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This subchapter shall be known and may be cited as the "Boarding Kennel Regulation Act".
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/067.
For the purposes of this section, the term "boarding kennel, business or establishment" means a facility other than an animal shelter where animals not owned by the proprietor of such facility are sheltered, harbored, maintained, groomed, fed or watered in return for a fee.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/067.
No dog shall be accepted at a boarding kennel, business or establishment unless the owner of such dog is in compliance with section 161.15(e) of the New York city health code.
(Am. L.L. 2019/206, 11/25/2019, eff. 2/23/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/067.
Every boarding kennel, business or establishment shall maintain and make available for inspection records for each dog utilizing such facility for a period of twelve (12) months from the last day of such utilization indicating: the owner's name, address, telephone number and emergency contact; duration of stay; services provided; and proof of vaccinations or veterinarian's statements that vaccination is contraindicated.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/067.
The department shall conduct an inspection of the records of each boarding kennel, business or establishment to determine such facility's compliance with the provisions of this subchapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/067.
The department may promulgate rules as may be necessary for the purpose of implementing and carrying out the provisions of this subchapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/067.
Any owner or operator of a boarding kennel, business or establishment that violates any provision of this subchapter shall be liable for a civil penalty of two hundred and fifty dollars for each violation. A proceeding to recover any such civil penalty shall be commenced by the service of a notice of violation which shall be returnable to the administrative tribunal established by the department. Such tribunal shall have the power to impose civil penalties prescribed by this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/067.
Subchapter 9: Pet Shops
As used in this subchapter, the following terms have the following meanings:
Arm’s length transaction. The term “arm’s length transaction” means a sale of a business for consideration that reflects the fair market value of such business or its assets, between 2 informed and willing parties, that is not made, wholly or in part, for the purpose of enabling the seller to avoid liability for violations issued by the department. A sale shall be presumed not to be an arm's length transaction if it is:
1. A sale to an individual, or to a corporation or other business that is owned by the spouse, domestic partner, parent, grandparent, child or stepchild of any of the sellers, or is the direct descendent of a grandparent, the spouse or domestic partner of any of the sellers;
2. A sale to an individual or entity that has a business or financial interest in the seller; or
3. A sale to an entity in which any of the sellers has a business or financial relationship.
Permit. The term “permit” means a written license and authorization to carry on specified activities as regulated by this subchapter or other applicable law enforced by the department.
Permittee. The term “permittee” means a natural person or other entity who holds a valid permit issued by the commissioner pursuant to this subchapter or other applicable law enforced by the department.
Pet shop. The term “pet shop” means a facility other than an animal shelter, as such term is defined in section 17-802, where live animals are sold, exchanged, bartered, or offered for sale as pet animals to the general public at retail for profit. Such definition shall not include duly incorporated humane societies dedicated to the care of unwanted animals that make such animals available for adoption, whether or not a fee for such adoption is charged.
(L.L. 2015/005, 1/17/2015, eff. 6/1/2015; Am. L.L. 2015/053, 6/2/2015, eff. 6/1/2015; Am. L.L. 2024/132, 12/21/2024, retro. eff. 12/15/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/005.
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