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(a) Policy and scope. When the Department receives a report of a dangerous dog, the Department may, in any case where it deems it necessary, investigate the circumstances giving rise to the report and, if the Department determines that the dog is a dangerous dog, it may take any action authorized by applicable law, including this Code, that it deems necessary to protect the public health and safety.
(b) Dogs brought into a shelter. When a dangerous dog is brought into an animal shelter, or when a dog held in an animal shelter injures a person, the operator of the shelter shall, no later than the first business day after the dog is admitted to the shelter or after the dog in the shelter injures a person, report the injury to the Department. The shelter shall obtain from the person owning or presenting the dog, and the report shall, to the extent that the shelter operator has such information, include a description of the circumstances in which injury was caused by the dog; the names, addresses and other contact information for the injured person(s), the dog's owner, and any witnesses to the incident; the types of injuries inflicted by the dog; and any other information required by the Department. The shelter operator shall thereafter immediately provide the Department with any additional information received about the incident.
(c) Rabies observation period. Any dog that is brought to a shelter after causing an injury to a person or that is involved in any incident that creates a possible exposure to rabies shall be held by the shelter for ten days, over which time such dog shall be observed by a veterinarian to determine whether it has developed signs and symptoms of rabies.
(1) A dog held for rabies observation that is subsequently involved in any other incident potentially exposing any person or animal at the shelter to rabies shall, commencing on the date of the most recent incident, be held by the shelter for an additional ten days to be observed for signs and symptoms of rabies.
(2) If a licensed veterinarian determines that a dog has signs or symptoms consistent with rabies, the dog shall be humanely euthanized and its remains shall be tested for rabies.
(3) The Department may authorize release of a dog to its owner before the expiration of the ten days rabies observation period if the Department determines that the dog is not a dangerous dog, and the owner agrees to continue to observe the dog for signs and symptoms of rabies over the remainder of the observation period and to make daily reports of his or her observations to the Department in accordance with 24 RCNY Health Code § 11.27(e).
(d) Determination of a dangerous dog.
(1) Evaluation of a dog in a shelter. The Department shall make a preliminary determination as to whether any dog being held in a shelter after causing injury to a person is a dangerous dog. In making such determination, the Department shall consider the circumstances of the incident resulting in the dog's placement in the shelter, the nature and severity of the injuries reportedly inflicted by the dog, and the dog's prior history of biting and/or causing injury. When deemed necessary by the Department, an assessment by an animal behaviorist may also be considered.
(2) If dog is determined to be dangerous. If the Department determines that a dog being held at a shelter is dangerous, it shall notify the owner of the dog of such determination in writing, prior to expiration of the ten day rabies observation period. The notification shall include the Department's recommendations for the disposition of the dog, including any control measures authorized by subdivision (g) of this section that the Department deems necessary as conditions for the owner's continued possession of the dog.
(3) If a dog is not determined to be dangerous. If the Department determines that a dog being held at a shelter is not dangerous, it shall notify the shelter that the dog may be returned to its owner at the end of the rabies observation period, provided the dog has been vaccinated against rabies, licensed, and surgically sterilized in accordance with applicable law.
(4) Other disposition. A dog surrendered to a shelter by its owner for any reason shall be made available for adoption or humanely euthanized, in accordance with applicable law. However, a dog that is surrendered by its owner as a dangerous dog or a dog trained for dog fighting shall not be made available for adoption by any person unless the shelter operator has completed a behavioral evaluation of the dog showing that the dog is not a dangerous dog, provided the results of the evaluation to the Department, and the Department has approved the release of the dog for adoption.
(e) Dogs that are not brought to a shelter. If the Department receives a report that a dog not being held by a shelter to be observed for symptoms and signs of rabies is dangerous, the Department may order the dog's owner to make the dog available for examination by an animal behaviorist, or may order any other control measures authorized by subdivision (g) of this section for protection of public health and safety.
(1) Place of examination. The Department may arrange for the examination to be conducted at a shelter or other place where the Department determines the public will be adequately protected. If a dog is brought by its owner to a shelter for examination pursuant to this section, the dog shall not be deemed a homeless or abandoned dog, and the shelter shall not be required to surgically sterilize the dog prior to releasing it to its owner. However, such dog shall not be released unless it is currently vaccinated against rabies in accordance with 24 RCNY Health Code § 11.29, and has been licensed in accordance with 24 RCNY Health Code § 161.04.
(2) Failure to present dog for examination. If an owner fails to comply with an order of the Department to make his or her dog available for examination by an animal behaviorist, the owner's failure to comply with such order shall be evidence in any hearing commenced by the Department that the dog is dangerous and that its owner is perpetuating a nuisance in violation of 24 RCNY Health Code § 3.07.
(f) Hearings.
(1) Owner objections. The Department shall notify the owner of a dog of its preliminary determination that the dog is dangerous and of any control measures authorized by subdivision (g) of this section that it deems necessary to protect public health and safety. If the owner does not agree with the Department's preliminary determination or that the proposed control measures are necessary, the Department shall serve the owner with a petition and notice of hearing to show cause at a hearing to be held at the City's Office of Administrative Trials and Hearings (OATH) why the dog should not be found to be a dangerous dog and why conditions should not be imposed on the dog and owner to protect the public's health and safety.
(2) Scheduling hearings.
(A) An OATH hearing shall be scheduled by the Department for a date and time that is no more than twenty days after the petition is mailed to the owner, and the petition and notice of hearing shall be mailed to owner no later than fifteen days after the dog's entry into the shelter, unless the owner of the dog and the Department agree to a later date. If the last dates for mailing and scheduling a hearing fall on a Saturday, Sunday or City holiday, the date of mailing the petition and scheduling the hearing shall be the next business day.
(B) Such time periods shall not apply when the owner's identity and address are not known when a dog is first admitted to a shelter. In such cases, when the Department subsequently learns the owner's identity and address, and if the time for reclaiming a dog from a shelter has not expired, the time period to schedule a hearing set forth in paragraph (2) above shall start to run on the date the Department learns the owner's identity and address.
(3) Severe injuries. A dog that has caused a severe injury to any person, or a dog that the Department determines, based on the circumstances that prompted the Department's investigation, was prevented from inflicting severe injury by the action of a third party or other circumstance, shall continue to be held in a shelter until and unless the Commissioner has received a report and recommendation of an OATH administrative law judge finding that the dog is not a dangerous dog.
(4) Other injuries. A dog that does not meet the criteria in paragraph (3) above, may remain with its owner or, if held in a shelter, shall be returned to its owner, at the completion of the rabies observation period, to remain with its owner pending an OATH hearing.
(5) Abandonment. If an owner of a dog that is preliminarily determined to be dangerous and that is being held at a shelter fails to appear at an OATH hearing and is found in default, or if the identity or address of a dog's owner is unknown, such dog shall be deemed abandoned and shall be disposed of in accordance with applicable law.
(g) Control measures authorized. The Commissioner may order any action deemed necessary to control a dangerous dog and prevent injuries to persons, including, but not limited to, ordering that a dangerous dog be:
(1) Surrendered for the purpose of humane euthanasia;
(2) Permanently removed from the City;
(3) Muzzled whenever it is in a public place or in any open or unfenced area abutting on a public place;
(4) Evaluated, at the owners' expense, by an animal behaviorist to determine whether the animal and any persons handling the animal may be trained in the safe management of the animal, and be trained when indicated;
(5) Spayed or neutered, if the owner does not maintain proof satisfactory to the Department that the animal was previously altered;
(6) Microchipped to enable identification of the dog if it inflicts further injury; or
(7) Confined in a place where there are sufficient barriers between the dog and passersby lawfully on public streets and areas abutting the owner's property.
(h) Guard dogs. Any dog owned, kept, engaged in or trained to attack persons that is not currently registered with the Department as a guard dog pursuant to 24 RCNY Health Code § 161.09(g) shall be deemed to be a dangerous dog and shall be surrendered to the Department, upon the request of the Department, by the person who owns, possesses or controls it, for the purpose of performing an examination and for such other disposition as the Department may order in accordance with this section.
(i) Dogs kept for dog fighting. Any dog owned, kept, engaged in or trained for dog fighting, or any dog owned, kept or trained to attack persons and not properly registered as a guard dog pursuant to 24 RCNY Health Code § 161.09(g), shall be deemed to be a dangerous dog and shall be surrendered to the Department by the person who owns, possesses or controls it, for the purpose of performing an examination and for such other disposition as the Department may order in accordance with subdivision (g) of this section.
(j) Dangerous dogs presumed to be a nuisance. When the Department determines that a dog is dangerous in accordance with this section, it shall be presumed that the owner or other person who harbored the dog trained, caused or permitted the dog to be dangerous, so as to establish a prima facie maintenance of a nuisance in violation of 24 RCNY Health Code § 3.09.
(k) Impoundment. A dog that is in a public area and that is menacing persons, or a dog that has caused a severe injury to a person, or a dangerous dog owned by a person who has violated an order of the Commissioner issued pursuant to this section, may be impounded by the Department or by a police or other peace officer, or killed by a police or other peace officer, if capture is dangerous.
(l) Disclosure of medical information. In addition to submitting the reports of animal bites required by 24 RCNY Health Code Article 11, upon receipt of a written request from the Department, a medical or other health care provider shall forward to the Department copies of medical records concerning diagnosis and treatment of bites or other injuries to persons that were inflicted by, or resulted from attacks by dogs or other animals.
(m) Public information relating to dangerous dogs.
(1) Copies of records and reports maintained by the Department concerning dangerous dogs may be made available in accordance with the Public Officers Law, provided that, if the persons injured who are the subjects of such records are not the persons requesting such reports, such reports shall be redacted of all identifying information about the subjects, complainants and person(s) injured or menaced.
(2) Information about injuries caused by dangerous dogs contained in medical and other records obtained by the Department may be disclosed in the course of OATH proceedings to owners of dogs, their attorneys, and to administrative law judges at OATH if such information is relevant to a determination as to whether a dog is dangerous or has caused severe injury to a person. Such information shall not be further disclosed without authorization of the person to whom the records pertain except when disclosure may be necessary in further proceedings related to the OATH matter.
Editor's note: see Administrative Code §§ 17-342 et seq.
(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)
(a) A permit required by 24 RCNY Health Code § 161.09 shall not be issued unless the applicant proves to the satisfaction of the Commissioner that the place for which the application is made does not constitute a nuisance because of its proximity to a residential, business, commercial or public building, and that the place will be maintained so as not to become a nuisance.
(b) The owner, lessee or person in charge of any place where animals are kept pursuant to a permit required by 24 RCNY Health Code § 161.09, shall take all measures necessary for integrated pest management of insect, rodent and other vermin required by 24 RCNY Health Code Article 151, and shall conduct such place so as not to create an animal nuisance as defined in this Article.
(c) Every place where animals are kept pursuant to a permit required by 24 RCNY Health Code § 161.09 shall be equipped with and shall maintain supplies of implements and materials, such as brooms, hoses, hose connections, vacuum cleaners where dusty conditions are found, covered metal receptacles, brushes, disinfectants and detergents, as may be required to maintain sanitary conditions. Such places shall have regularly assigned personnel to maintain sanitary conditions.
The holder of a permit issued pursuant to 24 RCNY Health Code § 161.09 or the person in charge of the place for which the permit is issued shall inspect or designate a qualified or trained employee to inspect the premises at least once every two months and record the results of the inspection on a form furnished by the Department. Such records shall be kept on file for one year. If an inspection shows a violation of any provisions of this Code, the permittee or person in charge shall promptly correct such condition. A record of self inspection shall be available for inspection by the Department, but shall not be subject to inspection by others, or to subpoena, and shall not be used in, or as the basis for prosecution.
(a) Dwellings and food service establishments. Animals shall not be sold, held for sale, or boarded, groomed or trained in exchange for a fee in a dwelling in which a person lives. Aquatic animals, as defined in 24 RCNY Health Code Article 81, shall not be sold, held for sale or kept in the same place where food or drink is sold for human consumption. This subdivision shall not prevent a food service establishment from keeping live fish species intended for human consumption and obtained from a legal food source or from displaying live fish in an ornamental aquarium.
(b) Providing and submitting dog license applications.
(1) An entity permitted, pursuant to 24 RCNY Health Code § 161.09 must provide a dog license application to any person seeking to purchase, adopt, reclaim, or take custody of a dog unless the person demonstrates that the dog is already licensed or signs a sworn statement that the dog will live outside the City. The person seeking to purchase, adopt, reclaim, or take custody of the dog must complete the application and return it, along with any fees due, to the permitted entity. Such entity must forward the completed application along with any fees to the Department within five (5) business days, and the Department will issue the license and send it to the dog's owner.
(2) Whenever a dog receives training, grooming, or boarding services from an entity permitted, pursuant to 24 RCNY Health Code § 161.09 to provide only those services, the entity must provide the dog owner with a dog license application, unless either the dog owner provides proof that the dog has a Department-issued license, or the dog lives outside of the City.
(c) An entity permitted, pursuant to 24 RCNY Health Code § 161.09 must maintain and keep for one year a record of purchases, sales, boarding, grooming, training, sheltering of homeless animals, and adoption services rendered. When a dog or cat is purchased, sold, adopted or kept, the permittee must make an entry in the record that includes (1) the name and address of the person from whom it was purchased, to whom it was sold or given for adoption, or who ordered boarding, grooming, or training services for such animals; and (2) a complete description of the animal, including its age, sex, and breed. On at least a monthly basis, the permittee must report to the Department, on a form furnished by the Department, all licensed and unlicensed dogs which have been sold, adopted, groomed, trained, boarded, sheltered, or otherwise served. Such form must include the name and address of the dog owner and license number of all licensed dogs as well as any other descriptive information regarding the dog as may be required by the Department.
(d) A holder of a permit to keep small animals for sale, boarding, grooming or training shall not sell or hold any animal that is affected with or that has been exposed to a disease communicable among small animals unless such affected or exposed animal is under the care of a licensed veterinarian.
(e) Proof of vaccinations required.
(1) Proof of rabies vaccination. Prior to providing boarding, grooming, or training services, an entity issued a permit, pursuant to 24 RCNY Health Code § 161.09 must obtain proof from the owner of each dog, cat, or other animal that the animal is currently vaccinated for rabies, unless there is no USDA-approved rabies vaccine for such animal, or that the animal has a medical condition for which rabies vaccination is contraindicated. Such proof must be either (i) a copy of a rabies vaccination certificate, or (ii) a signed letter from a veterinarian verifying the animal's vaccination status or exemption from vaccination. Such proof must be maintained on the premises for at least one year and provided to the Department upon request.
(2) Other vaccinations for dogs.
(A) Boarding kennels and training establishments. Prior to providing boarding, grooming or training services, an entity issued a permit, pursuant to 24 RCNY Health Code § 161.09 must obtain proof from the owner of each dog provided services that the dog is currently actively vaccinated against distemper, adenovirus, parainfluenza, parvovirus and Bordetella, or that the animal has a medical condition for which vaccination is contraindicated. Such proof may include, but is not limited to, (i) a receipt from a veterinary office for vaccines provided, (ii) a summary of a veterinary visit prepared by the veterinary office indicating such vaccines were administered, or (iii) a copy of a signed letter from a veterinarian stating that the dog has been so vaccinated or that the dog has a medical condition for which vaccination is contraindicated. The accepted proof must be maintained on the premises for at least one year and provided to the Department upon request.
(B) Entities providing grooming services only. A holder of a permit to operate a grooming parlor where only grooming services are provided must obtain from the owner of each dog that is provided services either (i) a sworn statement of the owner that the dog is currently actively vaccinated against distemper, adenovirus, parainfluenza, parvovirus and Bordetella along with the name and contact information of the veterinarian who administered the vaccinations, or (ii) a receipt from a veterinary office for vaccines provided, or (iii) a summary of a veterinary visit prepared by the veterinary office indicating such vaccines were administered, or (iv) a copy of a signed letter from a veterinarian stating that the dog has been so vaccinated or that the dog has a medical condition for which vaccination is contraindicated. The accepted proof must be maintained on the premises for at least one year and provided to the Department upon request.
(f) Cage or box dryers prohibited. Facilities that care for or provide services to small animals must not dry any such animal using a cage or box dryer or any other dryer that is equipped with a heating element that is not handheld.
(Amended City Record 9/20/2017, eff. 10/10/2017)
A pet shop, boarding kennel, shelter, and any other place where animals are kept that is permitted, pursuant to 24 RCNY Health Code § 161.09 must meet the requirements of 24 RCNY Health Code Articles 131 and 151 for maintaining facilities and eliminating conditions conducive to pests. The floors, walls, implements, and cages in such place must be kept clean and in good repair, and cages must be disinfected when necessary. An individual cage must be provided for the use of each dog or cat three months of age or over except when isolation in a separate cage is medically contraindicated or animals are caged together for a humane reason. In such cases, a veterinarian must provide a written statement and any other documentation required by the Department indicating the reasons more than one animal should be caged together. Such documentation must be maintained on the premises and be available for inspection. Nothing in this Code prohibits the establishment of dog or cat group socialization or play areas in boarding facilities regulated by this Code, provided that animals allowed in such areas are certified by a veterinarian as vaccinated against rabies and free of other diseases and parasites transmissible to humans or other animals.
(Amended City Record 9/20/2017, eff. 10/10/2017)
(a) No person shall keep a live rooster, duck, goose or turkey in the City of New York except (1) in a slaughterhouse authorized by federal or state law that is subject to inspection by the New York State Department of Agriculture and Markets or the United States Department of Agriculture, or (2) as authorized by 24 RCNY Health Code § 161.01(a).
(b) A person who is authorized by applicable law to keep for sale or sell livestock, live rabbits or poultry shall keep the premises in which such animals are held and slaughtered and the surrounding areas clean and free of animal nuisances.
(c) Live rabbit and poultry markets. Live rabbits and poultry intended for sale shall not be kept on the same premises as a multiple dwelling as defined in section 4 of the Multiple Dwelling Law, or other residence. Coops or runways of live rabbit and poultry markets shall be located at least 25 feet away from any building.
(a) A stable for horses shall meet the requirements in 24 RCNY Health Code Article 131 governing walls, floors, ventilation, lighting and plumbing and shall have rodent proofing when required by the Department because of evidence of rat infestation. The Department, under such appropriate conditions as it may require, may allow a stable for racing horses to have in the stalls an impacted earth floor with straw, hay or similar material used for bedding.
(b) All exposed surfaces in a stable for horses shall be kept clean, and the walls, ceilings and exposed woodwork shall be whitewashed when necessary.
(c) Straw, hay or other material used as bedding shall not be placed upon a street, sidewalk or roof of a building.
(d) A horse-watering trough shall be maintained in a clean and sanitary condition and supplied with clean water.
(e) Except in unimproved areas, a stable shall not have or use a manure vault, pit or bin.
(f) All manure and other refuse shall be kept and treated within the stable in a manner satisfactory to the Department so as to minimize odors and prevent the breeding of flies or other annoying or unsanitary conditions. Manure shall either be removed daily or pressed into bales or barrels, adequately protected against flies and otherwise treated in a manner satisfactory to the Department. Manure or other stable refuse shall not be permitted to remain in a stable for more than four days.
(g) Unless special facilities satisfactory to the Department are provided for outside loading, the vehicle in which manure is to be removed shall be completely inside the stable and the stable doors shall be closed when manure is loaded. When barrels are unloaded they shall be cleaned and deodorized inside the stable in a manner satisfactory to the Department so as to prevent the creation of a nuisance.
(h) A stable yard or other area used by animals shall be kept clean, and the surface shall be graded so as to prevent the accumulation of liquids.
(i) All horses owned, boarded, used or brought into the City of New York for any purpose shall have an annual rabies vaccination. Every person who owns a horse and every person who owns or maintains a stable for horses in the City of New York shall maintain a record of such horse's rabies vaccinations and make such records available to officers, agents and employees of the Department for examination upon request. Requirements for rabies vaccination for horses shall apply to all horses housed or brought into any stable in the City of New York regardless of whether the stable is required to hold a permit issued pursuant to this Article.
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