2023 New York Laws › LSA - Lost and Strayed Animals 115/1894

Chapter 115 of the laws of 1894
AN ACT FOR THE BETTER PROTECTION OF LOST AND STRAYED ANIMALS,
AND FOR SECURING THE RIGHTS OF THE OWNERS THEREOF
Section  1.  The provisions of this act shall apply in the city of New
York.
§ 2. (1) Every person who owns or harbors one or more dogs within  the
corporate  limits  of such city, shall procure a license for each dog as
provided in this act. In applying for  such  license  to  be  issued  or
renewed,  the  applicant  shall provide in writing the name, sex, breed,
age, color and markings of the dog  for  which  the  license  is  to  be
procured or renewed and such information that the commissioner of health
and  mental hygiene of such city deems necessary to notify the applicant
when the license is due to be renewed or to contact the applicant in the
event the dog is found after becoming lost or strayed. Such commissioner
may issue rules requiring proof of rabies vaccination, or an affirmation
that such vaccine has been administered, as part of the application  for
such license to be issued or renewed.
(2)  Licenses  issued  or  renewed under this act shall be valid for a
term of one year or, pursuant to rules issued by such commissioner,  for
a period greater than one year.
(3)  The  fees for a license issued or renewed under this act shall be
set by local law, subject to the provisions of this  subdivision.  There
shall  be  a base fee for a license to be issued or renewed for any dog.
There shall be an additional fee for a license to be issued  or  renewed
for  a non-sterilized dog. The amount of such additional fee shall be at
least eighty-five percent of the amount  of  the  base  fee.  Applicants
shall pay the additional fee unless their application is accompanied by:
(i) a statement signed by a licensed veterinarian providing that the dog
has  been  sterilized or that such veterinarian has examined the dog and
found that because of old age or other permanent medical condition,  the
life  of  the  dog  would  be  endangered  by  sterilization,  or (ii) a
statement, approved as to form by such commissioner and affirmed by  the
applicant, that the dog has been sterilized.
(4)  The amount collected for the additional fee charged for a license
to be  issued  or  renewed  for  an  unsterilized  dog  as  provided  in
subdivision  three  of  this  section  shall  be  forwarded  to the city
comptroller for deposit in the animal population  control  fund  created
pursuant to section 17-812 of the administrative code of the city of New
York.
(5)  When  a  license  is  issued or renewed for a term other than one
year, the fees shall be a prorated amount of the fees per  year  set  as
provided in subdivision three of this section.
(6)  Any  person  who  fails  to  renew a license prior to its date of
expiration may be required to pay a late fee upon renewal of a  license,
with  the amount of such late fee set by local law. Such amount shall be
no more than twenty percent of the amount of the base fee for a  license
to  be  issued  or  renewed  as  provided  in  subdivision three of this
section.
(7) The application for a license to be issued  or  renewed  shall  be
accompanied by a statement as prescribed by such commissioner, notifying
the applicant that he or she may submit, along with the fees required by
this  section,  an  additional  amount to be utilized for the purpose of
funding low-cost  sterilization  services  from  the  animal  population
control  fund  created  pursuant to section 17-812 of the administrative
code of the city of New York. Any additional amount  submitted  pursuant
to this subdivision shall be deposited in such fund.
(8)  From the fees collected pursuant to this act for each dog license
issued or renewed, the sum of ten cents annually for the  term  of  such
license   shall  be  remitted  by  such  city  to  the  commissioner  of
agriculture and markets on or before the fifteenth day  of  each  month,
with  such sum to be used to fund research into diseases of dogs and the
search for and the study of viruses that affect people and animals.
(9) The amount of any fee charged pursuant to this act  shall  not  be
based in whole or part on the breed of the dog.
§  3.  (1) Any person who is required to obtain or renew a dog license
pursuant to this act but fails to do  so  may  be  issued  a  notice  of
violation,  returnable  to  the  environmental  control  board or health
tribunal of the office of administrative trials and hearings of the city
of New York, and may be subject to a civil  penalty  of  not  more  than
seventy-five  dollars  for  the  first  violation  and  no more than one
hundred dollars when such person was found to have violated this section
within the preceding five years. Such notice of violation may be  issued
by  any  officer or agent of the department of health and mental hygiene
of  such  city,  or  any  other  agency  or  entity  designated  by  the
commissioner  of  health  and  mental  hygiene  or  such city, when such
officer or agent observes the dog for which such license  has  not  been
obtained or renewed.
(2)  Notwithstanding  subdivision  one of this section, such notice of
violation may not be issued to a person  when  such  person  is  in  the
course  of  obtaining  or  renewing  a license for the dog for which the
notice of violation would be issued. It shall be an affirmative  defense
to any such violation that: (i) the person required to obtain or renew a
dog  license  duly applied for such license or renewal prior to the date
of the violation but the department of health and mental hygiene of such
city had not issued or renewed such license; or  (ii)  such  person  had
previously  procured  a license that was valid for a term that ended not
more than thirty days before such notice of  violation  was  issued  and
such  person duly applied for renewal of such license subsequent to such
notice of violation being issued.
(3) Three quarters of any amount paid as a  penalty  for  a  violation
pursuant  to this section shall be forwarded to the city comptroller for
deposit in the  animal  population  control  fund  created  pursuant  to
section  17-812  of the administrative code of the city of New York, and
the remainder shall be used solely for carrying out  the  provisions  of
this  act,  establishing,  maintaining,  or  funding  shelters for lost,
strayed, or homeless animals,  providing  or  funding  public  education
regarding  responsible  animal  care and dog licensing requirements, and
conducting other animal care and control activities.
§ 4. (1) With each license issued  or  renewed  under  this  act,  the
department  of  health  and mental hygiene of such city shall supply the
applicant with a certificate of license or renewal stating the name  and
address  of  the  owner  of  the  dog  and the number of such license or
renewal.
(2) Every dog licensed under this act shall,  at  all  times,  have  a
collar about its neck with a tag made of metal or other durable material
attached  thereto,  bearing the number of the license. Such tag shall be
supplied to the owner by such department. Such department shall  provide
notice  with  each such tag that anyone who shall use a license tag on a
dog for which it was not issued shall be deemed guilty of a  misdemeanor
as  provided  in  section  nine  of  this act. Nothing in this act shall
prevent such department  from  issuing  specialty  tags  which,  for  an
additional  cost  set  by  local law, owners may purchase in lieu of the
standard tags issued pursuant  to  this  section.  The  commissioner  of
health  and  mental  hygiene of such city may issue rules requiring that

dogs licensed under this act shall have attached to such  collar  a  tag
indicating that a rabies vaccination has been administered.
(3)  Such department may issue replacements for tags that are lost and
may require reasonable proof of loss of the original and  payment  of  a
sum, set by local law, equal to the cost of replacement.
(4) On or about the thirtieth day before the end of the term for which
a  license  issued  or  renewed  under  this  act  shall  be valid, such
department shall notify the licensee by mail or other means,  using  the
contact  information provided pursuant to subdivision one of section two
of this act, of the date by which renewal is  required,  the  manner  in
which  the  licensee  may  apply  for  renewal, the fees associated with
on-time and late renewal respectively, and the penalties  to  which  the
licensee  may be subject under section three of this act in the event he
or she fails to renew such license.
§ 5. Dogs not licensed pursuant to the provisions of this act shall be
seized, and if not redeemed within forty-eight hours, may  be  destroyed
or otherwise disposed of, as hereinafter provided.
§  6.  It  is further provided that any cat found within the corporate
limits of any such city without a collar about its neck bearing the name
and residence of the owner stamped thereon, may be seized  and  disposed
of in like manner, as prescribed above for dogs.
§  7.  Any person claiming a dog or cat seized under the provisions of
this act, and proving ownership thereof, shall  be  entitled  to  resume
possession of the animal on payment of the sum of three dollars.
§  8.  The  department  of  health  and mental hygiene of such city is
hereby empowered and authorized to carry out the provisions of this act,
and such department is further authorized to issue and  renew  licenses,
and  to  collect the fees set forth in this act or otherwise established
as prescribed in this act. Such  fees,  excluding  the  additional  fees
charged  for  licenses  to  be  issued  or renewed for unsterilized dogs
pursuant to subdivision three of section two of this act and the amounts
specified in subdivision eight of section two of this act, shall be used
to defray such city's cost of carrying out the provisions of  this  act,
establishing,  maintaining,  or  funding  shelters  for lost, strayed or
homeless animals, and providing or funding  public  education  regarding
responsible animal care and dog licensing requirements.
§  8-a.  (1)  No  person  holding  a permit issued pursuant to section
161.09 of the New York city health code or a license issued pursuant  to
article  26-A  of the agriculture and markets law shall sell or transfer
ownership of a dog in such city without first requiring the purchaser or
other new owner to submit an application for a dog license  and  to  pay
all  required  fees,  unless  such  purchaser  or  other new owner shall
execute and submit to such seller or transferor a written statement that
the dog to be purchased or transferred is to be  harbored  outside  such
city.  Such  applications  and  written  statements  shall  be  on forms
furnished by the department of health and mental hygiene  of  such  city
and  shall,  within ten days after execution by a purchaser or other new
owner, be forwarded by the seller or transferor to such department.
(2) Any seller or transferor processing  an  application  pursuant  to
subdivision  one  or three of this section shall, on or before the tenth
day of the month next succeeding the month in which collected, remit  to
such  department  the  amount  of fees collected less ten percent of the
base fees set pursuant to subdivision three of section two of  this  act
for each application processed.
(3)  The  commissioner  of  health and mental hygiene of such city may
designate any other person or entity, including but  not  limited  to  a
person  or entity who provides care, treatment, services, or merchandise
for animals, to process applications for dog licenses, collect fees, and

remit the amount of fees collected less ten percent of such base fee  in
accordance   with   this  section  and  otherwise  consistent  with  the
provisions of this act.
§  9.  Any  person or persons, who shall hinder or molest or interfere
with any officer or agent of the department of health and mental hygiene
of such city in the performance of any duty enjoined by this act, or who
shall use a license tag on a dog for which it was not issued,  shall  be
deemed  guilty  of  a  misdemeanor.  Any  person  who for the purpose of
participating in the "animal population control program"  shall  falsify
proof  of  adoption from a pound, shelter, duly incorporated society for
the prevention of cruelty to animals,  humane  society  or  dog  or  cat
protective association or who shall furnish any licensed veterinarian of
this  state  with inaccurate information concerning his or her residency
or the ownership of an animal or such person's authority  to  submit  an
animal  for  a  sterilization  procedure established pursuant to section
17-812 of the administrative code of  the  city  of  New  York  and  any
veterinarian  who  shall  furnish false information concerning an animal
sterilization fee schedule or an animal sterilization certificate  shall
be  guilty  of  a  violation  punishable  by a fine of not more than two
hundred fifty dollars where prosecuted pursuant to  the  penal  law,  or
where  prosecuted  as  an  action to recover a civil penalty of not more
than two hundred fifty dollars.  Notices  of  violation  may  be  issued
pursuant to this act by any officer or agent of the department of health
and  mental  hygiene  of  such  city,  or  any  other  agency  or entity
designated by the commissioner of health  and  mental  hygiene  of  such
city,  and  such  notices  of  violation  shall  be  returnable  to  the
environmental control board or to the health tribunal of the  office  of
administrative trials and hearings of the city of New York.
§ 10. The department of health of any city having a population of over
two   million,  in  consultation  with  the  American  society  for  the
prevention of cruelty to animals, shall  prescribe  standards  for  such
city  for the humane treatment of animals impounded pursuant to this act
and shall provide for regular inspection to ensure compliance with  such
standards.
§ 11. Any animal impounded pursuant to this act which is unclaimed may
be  delivered  to  an  individual eighteen years of age or older for the
purpose of harboring such animal as a companion animal.
§ 12. No animal impounded pursuant to this act or in the care, custody
or control of an animal shelter or other facility for lost, strayed  and
homeless  animals shall be sold, transferred or otherwise made available
to any person for the purpose  of  research,  experimentation,  testing,
teaching  or  demonstration.  Any  person who violates the provisions of
this section shall be subject to a civil penalty of five hundred dollars
for each violation.
§ 13. (1) An exemption from the dog licensing requirements of this act
shall  be  provided  for  the  following  persons,  organizations,   and
businesses:
(a)  individuals  who  are  non-residents  of  such  city,  or who are
temporarily residing in such city for a  period  not  to  exceed  thirty
days;
(b) individuals for the first thirty days after becoming a resident of
such city; and
(c) for dogs in their temporary custody for the purposes of redemption
by  an  owner,  placement  for  adoption,  boarding, grooming, training,
veterinary treatment or provision of other  services:  animal  shelters,
duly  incorporated humane societies, duly incorporated societies for the
prevention of cruelty to animals, duly  incorporated  animal  protective

associations,  boarding  kennels,  grooming  parlors, salons, pet shops,
training establishments or similar businesses or establishments.
(2)  An exemption from the dog license fees of section two of this act
shall be provided for guide dogs, hearing dogs, service dogs  or  police
work  dogs,  as such terms are defined in section 108 of the agriculture
and markets law.
§ 14. The thirtieth subdivision of section eighty-six of chapter  four
hundred and ten of the laws of eighteen hundred and eighty-two, entitled
"An act to consolidate into one act and to declare the special and local
laws  affecting public interests in the city of New York," and all other
acts and parts of acts inconsistent with the provisions of this act, are
hereby repealed.
§ 15. This act shall take effect immediately.