2006 New York Code - Lost and Strayed Animals 115/1894

Lost and Strayed Animals 115/1894



 
                       Chapter 115 of the laws of 1894
 
         AN ACT FOR THE BETTER PROTECTION OF LOST AND STRAYED ANIMALS,
              AND FOR SECURING THE RIGHTS OF THE OWNERS THEREOF
 
    Section  1.  Every  person who owns or harbors one or more dogs within
  the corporate limits of  any  city  having  a  population  of  over  two
  million, shall procure a yearly license and pay the sum of seven dollars
  and  forty  cents,  plus  a  tag  fee  of  one  dollar, for each dog, as
  hereinafter provided; and in applying for such license, or  any  renewal
  under  section  two  hereof,  the owner shall state in writing the name,
  sex, breed, age, color and marking of the dog, for which the license  is
  to  be  procured.    In  the  case  of  a  spayed or neutered dog, every
  application shall also be accompanied  by  a  certificate  signed  by  a
  licensed  veterinarian or an affidavit signed by the owner, showing that
  the dog has been spayed or neutered. In  lieu  of  the  spay  or  neuter
  certificate or affidavit an owner may present a statement certified by a
  licensed  veterinarian  stating  that  he has examined the dog and found
  that because of old age or other reason, the life of the  dog  would  be
  endangered by spaying or neutering.
    §  2.  On  and  after  the  effective  date  of this act, licenses and
  renewals thereof granted under this act shall be valid for a term of one
  year from the date of  issuance,  and  must  be  renewed  prior  to  the
  expiration  of the term by the payment of seven dollars and forty cents,
  plus a tag fee of one dollar, for each renewal.
    § 2-a. Any person who was required to but failed to obtain  a  license
  or  renewal  thereof  on or before the date prescribed by section two of
  this act or within ten days thereafter, shall pay, in  addition  to  the
  fee  prescribed  by  this  act  for  such  license  or  renewal,  a late
  registration fee of two dollars.
    § 3. Each certificate of license or renewal shall state the  name  and
  address  of the owner of the dog, and also the number of such license or
  renewal.
    § 3-a. In addition to the fee charged pursuant to sections one and two
  of this chapter, any person applying for a dog license shall pay  a  fee
  of  three  dollars for any dog four months of age or older which has not
  been spayed or neutered  unless  an  owner  presents  with  the  license
  application  a  statement  certified  by a licensed veterinarian stating
  that he or she has examined the dog and found that because of old age or
  other reasons, the life of the dog would be  endangered  by  spaying  or
  neutering. All fees collected pursuant to the provisions of this section
  shall  be  forwarded  to the state comptroller for deposit in the animal
  population control fund created pursuant to section 97-xx of  the  state
  finance law and section 117-a of the agriculture and markets law.
    §  4. Every dog so licensed shall at all times have a collar about its
  neck with a metal tag  attached  thereto,  bearing  the  number  of  the
  license stamped thereon.
    § 5. Dogs not licensed pursuant to the provisions of this act shall be
  seized,  and  if not redeemed within forty-eight hours, may be destroyed
  or otherwise disposed of, as hereinafter provided.
    § 6. It is further provided that any cat found  within  the  corporate
  limits of any such city without a collar about its neck bearing the name
  and  residence  of the owner stamped thereon, may be seized and disposed
  of in like manner, as prescribed above for dogs.
    § 7. Any person claiming a dog or cat seized under the  provisions  of
  this  act,  and  proving  ownership thereof, shall be entitled to resume
  possession of the animal on payment of the sum of three dollars.

§ 8. The American society for the prevention of cruelty to animals is hereby empowered and authorized to carry out the provisions of this act, and the said society is further authorized to issue licenses and renewals, and to collect the fees for such, as is herein prescribed, which fees are to be used by said society towards defraying the cost of carrying out the provisions of this act and mainatining a shelter for lost, strayed or homeless animals. § 8-a. 1. The legislature finds and declares that the study of diseases of dogs is of vital importance to help in curbing the spread of disease and in promoting the health and welfare of the people of the state; that the research into diseases of dogs and the search for and the study of viruses that affect man and animals can be of invaluable assistance in preventing and curing disease generally; and that funds for such research and studies should be made available by increasing the annual fees for the licensing of dogs. 2. To all fees for licensing of dogs, as provided in this act, there shall be added the sum of ten cents. 3. On or before the fifteenth day of each month, the society shall remit to the commissioner of agriculture and markets all such additional ten cent license fees received by it during the preceeding month pursuant to this section. § 8-b. No person holding a permit issued pursuant to section 161.09 of the New York city health code shall sell a dog without first requiring the purchaser to submit an application for a dog license and to pay all required fees, unless such purchaser shall execute and submit to such seller a written statement that the dog to be purchased is to be harbored outside the city. Such applications and written statements shall be on forms furnished by the society and shall, within ten days after execution by a purchaser, be forwarded by the seller to the society. Any seller processing an application pursuant to this section shall, on or before the tenth day of the month next succeeding the month in which collected, remit to the society the amount of fees collected less one dollar for each application processed. § 8-c. Notwithstanding the provisions of section eight of this act, the power to issue licenses and renewals and to collect fees therefor, to maintain a shelter or other facility for lost, strayed and homeless animals in each borough and otherwise to carry out the provisions of this act may be transferred to any city having a population of over two million and exercised within such city by an agency designated by the mayor of such city. Such agency so designated shall be authorized to enter into a contract or contracts for the performance of some or all of the duties to be performed under this act with one or more organizations incorporated under the not-for-profit corporation law, except any such organization the corporate purposes of which include or which otherwise engages in the use of animals for research, experimentation, testing, teaching or demonstration, or any such organization, the directors, officers, employees or agents of which have been found to have engaged in any of the activities prohibited in section twelve of this act. The transfer of powers authorized by this section shall take effect: (1) on the effective date of an agreement between such city, acting by its mayor, and the American society for the prevention of cruelty to animals providing for the orderly transfer of the performance of such duties to an agency of the city; or (2) eighteen months after notice by such society to such city of such society's intention to relinquish the powers delegated to it by this act or such later date as may be specified in such notice, provided, however, that such society shall continue to exercise the powers so
delegated for such additional period of time as may be necessary to ensure an orderly transfer of the exercise of such powers to a city agency designated in accordance with this section; or (3) no less than eighteen months after notice by such city to such society of the city's intention to assume such powers or such later date as may be specified in such notice. § 9. Any person or persons, who shall hinder or molest or interfere with any officer or agent of said society in the performance of any duty enjoined by this act, or who shall use a license tag on a dog for which it was not issued, shall be deemed guilty of a misdemeanor. Any person who owns or harbors a dog without complying with the provisions of this act shall be deemed guilty of disorderly conduct, and upon conviction thereof before any magistrate shall be fined for such offense any sum not exceeding ten dollars, and in default of payment of such fine may be committed to prison by such magistrate until the same be paid, but such imprisonment shall not exceed ten days. Any person who for the purpose of participating in the "animal population control program" shall falsify proof of adoption from a pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society or dog or cat protective association or who shall furnish any licensed veterinarian of this state with inaccurate information concerning his or her residency or the ownership of an animal or such person's authority to submit an animal for a spaying or neutering procedure pursuant to section 117-a of the agriculture and markets law and any veterinarian who shall furnish the commissioner with false information concerning an animal sterilization fee schedule or an animal sterilization certificate submitted pursuant to subdivision 4 of section 117-a of the agriculture and markets law shall be guilty of a violation punishable by a fine of not more than two hundred fifty dollars where prosecuted pursuant to the penal law, or where prosecuted as an action to recover a civil penalty of not more than two hundred fifty dollars. § 10. The department of health of any city having a population of over two million, in consultation with the American society for the prevention of cruelty to animals, shall prescribe standards for such city for the humane treatment of animals impounded pursuant to this act and shall provide for regular inspection to ensure compliance with such standards. § 11. Any animal impounded pursuant to this act which is unclaimed may be delivered to an individual eighteen years of age or older for the purpose of harboring such animal as a companion animal. § 12. No animal impounded pursuant to this act or in the care, custody or control of an animal shelter or other facility for lost, strayed and homeless animals shall be sold, transferred or otherwise made available to any person for the purpose of research, experimentation, testing, teaching or demonstration. Any person who violates the provisions of this section shall be subject to a civil penalty of five hundred dollars for each violation. § 13. None of the provisions of this act shall apply to dogs owned by non-residents passing through the city, nor to dogs brought to the city and entered for exhibition at any dog show. § 14. The thirtieth subdivision of section eighty-six of chapter four hundred and ten of the laws of eighteen hundred and eighty-two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," and all other acts and parts of acts inconsistent with the provisions of this act, are hereby repealed.

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