A05950 Summary:

BILL NOA05950B
 
SAME ASSAME AS S07667
 
SPONSORKavanagh (MS)
 
COSPNSRGlick, McEneny, Magee, Englebright
 
MLTSPNSRBing, Brennan, Cook, Dinowitz, Galef, Mayersohn, Millman, Ortiz, Pheffer, Weisenberg
 
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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A05950 Actions:

BILL NOA05950B
 
03/03/2011referred to agriculture
01/04/2012referred to agriculture
05/30/2012amend (t) and recommit to agriculture
05/30/2012print number 5950a
06/12/2012amend and recommit to agriculture
06/12/2012print number 5950b
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A05950 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5950--B
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 3, 2011
                                       ___________
 
        Introduced  by  M. of A. KAVANAGH, GLICK, McENENY, MAGEE, ENGLEBRIGHT --
          Multi-Sponsored by -- M. of A. BRENNAN, COOK, DINOWITZ,  GALEF,  MILL-
          MAN,  ORTIZ,  WEISENBERG -- read once and referred to the Committee on
          Agriculture -- recommitted to the Committee on Agriculture in  accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill

          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  again  reported  from said committee with amendments, ordered
          reprinted as amended and recommitted to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01102-07-2

        A. 5950--B                          2
 
     1  when the license is due to be renewed or to contact the applicant in the
     2  event the dog is found after becoming lost or strayed. Such commissioner
     3  may issue rules requiring proof of rabies vaccination, or an affirmation
     4  that  such vaccine has been administered, as part of the application for
     5  such license to be issued or renewed.

     6    (2) Licenses issued or renewed under this act shall  be  valid  for  a
     7  term  of one year or, pursuant to rules issued by such commissioner, for
     8  a period greater than one year.
     9    (3) The fees for a license issued or renewed under this act  shall  be
    10  set  by  local law, subject to the provisions of this subdivision. There
    11  shall be a base fee for a license to be issued or renewed for  any  dog.
    12  There  shall  be an additional fee for a license to be issued or renewed
    13  for a non-sterilized dog. The amount of such additional fee shall be  at
    14  least  eighty-five  percent  of  the  amount of the base fee. Applicants
    15  shall pay the additional fee unless their application is accompanied by:

    16  (i) a statement signed by a licensed veterinarian providing that the dog
    17  has been sterilized or that such veterinarian has examined the  dog  and
    18  found  that because of old age or other permanent medical condition, the
    19  life of the dog would be endangered by sterilization, or (ii)  a  state-
    20  ment,  approved  as  to  form  by  such commissioner and affirmed by the
    21  applicant, that the dog has been sterilized.
    22    (4) The amount collected for the additional fee charged for a  license
    23  to  be issued or renewed for an unsterilized dog as provided in subdivi-
    24  sion three of this section shall be forwarded to  the  city  comptroller
    25  for  deposit  in  the animal population control fund created pursuant to

    26  section 17-812 of the administrative code of the city of New York.
    27    (5) When a license is issued or renewed for  a  term  other  than  one
    28  year,  the  fees  shall be a prorated amount of the fees per year set as
    29  provided in subdivision three of this section.
    30    (6) Any person who fails to renew a license prior to its date of expi-
    31  ration may be required to pay a late fee upon renewal of a license, with
    32  the amount of such late fee set by local law. Such amount  shall  be  no
    33  more  than twenty percent of the amount of the base fee for a license to
    34  be issued or renewed as provided in subdivision three of this section.
    35    (7) The application for a license to be issued  or  renewed  shall  be

    36  accompanied by a statement as prescribed by such commissioner, notifying
    37  the applicant that he or she may submit, along with the fees required by
    38  this  section,  an  additional  amount to be utilized for the purpose of
    39  funding low-cost  sterilization  services  from  the  animal  population
    40  control  fund  created  pursuant to section 17-812 of the administrative
    41  code of the city of New York. Any additional amount  submitted  pursuant
    42  to this subdivision shall be deposited in such fund.
    43    (8)  From the fees collected pursuant to this act for each dog license
    44  issued or renewed, the sum of ten cents annually for the  term  of  such
    45  license  shall  be remitted by such city to the commissioner of agricul-

    46  ture and markets on or before the fifteenth day of each month, with such
    47  sum to be used to fund research into diseases of dogs and the search for
    48  and the study of viruses that affect people and animals.
    49    (9) The amount of any fee charged pursuant  to this act shall  not  be
    50  based in whole or part on the breed of the dog.
    51    §  3.  (1) Any person who is required to obtain or renew a dog license
    52  pursuant to this act but fails to do  so  may  be  issued  a  notice  of
    53  violation,  returnable  to  the  environmental  control  board or health
    54  tribunal of the office of administrative trials and hearings of the city
    55  of New York, and may be subject to a civil  penalty  of  not  more  than

    56  seventy-five  dollars  for  the  first  violation  and  no more than one

        A. 5950--B                          3
 
     1  hundred dollars when such person was found to have violated this section
     2  within the preceding five years. Such notice of violation may be  issued
     3  by  any  officer or agent of the department of health and mental hygiene
     4  of  such  city,  or any other agency or entity designated by the commis-
     5  sioner of health and mental hygiene or such city, when such  officer  or
     6  agent  observes  the dog for which such license has not been obtained or
     7  renewed.
     8    (2) Notwithstanding subdivision one of this section,  such  notice  of
     9  violation  may  not  be  issued  to  a person when such person is in the

    10  course of obtaining or renewing a license for  the  dog  for  which  the
    11  notice  of violation would be issued. It shall be an affirmative defense
    12  to any such violation that: (i) the person required to obtain or renew a
    13  dog license duly applied for such license or renewal prior to  the  date
    14  of the violation but the department of health and mental hygiene of such
    15  city  had  not  issued  or renewed such license; or (ii) such person had
    16  previously procured a license that was valid for a term that  ended  not
    17  more  than  thirty  days  before such notice of violation was issued and
    18  such person duly applied for renewal of such license subsequent to  such
    19  notice of violation being issued.

    20    (3)  Three  quarters  of  any amount paid as a penalty for a violation
    21  pursuant to this section shall be forwarded to the city comptroller  for
    22  deposit  in  the  animal  population  control  fund  created pursuant to
    23  section 17-812 of the administrative code of the city of New  York,  and
    24  the  remainder  shall  be used solely for carrying out the provisions of
    25  this act, establishing,  maintaining,  or  funding  shelters  for  lost,
    26  strayed,  or  homeless  animals,  providing  or funding public education
    27  regarding responsible animal care and dog  licensing  requirements,  and
    28  conducting other animal care and control activities.
    29    §  4.  (1)  With  each  license  issued or renewed under this act, the

    30  department of health and mental hygiene of such city  shall  supply  the
    31  applicant  with a certificate of license or renewal stating the name and
    32  address of the owner of the dog  and  the  number  of  such  license  or
    33  renewal.
    34    (2)  Every  dog  licensed  under  this act shall, at all times, have a
    35  collar about its neck with a tag made of metal or other durable material
    36  attached thereto, bearing the number of the license. Such tag  shall  be
    37  supplied  to the owner by such department. Such department shall provide
    38  notice with each such tag that anyone who shall use a license tag  on  a
    39  dog  for which it was not issued shall be deemed guilty of a misdemeanor
    40  as provided in section nine of this  act.  Nothing  in  this  act  shall

    41  prevent  such department from issuing specialty tags which, for an addi-
    42  tional cost set by local law, owners may purchase in lieu of the  stand-
    43  ard  tags  issued  pursuant to this section.  The commissioner of health
    44  and mental hygiene of such city may  issue  rules  requiring  that  dogs
    45  licensed  under  this act shall have attached to such collar a tag indi-
    46  cating that a rabies vaccination has been administered.
    47    (3) Such department may issue replacements for tags that are lost  and
    48  may  require  reasonable  proof of loss of the original and payment of a
    49  sum, set by local law, equal to the cost of replacement.
    50    (4) On or about the thirtieth day before the end of the term for which

    51  a license issued or renewed under this act shall be valid, such  depart-
    52  ment shall notify the licensee by mail or other means, using the contact
    53  information  provided pursuant to subdivision one of section two of this
    54  act, of the date by which renewal is required, the manner in  which  the
    55  licensee  may  apply  for  renewal, the fees associated with on-time and
    56  late renewal respectively, and the penalties to which the  licensee  may

        A. 5950--B                          4
 
     1  be  subject under section three of this act in the event he or she fails
     2  to renew such license.
     3    §  2.  Section  8  of chapter 115 of the laws of 1894, relating to the
     4  better protection of lost and  strayed  animals  and  for  securing  the

     5  rights of owners thereof, is amended to read as follows:
     6    §  8.  The [American society for the prevention of cruelty to animals]
     7  department of health and mental hygiene of such city is hereby empowered
     8  and authorized to carry out the provisions of this act,  and  [the  said
     9  society]  such  department  is  further  authorized  to  issue and renew
    10  licenses [and renewals], and to collect the fees [for such,]  set  forth
    11  in  this  act or otherwise established as [is herein] prescribed[, which
    12  fees are to] in this act.  Such  fees,  excluding  the  additional  fees
    13  charged  for  licenses  to  be  issued  or renewed for unsterilized dogs

    14  pursuant to subdivision three of section two of this act and the amounts
    15  specified in subdivision eight of section two of this act, shall be used
    16  [by said society towards defraying the] to defray such  city's  cost  of
    17  carrying  out  the  provisions  of this act [and mainatining a shelter],
    18  establishing, maintaining, or funding  shelters  for  lost,  strayed  or
    19  homeless  animals,  and  providing or funding public education regarding
    20  responsible animal care and dog licensing requirements.
    21    § 3. Sections 8-a and 8-c of chapter 115 of the laws of 1894, relating
    22  to the better protection of lost and strayed animals  and  for  securing
    23  the  rights of owners thereof, are REPEALED and section 8-b, as added by

    24  chapter 152 of the laws of 1971, is renumbered 8-a and amended  to  read
    25  as follows:
    26    §  8-a.  (1)  No  person  holding  a permit issued pursuant to section
    27  161.09 of the New York city health code or a license issued pursuant  to
    28  article  26-A  of the agriculture and markets law shall sell or transfer
    29  ownership of a dog in such city without first requiring the purchaser or
    30  other new owner to submit an application for a dog license  and  to  pay
    31  all  required  fees,  unless  such  purchaser  or  other new owner shall
    32  execute and submit to such seller or transferor a written statement that
    33  the dog to be purchased or transferred is to be harbored  outside  [the]

    34  such  city.  Such  applications and written statements shall be on forms
    35  furnished by the [society] department of health and  mental  hygiene  of
    36  such  city  and shall, within ten days after execution by a purchaser or
    37  other new owner, be forwarded by the seller or transferor to [the socie-
    38  ty] such department.
    39    (2) Any seller or transferor processing  an  application  pursuant  to
    40  subdivision  one  or three of this section shall, on or before the tenth
    41  day of the month next succeeding the month in which collected, remit  to
    42  [the  society]  such  department  the amount of fees collected less [one

    43  dollar] ten percent of the base fees set pursuant to  subdivision  three
    44  of section two of this act for each application processed.
    45    (3)  The  commissioner  of  health and mental hygiene of such city may
    46  designate any other person or entity, including but  not  limited  to  a
    47  person  or entity who provides care, treatment, services, or merchandise
    48  for animals, to process applications for dog licenses, collect fees, and
    49  remit the amount of fees collected less ten percent of such base fee  in
    50  accordance   with   this  section  and  otherwise  consistent  with  the
    51  provisions of this act.
    52    § 4. Section 9 of chapter 115 of the laws of  1894,  relating  to  the
    53  better  protection  of  lost  and  strayed  animals and for securing the

    54  rights of owners thereof, as amended by section 32 of part T of  chapter
    55  59 of the laws of 2010, is amended to read as follows:

        A. 5950--B                          5
 
     1    §  9.  Any  person or persons, who shall hinder or molest or interfere
     2  with any officer or agent of [said society] the department of health and
     3  mental hygiene of such city in the performance of any duty  enjoined  by
     4  this  act,  or who shall use a license tag on a dog for which it was not
     5  issued, shall be deemed guilty of a misdemeanor. [Any person who owns or
     6  harbors a dog without complying with the provisions of this act shall be
     7  deemed  guilty of disorderly conduct, and upon conviction thereof before
     8  any magistrate shall be fined for such offense any sum not exceeding ten

     9  dollars, and in default of payment of such  fine  may  be  committed  to
    10  prison  by such magistrate until the same be paid, but such imprisonment
    11  shall not exceed ten days.] Any person who for the  purpose  of  partic-
    12  ipating  in  the "animal population control program" shall falsify proof
    13  of adoption from a pound, shelter, duly  incorporated  society  for  the
    14  prevention  of  cruelty to animals, humane society or dog or cat protec-
    15  tive association or who shall furnish any licensed veterinarian of  this
    16  state with inaccurate information concerning his or her residency or the
    17  ownership  of  an  animal or such person's authority to submit an animal
    18  for a [spaying or neutering] sterilization procedure established  pursu-
    19  ant to section 17-812 of the administrative code of the city of New York

    20  and  any  veterinarian who shall furnish false information concerning an
    21  animal sterilization fee schedule or an animal sterilization certificate
    22  shall be guilty of a violation punishable by a fine of not more than two
    23  hundred fifty dollars where prosecuted pursuant to  the  penal  law,  or
    24  where  prosecuted  as  an  action to recover a civil penalty of not more
    25  than two hundred fifty dollars.   Notices of  violation  may  be  issued
    26  pursuant to this act by any officer or agent of the department of health
    27  and  mental  hygiene  of such city, or any other agency or entity desig-
    28  nated by the commissioner of health and mental hygiene of such city, and
    29  such notices of violation  shall  be  returnable  to  the  environmental
    30  control  board or to the health tribunal of the office of administrative

    31  trials and hearings of the city of New York.
    32    § 5. Section 13 of chapter 115 of the laws of 1894,  relating  to  the
    33  better  protection  of  lost  and  strayed  animals and for securing the
    34  rights of owners thereof, as renumbered by chapter 179 of  the  laws  of
    35  1987, is amended to read as follows:
    36    §  13.  [None  of the provisions of this act shall apply to dogs owned
    37  by] (1) An exemption from the dog licensing  requirements  of  this  act
    38  shall  be  provided  for the following persons, organizations, and busi-
    39  nesses:
    40    (a) individuals who are non-residents [passing through  the]  of  such
    41  city, [nor to dogs brought to the city and entered for exhibition at any

    42  dog  show] or who are temporarily residing in such city for a period not
    43  to exceed thirty days;
    44    (b) individuals for the first thirty days after becoming a resident of
    45  such city; and
    46    (c) for dogs in their temporary custody for the purposes of redemption
    47  by an owner,  placement  for  adoption,  boarding,  grooming,  training,
    48  veterinary  treatment  or  provision of other services: animal shelters,
    49  duly incorporated humane societies, duly incorporated societies for  the
    50  prevention  of  cruelty  to animals, duly incorporated animal protective
    51  associations, boarding kennels, grooming  parlors,  salons,  pet  shops,
    52  training establishments or similar businesses or establishments.

    53    (2)  An exemption from the dog license fees of section two of this act
    54  shall be provided for guide dogs, hearing dogs, service dogs  or  police
    55  work  dogs,  as such terms are defined in section 108 of the agriculture
    56  and markets law.

        A. 5950--B                          6
 
     1    § 6. Subdivision 2 of section 17-812 of the administrative code of the
     2  city of New York, as added by section 28 of part T of chapter 59 of  the
     3  laws of 2010, is amended to read as follows:
     4    2.  Such  fund  shall  consist of all moneys collected from the animal
     5  population control program established pursuant  to  section  17-811  of
     6  this  chapter [and], all moneys collected for the additional fee charged
     7  for a license to be issued or renewed for an unsterilized  dog  pursuant

     8  to  subdivision  three  of  section [three-a] two of chapter one hundred
     9  fifteen of the laws of eighteen hundred ninety-four, that portion of any
    10  penalties assessed under section three of such chapter due to be paid to
    11  such fund, and all other moneys credited or transferred thereto from any
    12  other fund or source pursuant to law.
    13    § 7. This act shall take effect on the sixtieth  day  after  it  shall
    14  have  become a law, provided that upon the repeal of sections 1, 2, 2-a,
    15  3, 3-a and 4 of chapter 115 of the laws of 1894, relating to the  better
    16  protection  of  lost  and strayed animals and for securing the rights of
    17  owners thereof, pursuant to  section  one  of  this  act,  any  existing
    18  licenses  or  renewals  thereof  issued  under  the  provisions  of such

    19  sections shall continue to be valid for such terms as they  were  issued
    20  under  such provisions; and provided further that such licenses shall be
    21  renewable pursuant to the new provisions added by section  one  of  this
    22  act; and provided further that upon the repeal of sections 1, 2, 2-a, 3,
    23  3-a  and  4  of  chapter 115 of the laws of 1894, relating to the better
    24  protection of lost and strayed animals and for securing  the  rights  of
    25  owners thereof, any license or renewal fees previously authorized and in
    26  effect  pursuant  to  such sections as of the date this act takes effect
    27  shall remain in effect until new fees shall be adopted and  take  effect
    28  pursuant  to local law enacted in accordance with this act; and provided
    29  further that notices of violation may not be issued pursuant to  section
    30  three  of chapter 115 of the laws of 1894, relating to better protection

    31  of lost and strayed animals and for securing the rights of owners there-
    32  of, until the one hundred twentieth day after this act shall have become
    33  a law.
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