A02046 Summary:

BILL NO    A02046 

SAME AS    SAME AS S05048

SPONSOR    Kavanagh (MS)

COSPNSR    Glick, Magee, Englebright, Brennan, Cook, Dinowitz, Galef, Millman,
           Ortiz, Weisenberg, Weprin

MLTSPNSR   

Rpld SS1, 2, 2-a, 3, 3-a, 4, 8-a & 8-c, add SS1, 2, 3 & 4, ren S8-b to be S8-a,
amd SS8, 8-a, 9 & 13, Chap 115 of 1894; amd S17-812, NYC Ad Cd

Relates to animal control and licensing of animals; relates to the better
protection of lost and strayed animals and to securing the rights of owners
thereof; relates to licensing of dogs in certain cities; relates to the animal
population control fund.
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A02046 Actions:

BILL NO    A02046 

01/09/2013 referred to agriculture
06/13/2013 reference changed to cities
06/17/2013 reported referred to codes
06/18/2013 reported referred to ways and means
06/19/2013 reported referred to rules
06/19/2013 reported 
06/19/2013 rules report cal.500
06/19/2013 ordered to third reading rules cal.500
06/19/2013 home rule request
06/19/2013 passed assembly
06/19/2013 delivered to senate
06/19/2013 REFERRED TO RULES
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 referred to cities
06/03/2014 reported referred to codes
06/09/2014 reported referred to ways and means
06/12/2014 reported referred to rules
06/16/2014 reported 
06/16/2014 rules report cal.244
06/16/2014 ordered to third reading rules cal.244
06/16/2014 home rule request
06/16/2014 passed assembly
06/16/2014 delivered to senate
06/16/2014 REFERRED TO RULES
06/20/2014 SUBSTITUTED FOR S5048
06/20/2014 3RD READING CAL.1692
06/20/2014 HOME RULE REQUEST
06/20/2014 PASSED SENATE
06/20/2014 RETURNED TO ASSEMBLY
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A02046 Votes:

A02046 06/19/2013 143/0
AbbateYColtonYGarbariYKearnsYMillmanYRiveraYStevensAB
AbinantYCookYGibsonYKellnerYMontesaYRobertsYStirpeY
ArroyoYCorwinYGiglioERKimYMorelleYRobinsoYSweeneyY
AubryYCrespoYGjonajERKolbYMosleyYRodriguYTediscoY
BarclayYCrouchYGlickYLalorYMoyaYRosaYTenneyY
BarrettYCurranYGoldfedYLavineYNojayYRosenthYThieleY
BarronYCusickYGoodellYLentolYNolanYRozicYTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksYRussellYTitusY
BlankenYDenDekkYGrafYLopezYO'DonneYRyanYWalterY
BorelliYDinowitYGuntherYLupardoYOrtizYSaladinYWeinsteY
BoylandYDiPietrYHawleyYLupinacYOtisYSantabaYWeisenbY
BraunstYDupreyYHeastieYMageeYPalmesaYScarborYWeprinY
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselYPeoplesYSchimmiYZebrowsY
BronsonYFahyYHikindERMalliotYPerryYSepulveYMr SpkrY
Brook-KYFarrellYHooperYMarkeyYPretlowYSimanowY
BuchwalYFinchYJacobsYMayerYQuartYSimotasY
ButlerYFitzpatYJaffeeYMcDonalYRaYSkartadY
CahillYFriendYJohnsYMcDonouYRabbittYSkoufisY
CamaraYGabryszYJordanYMcKevitYRaiaYSolagesY
CerettoYGalefYKatzYMcLaughYRamosYStecY
ClarkYGanttYKavanagYMillerYReilichYSteckY

A02046 06/16/2014 134/0
AbbateYCorwinYGlickYLavineYNolanYRozicYTitusY
AbinantYCrespoYGoldfedYLentolYOaksYRussellYWalterY
ArroyoYCrouchYGoodellYLiftonYO'DonneYRyanYWeinsteY
AubryYCurranYGottfriYLopezYOrtizERSaladinERWeisenbER
BarclayYCusickYGrafYLupardoYOtisYSantabaYWeprinY
BarrettYCymbrowYGuntherYLupinacYPalmesaYScarborYWrightY
BenedetYDavilaYHawleyYMageeYPalumboYSchimelYZebrowsY
BlankenYDenDekkYHeastieYMagnareYPaulinYSchimmiYMr SpkrY
BorelliYDinowitYHennessYMalliotYPeoplesYSepulveY
BraunstYDiPietrYHevesiYMarkeyYPerryYSimanowY
BrennanYDupreyYHikindYMayerYPichardYSimotasY
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadY
BronsonYFahyYJacobsYMcDonouYQuartYSkoufisY
Brook-KYFarrellYJaffeeYMcKevitYRaYSolagesY
BuchwalYFinchYJohnsYMcLaughYRaiaYStecY
ButlerERFitzpatYKatzYMillerYRamosYSteckY
CahillYFriendYKavanagYMillmanYRiveraYStirpeY
CamaraYGalefYKearnsYMontesaYRobertsYSweeneyY
CerettoYGanttYKellnerABMorelleYRobinsoYTediscoY
ClarkYGarbariYKimYMosleyYRodriguYTenneyY
ColtonYGiglioYKolbYMoyaYRosaYThieleY
CookYGjonajYLalorERNojayYRosenthYTitoneY

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A02046 Memo:

BILL NUMBER:A2046

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

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

SUMMARY OF PROVISIONS:

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

The  repealed section 1 of chapter 115 requires dogs to be licensed in
cities with a population of two million or more, sets the base fee  at
$8.40, with an additional fee for unsterilized dogs, with an exemption
from  the additional fee if the life of the dog would be endangered by
sterilization.

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

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

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

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

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

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

The  new  section  2 of chapter 115 requires that dogs be licensed and
makes various provisions related to license applications and fees.

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


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

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

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

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

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

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

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

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

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

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

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

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


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

Subdivision 1 of the new section 4 of chapter 115 requires the City to
supply certificates of license or renewal.

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

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

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

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

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

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

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

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


requirement.)  Section  9  is  also  amended  to  make  certain  other
violations  of  the law returnable to the City's Environmental Control
Board or Health Tribunal and to make technical changes.

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

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

Section 7 of the bill sets forth the effective date.

JUSTIFICATION:

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

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

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

Under the existing law, an applicant for a dog license must  pay  must
submit  notarized  proof  that the dog has been sterilized in order to
avoid paying the surcharge applicable to an  unsterilized  dog.  Given
this  administrative  burden, many people simply avoid licensing their


dogs. This bill would  allow  self-certification  by  applicants  that
their  dog  has  been  sterilized,  simplifying  the  application  and
enabling online licensing.  The  bill  also  authorizes  the  City  to
require  proof  of rabies vaccination with license applications and to
mandate that dogs wear a tag indicating they've been vaccinated.

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

LEGISLATIVE HISTORY:

2012: A05950B (Kavanagh) - Agriculture
2011: A05950 (Kavanagh) -Agriculture
2010: A00406 (Kavanagh) - Agriculture
2009: A00406 (Kavanagh) - Agriculture

2008: A08032A (Kavanagh) - Agriculture
2007: A08032 (Kavanagh) - Agriculture
2006: A07582 (Grannis) - Agriculture
2005: A07582 (Grannis) - Agriculture

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE  DATE:  This act shall take effect on the sixtieth day after
it shall have become a law, provided that upon the repeal of  sections
1,  2,  2-a, 3, 3-a and 4 of chapter 115 of the laws of 1894, relating
to the better protection of lost and strayed animals and for  securing
the rights of owners thereof, pursuant to section one of this act, any
existing  licenses  or renewals thereof issued under the provisions of
such sections shall continue to be valid for such terms as  they  were
issued  under such provisions; and provided further that such licenses
shall be renewable pursuant to the new provisions added by section one
of this act; and provided further that upon the repeal of sections  1,
2,    a-a,    3,    3-a    and    4    of   chapter   115   of   the__
laws-of-1-894-,-relating-to the better protection-of-lost-and  strayed
animals and for-securing the - - rights of owners thereof, any license
or  renewal  fees previously authorized and in effect pursuant to such
sections as of the date this act takes effect shall remain  in  effect
until  new fees shall be adopted and take effect pursuant to local law
enacted in accordance with this act; and provided further that notices
of violation may not be issued pursuant to section  three  of  chapter
115  of  the  laws  of 1894, relating to better protection of lost and
strayed animals and for securing the rights of owners  thereof,  until
the one hundred twentieth day after this act shall have become a law.
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A02046 Text:

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

                                         2046

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

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

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

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

    1    Section 1. Sections 1, 2, 2-a, 3, 3-a and 4 of chapter 115 of the laws
    2  of  1894,  relating to the better protection of lost and strayed animals
    3  and for securing the rights of owners thereof, are REPEALED and four new
    4  sections 1, 2, 3 and 4 are added to read as follows:
    5    SECTION 1. THE PROVISIONS OF THIS ACT SHALL APPLY IN THE CITY  OF  NEW
    6  YORK.
    7    S  2. (1) EVERY PERSON WHO OWNS OR HARBORS ONE OR MORE DOGS WITHIN THE
    8  CORPORATE LIMITS OF SUCH CITY, SHALL PROCURE A LICENSE FOR EACH  DOG  AS
    9  PROVIDED  IN  THIS  ACT.  IN  APPLYING  FOR SUCH LICENSE TO BE ISSUED OR
   10  RENEWED, THE APPLICANT SHALL PROVIDE IN WRITING THE  NAME,  SEX,  BREED,
   11  AGE,  COLOR  AND  MARKINGS  OF  THE  DOG  FOR WHICH THE LICENSE IS TO BE
   12  PROCURED OR RENEWED AND SUCH INFORMATION THAT THE COMMISSIONER OF HEALTH
   13  AND MENTAL HYGIENE OF SUCH CITY DEEMS NECESSARY TO NOTIFY THE  APPLICANT
   14  WHEN THE LICENSE IS DUE TO BE RENEWED OR TO CONTACT THE APPLICANT IN THE
   15  EVENT THE DOG IS FOUND AFTER BECOMING LOST OR STRAYED. SUCH COMMISSIONER
   16  MAY ISSUE RULES REQUIRING PROOF OF RABIES VACCINATION, OR AN AFFIRMATION

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03124-01-3
       A. 2046                             2

    1  THAT  SUCH VACCINE HAS BEEN ADMINISTERED, AS PART OF THE APPLICATION FOR
    2  SUCH LICENSE TO BE ISSUED OR RENEWED.
    3    (2)  LICENSES  ISSUED  OR  RENEWED UNDER THIS ACT SHALL BE VALID FOR A
    4  TERM OF ONE YEAR OR, PURSUANT TO RULES ISSUED BY SUCH COMMISSIONER,  FOR
    5  A PERIOD GREATER THAN ONE YEAR.
    6    (3)  THE  FEES FOR A LICENSE ISSUED OR RENEWED UNDER THIS ACT SHALL BE
    7  SET BY LOCAL LAW, SUBJECT TO THE PROVISIONS OF THIS  SUBDIVISION.  THERE
    8  SHALL  BE  A BASE FEE FOR A LICENSE TO BE ISSUED OR RENEWED FOR ANY DOG.
    9  THERE SHALL BE AN ADDITIONAL FEE FOR A LICENSE TO BE ISSUED  OR  RENEWED
   10  FOR  A NON-STERILIZED DOG. THE AMOUNT OF SUCH ADDITIONAL FEE SHALL BE AT
   11  LEAST EIGHTY-FIVE PERCENT OF THE AMOUNT  OF  THE  BASE  FEE.  APPLICANTS
   12  SHALL PAY THE ADDITIONAL FEE UNLESS THEIR APPLICATION IS ACCOMPANIED BY:
   13  (I) A STATEMENT SIGNED BY A LICENSED VETERINARIAN PROVIDING THAT THE DOG
   14  HAS  BEEN  STERILIZED OR THAT SUCH VETERINARIAN HAS EXAMINED THE DOG AND
   15  FOUND THAT BECAUSE OF OLD AGE OR OTHER PERMANENT MEDICAL CONDITION,  THE
   16  LIFE  OF  THE DOG WOULD BE ENDANGERED BY STERILIZATION, OR (II) A STATE-
   17  MENT, APPROVED AS TO FORM BY  SUCH  COMMISSIONER  AND  AFFIRMED  BY  THE
   18  APPLICANT, THAT THE DOG HAS BEEN STERILIZED.
   19    (4)  THE AMOUNT COLLECTED FOR THE ADDITIONAL FEE CHARGED FOR A LICENSE
   20  TO BE ISSUED OR RENEWED FOR AN UNSTERILIZED DOG AS PROVIDED IN  SUBDIVI-
   21  SION  THREE  OF  THIS SECTION SHALL BE FORWARDED TO THE CITY COMPTROLLER
   22  FOR DEPOSIT IN THE ANIMAL POPULATION CONTROL FUND  CREATED  PURSUANT  TO
   23  SECTION 17-812 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   24    (5)  WHEN  A  LICENSE  IS  ISSUED OR RENEWED FOR A TERM OTHER THAN ONE
   25  YEAR, THE FEES SHALL BE A PRORATED AMOUNT OF THE FEES PER  YEAR  SET  AS
   26  PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
   27    (6) ANY PERSON WHO FAILS TO RENEW A LICENSE PRIOR TO ITS DATE OF EXPI-
   28  RATION MAY BE REQUIRED TO PAY A LATE FEE UPON RENEWAL OF A LICENSE, WITH
   29  THE  AMOUNT  OF  SUCH LATE FEE SET BY LOCAL LAW. SUCH AMOUNT SHALL BE NO
   30  MORE THAN TWENTY PERCENT OF THE AMOUNT OF THE BASE FEE FOR A LICENSE  TO
   31  BE ISSUED OR RENEWED AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
   32    (7)  THE  APPLICATION  FOR  A LICENSE TO BE ISSUED OR RENEWED SHALL BE
   33  ACCOMPANIED BY A STATEMENT AS PRESCRIBED BY SUCH COMMISSIONER, NOTIFYING
   34  THE APPLICANT THAT HE OR SHE MAY SUBMIT, ALONG WITH THE FEES REQUIRED BY
   35  THIS SECTION, AN ADDITIONAL AMOUNT TO BE UTILIZED  FOR  THE  PURPOSE  OF
   36  FUNDING  LOW-COST  STERILIZATION  SERVICES  FROM  THE  ANIMAL POPULATION
   37  CONTROL FUND CREATED PURSUANT TO SECTION 17-812  OF  THE  ADMINISTRATIVE
   38  CODE  OF  THE CITY OF NEW YORK. ANY ADDITIONAL AMOUNT SUBMITTED PURSUANT
   39  TO THIS SUBDIVISION SHALL BE DEPOSITED IN SUCH FUND.
   40    (8) FROM THE FEES COLLECTED PURSUANT TO THIS ACT FOR EACH DOG  LICENSE
   41  ISSUED  OR  RENEWED,  THE SUM OF TEN CENTS ANNUALLY FOR THE TERM OF SUCH
   42  LICENSE SHALL BE REMITTED BY SUCH CITY TO THE COMMISSIONER  OF  AGRICUL-
   43  TURE AND MARKETS ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, WITH SUCH
   44  SUM TO BE USED TO FUND RESEARCH INTO DISEASES OF DOGS AND THE SEARCH FOR
   45  AND THE STUDY OF VIRUSES THAT AFFECT PEOPLE AND ANIMALS.
   46    (9)  THE  AMOUNT OF ANY FEE CHARGED PURSUANT  TO THIS ACT SHALL NOT BE
   47  BASED IN WHOLE OR PART ON THE BREED OF THE DOG.
   48    S 3. (1) ANY PERSON WHO IS REQUIRED TO OBTAIN OR RENEW A  DOG  LICENSE
   49  PURSUANT  TO  THIS  ACT  BUT  FAILS  TO  DO SO MAY BE ISSUED A NOTICE OF
   50  VIOLATION, RETURNABLE TO  THE  ENVIRONMENTAL  CONTROL  BOARD  OR  HEALTH
   51  TRIBUNAL OF THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS OF THE CITY
   52  OF  NEW  YORK,  AND  MAY  BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN
   53  SEVENTY-FIVE DOLLARS FOR THE  FIRST  VIOLATION  AND  NO  MORE  THAN  ONE
   54  HUNDRED DOLLARS WHEN SUCH PERSON WAS FOUND TO HAVE VIOLATED THIS SECTION
   55  WITHIN  THE PRECEDING FIVE YEARS. SUCH NOTICE OF VIOLATION MAY BE ISSUED
   56  BY ANY OFFICER OR AGENT OF THE DEPARTMENT OF HEALTH AND  MENTAL  HYGIENE
       A. 2046                             3

    1  OF  SUCH  CITY,  OR ANY OTHER AGENCY OR ENTITY DESIGNATED BY THE COMMIS-
    2  SIONER OF HEALTH AND MENTAL HYGIENE OR SUCH CITY, WHEN SUCH  OFFICER  OR
    3  AGENT  OBSERVES  THE DOG FOR WHICH SUCH LICENSE HAS NOT BEEN OBTAINED OR
    4  RENEWED.
    5    (2)  NOTWITHSTANDING  SUBDIVISION  ONE OF THIS SECTION, SUCH NOTICE OF
    6  VIOLATION MAY NOT BE ISSUED TO A PERSON  WHEN  SUCH  PERSON  IS  IN  THE
    7  COURSE  OF  OBTAINING  OR  RENEWING  A LICENSE FOR THE DOG FOR WHICH THE
    8  NOTICE OF VIOLATION WOULD BE ISSUED. IT SHALL BE AN AFFIRMATIVE  DEFENSE
    9  TO ANY SUCH VIOLATION THAT: (I) THE PERSON REQUIRED TO OBTAIN OR RENEW A
   10  DOG  LICENSE  DULY APPLIED FOR SUCH LICENSE OR RENEWAL PRIOR TO THE DATE
   11  OF THE VIOLATION BUT THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF SUCH
   12  CITY HAD NOT ISSUED OR RENEWED SUCH LICENSE; OR  (II)  SUCH  PERSON  HAD
   13  PREVIOUSLY  PROCURED  A LICENSE THAT WAS VALID FOR A TERM THAT ENDED NOT
   14  MORE THAN THIRTY DAYS BEFORE SUCH NOTICE OF  VIOLATION  WAS  ISSUED  AND
   15  SUCH  PERSON DULY APPLIED FOR RENEWAL OF SUCH LICENSE SUBSEQUENT TO SUCH
   16  NOTICE OF VIOLATION BEING ISSUED.
   17    (3) THREE QUARTERS OF ANY AMOUNT PAID AS A  PENALTY  FOR  A  VIOLATION
   18  PURSUANT  TO THIS SECTION SHALL BE FORWARDED TO THE CITY COMPTROLLER FOR
   19  DEPOSIT IN THE  ANIMAL  POPULATION  CONTROL  FUND  CREATED  PURSUANT  TO
   20  SECTION  17-812  OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, AND
   21  THE REMAINDER SHALL BE USED SOLELY FOR CARRYING OUT  THE  PROVISIONS  OF
   22  THIS  ACT,  ESTABLISHING,  MAINTAINING,  OR  FUNDING  SHELTERS FOR LOST,
   23  STRAYED, OR HOMELESS ANIMALS,  PROVIDING  OR  FUNDING  PUBLIC  EDUCATION
   24  REGARDING  RESPONSIBLE  ANIMAL  CARE AND DOG LICENSING REQUIREMENTS, AND
   25  CONDUCTING OTHER ANIMAL CARE AND CONTROL ACTIVITIES.
   26    S 4. (1) WITH EACH LICENSE ISSUED  OR  RENEWED  UNDER  THIS  ACT,  THE
   27  DEPARTMENT  OF  HEALTH  AND MENTAL HYGIENE OF SUCH CITY SHALL SUPPLY THE
   28  APPLICANT WITH A CERTIFICATE OF LICENSE OR RENEWAL STATING THE NAME  AND
   29  ADDRESS  OF  THE  OWNER  OF  THE  DOG  AND THE NUMBER OF SUCH LICENSE OR
   30  RENEWAL.
   31    (2) EVERY DOG LICENSED UNDER THIS ACT SHALL,  AT  ALL  TIMES,  HAVE  A
   32  COLLAR ABOUT ITS NECK WITH A TAG MADE OF METAL OR OTHER DURABLE MATERIAL
   33  ATTACHED  THERETO,  BEARING THE NUMBER OF THE LICENSE. SUCH TAG SHALL BE
   34  SUPPLIED TO THE OWNER BY SUCH DEPARTMENT. SUCH DEPARTMENT SHALL  PROVIDE
   35  NOTICE  WITH  EACH SUCH TAG THAT ANYONE WHO SHALL USE A LICENSE TAG ON A
   36  DOG FOR WHICH IT WAS NOT ISSUED SHALL BE DEEMED GUILTY OF A  MISDEMEANOR
   37  AS  PROVIDED  IN  SECTION  NINE  OF  THIS ACT. NOTHING IN THIS ACT SHALL
   38  PREVENT SUCH DEPARTMENT FROM ISSUING SPECIALTY TAGS WHICH, FOR AN  ADDI-
   39  TIONAL  COST SET BY LOCAL LAW, OWNERS MAY PURCHASE IN LIEU OF THE STAND-
   40  ARD TAGS ISSUED PURSUANT TO THIS SECTION.   THE COMMISSIONER  OF  HEALTH
   41  AND  MENTAL  HYGIENE  OF  SUCH  CITY MAY ISSUE RULES REQUIRING THAT DOGS
   42  LICENSED UNDER THIS ACT SHALL HAVE ATTACHED TO SUCH COLLAR A  TAG  INDI-
   43  CATING THAT A RABIES VACCINATION HAS BEEN ADMINISTERED.
   44    (3)  SUCH DEPARTMENT MAY ISSUE REPLACEMENTS FOR TAGS THAT ARE LOST AND
   45  MAY REQUIRE REASONABLE PROOF OF LOSS OF THE ORIGINAL AND  PAYMENT  OF  A
   46  SUM, SET BY LOCAL LAW, EQUAL TO THE COST OF REPLACEMENT.
   47    (4) ON OR ABOUT THE THIRTIETH DAY BEFORE THE END OF THE TERM FOR WHICH
   48  A  LICENSE ISSUED OR RENEWED UNDER THIS ACT SHALL BE VALID, SUCH DEPART-
   49  MENT SHALL NOTIFY THE LICENSEE BY MAIL OR OTHER MEANS, USING THE CONTACT
   50  INFORMATION PROVIDED PURSUANT TO SUBDIVISION ONE OF SECTION TWO OF  THIS
   51  ACT,  OF  THE DATE BY WHICH RENEWAL IS REQUIRED, THE MANNER IN WHICH THE
   52  LICENSEE MAY APPLY FOR RENEWAL, THE FEES  ASSOCIATED  WITH  ON-TIME  AND
   53  LATE  RENEWAL  RESPECTIVELY, AND THE PENALTIES TO WHICH THE LICENSEE MAY
   54  BE SUBJECT UNDER SECTION THREE OF THIS ACT IN THE EVENT HE OR SHE  FAILS
   55  TO RENEW SUCH LICENSE.
       A. 2046                             4

    1    S  2.  Section  8  of chapter 115 of the laws of 1894, relating to the
    2  better protection of lost and  strayed  animals  and  for  securing  the
    3  rights of owners thereof, is amended to read as follows:
    4    S  8.  The [American society for the prevention of cruelty to animals]
    5  DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF SUCH CITY is hereby empowered
    6  and authorized to carry out the provisions of this act,  and  [the  said
    7  society]  SUCH  DEPARTMENT  is  further  authorized  to  issue AND RENEW
    8  licenses [and renewals], and to collect the fees [for such,]  SET  FORTH
    9  IN  THIS  ACT OR OTHERWISE ESTABLISHED as [is herein] prescribed[, which
   10  fees are to] IN THIS ACT.  SUCH  FEES,  EXCLUDING  THE  ADDITIONAL  FEES
   11  CHARGED  FOR  LICENSES  TO  BE  ISSUED  OR RENEWED FOR UNSTERILIZED DOGS
   12  PURSUANT TO SUBDIVISION THREE OF SECTION TWO OF THIS ACT AND THE AMOUNTS
   13  SPECIFIED IN SUBDIVISION EIGHT OF SECTION TWO OF THIS ACT, SHALL be used
   14  [by said society towards defraying the] TO DEFRAY SUCH  CITY'S  cost  of
   15  carrying  out  the  provisions  of this act [and mainatining a shelter],
   16  ESTABLISHING, MAINTAINING, OR FUNDING  SHELTERS  for  lost,  strayed  or
   17  homeless  animals,  AND  PROVIDING OR FUNDING PUBLIC EDUCATION REGARDING
   18  RESPONSIBLE ANIMAL CARE AND DOG LICENSING REQUIREMENTS.
   19    S 3. Sections 8-a and 8-c of chapter 115 of the laws of 1894, relating
   20  to the better protection of lost and strayed animals  and  for  securing
   21  the  rights of owners thereof, are REPEALED and section 8-b, as added by
   22  chapter 152 of the laws of 1971, is renumbered 8-a and amended  to  read
   23  as follows:
   24    S  8-a.  (1)  No  person  holding  a permit issued pursuant to section
   25  161.09 of the New York city health code OR A LICENSE ISSUED PURSUANT  TO
   26  ARTICLE  26-A  OF THE AGRICULTURE AND MARKETS LAW shall sell OR TRANSFER
   27  OWNERSHIP OF a dog IN SUCH CITY without first requiring the purchaser OR
   28  OTHER NEW OWNER to submit an application for a dog license  and  to  pay
   29  all  required  fees,  unless  such  purchaser  OR  OTHER NEW OWNER shall
   30  execute and submit to such seller OR TRANSFEROR a written statement that
   31  the dog to be purchased OR TRANSFERRED is to be harbored  outside  [the]
   32  SUCH  city.  Such  applications and written statements shall be on forms
   33  furnished by the [society] DEPARTMENT OF HEALTH AND  MENTAL  HYGIENE  OF
   34  SUCH  CITY  and shall, within ten days after execution by a purchaser OR
   35  OTHER NEW OWNER, be forwarded by the seller OR TRANSFEROR to [the socie-
   36  ty] SUCH DEPARTMENT.
   37    (2) Any seller OR TRANSFEROR processing  an  application  pursuant  to
   38  SUBDIVISION  ONE  OR THREE OF this section shall, on or before the tenth
   39  day of the month next succeeding the month in which collected, remit  to
   40  [the  society]  SUCH  DEPARTMENT  the amount of fees collected less [one
   41  dollar] TEN PERCENT OF THE BASE FEES SET PURSUANT TO  SUBDIVISION  THREE
   42  OF SECTION TWO OF THIS ACT for each application processed.
   43    (3)  THE  COMMISSIONER  OF  HEALTH AND MENTAL HYGIENE OF SUCH CITY MAY
   44  DESIGNATE ANY OTHER PERSON OR ENTITY, INCLUDING BUT  NOT  LIMITED  TO  A
   45  PERSON  OR ENTITY WHO PROVIDES CARE, TREATMENT, SERVICES, OR MERCHANDISE
   46  FOR ANIMALS, TO PROCESS APPLICATIONS FOR DOG LICENSES, COLLECT FEES, AND
   47  REMIT THE AMOUNT OF FEES COLLECTED LESS TEN PERCENT OF SUCH BASE FEE  IN
   48  ACCORDANCE   WITH   THIS  SECTION  AND  OTHERWISE  CONSISTENT  WITH  THE
   49  PROVISIONS OF THIS ACT.
   50    S 4. Section 9 of chapter 115 of the laws of  1894,  relating  to  the
   51  better  protection  of  lost  and  strayed  animals and for securing the
   52  rights of owners thereof, as amended by section 32 of part T of  chapter
   53  59 of the laws of 2010, is amended to read as follows:
   54    S  9.  Any  person or persons, who shall hinder or molest or interfere
   55  with any officer or agent of [said society] THE DEPARTMENT OF HEALTH AND
   56  MENTAL HYGIENE OF SUCH CITY in the performance of any duty  enjoined  by
       A. 2046                             5

    1  this  act,  or who shall use a license tag on a dog for which it was not
    2  issued, shall be deemed guilty of a misdemeanor. [Any person who owns or
    3  harbors a dog without complying with the provisions of this act shall be
    4  deemed  guilty of disorderly conduct, and upon conviction thereof before
    5  any magistrate shall be fined for such offense any sum not exceeding ten
    6  dollars, and in default of payment of such  fine  may  be  committed  to
    7  prison  by such magistrate until the same be paid, but such imprisonment
    8  shall not exceed ten days.] Any person who for the  purpose  of  partic-
    9  ipating  in  the "animal population control program" shall falsify proof
   10  of adoption from a pound, shelter, duly  incorporated  society  for  the
   11  prevention  of  cruelty to animals, humane society or dog or cat protec-
   12  tive association or who shall furnish any licensed veterinarian of  this
   13  state with inaccurate information concerning his or her residency or the
   14  ownership  of  an  animal or such person's authority to submit an animal
   15  for a [spaying or neutering] STERILIZATION procedure established  pursu-
   16  ant to section 17-812 of the administrative code of the city of New York
   17  and  any  veterinarian who shall furnish false information concerning an
   18  animal sterilization fee schedule or an animal sterilization certificate
   19  shall be guilty of a violation punishable by a fine of not more than two
   20  hundred fifty dollars where prosecuted pursuant to  the  penal  law,  or
   21  where  prosecuted  as  an  action to recover a civil penalty of not more
   22  than two hundred fifty dollars.   NOTICES OF  VIOLATION  MAY  BE  ISSUED
   23  PURSUANT TO THIS ACT BY ANY OFFICER OR AGENT OF THE DEPARTMENT OF HEALTH
   24  AND  MENTAL  HYGIENE  OF SUCH CITY, OR ANY OTHER AGENCY OR ENTITY DESIG-
   25  NATED BY THE COMMISSIONER OF HEALTH AND MENTAL HYGIENE OF SUCH CITY, AND
   26  SUCH NOTICES OF VIOLATION  SHALL  BE  RETURNABLE  TO  THE  ENVIRONMENTAL
   27  CONTROL  BOARD OR TO THE HEALTH TRIBUNAL OF THE OFFICE OF ADMINISTRATIVE
   28  TRIALS AND HEARINGS OF THE CITY OF NEW YORK.
   29    S 5. Section 13 of chapter 115 of the laws of 1894,  relating  to  the
   30  better  protection  of  lost  and  strayed  animals and for securing the
   31  rights of owners thereof, as renumbered by chapter 179 of  the  laws  of
   32  1987, is amended to read as follows:
   33    S  13.  [None  of the provisions of this act shall apply to dogs owned
   34  by] (1) AN EXEMPTION FROM THE DOG LICENSING  REQUIREMENTS  OF  THIS  ACT
   35  SHALL  BE  PROVIDED  FOR THE FOLLOWING PERSONS, ORGANIZATIONS, AND BUSI-
   36  NESSES:
   37    (A) INDIVIDUALS WHO ARE non-residents [passing through  the]  OF  SUCH
   38  city, [nor to dogs brought to the city and entered for exhibition at any
   39  dog  show] OR WHO ARE TEMPORARILY RESIDING IN SUCH CITY FOR A PERIOD NOT
   40  TO EXCEED THIRTY DAYS;
   41    (B) INDIVIDUALS FOR THE FIRST THIRTY DAYS AFTER BECOMING A RESIDENT OF
   42  SUCH CITY; AND
   43    (C) FOR DOGS IN THEIR TEMPORARY CUSTODY FOR THE PURPOSES OF REDEMPTION
   44  BY AN OWNER,  PLACEMENT  FOR  ADOPTION,  BOARDING,  GROOMING,  TRAINING,
   45  VETERINARY  TREATMENT  OR  PROVISION OF OTHER SERVICES: ANIMAL SHELTERS,
   46  DULY INCORPORATED HUMANE SOCIETIES, DULY INCORPORATED SOCIETIES FOR  THE
   47  PREVENTION  OF  CRUELTY  TO ANIMALS, DULY INCORPORATED ANIMAL PROTECTIVE
   48  ASSOCIATIONS, BOARDING KENNELS, GROOMING  PARLORS,  SALONS,  PET  SHOPS,
   49  TRAINING ESTABLISHMENTS OR SIMILAR BUSINESSES OR ESTABLISHMENTS.
   50    (2)  An exemption from the dog license fees of section two of this act
   51  shall be provided for guide dogs, hearing dogs, service dogs  or  police
   52  work  dogs,  as such terms are defined in section 108 of the agriculture
   53  and markets law.
   54    S 6. Subdivision 2 of section 17-812 of the administrative code of the
   55  city of New York, as added by section 28 of part T of chapter 59 of  the
   56  laws of 2010, is amended to read as follows:
       A. 2046                             6

    1    2.  Such  fund  shall  consist of all moneys collected from the animal
    2  population control program established pursuant  to  section  17-811  of
    3  this  chapter [and], ALL MONEYS COLLECTED FOR THE ADDITIONAL FEE CHARGED
    4  FOR A LICENSE TO BE ISSUED OR RENEWED FOR AN UNSTERILIZED  DOG  PURSUANT
    5  TO  SUBDIVISION  THREE  OF  section [three-a] TWO of chapter one hundred
    6  fifteen of the laws of eighteen hundred ninety-four, THAT PORTION OF ANY
    7  PENALTIES ASSESSED UNDER SECTION THREE OF SUCH CHAPTER DUE TO BE PAID TO
    8  SUCH FUND, and all other moneys credited or transferred thereto from any
    9  other fund or source pursuant to law.
   10    S 7. This act shall take effect on the sixtieth  day  after  it  shall
   11  have  become a law, provided that upon the repeal of sections 1, 2, 2-a,
   12  3, 3-a and 4 of chapter 115 of the laws of 1894, relating to the  better
   13  protection  of  lost  and strayed animals and for securing the rights of
   14  owners thereof, pursuant to  section  one  of  this  act,  any  existing
   15  licenses  or  renewals  thereof  issued  under  the  provisions  of such
   16  sections shall continue to be valid for such terms as they  were  issued
   17  under  such provisions; and provided further that such licenses shall be
   18  renewable pursuant to the new provisions added by section  one  of  this
   19  act; and provided further that upon the repeal of sections 1, 2, 2-a, 3,
   20  3-a  and  4  of  chapter 115 of the laws of 1894, relating to the better
   21  protection of lost and strayed animals and for securing  the  rights  of
   22  owners thereof, any license or renewal fees previously authorized and in
   23  effect  pursuant  to  such sections as of the date this act takes effect
   24  shall remain in effect until new fees shall be adopted and  take  effect
   25  pursuant  to local law enacted in accordance with this act; and provided
   26  further that notices of violation may not be issued pursuant to  section
   27  three  of chapter 115 of the laws of 1894, relating to better protection
   28  of lost and strayed animals and for securing the rights of owners there-
   29  of, until the one hundred twentieth day after this act shall have become
   30  a law.
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