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§ 161.15 Keeping of Small Animals for Sale, Boarding, Grooming, or Training.
   (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)