It shall be a violation, punishable as provided in subdivision two of this section, for: (a) any owner to fail to license any dog; (b) any owner to fail to have any dog identified as required by this article; (c) any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service, therapy or hearing dogs or purebred license tag; (d) any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this article; (e) any person to furnish any false or misleading information on any form required to be filed with any municipality pursuant to the provisions of this article or rules and regulations promulgated pursuant thereto; (f) the owner or custodian of any dog to fail to exercise due diligence in handling his or her dog if the handling results in harm to another dog that is a guide, hearing or service dog; (g) any owner of a dog to fail to notify the municipality in which his or her dog is licensed of any change of ownership or address as required by section one hundred twelve of this article. Generally, leash laws require that dogs be maintained on leash when off the owner’s property. Such delegation shall be pursuant to an agreement entered into by the commissioner and such city or county. 3. ), § 115. Amended L.1995, c. 473, § 5. What is the Medical Malpractice Statute of Limitations in New York? 2. Waste bags and benches are available, as well as large rocks where pooches can climb, and a beautiful mural featuring some of Albany's best four-legged friends. Pet dealers shall conspicuously display their license on the premises where the animals are kept for sale so that they may be readily seen by potential consumers. ), HISTORICAL AND STATUTORY NOTES 2011 Electronic Update. Book Classes With A Patient,Results-Focused Dog Trainer at Teri Rudolph's Dog Training Services in Albany, NY. New York State requires all dogs over four months of age to be licensed. The commissioner may, pursuant to an agreement entered into with a county or city delegate the authority to conduct inspections of pet dealers and to respond to complaints concerning pet dealers to such county or city where the pet dealer is located; provided however such delegation of inspection authority shall only be permitted where the commissioner has delegated his or her authority to issue licenses pursuant to section four hundred three of this article. Any person who intentionally refuses, withholds, or denies a person, because he or she is accompanied by an on-duty police work dog, working search, war, or detection dog as defined in section one hundred eight of this article, any accommodations, facilities, or privileges thereof shall be subject to a civil penalty of up to two hundred dollars for the first violation and up to four hundred dollars for each subsequent violation. 5. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. Notwithstanding the foregoing, a pet dealer, in operation on or before the effective date of this section, [FN1] who has filed an application for an initial license under this article shall be authorized to operate without such license until the commissioner grants or, after notice and opportunity to be heard, declines to grant such license. 4. EE, §§ 5 to 7, 13, 19, eff. [FN 2] Agriculture and Markets Law § 400 et seq. Each pet dealer shall keep and maintain records for each animal purchased, acquired, held, sold, or otherwise disposed of. 2. Nov. 1, 2005; L.2017, c. 59, pt. 8. In all other circumstances, the owner of the dog may make application to the court to issue a stay of disposition pending determination of the appeal. 47 XI A Law to prevent Accidents by fast and immoderate Riding. Provided, however, that the commissioner shall consult with state and local emergency personnel relative to the activation of such animal response teams. January 23, 2009; L.2013, c. 251, § 3, eff. “Owner” means any person who harbors or keeps any dog. 3. Amended L.2012, c. 110, § 6, eff. If the purchaser notifies the pet dealer in writing on or before such time that he or she has not received the appropriate registration documents, the pet dealer shall have, in addition to the one hundred twenty days, sixty more days in which to provide the appropriate documents. This section and any order issued pursuant thereto shall not apply to dogs in special dog training areas or shooting preserves enclosed and licensed pursuant to the provisions of the environmental conservation law, while such dogs are under the control of the owner or trainer. The location of such designated area must be such as to prevent or reduce the spread of disease to healthy animals and must otherwise meet all housing requirements of this section. The department is authorized to adopt regulations requiring documentation to establish that an applicant is eligible to use a mechanical device pursuant to this subdivision. 1. 2. T, § 16, eff. The person with whom the animal was abandoned shall, however, on the day of divesting himself or herself of possession thereof, notify the person who had placed such animal in his or her custody of the name and address of the animal society or pound to which the animal has been delivered, such notice to be by registered letter mailed to the last known address of the person intended to be so notified. Such definition shall include breeders of animals who sell or offer for sale animals directly to a consumer but it shall not include any municipal pound or shelter established and maintained pursuant to subdivision one of section one hundred fourteen of the agriculture and markets law, or any duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society, duly incorporated animal protective association or other duly incorporated animal adoption or animal rescue organization that is tax exempt pursuant to paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code, 26 U.S.C. Nov. 12, 2017. In the event of a change in the ownership of any dog which has been licensed pursuant to this article or in the address of the owner of record of any such dog, the owner of record shall, within ten days of such change, file with the municipality in which the dog is licensed a written report of such change. 4. If the dog is licensed pursuant to the provisions of law of the area of the owner's residence, the licensing requirements of this article shall not apply provided such dog is not harbored within this state outside any city having a population of over two million for a period exceeding thirty days. Notification of presence of wild animals and dangerous dogs. In Albany, dogs are required to be restrained by an adequate collar and leash and must be under the control of an owner or an individual over the age of 12 when on public property in the city of Albany. These laws establish proper control of the dog and when the dog's owner is liable to the bite victim. 1. CREDIT(S)    (Added L.2000, c. 259, § 2, eff. (d) “Formal training program” or “certified trainer” shall mean an institution, group or individual who has documentation and community recognition as a provider of service animals. Amended L.1978, c. 221, § 3; L.1980, c. 714, §§ 6, 7; L.1984, c. 28, § 3; L.1986, c. 404, § 8; L.1995, c. 473, § 7; L.2000, c. 263, § 2, eff. Amended L.2006, c. 687, § 1, eff. T, § 5, eff. 2. a. “Detection dog” means any dog that is trained and is actually used for such purposes or is undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband. 1381 et seq. ), § 1310. Jan. 1, 2001; L.2010, c. 483, §§ 1, 2, eff. (Added L.1993, c. 68, § 4, eff. Donations may be requested but not required at the clinics. If the person from whom the animal was obtained is a dealer licensed by the United States department of agriculture, the person's name, address, and federal dealer identification number. Find out if you are entitled to compensation by talking to An Albany dog bite attorney. Albany police Officer Kyle Haller and Albany police therapy dog Maxie interact with the public in this undated photo. 1. § 209-cc. Skip to main content. (b) If the animal is exempt from the provisions of subdivision one of this section, pursuant to paragraph (c) of subdivision two of this section, the veterinarian shall provide the owner of the dog, cat or domesticated ferret with a certified statement verifying that the animal is exempt from immunization because the immunization would adversely affect the health of the animal, and verifying the nature and duration of such exemption. Whenever the commissioner certifies a county to have a rabies alert pursuant to section twenty-one hundred forty-two of this title, any duly appointed dog control officer, animal control officer, peace officer, police officer, or health officer for that area may seize and confine any dog, cat or domesticated ferret found at large and may destroy a dog, cat or domesticated ferret found at large that is exhibiting symptoms of rabies and cannot be seized without placing any person at serious risk of physical injury. Nov. 6, 2019.] Removing, seizing or transporting dogs for research purposes, § 374. “Commissioner” shall mean the commissioner of agriculture and markets. 4. Any veterinarian, duly licensed to practice under the laws of this state, who in connection with such practice renders professional services in the treatment of any dog, cat, or other domestic animal or boards any such animal on his premises, or a person keeping a livery stable, or boarding stable for animals, or pasturing or boarding one or more animals, or who in connection therewith keeps or stores any wagon, truck, cart, carriage, vehicle or harness, has a lien dependent upon the possession upon each dog, cat or other animal kept, pastured or boarded by him, and upon any wagon, truck, cart, carriage, vehicle or harness, of any kind or description, stored or kept provided an express or implied agreement is made with the owners thereof, whether such owner be a mortgagor remaining in possession or otherwise, for the sum due him for the professional service rendered, care, keeping, boarding or pasturing of the animal, or for the keeping or storing of any wagon, truck, cart, carriage, vehicle and harness, under the agreement, and may detain the dog, cat or other animal or wagon, truck, cart, carriage, vehicle and harness accordingly, until such sum is paid. (b) offsetting costs associated with the provision and replacement of identification tags pursuant to section one hundred eleven of this article. “Local residence”, under the conditions hereinafter specified, shall mean any person who has his or her primary residence, secondary residence, vacation home or school within a county of the state of New York shall be deemed to have local residence in such county. Court rules governing civil appeals in the appropriate jurisdiction shall govern the appeal of a determination under this section. Any action of the commissioner shall be subject to judicial review in a proceeding under article seventy-eight of the civil practice law and rules.3, (Added L.2000, c. 259, § 4. Feb. 12, 2001. 6. 1. Aug. 24, 2018. Credits (Added L.1995, c. 473, § 6. Electrocution of fur-bearing animals prohibited § 353-d . (Formerly § 113, added L.1978, c. 220, § 2. Be aware that the laws about your dog do vary from community to community. 4. § 90. Jan. 1, 2011, § 123-a . Upon validation by the commissioner or the county or city authorized under this section to issue pet dealer licenses, the application shall become the license of the pet dealer. Renumbered § 113 and amended L.2010, c. 59, pt. Such rules and regulations may also provide for the collection, sharing, and dissemination of chip identification information by entities that possess and manage such information solely to promote timely notification of owners when pets are lost while maintaining privacy protection of personal information and providing for disclosure to such owners of the sharing of such information. Such notices shall be prescribed by the commissioner, but the written notice may be contained in a written contract, an animal history certificate or separate document, provided such notices are in ten-point boldface type. No pet dealer shall knowingly sell any cat or dog younger than eight weeks of age. Apply to Associate Attorney, Associate General Counsel, Program Analyst and more! If a police work dog bites an individual in the course of such dog's official duty the police department may apply for a waiver from confinement from the local department of health. (b) the term “person” means any individual, partnership, corporation, association, or other entity. Nothing contained in this section shall limit or abrogate any claim or cause of action any person who is injured by a dog with a vicious disposition or a vicious propensity may have under common law or by statute. Any person receiving an exemption pursuant to this section shall be subject to the provisions prescribed in subdivision two of section four hundred six of this article for any violation of this section, provided further that whenever there shall be a violation of this section, application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. The knowledge of the presence of dangerous wild animals, and dangerous dogs, in the context of emergency services responses, is necessary to protect public safety and the safety of emergency services personnel. (Formerly § 121-b, added L.2007, c. 582, § 2, eff. ), § 11-107. If such a complaint is made, the officer must immediately inform the person who made the complaint that they have the right to commence a proceeding on these grounds. Phase One of this project’s design and input process will commence in 2021, with construction slated for 2022. (a) The administrative entity chosen by the commissioner shall review plans submitted for approval and funding of low-cost spay-neuter programs and award grants for the animal population control fund for implementation of such plans. Renumbered § 117 and amended L.2010, c. 59, pt. Amended L.2012, c. 446, § 7, eff. The town board after a public hearing may enact, amend and repeal ordinances, rules and regulations not inconsistent with law, for the following purposes in addition to such other purposes as may be contemplated by the provisions of this chapter or other laws. 4. a. Every pet dealer shall deliver to the purchaser of an animal, at the time of sale, a written statement in a standardized form prescribed by the commissioner of agriculture and markets containing the following information: (a) The breeder's and, if applicable, broker's name and address, if known, or, if not known, the source of the cat. Any listing of costs in clinic announcements or advertisements must indicate that vaccinations are available free of charge, and that donations are optional. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized subject to subdivisions six, eight and nine of this section and subject to the provisions of section three hundred seventy-four of this chapter. Clipping or cutting the ears of dogs, § 366-a. 1. The name and address of the person from whom each animal was acquired. 49 XII A Law to prevent Raffling in the City of Albany. (b) making arrangements for appropriate disposition of the animals involved, including confinement and observation, quarantines, vaccination boosters, or euthanasia and testing. 2015 New York Laws PBH - Public Health Article 13 - NUISANCES AND SANITATION Title 1 - (1300 - 1311) GENERAL PROVISIONS; CONTROL AND ABATEMENT 1310 - Removal of canine wastes in cities with a population of four hundred thousand or more persons and in the cities of Yonkers and Albany. Pre-procedural and post-procedural care in accordance with established veterinary medical and nursing procedures; and. 4. Information statement for purchaser. Oct. 15, 2005. Adequate guidance to personnel involved in the care and use of animals regarding handling and immobilization; (v) [Eff. Amended L.1980, c. 714, § 1; L.1981, c. 627, § 1; L.1983, c. 356, §§ 1, 2; L.1983, c. 757, § 1; L.1988, c. 645, §§ 1 to 4; L.1994, c. 417, § 1; L.1995, c. 562, § 1; L.2002, c. 39, §§ 2, 3, eff. Promotion of public welfare. Oct. 16, 2012. Who Pays Medical Bills After a Car Accident in New York? Jan. 27, 2014.). The Albany County Health Department would like to make Albany County residents aware of the rabies control laws in New York State, and to reiterate the importance of vaccinating domestic animals against the deadly disease. In addition, the authorized pound or shelter manager shall send, within forty-eight hours of validation, a copy of the license to the licensing municipality within which the dog is to be harbored. Feb. 1, 2011; L.2013, c. 58, pt. ), § 117-a. The remittance shall be accompanied by a report of license sales made during such month. “Hearing dog” means any dog that is trained to aid a person who is deaf or hard of hearing and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose. 5. The commissioner shall also retain a copy of the license. 388, 389, § 1; L.1944, c. 67; L.1944, c. 126, §§ 1 to 9; L.1944, c. 447, §§ 1, 2; L.1946, c. 12, §§ 1, 2; L.1946, c. 21; L.1946, c. 217, § 1; L.1947, cc. Compensation for harm to a guide, hearing or service dog, § 1310 . A permit from the department must be obtained before liberation of any wildlife, and such a permit may be withheld if, in the opinion of the department, granting it would endanger the health of native wildlife species. As used in this article, unless otherwise expressly stated or unless the context or subject matter requires otherwise: 1. Compare and research animal & dog attorneys in New York on LII. “Dog control officer” means any individual appointed by a municipality to assist in the enforcement of this article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with a municipality to assist in the enforcement of this article. 4. Unauthorized possession of dogs presumptive evidence of larceny, § 365. ), § 399-aa. [FN1]  So in original ("changes" should be "charges"). License refusal, suspension, or revocation, § 408. 2. 12. “Person” means any individual, corporation, partnership, association, municipality, or other legal entity. [FN1] L.2000, c. 259, § 4. 1. Seizure of dogs; redemption periods; impoundment fees; adoption, § 117-a . Repealed by L.2013, c. 553, § 1, eff. [Eff. Nov. 5, 2018. Violation of this section shall be punishable by a fine of not more than one hundred dollars for a first offense and by a fine of not less than fifty nor more than one hundred fifty dollars for a second offense and each subsequent offense; provided, however where the animal that has been struck and injured is a guide dog, hearing dog or service dog, as such terms are defined in section forty-seven-b of the civil rights law which is actually engaged in aiding or guiding a person with a disability, a violation of this section shall be punishable by a fine of not less than fifty nor more than one hundred fifty dollars for a first offense and by a fine of not less than one hundred fifty dollars nor more than three hundred dollars for a second offense and each subsequent offense. (c) An administrative entity selected pursuant to this section shall use proceeds from the animal population control fund to pay for reasonable expenses incurred in operating the low-cost spay-neuter program, but is hereby authorized to solicit funds from other public and private sources. 2. Appropriate shelter for dogs left outdoors § 353-c . CREDIT(S) (Added L.2002, c. 573, § 4, eff. The American Kennel Club … 1. Ventilation shall be provided by natural or mechanical means, such as windows, vents, fans, or air conditioners. No owner or trainer of a dog shall take it afield for training on wild game except from August 16 to April 15 or as otherwise permitted by department order. Inspection in accordance with section four hundred five of this article, the results of which establish compliance with the provisions of this article and with the provisions of article thirty-five-D of the general business law regarding recordkeeping and consumer disclosure requirements for pet dealers, shall precede issuance of a license or renewal thereof under this section. New York statutes give someone who witnesses a dog attack or threatened attack to make a complaint to a dog control officer or police officer of their appropriate municipality. Nov. 1, 2000; L.2003, c. 264, § 51, eff. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not less than one hundred dollars and not more than one thousand dollars. Such county program shall be subject to this article and the terms and conditions of the animal population control program, as may be amended from time to time. Failure to provide such papers entitles the purchaser to remedies under law. Renumbered § 752, L.1993, c. 68, § 1. 26. All veterinary services provided pursuant to this section must be performed by a veterinarian licensed in this state. (d) The application shall be accompanied by the license fee prescribed by section one hundred ten of this article and a certificate of rabies vaccination or statement in lieu thereof, as required by subdivision two of this section. Contact Information . Municipalities may provide for the establishment and issuance of purebred licenses and, in the event they do so, shall provide for the assessment of a surcharge of at least three dollars for the purposes of carrying out animal population control efforts as provided in section one hundred seventeen-a of this article. Any municipality within a county that does not have its own program approved by the administrative entity pursuant to subdivision two of this section must submit the funds collected pursuant to subdivision three of section one hundred ten of this article to the animal population control fund pursuant to section ninety-seven-xx of the state finance law. Oct. 31, 2000; L.2001, c. 490, § 2, eff. 1. Additionally, the person who adopts such a dog must sign a written agreement to neuter or spay the dog within 30 days of adoption or 30 days from the date the animal becomes six months old. Jan. 1, 2011; L.2010, c. 419, § 3; L.2010, c. 419, § 4, eff. Such additional fee shall be the property of the licensing municipality and shall be used to pay the expenses incurred by the municipality in conducting the enumeration. 2. 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