Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2011/059.
For the purposes of this chapter, the following terms shall be defined as follows:
a. "Adoption" means the delivery of a dog or cat deemed appropriate and suitable by an animal shelter to an individual at least eighteen years of age who has been approved to own, care and provide for the animal by the animal shelter.
b. "Animal rescue group" means a duly incorporated not-for-profit organization that accepts homeless, lost, stray, abandoned, seized, surrendered or unwanted animals from an animal shelter or other place and attempts to find homes for, and promote adoption of, such animals by the general public.
c. "Animal shelter" means a not-for-profit facility holding a permit in accordance with § 161.09 of the New York city health code where homeless, lost, stray, abandoned, seized, surrendered or unwanted animals are received, harbored, maintained and made available for adoption to the general public, redemption by their owners or other lawful disposition, and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other organization devoted to the welfare, protection or humane treatment of animals.
c-1. "Companion animal" means any dog or cat, and also means any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. "Companion animal" does not include a farm animal as defined in section 350 of the agriculture and markets law or a wild animal as defined in section 161.01 of the New York city health code.
d. "Consumer" means any individual purchasing an animal from a pet shop. A pet shop shall not be considered a consumer.
e. "Feral cat" means an animal of the species felis catus who has no owner, is unsocialized to humans and has a temperament of extreme fear of and resistance to contact with humans.
f. "Full-service shelter" means a person required to have a permit issued pursuant to subdivision (b) of section 161.09 of the New York city health code that houses lost, stray or homeless animals and:
(1) accepts dogs and cats twelve hours per day, seven days per week;
(2) has an adoption program available seven days per week; and
(3) provides sterilization services for dogs and cats and any other veterinary services deemed necessary by a licensed veterinarian at such shelter or at a veterinary facility.
g. "Person" means any individual, corporation, partnership, association, municipality, or other legal entity.
h. "Pet shop" has the same meaning as such term is defined in section 17-371 of this title.
i. "Sterilization" means rendering a dog or cat that is at least eight weeks of age and that weighs at least two pounds unable to reproduce, by surgically altering such animal's reproductive organs as set forth in the rules of the department or by non-surgical methods or technologies approved by the United States food and drug administration or the United States department of agriculture and acceptable to the department. Such definition shall include the spaying of a female dog or cat or the neutering of a male dog or cat.
j. "Trap-neuter-return" means a program to trap, vaccinate for rabies, sterilize and identify feral cats and return them to the locations where they were found.
k. "Adoptable animal" means any companion animal subject to adoption as defined in subdivision a of this section.
(Am. L.L. 2015/007, 1/17/2015, eff. 6/1/2015; Am. L.L. 2015/053, 6/2/2015, eff. 6/1/2015; Am. L.L. 2019/200, 11/25/2019, eff. 12/25/2019; Am. L.L. 2019/222, 12/15/2019, eff. 1/14/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2002/012 and L.L. 2011/059.
a. A full-service shelter shall be maintained and operated in each borough of the city of New York. At least one of the full-service shelters shall be open to the public for the purpose of receiving animals twenty-four hours per day, seven days per week.
b. Field services having the capacity to pick up and bring to a shelter lost, stray, homeless or injured dogs and cats from all five boroughs shall be maintained and operated seven days per week, twelve hours per day. Where public health and safety is threatened, they shall have the capacity to pick up such animals twenty-four hours per day.
(Am. L.L. 2018/123, 6/26/2018, eff. 7/1/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2011/059 and L.L. 2018/123.
a. No full-service shelter or other shelter for homeless animals required to have a permit issued pursuant to subdivision (b) of section 161.09 of the New York city health code shall release a dog or cat to a person claiming ownership thereof, or to a person adopting such dog or cat, unless such dog or cat has been sterilized by a licensed veterinarian; provided, however, that such requirement shall not apply:
(1) if a licensed veterinarian certifies to such shelter that he or she has examined such dog or cat and found that because of a medical reason, the life of such dog or cat would be endangered by sterilization; provided, however, that such reason shall not consist solely of the youth of such dog or cat, if such dog or cat is at least eight weeks of age;
(2) in the case of a dog, if such dog, within the time period provided for by law, rule or regulation, is claimed by a person claiming ownership thereof, and such person demonstrates to the satisfaction of the shelter that such dog has a breed ring show record from the American Kennel Club or United Kennel Club or other similar, registry association, dated no more than twelve months prior to the date such dog entered such shelter, or such person claiming ownership is able to provide proof that such dog has successfully completed the requirements of the American Kennel Club or United Kennel Club or other similar, registry association, for the title Champion or its equivalent, at any time prior to the arrival of the dog at the shelter;
(3) in the case of a dog, if such dog, within the time period provided for by law, rule or regulation, is claimed by a person claiming ownership thereof, and such person demonstrates to the satisfaction of the shelter that such dog is a guide dog, hearing dog, service dog or police work dog; or
(4) in the case of a cat, if such cat within the time period provided for by law, rule or regulation, is claimed by a person claiming ownership thereof, and such person demonstrates to the satisfaction of such shelter that such cat has a breed show record from the Cat Fancier Association or other similar, registry association dated no more than twelve months prior to the date such cat entered such shelter or such person claiming ownership is able to provide proof that such cat has successfully completed the requirements of the Cat Fancier Association or other similar, registry association for the title Champion, Grand Champion or its equivalent, at any time prior to the arrival of the cat at the shelter.
b. No pet shop shall release to a consumer a dog or cat that has not been sterilized by a licensed veterinarian. Such veterinarian shall provide to the pet shop a certificate, in such form and manner as determined by rules promulgated by the department, stating the date on which such sterilization was performed.
c. Every pet shop, in accordance with rules promulgated by the department, shall maintain records of all sales of dogs and cats, sterilization procedures performed at the request of the pet shop, and veterinarian letters and certificates received, and shall retain such records, letters and certificates for a period of five years. Such records, letters, and certificates shall be made available to the department according to rules promulgated by the department. The department may require that such documents be submitted by electronic means.
d. Every owner of a cat who permits such cat to roam outside the interior of the owner's dwelling shall have such cat sterilized. At the request of employees or authorized agents of the department, owners shall provide proof satisfactory to the department that a cat found roaming has been sterilized. The Department shall not seize a cat solely on the ground that the cat has not been sterilized.
e. The department shall post and maintain on its website a regularly updated list of organizations in New York city that offer trap-neuter-return information and conduct trap-neuter-return activities.
f. A pet shop that allows an animal shelter or animal rescue group to use such pet shop's premises for the purpose of making animals available for adoption shall be exempt from the requirements of subdivisions b and c of this section with respect to such animals, provided such pet shop does not have an ownership interest in any of the animals that are made available for adoption.
(Am. L.L. 2015/007, 1/17/2015, eff. 6/1/2015; Am. L.L. 2015/053, 6/2/2015, eff. 6/1/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2011/059 and L.L. 2012/043.
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