Bill Text: NY S05048 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to animal control and licensing of animals; relates to the better protection of lost and strayed animals and to securing the rights of owners thereof; relates to licensing of dogs in certain cities; relates to the animal population control fund.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2014-06-20 - SUBSTITUTED BY A2046 [S05048 Detail]
Download: New_York-2013-S05048-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5048 2013-2014 Regular Sessions I N S E N A T E May 7, 2013 ___________ Introduced by Sen. SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend 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, in relation to licensing of dogs in a certain city; to amend the administrative code of the city of New York, in relation to the animal population control fund; and to repeal certain provisions of chapter 115 of the laws of 1894, relating to the better protection of lost or strayed animals and for securing the rights of owners ther- eof, relating to licensing of dogs in a certain city THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Sections 1, 2, 2-a, 3, 3-a and 4 of chapter 115 of the laws 2 of 1894, relating to the better protection of lost and strayed animals 3 and for securing the rights of owners thereof, are REPEALED and four new 4 sections 1, 2, 3 and 4 are added to read as follows: 5 SECTION 1. THE PROVISIONS OF THIS ACT SHALL APPLY IN THE CITY OF NEW 6 YORK. 7 S 2. (1) EVERY PERSON WHO OWNS OR HARBORS ONE OR MORE DOGS WITHIN THE 8 CORPORATE LIMITS OF SUCH CITY, SHALL PROCURE A LICENSE FOR EACH DOG AS 9 PROVIDED IN THIS ACT. IN APPLYING FOR SUCH LICENSE TO BE ISSUED OR 10 RENEWED, THE APPLICANT SHALL PROVIDE IN WRITING THE NAME, SEX, BREED, 11 AGE, COLOR AND MARKINGS OF THE DOG FOR WHICH THE LICENSE IS TO BE 12 PROCURED OR RENEWED AND SUCH INFORMATION THAT THE COMMISSIONER OF HEALTH 13 AND MENTAL HYGIENE OF SUCH CITY DEEMS NECESSARY TO NOTIFY THE APPLICANT 14 WHEN THE LICENSE IS DUE TO BE RENEWED OR TO CONTACT THE APPLICANT IN THE 15 EVENT THE DOG IS FOUND AFTER BECOMING LOST OR STRAYED. SUCH COMMISSIONER 16 MAY ISSUE RULES REQUIRING PROOF OF RABIES VACCINATION, OR AN AFFIRMATION 17 THAT SUCH VACCINE HAS BEEN ADMINISTERED, AS PART OF THE APPLICATION FOR 18 SUCH LICENSE TO BE ISSUED OR RENEWED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03124-01-3 S. 5048 2 1 (2) LICENSES ISSUED OR RENEWED UNDER THIS ACT SHALL BE VALID FOR A 2 TERM OF ONE YEAR OR, PURSUANT TO RULES ISSUED BY SUCH COMMISSIONER, FOR 3 A PERIOD GREATER THAN ONE YEAR. 4 (3) THE FEES FOR A LICENSE ISSUED OR RENEWED UNDER THIS ACT SHALL BE 5 SET BY LOCAL LAW, SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION. THERE 6 SHALL BE A BASE FEE FOR A LICENSE TO BE ISSUED OR RENEWED FOR ANY DOG. 7 THERE SHALL BE AN ADDITIONAL FEE FOR A LICENSE TO BE ISSUED OR RENEWED 8 FOR A NON-STERILIZED DOG. THE AMOUNT OF SUCH ADDITIONAL FEE SHALL BE AT 9 LEAST EIGHTY-FIVE PERCENT OF THE AMOUNT OF THE BASE FEE. APPLICANTS 10 SHALL PAY THE ADDITIONAL FEE UNLESS THEIR APPLICATION IS ACCOMPANIED BY: 11 (I) A STATEMENT SIGNED BY A LICENSED VETERINARIAN PROVIDING THAT THE DOG 12 HAS BEEN STERILIZED OR THAT SUCH VETERINARIAN HAS EXAMINED THE DOG AND 13 FOUND THAT BECAUSE OF OLD AGE OR OTHER PERMANENT MEDICAL CONDITION, THE 14 LIFE OF THE DOG WOULD BE ENDANGERED BY STERILIZATION, OR (II) A STATE- 15 MENT, APPROVED AS TO FORM BY SUCH COMMISSIONER AND AFFIRMED BY THE 16 APPLICANT, THAT THE DOG HAS BEEN STERILIZED. 17 (4) THE AMOUNT COLLECTED FOR THE ADDITIONAL FEE CHARGED FOR A LICENSE 18 TO BE ISSUED OR RENEWED FOR AN UNSTERILIZED DOG AS PROVIDED IN SUBDIVI- 19 SION THREE OF THIS SECTION SHALL BE FORWARDED TO THE CITY COMPTROLLER 20 FOR DEPOSIT IN THE ANIMAL POPULATION CONTROL FUND CREATED PURSUANT TO 21 SECTION 17-812 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK. 22 (5) WHEN A LICENSE IS ISSUED OR RENEWED FOR A TERM OTHER THAN ONE 23 YEAR, THE FEES SHALL BE A PRORATED AMOUNT OF THE FEES PER YEAR SET AS 24 PROVIDED IN SUBDIVISION THREE OF THIS SECTION. 25 (6) ANY PERSON WHO FAILS TO RENEW A LICENSE PRIOR TO ITS DATE OF EXPI- 26 RATION MAY BE REQUIRED TO PAY A LATE FEE UPON RENEWAL OF A LICENSE, WITH 27 THE AMOUNT OF SUCH LATE FEE SET BY LOCAL LAW. SUCH AMOUNT SHALL BE NO 28 MORE THAN TWENTY PERCENT OF THE AMOUNT OF THE BASE FEE FOR A LICENSE TO 29 BE ISSUED OR RENEWED AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION. 30 (7) THE APPLICATION FOR A LICENSE TO BE ISSUED OR RENEWED SHALL BE 31 ACCOMPANIED BY A STATEMENT AS PRESCRIBED BY SUCH COMMISSIONER, NOTIFYING 32 THE APPLICANT THAT HE OR SHE MAY SUBMIT, ALONG WITH THE FEES REQUIRED BY 33 THIS SECTION, AN ADDITIONAL AMOUNT TO BE UTILIZED FOR THE PURPOSE OF 34 FUNDING LOW-COST STERILIZATION SERVICES FROM THE ANIMAL POPULATION 35 CONTROL FUND CREATED PURSUANT TO SECTION 17-812 OF THE ADMINISTRATIVE 36 CODE OF THE CITY OF NEW YORK. ANY ADDITIONAL AMOUNT SUBMITTED PURSUANT 37 TO THIS SUBDIVISION SHALL BE DEPOSITED IN SUCH FUND. 38 (8) FROM THE FEES COLLECTED PURSUANT TO THIS ACT FOR EACH DOG LICENSE 39 ISSUED OR RENEWED, THE SUM OF TEN CENTS ANNUALLY FOR THE TERM OF SUCH 40 LICENSE SHALL BE REMITTED BY SUCH CITY TO THE COMMISSIONER OF AGRICUL- 41 TURE AND MARKETS ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, WITH SUCH 42 SUM TO BE USED TO FUND RESEARCH INTO DISEASES OF DOGS AND THE SEARCH FOR 43 AND THE STUDY OF VIRUSES THAT AFFECT PEOPLE AND ANIMALS. 44 (9) THE AMOUNT OF ANY FEE CHARGED PURSUANT TO THIS ACT SHALL NOT BE 45 BASED IN WHOLE OR PART ON THE BREED OF THE DOG. 46 S 3. (1) ANY PERSON WHO IS REQUIRED TO OBTAIN OR RENEW A DOG LICENSE 47 PURSUANT TO THIS ACT BUT FAILS TO DO SO MAY BE ISSUED A NOTICE OF 48 VIOLATION, RETURNABLE TO THE ENVIRONMENTAL CONTROL BOARD OR HEALTH 49 TRIBUNAL OF THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS OF THE CITY 50 OF NEW YORK, AND MAY BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN 51 SEVENTY-FIVE DOLLARS FOR THE FIRST VIOLATION AND NO MORE THAN ONE 52 HUNDRED DOLLARS WHEN SUCH PERSON WAS FOUND TO HAVE VIOLATED THIS SECTION 53 WITHIN THE PRECEDING FIVE YEARS. SUCH NOTICE OF VIOLATION MAY BE ISSUED 54 BY ANY OFFICER OR AGENT OF THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE 55 OF SUCH CITY, OR ANY OTHER AGENCY OR ENTITY DESIGNATED BY THE COMMIS- 56 SIONER OF HEALTH AND MENTAL HYGIENE OR SUCH CITY, WHEN SUCH OFFICER OR S. 5048 3 1 AGENT OBSERVES THE DOG FOR WHICH SUCH LICENSE HAS NOT BEEN OBTAINED OR 2 RENEWED. 3 (2) NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, SUCH NOTICE OF 4 VIOLATION MAY NOT BE ISSUED TO A PERSON WHEN SUCH PERSON IS IN THE 5 COURSE OF OBTAINING OR RENEWING A LICENSE FOR THE DOG FOR WHICH THE 6 NOTICE OF VIOLATION WOULD BE ISSUED. IT SHALL BE AN AFFIRMATIVE DEFENSE 7 TO ANY SUCH VIOLATION THAT: (I) THE PERSON REQUIRED TO OBTAIN OR RENEW A 8 DOG LICENSE DULY APPLIED FOR SUCH LICENSE OR RENEWAL PRIOR TO THE DATE 9 OF THE VIOLATION BUT THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF SUCH 10 CITY HAD NOT ISSUED OR RENEWED SUCH LICENSE; OR (II) SUCH PERSON HAD 11 PREVIOUSLY PROCURED A LICENSE THAT WAS VALID FOR A TERM THAT ENDED NOT 12 MORE THAN THIRTY DAYS BEFORE SUCH NOTICE OF VIOLATION WAS ISSUED AND 13 SUCH PERSON DULY APPLIED FOR RENEWAL OF SUCH LICENSE SUBSEQUENT TO SUCH 14 NOTICE OF VIOLATION BEING ISSUED. 15 (3) THREE QUARTERS OF ANY AMOUNT PAID AS A PENALTY FOR A VIOLATION 16 PURSUANT TO THIS SECTION SHALL BE FORWARDED TO THE CITY COMPTROLLER FOR 17 DEPOSIT IN THE ANIMAL POPULATION CONTROL FUND CREATED PURSUANT TO 18 SECTION 17-812 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, AND 19 THE REMAINDER SHALL BE USED SOLELY FOR CARRYING OUT THE PROVISIONS OF 20 THIS ACT, ESTABLISHING, MAINTAINING, OR FUNDING SHELTERS FOR LOST, 21 STRAYED, OR HOMELESS ANIMALS, PROVIDING OR FUNDING PUBLIC EDUCATION 22 REGARDING RESPONSIBLE ANIMAL CARE AND DOG LICENSING REQUIREMENTS, AND 23 CONDUCTING OTHER ANIMAL CARE AND CONTROL ACTIVITIES. 24 S 4. (1) WITH EACH LICENSE ISSUED OR RENEWED UNDER THIS ACT, THE 25 DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF SUCH CITY SHALL SUPPLY THE 26 APPLICANT WITH A CERTIFICATE OF LICENSE OR RENEWAL STATING THE NAME AND 27 ADDRESS OF THE OWNER OF THE DOG AND THE NUMBER OF SUCH LICENSE OR 28 RENEWAL. 29 (2) EVERY DOG LICENSED UNDER THIS ACT SHALL, AT ALL TIMES, HAVE A 30 COLLAR ABOUT ITS NECK WITH A TAG MADE OF METAL OR OTHER DURABLE MATERIAL 31 ATTACHED THERETO, BEARING THE NUMBER OF THE LICENSE. SUCH TAG SHALL BE 32 SUPPLIED TO THE OWNER BY SUCH DEPARTMENT. SUCH DEPARTMENT SHALL PROVIDE 33 NOTICE WITH EACH SUCH TAG THAT ANYONE WHO SHALL USE A LICENSE TAG ON A 34 DOG FOR WHICH IT WAS NOT ISSUED SHALL BE DEEMED GUILTY OF A MISDEMEANOR 35 AS PROVIDED IN SECTION NINE OF THIS ACT. NOTHING IN THIS ACT SHALL 36 PREVENT SUCH DEPARTMENT FROM ISSUING SPECIALTY TAGS WHICH, FOR AN ADDI- 37 TIONAL COST SET BY LOCAL LAW, OWNERS MAY PURCHASE IN LIEU OF THE STAND- 38 ARD TAGS ISSUED PURSUANT TO THIS SECTION. THE COMMISSIONER OF HEALTH 39 AND MENTAL HYGIENE OF SUCH CITY MAY ISSUE RULES REQUIRING THAT DOGS 40 LICENSED UNDER THIS ACT SHALL HAVE ATTACHED TO SUCH COLLAR A TAG INDI- 41 CATING THAT A RABIES VACCINATION HAS BEEN ADMINISTERED. 42 (3) SUCH DEPARTMENT MAY ISSUE REPLACEMENTS FOR TAGS THAT ARE LOST AND 43 MAY REQUIRE REASONABLE PROOF OF LOSS OF THE ORIGINAL AND PAYMENT OF A 44 SUM, SET BY LOCAL LAW, EQUAL TO THE COST OF REPLACEMENT. 45 (4) ON OR ABOUT THE THIRTIETH DAY BEFORE THE END OF THE TERM FOR WHICH 46 A LICENSE ISSUED OR RENEWED UNDER THIS ACT SHALL BE VALID, SUCH DEPART- 47 MENT SHALL NOTIFY THE LICENSEE BY MAIL OR OTHER MEANS, USING THE CONTACT 48 INFORMATION PROVIDED PURSUANT TO SUBDIVISION ONE OF SECTION TWO OF THIS 49 ACT, OF THE DATE BY WHICH RENEWAL IS REQUIRED, THE MANNER IN WHICH THE 50 LICENSEE MAY APPLY FOR RENEWAL, THE FEES ASSOCIATED WITH ON-TIME AND 51 LATE RENEWAL RESPECTIVELY, AND THE PENALTIES TO WHICH THE LICENSEE MAY 52 BE SUBJECT UNDER SECTION THREE OF THIS ACT IN THE EVENT HE OR SHE FAILS 53 TO RENEW SUCH LICENSE. 54 S 2. Section 8 of chapter 115 of the laws of 1894, relating to the 55 better protection of lost and strayed animals and for securing the 56 rights of owners thereof, is amended to read as follows: S. 5048 4 1 S 8. The [American society for the prevention of cruelty to animals] 2 DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF SUCH CITY is hereby empowered 3 and authorized to carry out the provisions of this act, and [the said 4 society] SUCH DEPARTMENT is further authorized to issue AND RENEW 5 licenses [and renewals], and to collect the fees [for such,] SET FORTH 6 IN THIS ACT OR OTHERWISE ESTABLISHED as [is herein] prescribed[, which 7 fees are to] IN THIS ACT. SUCH FEES, EXCLUDING THE ADDITIONAL FEES 8 CHARGED FOR LICENSES TO BE ISSUED OR RENEWED FOR UNSTERILIZED DOGS 9 PURSUANT TO SUBDIVISION THREE OF SECTION TWO OF THIS ACT AND THE AMOUNTS 10 SPECIFIED IN SUBDIVISION EIGHT OF SECTION TWO OF THIS ACT, SHALL be used 11 [by said society towards defraying the] TO DEFRAY SUCH CITY'S cost of 12 carrying out the provisions of this act [and mainatining a shelter], 13 ESTABLISHING, MAINTAINING, OR FUNDING SHELTERS for lost, strayed or 14 homeless animals, AND PROVIDING OR FUNDING PUBLIC EDUCATION REGARDING 15 RESPONSIBLE ANIMAL CARE AND DOG LICENSING REQUIREMENTS. 16 S 3. Sections 8-a and 8-c of chapter 115 of the laws of 1894, relating 17 to the better protection of lost and strayed animals and for securing 18 the rights of owners thereof, are REPEALED and section 8-b, as added by 19 chapter 152 of the laws of 1971, is renumbered 8-a and amended to read 20 as follows: 21 S 8-a. (1) No person holding a permit issued pursuant to section 22 161.09 of the New York city health code OR A LICENSE ISSUED PURSUANT TO 23 ARTICLE 26-A OF THE AGRICULTURE AND MARKETS LAW shall sell OR TRANSFER 24 OWNERSHIP OF a dog IN SUCH CITY without first requiring the purchaser OR 25 OTHER NEW OWNER to submit an application for a dog license and to pay 26 all required fees, unless such purchaser OR OTHER NEW OWNER shall 27 execute and submit to such seller OR TRANSFEROR a written statement that 28 the dog to be purchased OR TRANSFERRED is to be harbored outside [the] 29 SUCH city. Such applications and written statements shall be on forms 30 furnished by the [society] DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF 31 SUCH CITY and shall, within ten days after execution by a purchaser OR 32 OTHER NEW OWNER, be forwarded by the seller OR TRANSFEROR to [the socie- 33 ty] SUCH DEPARTMENT. 34 (2) Any seller OR TRANSFEROR processing an application pursuant to 35 SUBDIVISION ONE OR THREE OF this section shall, on or before the tenth 36 day of the month next succeeding the month in which collected, remit to 37 [the society] SUCH DEPARTMENT the amount of fees collected less [one 38 dollar] TEN PERCENT OF THE BASE FEES SET PURSUANT TO SUBDIVISION THREE 39 OF SECTION TWO OF THIS ACT for each application processed. 40 (3) THE COMMISSIONER OF HEALTH AND MENTAL HYGIENE OF SUCH CITY MAY 41 DESIGNATE ANY OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO A 42 PERSON OR ENTITY WHO PROVIDES CARE, TREATMENT, SERVICES, OR MERCHANDISE 43 FOR ANIMALS, TO PROCESS APPLICATIONS FOR DOG LICENSES, COLLECT FEES, AND 44 REMIT THE AMOUNT OF FEES COLLECTED LESS TEN PERCENT OF SUCH BASE FEE IN 45 ACCORDANCE WITH THIS SECTION AND OTHERWISE CONSISTENT WITH THE 46 PROVISIONS OF THIS ACT. 47 S 4. Section 9 of chapter 115 of the laws of 1894, relating to the 48 better protection of lost and strayed animals and for securing the 49 rights of owners thereof, as amended by section 32 of part T of chapter 50 59 of the laws of 2010, is amended to read as follows: 51 S 9. Any person or persons, who shall hinder or molest or interfere 52 with any officer or agent of [said society] THE DEPARTMENT OF HEALTH AND 53 MENTAL HYGIENE OF SUCH CITY in the performance of any duty enjoined by 54 this act, or who shall use a license tag on a dog for which it was not 55 issued, shall be deemed guilty of a misdemeanor. [Any person who owns or 56 harbors a dog without complying with the provisions of this act shall be S. 5048 5 1 deemed guilty of disorderly conduct, and upon conviction thereof before 2 any magistrate shall be fined for such offense any sum not exceeding ten 3 dollars, and in default of payment of such fine may be committed to 4 prison by such magistrate until the same be paid, but such imprisonment 5 shall not exceed ten days.] Any person who for the purpose of partic- 6 ipating in the "animal population control program" shall falsify proof 7 of adoption from a pound, shelter, duly incorporated society for the 8 prevention of cruelty to animals, humane society or dog or cat protec- 9 tive association or who shall furnish any licensed veterinarian of this 10 state with inaccurate information concerning his or her residency or the 11 ownership of an animal or such person's authority to submit an animal 12 for a [spaying or neutering] STERILIZATION procedure established pursu- 13 ant to section 17-812 of the administrative code of the city of New York 14 and any veterinarian who shall furnish false information concerning an 15 animal sterilization fee schedule or an animal sterilization certificate 16 shall be guilty of a violation punishable by a fine of not more than two 17 hundred fifty dollars where prosecuted pursuant to the penal law, or 18 where prosecuted as an action to recover a civil penalty of not more 19 than two hundred fifty dollars. NOTICES OF VIOLATION MAY BE ISSUED 20 PURSUANT TO THIS ACT BY ANY OFFICER OR AGENT OF THE DEPARTMENT OF HEALTH 21 AND MENTAL HYGIENE OF SUCH CITY, OR ANY OTHER AGENCY OR ENTITY DESIG- 22 NATED BY THE COMMISSIONER OF HEALTH AND MENTAL HYGIENE OF SUCH CITY, AND 23 SUCH NOTICES OF VIOLATION SHALL BE RETURNABLE TO THE ENVIRONMENTAL 24 CONTROL BOARD OR TO THE HEALTH TRIBUNAL OF THE OFFICE OF ADMINISTRATIVE 25 TRIALS AND HEARINGS OF THE CITY OF NEW YORK. 26 S 5. Section 13 of chapter 115 of the laws of 1894, relating to the 27 better protection of lost and strayed animals and for securing the 28 rights of owners thereof, as renumbered by chapter 179 of the laws of 29 1987, is amended to read as follows: 30 S 13. [None of the provisions of this act shall apply to dogs owned 31 by] (1) AN EXEMPTION FROM THE DOG LICENSING REQUIREMENTS OF THIS ACT 32 SHALL BE PROVIDED FOR THE FOLLOWING PERSONS, ORGANIZATIONS, AND BUSI- 33 NESSES: 34 (A) INDIVIDUALS WHO ARE non-residents [passing through the] OF SUCH 35 city, [nor to dogs brought to the city and entered for exhibition at any 36 dog show] OR WHO ARE TEMPORARILY RESIDING IN SUCH CITY FOR A PERIOD NOT 37 TO EXCEED THIRTY DAYS; 38 (B) INDIVIDUALS FOR THE FIRST THIRTY DAYS AFTER BECOMING A RESIDENT OF 39 SUCH CITY; AND 40 (C) FOR DOGS IN THEIR TEMPORARY CUSTODY FOR THE PURPOSES OF REDEMPTION 41 BY AN OWNER, PLACEMENT FOR ADOPTION, BOARDING, GROOMING, TRAINING, 42 VETERINARY TREATMENT OR PROVISION OF OTHER SERVICES: ANIMAL SHELTERS, 43 DULY INCORPORATED HUMANE SOCIETIES, DULY INCORPORATED SOCIETIES FOR THE 44 PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED ANIMAL PROTECTIVE 45 ASSOCIATIONS, BOARDING KENNELS, GROOMING PARLORS, SALONS, PET SHOPS, 46 TRAINING ESTABLISHMENTS OR SIMILAR BUSINESSES OR ESTABLISHMENTS. 47 (2) An exemption from the dog license fees of section two of this act 48 shall be provided for guide dogs, hearing dogs, service dogs or police 49 work dogs, as such terms are defined in section 108 of the agriculture 50 and markets law. 51 S 6. Subdivision 2 of section 17-812 of the administrative code of the 52 city of New York, as added by section 28 of part T of chapter 59 of the 53 laws of 2010, is amended to read as follows: 54 2. Such fund shall consist of all moneys collected from the animal 55 population control program established pursuant to section 17-811 of 56 this chapter [and], ALL MONEYS COLLECTED FOR THE ADDITIONAL FEE CHARGED S. 5048 6 1 FOR A LICENSE TO BE ISSUED OR RENEWED FOR AN UNSTERILIZED DOG PURSUANT 2 TO SUBDIVISION THREE OF section [three-a] TWO of chapter one hundred 3 fifteen of the laws of eighteen hundred ninety-four, THAT PORTION OF ANY 4 PENALTIES ASSESSED UNDER SECTION THREE OF SUCH CHAPTER DUE TO BE PAID TO 5 SUCH FUND, and all other moneys credited or transferred thereto from any 6 other fund or source pursuant to law. 7 S 7. This act shall take effect on the sixtieth day after it shall 8 have become a law, provided that upon the repeal of sections 1, 2, 2-a, 9 3, 3-a and 4 of chapter 115 of the laws of 1894, relating to the better 10 protection of lost and strayed animals and for securing the rights of 11 owners thereof, pursuant to section one of this act, any existing 12 licenses or renewals thereof issued under the provisions of such 13 sections shall continue to be valid for such terms as they were issued 14 under such provisions; and provided further that such licenses shall be 15 renewable pursuant to the new provisions added by section one of this 16 act; and provided further that upon the repeal of sections 1, 2, 2-a, 3, 17 3-a and 4 of chapter 115 of the laws of 1894, relating to the better 18 protection of lost and strayed animals and for securing the rights of 19 owners thereof, any license or renewal fees previously authorized and in 20 effect pursuant to such sections as of the date this act takes effect 21 shall remain in effect until new fees shall be adopted and take effect 22 pursuant to local law enacted in accordance with this act; and provided 23 further that notices of violation may not be issued pursuant to section 24 three of chapter 115 of the laws of 1894, relating to better protection 25 of lost and strayed animals and for securing the rights of owners there- 26 of, until the one hundred twentieth day after this act shall have become 27 a law.