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; repea

Summary of provisions

Section 1 of the bill repeals sections 1, 2, 2-a, 3, 3-a, and 4 of chapter 115 of the laws of 1894 and replaces them with four new sections 1, 2, 3, and 4.

The repealed section 1 of chapter 115 requires dogs to be licensed in cities with a population of two million or more, sets the base fee at $8.40, with an additional fee for unsterilized dogs, with an exemption from the additional fee if the life of the dog would be endangered by sterilization.

The repealed section 2 of chapter 115 sets- the term of licenses at one year and requires renewal each year.

The repealed section 2-a of chapter 115 sets a fee of $2.00 for late renewal of licenses.

The repealed section 3 of chapter 115 requires certificates of license or renewal to state the name and address of person who obtained the license and the number of the license.

The repealed section 3-a of chapter 115 sets the additional fee for unsterilized dogs at the greater of $3.00 or an amount set by the New York City Councilor the New York City Board of Health, and requires that the additional fees be deposited in the City's animal population control fund.

The repealed section 4 of chapter 115 requires every licensed dog to wear a collar with a license tag.

The new section 1 of chapter 115 specifies that the chapter applies in New York City.

The new section 2 of chapter 115 requires that dogs be licensed and makes various provisions related to license applications and fees.

Subdivision 1 of the new section 2 of chapter 115 requires dogs to be licensed, requires the applicant for a license to provide various information and authorizes the City health commissioner to require proof of rabies vaccination with the application.

Subdivision 2 of the new section 2 of chapter 115 sets the term at one year or a longer amount of time that may be set by the City health commissioner.

Subdivision 3 of the new section 2 of chapter 115 permits New York City to set fees for licenses by local-law, with an additional fee for licensing unsterilized dogs to be at least 85 percent of the base fee applicable to licensing all dogs.

Subdivision 4 of the new section 2 of chapter 115 requires that the additional fees for licensing unsterilized dogs be deposited in the City's animal population control fund.

Subdivision 5 of the new section 2 of chapter 115 requires that fees for a period greater than one year be prorated.

Subdivision 6 of the new section 2 of chapter 115 authorizes the City to set a fee by local law for late renewal of licenses at no more than 20 Percent of the base fee for a license.

Subdivision 7 of the new section 2 of chapter 115 requires applicants. for licenses to be notified that they may submit, along with the license fees, a contribution to help fund low-cost sterilization services.

Subdivision 8 of the new section 2 of chapter 115 requires the City to forward 10 cents from the fee for each license to the State commissioner of agriculture, to be used to fund research into diseases of dogs and viruses that affect people and animals. This subdivision replaces section 8-a of chapter 115, which is repealed by section 3 of the bill, as indicated below.

Subdivision 9 of the new section 2 of chapter 115 specifies that license fees shall not be based in whole or part on the breed of the dog.

The new section 3 of chapter 115 makes provisions related to violations of the licensing requirement.

Subdivision 1 of the new section 3 of chapter 115 provides for a fine of $75 for an unlicensed dog and $100 for a second offense within 5 years.

Subdivision 2 of the new section 3 of chapter 115 provides that a violation for an unlicensed dog may not be issued to a person in the course of obtaining or renewing a license, and provides for a defense if a person issued a violation has applied for a license but not yet received it or if a previously valid license has been expired for 30 days or less.

Subdivision 3 of the new section 3 of chapter 115 provides that three quarters of the amount paid in fines for violations of the

license requirement shall be deposited in the City's animal population control fund and that the remainder shall be used solely fox activities related to animal care and control.

The new section 4 of chapter 115 makes provisions related to issuance of licenses, license tags, and renewals.

Subdivision 1 of the new section 4 of chapter 115 requires the City to supply certificates of license or renewal. Subdivision 2 of the new section 4 of chapter 115 requires every licensed dog to wear a collar with a license tag supplied by the City, requires the City to notify the recipient of each tag of the penalty for using it for a dog other than the one for which it was issued, permits the City to issue optional specialty tags for an additional price, and permits the City require a tag indicating that a rabies vaccination has been administered.

Subdivision 3 of the new section 4 of chapter 115 permits the City to issue replacements for lost tags, for a fee equal to the cost of replacement.

Subdivision 4 of the new section 4 of chapter 115 provides for the City to notify licensees 30 days before a license will expire.

Section 2 of the bill amends section 8 of chapter 115 of the laws of 1894 to give primary responsibility for carrying out its provisions to the City health department rather than the American Society for the Prevention of Cruelty to Animals (ASPCA), to ensure that fees collected by the City are used for the purposes intended in the bill, and to make technical changes.

Section 3 of the bill repeals sections.8-a and 8-c of chapter 115 of the laws of 1894, amends section 8-b, and renumbers section 8-b as section 8-a.

The repealed section 8-a of chapter 115 requires the City to forward 10 cents from the fee for each license to the State commissioner of agriculture, to be used to fund research into diseases of dogs and viruses that affect people and animals. This repealed section is replaced by subdivision 8 of the new section 2 of chapter 115, as indicated above.

The repealed section 8-c of chapter 115 sets forth various now-moot provisions related to the relationship between the ASPCA and the City.

The newly renumbered section 8-a of chapter 115 is amended to clarify that certain entities that give a dog to a New York City resident in the city are required to ensure the recipient of the dog submit a license application. The amendments also expand the range of people or entities the City may designate to process dog license applications on its behalf, to include, -for example, those who provide care, treatment, services, or merchandise for animals, and increases the compensation such outside entities may receive from the current $1.00 per application to a new amount set at 10 percent of the base application fee.

Section 4 of the bill amends section 9 of chapter 115 of the laws of 1894 to remove a provision that subjects any person who has a dog without complying with the licensing requirements to a charge of disorderly conduct and a fine of up to $10.00 or 10 days in prison. (The new section 3 of chapter 115, added by this bill as indicated above, creates new provisions related to violations of the licensing requirement.). Section 9 is also amended to make certain other violations of the law returnable to the City's Environmental Control Board or Health Tribunal and to make technical changes.

Section 5 of the bill amends section 13 of chapter 115 of the laws of 1894 to provide for an exemption from New York City's dog licensing requirements for non-residents of New York City, those who reside in the city temporarily or who recently arrived, organizations that shelter and care for animals, boarding kennels, grooming parlors, salons, pet shops, training establishments, and similar businesses. The amended section 13 also provides an exemption from the license fees for guide dogs, hearing dogs, service dogs, and police work dogs.

Section 6 of the bill amends section 17-812 of the administrative code of the city of New York to make it conform with the new and renumbered provisions of chapter 115 of the laws of 1894 as amended by this bill.

Section 7 of the bill sets forth the effective date.

Justification

The State law that requires dogs in New York City to be licensed and provides for license fees, issuance, and enforcement has become outdated and doesn't provide for an appropriate level of discretion and home rule, making licensure burdensome for both the City and those with dogs that need to be licensed.

While the law specifies that license fees are intended to defray the costs of the City's animal control program, most of the current fees were set many decades ago and no longer cover even the cost of issuing the licenses. (The existing law specifies a set amount for most fees related to licenses, granting the City the option of increasing the amount of just one fee, the surcharge applicants must pay to license an unsterilized dog.) The City is currently undertaking an effort to protect public health and improve animal care by increasing public awareness of the licensing requirements, and increasing shelter services, hours of operation, field services, and adoption services, with the expanded services being phased in between 2011 and 2014. The ability to set reasonable fees by local law, as this bill would provide, would help the City implement these changes effectively. The bill also imposes certain parameters for setting the fees, to ensure fairness and to achieve certain policy objectives.

Current law permits private entities, such as pet shops, to issue licenses on behalf of the City, but authorizes them to receive only $1.00 per license for providing the service. As a result, virtually the only licenses issued privately are those mandated to be issued by shelters and other animal organizations to adopted animals. This bill

would rectify this problem by authorizing a private dog license provider to receive 10 percent of the total: fees. The bill also expands the range of entities that may be authorized by the City to process applications.

Under the existing law, an applicant for a dog license must pay must submit notarized proof that the dog has been sterilized in order to avoid paying the surcharge applicable to an unsterilized dog. Given this administrative burden, many people simply avoid licensing their dogs. This bill would allow self-certification by applicants that their dog has been sterilized, simplifying the application and enabling online licensing. The bill also authorizes the City to require proof of rabies vaccination with license applications and to mandate that dogs wear a tag indicating they've been vaccinated.

The current law provides for seizure of a dog without a license but provides no authority to issue a notice of violation or a fine. This bill would establish notices of violation and . fines to promote compliance with the license requirements. It would also clarify and expand the range of exemptions from the license requirements so that people are not charged and fined unreasonably.

Legislative history

New legislation.

Fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law, provided that upon the repeal of sections 1, 2, 2-a, 3, 3-a and 4 of chapter 115 of the laws of 1894, relating to the better protection of lost and strayed animals and for securing the rights of owners thereof, pursuant to section one of this act, any existing licenses or renewals thereof issued under the provisions of such sections shall continue to be valid for such terms as they were issued under such provisions; and provided further that such licenses shall be renewable pursuant to the new provisions added by section one of this act; and provided further that upon the repeal of sections 1, 2, 2-a, 3, 3-a and 4 of chapter 115 of the laws of 1894, relating to the better protection of lost and strayed animals and for securing the rights of owners thereof, any license or renewal fees previously authorized and in effect pursuant to such sections as of the date this act takes effect shall remain in effect until new fees shall be adopted and take effect pursuant to local law enacted in accordance with this act; and provided further that notices of violation may not be issued pursuant to section three of chapter 115 of the laws of 1894, relating to better protection of lost and strayed animals and for securing the rights of owners thereof, until the one hundred twentieth day after this act shall have become a law.