2006 New York Code - Sterilization Required.



 
    §  17-804  Sterilization required. a. No full-service shelter or other
  shelter for homeless animals required to have a permit  issued  pursuant
  to  subdivision  (b)  of section 161.09 of the New York city health code
  shall release a dog or cat to a person claiming ownership thereof, or to
  a person adopting such dog or cat, unless  such  dog  or  cat  has  been
  sterilized  by  a  licensed  veterinarian;  provided, however, that such
  requirement shall not apply:
    (1) if a licensed veterinarian certifies to such shelter  that  he  or
  she  has  examined  such  dog or cat and found that because of a medical
  reason,  the  life  of  such  dog  or  cat  would   be   endangered   by
  sterilization;  provided,  however,  that  such reason shall not consist
  solely of the youth of such dog or cat, if such dog or cat is  at  least
  eight weeks of age;
    (2) in the case of a dog, if such dog, within the time period provided
  for  by  law,  rule  or  regulation,  is  claimed  by  a person claiming
  ownership thereof, and such person demonstrates to the  satisfaction  of
  the shelter that such dog has a breed ring show record from the American
  Kennel   Club   or   United  Kennel  Club  or  other  similar,  registry
  association, dated no more than twelve months prior to the date such dog
  entered such shelter, or such  person  claiming  ownership  is  able  to
  provide  proof that such dog has successfully completed the requirements
  of the American Kennel Club or United  Kennel  Club  or  other  similar,
  registry  association,  for the title Champion or its equivalent, at any
  time prior to the arrival of the dog at the shelter;
    (3) in the case of a dog, if such dog, within the time period provided
  for by law,  rule  or  regulation,  is  claimed  by  a  person  claiming
  ownership  thereof,  and such person demonstrates to the satisfaction of
  the shelter that such dog is a guide dog, hearing dog,  service  dog  or
  police work dog; or
    (4)  in the case of a cat, if such cat within the time period provided
  for by law,  rule  or  regulation,  is  claimed  by  a  person  claiming
  ownership  thereof,  and such person demonstrates to the satisfaction of
  such shelter that such cat has a breed show record from the Cat  Fancier
  Association  or  other  similar, registry association dated no more than
  twelve months prior to the date such cat entered such  shelter  or  such
  person  claiming  ownership  is  able to provide proof that such cat has
  successfully completed the requirements of the Cat  Fancier  Association
  or  other  similar,  registry  association for the title Champion, Grand
  Champion or its equivalent, at any time prior to the arrival of the  cat
  at the shelter.
    b.  No  pet shop shall release to a consumer a dog or cat that has not
  been sterilized by a licensed veterinarian; provided, however, that such
  requirement shall not apply to a consumer who presents to the pet shop a
  letter from such consumer's  licensed  veterinarian,  dated  within  the
  immediately  preceding  ten  days,  stating  the  reason(s)  why, in the
  opinion of such veterinarian, such dog or cat should not  be  sterilized
  until  a  later  specified date, not to exceed four months following the
  date of such letter. Such letter shall state that such veterinarian will
  cause such dog or cat to be sterilized at the request of  such  consumer
  on  or  before  such  later specified date. Such veterinarian shall also
  provide to the pet shop a  certificate,  in  such  form  and  manner  as
  determined  by  rules promulgated by the department, stating the date on
  which such sterilization was performed. Any consumer who provides a  pet
  shop with a letter with respect to a later sterilization of a dog or cat
  must  ensure that such animal is sterilized by the date indicated in the
  letter.
    c. Every pet  shop,  in  accordance  with  rules  promulgated  by  the
  department,  shall  maintain records of dog and cat sales, sterilization

procedures performed at the request of the pet shop, and veterinarian letters and certificates received, and shall retain such records, letters and certificates for a period of two years. Such records, letters and certificates shall be made available to the department according to rules promulgated by the department.

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