N.Y. AGM Law § 425 — New York Code / Act AGM / Article 26-C / Section 425
Animal housing
Status: in_force

§ 425. Animal housing. 1. Each licensed animal shelter shall provide\neach animal in its custody or possession with a suitable primary\nenclosure that meets the requirements prescribed in this section.\n  2. Unsupervised tethering for periods exceeding thirty minutes is\nprohibited.\n  3. Animal housing shall meet the following requirements:\n  (a) materials used in housing construction shall be non-porous,\nwater-resistant, non-toxic, and able to withstand regular cleaning and\ndisinfection;\n  (b) drainage shall prevent accumulation of water or other liquids on\nfloors; and\n  (c) housing shall be structurally sound, in good repair and maintained\nin a safe, working condition to properly confine animals, prevent\ninjury, keep animals safe from predation, keep other animals out, and\nallow animals to remain dry and clean.\n  4. Wire or slat-bottom cages are prohibited unless a solid tray is\nprovided for the cage bottom to prevent injury to the animal.\n  5. Animal populations shall be segregated appropriately, in accordance\nwith the following requirements:\n  (a) dogs and cats shall be housed in separate rooms with efforts made\nto minimize the exposure of cats to the barking of dogs to the extent\npracticable;\n  (b) animals of the same species shall be separated by age groups (e.g.\nneonates and juveniles; adults) except that nursing animals may be\nhoused with their offspring;\n  (c) animals with known or suspected infectious diseases shall be\nhoused in isolation areas as prescribed in subdivision nine of section\nfour hundred twenty-four of this article;\n  (d) nothing in this subdivision shall be construed to prevent the\ntemporary housing of animals in areas without such segregation for\nmedical care and in pre- and post-operative surgical areas.\n  6. Well-socialized, healthy animals may be housed with one or more\nconspecifics. Animals housed together shall be compatible and have\nsimilar environmental requirements. Such housing shall not allow\nexposure to numerous different animals on a frequently changing basis.\n  7. Prior to being housed with one or more other animals the following\nconditions shall apply:\n  (a) all animals are vaccinated and dewormed against the pathogens\nspecified in section four hundred twenty-nine of this article;\n  (b) physical examinations verifying the absence of clinical signs of\ninfectious diseases have been performed;\n  (c) surgical sterilization or housing in same-sex groupings, except\nlittermates under twelve weeks of age; and\n  (d) the animal has a collar or tag to facilitate visual\nidentification, unless the animal's age or condition is such that\napplication of visual identification is not practicable or would be\ndetrimental to the animal's health.\n  8. Animals that are poorly socialized, fearful, or aggressive towards\nother animals or that are ill, injured, or within a week of whelping or\nqueening shall be housed individually in a suitably sized, enriched\nprimary enclosure.\n  (a) Littermates under the age of twelve weeks may be co-housed in an\nisolation area if all individuals are infected with the same infectious,\ncontagious, parasitic or communicable disease.\n  (b) Dogs and cats within a week of giving birth or until separation\nfrom the offspring shall be provided with a box with a solid floor large\nenough to allow the animal to lie fully stretched on its side,\npermitting all offspring to nurse and to accommodate all offspring until\nweaned; and an area large enough to allow the dam or queen to leave the\nwhelping box.\n  9. Each enclosure shall clearly indicate the identities of all animals\ncontained within, specifying each animal's unique identifier as required\nunder section four hundred twenty-three of this article. Each animal\nshall also be individually identified.\n  10. All primary enclosures shall provide sufficient space to allow\neach animal, regardless of species, to:\n  (a) make all normal postural adjustments;\n  (b) fully stretch its body and have sufficient room to circle, lie\ndown, and stand upright without the head or tail touching the sides of\nthe enclosure even with the presence of water and food bowls, beds,\nlitter boxes, and other normal cage objects; and\n  (c) allow animals to sit, sleep and eat away from areas of their\nenclosure where they defecate and urinate.\n  11. Any primary enclosure housing two or more animals shall provide\nthe following:\n  (a) sufficient space and quality of environment to allow all animals\nto maintain social distances;\n  (b) adequate areas for hiding, resting, feeding, and elimination with\nsufficient space to separate areas and the ability for all animals to\naccess those areas.\n  12. Regardless of the size of the primary enclosure, the number of\nanimals cohoused in a primary enclosure at one time shall not exceed the\nfollowing thresholds:\n  (a) twelve adult cats;\n  (b) two litters of kittens not to exceed ten kittens total;\n  (c) five adult dogs; or\n  (d) one litter of puppies.\n  13. Puppies and kittens less than sixteen weeks of age shall not be\nhoused in the same enclosure with adults other than their dam or queen,\nor foster or surrogate dam or queen.\n  14. All animals housed with one or more conspecifics shall be\nseparated for feeding or observed at feeding times for antagonistic\ninteractions that pose a safety and welfare concern.\n  15. Animals shall not be housed outdoors for more than twelve hours\nwithin a twenty-four-hour period, with the exception of free-roaming\ncats under the care of the animal shelter.\n  16. Outdoor primary enclosures shall comply with all housing\nrequirements prescribed in this section and shall provide the following:\n  (a) protection from the elements at all times;\n  (b) adequate drainage to prevent the accumulation of excess water in\nor around the enclosures;\n  (c) a moisture-proof, insulated shelter structure large enough to\nsimultaneously accommodate all animals in the enclosure, unless\nimmediate entry to an indoor portion of the enclosure is accessible;\n  (d) security from unauthorized entry of other animals into the\nenclosure;\n  (e) a separate, shaded area sufficient to simultaneously accommodate\nall animals, except when animals have immediate access to an indoor\nportion of the enclosure;\n  (f) clean dry bedding at all times and a heat source when the outdoor\ntemperature falls below fifty degrees fahrenheit; and\n  (g) enclosures that allow outdoor access for cats shall be fully\nenclosed to prevent escape from the enclosure.\n  17. For any animal in the custody or possession of any animal shelter\nfor fourteen days or longer, alternative housing shall be provided in\none of the following formats:\n  (a) enriched cages at least twice the size otherwise required for an\nanimal's size;\n  (b) foster care in a private home, office, or other suitable off-site\nlocation; or\n  (c) room housing.\n