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HomeMy WebLinkAbout2010 Change on LawLAWS OF NEW YORK, 2010 Excerpted fro~ CHAPTER 59 Pages 11-34 PART T AN ACT to amend the Agriculture and Markets Law, the General Municipal Law, the Administrative Code of the City of New York and Chapter 115 of the Laws of 1894 relating to the better protection of lost and strayed animals and for securing the rights of owners thereof, in relation to animal population control; to amend the State Finance Law, in relation to the ~nimal Population Control Fund; and to repeal certain provisions of the Agriculture and Markets Law relating to animal population control 8 Section 1. Section 107 of the agriculture and markets law, as added by 9 chapter 220 of the laws of 1978, subdivision 1 as amended by chapter 473 10 of the laws of 1995, subdivision 3 as amended by chapter 619 of the laws 11 of 1987 and subdivision 5 as added by chapter 530 of the laws of 1997, 12 is amended to read as follows: 13 § 107. Application. 1. This article shall apply to all areas of the 14 state except any city having a population of over two million 17 2. In the event that any dog owned by a resident of any city having a 18 population of over two million or by a non-resident of this state is 19 harbored within this state outside of any such city, ~e li~_nsin~ 20 =i~alit~ in which such =.~1 is ~=-~red ma~ ea~.t such dog [-~-Ii --~: 21 ~4~_ ] from the identification and licensing provisions of this article 22 for a period of thirty days provided such dog is licensed pursuant to 23 the provisions of law of the area of residence. 24 3. This article shall not apply to any dog confined to the premises of 25 any public or private hospital devoted solely to the treatment of sick 26 animals, or confined for the purposes of research to the premises of any 27 college or other educational or research institution. 28 4. This article shall not apply to any dog confined to the premises of 29 any person, firm or corporation engaged in the business of breeding or 30 raising dogs for profit and licensed as a class A dealer under the 31 Federal Laboratory Animal Welfare Act [, -----~ -- ~-~ ----~ ~ , 35 5. Nothing contained in this article shall prevent a municipality from 36 adopting its own program for the control of dangerous dogs; provided, 37 however, that no such program shall be less stringent than this article, 38 and no such program shall regulate such dogs in a manner that is specif- 39 ic as to breed. Notwithstanding the provisions of subdivision one of 40 this section, this subdivision and [===~== ~--= h---~-=~-- 41 sections o~e ~ twent~-t~ree, ~e ~ tl~e~t~-t~xee-a ~-d 42 ~ tl~e~t~-e~-b of this article shall apply to all municipalities 43 including cities of two million or more. 44 6. Not~/n~ co~=~ned in ~h%s article s~=]l ~ construed t~ prohibit a 45 count~ fr~ a~nisterin~ a ~ lic~--~n~ pre,ram for the 46 wi~h%- i~ 47 § 2. Subdivision 14 of section 108 of the agriculture and markets law 48 is REPEALED. S. 6609--B 12 A. 9709--C 1 ~ 3. Subdivisions 3, 11, 12 and 16 of section 108 of the agriculture 2 and markets law, as added by chapter 220 of the laws of 1978, are 3 amended to read as follows: 4 3. "Clerk" means the clerk of any ~o~t~, town, city or village where 5 licenses are validated or issued pursuant to this article. 6 11. "Identification tag" means a tag issued ~ the licensin~ ' '- 7 palit~ which sets forth an [:ffici~] identification n~er 9 ~i~, ~e s~ of ~ Iozk, ~n~ct i--Fore,on, ~udl.~ ~1~ 12 12. "Identified dog" means any dog carrying an identification tag as 13 provided in section one hunted [~] el~ of this article. 14 16. "~ner of record" me~s the person in whose n~e ~y dog was last 15 licensed pursuant to [ci~--r ~ a--~-~ ....... 16 :cc ~ .......... ~-- ~--~ --~-- :f] this article, except that if any license is 17 issued on application of a ~rson under eighteen years of age, the owner 18 of record shall ~ de~ed to be the parent or ~ardi~ of such ~rson. 19 If it cannot be dete~ned in whose n~e any dog was last licensed or if 20 the o~er of record has filed a stat~ent pursuant to the provisions of 21 section one h~ed [~ar~] ~1~ of this article, the o~er shall 22 ~ de~ed to be the owner of record of such dog, except that if the 23 o~er is under eighteen years of age, the o~er of record shall be 24 de~ed to be the parent or ~ardi~ of such person. 25 ~ 4. Section 109 of the agriculture and markets law, as added by chap- 26 ter 220 of the laws of 1978, s~division 1 as ~ended by chapter 645 of 27 the laws of 1988, paragraph (a) of s~ivision 1 as ~ended by chapter 28 86 of the laws of 2006, paragraph (b) of s~division 1 as ~ended by 29 chapter 562 of the laws of 1995, paragraphs (f) ~d (h) of s~vision 1 30 ~d paragraphs (f) and (h) of s~ivision 2 as ~ended by chapter 39 of 31 the laws of 2002, paragraph (c) of s~division 2 as ~ended by chapter 32 180 of the laws of 2002, and s~vision 3 as ~ended by chapter 269 of 33 the laws of 2005, is ~ended to read as follows: 34 ~ 109. Licensing of dogs ~; r~ies vaccination 35 ~. 1. [ ~ . ] (a) The o~er of any dog reaching the 36 age of four months shall i~ediately make application for a dog license. 37 No license shall ~ re~ired for any dog which is ~der the age of four 38 months and which is not at large, oz eh=t is ~si~ ~ a 39 shel~z ~--e=~u~ ~ oz ~' con~act oz a~-t ~ ~ S~ oz 40 ~ ~ty, city, ~ oz villas, ~ ~za~ socie~ foz 42 ~X ~za~ ~ ~~ ~socia~. Except as othe~ise 43 provided in this s~division, a license shall be issued or renewed for a 44 ~riod of at l~st one year, provided[, ~'-t__-~ ~- 47 license shall be issued for a ~riod expiring after the last day of the 48 eleventh month following the e~iration date of the current r~ies 49 certificate for the dog ~ing licensed. ~1 licenses shall e~ire on the 50 last day of the last month of the period for which they are issued. In 51 the event ~ applicant for a license presents, in lieu of a r~ies 52 certificate, a stat~ent certified by a licensed veterinari~, as 53 provided in s~ivision [~] ~ of this section, a license shall be 54 issued or renewed for a period of one year from the date of said state- 55 ment. Any municipality[, ~:~ri:c-- ~ !::%:~ --i .... c: ~-~t t~ ~---i: S. 6609--B 13 A. 9709--C 2 ~--~-- --~ ~- ---:::i::c:,] establish a common renewal date for all such 3 licenses. A license issued by a municipality that has established a 4 co.anon renewal date shall expire no later than the common renewal date 5 prior to the expiration date of the rabies certificate for the dog being 6 licensed. 7 (b) Application for a dog license shall be made to the clerk of the 8 town [e~]_, city, oz ~ou~t~ or, in the counties of Nassau and Westches- 9 ter, inco~orated village in which the dog is harbored or to the village 10 clerk of those villages in the county of Rockland with a population of 11 fifteen thousand or more which have elected to accept applications 12 pursuant to the provisions of this paragraph or to the village clerk of 13 the village of Newark in the county of WaNe upon the election of the 14 village of Newark pursuant to the provisions of this paragraph. 15 Provided, however, that in the counties of Nassau and Westchester, the 16 board of trustees of any incorporated village may by resolution provide 17 that applications for licenses shall no longer be made to the village 18 clerk, but to the clerk of the town in which the village is situated. 19 [If ...... ~ ..... ~--- i:---~--~---.--c~- .... a --~z ~- ~-----~ ......... t--_-~ :-- --~-~ 23 ~--- -i--c--~ TM ~ ~--~ ~-~ c~::i~---. ] Provided further, however, that in 24 the co~ty of Rockland, the board of t~stees of any incorporated 25 village with a population of fifteen thousand or more may by resolution 26 provide that application for licenses shall be made to the village 27 clerk. Provided further, however, that in the co~ty of Wa~e, the board 28 of trustees of the village of Newark may by resolution provide that 29 application for licenses shall be made to the village clerk. Ill :"-2 30 ..... ~ ~- ~-- ~- 33 ~-- ---~::ic-_~r. ] The governing body of any to~ or city or, in the 34 counties of Nassau and Westchester, inco~orated village or in the coun- 35 ty of Rockl~d, those villages with a population of fifteen thousand or 36 more which have so elected to accept applications or in the county of 37 Wa~e, the village of Newark if such village has so elected to accept 38 applications may, on resolution of such body, authorize that such appli- 39 cation be made to one or more n~ed dog control officers of any such 40 to~, city or village. The issu~ce of any license by ~y such officer 41 shall ~ ~der the control ~d su~rvision of the clerk. In the case of 42 a seized dog being rede~ed or a dog being othe~ise obtained from a 43 county an~al shelter or po~d, such application may be made to the 44 county dog control officer in charge of such facility [~ 45 - ~ ........ :--- - :--~------ ~- 46 ~---]. In the case of a dog ~ing redeemed or a dog ~ing adopted from 47 a shelter or po~d est~lished, maintained or contracted for, pursuant 48 to section one hunted [fif~] f~ of this article, such applica- 49 tion may be made to the manager of such facility, provided such manager 50 has been authorized by the [:~::i-----] ml-~Ci~li~ ~ v~ ~e 51 ~c~ ~ ~si~s to accept such application. Such authorization 52 shall ~ re~ested by the governing body of the pound or shelter ~d the 53 granting or denial of such authorization shall be in the d/scretion of 54 the [=-----i==i-----] ~--i~i~alit~i~which ~epr~s~ective owner resides. 55 (c) The application shall state the sex, actual or approximate age, 56 breed, color, and [cffi:i~1] ~,-i tidal identification n~nber of the dog, S. 6609--B 14 A. 9709--C 1 and other identification marks, if any, and the name, address, telephone 2 n~nber, county and town, city or village of residence of the owner. 4 ti~ as ~ a~ro~riate 5 (d) The application shall be accompanied by the license fee prescribed 6 by section one hundred ten of this article and a certificate of rabies 7 vaccination or statement in lieu thereof, as required by subdivision 8 [~--Tc] two of this section. In the case of a spayed or neutered dog, 9 every application shall also be accompanied by a certificate sicjned by a 10 licensed veterinarian or an affidavit signed by the owner, showing that 11 the dog has been spayed or neutered, provided such certificate or affi- 12 davit shall not be required if the same is already on file with the 13 clerk or authorized dog control officer. In lieu of the spay or neuter 14 certificate an owner may present a statement certified by a licensed 15 veterinarian stating that he has examined the dog and found that because 16 of old age or other reason, the life of the dog would be endangered by 17 spaying or neutering. In such case, the license fee for the dog shall be 18 the same as for a spayed or neutered dog as set forth in [~1~3~ 19 ~] subdivision one of section one hundred ten of this article. 20 (e) Upon validation by the clerk, authorized dog control officer or 21 authorized pound or shelter manager, the application shall become a 22 license for the dog described therein. [~--- =~ 24 (f) The clerk, authorized dog control officer or authorized pound or 25 shelter manager shall: (i) provide a copy of the license to the owner; 27 i=-- ...... , --- =--~-] retain a record of the license 28 29 30 31 ava/lable upon ~uest ~ ~e c~i~si~er for ~v~oses of __~-~ iii ~- : ~=:__ c_ __ .......... = ...... _~ ~-__ 32 actio~ In add/tion, the authorized pound or shelter manager shall 33 send, within forty-eight hours of validation, a copy of the license to 34 the licensing municipality within which the dog is to be harbored. 35 (g) No license shall be transferable. Upon the transfer of ownership 36 of any dog, the new owner shall i~ediately make application for a 37 license for such dog. 38 (h) Notwithstanding the provisions of any general, special or local 39 law, or any rule or regulation to the contrary, the clerk, authorized 40 dog control officer or authorized pound or shelter manager in munici- 41 palities having a population of less than one hundred thousand shall 46 =h=~l,] within five business days after the license has been validated, 47 send a copy of the validated license to the licensing municipality in 48 which the dog is to be harbored. 49 2. ~ .... = ................................ 1 ~ne clerk, authorized do~ c~trol officer or authorized ~onnd or ~- 5 ~ ~t r~ies or, ~ lieu ~e~of, a s~t ~fi~ ~ a the life of the do~ or ~ would ~e ~w~-~ered ~ the ~4-4~tratice of vaccine. The clerk; authorized do~ control officer or authorized ~und or shelter ~-~er sh~l l ma~e or cause to ~e made fr~m such statement a record of such info~=tion ~nd shall file snch record with a ~ of the 11 license Snch records shall ~e made ava/lable to the ~4~sioner ~ request for rabies and other =,,iu=l disease control efforts. 12 13 ~. m,-i-_i~alities ~a~ ~a'ovid~ for the establishment ~-d isF,~-~ of ass~g~ of a s~=~ of at ~t e~ ~ fo~ ~ ~s~ o~ ]8 ~ 5. Section 1]0 of the agriculture ~d markets law is ~P~ED and a 19 new section 110 is added to read as follows: 20 ~ 110. Li~se f~s. 1. ~ li~--~e f~ for ~ li~--~es 23 ~h=t ~e ~=1 f~ for ~ --~ or ---~ ~ ~1 ~ at l~st 24 fi~ ~ll~s ~ ~h=. ~e ~ f~ for a ~ or ~ ~ M~i~ fr~ ~ f~s ~11 ~ ~ sole ~r~r~ of ~e 26 ~i~ set.rig ~ s~ ~ sh~l ~ ~ ~ for ~o~1~ 27 ~fo~ing ~h~i ~e ~ ~ ~e. ~a~on. or ~o~ law or o~- 28 n~n~ a~ ~s-~-t ~e~, incl~ng s~si~zing ~ ~y~ or 29 ~rin~ of ~s ~d ~ facili~ as au~riz~ ~r set.on 30 ~ s~ of eh~ ~e ~ ~for, ~ ~si~zing ~lic 32 2. ~mlci~li~es ~y ~t fr~ ~eir li~sing f~s ~Y ~ 33 he~ ~, se~i~ ~, w~ ~, ~r~ng s~ ~, ~c~on 34 ~li~ ~rk ~ or ~ ~. ~ ~ of ~Y li~=e for 36 "Wor~ ~ ~", "W~ D~", "~c~on ~", "~li~ ~r~ ~", or 37 "~ ~", as ~Y ~ ~ia~, ~ ~e ~k or an~oriz~ 38 ~1 offi~r. 41 cle ~ ~ ~ ~i~ for ~e asses~t of ~ m~i ~o. am 42 ~-~=~ of at l~st o~ ~11~ for ~ ~s ~d at l~st 43 ~ll~s for ..=1~ ~s for ~ ~ses of ~ ~t a. imm 44 la.on ~ol effor~ ~ ~i~ ~ s~on o~ h~ s~-a of 45 *~s 46 4. In a~i~on ~ ~e f~ ~ha~ ~S11ant ~ s~vision o~ of 48 is he~ an~ziz~ ~ ~z~ for ~e ~ses~nt of a~ 49 ~--~=~s for ~e ~se of: 51 subdivision si= of section one hund~ ~i cteen of ~i s a~tiate should a f~ shall ~ th~ ~-~t] of ehe lic~nsin~ ~,.i ci~alit~ and shall 1~ 54 used 'to ~? ~ expenses ~ncu~ed b~ ~e ---icipa~itx in conduc~n~ the 55 en,~Ea~on, in the event the =~i~o-~ fees ~o~e~ted exceed the 56 eXl~enses incurred b~ the muniei~alit~ in conduct/n~ an e~nm~atisu in S. 6609--B 17 A. 9709--C 1 any yeax, such excess fees may ~e nsed by the munleipalit¥ for ~--~orcing 2 ~,s ~cle ~ for ~ or ~ ' ' ~d 3 (b) offsettl n~ cos~ ass~a~ wi~ ~ ~ision ~d ~nt of 4 i~fi~on ~s ~s-a-t ~ s~on o~ h~ el~ of ~i s ~- 5 cle. 6 ~ 6. Section 111 of the agriculture and markets law is ~P~D and 7 section 112 of such law, as added by chapter 220 of the laws of 1978, 8 s~visions i ~d 5 as ~ended by chapter 645 of the laws of 1988, 9 s~vision 7 as ~ended by chapter 494 of the laws of 2002 and s~divi- 10 sion 8 as added by chapter 169 of the laws of 1994, is rendered 11 section 111 ~d ~ended to read as follows: 12 ~ 111. Identification of dogs. 1. Each dog licensed pursuit to s~i- 13 vision one of section one h~ed nine of this article shall be 14 assi~ed, at the time the dog is first licensed, a [ __--~ ....... 15 ~--i~ identification n~er. Such identification n~er shall be 16 carried by the dog on an identification tag which shall be affixed to a 17 collar on the dog at all t~es, provided that a [~] ~ni~i~ity 18 ~t ~ participating in a dog show [=~I ~ ~t 19 ~=~--_= ~] during such participation. 28 ~] No tag carrying an [cffi=!~] identification n~er shall be 29 affixed to the collar of any dog other than the one to which that n~er 30 has been assi~ed. 31 [5. ~ ~l~m =fi ~. A ~ci~ity offer~ a purebred license may 32 [~==~] ~r~ a li~n~, at his or her e~ense, any n~r of tags 33 ~rinted with the s~e n~r as the purebred license. One such tag 34 shall ~ affixed to the collar of each dog harbored pursuant to the 35 purebred license at all t~es, provided that Ia ~] ~-i~i~es 36 ~t ~s participating in a dog show [-'-Ii ~= ~t 37 ~=---_~ ~] during such participation. Such a tag shall ~ affixed only 38 to the collar of a dog o~ed by the holder of the purebred license and 39 harbored on his presses. 44 ".. ~---- ~='----i=-~ f==] 4 . A ~--i~i~ offering a license for 45 ~ide dog, semite dog, hearing dog or detection dog may [~=c=~] 46 a s~cial tag for identifying such dog[/ ' ], ~r~ 47 ~ tag shall ~ in addition to the identification tag re~ired by 48 s~vision one of this section. The [=~==i----- ~Ii] 49 ~ prescri~ the sha~, size, color, ~d fo~ of ~rint of the tag 50 which shall be a different color and shape than the [=ffi=!=~] stm~l 51 identification tag. Upon application, the commissioner shall furnish 52 such tags without payment of a fee. 1 § 7. Section 113 of the agriculture and markets law, as amended by chapter 57 of the laws of 1981, is renumbered section 112 and amended to 3 read as follows: 4 § 112. Change of ownership; lost or stolen dog. 1. In the event of a 5 change in the ownership of any dog which has been [--~----i~--~ ~ c__i---i=-- 8 shall, within ten days of such change, file with the 9 m--~i~ali~ i~ ~ ~ ~ is lic~--~ a written report of such 10 change. Such o~er of record shall be li~le for ~y violation of this 11 article until such filing is made or until the dog is licensed in the 13 2. If any dog which has been [===i~ ~ =--ici~ i 14~:~ ] li~--m~ ~s,,=--t ~ ~s ~cle is lost or stolen, the o~er 16 file with the [=--;==i~--:] ~,-~ci~li~ im ~ ~e ~ is li~--m~ a 19 violation of this article co~itted after such report is filed. 21 the [---~==i~c:] ~--id~i~ ~ ~M~ ~ ~ is limsM either 29 is limsM 31 ter 220 of the laws of 1978, s~divisions 2 and 4 as ~ended by chapter 32 714 of the laws of 1980, s~division 4 as separately ~ended ~d s~i- 33 vision 5 as ~ended by chapter 843 of the laws of 1980 and s~vision 7 36 ~ 113. Dog control officers. 1. Each to~ and city, ~d each village 37 in which licenses are issued, shall appoint, and ~y other village and 39 of assisting, within the appointing municipality, with the control of 40 dogs ~d the enforcement of this article [---~-~-----~ .... ~ ---~--~-----~-- - ~--- 43 cer or officers, any to~ or city, or any village in which licenses are 45 control officer se~ices with any other m~icipality or with ~y incor- 46 porated h~ane society or s~lar incorporated dog protective associ- 47 ation, or shall appoint, jointly with one or more other municipalities, 48 one or more dog control officers having jurisdiction in each of the 49 coo~rating municipalities. 53 ~.] Every dog control officer shall have the power to issue an appear- 54 ance ticket pursuant to section 150.20 of the criminal procedure law, to 55 serve a summons and to serve and execute any other order or process in 56 the execution of the provisions of this article. In addition, any dog S. 6609--B 19 A. 9709--C 1 control officer or any peace officer, when acting pursuant to his 2 special duties, or police officer, who is authorized by a municipality 3 to assist in the enforcement of this article may serve any process, 4 including an appearance ticket, a uniform appearance ticket and a 5 uniform appearance ticket and simplified information, related to any 6 proceeding, whether criminal or civil in nature undertaken in accord 7 with the provisions of this article or any local law or ordinance 8 promulgated pursuant thereto. 9 [5] 4. Every dog control officer, peace officer, when acting pursuant 10 to his special duties or police officer shall promptly make and maintain 11 a complete record of any seizure and subsequent disposition of any dog. 12 Such record shall include, but not be limited to, a description of the 13 dog, the date and hour of seizure, the official identification number of 14 such dog, if any, the location where seized, the reason for seizure, and 15 the owner's name and address, if known. 16 [5] 5. Every dog control officer shall file and maintain[, i: 17 ___ ........... r ......... ~-~_'--~ ~-- -~----ic----------,] such records [~--~--~ 19 foz not less eh=. t~xee ~ea~s follo~in~ ~ e~eatio~ of s%l~ ze~ozl~, and 20 shall make such reports awail$1e to the commissioner 22 [7] ~. The governing body of any municipality in which licenses are 23 issued, may, either individually or in cooperation with other municipal 24 entities, require its dog control officer or animal control officer or 25 any other authorized agent to ascertain and list the names of all 26 persons in the municipality owning or harboring dogs, or in lieu there- 27 of, such municipality may contract to have the same done. 28 ~ 9. Sections 115 and 116 of the agriculture and markets law are 29 rendered sections 114 and 115. 30 ~ 10. Section 117 of the agriculture and markets law is rendered 31 section 116. 32 § 11. Section llT-a of the agriculture and markets law, as added by 33 chapter 473 of the laws of 1995, subdivisions 1, 2-a, 4 and 7 as amended 34 by chapter 205 of the laws of 2000, subdivision 2, the opening paragraph 35 of subdivision 2-a and paragraph (c) of subdivision 3 as amended by 36 chapter 534 of the laws of 2005, is amended to read as follows: 37 § llT-a. Animal population control program. 1. [-m~--C~--:~---~- ..... ~- 46 ---- ~ ............ ~ 49 e~ s~all s,,wm-~t a ~est for ~z~sals fz~ eot-foz-~ofit e~tities 50 described herein for the purpose of a~-inisterin~ a state 51 la.on control pro~n. The ~nttt~ ~os~ to aa-i.lst~r such pro~a~ 52 shall ent~_r into a co~traet with the state for a ~ of five ~ears, 53 which ma~ ~ r~newed sl~ect to ~e a~roval of the c~issio~--r. The 54 [~r~ose of ~hls pro~ra~ shall ~e to reduce the ~ulatio~ of unwanted 55 ~-d stra~ do~s ~-d cats there~ reducin~ incidence of euthanasia and 56 potential eh~_ats to ~lic health and safety posed by the lax~e popu- S. 6609--B 20 A. 9709--C 1 lation of these a,i~l~ This pro~ra~ shall seek to acc~a~lish its 2 ~se ~ ~~ ~siW~ of B~ York s~ w~ ~ ~e ~ers of ~ra~ ~ S~Si~ ~h~ of ~his sec~on. ~r ~ses of 6 sector "l~cost" s~=l t M~ S~S~l~ less ~=-- ~e a~ cost 7 in a ~~ ~i~ of ~ s~ for ~ or ~u~r~ 8 incln~ng ~y ~d gl i11~ -~=-~s for se~i~st ~cl,,~i-~ tt not 9 li~i~ ~, ~i~l ~v=~i~ons, ~s~ ~ i.--.~iza~o~, ~ o~er 13 2. Elig~le not-for~rofit ~es Shml 1 ~nsist of ~ in~ra~ 14 s~ie~es for ~ ~~ of c~l~ ~ a.i~, ~ ~ra~ 16 ~ ~ra~ ~n~rofit ~ra~ ~=t ~ ~i~ 18 ~ ~ra~in~ as ani~ ~s~ o~niza~ons, =.imal a~on o~anlza- 19 ~, ~y/na~ ~i~cs, o~ o~e~ ~es ~ose ~n ~ssion ~- 21 la.on ~ N~ lo=t s~. In a~i.~ ~e =~act; ~e c~issioneE 22 nst ~nsi~E ~e foll~in~ =i~Eia ~ n~ct ~ aa ~li~t: 26 iza~ ~ ~ ....... -i~ ~s, ~ ~e ~s~ cost of 27 ~d pr~ ~e p~n. In ~sing su~ ~t~, ~ c--issioner 28 M~ es~lish o~ ~i~ria for M~i--~ ~s or her selec~on in co~- 30 ~lf~ o~niza~ons, ~ ~--i~i~es. ~ selec~on of ~ ' ' - 32 ~ c~le~ no lair ~han ~ ~iT~-first, ~ $~d ~. 34 plan~ s~i t~ for ~r~ ~d f~n~ of l~-~st ~-neu~r 35 ~=--~ ~d aw~ ~ for ~e a--iMl ~a~ con~l ~ for 36 i~l~-~on of su~ ~lan~. In ~ ~e plus; ~e ~t~ Shall 37 CO~]~ ~e foll~ ' ' : 38 n~r se~i~s ~ ~u~i ng ~ ~ci~ f~ S~1 e for 39 se~i~s, ~ size ~ ~ of ~e ~a~on se~, ~ ~1~ for 40 ~a~ ~ p~on of s~ se~s; ~ri~ ~ pmi~i--g 1~- ' cost effec~ss of ~ ~r~l ~1~. 41 cost ~-neu~r s~l~s ~ - ' 42 43 44 46 47 48 awax~i,~ ~rants, ~e entit~ shall use ~est efforts ~ ~i~ s~i~ a~s~a~ ~ ~11 aw~ a ~t for ~ c~a~ ~d ' . - ~on of su~ pl~. (ii) ~n a~ing a pl~ s11~it~ for ~ ~ f~ng of ~1 for the o~Join~ =~ml Fi st~ation of low-cost s~a~-neutez services. 50 PaFua-ts a~ainst such ~zants sh~ll be advanced ~,,~*tezl~. Au~ 51 ~unds at ~e ~ of the ~rant period shmll be r~mltted to the 52 [~ulatio~ control 53 (iii) An~ ~rants made ~ursnm--t to ~i s sect/on ma~ be discontinued if 54 it is found b~ the ~mi-lstrat/ve e~t/t~ that fun~ previousl~ disbursed 55 were not used for their intended ~r~ose or ~h=t services ~erfo~m~d were S. 6609--B 21 A. 9709--C 1 not provided accor~in~ to ~e terms ~nd coedit/o~s as the a~ulnist~at/ve 4 ~e ~r~ fr~ ~e ~-~ ~a~on ~o~ ~ ~ ~ for 6 ~t is he~ au~oriz~ ~ solicit ~ f~ o~er ~lic a priva~ l0 ass--~l~, ~e -i-ori~ le~r of ~ s~-=~, ~ ~norit~ le~r of 16 ~, ~e ~~ ~ for ~n~ ~ f~d ~ ~s~i~on of 17 ~ke~ efforts, ~ --- ' ' . ' 18 fi--=-ci~ ~ilit~ of ~e ~. 19 (e} ~e a~i--is~a~ ~t~ shall ~fo~ su~ o~ ~sks as 20 n~o--~hle ~ ne~ss~ for ~e a~s~a~on of ~ 22 ~t ~ i~ ~n~act, or if it is ~n~ ~ ~e c--issioner ~h~t it 23 ~s not ~fo~i~ ~ ~li~a~o~ a a sa~sfac~ u=....; ~e ' - 24 sider ~ m~l n~ ~n~act ~ issue ~o~ez ~st for 26 3. In order to ~ eligible to participate in the an~al population 27 control progr~, and therefore, be entitled to the low-cost spay/neuter 28 services provided for herein, an o~er of a dog or cat shall ~ a resi- 29 dent of New York state and shall s~t proof to [: .... ........ ~----a ..... ~___~-- 30 -~--- ~-- ~ ~'--~-- ~%~] ~e ~t~ ~ifll.~ ~ S~l~s' as follows: 31 (a) in the fo~ of ~ adoption agreement that their dog or cat was 32 adopted from a po~d, shelter Min~ ~ or ~ con,act or a~- 33 Mnt wi~ ~ S~ or ~ c~, ci~, ~, or Villas, duly incorpo- 34 rated society for the prevention of cruelty to ~als, ~y~co~' - 35 ra~ h~ane society or ~ ~co~ra~ dog or cat protective 36 association; or 37 (b) proof of participation in at least one of the following: 38 (i) the food st~p progr~ authorized pursuit to 7 U.S.C. 2011, et 39 seq.; 40 (ii) the supplemental security income for the aged, blind and dis~led 41 progr~ authorized pursuit to 42 U.S.C. 1381 et seq.; 42 (iii) the low income housing assistance progr~ authorized pursuant to 43 42 U.S.C. 1437(f); 44 (iv) the F~ly Assist~ce progr~ authorized pursuant to title ten of 45 article five of the social services law; 46 (v) the Safety Net ~sistance progr~ authorized pursuant to title 47 three of article five of the social services law; 48 (vi) the progr~ of MeScal Assist~ce authorized pursuant to title 49 eleven of article five of the social services law; or (ii) [t~c ............................... 51 ~ ~ --- ~-- -~-- ~ ..... '~-" ----~--- ' ' 54 (c) in ~y city· town· village· or co~ty which has enacted a local 55 law or ordinance re~iring spay/neuter of all dogs and cats prior to 1 prevention of cruelty to animals, humane societies and duly incorporated dog or cat protective associations within such city, town, village or 3 county, eligibility for participation in the animal population control 4 program shall be determined based solely on the provisions of paragraph 5 (b) of this subdivision. 6 [~--~.] 4__. Notwithstanding the provisions of paragraph (a) of subdivi- 7 sion [~] eh~ of this section, no resident, otherwise qualified 8 pursuant to such paragraph, shall be entitled to participate in the low 9 cost spay/neuter program implemented by this section if the animal to be 10 spayed or neutered: ll (a) was imported or caused to be imported from outside the state; (b) was adopted from an otherwise qualifying pound, shelter, duly 13 incorporated society for the prevention of cruelty to animals, dol~ 14 in~ox~orat~ humane society or ~1~ i~oz~ora~ dog or cat protective 15 association which included the cost of a spaying or neutering procedure 16 in the cost of the adoption[~ S. 6609--B 23 A. 9709--C 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 8 9 lO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 48 ~'~ ....... ~ ~-- ~ .... ~' ............... 52 ~...- .,.j ] 53 5. An~ count-]' is hereb~ authozized to establish and 55 creo~in~ its own pro~a~ ~a~ s-~--4t a plan to Me s~-~nistrat/ve entit~ 56 for snch pro,ran for a~roval ~nd to receive S. 6609--B 25 A. 9709--C 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 ~ulatio~ control ~aroc~ran. Such plan shall 4-clude ~t not ~ ~ ~e ~i~ria ~s~ ~ ~h (a) of s~vision ~ of sec~. 6. ~ ~ ~ ~s ~ i~ ~ ~r~n, ~ ~s for ~ sole ~se of a~s~r~ s~ pr~. S~ c~ty =.iw~l ~o~ulation control pro~ra~, as ma~ ~e amended fro~ *iu~ to *iw~ 7. An~ wmni~i~alit~ wie~i-- a count~ *hat does not have its own pzo~zam a~roved b~ the o-muinlstrat/ve e~tit~ ~urs,,ant to subdivisio~ two of e~ s sectio~ must S.~u4 t Me f~nds collected ~urs,,=nt to subdivisio~ · ~ae of sectio~ o~e hundred ten of ~is article to the =.i~1 ~u.- 15 lation control fund ~urs,,=-t to secti~ nine~-seven-~x of the state 17 8. In Me absence of a count~ =.4m=l po~ulatien control pro~rmu, enti- 18 ties described ~elow wi~hln s%lch ~ ~a~r ~urs~--t to Subdivision two 19 of e~s section, a~l~ for ~unds fro~ Me =.~w~] ~a~on ~ol ~ 30 as a SO~(c) (3) o~-~za~on ~ ~ In~=~ ~e ~, w~ ~- 37 eff~ use of ~es ~s~ ~s-~-t ~ ~h~ sec~. 38 ~ 12. Section 1~8 of the agriculture ~d markets law is rendered 39 sectiom 117 and s~divisioms 1, 4, ~ amd 7, s~vision i as ~emded by 40 chapter fl43 of the laws of 19fl0, paragraphs (c) ~d (d) of s~visiom 1 41 as added by cha~ter 530 of the laws of 1997 amd the closimg paragraph of 42 s~visiom 1 as ~ended by chapter 392 of the ~aws of 2004, s~divi- 43 sioms 4 ~d 5 as added by chapter 220 of the laws of 1978, and s~divi- 44 siom 7 as ~emded by cha~ter 645 of the laws of 1988, are ~ended to read as follows: 46 1. Any dog control officer or peace officer, acting pursuant to his 47 special duties, or police officer in the employ of or under contract to 48 a municipality shall seize: 49 (a) any dog which is not identified and which is not on the owner's 50 premises; [---~] 51 (b) any dog which is not licensed, whether on or off the owner's prem- 52 ises[=]i 53 (c) any licensed dog which is not in the control of its owner or 54 custodian or not on the premises of the dog's owner or custodian, if 55 there is probable cause to believe the dog is [a] dangerous [~__~.]; ~ 56 (d) any dog which poses an immediate threat to the public safety. S. 6609--B 26 A. 9709--C 1 Promptly upon seizure the dog control officer shall commence a proceeding as provided for in subdivision two of section [:r-~ 3 ~a~e~--~me] oee h~ t~en~-t~ee of this article. 4 4. Each dog which is not identified, whether or not licensed, shall be 5 held for a period of five days from the day seized during which period 6 the dog may be redeemed by its owner, provided that such owner produces 7 proof that the dog has been licensed and has been identified pursuant to 8 the provisions of this article and further provided that the owner pays 9 the following impoundment fees: 10 (a) ~ot less e~=,, ten dollars for the first impoundment of any dog 11 owned by that person; 12 (b) not less e~m,, twenty dollars for the first twenty-four hours or 13 part thereof and three dollars for each additional twenty-four hours or 14 part thereof for the second impoundment, within one year of the first 15 impoundment, of any dog owned by that person; or 16 (c) ~ot less e~=. thirty dollars for the first twenty-four hours or 17 part thereof and three dollars for each additional twenty-four hours or 18 part thereof for the third and subsequent impoundments, within one year 19 of the first impoundment, of any dog owned by that person. 20 The impoundment fees set forth in paragraphs (a), (b) and (c) of this 21 subdivision notwithstanding, any municipality may set by local law or 22 ordinance such fees in any amount. 23 5. A/1 impoundment fees shall be the property of the municipality to 24 which they are paid and shall be used only for controlling dogs and 25 enforcing this article and any rule, regulation, or local law or ordi- 26 nance adopted pursuant thereto, including subsidizing the spaying or 27 neutering of dogs and any facility as authorized under section 28 ~] e~ h%~e~ Si~_~ of this article used therefor, 29 and subsidizing public humane education programs in responsible dog 30 ownership. 31 7. An owner shall forfeit title to any dog unredeemed at the expira- 32 tion of the appropriate redemption period, and the dog shall then be 33 made available for adoption or euthanized subject to the provisions of 34 subdivisions two-a, two-b, two-c, two-d, and two-e of section three 35 hundred seventy-four of this chapter. [_~_-~.~_~_~-~_ ~-~_ -_~- ~-~ !~- 38 ~ ~- ~' .... ~ ~- ~-~-~- -~ --- ~'-~ -- -~-' ~-- ] Any municipality 39 may by local law or ordinance establish additional conditions for 40 adoption including the requirement that adopted dogs shall be spayed or 41 neutered before or after release from custody upon such terms and condi- 42 tions as the municipality may establish. 43 ~ 13. Subdivision 7 of section 117 of the agriculture and markets law, 44 as amended by chapter 479 of the laws of 2009, such section as renum- 45 bered by section twelve of this act, is amended to read as follows: 46 7. An owner shall forfeit title to any dog unredeemed at the expira- 47 tion of the appropriate redemption period, and the dog shall then be 48 made available for adoption or euthanized subject to subdivisions six, 49 eight and nine of this section and subject to the provisions of section 50 three hund/ed seventy-four of this chapter. [-~;i ~===_- =_ =--=--r-= ............................... it 54 may by local law or ordinance establish additional conditions for 55 adoption including the requirement that adopted dogs shall be spayed or S. 6609--B 27 A. 9709--C 1 neutered before or after release from custody upon such terms and condi- 2 tions as the municipality may establish. 3 ~ 14. Section 119 of the agriculture and markets law, as added by 4 chapter 220 of the laws of 1978, paragraph (c) of subdivision 1 as 5 amended by chapter 404 of the laws of 1986, paragraph (g) of subdivision 6 1 as amended and paragraph (h) of subdivision 1 as added by chapter 263 7 of the laws of 2000, subdivision 2 as amended by chapter 221 of the laws 8 of 1978, subdivision 3 as added and subdivision 4 as rendered by chap- 9 ter 714 of the laws of 1980, subdivisions 5 and 6 as added by chapter 10 473 of the laws of 1995, paragraphs (a) and (b) of subdivision 5 as 11 amended by chapter 534 of the laws of 2005 and subdivision 7 as added by 12 chapter 494 of the laws of 2002, is rent~bered section 118 and amended 13 to read as follows: 14 § 118. Violations. 1. It shall be a violation, punishable as provided 15 in subdivision two of this section, for: 16 (a) any owner to fail to license any dog; 17 (b) any owner to fail to have any dog identified as required by this 18 article; 19 (c) any person to knowingly affix to any dog any false or improper 20 identification tag, special identification tag for identifying guide, 21 service or hearing dogs or purebred license tag; 22 [~f~] (d) any owner or custodian of any dog to fail to confine, 23 restrain or present such dog for any lawful purpose pursuant to this 24 article; 25 [~;~] (e) any person to furnish any false or misleading information on 26 any form required to be filed with any municipality [ ' ' 27 e~] pursuant to the provisions of this article or rules and regulations 28 promulgated pursuant thereto; 29 [~] (f) the owner or custodian of any dog to fail to exercise due 30 diligence in handling his or her dog if the handling results in harm to 31 another dog that is a guide, hearing or service dog[~]~ 32 (~} an~ owner of a ~o~ t~ fa/1 to not/f~ the m,.i ei~alit~ in which his 33 or her ~ is lic~--~ed of an~ -~=--~e of ownershi~ or =~ess as re./red 34 ~ secti~ ~e ~ tl~lve of ~ article. 35 2. It shall be the duty of the dog control officer of any municipality 36 to bring an action against any person who has committed within such 37 municipality any violation set forth in subdivision one of this section. 38 Any municipality may elect either to prosecute such action as a 39 violation under the penal law or to commence an action to recover a 40 civil penalty. 41 A violation of this section shall be punishable, subject to such an 42 election, either: 43 (a) where prosecuted pursuant to the penal law, by a fine of not 44 [=_--c] less than twenty-five dollars, except that (i) where the person 45 was found to have violated this section or former article seven of this 46 chapter within the prececting five years, the fine may be not [~.:~] less 47 than fifty dollars, and (ii] where the person was found to have COnmLit-- 48 ted two or more such violations within the preceding five years, it 49 shall be punishable by a fine of not [~.:~] less than one hundred 50 dollars or imprisonment for not more than fifteen days, or both; or 51 (b) where prosecuted as an action to recover a civil penalty, by a 52 civil penalty of not [--------~--] less than twenty-five dollars, except that 53 (i) when the person was found to have violated this section or 54 e~is article [:-----.----~--cf ~__i: -~-~----] within the preced/ng five years, 55 the civil penalty may be not [=-~rc] less than fifty dollars, and (ii) 56 where the person was found to have committed two or more such violations S. 6609--B 28 A. 9709--C 1 within the preceding five years, the civil penalty may be not [~---=~] less than one hundred dollars. 3 3. A defendant charged with a violation of any provision of this arti- 4 cle or any local law or ordinance promulgated pursuant thereto may 5 [~---c!f] plead guilty to the charge in open court. He ez ~h~ may also 6 submit to the magistrate having jurisdiction, in person, by duly author- 7 ized agent, or by registered mail, a statement (a) that he ez she waives 8 arraignment in open court and the aid of counsel, (b) that he ez she 9 pleads guilty to the offense charged, (c) that he ez she elects and 10 requests that the charge be disposed of and the fine or penalty fixed by ll the court, (d) of any explanation that he oz she desires to make concerning the offense charged, and (e) that he ez she makes all state- 13 ments under penalty of perjury. Thereupon the magistrate may proceed as 14 though the defendant had been convicted upon a plea of guilty in open 15 court, provided however, that any imposition of fine or penalty here- 16 under shall be deemed tentative until such fine or penalty shall have 17 been paid and discharged in full. If upon receipt of the aforesaid 18 statement the magistrate shall deny the same, he oz ~h~ shall thereupon 19 notify the defendant of this fact, and that he ex she is required to 20 appear before the said magistrate at a stated time and place to answer 21 the charge which shall thereafter be disposed of pursuant to the appli- 22 cable provisions of law. ~ ~ .. ..~_~ ~ ~ ___.~_~__ ~ ~_ __ ~_ _ 42 -~---- ~-~--- ~-- : .................... ~ ........ 43 -- ~--~-~ ...... ~ .......... 8 ~] ~y ~rson who intentionally refuses, withholds, or denies a 9 ~rson, because [~ ~] he or she is accompanied by an on-duty police 10 work dog, working search, war, or detection dog as defined in section 11 one h~ed eight of this article, any acco~odations, facilities, or 12 privileges thereof shall be s~ject to a civil ~nalty of up to two 13 hunted dollars for the first violation ~d up to four hundred dollars 14 for each s~se~ent violation. 15 5. ~y ~zson ~o foz ~e ~se of ~ci~ ~ 16 la,on ~ol p~a shall falsi~ pr~f of ~ in a ~d~ 17 shel~r, ~ ~co~ra~ s~iet~ for ~e ~~ of 19 ~t ~ro~c~ ass~a~on or w~ ~11 ~sh ~ l~c~-~ ' '- 20 ~ of ~s s~ wi~ i-=c~a~ info~=~on con~i-~ ~s or her ~si- 22 ~ a-i~l for a ~ or ~ ~ ~s,,=-t ~ s~on o~ 24 ~sh f~se inf~=~on con~%n~ =n%~=1 s~riliza~ f~s shall 25 ~1~ of a viola~on ~n%~hahle ~ a fine of not less eh=n 26 fif~ ~ll~s W~ ~S~ ~S11=nt ~ ~ ~n=l law, or w~ ~s- 27 ~ ~ ~ ac~ ~ ~c~ a ci~l ~n=l~ of not 28 ~ fift~ 29 ~ 15. Section 120 of the agriculture ~d markets law, as added by 30 chapter 220 of the laws of 1978, is rendered section 119 and ~ended 31 to read as follows: 32 ~ 119. Disposition of fines. Notwithstan~ng any other provision of 33 law, all moneys collected as fines or penalties by ~y m~icipality as a 34 result of any prosecution for violations of the provisions of this arti- 35 cle or ~y local law or ordinance and all bail forfeitures by ~rsons 36 charged with such violations shall be the pro~rty of the municipality 37 ~d shall ~ paid to the financial officer of such municipality. Such 38 moneys shall be used only for controlling dogs and enforcing this arti- 39 cle and any ~le, re~lation, or local law or or~n~ce adopted pursuant 40 thereto, inclu~ng s~sidizing the spaying or neutering of dogs ~d any 41 facility as authorized under section [---- ~--~d =~] 42 s~ of this article used therefor, and s~sidizing p~lic h~ane 43 education progr~ in responsible dog ownership. 44 § 16. Section 122 of the agriculture and markets law is renumbered 45 section 120. 46 ~ 17. Section 123 of the agriculture and markets law is rendered 47 section 121. 48 § 18. Section 121 of the agriculture and markets law is renumbered 49 section 123, and subdivisions 1 and 2, as amended by chapter 392 of the 50 laws of 2004, are amended to read as follows: 51 1. Any person who witnesses an attack or threatened attack, or in the 52 case of a minor, an adult acting on behalf of such minor, may make a 53 complaint of an attack or threatened attack upon a person, companion 54 animal as defined in seetio~ three hundred fift~ of ehis -h=~ter, farm 55 animal as defined in [="--~--i%~--=i------ ~----~---=--'-- cf] such section [cnc 56 ~----~--~_____ __~__-=-~ __--= ~=-___ ==ti=Ici t~ee h%~lc~r~ fift~, or a domestic animal S. 6609--B 30 A. 9709--C 1 as defined in subdivision seven of section one hundred eight of this 2 article to a dog control officer or police officer of the appropriate 3 municipality. Such officer shall immediately inform the complainant of 4 his er her right to commence a proceeding as provided in subdivision two 5 of this section and, if there is reason to believe the dog is a danger- 6 ous dog, the officer shall forthwith commence such proceeding himself er 7 herself. 8 2. Any person who witnesses an attack or threatened attack, or in the 9 case of a minor, an adult acting on behalf of such minor, may, and any 10 dog control officer or police officer as provided in subdivision one of 11 this section shall, make a complaint under oath or affirmation to any 12 municipal judge or justice of such attack or threatened attack. There- 13 upon, the judge or justice shall immediately determine if there is prob- 14 able cause to believe the dog is a dangerous dog and, if so, shall issue 15 an order to any dog control officer, peace officer, acting pursuant to 16 his er her special duties, or police officer d~recting such officer to 17 immediately seize such dog and hold the same pending judicial determi- 18 nation as provided in this section. Whether or not the judge or justice 19 finds there is probable cause for such seizure, he er ~h~ shall, within 20 five days and upon written notice of not less than two days to the owner 21 of the dog, hold a hearing on the complaint. The petitioner shall have 22 the burden at such hearing to prove the dog is a "dangerous dog" by 23 clear and convincing evidence. If satisfied that the dog is a dangerous 24 dog, the judge or justice shall then order neutering or spaying of the 25 dog, microchipping of the dog and one or more of the following as deemed 26 appropriate under the circumstances and as deemed necessary for the 27 protection of the public: 28 (a) evaluation of the dog by a certified applied behaviorist, a board 29 certified veterinary behaviorist, or another recognized expert in the 30 field and completion of training or other treatment as deemed appropri- 31 ate by such expert. The owner of the dog shall be responsible for all 32 costs associated with evaluations and training ordered under this 33 section; 34 (b) secure, humane confinement of the dog for a period of time and in 35 a manner deemed appropriate by the court but in all instances in a 36 manner designed to: (1) prevent escape of the dog, (2) protect the 37 public from unauthorized contact with the dog, and (3) to protect the 38 dog from the elements pursuant to section three hundred fifty-three-b of 39 this chapter. Such confinement shall not include lengthy periods of 40 tying or chaining; 41 (c) restraint of the dog on a leash by an adult of at least twenty-one 42 years of age whenever the dog is on public premises; 43 (d) muzzling the dog whenever it is on public premises in a manner 44 that will prevent it from biting any person or animal, but that shall 45 not injure the dog or interfere with its vision or respiration; or 46 (e) maintenance of a liability insurance policy in an amount deter- 47 mined by the court, but in no event in excess of one hundred thousand 48 dollars for personal injury or death resulting from an attack by such 49 dangerous dog. 50 § 19. Section 121-a of the agriculture and markets law is renumbered 51 section 123-a. 52 § 20. Section 121-b of the agriculture and markets law is renumbered 53 section 123-b. 54 § 21. Section 124 of the agriculture and markets law is rentunbered 55 section 122 and subdivision 1 of such section, as amended by chapter 714 56 of the laws of 1980, is amended to read as follows: S. 6609--B 31 A. 9709--C 1 1. Any municipality may enact a local law or ordinance upon the keep- 2 ing or running at large of dogs and the seizure thereof, provided no 3 municipality shall vary, modify, enlarge or restrict the provisions of 4 this article relating to [i~--t!fic-~t!~--, ling!:;,] rabies vaccination 5 and euthanization. 6 ~ 2l-a. Section 125 of the agriculture and markets law is REPEAI~D. 7 ~ 22. Section 126 of the agriculture and markets law, as added by 8 chapter 220 of the laws of 1978, is rendered section 124 and ~ended 9 to read as follows: 10 ~ 124. [~] ~zs of co~ssioner. [ . ' ' 24 '~' '-- ~-- ~ -- : :-- : .......................... 28 ~] The co~ssioner is hereby authorized to: 29 (a) promulgate, after p~lic hearing, such ~les and re~lations as 33 (b) exercise all other powers ~d functions as are necessary to carry 35 ome h~ f~ ~ o~ h~ s~ of this article. 36 ~ 23. S~division 5 of section 373 of the agriculture ~d markets law, 38 follows: 40 derived from section one hundred [ci~~-~] s~ of this chapter 41 relating to seizure of unlicensed dogs ~d the disposition to ~ made of 42 animals so seized or taken, nor those derived from any other general or 43 special law relating to the seizure or other taking of dogs and other 44 animals by a society for the prevention of cruelty to animals. 45 ~ 24. Subparagraph 2 of paragraph b of subdivision 6 of section 373 of 46 the agriculture and markets law, as amended by chapter 256 of the laws 47 of 1997, is amended to read as follows: 48 (2) If the court orders the posting of a security, the security shall 49 be posted with the clerk of the court within five business days of the 50 hearing provided for in subparagraph one of this paragraph. The court 51 may order the immediate forfeiture of the seized animal to the impound- 52 lng organization if the person ordered to post the security fails to do 53 so. Any animal forfeited shall be made available for adoption or euthan- 54 ized subject to subdivision seven-a of section one hundred [ci~tc=~] 55 seventee~ of this chapter or section three hundred seventy-four of this 56 article. S. 6609--B 32 A. 9709--C 1 ~ 25. Paragraph (d) of subdivision 2 of section 209-cc of the general municipal law, as amended by chapter 392 of the laws of 2004, is amended 3 to read as follows: 4 (d) the term "dangerous dog" means a dog found dangerous pursuant to 5 the provisions of section one hundred [~e~--e~e] t~_n~-eh-~e of the 6 agriculture and markets law. 7 § 26. Section 97-xx of the state finance law, as added by chapter 473 8 of the laws of 1995, is amended to read as follows: 9 ~ 97-xx. Animal population control fund. 1. There is hereby estab- 10 lished in the joint custody of the state comptroller and the com~ission- 11 er of taxation and finance a fund to be known as the "animal population 12 control fund". 13 2. Such fund shall consist of all moneys collected pursuant to [~a-- 14--=---~ =~-- : --f] subdivision [_=_--~T] t~x~e of section one hundred ten of the 15 agriculture and markets law, [:'-~:-.-i:i:m fi-.~ :f] and section one 16 hundred seventeen-a of the agriculture and markets law, [--~ 18 ~%~-~,] and all other moneys credited or transferred thereto from 24 ......-=------ =f-~-==ic---~-==='~-- --= =:=- '==] pnrs-=-t to s~x~vision four of 26 in the animal population control fund shall be retained in and become 28 4. The c~l~troller s'~=l 1. ~is~erse the full balance of f~--~ accrued 29 ~lr~-=nt to subdivision two of ~hls section to the o~i--lstering e~titx 30 selecte~ ~lrs~=nt to s~ivision one of section one hun~re~ 31 of the a~riculture and --=~kets law o~ a ~,=~1~ hsis for ~ ~ses 34 ~ 27. ~e a~inistrative code of the city of New York is ~ended by 35 adding a new section 17-811 to read as follows: 36 ~ 17-811 Ani~l ~a~ con~l ~. ~ ~nt ~ha~ 37 ~m~a~ ~es ~ ~a~ ~ es~:hli~ ~ ~]~--t ~ 39 eff~ ~ of ~s s~on ~e ~se of ~his ~r~ ~11 40 ~ ~e ~a~on of ~w~ s~a~ ~s ~ ~ ~e~ 41 43 44 45 46 47 48 49 50 51 53 54 55 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ~otential eh~_ats to ~lic health an~ safet~ and re~acin~ the costs of carin9 for these =--4m=ls. This pro,ram Sh=l l seek to accomplish its purpose ~ encoura~in~ resid,,-ts of the cit~ of New York who are the ounces of do~s and ~ats to have th~ s~a~cl or neute~cl h~ provJ, d'i.~ no or lou-cost spa~/n~ and neuterin~ sezv~ces to such oene~s. ~he depa~t- --~t sh~l promulgate n~les and ~at~ons ne~essa~ to establish an ~-~l L~mlation control ~ro~ra~ ~-cl,,~-.--, but not 3~ted, to creat- in~ c)~-~cs or mobile ,,n~ts where such services sh~ll ~e ~erformed and es~:hlishin~ criteria for ~et ownex eli~ibilit~ to use saab semees India of eli~ili~ for ~t ~ezs s~n~ no or lm~st ~ ~ ~r se~s ~11 ~cl~ ~t not ~ llmi~ ~ ~ cri~ria ~ ac~p~le ~ ~ a~es ~rfo~4-~ ~e se~i~s ~e c--issioner solicit ~d ac~t f~ f~ ~ ~n~] ~a~on ~1 ~ ~lic or pri~ s~ ~ ~1~ ~ ~t ~e pr~sions of ~ sec~. 6609--~ 33 A. 9709--C § 28. The administrative code of the city of New York is amended by adding a new section 17-812 to read as follows: S 17-812 A"{ut~l ~ulatio~ control f~nd. 1. ~e~ is ~ ese- la.on ~ol ~ u es~=hlis~ ~ s~on 17-811 of ~a~ tonal ~ es~li~ ~s,,=-t ~ set.on ~7-811 of laws of ei~h~ h~ --%--a~-f~, ~ ~1 o~ ~s c~ or ~--~f~ ~e~ f~ ~ o~er f~ or s~ ~s,,~--t ~ law. s~=~ · ~ ~ for ~e ~ses of ~ ~t ~--~ ~a~ of ~e ~ e~oll~ ~d ~ ~ ~ ~-.--~sio~. ~ ~mst ~a~ ~n~l ~ s~=1 · ~ ~ in ~d ~ § 29. Section 3-a of chapter 115 of the laws of 1894 relating to the better protection of lost and strayed animals and for securing the rights of owners thereof, as amended by chapter 180 of the laws of 2002, is amended to read as follows: ~ 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~ or snch ~reatez a~ount as detector--ed ~ the cit~ coun- cil or th~J~o~.'dofl~3.th in the co~e of such cit~, 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 [=~] ci~ comptroller for deposit in the animal population control fund created pursuant to section ~-- --f ................... : =- ~---~----=i~----='~ ---~ .... -----~-~- I~] 17-812 of the a~m~nistrative co~e of the cit~ of gew York. ~ 30. Any unspent moneys collected in prior fiscal years attributable 40 to dog licensing fees in cities having a population of two million or 41 more and collected and deposited in the New York state animal population 42 control fund pursuant to section 97-xx of the state finance law shall be transferred to and retained in the animal population control fund 44 created pursuant to section 17-812 of the administrative code of the 45 city of New York as added by section twenty-eight of this act. 46 g 31. Any funds in the state animal population control fund described 47 in section 97-xx of the state finance law as of the effective date of 48 this act that were derived from cities having a population of two 49 million or more shall be transferred to the animal population control S0 fund as described in section 17-812 of the administrative code of the S1 city of New York as added by section twenty-eight of this act, to the 52 extent practicable. 53 § 32. Section 9 of chapter 115 of the laws of 1894 relating to the 54 better protection of lost and strayed animals, and for securing the 55 rights of owners thereof, as amended by chapter 473 of the laws of 1995, 56 is amended to read as follows: S. 6609--B 34 A. 9709--C 1 § 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 3 enjoined by this act, or who shall use a license tag on a dog for which 4 it was not issued, shall be deemed guilty of a misdemeanor. Any person 5 who owns or harbors a dog without complying with the provisions of this 6 act shall be deemed guilty of d~sorderly conduct, and upon conviction 7 thereof before any magistrate shall be fined for such offense any sum 8 not exceeding ten dollars, and in default of payment of such fine may be 9 committed to prison by such magistrate until the same be paid, but such 10 imprisonment shall not exceed ten days. Any person who for the purpose 11 of participating in the "animal population control program" shall falsi- 12 fy proof of adoption from a pound, shelter, duly incorporated society 13 for the prevention of cruelty to animals, humane society or dog or cat 14 protective association or who shall furnish any licensed veterinarian of 15 this state with inaccurate information concerning his or her residency 16 or the ownership of an animal or such person's authority to submit an 17 animal for a spaying or neutering procedure eme=hlishe~ pursuant to 19 ist~ativ~ ~ of ~e ~i~ of le~ ~ozk and any veterinarian who shall 20 furnish [t~-~ -----------!::i--__c: ~_~--~] false information concerning an animal 21 sterilization fee schedule or an animal sterilization certificate 23 ~] shall be guilty of a violation punishable by a fine of 24 not more than two hundred fifty dollars where prosecuted pursuant to the 25 penal law, or where prosecuted as an action to recover a civil penalty 26 of not more than two hundred fifty dollars. 27 § 33. This act shall take effect January 1, 2011; provided, however 28 that if chapter 479 of the laws of 2009 is not in effect on such date 29 then section thirteen of this act shall take effect on the same date and 30 in the same manner as such chapter takes effect.