Relates to animal control and licensing of animals; makes various amendments to dog licensing laws in N.Y. city; establishes an animal population control fund; repealer

Section 2: Amends the agriculture and markets law by adding a new article 26B which: * defines cities covered by the law to include only those cities with a population over two million; * requires a license for every dog within the corporate city limits of such cities; * sets annual license fees for dogs at ten dollars plus a one dollar tag fee for altered dogs and fifteen dollars plus a tag fee of one dollar for unaltered dogs; * permits a city covered by this article to change license fees by local law, provided that the total license fee for an unaltered dog must be at least five dollars more than the total fee for an altered dog; * prohibits setting of license fees based in whole or part on the breed of dog owned, and a $3.00 surcharge on unaltered dog licenses with such surcharge amounts going to the Animal Population Control Fund; * requires proof of rabies inoculation to accompany license applications for all dogs three months of age or older; * permits department of health of a city covered by this article to implement a system by which dog license are issued for a calendar year; * provides exemptions from dog licensing requirement for certain temporary custody situations, for nonresidents temporarily in the city, and for laboratories and research institutions; * provides exemptions from dog license fees for guide dogs, hearing dogs, service dogs and police work dogs; * requires submission of dog license application and applicable fees by purchaser or adopter prior to sale or adoption from a duly incorporated humane society, society for the prevention of cruelty to animals, duly incorporated animal protective association pet shop or pet dealer; * requires that sellers or adopting agencies submit applications and fees to the department of health; * establishes holding periods and owner notification requirement for dogs and cats held in city shelters; * establishes owner redemption requirements for animals held in city shelters; * authorizes the department of health or its authorized agents to carry out the provisions of this article; * requires fees collected pursuant to this article, except for those designated for the Animal Population Control Fund to be used by the city to defray the cost of carrying out the provisions of this article, providing animal control, operating animal shelters in the city, spaying and neutering dogs and cats and educating the public on responsible pet ownership; * authorizes the department of health to make dog licenses available for purchase via the Internet, through licensed veterinarians, SPCAs, humane societies, animal protective associations, pet shops, pet dealers, and government offices; requires the department of health to evaluate the feasibility of Internet licensing; * requires distribution of public information posters; creates civil penalty options for violations of this article, prohibits pound seizure; * exempts entities having temporary custody of dogs from the licensing requirements; * authorizes the Department of Agriculture and Markets to permit entities which sell or adopt out dogs to sell licenses; * requires entities which sell or adopt out dogs to take applications for licenses for those dogs if they have not been authorized to sell licenses.

Justification

Amendments to New York City's dog licensing law are necessary to correct outdated language and to make that law consistent with the license sales provisions of the state licensing law. This bill is also necessary to provide adequate funding for controlling pet populations and for animal control in New York State - problems that are exacerbated by the lack of compliance with existing dog licensing laws which provide the funds to deal with them. The lack of compliance is due primarily to ignorance of the requirement to license dogs, the limited access to license applications and lack of understanding as to what the money is used for. This legislation addresses these problems by making license applications more widely available and by the publication and dissemination of literature by the department of health. Better enforcement of dog licensing laws along with increasing the license fee will provide substantial income to municipalities for animal control.

Enforcement of dog licensing also serves an important public safety function, since inoculation against rabies is a prerequisite for dog licensing in New York State. Minimal increases in the penalties for noncompliance (which have remained unchanged since 1978) will provide desperately needed funding for municipal animal control services. Increases in purebred license fees will have little impact on breeders while helping to provide sorely needed animal control resources. Additionally, where the current law is silent on required holding periods for seized animals, such periods are clearly established, and when taken in conjunction with local law governing the calculation of holding periods, will ensure that pet owners have adequate notice and opportunity to reclaim their pets.

Legislative history

2008: A8032A (Kavanagh) - Agriculture 2007: A8032 (Kavanagh) - Agriculture 2006: A 582 (Grannis) - Agriculture 2005: A7582 (Grannis) - Agriculture

Fiscal impact on the state

Minimal.

Effective date

This act shall take effect in ninety days.