S. 8510                             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
 S. 8510                             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.
 S. 8510                             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
 S. 8510                             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.
 S. 8510                             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:
 S. 8510                             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.
 S. 8510                             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
 S. 8510                             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
 S. 8510                            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
 S. 8510                            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.