(a) Permit required.
(1) No person shall operate a pet shop, grooming parlor, boarding kennel or training establishment for small animals whose possession is not prohibited by 24 RCNY Health Code § 161.01, without a permit issued by the Commissioner.
(2) Workers' compensation and disability benefits insurance. No permit required by this Article shall be issued to any person unless such person produces proof satisfactory to the Department that policies for workers' compensation insurance and disability benefits have been secured in accordance with Workers' Compensation Law § 56, or successor statute.
(b) Animal shelter. No person shall construct or operate a shelter for homeless animals without a permit issued by the Commissioner.
(c) Keeping and yarding of cattle, swine, sheep and goats prohibited. Except as provided in 24 RCNY Health Code § 161.01(a), no person shall keep or yard cattle, swine, sheep or goats.
(d) Permits for horse stables required. No person shall maintain or operate a stable for horses without a permit issued by the Commissioner except that no permit shall be required where a natural person or family owns a horse stable solely for housing and maintaining horses owned and used by the person or family for its exclusive recreational, non-commercial purposes.
(e) Selling of certain animals prohibited. No person shall engage in the business of or hold herself or himself out as engaging in the business of importing, or selling, or offering for sale any animal of a species whose possession is prohibited pursuant to 24 RCNY Health Code § 161.01 and no person shall operate a facility for the preparation or manufacturing of snake or arachnid anti-venom without a permit issued by the Commissioner.
(f) Small animal handling course required. No person who is charged with the supervision of a pet shop or business for the sale or offer for sale of dogs, cats or other small animals, or the boarding or grooming of small animals, or animal training, or similar type of operations, shall engage or be employed in such capacity unless he or she obtains a certificate indicating the successful completion of a course, acceptable to the Department, in the care and handling of such animals.
(1) Such certificate shall be placed in a clean, transparent cover or frame and displayed on the premises where the holder thereof is so engaged or employed in such a manner as to be clearly visible to the public. It shall be available for inspection at all times by the Department. No person shall mutilate, obstruct or tear down such certificate.
(2) The holder of such certificate shall successfully complete a refresher course in the care and handling of such animals when deemed necessary by the Department. The Department may require the holder of such certificate to complete a refresher course acceptable to the Department when the Department finds continuing violations of the Code, or when a zoonotic outbreak implicates animals cared for, treated or held in the establishment she or he supervises, or when the Department requires such course to acquaint him or her with current developments in animal care and handling principles.
(3) The Department may conduct such courses or approve courses conducted by educational institutions. Persons electing to enroll in such courses conducted by the Department may be charged a reasonable enrollment fee to defray all or part of the costs incurred by the Department in their administration.
(g) Guard dogs. No person shall own a trained guard dog for use within the City unless she or he has licensed and registered such animal with the Department. Any case of loss, theft or transfer of ownership of a trained guard dog shall be reported by the owner to the Department within five (5) days of any such loss, theft or transfer. The Department may charge a reasonable fee to defray all or part of the cost incurred by the Department in the administration of this subdivision.
(1) Microchipping required. The owner of a trained guard dog shall have such dog implanted with a microchip as a permanent identification, and supply the identification number to the Department, and provide and see to it that such animal wears at all times a tag issued by the Department. Such tag shall have printed or stamped thereon, in clear and legible type, the words: "GUARD DOG". Such tag shall be suspended at least three quarters of an inch and not more than one and one half inches from a collar worn by such animal. Lost, stolen or damaged tags shall be reported to the Department and may be replaced by the Department at reasonable cost.
(2) Signs to be posted. Owners or other persons in control of any premises in which a trained guard dog is kept shall post a durable sign or notice, printed in clear and legible type, warning the public of the presence of such trained guard dog. The sign shall include the name and other contact information for the owner of the guard dog.
(3) Notice required. All persons who train, sell or rent guard dogs shall post a durable sign or notice, printed in clear and legible type stating that a copy of this section shall be provided by the trainer, seller or renter of a guard dog to any person who uses such dogs, warning that all users shall comply with licensing, tagging, microchipping and signage requirements.
(Amended City Record 6/15/2016, eff. 7/15/2016)