N.Y. AGM Law § 377-A — New York Code / Act AGM / Article 26 / Section 377-A
Spaying and neutering of dogs and cats
Status: in_force

§ 377-a. Spaying and neutering of dogs and cats. 1. The legislature\nfinds that the uncontrolled breeding of dogs and cats in the state\nresults in an overabundance of puppies and kittens. More puppies and\nkittens are produced than responsible homes for them can be provided.\nThis leads to many of such animals becoming stray and suffering\nprivation and death, being impounded and destroyed at great expense to\nthe community and constituting a public nuisance and health hazard. It\nis therefore declared to be the public policy of New York state that\nevery feasible humane means of reducing the production of unwanted\npuppies and kittens be encouraged.\n  2. No animal shelter, pound, dog control officer, humane society, dog\nor cat protective association, or duly incorporated society for the\nprevention of cruelty to animals shall release any dog or cat for\nadoption to any person unless prior thereto:\n  (a) the dog or cat has been spayed or neutered; or\n  (b) the person intending to adopt the dog or cat shall have executed a\nwritten agreement with the animal shelter, pound, dog control officer,\nhumane society, dog or cat protective association, or duly incorporated\nsociety for the prevention of cruelty to animals, to have the dog or cat\nspayed or neutered within thirty days from the adoption date, or in the\ncase of a dog or cat which has not yet reached sexual maturity, within\nthirty days of the dog or cat reaching six months of age. The person\nintending to adopt the dog or cat shall deposit with the animal shelter,\npound, dog control officer, humane society, dog or cat protective\nassociation, or duly incorporated society for the prevention of cruelty\nto animals, an amount of not less than thirty-five dollars. Not more\nthan every two years, the commissioner, after holding a public hearing,\nmay raise the amount to be deposited to reflect rising costs; or\n  (c) the person intending to adopt the dog or cat shall have executed a\nwritten agreement with the animal shelter, pound, dog control officer,\nhumane society, dog or cat protective association or society for the\nprevention of cruelty to animals to have the dog or cat spayed or\nneutered within thirty days from the adoption date, or in the case of a\ndog or cat which has not yet reached sexual maturity, within thirty days\nof the dog or cat reaching six months of age. The person intending to\nadopt the dog or cat shall have paid an adoption fee which includes the\ncost of the spay or neuter procedure. The written agreement shall\nrequire that the animal shelter, pound, dog control officer, humane\nsociety, dog or cat protective association or society for the prevention\nof cruelty to animals from which the dog or cat is adopted bear the cost\nof the spay or neuter procedure.\n  3. For the purposes of this section, the age of the animal at the time\nof adoption shall be determined by the animal shelter, pound, dog\ncontrol officer, humane society, dog or cat protective association, or\nduly incorporated society for the prevention of cruelty to animals that\nreleases the animal for adoption and such age shall be clearly written\non the written agreement by the animal shelter, pound, dog control\nofficer, humane society, dog or cat protective association, or duly\nincorporated society for the prevention of cruelty to animals, prior to\nthe agreement being executed by the person adopting the animal.\n  4. Any deposit collected pursuant to paragraph (b) of subdivision two\nof this section that is not claimed within ninety days of its\ncollection, or if the deposit is for an animal under six months of age,\nwithin sixty days after the animal has reached six months of age, shall\nbe deposited in the animal population control fund established pursuant\nto section ninety-seven-xx of the state finance law.\n  Deposits collected pursuant to paragraph (b) of subdivision two of\nthis section shall be refunded to the adopter upon presentation to the\nanimal shelter, pound, dog control officer, humane society, dog and cat\nprotective association, or duly incorporated society for the prevention\nof cruelty to animals of written documentation from a licensed\nveterinarian that the dog or cat has been spayed or neutered, provided\nthat the animal has been spayed or neutered within the time specified in\nthe written agreement, or that because of old age or other health\nreasons, as certified by a licensed veterinarian examining the dog or\ncat, spaying or neutering would endanger the animal's life.\n  5. Nothing contained in this section shall prevent any town, city,\nvillage or county in New York state from enacting a local law or\nordinance requiring that animal shelters, pounds, dog control officers,\nhumane societies, dog or cat protective associations and duly\nincorporated societies for the prevention of cruelty to animals within\nsuch town, city, village or county spay or neuter dogs and cats prior to\nreleasing such animals for adoption, provided that such local law or\nordinance may require spaying or neutering at an age earlier, but in no\nevent later than that required in this section, except where because of\nadvanced age or other health reasons, as certified by a licensed\nveterinarian who has examined the dog or cat, spaying or neutering would\nendanger the life of the animal. A town, city, village or county in New\nYork state that enacts such a local law or ordinance shall be exempt\nfrom the provisions of this section.\n