTING OF ENCLOSURES
 THAT HOUSE THE SAME ANIMAL OR ANIMALS DURING A LONG-TERM STAY;
   (G) CLEANING AND DISINFECTING ENCLOSURES WHEN  THE  ENCLOSURE  BECOMES
 HEAVILY SOILED OR OTHERWISE CONTAMINATED OR A NEW ANIMAL IS ADDED TO THE
 ENCLOSURE;
   (H)  LAUNDERING OF ALL ANIMAL BEDDING IN A MACHINE WITH DETERGENT WHEN
 SOILED AND THOROUGHLY DRYING SUCH BEDDING BEFORE REUSE, OR REMOVING  AND
 DISPOSING OF SUCH BEDDING APPROPRIATELY;
   (I)  CLEANING  OF OUTDOOR PREMISES FROM CLUTTER THAT MAY POSE A SAFETY
 CONCERN AND FECAL MATERIAL REMOVED AT LEAST ONCE DAILY;
   (J) APPROPRIATE USE AND DISPOSAL OF PROTECTIVE  GARMENTS  WORN  DURING
 CLEANING AND OTHER INTENSIVE ANIMAL-HANDLING ACTIVITIES WITHIN AN ANIMAL
 SHELTER,  INCLUDING  BUT NOT LIMITED TO TREATMENT OF INFECTED ANIMALS OR
 HUMANE EUTHANASIA; AND
   (K) PROPER HYGIENE OF SHELTER STAFF, VOLUNTEERS, AND VISITORS, INCLUD-
 ING SIGNAGE, SUPERVISION, AND HAND SANITATION.
   § 418. POPULATION MANAGEMENT. 1. EACH  ANIMAL  SHELTER  SHALL  HAVE  A
 CLEAR,  WRITTEN,  MANAGEMENT  STRUCTURE  THAT  DEFINES  STAFF AUTHORITY,
 REPORTING STRUCTURE AND RESPONSIBILITIES, AND IS READILY  ACCESSIBLE  TO
 ALL STAFF AND VOLUNTEERS.
   2.  STAFFING  SHALL  BE SUFFICIENT TO ALLOW ADEQUATE TIME, PER ANIMAL,
 FOR CLEANING AND DAILY FEEDING, AND TO MEET THE MINIMUM REQUIREMENTS FOR
 SOCIALIZATION AND EXERCISE OF ANIMALS  AS  PRESCRIBED  IN  SECTION  FOUR
 HUNDRED TWENTY-ONE OF THIS ARTICLE.
   3. THE TOTAL NUMBER OF ANIMALS HOUSED IN AN ANIMAL SHELTER FACILITY OR
 FOSTER  HOME  SHALL NOT EXCEED THE NUMBER OF HUMANE HOUSING UNITS AVAIL-
 ABLE AT THE FACILITY AS REQUIRED BY SECTION FOUR HUNDRED SIXTEEN OF THIS
 ARTICLE; PROVIDED, HOWEVER, THAT EXCEPTIONS TO THE  PROVISIONS  OF  THIS
 SUBDIVISION  SHALL  BE  PERMISSIBLE FOR PERIODS NOT TO EXCEED FORTY-FIVE
 CONTIGUOUS DAYS IN THE EVENT OF AN ANIMAL SEIZURE  PURSUANT  TO  ARTICLE
 TWENTY-SIX  OF  THIS  CHAPTER  OR  A  NATURAL DISASTER WHERE AN OFFICIAL
 DECLARATION OF THE DISASTER OR EMERGENCY HAS BEEN MADE.

 S. 8029                            13
 
   4. ALL ANIMALS SHALL BE OBSERVED DAILY BY A  MANAGER  OR  DESIGNEE  TO
 IDENTIFY EACH ANIMAL'S NEEDS FOR CARE, HOUSING AND SERVICE AND TO ENSURE
 THAT  EACH  ANIMAL HAS A PLAN TO ADVANCE EFFICIENTLY THROUGH THE SHELTER
 TO A FINAL DISPOSITION.
   § 419. ANIMAL HUSBANDRY. 1. (A) EACH ANIMAL SHELTER SHALL PROVIDE EACH
 ANIMAL  UNDER  ITS  CARE  WITH  FRESH, POTABLE WATER AT ALL TIMES UNLESS
 OTHERWISE DIRECTED BY A DULY LICENSED VETERINARIAN.
   (B) EACH ANIMAL SHELTER SHALL  FEED  EACH  ANIMAL  UNDER  ITS  CARE  A
 COMPLETE AND NUTRITIONALLY BALANCED, SPECIES-SPECIFIC AND LIFE-STAGE-AP-
 PROPRIATE  DIET  AS  INDICATED  BY THE ANIMAL'S AGE, WEIGHT, AND MEDICAL
 HEALTH, OR AS DIRECTED BY A DULY  LICENSED  VETERINARIAN  IN  ACCORDANCE
 WITH  THE WRITTEN PROTOCOLS REQUIRED BY SECTION FOUR HUNDRED FOURTEEN OF
 THIS ARTICLE.
   (C) FOOD SHALL BE PROVIDED AT LEAST ONCE DAILY FOR ADULT  ANIMALS,  AT
 LEAST  TWICE DAILY FOR ANIMALS LESS THAN SIX MONTHS OF AGE, AND AT LEAST
 THREE TIMES DAILY FOR ANIMALS LESS THAN TWO MONTHS OF AGE.
   (D) PERISHABLE ANIMAL FOOD SHALL BE REFRIGERATED.
   (E) ANIMAL FOOD AND WATER CONTAINERS SHALL BE  PRESENT  IN  SUFFICIENT
 NUMBER  AND  LOCATION  TO  SAFELY ENABLE EACH ANIMAL IN THE ENCLOSURE TO
 ACCESS AN ADEQUATE SUPPLY OF FOOD AND WATER. FOOD AND WATER BOWLS  SHALL
 BE  OF THE TYPE THAT CAN BE EASILY SANITIZED, BE KEPT CLEAN AND SHALL BE
 CLEANED AND DISINFECTED PRIOR TO  USE  BY  A  DIFFERENT  ANIMAL,  UNLESS
 DISPOSABLE BOWLS ARE USED AND REPLACED BETWEEN ANIMALS.
   (F)  EACH  ANIMAL  SHALL  BE OBSERVED DURING OR FOLLOWING EACH FEEDING
 TIME TO ENSURE DAILY FOOD INTAKE, OR AT  LEAST  ONCE  EVERY  TWENTY-FOUR
 HOURS  FOR  ANIMALS CONTINUALLY OFFERED FOOD. SUCH OBSERVATIONS SHALL BE
 RECORDED.
   2. (A) HUMANE AND SAFE PHYSICAL RESTRAINT TO LIMIT SOME OR ALL  NORMAL
 VOLUNTARY  MOVEMENT  OF  ANY  ANIMAL IN EACH ANIMAL SHELTER'S CARE SHALL
 MINIMIZE FEAR, PAIN, STRESS AND SUFFERING FOR THE ANIMAL,  PROTECT  BOTH
 THE  ANIMAL  AND  PERSONNEL FROM HARM, AND BE OF THE LEAST INTENSITY AND
 DURATION REQUIRED TO ALLOW THE SPECIFIC PROCEDURE OR  PROCEDURES  TO  BE
 PERFORMED PROPERLY.
   (B)  (I) FRIGHTENED OR FRACTIOUS ANIMALS MAY BE APPROPRIATELY TRANQUI-
 LIZED, UNDER THE ORDERS AND SUPERVISION OF A DULY LICENSED VETERINARIAN,
 IF THEY CANNOT BE RESTRAINED SAFELY AND HUMANELY.
   (II) NO PHYSICAL FORCE SHALL BE USED AS PUNISHMENT OR IN ANGER.
   (III) HANDLING METHODS SHALL MINIMIZE THE CHANCE OF ESCAPE AND  ENSURE
 THE SAFETY OF BOTH HUMANS AND ANIMALS.
   (C)  RESTRAINT DEVICES AND HANDLING TECHNIQUES EMPLOYED BY EACH ANIMAL
 SHELTER SHALL BE USED IN A MANNER THAT MINIMIZES ANIMAL STRESS AND  RISK
 OF  INJURY  TO BOTH ANIMALS AND PERSONNEL, IN THE EVENT SUCH DEVICES AND
 TECHNIQUES ARE NECESSARY FOR THE SAFE HANDLING OF THE ANIMAL.
   (I) ALL EQUIPMENT SHALL BE MAINTAINED IN GOOD WORKING ORDER.
   (II) CATS SHALL NOT BE RESTRAINED WITH CONTROL  POLES.  HUMANE  TRAPS,
 CAT  BOXES,  NETS,  TOWELS,  OR OTHER EQUIPMENT APPROPRIATE FOR HANDLING
 FRACTIOUS ANIMALS MAY BE USED. SQUEEZE CAGES, FERAL CAT BOXES, OR HUMANE
 TRAPS WITH DIVIDERS SHALL BE USED FOR RESTRAINING CATS AND ADMINISTERING
 TRANQUILIZERS PRIOR TO HANDLING.
   § 420. VETERINARY CARE. 1.  PRESCRIPTION  MEDICATIONS  AND  TREATMENTS
 SHALL  BE ADMINISTERED BY EACH ANIMAL SHELTER UNDER THE ADVISEMENT OF OR
 IN ACCORDANCE WITH WRITTEN PROTOCOLS PROVIDED BY A DULY LICENSED VETERI-
 NARIAN.
   2. ALL DRUGS SHALL BE DOCUMENTED AND DISPENSED BY EACH ANIMAL  SHELTER
 IN  ACCORDANCE  WITH APPLICABLE LOCAL, STATE, AND FEDERAL LAWS AND REGU-
 LATIONS.

 S. 8029                            14
 
   3. ALL INCOMING ANIMALS SHALL  BE  ASSESSED  WITHIN  TWO  HOURS  AFTER
 INTAKE  BY  A  TRAINED  ANIMAL  SHELTER STAFF MEMBER TO DETERMINE IF ANY
 PHYSICAL ABNORMALITIES EXIST THAT REQUIRE IMMEDIATE VETERINARY ATTENTION
 IN ACCORDANCE WITH THE SHELTER'S WRITTEN PROTOCOL FOR EMERGENCY CARE.
   4.  EACH  ANIMAL SHELTER SHALL HAVE THE ABILITY TO PROVIDE FOR VETERI-
 NARY ASSESSMENT AND HUMANE  CARE  OR  EUTHANASIA  IN  A  TIMELY  FASHION
 THROUGH IN-HOUSE FACILITIES OR AT AN OFF-SITE LOCATION.
   5.  AN  EMERGENCY  MEDICAL PLAN SHALL BE ESTABLISHED AND MAINTAINED BY
 EACH ANIMAL SHELTER TO PROVIDE APPROPRIATE AND  TIMELY  VETERINARY  CARE
 FOR  ANY ANIMAL THAT IS IN DISTRESS, EXPERIENCING PAIN, OR SHOWING SIGNS
 OF SIGNIFICANT ILLNESS OR INJURY.
   6. EACH ANIMAL SHELTER SHALL RECOGNIZE AND  TREAT  ACUTE  AND  CHRONIC
 PAIN  APPROPRIATELY.  THE  LEGAL  STATUS  REGARDING THE OWNERSHIP OF ANY
 ANIMAL SHALL NOT PREVENT  TREATMENT  TO  RELIEVE  SUFFERING,  WHICH  MAY
 INCLUDE  HUMANE  EUTHANASIA  DELIVERED  IN ACCORDANCE WITH SECTION THREE
 HUNDRED SEVENTY-FOUR OF THIS CHAPTER IF SUFFERING  CANNOT  OTHERWISE  BE
 ALLEVIATED.
   7.  EACH  ANIMAL SHELTER SHALL PROVIDE A COMPLETE PHYSICAL EXAMINATION
 OF ALL ANIMALS IN ITS CUSTODY OR POSSESSION  BY  TRAINED  SHELTER  STAFF
 WITHIN  TWENTY-FOUR  HOURS  OF  INTAKE TO IDENTIFY MEDICAL OR BEHAVIORAL
 CONDITIONS THAT REQUIRE  FURTHER  EVALUATION  AND  CARE.  ANIMALS  SHALL
 SPECIFICALLY  BE EXAMINED FOR BITE WOUNDS; ANIMALS THAT HAVE POTENTIALLY
 BEEN EXPOSED TO RABIES SHALL BE MANAGED IN  ACCORDANCE  WITH  APPLICABLE
 LOCAL  AND  STATE LAWS. EACH ANIMAL SHELTER SHALL COMPLY WITH THE RABIES
 REPORTING REQUIREMENTS PRESCRIBED IN 10 NYCRR 2.14.
   8. EACH ANIMAL SHELTER SHALL VACCINATE EACH ANIMAL IN ITS  CUSTODY  OR
 POSSESSION  WITHIN  TWELVE  HOURS OF INTAKE WITH CORE VACCINES AS RECOM-
 MENDED BY NATIONAL STANDARDS AND GUIDELINES SPECIFIC TO ANIMAL  SHELTERS
 AS  ESTABLISHED,  ENDORSED  OR  APPROVED  BY THE AMERICAN ASSOCIATION OF
 FELINE  PRACTITIONERS  (AAFP),  AMERICAN  ANIMAL  HOSPITAL   ASSOCIATION
 (AAHA), OR THE ASSOCIATION OF SHELTER VETERINARIANS (ASV).
   9.  EACH  ANIMAL  SHELTER SHALL PROVIDE ALL DOGS, CATS, AND FERRETS IN
 ITS CUSTODY OR POSSESSION WITH A RABIES VACCINATION PRIOR TO RELEASE  IN
 ACCORDANCE  WITH  LOCAL PUBLIC HEALTH LAWS. EACH ANIMAL SHELTER SHALL BE
 IN COMPLIANCE AT ALL TIMES WITH SECTION ONE HUNDRED NINE OF THIS CHAPTER
 AND TITLE FOUR OF ARTICLE TWENTY-ONE OF THE PUBLIC HEALTH LAW.
   10. AT A MINIMUM, EACH ANIMAL SHELTER SHALL TREAT ALL ANIMALS  IN  ITS
 CUSTODY  OR  POSSESSION  FOR  HOOKWORMS  AND ROUNDWORMS PRIOR TO RELEASE
 AND/OR PLACEMENT IN FOSTER CARE.
   11. WHEN A PHYSICAL OR BEHAVIORAL ABNORMALITY  IS  IDENTIFIED  AT  THE
 TIME  OF  INTAKE  OR AT ANY TIME DURING ANY ANIMAL'S SHELTER STAY, STAFF
 MEMBERS SHALL FOLLOW WRITTEN MEDICAL PROTOCOLS TO DETERMINE IF AND  WHEN
 ANY  ANIMAL  IN ITS CUSTODY OR POSSESSION NEEDS TO BE EXAMINED BY A DULY
 LICENSED VETERINARIAN. IF THE ANIMAL IS IN FOSTER CARE, THE FOSTER  CARE
 PROVIDER SHALL FOLLOW WRITTEN MEDICAL PROTOCOLS TO DETERMINE WHETHER THE
 ANIMAL NEEDS TO BE EXAMINED BY A DULY LICENSED VETERINARIAN.
   12.  ANY ANIMAL IN THE CUSTODY OR POSSESSION OF ANY ANIMAL SHELTER FOR
 MORE THAN THIRTY DAYS SHALL BE EXAMINED AND WEIGHED AT LEAST MONTHLY  BY
 A  TRAINED  STAFF  MEMBER.  ANIMALS IN FOSTER CARE SHALL BE EXAMINED AND
 WEIGHED AT LEAST ONCE EVERY SIX MONTHS BY A TRAINED STAFF MEMBER.
   13. ANY APPARENTLY HEALTHY ANIMAL  REMAINING  WITHIN  THE  CUSTODY  OR
 POSSESSION  OF  ANY  ANIMAL SHELTER SHALL BE EXAMINED BY A DULY LICENSED
 VETERINARIAN AT LEAST EVERY SIX MONTHS, OR MORE FREQUENTLY  IF  PROBLEMS
 ARE IDENTIFIED.
   14.  EACH  ANIMAL  SHELTER  SHALL  PROVIDE REGULAR GROOMING TO PREVENT
 DISCOMFORT OR INJURY TO  EACH  ANIMAL  IN  ITS  CUSTODY  OR  POSSESSION.

 S. 8029                            15
 
 MATTED,  SOILED,  OR  OTHERWISE  UNKEMPT  ANIMALS SHALL BE PROVIDED WITH
 TIMELY GROOMING  TO  ALLEVIATE  DISCOMFORT  AND  PREVENT  INJURY  WITHIN
 FORTY-EIGHT  HOURS  OF  INTAKE  OR  IDENTIFICATION  OF CONDITION. SEVERE
 MATTING  THAT  PREVENTS  NORMAL  MOVEMENT,  AN  ANIMAL'S ABILITY TO EAT,
 DRINK, URINATE, OR DEFECATE, OR THAT COMPROMISES TISSUE HEALTH SHALL  BE
 TREATED AS A MEDICAL EMERGENCY REQUIRING IMMEDIATE CARE.
   15. (A) NO ANIMAL SHELTER SHALL RELEASE ANY DOG OR CAT FOR ADOPTION TO
 ANY  PERSON  UNLESS  IT IS FOUND THAT BECAUSE OF OLD AGE OR OTHER HEALTH
 REASONS, AS CERTIFIED BY A DULY LICENSED VETERINARIAN EXAMINING SUCH DOG
 OR CAT, SPAYING OR NEUTERING WOULD ENDANGER THE ANIMAL'S LIFE.
   (B) PRIOR TO PERFORMING SPAY/NEUTER SURGERY AT ANY ANIMAL SHELTER:
   (I) ALL ANIMALS IN SUCH SHELTER'S CUSTODY OR POSSESSION SHALL  RECEIVE
 AN  EXAMINATION BY A DULY LICENSED VETERINARIAN WITHIN TWENTY-FOUR HOURS
 OF SURGERY AND ANESTHESIA.  SUCH  EXAMINATION  MAY  BE  PERFORMED  UNDER
 SEDATION  OR ANESTHESIA IF, DUE TO THE ANIMAL'S BEHAVIOR, AN EXAMINATION
 IS NOT POSSIBLE WHILE AWAKE.
   (II)  BALANCED  ANESTHETIC  PROTOCOLS  THAT  INCLUDE   SEDATION,   THE
 PROVISION OF PRE- AND POST-OPERATIVE ANALGESIA, STRESS REDUCTION, MUSCLE
 RELAXATION  AND  CONTROLLED,  REVERSIBLE  LOSS OF CONSCIOUSNESS SHALL BE
 UTILIZED FOR ALL ANIMALS.
   (III) WHILE SURGERY IS BEING PERFORMED, THE OPERATING  AREA  SHALL  BE
 DEDICATED  TO SURGERY AND CONTAIN THE NECESSARY EQUIPMENT FOR ANESTHESIA
 AND PATIENT MONITORING.
   (IV) ASEPTIC SURGICAL TECHNIQUE SHALL BE REQUIRED, AND SEPARATE  STER-
 ILE  INSTRUMENTS  SHALL  BE  USED  FOR EACH PATIENT. ALL INSTRUMENTS AND
 EQUIPMENT SHALL BE MAINTAINED IN PROPER WORKING CONDITION.
   (V) A PERMANENT TATTOO SHALL BE PLACED ON THE VENTRAL ABDOMEN OF SHEL-
 TER-OWNED CATS AND DOGS AT THE TIME OF SPAY OR NEUTER.
   (VI) EACH ANIMAL SHELTER SHALL PROVIDE ADOPTIVE OWNERS INSTRUCTIONS IN
 BOTH WRITTEN AND VERBAL FORMS FOR TEN-DAY POST-OPERATIVE CARE OF RECENT-
 LY SPAYED OR NEUTERED ANIMALS.
   (C) WRITTEN PROTOCOLS SHALL BE IN PLACE TO HANDLE RELATED  POST-OPERA-
 TIVE EMERGENCIES.
   § 421. BEHAVIOR. 1. EACH ANIMAL SHELTER SHALL TAKE MEASURES, BY WAY OF
 WRITTEN  QUESTIONNAIRE,  PERSONAL INTERVIEW OR OTHER MEANS DEEMED NECES-
 SARY BY THE COMMISSIONER, TO  COLLECT  A  BEHAVIORAL  HISTORY  FOR  EACH
 ANIMAL IN ITS CUSTODY OR POSSESSION AT THE TIME OF INTAKE.
   2.  THE  SIZE  AND  DESIGN  OF  THE  PRIMARY  ENCLOSURE SHALL MEET THE
 ANIMAL'S BEHAVIORAL NEEDS AND ALLOW FOR THE PERFORMANCE OF  SPECIES-SPE-
 CIFIC NORMAL BEHAVIORS.
   3.  ROUTINE  CARE  AND  HANDLING  OF  ANY  ANIMAL  IN  THE  CUSTODY OR
 POSSESSION OF EACH ANIMAL SHELTER,  INCLUDING  THE  TIMING  OF  FEEDING,
 SANITATION  PROCEDURES, AND SOCIALIZATION, SHALL BE PERFORMED ON A REGU-
 LAR DAILY SCHEDULE.
   4. AT LEAST TEN MINUTES OF POSITIVE SOCIAL INTERACTIONS,  IN  ADDITION
 TO  TIME SPENT PROVIDING FEEDING, CLEANING, BASIC HUSBANDRY OR CARE WITH
 PEOPLE SHALL BE PROVIDED BY EACH ANIMAL SHELTER ON A DAILY BASIS FOR ANY
 ANIMAL IN SUCH SHELTER'S CUSTODY OR POSSESSION EXCEPT  THOSE  SO  POORLY
 SOCIALIZED TO HUMANS THAT SUCH CONTACT WOULD BE UNPLEASANT, STRESSFUL OR
 POSE  A SAFETY RISK TO OTHER ANIMALS OR HUMANS. DAILY HANDLING AND POSI-
 TIVE EXPOSURE TO PEOPLE AND OTHER ANIMALS SHALL BE PROVIDED FOR ANY  DOG
 OR  CAT  LESS  THAN FOUR MONTHS OF AGE, WHILE TAKING APPROPRIATE PRECAU-
 TIONS TO LIMIT INFECTIOUS DISEASE. POSITIVE  SOCIAL  INTERACTIONS  SHALL
 INCLUDE BUT NOT BE LIMITED TO PETTING AN ANIMAL, WALKING, POSITIVE-REIN-
 FORCEMENT  BASED  TRAINING  OR  INTERACTIVE  PLAY  WITH TOYS. TIME SPENT

 S. 8029                            16
 
 PROVIDING BASIC HUSBANDRY AND ANIMAL CARE SHALL NOT BE  USED  TO  OFFSET
 THE SOCIAL INTERACTION TIME REQUIREMENTS OF THIS SUBDIVISION.
   5.  EACH  ANIMAL  SHELTER  SHALL PROVIDE EACH ANIMAL IN ITS CUSTODY OR
 POSSESSION OPPORTUNITY FOR EXERCISE AND  EXPLORATION  IN  THE  FOLLOWING
 MANNER:
   (A) ALL CATS HOUSED IN A CAGE, KENNEL, OR ROOM THAT PROVIDES LESS THAN
 EIGHTEEN  SQUARE FEET OF FLOOR SPACE PER CAT FOR FOURTEEN DAYS OR LONGER
 SHALL BE PERMITTED AT LEAST FIFTEEN MINUTES PER DAY AT LEAST  FIVE  DAYS
 PER WEEK OUTSIDE OF THEIR PRIMARY ENCLOSURE TO EXERCISE AND EXPLORE;
   (B) ALL DOGS RESIDING IN THE SHELTER FOR FOURTEEN DAYS OR LONGER SHALL
 BE  PERMITTED  TIME  OUTSIDE  OF THEIR PRIMARY ENCLOSURE TO EXERCISE AND
 EXPLORE FOR AT LEAST FIFTEEN MINUTES PER DAY FIVE DAYS PER WEEK; OR
   (C) IN THE EVENT SUCH ACTIVITIES ARE NOT POSSIBLE DUE TO ANY  ANIMAL'S
 HEALTH,  BEHAVIOR,  ORDER  OF THE COMMISSIONER OR LEGAL RESTRICTION, THE
 CONDITION AND REASON  SHALL  BE  DOCUMENTED  IN  SUCH  ANIMAL'S  MEDICAL
 RECORD.
   6. EACH ANIMAL SHELTER SHALL IMPLEMENT ADDITIONAL MEASURES FOR ENRICH-
 MENT  AND  STRESS  REDUCTION FOR ANY ANIMAL IN ITS CUSTODY OR POSSESSION
 SHOWING PERSISTENT HIDING,  HOSTILE  INTERACTIONS  WITH  OTHER  ANIMALS,
 REDUCED  ACTIVITY,  DEPRESSION OR SOCIAL WITHDRAWAL, BARRIER FRUSTRATION
 OR AGGRESSION, SELF-INJURIOUS  BEHAVIOR,  REPETITIVE  NON  GOAL-ORIENTED
 MOVEMENT, OR STEREOTYPIC BEHAVIORS. SUCH MEASURES SHALL BE DOCUMENTED IN
 SUCH ANIMAL'S MEDICAL RECORD.
   7. USE OF PHYSICAL FORCE IN ANIMAL TRAINING OR BEHAVIORAL MODIFICATION
 IS PROHIBITED.
   8.  ANIMAL  SHELTERS MAY PERFORM A SYSTEMATIC BEHAVIORAL EVALUATION ON
 ANIMALS PRIOR TO REHOMING OR OTHER PLACEMENT. IN THE EVENT  SUCH  EVALU-
 ATIONS ARE PERFORMED, THE FOLLOWING REQUIREMENTS SHALL APPLY:
   (A)  STAFF  PERFORMING  SUCH  EVALUATIONS  SHALL  RECEIVE, IN ADVANCE,
 ADEQUATE TRAINING IN THE PERFORMANCE AND INTERPRETATION  OF  THE  BEHAV-
 IORAL EVALUATION OR EVALUATIONS; AND
   (B)  A  STANDARDIZED  FORM  SHALL BE USED TO DOCUMENT EVERY BEHAVIORAL
 EVALUATION PERFORMED  AND  ADDED  TO  SUCH  ANIMAL'S  PERMANENT  MEDICAL
 RECORD.
   9.  EACH  LICENSED  ANIMAL  SHELTER SHALL FULLY DISCLOSE ALL AVAILABLE
 INFORMATION REGARDING THE BEHAVIOR OF  ANY  ANIMAL  IN  ITS  CUSTODY  OR
 POSSESSION  PRIOR  TO SUCH ANIMAL'S TRANSFER TO AN INDIVIDUAL OR ANOTHER
 ORGANIZATION AS AUTHORIZED PURSUANT TO SECTION  THREE  HUNDRED  SEVENTY-
 FOUR OF THIS CHAPTER. SUCH INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED
 TO  PRIOR HISTORY, OBSERVED BEHAVIORS IN THE SHELTER, AND THE RESULTS OF
 ANY SYSTEMATIC BEHAVIORAL EVALUATIONS PERFORMED.
   10. ANY ANIMAL IN THE CUSTODY OR POSSESSION OF A LICENSED ANIMAL SHEL-
 TER THAT IS OBSERVED TO BE EXPERIENCING MENTAL SUFFERING  OR  BEHAVIORAL
 DETERIORATION  SHALL BE ASSESSED AND APPROPRIATELY TREATED. IF TREATMENT
 SUFFICIENT TO ALLEVIATE SUFFERING IS NOT AVAILABLE OR CANNOT BE PROVIDED
 AND ALTERNATE PLACEMENT FOR THE ANIMAL IS UNAVAILABLE, HUMANE EUTHANASIA
 MAY BE PERFORMED IN ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-TWO  AND
 SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
   §  422. HUMANE EUTHANASIA. 1. ANY ANIMAL SHELTER PERFORMING EUTHANASIA
 IN THEIR FACILITY SHALL, IN COORDINATION WITH A DULY LICENSED  VETERINA-
 RIAN,  ESTABLISH AND MAINTAIN WRITTEN PROTOCOLS FOR HUMANE EUTHANASIA IN
 ACCORDANCE WITH CURRENT AMERICAN VETERINARY MEDICAL  ASSOCIATION  (AVMA)
 GUIDELINES FOR EUTHANASIA AND SUBDIVISION SEVEN-A OF SECTION ONE HUNDRED
 SEVENTEEN  OF  THIS  CHAPTER, SECTION THREE HUNDRED SEVENTY-FOUR OF THIS
 CHAPTER AND ANY OTHER APPLICABLE LAW REGARDING THE HUMANE EUTHANASIA  OF
 ANIMALS IF SUCH PROCEDURES ARE PERFORMED WITHIN THE FACILITY.

 S. 8029                            17
 
   2. HUMANE EUTHANASIA SHALL ONLY BE PERFORMED BY A DULY LICENSED VETER-
 INARIAN, DULY LICENSED VETERINARY TECHNICIAN, OR A DULY CERTIFIED EUTHA-
 NASIA  TECHNICIAN,  UNLESS  OTHERWISE  PROVIDED  PURSUANT TO ARTICLE ONE
 HUNDRED THIRTY-FIVE  OF  THE  EDUCATION  LAW  AND  ANY  OTHER  EXCEPTION
 PROVIDED IN APPLICABLE LAW.
   3. ANY PERSON AUTHORIZED TO PERFORM HUMANE EUTHANASIA PURSUANT TO THIS
 SECTION  SHALL  BE  TRAINED  IN  MULTIPLE  METHODS  OF HUMANE RESTRAINT,
 INCLUDING METHODS FOR ALL SPECIES  COMMONLY  HARBORED  IN  THE  SHELTER,
 FRACTIOUS ANIMALS, AND HIGHLY FRIGHTENED ANIMALS.
   4. ANY ANIMAL SCHEDULED TO BE HUMANELY EUTHANIZED SHALL BE UNCONSCIOUS
 OR  ANESTHETIZED WITH APPROPRIATE PRE-EUTHANASIA MEDICATIONS PRIOR TO AN
 INTRACARDIAC, INTRASPLENIC, INTRAHEPATIC, OR INTRARENAL INJECTION. CHEM-
 ICAL RESTRAINT OR PRE-EUTHANASIA MEDICATIONS SHALL BE USED WHEN  ANIMALS
 ARE AGGRESSIVE, SEVERELY DISTRESSED, OR FRIGHTENED.
   5.  EACH  ANIMAL SHELTER SHALL VERIFY THE IDENTITY OF ANY ANIMAL TO BE
 EUTHANIZED IMMEDIATELY PRIOR TO EUTHANASIA, REGARDLESS OF WHETHER EUTHA-
 NASIA IS PERFORMED IN SUCH ANIMAL SHELTER'S FACILITY. THIS SHALL INCLUDE
 BUT NOT BE LIMITED TO PROPER SCANNING  FOR  A  MICROCHIP  SEVERAL  TIMES
 USING  A  SCANNER  CAPABLE  OF  DETECTING MICROCHIPS OF ALL COMMERCIALLY
 AVAILABLE FREQUENCIES. ONCE AN ANIMAL'S IDENTITY IS FIRMLY  ESTABLISHED,
 ANIMAL  SHELTER  PERSONNEL  SHALL VERIFY AND DOCUMENT THAT THE ANIMAL IS
 DESIGNATED FOR THE PROCEDURE. NOTWITHSTANDING ACTIONS TO RELIEVE  ANIMAL
 SUFFERING  PERFORMED PURSUANT TO SUBDIVISION ONE OF SECTION FOUR HUNDRED
 FOURTEEN OF THIS ARTICLE, ANIMALS WITH ONE OR MORE FORMS OF  IDENTIFICA-
 TION  NOT  PREVIOUSLY  IDENTIFIED ON EXAMINATION SHALL NOT BE EUTHANIZED
 UNTIL APPROPRIATE  MEASURES  TO  LOCATE  A  POTENTIAL  OWNER  HAVE  BEEN
 COMPLETED  IN  ACCORDANCE WITH SECTION ONE HUNDRED SEVENTEEN AND SECTION
 THREE HUNDRED EIGHTY-TWO OF THIS CHAPTER.
   6. MEANS OF HUMANE EUTHANASIA SHALL BE PERFORMED  IN  ACCORDANCE  WITH
 SECTION  THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER AND DELIVERED BY WAY
 OF ONE OR MORE OF THE FOLLOWING:
   (A) INTRAVENOUS INJECTION FOR ANIMALS  THAT  ARE  TRACTABLE,  WITH  OR
 WITHOUT  THE ADMINISTRATION OF PRE-EUTHANASIA SEDATIVES OR OTHER MEDICA-
 TIONS, WITH STAFF AUTHORIZED AND TRAINED IN ACCORDANCE WITH SUBDIVISIONS
 THREE AND FOUR OF THIS SECTION;
   (B) INTRAPERITONEAL INJECTION, EXCEPT  ON  PREGNANT  ANIMALS  OR  DOGS
 WEIGHING IN EXCESS OF TEN POUNDS OR OLDER THAN SIX WEEKS OF AGE;
   (C)  INTRACARDIAC  INJECTION, PROVIDED THAT THE ANIMAL IS ANESTHETIZED
 OR UNCONSCIOUS; OR
   (D) INTRASPLENIC, INTRARENAL OR INTRAHEPATIC INJECTION WHEN  PERFORMED
 BY A DULY LICENSED VETERINARIAN AND THE ANIMAL IS ANESTHETIZED OR UNCON-
 SCIOUS.
   7.  DEATH SHALL BE VERIFIED BY STAFF AUTHORIZED AND TRAINED IN ACCORD-
 ANCE WITH SUBDIVISIONS THREE AND FOUR OF THIS SECTION BEFORE DISPOSAL OF
 ANY BODY, INCLUDING THOSE ANIMALS EUTHANIZED AS WELL AS THOSE  PRESENTED
 OR  FOUND PRESUMABLY DEAD. METHODS OF CONFIRMING DEATH SHALL INCLUDE ONE
 OR MORE OF THE FOLLOWING:
   (A) TESTING FOR THE ABSENCE OF CORNEAL REFLEX,  HEARTBEAT,  WITHDRAWAL
 ON TOE PINCH, AND RESPIRATIONS;
   (B)  CARDIAC  PUNCTURE  WITH  A  NEEDLE AND SYRINGE TO CONFIRM CARDIAC
 STANDSTILL; OR
   (C) IDENTIFICATION OF RIGOR MORTIS.
   8. EACH LICENSED ANIMAL SHELTER SHALL, REGARDLESS OF WHETHER  EUTHANA-
 SIA  IS  PERFORMED IN SUCH ANIMAL SHELTER'S FACILITY, DISPOSE OF REMAINS
 FOLLOWING EUTHANASIA BY INJECTION IN A MANNER THAT PROTECTS SUCH REMAINS
 FROM CONSUMPTION BY PREDATORS.

 S. 8029                            18
 
   9. HUMANE EUTHANASIA RECORDS SHALL BE MAINTAINED  IN  ACCORDANCE  WITH
 SUBDIVISION  SEVEN  OF SECTION FOUR HUNDRED FOURTEEN OF THIS ARTICLE AND
 ANY APPLICABLE STATE AND FEDERAL LAW.
   §  423.  TRANSPORTATION  OF ANIMALS IMPORTED FROM OTHER STATES. 1. (A)
 VEHICLES AND OPERATORS EMPLOYED BY OR OTHERWISE SERVING AS AN  AGENT  OF
 ANY  ANIMAL  SHELTER TO TRANSPORT ANIMALS SHALL ADHERE TO ALL APPLICABLE
 FEDERAL, STATE, AND LOCAL LAWS.
   (B) ANY ANIMAL TRANSPORTED BY ANIMAL SHELTER OR ITS AGENT SHALL NOT BE
 PLACED UNCONFINED OR TETHERED IN THE BACK OF AN OPEN PICK-UP OR FLAT-BED
 TRUCK.
   (C) ANY ANIMAL SHELTER OR ITS  AGENT  TRANSPORTING  ANY  ANIMAL  SHALL
 SAFELY AND SECURELY CONFINE SUCH ANIMAL IN AN ENCLOSURE SUCH AS A CRATE,
 CARRIER, OR CAGE WITHIN THE VEHICLE.
   (D)  CRATES,  CARRIERS  OR CAGES SHALL NOT BE STACKED IN THE TRANSPORT
 VEHICLE IN A MANNER THAT INCREASES ANIMAL STRESS OR DISCOMFORT,  COMPRO-
 MISES  VENTILATION,  ALLOWS WASTE MATERIAL TO PASS BETWEEN CAGES, INTER-
 FERES WITH CARE AND OBSERVATION, OR HINDERS EMERGENCY REMOVAL.
   (E) THE ANIMAL COMPARTMENT OF  THE  TRANSPORT  VEHICLE  SHALL  PROVIDE
 FRESH AIR, FREE OF VEHICLE EXHAUST FUMES.
   (F)  EACH  TRANSPORT  VEHICLE, INCLUDING CARGO SPACES, SHALL BE HEATED
 AND COOLED AS NECESSARY TO PROVIDE FOR NORMAL  THERMOREGULATION  OF  THE
 ANIMALS BEING TRANSPORTED.
   (G)  EACH  TRANSPORT  VEHICLE  SHALL  HAVE A THERMOMETER PLACED IN THE
 ANIMAL COMPARTMENT. THE AMBIENT TEMPERATURE IN THE CARGO SPACE SHALL  BE
 MAINTAINED  BETWEEN SIXTY AND EIGHTY-FIVE DEGREES FAHRENHEIT, UNLESS THE
 HEALTH OF THE ANIMAL NECESSITATES AN AMBIENT TEMPERATURE THAT EXCEEDS OR
 IS LESS THAN SUCH PARAMETERS. THE OPERATOR OF SUCH VEHICLE SHALL MONITOR
 CARGO AREA TEMPERATURES AT LEAST EVERY FOUR HOURS TO ENSURE SUCH TEMPER-
 ATURES ARE MAINTAINED.
   2. (A) A WRITTEN CONTRACT OR MEMORANDUM OF UNDERSTANDING  BETWEEN  THE
 ANIMAL  SHELTER OF ORIGIN, ANY INTERMEDIATE ANIMAL SHELTER, THE DESTINA-
 TION ANIMAL SHELTER AND ANY TRANSPORTING AGENT NOT DIRECTLY EMPLOYED  BY
 SUCH SHELTERS, SHALL BE EXECUTED FOR EACH ANIMAL TRANSFER OF ONE OR MORE
 ANIMALS.  SUCH DOCUMENT SHALL INCLUDE THE RESPONSIBILITIES OF EACH PARTY
 AND SHALL BE REVISED OR UPDATED AS NECESSARY TO ENSURE THAT  INFORMATION
 IS CURRENT.
   (B)  A  CONTACT PERSON SHALL BE DESIGNATED FOR EACH ANIMAL SHELTER AND
 ANY INTERMEDIATE TRANSFER POINT.
   (C) EACH TRANSPORTING ORGANIZATION IDENTIFIED IN ANY AGREEMENT  ESTAB-
 LISHED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (D) OF THIS SUBDIVISION
 SHALL  ADHERE  TO  ALL  PUBLIC  HEALTH  LAWS  AND  LOCAL LAWS FOR SOURCE
 LOCATION, INTERMEDIATE TRANSFER POINTS, AND FINAL DESTINATION.
   (D) (I) THE ANIMAL SHELTER OF ORIGIN SHALL CAUSE TO BE VACCINATED EACH
 DOG OR CAT AGED THREE MONTHS OF AGE OR OLDER  AGAINST  RABIES  NOT  MORE
 THAN  TWELVE  MONTHS  PRIOR  TO  THE DATE OF TRANSPORT AS EVIDENCED BY A
 VALID CERTIFICATE OF IMMUNIZATION SIGNED BY A DULY LICENSED  VETERINARI-
 AN.  SUCH  VACCINE  SHALL BE APPROVED BY THE UNITED STATES DEPARTMENT OF
 AGRICULTURE. THE IMMUNIZATION REQUIREMENT SHALL NOT APPLY IF A VETERINA-
 RIAN CERTIFIES IN WRITING THAT BECAUSE OF OLD AGE OR OTHER  REASON,  THE
 LIFE  OF THE DOG WOULD BE ENDANGERED BY THE ADMINISTRATION OF THE RABIES
 VACCINE.
   (II) AT A MINIMUM, THE ANIMAL SHELTER OF ORIGIN SHALL  ADMINISTER  THE
 FOLLOWING CORE VACCINATIONS TO EACH DOG OR CAT TO BE TRANSPORTED THAT IS
 FOUR WEEKS OF AGE OR OLDER:
   (1) FOR DOGS, A MODIFIED LIVE PRODUCT FOR DISTEMPER VIRUS, ADENOVIRUS,
 AND PARVOVIRUS AS WELL AS AN INTRANASAL OR ORAL AVIRULENT CULTURE BORDE-

 S. 8029                            19
 
 TELLA  BRONCHISEPTICA  VACCINATION  PRIOR  TO  DEPARTING FROM THE ANIMAL
 SHELTER OF ORIGIN.
   (2)  FOR CATS, A MODIFIED LIVE PRODUCT FOR FELINE VIRAL RHINOTRACHEIT-
 IS, FELINE CALICI VIRUS, AND FELINE PANLEUKOPENIA.
   (III) PRIOR TO TRANSPORTING THE ANIMAL, THE ANIMAL SHELTER  OF  ORIGIN
 SHALL TREAT EACH ANIMAL FOR INTERNAL AND EXTERNAL PARASITES AS APPROPRI-
 ATE FOR THE AGE, SPECIES, AND MEDICAL CONDITION.
   (IV) FOR DOGS TESTING POSITIVE FOR HEARTWORM INFECTION, INITIAL TREAT-
 MENT  TO  ELIMINATE CIRCULATING MICROFILARIAE AND RENDER THE DOG NON-IN-
 FECTIOUS TO OTHER ANIMALS SHALL BE ADMINISTERED.
   (V) PRIOR TO TRANSPORTING THE ANIMAL, THE  ANIMAL  SHELTER  OF  ORIGIN
 SHALL  EXAMINE  EACH  DOG  AND CAT FOR MEDICAL OR BEHAVIORAL CONCERNS AT
 MOST TWENTY-FOUR HOURS PRIOR TO INITIATION OF TRANSPORT. ALL MEDICAL AND
 BEHAVIORAL OBSERVATIONS SHALL BE RECORDED AND COMMUNICATED TO ANY INTER-
 MEDIATE ANIMAL SHELTER, THE DESTINATION ANIMAL SHELTER  AND  ANY  TRANS-
 PORTING AGENT NOT DIRECTLY EMPLOYED BY SUCH SHELTERS.
   (1) A HEALTH RECORD SHALL ACCOMPANY EACH ANIMAL TRANSPORTED.
   (2) A CERTIFICATE OF VETERINARY INSPECTION IS REQUIRED FOR EACH ANIMAL
 TO  BE TRANSPORTED INTO THE STATE. SUCH CERTIFICATE SHALL ACCOMPANY EACH
 ANIMAL DURING TRANSPORT AND BE COMPLETED AND SIGNED BY A  DULY  LICENSED
 VETERINARIAN.
   (3) A RABIES VACCINATION CERTIFICATE IS REQUIRED FOR EACH ANIMAL TO BE
 TRANSPORTED,  UNLESS THE ANIMAL IS UNDER THE AGE OF THREE MONTHS OR IF A
 VETERINARIAN CERTIFIES IN WRITING THAT DUE TO OLD AGE OR  OTHER  REASON,
 THE  LIFE  OF  THE  DOG  WOULD  BE ENDANGERED BY THE ADMINISTRATION OF A
 RABIES VACCINE.
   (VI) EACH ANIMAL SHALL BE INDIVIDUALLY IDENTIFIED WITH A COLLAR,  TAG,
 TATTOO,  MICROCHIP OR COMBINATION OF SUCH IDENTIFIERS. ALL ANIMALS SHALL
 HAVE, AT A MINIMUM, ONE FORM OF VISUAL IDENTIFICATION.
   (E) (I) (1) EACH ANIMAL TRANSPORTED SHALL BE PROVIDED  WITH  ABSORBENT
 BEDDING.
   (2) NO ANIMAL SHALL BE SEDATED OR TRANQUILIZED UNLESS RECOMMENDED BY A
 DULY  LICENSED VETERINARIAN AND VETERINARY GUIDANCE IS PROVIDED FOR SUCH
 ANIMAL'S CARE DURING TRANSPORT.
   (II) THE MAXIMUM TRANSPORT TIME TO AN INTERMEDIATE ANIMAL SHELTER OR A
 DESTINATION ANIMAL SHELTER SHALL NOT EXCEED FOURTEEN HOURS.
   (III) THE TRANSPORTING ANIMAL SHELTER OR ITS AGENT SHALL OBSERVE  EACH
 ANIMAL  BEING  TRANSPORTED EVERY FOUR-HOUR PERIOD DURING TRANSPORT. EACH
 DOG BEING TRANSPORTED THAT IS TWELVE WEEKS OF  AGE  OR  OLDER  SHALL  BE
 REMOVED FROM THEIR ENCLOSURE AND ALLOWED TO EXERCISE AND ELIMINATE EVERY
 FOUR  TO  SIX HOURS. EACH DOG BEING TRANSPORTED THAT IS LESS THAN TWELVE
 WEEKS OF AGE SHALL BE REMOVED FROM THEIR ENCLOSURE AND ALLOWED TO  EXER-
 CISE AND ELIMINATE AT LEAST EVERY TWO HOURS.
   (IV)  THE  TRANSPORTING ANIMAL SHELTER OR ITS AGENT SHALL PROVIDE EACH
 ANIMAL BEING TRANSPORTED WITH WHOLESOME AND PALATABLE FOOD  EXCEPT  WHEN
 THERE  ARE  INSTRUCTIONS  FROM  A DULY LICENSED VETERINARIAN TO WITHHOLD
 FOOD FOR MEDICAL REASONS. SUCH FOOD SHALL BE FREE FROM CONTAMINATION, OF
 NUTRITIONAL VALUE SUFFICIENT TO MAINTAIN EACH ANIMAL IN GOOD HEALTH, AND
 BE PROVIDED AT LEAST EVERY TWELVE HOURS  FOR  ADULT  ANIMALS;  AT  LEAST
 EVERY  EIGHT HOURS FOR ANIMALS LESS THAN SIX MONTHS OF AGE; AND AT LEAST
 EVERY SIX HOURS FOR ANIMALS LESS THAN FOUR MONTHS OF AGE.
   (V) IF WATER CANNOT BE PROVIDED AT ALL TIMES, THE TRANSPORTING  ANIMAL
 SHELTER  OR  ITS  AGENT  SHALL PROVIDE CLEAN, FRESH WATER TO EACH ANIMAL
 BEING TRANSPORTED AT LEAST EVERY FOUR  HOURS  DURING  OBSERVATION  STOPS
 REQUIRED  PURSUANT  TO  SUBPARAGRAPH  (II) OF THIS PARAGRAPH. SUCH WATER
 SHALL BE SUPPLIED IN A SANITARY MANNER SUFFICIENT FOR ITS NEEDS,  EXCEPT

 S. 8029                            20
 
 WHEN  THERE  ARE INSTRUCTIONS FROM A DULY LICENSED VETERINARIAN TO WITH-
 HOLD WATER FOR MEDICAL REASONS.
   (VI)  THE  TRANSPORTING ANIMAL SHELTER OR ITS AGENT SHALL CLEAN ANIMAL
 ENCLOSURES AND REPLACE LITTER AS OFTEN AS NECESSARY TO  PREVENT  SOILING
 ANY  ANIMAL  BEING  TRANSPORTED.  IF  ANY ANIMAL MUST BE REMOVED FROM AN
 ENCLOSURE TO FACILITATE CLEANING, THE TRANSPORTING ANIMAL SHELTER OR ITS
 AGENT SHALL EMPLOY  SAFEGUARDS  TO  ENSURE  ANIMAL  SAFETY  AND  PREVENT
 ESCAPE.
   (F)  (I)  IT  IS THE RESPONSIBILITY OF THE ANIMAL SHELTER OF ORIGIN TO
 REASONABLY ENSURE THAT ITS DESTINATION ANIMAL SHELTERS HAVE THE  ABILITY
 TO  MEET  THE REQUIREMENTS OF THIS SUBDIVISION PRIOR TO TRANSPORTING ANY
 ANIMAL.
   (II) EACH DESTINATION ANIMAL SHELTER SHALL PROVIDE THE FOLLOWING:
   (1) ADEQUATELY TRAINED PERSONNEL READY TO RECEIVE AND MEDICALLY EVALU-
 ATE EACH ANIMAL RECEIVED FROM ANY TRANSPORTING  ANIMAL  SHELTER  OR  ITS
 AGENT UPON ARRIVAL;
   (2) A PHYSICAL EXAMINATION OF EACH ANIMAL RECEIVED FROM ANY TRANSPORT-
 ING ANIMAL SHELTER WITH CORRESPONDING DOCUMENTATION PERFORMED BY TRAINED
 PERSONNEL  PURSUANT  TO  SECTION  FOUR  HUNDRED FOURTEEN OF THIS ARTICLE
 WITHIN FOUR HOURS OF ARRIVAL;
   (3) VETERINARY CARE IN ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY FOR
 EACH ANIMAL RECEIVED FROM ANY TRANSPORTING ANIMAL SHELTER REQUIRING SUCH
 CARE AND ADDITIONAL REASONABLE CARE, INCLUDING ABILITY TO PROVIDE HUMANE
 EUTHANASIA PURSUANT TO SECTION FOUR HUNDRED TWENTY-TWO OF  THIS  ARTICLE
 OR  EMERGENCY  VETERINARY  CARE,  AS NECESSARY BASED ON THE CONDITION OF
 ANIMALS UPON ARRIVAL; AND
   (4) ADEQUATE HOUSING FOR  ARRIVING  ANIMALS  PREPARED  IN  ADVANCE  OF
 ARRIVAL, INCLUDING:
   (A)  HOUSING  IN  A  QUARANTINE AREA IF NEEDED, BASED ON ASSESSMENT OF
 HEALTH STATUS, ANIMAL SOURCE, AND RISK OF INFECTIOUS, CONTAGIOUS,  PARA-
 SITIC OR COMMUNICABLE DISEASE; AND
   (B)  ISOLATION  AREAS  FOR  ANIMALS WITH KNOWN OR SUSPECTED CONTAGIOUS
 DISEASES, AS REQUIRED UNDER  SECTIONS  FOUR  HUNDRED  FIFTEEN  AND  FOUR
 HUNDRED SIXTEEN OF THIS ARTICLE.
   3.  (A)  (I)  ANY  TRANSPORT VEHICLE TRANSPORTING DOGS OR CATS FOR ANY
 ANIMAL SHELTER SHALL  HAVE  ADEQUATE  SPACE,  COMFORTABLE  ENVIRONMENTAL
 CONDITIONS, AND GOOD AIR QUALITY.
   (II)  ANIMAL  ENCLOSURES  IN  TRANSPORT  VEHICLES SHALL BE SUITABLE TO
 ALLOW THE ANIMAL TO STAND, SIT ERECT, TURN AROUND WHILE STANDING, AND TO
 LIE IN A NATURAL POSITION. IF MORE THAN ONE ANIMAL OCCUPIES  ANY  ENCLO-
 SURE  DURING  TRANSPORT, SUCH ENCLOSURE SHALL PROVIDE ADEQUATE SPACE FOR
 EACH TO LIE DOWN COMFORTABLY AT THE SAME TIME WITHOUT LYING  ON  TOP  OF
 EACH OTHER.
   (III)  UNFAMILIAR  ANIMALS SHALL NOT BE CONTAINED TOGETHER IN THE SAME
 ENCLOSURE.
   (IV) ALL ANIMAL ENCLOSURES AND COMPARTMENTS SHALL  BE  FREE  OF  SHARP
 EDGES OR OTHER HAZARDOUS MATERIALS.
   (V)  THE  FLOOR OF ANY ENCLOSURE SHALL PREVENT INJURY, DISCOMFORT, AND
 LEAKAGE OF FLUIDS INTO OTHER ENCLOSURES.
   (VI) THE ANIMAL SHELTER OR ITS AGENT SHALL  ENSURE  THAT  EACH  ANIMAL
 TRANSPORTED  IS  SAFELY  AND  SECURELY CONFINED WITHIN EACH ENCLOSURE AS
 PRESCRIBED BY THIS SECTION AND ENCLOSURE DOORS SECURED TO PREVENT  ACCI-
 DENTAL OPENING.
   (VII) THE ANIMAL SHELTER OR ITS AGENT SHALL SECURE EACH PRIMARY ENCLO-
 SURE TO PREVENT MOVEMENT WITHIN THE TRANSPORT VEHICLE.

 S. 8029                            21
 
   (VIII)  THE  ANIMAL  SHELTER  OR  ITS  AGENT SHALL PROVIDE EACH ANIMAL
 TRANSPORTED WITH AGE-APPROPRIATE CARE, INCLUDING MAINTENANCE OF ADEQUATE
 HYDRATION AND NUTRITION.
   (IX) EACH DOG OR CAT LESS THAN EIGHT WEEKS OF AGE SHALL BE TRANSPORTED
 IN  AN  ENCLOSURE  WITH  THEIR  MOTHER, WITH ADEQUATE SPACE TO ALLOW THE
 MOTHER TO LIE DOWN ON HER SIDE WITH LEGS EXTENDED TO FACILITATE  NURSING
 UNLESS SUCH DOG OR CAT IS ORPHANED, A DULY LICENSED VETERINARIAN DIRECTS
 OTHERWISE,  THE  TRANSPORT PERIOD DOES NOT EXCEED ONE HOUR, OR TRANSPORT
 WITH THE MOTHER IS DEEMED TO POSE A  SIGNIFICANT  SAFETY  RISK.  IN  THE
 EVENT  SUCH  DOG  OR  CAT IS NOT TRANSPORTED WITH ITS MOTHER, THE ANIMAL
 SHELTER OR ITS AGENT SHALL ENSURE AN ADEQUATE  ENVIRONMENT  AND  TEMPER-
 ATURE FOR THE OFFSPRING.
   (X) THE ANIMAL SHELTER OR ITS AGENT SHALL TRANSPORT ANIMALS WITH KNOWN
 OR  SUSPECTED  INFECTIOUS DISEASES THAT COULD BE SPREAD DURING TRANSPORT
 IN SEPARATE COMPARTMENTS FROM HEALTHY ANIMALS.
   (B) (I) TRANSPORT VEHICLE OPERATORS AND/OR INDIVIDUALS WHO  ASSIST  IN
 THE  TRANSPORT  OF  ANIMALS SHALL HAVE TRAINING IN ANIMAL HEALTH, ANIMAL
 CARE, AND SAFETY ISSUES TO RECOGNIZE AND RESPOND TO ANIMAL NEEDS  DURING
 TRANSPORT.
   (II) TRANSPORT VEHICLE OPERATORS SHALL AVOID UNNECESSARY SUDDEN ACCEL-
 ERATION, DECELERATION, EXCESSIVE LATERAL MOVEMENT, NOISE AND VIBRATION.
   (III)  TRANSPORT  VEHICLE  OPERATORS  OR INDIVIDUALS WHO ASSIST IN THE
 TRANSPORT OF ANIMALS SHALL OBSERVE DOGS AND  CATS  FOR  ANY  MEDICAL  OR
 BEHAVIORAL CONCERNS DURING EACH STOP, AND SHALL RESPOND APPROPRIATELY TO
 ANY CONCERNS IDENTIFIED.
   (IV)  TRANSPORT  VEHICLE  OPERATORS  OR  INDIVIDUALS WHO ASSIST IN THE
 TRANSPORT OF ANIMALS SHALL NOT LEAVE ANIMALS UNATTENDED IN THE TRANSPORT
 VEHICLE FOR MORE THAN SIXTY MINUTES IN A TEMPERATURE REGULATED VEHICLE.
   (V) WATER SHALL BE PROVIDED AT ALL TIMES UNLESS OTHERWISE DIRECTED  BY
 A  DULY  LICENSED  VETERINARIAN.  TRANSPORT  VEHICLE OPERATORS OR ANIMAL
 ATTENDANTS SHALL PROVIDE CLEAN, FRESH WATER AT LEAST EVERY FOUR HOURS.
   (VI) TRANSPORT VEHICLE OPERATORS OR  INDIVIDUALS  WHO  ASSIST  IN  THE
 TRANSPORT  OF ANIMALS SHALL CLEAN AND DISINFECT EACH ENCLOSURE AFTER USE
 IN TRANSPORTING AN ANIMAL AND BEFORE TRANSPORTING DIFFERENT  ANIMALS  IN
 THE SAME ENCLOSURE.
   4. NO ANIMAL SHELTER OR ITS AGENTS SHALL TRANSPORT ANY DOG OR CAT LESS
 THAN  ONE  YEAR  OF AGE WHOSE POINT OF ORIGIN IS ANY BREEDER LICENSED BY
 THE UNITED STATES DEPARTMENT OF AGRICULTURE PURSUANT TO  THE  PROVISIONS
 OF  U.S.P.L.  89-544  AS OF AUGUST TWENTY-FOURTH, NINETEEN SIXTY-SIX, OR
 ANY SUBSEQUENT CORRESPONDING SECTIONS OF THE FEDERAL ANIMAL WELFARE ACT,
 AS FROM TIME TO TIME AMENDED.
   § 424. FOSTER CARE PROVIDER REQUIREMENTS.   1.  EACH  LICENSED  ANIMAL
 SHELTER  SHALL  ENSURE THAT FOSTER CARE PROVIDER FACILITIES AT WHICH THE
 LICENSE HOLDER KEEPS ANIMALS ARE  INSPECTED  BY  SUCH  SHELTER  NO  LESS
 FREQUENTLY  THAN  ONCE  A  YEAR  AND THAT SUCH PROVIDERS MEET ACCEPTABLE
 STANDARDS TO ENSURE THAT THE HEALTH AND SAFETY OF THE ANIMALS ARE  MAIN-
 TAINED.
   2.  FOSTER  CARE  PROVIDERS  MAY  HOUSE  ANIMALS THAT ARE OWNED BY THE
 LICENSED ANIMAL SHELTER, BUT THE FOSTER CARE PROVIDER SHALL NOT OWN SUCH
 ANIMALS. UPON RECEIPT OF A COMPLAINT, THE COMMISSIONER IS HEREBY AUTHOR-
 IZED TO INSPECT SUCH PROVIDER'S PROPERTY AS PART OF THE LICENSED  ANIMAL
 SHELTER'S NETWORK, AND SUCH ANIMAL SHELTER SHALL BE SUBJECT TO SANCTIONS
 FOR  ANY  SHORTCOMINGS WHICH POSE A RISK TO THE HEALTH AND SAFETY OF ANY
 ANIMALS IN ITS' FOSTER CARE NETWORK.
   3. LICENSED ANIMAL SHELTERS SHALL MAINTAIN A LIST  OF  CURRENT  FOSTER
 CARE PROVIDERS THAT SHALL BE AVAILABLE TO THE DEPARTMENT UPON REQUEST.

 S. 8029                            22
 
   §  425.  VIOLATIONS. 1. ANY ANIMAL SHELTER THAT VIOLATES ANY PROVISION
 OF THIS ARTICLE MAY BE SUBJECT TO LICENSURE DENIAL, REVOCATION,  SUSPEN-
 SION, OR REFUSAL OF LICENSE RENEWAL IN ACCORDANCE WITH THE PROVISIONS OF
 SUBDIVISION SIX OF SECTION FOUR HUNDRED TWELVE OF THIS ARTICLE.
   2.  VIOLATION  OF  ANY  PROVISION  OF  THIS  ARTICLE  SHALL BE A CIVIL
 OFFENSE, FOR WHICH A PENALTY OF NOT LESS THAN ONE  HUNDRED  DOLLARS  AND
 NOT  MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION MAY BE IMPOSED BY
 THE COMMISSIONER; PROVIDED, THAT WHENEVER THERE SHALL BE A VIOLATION  OF
 THIS  ARTICLE,  APPLICATION  MAY  BE MADE BY THE ATTORNEY GENERAL IN THE
 NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
 JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNCTION,  AND  UPON
 NOTICE  TO  THE  DEFENDANT  OF  NOT  LESS  THAN FIVE DAYS, TO ENJOIN AND
 RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL  APPEAR  TO
 THE  SATISFACTION  OF  THE  COURT  OR JUSTICE THAT THE DEFENDANT HAS, IN
 FACT, VIOLATED THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY  SUCH  COURT
 OR  JUSTICE,  ENJOINING  AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT
 REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
 THEREBY.  IN  ANY  SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE
 ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH  SIX  OF  SUBDIVISION  (A)  OF
 SECTION  EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES,
 AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A
 VIOLATION  OF  THIS  ARTICLE  HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL
 PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS AND NOT MORE THAN ONE THOU-
 SAND DOLLARS. IN CONNECTION WITH  ANY  SUCH  PROPOSED  APPLICATION,  THE
 ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF
 THE  RELEVANT  FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL
 PRACTICE LAW AND RULES.
   3. ANY ANIMAL SHELTER THAT VIOLATES ANY  PROVISIONS  OF  THIS  ARTICLE
 SHALL  CORRECT  SUCH  VIOLATIONS TO THE SATISFACTION OF THE COMMISSIONER
 WITHIN A PERIOD NOT TO EXCEED TEN DAYS; PROVIDED,  HOWEVER,  THAT  WHERE
 SUCH  VIOLATION  POSES  A SEVERE OR IMMEDIATE THREAT TO PUBLIC HEALTH OR
 ANIMAL SAFETY OR WELL-BEING, SUCH VIOLATION SHALL BE  CORRECTED  TO  THE
 SATISFACTION  OF THE COMMISSIONER WITHIN A PERIOD NOT TO EXCEED SEVENTY-
 TWO HOURS.
   4. NOTHING IN THIS SECTION SHALL PRECLUDE THE COMMISSIONER FROM TAKING
 ADDITIONAL ACTIONS TO ADDRESS VIOLATIONS RELATED TO THE IMMEDIATE THREAT
 TO ANIMAL SAFETY OR WELL-BEING, INCLUDING BUT NOT LIMITED TO, SUSPENSION
 OF ANIMAL SHELTER OPERATIONS UNTIL SUCH VIOLATIONS ARE CORRECTED TO  THE
 SATISFACTION OF THE COMMISSIONER.
   5.  UPON  IDENTIFICATION  OF  ONE OF MORE VIOLATIONS, THE COMMISSIONER
 SHALL PROVIDE THE ANIMAL WITH A WRITTEN DESCRIPTION  OF  ALL  VIOLATIONS
 ISSUED AND THE STEPS NECESSARY TO CORRECT SUCH DEFICIENCIES.
   § 3. Section 377-a of the agriculture and markets law is REPEALED.
   §  4.  Paragraphs  (b)  and (c) of subdivision 4 of section 400 of the
 agriculture and markets law, as added by chapter  168  of  the  laws  of
 2017, are amended to read as follows:
   (b)  Any  municipal pound or shelter dedicated to the care of unwanted
 animals which makes such animals available for adoption whether or not a
 fee for such adoption is charged, established and maintained pursuant to
 subdivision one of section one hundred fourteen of this chapter THAT  IS
 DULY  LICENSED  AS AN ANIMAL SHELTER PURSUANT TO ARTICLE TWENTY-SIX-C OF
 THIS CHAPTER; and
   (c) Any duly incorporated society for the  prevention  of  cruelty  to
 animals,  duly  incorporated  humane  society,  duly incorporated animal
 protective association or other duly  incorporated  animal  adoption  or
 animal  rescue  organization  dedicated  to the care of unwanted animals

 S. 8029                            23
 
 which makes such animals available for adoption whether or not a fee for
 such adoption is charged that is exempt from taxes pursuant to paragraph
 (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
 Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
 federal Internal Revenue Code, as from time to  time  amended,  that  is
 [registered  with  the  department]  DULY  LICENSED AS AN ANIMAL SHELTER
 pursuant to [section four hundred eight of this] article TWENTY-SIX-C OF
 THIS CHAPTER.
   § 5. Subdivision 3 of section 403 of the agriculture and markets  law,
 as  added  by  chapter  259  of  the laws of 2000, is amended to read as
 follows:
   3. Each application for a license shall be accompanied by a nonrefund-
 able fee of one hundred FIFTY dollars[, except that  those  pet  dealers
 who engage in the sale of less than twenty-five animals in a year, shall
 pay a nonrefundable fee of twenty-five dollars].
   § 6. Section 408 of the agriculture and markets law is REPEALED.
   § 7. Section 380 of the agriculture and markets law, as added by chap-
 ter 470 of the laws of 2017, is renumbered section 382.
   §  8.  Subdivision  3  of  section 752 of the general business law, as
 amended by chapter 168 of the laws  of  2017,  is  amended  to  read  as
 follows:
   3.  For purposes of section seven hundred fifty-three of this article,
 a "pet dealer" shall mean any person who,  in  the  ordinary  course  of
 business,  engages  in  the  sale or offering for sale of more than nine
 animals per year for profit to the public. Such definition shall include
 breeders of animals who sell or offer for sale  animals  directly  to  a
 consumer  but it shall not include any municipal pound or shelter estab-
 lished and maintained pursuant to subdivision one of section one hundred
 fourteen of the agriculture and markets law  AND  DULY  LICENSED  AS  AN
 ANIMAL  SHELTER  PURSUANT TO ARTICLE TWENTY-SIX-C OF THE AGRICULTURE AND
 MARKETS LAW, or any duly incorporated  society  for  the  prevention  of
 cruelty  to animals, duly incorporated humane society, duly incorporated
 animal protective association or other duly incorporated animal adoption
 or animal rescue organization that is tax exempt pursuant  to  paragraph
 (3)  of  subsection  (c)  of section 501 of the federal Internal Revenue
 Code, 26 U.S.C. 501, or any subsequent  corresponding  sections  of  the
 federal  Internal  Revenue  Code,  as from time to time amended, that is
 [registered with the department] DULY  LICENSED  AS  AN  ANIMAL  SHELTER
 pursuant  to  [section  four  hundred eight] ARTICLE TWENTY-SIX-C of the
 agriculture and markets law. For  purposes  of  sections  seven  hundred
 fifty-three-a,  seven hundred fifty-three-b, seven hundred fifty-three-c
 and seven hundred fifty-three-d of this article, "pet dealer" shall mean
 any person who engages in the sale or offering for  sale  of  more  than
 nine  animals  per  year for profit to the public. Such definition shall
 include breeders who sell animals; but it shall not include the  follow-
 ing:
   (a)  Any  breeder who sells or offers to sell directly to the consumer
 fewer than twenty-five animals per year that are born and raised on  the
 breeders residential premises.
   (b) Any municipal pound or shelter established and maintained pursuant
 to  subdivision  one  of section one hundred fourteen of the agriculture
 and markets law AND DULY LICENSED AS AN ANIMAL SHELTER PURSUANT TO ARTI-
 CLE TWENTY-SIX-C OF THE AGRICULTURE AND MARKETS LAW.
   (c) Any duly incorporated society for the  prevention  of  cruelty  to
 animals,  duly  incorporated  humane  society,  duly incorporated animal
 protective association or other duly  incorporated  animal  adoption  or

 S. 8029                            24
 
 animal  rescue  organization that is exempt from taxes pursuant to para-
 graph (3) of subsection (c) of  section  501  of  the  federal  Internal
 Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of
 the federal Internal Revenue Code, as from time to time amended, that is
 [registered  with  the  department]  DULY  LICENSED AS AN ANIMAL SHELTER
 pursuant to [section four hundred eight]  ARTICLE  TWENTY-SIX-C  of  the
 agriculture and markets law.
   § 9. This act shall take effect three years after it shall have become
 a  law.  Effective immediately, the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized and directed to be made and completed
 by the commissioner of agriculture and markets on or before such  effec-
 tive date.