Relates to regulating the operation of animal boarding kennels
download bill text pdf| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Sep 26, 2025 |
referred to agriculture |
S T A T E O F N E W Y O R K
________________________________________________________________________
9123
2025-2026 Regular Sessions
I N A S S E M B L Y
September 26, 2025
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to regulat-
ing the operation of animal boarding kennels
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "the NYS Safe
Pet Boarding Act".
§ 2. Legislative intent. The Legislature finds that there is a grow-
ing epidemic of animal cruelty cases in the state. This act seeks to
address failures in state law to properly regulate pet boarding kennels
which have recently come to light with the deaths of 21 dogs at a board-
er in Argyle and with the murder of the French Bulldog Gus at "A Time
for Paws" in Halfmoon. This act would set some minimum standards at the
state level for oversight of boarding kennels.
§ 3. The agriculture and markets law is amended by adding a new arti-
cle 26-D to read as follows:
ARTICLE 26-D
REGULATION OF BOARDING FACILITIES
SECTION 440. DEFINITIONS.
441. LICENSE REQUIRED AND INSPECTION OF FACILITIES.
442. PERSONNEL TRAINING REQUIREMENTS.
443. RECORDKEEPING AND PROTOCOLS.
444. GENERAL FACILITY STANDARDS.
445. ANIMAL HOUSING.
446. SANITATION.
447. BOARDING KENNEL MANAGEMENT PROTOCOLS.
448. ANIMAL HUSBANDRY.
449. VIOLATIONS.
449-A. WAIVING OF REQUIREMENTS AUTHORIZED.
449-B. APPLICATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13757-02-5
A. 9123 2 § 440. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "ANIMAL" SHALL MEAN A DOG OR CAT AS DEFINED IN THIS SECTION, OR OTHER COMPANION ANIMAL, BUT SHALL NOT INCLUDE LIVESTOCK. 2. "AIR HANDLING SYSTEM" SHALL MEAN THE DEVICE OR EQUIPMENT USED TO REGULATE, CIRCULATE, EXCHANGE, HEAT, AND/OR COOL THE AIR INSIDE A BUILD- ING. 3. "AMBIENT TEMPERATURE" SHALL MEAN THE TEMPERATURE OF THE ENVIRONMENT INSIDE A ROOM OR BUILDING. 4. "BOARDING KENNEL" OR "KENNEL" MEANS A FACILITY OWNED, OPERATED OR OTHERWISE MAINTAINED FOR THE CARE OR CUSTODY OF PET ANIMALS FOR BOARD- ING, TRAINING, OR SIMILAR PURPOSES, FOR VARYING PERIODS OF TIME, WHERE THE OWNERSHIP OF THE ANIMAL IS NOT TRANSFERRED, FOR PROFIT OR COMPEN- SATION REGARDLESS OF WHETHER OR NOT SUCH FACILITY ALSO SERVES AS A PERSONAL RESIDENCE. "BOARDING KENNEL" INCLUDES AN ESTABLISHMENT COMMONLY KNOWN AS A "DOGGY DAY CARE". 5. "CAT" SHALL MEAN ANY MEMBER OF THE SPECIES FELIS CATUS, REGARDLESS OF AGE, SEX, BREED, OWNERSHIP STATUS OR BEHAVIOR AROUND HUMANS. 6. "CLEANING" SHALL MEAN THE PHYSICAL REMOVAL OF DEBRIS AND ORGANIC MATERIAL FROM AN ENVIRONMENT. 7. "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.). 8. "DOG" SHALL MEAN ANY MEMBER OF THE SPECIES CANIS LUPIS FAMILIARIS, REGARDLESS OF AGE, SEX, BREED, OWNERSHIP STATUS, OR BEHAVIOR AROUND HUMANS. 9. "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. 10. "ENRICHED" SHALL MEAN AN ENVIRONMENT THAT REDUCES STRESS AND PROMOTES THE PHYSICAL HEALTH AND BEHAVIORAL WELL-BEING OF AN ANIMAL. 11. "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. 12. "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. 13. "LONG-TERM STAY" SHALL MEAN ANY DURATION OF CARE IN A BOARDING KENNEL OF FOURTEEN DAYS OR LONGER. 14. "PATHOGEN" SHALL MEAN A BIOLOGIC ORGANISM CAPABLE OF CAUSING DISEASE IN AN ANIMAL, SUCH AS A BACTERIA, VIRUS, OR FUNGUS. 15. "PRIMARY ENCLOSURE" SHALL MEAN THE AREA OF CONFINEMENT USED FOR HOUSING AN ANIMAL AND WHERE THE ANIMAL SPENDS THE MAJORITY OF ITS TIME IN A BOARDING KENNEL. 16. "ZOONOTIC" SHALL MEAN ANY DISEASE THAT MAY BE TRANSMITTED BETWEEN HUMANS AND ANIMALS. § 441. LICENSE REQUIRED AND INSPECTION OF FACILITIES. 1. ANY PERSON OPERATING A BOARDING KENNEL SHALL BE LICENSED BY THE DEPARTMENT PURSUANT TO THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING THE FOREGOING, ANY PERSON, OPERATING A BOARDING KENNEL 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 A. 9123 3 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: (A) 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; (B) THE ADDRESS AND TELEPHONE NUMBER OF THE APPLICANT AND FOR ANY OTHER PREMISES OWNED OR LEASED BY SUCH APPLICANT'S ENTERPRISE TO PROVIDE BOARDING FOR ANIMALS; (C) A COPY OF THE APPLICANT'S EMPLOYER IDENTIFICATION NUMBER; (D) THE WEBSITE AND EMAIL ADDRESS OF THE APPLICANT; (E) THE NUMBER OF ANIMALS BOARDED BY THE APPLICANT DURING THE PRIOR CALENDAR YEAR; (F) THE NUMBER OF ANIMALS CURRENTLY BOARDED BY THE APPLICANT; (G) THE SPECIES OF ANIMAL THE APPLICANT TYPICALLY BOARDS; (H) A DESCRIPTION OF FACILITIES WHICH THE APPLICANT UTILIZES TO BOARD ANIMALS; (I) CURRENT TRAINING PROTOCOL AND PROCEDURAL PRACTICES AS PRESCRIBED PURSUANT TO SECTIONS FOUR HUNDRED FORTY-TWO AND FOUR HUNDRED FORTY-THREE OF THIS ARTICLE; AND (J) SUCH OTHER INFORMATION AS DEEMED NECESSARY TO SATISFY THE COMMIS- SIONER 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. BOARDING KENNELS LICENSED PURSUANT TO THIS SECTION SHALL PROVIDE OPEN HOURS TO THE COMMISSIONER SO THAT INSPECTIONS CAN OCCUR IN A TIMELY MANNER. RENEWAL OF A BOARDING KENNEL 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 BOARDING KENNEL. THE COMMISSIONER SHALL RETAIN A COPY OF SUCH LICENSE AND PROVIDE A COPY OF THE LICENSE TO THE BOARDING KENNEL. BOARDING KENNELS LICENSED PURSUANT TO THIS SECTION SHALL CONSPICUOUSLY DISPLAY THEIR LICENSE ON THE PREMISES WHERE ITS ANIMALS ARE HARBORED. 5. EACH APPLICATION FOR A LICENSE SHALL BE ACCOMPANIED BY A NONREFUND- ABLE FEE OF ONE HUNDRED FIFTY DOLLARS. SUCH LICENSE SHALL BE RENEWABLE ANNUALLY, UPON THE PAYMENT OF A NONREFUNDABLE FEE OF ONE HUNDRED FIFTY DOLLARS. 6. THE MONEYS RECEIVED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN THE ANIMAL SHELTER REGULATION FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-PP OF THE STATE FINANCE LAW, AS ADDED BY CHAPTER SIX HUNDRED EIGHTY-THREE OF THE LAWS OF TWO THOUSAND TWENTY-TWO. A. 9123 4 7. THE COMMISSIONER MAY DECLINE TO GRANT OR RENEW, OR MAY SUSPEND OR REVOKE A BOARDING KENNEL 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 OF BOARDING KENNEL 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 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; OR (E) FAILURE TO RENEW A LICENSE WITHIN THE PERIOD PRESCRIBED IN SUBDI- VISION ONE OF THIS SECTION. § 442. PERSONNEL TRAINING REQUIREMENTS. 1. EACH BOARDING KENNEL 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 BOARDING KENNEL STAFF, OR OTHER FORMAL TRAINING MODALITIES AS AUTHORIZED BY THE COMMISSIONER. 3. TRAINING TOPICS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOW- ING: (A) HUMANE HANDLING TECHNIQUES; (B) INFECTIOUS DISEASES COMMONLY FOUND IN BOARDING KENNELS; (C) ZOONOTIC DISEASES; (D) ANIMAL CRUELTY; (E) SANITATION PROCEDURES; (F) BODY LANGUAGE AND NORMAL BEHAVIORS FOR ALL SPECIES REGULARLY HANDLED; AND (G) 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 A. 9123 5 (C) THE PROVIDER OF THE TRAINING AND A LIST OF TRAINING COURSE ATTEND- EES. § 443. RECORDKEEPING AND PROTOCOLS. 1. EACH BOARDING KENNEL SHALL CREATE AND MAINTAIN A RECORD FOR EACH ANIMAL IN THEIR CUSTODY OR POSSESSION WHICH SHALL MINIMALLY INCLUDE: (A) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE OWNER OF THE ANIMAL AND, IF THE ANIMAL IS DELIVERED TO THE BOARDING KENNEL BY SOMEONE OTHER THAN THE OWNER, OF THE PERSON LEAVING THE ANIMAL FOR BOARDING, AND ADDI- TIONAL CONTACT INFORMATION AS THE COMMISSIONER MAY REQUIRE; (B) THE DATE OF INTAKE INTO AND DEPARTURE FROM THE BOARDING KENNEL; (C) BASIC DESCRIPTORS INCLUDING SPECIES, AGE, GENDER, PHYSICAL DESCRIPTION INCLUDING COLOR, AND THE SPAY OR NEUTER STATUS AT ENTRY IF DETERMINABLE WITH REASONABLE CERTAINTY; (D) 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; (E) ANY AVAILABLE BEHAVIORAL OR HEALTH HISTORY OR INFORMATION OTHER- WISE OBTAINED AT INTAKE, INCLUDING BITE HISTORY, AND VACCINATION STATUS AS FOLLOWS: (I) FOR DOGS, RABIES, DISTEMPER, AND BORDETELLA BRONCHISEPTICA; AND (II) FOR CATS, RABIES, FELINE VIRAL RHINOTRACHEITIS, FELINE CALICIVI- RUS, AND FELINE PANLEUKOPENIA; AND (F) THE PROVISION OF FOOD AND WATER AND, IF APPLICABLE, MEDICATIONS ADMINISTERED DURING THE ANIMAL'S TIME UNDER THE CARE OF THE BOARDING KENNEL. 2. 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 THE ANIMAL'S DEPARTURE FROM THE BOARDING KENNEL. 3. 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 GUIDELINES. 4. EACH BOARDING KENNEL 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. 5. PROTOCOLS ESTABLISHED BY EACH BOARDING KENNEL 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. § 444. GENERAL FACILITY STANDARDS. 1. ALL FACILITIES AND ALL INTERIOR COMPONENTS OF EACH BOARDING KENNEL SHALL BE CONSTRUCTED OF MATERIALS THAT ENSURE A SOUND PHYSICAL STRUCTURE, AND SHALL 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. A. 9123 6 2. INDOOR BUILDING SURFACES IN DIRECT CONTACT WITH ANIMALS SHALL BE CONSTRUCTED OF MATERIALS THAT ARE NON-POROUS, WATER RESISTANT, NON-TOXIC 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 BOARDING KENNEL 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 BOARDING KENNEL SHALL PROVIDE SEPARATE HOUSING AREAS, SEGRE- GATED BY SPECIES AND FROM UNINFECTED, UNEXPOSED ANIMALS, FOR THE HOUSING OF ANY ANIMAL DISPLAYING SIGNS OF AN INFECTIOUS DISEASE THAT MAY BE TRANSMITTED WITHIN THE KENNEL ENVIRONMENT AND REQUIRING ISOLATION. DOORS SEPARATING SUCH ROOMS FROM THE REMAINDER OF THE FACILITY SHALL BE KEPT CLOSED. 10. EACH BOARDING KENNEL 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 BOARDING KENNEL 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 BOARDING KENNEL. 11. EACH BOARDING KENNEL 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 BOARDING KENNEL 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 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. § 445. ANIMAL HOUSING. 1. EACH LICENSED BOARDING KENNEL 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: A. 9123 7 (A) MATERIALS USED IN HOUSING CONSTRUCTION SHALL BE NON-POROUS, WATER-RESISTANT, NON-TOXIC, AND ABLE TO WITHSTAND REGULAR CLEANING AND DISINFECTION; (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 TO THE EXTENT PRACTICABLE; (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; AND (C) ANY ANIMAL DISPLAYING SIGNS OF AN INFECTIOUS DISEASE THAT MAY BE TRANSMITTED WITHIN THE KENNEL ENVIRONMENT SHALL BE HOUSED IN AN ISOLATION AREA AS PRESCRIBED IN SUBDIVISION NINE OF SECTION FOUR HUNDRED FORTY-FOUR OF THIS ARTICLE. 6. AT THE OPTION OF THE OWNER OR CARETAKER OF THE ANIMALS, WELL-SO- CIALIZED, HEALTHY ANIMALS MAY BE HOUSED WITH ONE OR MORE COMPANION ANIMALS BELONGING TO THE SAME OWNER. ANIMALS HOUSED TOGETHER SHALL BE COMPATIBLE AND HAVE SIMILAR ENVIRONMENTAL REQUIREMENTS. 7. EACH ENCLOSURE SHALL CLEARLY INDICATE THE IDENTITIES OF ALL ANIMALS CONTAINED WITHIN, SPECIFYING EACH ANIMAL'S UNIQUE IDENTIFIER AS REQUIRED UNDER SECTION FOUR HUNDRED FORTY-THREE OF THIS ARTICLE. EACH ANIMAL SHALL ALSO BE INDIVIDUALLY IDENTIFIED. 8. 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. 9. 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; AND (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. 10. 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. A. 9123 8 11. 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. 12. ALL ANIMALS HOUSED TOGETHER SHALL BE SEPARATED FOR FEEDING OR OBSERVED AT FEEDING TIMES FOR ANTAGONISTIC INTERACTIONS THAT POSE A SAFETY AND WELFARE CONCERN. 13. ANIMALS SHALL NOT BE HOUSED OUTDOORS FOR MORE THAN TWELVE HOURS WITHIN A TWENTY-FOUR-HOUR PERIOD; PROVIDED, HOWEVER, THAT NO ANIMAL SHALL BE LEFT OUTDOORS UNDER CIRCUMSTANCES THAT WOULD CONSTITUTE A VIOLATION OF SECTION THREE HUNDRED FIFTY-THREE-B OF THIS CHAPTER. 14. OUTDOOR PRIMARY ENCLOSURES SHALL COMPLY WITH 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. § 446. SANITATION. ANY BOARDING KENNEL LICENSED PURSUANT TO THIS ARTI- CLE SHALL ESTABLISH AND MAINTAIN SANITATION PROTOCOLS THAT INCLUDE THE FOLLOWING: 1. THE 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; 2. REMOVAL OF ANIMALS FROM ENCLOSURES AND PLACEMENT IN ANOTHER APPRO- PRIATE ENCLOSURE OR SEPARATION FROM THE AREA BEING CLEANED OR DISIN- FECTED BY A FUNCTIONAL COMPARTMENT DOOR WHEN WATER, CLEANING, OR DISIN- FECTING AGENTS ARE SPRAYED IN OR NEAR AN ANIMAL'S ENCLOSURE; 3. DEDICATED EQUIPMENT FOR CLEANING AND DISINFECTION FOR USE IN SEPA- RATE AREAS OF THE BOARDING KENNEL DESIGNATED AS CAT OR DOG AREAS; 4. CLEANING AND DISINFECTING ALL ENCLOSURES FOR HOUSING BEFORE A NEW ANIMAL ENTERS SUCH ENCLOSURE; 5. DAILY CLEANING AND AT LEAST ONCE WEEKLY DISINFECTING OF ENCLOSURES THAT HOUSE THE SAME ANIMAL OR ANIMALS DURING A LONG-TERM STAY; 6. CLEANING AND DISINFECTING ENCLOSURES WHEN THE ENCLOSURE BECOMES HEAVILY SOILED OR OTHERWISE CONTAMINATED OR A NEW ANIMAL IS ADDED TO THE ENCLOSURE; 7. 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; 8. CLEANING OF OUTDOOR PREMISES FROM CLUTTER THAT MAY POSE A SAFETY CONCERN AND FECAL MATERIAL REMOVED AT LEAST ONCE DAILY; 9. APPROPRIATE USE AND DISPOSAL OF PROTECTIVE GARMENTS WORN DURING CLEANING AND INTENSIVE ANIMAL-HANDLING ACTIVITIES WITHIN THE BOARDING KENNEL; AND A. 9123 9 10. PROPER HYGIENE OF KENNEL STAFF, VOLUNTEERS, AND VISITORS, INCLUD- ING SIGNAGE, SUPERVISION, AND HAND SANITATION. § 447. BOARDING KENNEL MANAGEMENT PROTOCOLS. 1. EACH BOARDING KENNEL 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 ENRICHMENT ACTIVITIES FOR ANIMALS AS PRESCRIBED IN SECTION FOUR HUNDRED FORTY-EIGHT OF THIS ARTICLE. 3. THE TOTAL NUMBER OF ANIMALS HOUSED IN A BOARDING KENNEL SHALL NOT EXCEED THE NUMBER OF HOUSING UNITS AVAILABLE AT THE FACILITY AS REQUIRED BY SECTION FOUR HUNDRED FORTY-FIVE OF THIS ARTICLE; PROVIDED, HOWEVER, THAT EXCEPTIONS TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE PERMISSI- BLE FOR PERIODS NOT TO EXCEED FORTY-FIVE CONTIGUOUS DAYS IN THE EVENT OF A NATURAL DISASTER WHERE AN OFFICIAL DECLARATION OF THE DISASTER OR EMERGENCY HAS BEEN MADE PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECU- TIVE LAW. 4. ALL ANIMALS SHALL BE OBSERVED DAILY BY A MANAGER OR DESIGNEE TO ENSURE THAT EACH ANIMAL'S NEEDS FOR CARE, HOUSING AND SERVICE ARE BEING MET. § 448. ANIMAL HUSBANDRY. 1. (A) EACH BOARDING KENNEL SHALL PROVIDE EACH ANIMAL UNDER ITS CARE WITH FRESH, POTABLE WATER AT ALL TIMES UNLESS OTHERWISE DIRECTED BY A DULY LICENSED VETERINARIAN OR BY THE OWNER OR CARETAKER OF THE ANIMAL. (B) EACH BOARDING KENNEL SHALL FEED EACH ANIMAL UNDER ITS CARE THE FOOD, SUPPLEMENTS AND TREATS PROVIDED BY THE OWNER OR CARETAKER OF THE ANIMAL, OR, IF NO SUCH FOOD IS PROVIDED, A COMPLETE AND NUTRITIONALLY BALANCED, SPECIES-SPECIFIC AND LIFE-STAGE-APPROPRIATE DIET AS INDICATED BY THE ANIMAL'S AGE, WEIGHT, AND MEDICAL HEALTH, OR AS DIRECTED BY A DULY LICENSED VETERINARIAN. (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) IN THE EVENT OF AN EMERGENCY, HUMANE AND SAFE PHYSICAL RESTRAINT MAY BE UTILIZED TO LIMIT SOME OR ALL NORMAL VOLUNTARY MOVEMENT OF AN ANIMAL FOR THE PURPOSES OF MINIMIZE FEAR, PAIN, STRESS AND SUFFER- ING FOR THE ANIMAL AND PROTECTING BOTH THE ANIMAL AND PERSONNEL FROM HARM. SUCH MEASURES SHALL BE OF THE LEAST INTENSITY AND DURATION REQUIRED TO ADDRESS AN EMERGENCY SITUATION. (B) FRIGHTENED OR FRACTIOUS ANIMALS MAY BE APPROPRIATELY TRANQUILIZED, UTILIZING MEDICATION PROVIDED BY THE OWNER OR CARETAKER OF THE ANIMAL AND ISSUED UNDER THE ORDERS OF A DULY LICENSED VETERINARIAN. ALL SUCH MEDICATION SHALL BE USED ONLY IN ACCORDANCE WITH DIRECTIONS RECEIVED FROM THE OWNER OR PRINTED ON THE MEDICATION CONTAINER. ALL DRUGS SHALL A. 9123 10 BE DOCUMENTED AND DISPENSED BY EACH BOARDING KENNEL IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, AND FEDERAL LAWS AND REGULATIONS. (C) NO PHYSICAL FORCE SHALL BE USED AS PUNISHMENT OR IN ANGER. (D) HANDLING METHODS SHALL MINIMIZE THE CHANCE OF ESCAPE AND ENSURE THE SAFETY OF BOTH HUMANS AND ANIMALS. 3. EACH BOARDING KENNEL SHALL TAKE MEASURES, BY WAY OF WRITTEN QUES- TIONNAIRE, PERSONAL INTERVIEW OR OTHER MEANS DEEMED NECESSARY BY THE COMMISSIONER, TO COLLECT A BEHAVIORAL HISTORY FOR EACH ANIMAL IN ITS CUSTODY OR POSSESSION AT THE TIME OF INTAKE. 4. ROUTINE CARE AND HANDLING OF ANY ANIMAL IN THE CUSTODY OR POSSESSION OF EACH BOARDING KENNEL, INCLUDING THE TIMING OF FEEDING AND SANITATION PROCEDURES SHALL BE PERFORMED ON A REGULAR DAILY SCHEDULE. 5. IF THE OWNER OR CARETAKER OF THE ANIMAL HAS PROVIDED ENRICHMENT ACTIVITIES OR TOYS FOR THE ANIMAL, THE ANIMAL SHALL HAVE FREE ACCESS TO SUCH ACTIVITIES OR TOYS WITHIN ITS ENCLOSURE UNLESS OTHERWISE PROVEN TO BE UNSAFE FOR THE ANIMAL OR STAFF OF THE BOARDING KENNEL OR UNFEASIBLE TO IMPLEMENT. 6. BOARDING KENNEL STAFF SHALL MAKE EFFORTS TO ENGAGE IN POSITIVE SOCIAL INTERACTIONS WITH THE ANIMALS IN THEIR CARE, EXCEPT THOSE SO POORLY SOCIALIZED TO HUMANS THAT SUCH CONTACT WOULD BE UNPLEASANT, STRESSFUL OR POSE A SAFETY RISK TO OTHER ANIMALS OR HUMANS. POSITIVE SOCIAL INTERACTIONS SHALL INCLUDE BUT NOT BE LIMITED TO PETTING AN ANIMAL, WALKING, REWARD BASED TRAINING OR INTERACTIVE PLAY WITH TOYS. § 449. VIOLATIONS. 1. ANY BOARDING KENNEL 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 SEVEN OF SECTION FOUR HUNDRED FORTY-ONE 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 BOARDING KENNEL 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 A. 9123 11 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 BOARDING KENNEL 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 BOARDING KENNEL WITH A WRITTEN DESCRIPTION OF ALL VIOLATIONS ISSUED AND THE STEPS NECESSARY TO CORRECT SUCH DEFICIENCIES. § 449-A. WAIVING OF REQUIREMENTS AUTHORIZED. THE COMMISSIONER IS HERE- BY AUTHORIZED TO WAIVE THE REQUIREMENTS ESTABLISHED PURSUANT TO THIS ARTICLE DURING A DISASTER EMERGENCY, PROVIDED THAT AN OFFICIAL DECLARA- TION OF SUCH DISASTER EMERGENCY HAS BEEN MADE BY THE GOVERNOR OR THE GOVERNOR'S DELEGATED STATE OFFICIAL PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW. § 449-B. APPLICATION. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO BOARDING KENNELS OR FACILITIES LOCATED ON PREMISES OWNED AND OPERATED AS A DULY LICENSED VETERINARY PRACTICE. § 4. Section 16 of the agriculture and markets law is amended by adding a new subdivision 53 to read as follows: 53. INSPECT, REGULATE AND LICENSE BOARDING KENNELS AS PROVIDED BY ARTICLE TWENTY-SIX-D OF THIS CHAPTER; ADOPT, PROMULGATE AND MAKE EFFEC- TIVE PLANS, RULES AND ORDERS WITH RESPECT TO THE IMPLEMENTATION OF SUCH ARTICLE; INVESTIGATE VIOLATIONS OF SUCH ARTICLE; PREPARE AN ANNUAL REPORT REGARDING THE COMPLIANCE OF ALL BOARDING KENNELS WITH THE PROVISIONS OF SUCH ARTICLE AND MAKE SUCH REPORT AVAILABLE TO THE PUBLIC ON THE WEBSITE OF THE DEPARTMENT WITHIN THIRTY DAYS OF THE COMPLETION OF THE REPORT. § 5. Severability. If any clause, sentence, paragraph, subdivision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 6. This act shall take effect eighteen months 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 to be made and completed on or before such effective date.
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