STATE OF NEW YORK
________________________________________________________________________
991
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. KAVANAGH, GLICK, McENENY, ENGLEBRIGHT -- Multi-
Sponsored by -- M. of A. BING, BRENNAN, COOK, DINOWITZ, GALEF, MAYER-
SOHN, MILLMAN, ORTIZ, PHEFFER, WEISENBERG -- read once and referred to
the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
licensing of dogs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature finds that the crisis
2 of pet overpopulation presents a humane and public health dilemma for
3 New York state residents. Countless homeless dogs and cats wander the
4 streets and countryside scavenging for food, suffering from exposure,
5 hunger and attacks by wildlife predators. Public safety is threatened by
6 dog bites and potential disease transmission from dogs and cats at large
7 and unsupervised. Dogs and cats that find their way to shelters do not
8 necessarily fare better. While no official records are kept, conserva-
9 tive estimates indicate that more than fifty percent of cats and dogs
10 received at shelters and humane societies are euthanized simply because
11 there are not enough homes for them.
12 Widespread availability of low-cost spay and neuter services is the
13 single most effective method of curtailing unchecked reproduction and
14 the resulting high rate of euthanasia. Through its animal population
15 control program, implemented in 1996 and made permanent in 2000, New
16 York state has made possible the spay and neuter of thousands of dogs
17 and cats adopted from shelters. Still, shelters and humane societies
18 regularly report the need for more spay/neuter vouchers than are avail-
19 able from the fund. The inadequacy of funding is due in large part to
20 one simple fact - while a three dollar surcharge on dog licenses for
21 unaltered dogs provides the principal funding for the program, the
22 majority of dogs owned by New Yorkers are not licensed as required by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01776-01-9
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1 law. Effective dog control is also dependent upon funding to localities
2 derived from dog license fees.
3 Thus, a step as simple as enforcing New York's existing dog licensing
4 will infuse much needed funding into local animal control programs and
5 into the animal population control program. Enforcement of dog licens-
6 ing serves another public health function - it helps protect our commu-
7 nities against the threat of rabies by requiring immunization against
8 that disease as a prerequisite for licensing. Enforcement of New York's
9 dog licensing law can be accomplished by requiring collection of dog
10 license applications and fees upon adoption from shelters, humane socie-
11 ties, duly incorporated societies for the prevention of cruelty to
12 animals, dog protection associations, pounds, and upon purchase from
13 licensed pet dealers. Making dog licenses more widely available through
14 the Internet and through veterinarian offices as well as through local
15 clerks and other government offices, will also increase compliance with
16 the law.
17 Minimal increases in the license fee, and the fines imposed for
18 violations of the licensing laws, and increasing the three dollar
19 surcharge for unaltered dogs to five dollars will help ensure the finan-
20 cial vitality of the Animal Population Control program.
21 Ensuring compliance with dog licensing laws will safeguard the health
22 and safety of companion animals and the communities in which they live.
23 And, by funding more widespread low-cost spay and neuter services, it
24 will help New York avert the tragic consequences of far too many
25 "surplus" dogs and cats.
26 § 2. Subdivision 5 of section 107 of the agriculture and markets law
27 is renumbered subdivision 6 and a new subdivision 5 is added to read as
28 follows:
29 5. (a) This article shall authorize the department to permit county
30 shelters, shelters established, maintained or contracted for pursuant to
31 section one hundred fifteen of this article, duly incorporated societies
32 for the prevention of cruelty to animals, duly incorporated humane soci-
33 eties, duly incorporated animal protective associations, pet dealers
34 required to be licensed pursuant to section four hundred three of this
35 chapter, veterinarians and municipal offices, to issue and renew dog
36 licenses. Where the department has authorized any of these entities to
37 issue licenses, the license fees shall be distributed in accordance with
38 the provisions of section one hundred eleven of this article.
39 (b) Except as provided in paragraph (a) of this subdivision, this
40 article shall require that prior to selling any dog or releasing any dog
41 for adoption, a duly incorporated society for the prevention of cruelty
42 to animals, duly incorporated humane society, duly incorporated animal
43 protective association, or pet dealer required to be licensed pursuant
44 to section four hundred three of this chapter, shall obtain from the
45 purchaser or adopter a completed application for a dog license and the
46 required fees and remit such applications and fees to the clerk of the
47 town, city or village in which the entity selling or releasing the dog
48 for adoption pursuant to this paragraph is located. Any adopting agent
49 or seller processing an application for a dog license pursuant to this
50 paragraph, shall on or before the tenth day of the month next succeeding
51 the month in which collected, remit to such clerk all applications and
52 license fees collected less an amount not to exceed three dollars for
53 each application processed. Renewal notices sent by the department
54 shall include the address of the clerk of the city, town or village in
55 which the new owner resides.
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1 (c) This article shall authorize the department to issue dog licenses
2 through the internet.
3 § 3. Paragraphs (b), (c), (e) and (h) of subdivision 1 of section 109
4 of the agriculture and markets law, paragraph (b) as amended by chapter
5 562 of the laws of 1995, paragraphs (c) and (e) as amended by chapter
6 645 of the laws of 1988 and paragraph (h) as amended by chapter 39 of
7 the laws of 2002, are amended to read as follows:
8 (b) Application for a dog license shall be made to the clerk of the
9 town or city or, in the counties of Nassau and Westchester, incorporated
10 village in which the dog is harbored or to the village clerk of those
11 villages in the county of Rockland with a population of fifteen thousand
12 or more which have elected to accept applications pursuant to the
13 provisions of this paragraph or to the village clerk of the village of
14 Newark in the county of Wayne upon the election of the village of Newark
15 pursuant to the provisions of this paragraph. Provided, however, that
16 in the counties of Nassau and Westchester, the board of trustees of any
17 incorporated village may by resolution provide that applications for
18 licenses shall no longer be made to the village clerk, but to the clerk
19 of the town in which the village is situated. If such resolution is
20 approved by the town board of the town in which the village is situated,
21 such resolution shall become effective not less than six months after a
22 certified copy of such resolution of the village board and of the resol-
23 ution of approval of the town board shall have been filed with the
24 commissioner. Provided further, however, that in the county of Rockland,
25 the board of trustees of any incorporated village with a population of
26 fifteen thousand or more may by resolution provide that application for
27 licenses shall be made to the village clerk. Provided further, however,
28 that in the county of Wayne, the board of trustees of the village of
29 Newark may by resolution provide that application for licenses shall be
30 made to the village clerk. If such resolution is approved by the town or
31 towns in which the village is located, it shall become effective not
32 less than six months after a certified copy of such approved resolution
33 shall have been filed with the commissioner. The governing body of any
34 town or city or, in the counties of Nassau and Westchester, incorporated
35 village or in the county of Rockland, those villages with a population
36 of fifteen thousand or more which have so elected to accept applications
37 or in the county of Wayne, the village of Newark if such village has so
38 elected to accept applications may, on resolution of such body, author-
39 ize that such application be made to one or more named dog control offi-
40 cers of any such town, city or village. The issuance of any license by
41 any such officer shall be under the control and supervision of the
42 clerk. In the case of a seized dog being redeemed or a dog being other-
43 wise obtained from a county animal shelter or pound, such application
44 may be made to the county dog control officer in charge of such facility
45 provided such officer has been authorized by the commissioner to accept
46 such applications. In the case of a dog being redeemed or a dog being
47 adopted from a shelter or pound established, maintained or contracted
48 for, pursuant to section one hundred fifteen of this article, such
49 application may be made to the manager of such facility, provided such
50 manager has been authorized by the commissioner to accept such applica-
51 tion. Such authorization shall be requested by the governing body of the
52 pound or shelter and the granting or denial of such authorization shall
53 be in the discretion of the commissioner. The commissioner shall make
54 license applications available for distribution at every rabies inocu-
55 lation clinic held pursuant to subdivision seven of section twenty-one
56 hundred forty-five of the public health law. The commissioner shall also
A. 991 4
1 make available for distribution at such clinics pamphlets or literature
2 containing but not limited to the following information:
3 (i) that all dogs aged four months or older must be licensed;
4 (ii) license fees for altered and unaltered dogs;
5 (iii) how and where to obtain a dog license; and
6 (iv) that dog licensing fees help to fund local dog control as well as
7 the animal population control program which provides low-cost
8 spay/neuter services to persons who adopt pets from humane societies,
9 shelters, pounds, duly incorporated societies for the prevention of
10 cruelty to animals and duly incorporated animal protective associations
11 and eligible low income New York state residents. Each county shall
12 distribute license applications and the informational pamphlets or
13 literature at such clinics.
14 The commissioner may make dog licenses available for purchase through
15 the internet. The commissioner shall evaluate the feasibility of inter-
16 net licensing and shall report its findings to the governor and legisla-
17 ture by September first, two thousand ten. The commissioner may also
18 make dog licenses available for purchase through municipal offices
19 including, but not limited to post offices, town and city halls, county
20 clerks and public libraries. The commissioner may authorize veterinari-
21 ans to issue certificates of license.
22 The commissioner, in consultation with the New York state veterinary
23 medical society shall make available for distribution to all veterinary
24 offices, post offices and municipal offices a public information poster
25 containing but not limited to the following information:
26 (i) that all dogs aged four months or older must be licensed;
27 (ii) the license fee for altered and unaltered dogs; and
28 (iii) the programs funded by the license fees.
29 (c) The application shall state the sex, actual or approximate age,
30 breed, color, and official identification number of the dog, and other
31 identification marks, if any, and the name, address, telephone number,
32 county and town, city or village of residence of the owner. The appli-
33 cation shall be accompanied by a statement, as prescribed by the commis-
34 sioner, notifying the applicant that he or she may submit, along with
35 the license fee required by section one hundred ten of this article, an
36 additional amount of any denomination to be utilized for the sole
37 purpose of funding low-cost spay/neuter services under the animal popu-
38 lation control program established pursuant to section one hundred
39 seventeen-a of this article. All monies collected pursuant to this
40 subdivision, except for the license fee collected pursuant to section
41 one hundred ten of this article, shall be deposited in the animal popu-
42 lation control fund as established pursuant to section ninety-seven-xx
43 of the state finance law.
44 (e) Upon validation by the clerk, authorized dog control officer or
45 [authorized pound or shelter manager] other agent authorized to issue
46 licenses, the application shall become a license for the dog described
47 therein. Once an application has been validated, no refund therefor
48 shall be made.
49 (h) Notwithstanding the provisions of any general, special or local
50 law, or any rule or regulation to the contrary, the clerk, authorized
51 dog control officer or [authorized pound or shelter manager] any other
52 agent authorized to issue licenses, in municipalities having a popu-
53 lation of less than one hundred thousand shall send to the commissioner
54 a copy of the validated license, or a report of the information therein,
55 by the fifth day of the month following the month of license issuance.
56 In addition, the authorized dog control officer or [authorized pound or
A. 991 5
1 shelter manager] other agent authorized to issue a license, in such
2 municipalities shall, within five business days after the license has
3 been validated, send a copy of the validated license to the licensing
4 municipality in which the dog is to be harbored.
5 § 4. Paragraphs (c), (e), (f) and (h) of subdivision 2 of section 109
6 of the agriculture and markets law, paragraph (c) as amended by chapter
7 180 of the laws of 2002, paragraph (e) as added by chapter 220 of the
8 laws of 1978 and paragraphs (f) and (h) as amended by chapter 39 of the
9 laws of 2002, are amended to read as follows:
10 (c) The application shall state the name, address and telephone number
11 of the owner; the county and city, town or village where such dogs are
12 harbored; the sex, breed, registry name and number of each purebred
13 registered dog over the age of four months which is harbored on the
14 premises; and the sex and breed of each purebred dog over the age of
15 four months which is harbored on the premises and which is eligible for
16 registration. The application shall also include a statement by the
17 owner that all purebred dogs over the age of four months which are
18 harbored on the premises have been listed. The application shall be
19 accompanied by a statement, as prescribed by the commissioner, notifying
20 the applicant that he or she may submit, along with the license fee
21 required by section one hundred ten of this article, an additional
22 amount of any denomination to be utilized for the sole purpose of fund-
23 ing low-cost spay/neuter services under the animal population control
24 program as established pursuant to section one hundred seventeen-a of
25 this article. All monies collected pursuant to this subdivision, except
26 for the license fee collected pursuant to section one hundred ten of
27 this article, shall be deposited in the animal population control fund
28 as established pursuant to section ninety-seven-xx of the state finance
29 law.
30 (e) Upon receipt of the foregoing items, the clerk [or], authorized
31 dog control officer or other agent authorized to issue licenses, shall
32 assign a license number, which shall be reserved for the sole use of the
33 named owner, and shall issue a purebred license. Once a purebred license
34 has been issued, no refund therefor shall be made.
35 (f) The clerk, authorized dog control officer or [authorized pound or
36 shelter manager] other agent authorized to issue licenses shall: (i)
37 provide a copy of the purebred license to the owner; (ii) send, by the
38 fifth day of the month following the month of license issuance, a copy
39 of the purebred license, or a report of the information contained there-
40 in, to the commissioner; and (iii) retain a record of the purebred
41 license in the manner prescribed by the commissioner. In addition, the
42 authorized dog control officer or [authorized pound or shelter manager]
43 other agent authorized to issue licenses shall send, within forty-eight
44 hours of validation, a copy of the license to the licensing municipality
45 within which the dog is to be harbored.
46 (h) Notwithstanding the provisions of any general, special or local
47 law, or any rule or regulation to the contrary, the clerk, authorized
48 dog control officer or [authorized pound or shelter manager] other agent
49 authorized to issue licenses in municipalities having a population of
50 less than one hundred thousand shall send to the commissioner a copy of
51 the validated license, or a report of the information contained therein,
52 by the fifth day of the month following the month of license issuance.
53 In addition, the authorized dog control officer or [authorized pound or
54 shelter manager] other agent authorized to issue licenses in such muni-
55 cipalities shall, within five business days after the license has been
A. 991 6
1 validated, send a copy of the validated license to the licensing munici-
2 pality within which the dog is to be harbored.
3 § 5. Subdivision 3 of section 109 of the agriculture and markets law,
4 as amended by chapter 269 of the laws of 2005, is amended and a new
5 subdivision 4 is added to read as follows:
6 3. The clerk, authorized dog control officer or [authorized pound or
7 shelter manager] agent authorized to issue licenses, at the time of
8 issuing any license pursuant to this article, shall require the appli-
9 cant to present a statement certified by a licensed veterinarian showing
10 that the dog or dogs which are four months of age or older have been
11 vaccinated to prevent rabies or, in lieu thereof, a statement certified
12 by a licensed veterinarian stating that because of old age or other
13 reason, the life of the dog or dogs would be endangered by the adminis-
14 tration of vaccine. The clerk, authorized dog control officer or
15 [authorized pound or shelter manager] other agent authorized to issue
16 licenses shall make or cause to be made from such statement a record of
17 such information as may be required by the commissioner and shall file
18 such record with a copy of the license.
19 4. The commissioner, in consultation with the commissioner of health,
20 shall have the authority to promulgate rules and regulations to imple-
21 ment the provisions of this section.
22 § 6. Subdivision 1 of section 110 of the agriculture and markets law,
23 as amended by chapter 86 of the laws of 2006, is amended to read as
24 follows:
25 1. The license fee for each dog license issued pursuant to subdivision
26 one of section one hundred nine of this article shall be:
27 (a) [two] five dollars [and fifty cents] for each spayed or neutered
28 dog and [seven] fifteen dollars [and fifty cents] for each unspayed or
29 unneutered dog licensed for one year;
30 (b) [five] ten dollars for each spayed or neutered dog and [fifteen]
31 thirty dollars for each unspayed or unneutered dog licensed for two
32 years;
33 (c) [seven] fifteen dollars [and fifty cents] for each spayed or
34 neutered dog and [twenty-two dollars and fifty cents] forty-five dollars
35 for each unspayed or unneutered dog licensed for three years[.];
36 (d) five dollars for each unspayed or unneutered dog upon redemption
37 or adoption from a shelter, pound, society for the prevention of cruelty
38 to animals, duly incorporated humane society, or dog protective associ-
39 ation and fifteen dollars for each such unspayed or unneutered dog upon
40 renewal of such license and for every year thereafter.
41 § 7. Subdivision 2 of section 110 of the agriculture and markets law,
42 as added by chapter 220 of the laws of 1978, is amended to read as
43 follows:
44 2. The annual fee for each purebred license issued pursuant to subdi-
45 vision two of section one hundred nine of this article shall be:
46 (a) [twenty-five] fifty dollars, if no more than ten registered pure-
47 bred dogs or purebred dogs eligible for registration over the age of six
48 months are harbored on the owner's premises at the time of the applica-
49 tion;
50 (b) [fifty] one hundred dollars, if no more than twenty-five regis-
51 tered purebred dogs or purebred dogs eligible for registration over the
52 age of six months are harbored on the premises at the time of applica-
53 tion; or
54 (c) [one] two hundred dollars, if more than twenty-five registered
55 purebred dogs or purebred dogs eligible for registration over the age of
56 six months are harbored on the premises at the time of application.
A. 991 7
1 § 8. Paragraphs a and c of subdivision 4 of section 110 of the agri-
2 culture and markets law, as amended by chapter 269 of the laws of 2005,
3 are amended to read as follows:
4 a. Any town or city or any village issuing licenses pursuant to the
5 provisions of this article may, by local law or ordinance, set license
6 fees in addition to those set by subdivisions one and two of this
7 section, provided that the total fee for an unspayed or unneutered dog
8 shall be at least five dollars more than the total fee for a spayed or
9 neutered dog, and further provided that such additional fees for an
10 unspayed or unneutered dog shall not exceed, in the case of subdivision
11 one of this section, ten dollars for each year or portion thereof for
12 which a license is issued and, in the case of subdivision two of this
13 section, twenty-five dollars; and provided further that such fees shall
14 not be based in whole or in part on the breed of the dog owned. Such
15 additional fees shall be the property of the municipality setting the
16 same and shall be used only for controlling dogs and enforcing this
17 article and any rule, regulation, or local law or ordinance adopted
18 pursuant thereto, including subsidizing the spaying or neutering of dogs
19 and cats and any facility as authorized under section one hundred seven-
20 teen of this article used therefor, and subsidizing public humane educa-
21 tion programs in responsible dog ownership.
22 c. In addition to the fee charged pursuant to subdivisions one and two
23 of this section, any person applying for a dog license for a period of
24 up to and including one year or purebred license shall pay a fee of
25 [three] five dollars annually for any dog four months of age or older
26 which has not been spayed or neutered unless an owner presents with the
27 license application a statement certified by a licensed veterinarian
28 stating that he or she has examined the dog and found that because of
29 old age or other reason, the life of the dog would be endangered by
30 spaying or neutering. Provided, however, that the fee shall be [six]
31 ten dollars in the case of an unspayed or unneutered dog licensed for a
32 period of more than one and no more than two years and [nine] fifteen
33 dollars in the case of an unspayed or unneutered dog licensed for a
34 period of more than two and no more than three years, unless the owner
35 presents with the license application a statement certified by a
36 licensed veterinarian stating that because of old age or other reason,
37 the life of the dog would be endangered by spaying or neutering. All
38 fees collected pursuant to the provisions of this paragraph shall be
39 forwarded by the commissioner to the state comptroller for deposit in
40 the animal population control fund, created pursuant to section ninety-
41 seven-xx of the state finance law and section one hundred seventeen-a of
42 this article.
43 § 9. Paragraph (a) of subdivision 1 and subdivisions 2, 3 and 6 of
44 section 111 of the agriculture and markets law, paragraph (a) of subdi-
45 vision 1 as amended and subdivision 6 as added by chapter 473 of the
46 laws of 1995 and such subdivision 6 as renumbered by chapter 269 of the
47 laws of 2005, subdivision 2 as amended by chapter 377 of the laws of
48 1993 and subdivision 3 as amended by chapter 645 of the laws of 1988,
49 are amended to read as follows:
50 (a) On or before the fifth day of each month, the clerk [or], author-
51 ized county dog control officer or other agent authorized to issue
52 licenses, shall remit to the appropriate county financial officer
53 forty-seven percent of all license fees, except those exempted by para-
54 graphs a, b and c of subdivision four of section one hundred ten of this
55 article, collected during the preceding month. The remittance shall be
56 accompanied by a report of license sales made during said month. A copy
A. 991 8
1 of such report shall simultaneously be sent to the commissioner. The
2 balance of such license fees shall be the property of the reporting
3 municipality and shall be used only for controlling dogs and enforcing
4 this article and any rule, regulation, or local law or ordinance adopted
5 pursuant thereto, including subsidizing the spaying or neutering of dogs
6 and cats and any facility, as authorized under section one hundred
7 seventeen of this article, used therefor, and subsidizing public humane
8 education programs in responsible [dog] pet ownership.
9 2. On the fifteenth day of each month, the county financial officer
10 shall remit to the commissioner thirty-six percent of all license fees
11 received by the county under this article. The moneys retained by the
12 county shall be used for controlling dogs and enforcing this article and
13 any rule, regulation, or local law or ordinance adopted pursuant there-
14 to, including subsidizing the spaying or neutering of dogs and cats and
15 any facility, as authorized under section one hundred seventeen of this
16 article, used therefor, and subsidizing public humane education programs
17 in responsible [dog] pet ownership, and may also be used for the
18 prevention and investigation of cruelty to animals.
19 3. On or before the first day of February in each year, the county
20 financial officer shall apportion and pay to the appropriate financial
21 officer of each town, city and village in the county, ratably to the
22 annual remittance made to the county by such town, city or village and
23 by any agents authorized to issue licenses within such town, city or
24 village, seventy-five percent of any portion of the moneys not expended
25 by the county during the preceding calendar year for the purposes set
26 forth in subdivision two of this section. Such moneys shall be used by
27 the towns, cities and villages only for the purposes set forth in subdi-
28 vision one of this section.
29 6. Notwithstanding any other provision in this article, on or before
30 the fifth day of each month, all clerks and authorized county dog
31 control officers and [authorized pound and shelter managers] any agent
32 authorized to issue licenses, shall remit to the commissioner all moneys
33 they received during the preceding month pursuant to paragraph c of
34 subdivision four of section one hundred ten of this article. The remit-
35 tance shall be accompanied by a report of license sales to persons who
36 paid the additional [three dollar] license fee pursuant to paragraph c
37 of subdivision four of section one hundred ten of this article. Such
38 report shall also contain such other information as the commissioner may
39 require by rule or regulation.
40 § 10. Subdivision 5 of section 111 of the agriculture and markets
41 law, as added by chapter 279 of the laws of 1995, is amended to read as
42 follows:
43 5. (a) On or before the fifteenth day of each month, the clerk of any
44 city, town or village located in Nassau county where licenses are vali-
45 dated or issued pursuant to this article or any other agent authorized
46 to issue licenses in such city, town or village, shall remit directly to
47 the commissioner sixteen and ninety-two hundredths percent of all
48 license fees collected during the preceding month, except the fees
49 exempted by subdivision four of section one hundred ten of this article.
50 The remittance shall be accompanied by a report of license sales made
51 during such preceding month.
52 (b) The remaining eighty-three and eight hundredths percent of such
53 license fees shall be the property of the reporting municipality and
54 shall be used only for controlling dogs and enforcing the provisions of
55 this article and any rule or regulation, or local law or ordinance
56 adopted pursuant thereto, including subsidizing the spaying or neutering
A. 991 9
1 of dogs and cats and any facility, as authorized under section one
2 hundred seventeen of this article, used therefor, and subsidizing public
3 humane education programs in responsible dog ownership.
4 (c) On or before the fifth day of each month, [the authorized pound or
5 shelter manager of each pound or shelter] any agent authorized to issue
6 licenses located in Nassau county shall remit directly to the commis-
7 sioner sixteen and ninety-two hundredths percent of all license fees
8 collected during the preceding month, except the fees exempted by subdi-
9 vision four of section one hundred ten of this article. The remittance
10 shall be accompanied by a report of license sales made during such
11 preceding month.
12 (d) On or before the fifth day of the month, [the authorized pound or
13 shelter manager] any agent authorized to issue licenses shall remit to
14 the financial officer of the licensing municipality within which the
15 [shelter] agent authorized to issue licenses, is located, the remaining
16 license fees collected during the preceding month, including those
17 collected pursuant to subdivision four of section one hundred ten of
18 this [chapter] article. Such fees shall be the property of the munici-
19 pality and shall be used only for controlling dogs and enforcing this
20 article and any rule, regulation, or local law or ordinance adopted
21 pursuant thereto, including subsidizing the spaying or neutering of dogs
22 and cats and any facility, as authorized under section one hundred
23 seventeen of this article, used therefor, and subsidizing public humane
24 education programs in responsible [dog] pet ownership.
25 § 11. Paragraph (b) of subdivision 1 of section 111 of the agriculture
26 and markets law, as amended by chapter 473 of the laws of 1995, is
27 amended to read as follows:
28 (b) On or before the fifth day of each month, [the authorized pound or
29 shelter manager] any agent authorized to issue licenses shall remit to
30 the financial officer of the county within which the shelter is located,
31 forty-seven percent of all license fees, except those exempted by para-
32 graphs a, b and c of subdivision four of section one hundred ten of this
33 article, collected during the preceding month. The remittance shall be
34 accompanied by a report of license sales made during said month. A copy
35 of such report shall simultaneously be sent to the commissioner. [The
36 authorized pound or shelter manager] Any agent authorized to issue
37 licenses shall remit the balance of such license fees to the financial
38 officer of the licensing municipality within which the [shelter] agent
39 authorized to issue licenses is located. The fees remitted to the muni-
40 cipality shall be the property of that municipality and shall be used
41 only for controlling dogs and enforcing this article and any rule, regu-
42 lation, or local law or ordinance adopted pursuant thereto, including
43 subsidizing the spaying or neutering of dogs and cats and any facility,
44 as authorized under section one hundred seventeen of this article, used
45 therefor, and subsidizing public humane education programs in responsi-
46 ble [dog] pet ownership.
47 § 12. The opening paragraph of subdivision 4 and subdivisions 5 and 6
48 of section 118 of the agriculture and markets law, as added by chapter
49 220 of the laws of 1978, are amended to read as follows:
50 Each dog which is not identified, whether or not licensed, shall be
51 held for a period of five days from the day seized during which period
52 the dog may be redeemed by its owner, provided that such owner produces
53 [proof that the dog has been licensed and has been identified pursuant
54 to the provisions of this article] sufficient proof of ownership of the
55 dog and produces proof that the dog has been licensed, or in the alter-
56 native, licenses the dog in accordance with the provisions of section
A. 991 10
1 one hundred nine of this article, and further provided that [the owner
2 pays] such owners pay the following impoundment fees:
3 5. All impoundment fees shall be the property of the municipality to
4 which they are paid and shall be used only for controlling dogs and
5 enforcing this article and any rule, regulation, or local law or ordi-
6 nance adopted pursuant thereto, including subsidizing the spaying or
7 neutering of dogs and cats and any facility as authorized under section
8 one hundred seventeen of this article used therefor, and subsidizing
9 public humane education programs in responsible dog ownership.
10 6. Promptly upon seizure of any identified dog, the owner of record of
11 such dog shall be notified personally or by certified mail, return
12 receipt requested, of the facts of seizure and the procedure for redemp-
13 tion. If notification is personally given, such dog shall be held for a
14 period of seven days after day of notice, during which period the dog
15 may be redeemed by the owner. If such notification is made by mail, such
16 dog shall be held for a period of nine days from the date of mailing,
17 during which period the dog may be redeemed by the owner. In either
18 case, the owner may redeem such dog upon payment of the impoundment fees
19 prescribed by subdivision four of this section and by [producing] proof
20 that the dog has been licensed or by licensing the dog in accordance
21 with the provisions of section one hundred nine of this article.
22 § 13. Subdivision 2 of section 119 of the agriculture and markets
23 law, as amended by chapter 221 of the laws of 1978, is amended to read
24 as follows:
25 2. It shall be the duty of the dog control officer of any municipality
26 to bring an action against any person who has committed within such
27 municipality any violation set forth in subdivision one of this section.
28 Any municipality may elect either to prosecute such action as a
29 violation under the penal law or to commence an action to recover a
30 civil penalty.
31 A violation of this section shall be punishable, subject to such an
32 election, either:
33 (a) where prosecuted pursuant to the penal law, by a fine of not less
34 than twenty-five dollars and not more than [twenty-five] fifty dollars,
35 except that (i) where the person was found to have violated this section
36 or former article seven of this chapter within the preceding five years,
37 the fine [may] shall be not less than fifty dollars and not more than
38 [fifty] one hundred dollars, and (ii) where the person was found to have
39 committed two or more such violations within the preceding five years,
40 it shall be punishable by a fine of not less than one hundred dollars
41 and not more than [one] two hundred dollars or imprisonment for not more
42 than fifteen days, or both; or
43 (b) where prosecuted as an action to recover a civil penalty, by a
44 civil penalty of not less than twenty-five dollars and not more than
45 [twenty-five] fifty dollars, except that (i) when the person was found
46 to have violated this section or former article seven of this chapter
47 within the preceding five years, the civil penalty [may] shall be not
48 less than fifty dollars and not more than [fifty] one hundred dollars,
49 and (ii) where the person was found to have committed two or more such
50 violations within the preceding five years, the civil penalty [may]
51 shall be not less than one hundred dollars and not more than [one] two
52 hundred dollars[.]; or
53 (c) a municipality may waive the applicable fines pursuant to para-
54 graphs (a) and (b) of this subdivision for failure to license a dog or
55 dogs, for owners who license their dog or dogs during the six month
56 period preceding an enumeration conducted pursuant to subdivision seven
A. 991 11
1 of section one hundred fourteen of this article. Any such waiver shall
2 be preceded by a public education announcement, advertisement or program
3 to inform the public of the amnesty period and to provide the requisite
4 information for complying with state and local licensing laws as well as
5 information concerning applicable penalties for failure to comply with
6 these laws.
7 § 14. Section 120 of the agriculture and markets law, as added by
8 chapter 220 of the laws of 1978, is amended to read as follows:
9 § 120. Disposition of fines. Notwithstanding any other provision of
10 law, all moneys collected as fines or penalties by any municipality as a
11 result of any prosecution for violations of the provisions of this arti-
12 cle or any local law or ordinance and all bail forfeitures by persons
13 charged with such violations shall be the property of the municipality
14 and shall be paid to the financial officer of such municipality. Such
15 moneys shall be used only for controlling dogs and enforcing this arti-
16 cle and any rule, regulation, or local law or ordinance adopted pursuant
17 thereto, including subsidizing the spaying or neutering of dogs and cats
18 and any facility as authorized under section one hundred seventeen of
19 this article used therefor, and subsidizing public humane education
20 programs in responsible [dog] pet ownership.
21 § 15. This act shall take effect on the ninetieth day after it shall
22 have become a law.
