NY Agric & Mkts L § 377-A (2021)
2021 New York Laws AGM - Agriculture and Markets Article 26 - Animals 377-A - Spaying and Neutering of Dogs and Cats.

§  377-a.  Spaying  and neutering of dogs and cats. 1. The legislature finds that the uncontrolled breeding of  dogs  and  cats  in  the  state results  in  an  overabundance  of puppies and kittens. More puppies and kittens are produced than responsible homes for them  can  be  provided. This  leads  to  many  of  such  animals  becoming  stray  and suffering privation and death, being impounded and destroyed at great  expense  to the  community  and constituting a public nuisance and health hazard. It is therefore declared to be the public policy of  New  York  state  that every  feasible  humane  means  of  reducing  the production of unwanted puppies and kittens be encouraged.   2. No animal shelter, pound, dog control officer, humane society,  dog or  cat  protective  association,  or  duly incorporated society for the prevention of cruelty to animals  shall  release  any  dog  or  cat  for adoption to any person unless prior thereto:  (a) the dog or cat has been spayed or neutered; or  (b) the person intending to adopt the dog or cat shall have executed a written  agreement  with the animal shelter, pound, dog control officer, humane society, dog or cat protective association, or duly  incorporated society for the prevention of cruelty to animals, to have the dog or cat spayed  or neutered within thirty days from the adoption date, or in the case of a dog or cat which has not yet reached sexual  maturity,  within thirty  days  of  the  dog or cat reaching six months of age. The person intending to adopt the dog or cat shall deposit with the animal shelter, pound, dog control  officer,  humane  society,  dog  or  cat  protective association,  or duly incorporated society for the prevention of cruelty to animals, an amount of not less than  thirty-five  dollars.  Not  more than  every two years, the commissioner, after holding a public hearing, may raise the amount to be deposited to reflect rising costs; or  (c) the person intending to adopt the dog or cat shall have executed a written agreement with the animal shelter, pound, dog  control  officer, humane  society,  dog  or  cat protective association or society for the prevention of cruelty to animals to  have  the  dog  or  cat  spayed  or neutered  within thirty days from the adoption date, or in the case of a dog or cat which has not yet reached sexual maturity, within thirty days of the dog or cat reaching six months of age. The  person  intending  to adopt  the dog or cat shall have paid an adoption fee which includes the cost of the spay  or  neuter  procedure.  The  written  agreement  shall require  that  the  animal  shelter,  pound, dog control officer, humane society, dog or cat protective association or society for the prevention of cruelty to animals from which the dog or cat is adopted bear the cost of the spay or neuter procedure.   3. For the purposes of this section, the age of the animal at the time of adoption shall be  determined  by  the  animal  shelter,  pound,  dog control  officer,  humane society, dog or cat protective association, or duly incorporated society for the prevention of cruelty to animals  that releases  the  animal for adoption and such age shall be clearly written on the written agreement by  the  animal  shelter,  pound,  dog  control officer,  humane  society,  dog  or  cat protective association, or duly incorporated society for the prevention of cruelty to animals, prior  to the agreement being executed by the person adopting the animal.   4.  Any deposit collected pursuant to paragraph (b) of subdivision two of  this  section  that  is  not  claimed  within  ninety  days  of  its collection,  or if the deposit is for an animal under six months of age, within sixty days after the animal has reached six months of age,  shall be  deposited in the animal population control fund established pursuant to section ninety-seven-xx of the state finance law.   Deposits collected pursuant to paragraph (b)  of  subdivision  two  of this  section  shall be refunded to the adopter upon presentation to the  animal shelter, pound, dog control officer, humane society, dog and  cat protective  association, or duly incorporated society for the prevention of  cruelty  to  animals  of  written  documentation  from  a   licensed veterinarian  that  the dog or cat has been spayed or neutered, provided that the animal has been spayed or neutered within the time specified in the written agreement, or that  because  of  old  age  or  other  health reasons,  as  certified  by a licensed veterinarian examining the dog or cat, spaying or neutering would endanger the animal's life.   5. Nothing contained in this section shall  prevent  any  town,  city, village  or  county  in  New  York  state  from  enacting a local law or ordinance requiring that animal shelters, pounds, dog control  officers, humane   societies,   dog   or  cat  protective  associations  and  duly incorporated societies for the prevention of cruelty to  animals  within such town, city, village or county spay or neuter dogs and cats prior to releasing  such  animals  for  adoption, provided that such local law or ordinance may require spaying or neutering at an age earlier, but in  no event  later than that required in this section, except where because of advanced age or  other  health  reasons,  as  certified  by  a  licensed veterinarian who has examined the dog or cat, spaying or neutering would endanger  the life of the animal. A town, city, village or county in New York state that enacts such a local law or  ordinance  shall  be  exempt from the provisions of this section.