When used in this article, the following terms shall have the following meaning:
Adoption means the delivery to any natural person eighteen years of age or older, for the limited purpose of harboring as a pet, a homeless, lost, stray, abandoned, seized, surrendered, or unwanted animal.
Animal behaviorist means a person certified as an applied animal behaviorist or veterinary behaviorist by the Animal Behaviorist Society or other person with qualifications acceptable to the Department, who works with pets and their owners to modify animal behavior, provide socialization training for animals and their owners, and assesses or diagnoses behavioral pathology in animals.
Animal nuisances shall include, but not be limited to, animal feces, urine, blood, body parts, carcasses, vomitus and pervasive odors; animals that carry or are ill with contagious diseases communicable to persons or other animals; and dangerous dogs. A beekeeping nuisance shall mean conditions that include, but not be limited to, aggressive or objectionable bee behaviors, hive placement or bee movement that interferes with pedestrian traffic or persons residing on or adjacent to the hive premises; and overcrowded, deceased or abandoned hives.
Animal rescue group shall mean a not-for-profit organization, group or unincorporated entity that accepts unwanted dogs or cats from an animal shelter or other place and attempts to find homes for, and promote adoption of, such animals by the general public.
Animal shelter or shelter for homeless animals means a not-for-profit facility holding a permit in accordance with 24 RCNY Health Code § 161.09 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.
Boarding kennel business or establishment means a facility other than an animal shelter where animals not owned by the proprietor are sheltered, harbored, maintained, groomed, exercised, fed, or watered in return for a fee.
Cat means a domesticated animal of the species Felis catus kept as a pet, except for any animal that is a hybrid or cross-breed of such species whose possession is prohibited in New York City pursuant to 24 RCNY Health Code § 161.01.
Dangerous dog means a dog which menaces, threatens, attacks or bites a person or persons, or which kills or inflicts physical injury upon any persons, when such persons are peacefully conducting themselves in any place where they may lawfully be, and any dog owned or harbored for the purpose of dog fighting. A Department record of a bite report made pursuant to 24 RCNY Health Code § 11.03 or of a dog bite or other injury made by a police officer shall be prima facie evidence that a dog is dangerous.
Dog means a domesticated animal of the species Canis familiaris kept as a pet, but does not mean any other animal that is a hybrid or cross-breed of such species whose possession is prohibited in New York City pursuant to 24 RCNY Health Code § 161.01.
Exposure to rabies means a bite or non-bite penetration of the skin; or contamination of an open wound, abrasion, scratch or mucous membrane with saliva or other potentially infectious material from an animal subject to rabies.
Grooming parlor, salon, business, or establishment means a facility where animals are presented by their owners for bathing, dipping, clipping, combing, or cleaning for the purpose of improvement of the animal's appearance and or well-being in return for a fee and establishments which provide facilities for owners to groom their own pets.
Guard dog means a dog which is trained or used for personal protection, area protection, and/or the apprehension or warding off of an individual by means of barking, threatening gestures, biting, or restraining by the use of its teeth. Guard dog shall not include a police work dog as defined in Agriculture and Markets Law § 108(18), or successor provision.
Hybrid or cross-breed shall mean the offspring produced by two animals of different breeds, varieties or species.
Lost, stray and homeless animals. For the purpose of determining applicability of the Animal Shelters and Sterilization Act, §§ 17-801 et seq. of the Administrative Code, lost, stray and homeless animals shall mean any animals owned or formerly owned by residents of the City of New York, or animals whose owners are unknown, that are brought into or accepted by any New York City animal shelter by any person for any reason other than for the purpose of evaluation by an animal behaviorist pursuant to a request of the Department or order of the Commissioner.
Operating or in operation. An animal business or facility regulated by this Article is "operating" or "in operation" if any animals are being harbored or kept on its premises, and regardless of whether such business or facility is open to the public.
Owner means any person who owns, harbors, possesses, adopts, cares for or keeps an animal.
Pet shop means a facility other than an animal shelter where live animals are sold, exchanged, bartered, or offered for sale as pet animals to the general public at retail for profit.
Severe injury, with respect to an injury inflicted by a dog, means any physical injury inflicted by such dog upon a person that causes at least a broken bone or a disfiguring laceration requiring either multiple stitches or cosmetic surgery.
Small animal means a companion animal such as a dog, cat, fish, bird, rabbit, reptile, gerbil, hamster or other animal whose possession is not prohibited by 24 RCNY Health Code § 161.01.
Stable for horses means a building where one or more horses are housed and/or maintained.
State Sanitary Code shall mean Chapter 1 of Title 10 of the Codes, Rules and Regulations of the State of New York, or successor rules.
Training establishment for small animals means a facility where small animals, whether or not belonging to the owner or employee of such facility, are trained for any purpose in return for a fee.
(Amended City Record 6/15/2016, eff. 7/15/2016; amended City Record 9/20/2017, eff. 10/10/2017)