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    3  and for securing the rights of owners thereof, are REPEALED and four new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.
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