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A02046 Summary:

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A02046 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2046
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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     3  and for securing the rights of owners thereof, are REPEALED and four new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    §  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    § 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    § 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    §  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    §  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    § 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    §  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    § 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    §  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    § 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    §  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    § 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    § 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.