Bill Text: NY S05615 | 2013-2014 | General Assembly | Amended


Bill Title: Establishes the "pygmy pig regulation law"; permits the custody, care or control of a pygmy pig; permits one pygmy pig per dwelling in any residential zone; requires a license; imposes civil penalties for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CITIES [S05615 Detail]

Download: New_York-2013-S05615-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5615--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 28, 2013
                                      ___________
       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed  to  the  Committee  on  Cities  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to  amend  the  administrative code of the city of New York, in
         relation to establishing the "pygmy pig regulation law"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Chapter  3  of title 17 of the administrative code of the
    2  city of New York is amended by adding a new  subchapter  9  to  read  as
    3  follows:
    4                                SUBCHAPTER 9
    5                          PYGMY PIG REGULATION LAW
    6  SECTION 17-375 SHORT TITLE.
    7          17-376 DEFINITION.
    8          17-377 CUSTODY, CARE OR CONTROL OF PYGMY PIG; RESIDENTIAL ZONE.
    9          17-378 LICENSE.
   10          17-379 ADDITIONAL VACCINATIONS.
   11          17-380 DUE CARE.
   12          17-381 CONTROL OF ANIMALS AFFECTED WITH RABIES.
   13          17-382 VIOLATIONS.
   14          17-383 RULES AND REGULATIONS.
   15          17-384 APPLICABILITY.
   16    S  17-375 SHORT TITLE. THIS SUBCHAPTER SHALL BE KNOWN AND MAY BE CITED
   17  AS THE "PYGMY PIG REGULATION LAW".
   18    S 17-376 DEFINITION. WHENEVER USED IN THIS SUBCHAPTER,  THE  FOLLOWING
   19  TERM  SHALL  HAVE  THE FOLLOWING MEANING: "PYGMY PIG" MEANS A PIG OR HOG
   20  CLASSIFIED AS SUS SCROFA  JUBATUS  MULLER,  OR  SUS  SCROFA  (CRISTATUS)
   21  VITTATUS,  AND  COMMONLY  REFERRED  TO  AS A VIETNAMESE POT-BELLIED PIG,
   22  PYGMY PIG OR MINI-PIG, WHICH STANDS NO HIGHER  THAN  22  INCHES  AT  THE
   23  SHOULDER AND WEIGHS NO MORE THAN 200 POUNDS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10796-02-3
       S. 5615--A                          2
    1    S  17-377 CUSTODY, CARE OR CONTROL OF PYGMY PIG; RESIDENTIAL ZONE. NOT
    2  MORE THAN ONE PYGMY PIG SHALL BE PERMITTED PER DWELLING FOR  ANY  PERSON
    3  OWNING  OR  HAVING  THE CUSTODY, CARE OR CONTROL OF ANY PYGMY PIG IN ANY
    4  RESIDENTIAL ZONE.
    5    S  17-378  LICENSE.  A  PERSON  OWNING  OR HAVING THE CUSTODY, CARE OR
    6  CONTROL OF A PYGMY PIG SHALL FIRST  PAY  A  FEE  AND  OBTAIN  AN  ANIMAL
    7  LICENSE  FROM  THE DEPARTMENT PURSUANT TO CHAPTER ONE HUNDRED FIFTEEN OF
    8  THE LAWS OF EIGHTEEN HUNDRED NINETY-FOUR, AS AMENDED.  NO  SUCH  LICENSE
    9  SHALL  BE ISSUED UNLESS THE PERSON KEEPING OR MAINTAINING A PYGMY PIG IN
   10  A RESIDENTIAL AREA AS A PET OR FOR PERSONAL USE HAS SUBMITTED:  (1)  THE
   11  PROOF  FROM  A  LICENSED  VETERINARIAN THAT THE PIG HAS BEEN NEUTERED OR
   12  SPAYED; AND (2) HAS BEEN VACCINATED AGAINST  PSEUDO  RABIES.  BOARS,  OR
   13  MALE  PYGMY  PIGS,  ARE  TO  BE  NEUTERED PRIOR TO NINE WEEKS. GILTS, OR
   14  FEMALE PYGMY PIGS, ARE TO BE SPAYED PRIOR TO SIX MONTHS.
   15    S 17-379 ADDITIONAL  VACCINATIONS.  THE  COMMISSIONER  MAY  PROMULGATE
   16  RULES AND REGULATIONS TO REQUIRE ADDITIONAL VACCINATIONS FOR PYGMY PIGS.
   17    S 17-380 DUE CARE. EVERY PERSON OWNING OR HAVING CHARGE, CARE, CUSTODY
   18  OR  CONTROL  OF ANY PYGMY PIG SHALL EXERCISE DUE CARE TO PREVENT THE PIG
   19  FROM BEING STRAY OR ROAMING ON ANY HIGHWAY, STREET, AND ANY OTHER PUBLIC
   20  PLACE.
   21    S 17-381 CONTROL OF ANIMALS AFFECTED WITH  RABIES.  A.  IN  ACCORDANCE
   22  WITH  NEW  YORK  CITY  HEALTH  CODE  SECTION  11.27, WHEN A PYGMY PIG IS
   23  EXPOSED TO THE RABIES VIRUS, THE PERSON WHO OWNS, POSSESSES OR  CONTROLS
   24  THE  PIG  AND  ANY  OTHER  PERSON HAVING KNOWLEDGE OF THE EXPOSURE SHALL
   25  IMMEDIATELY NOTIFY THE DEPARTMENT BY TELEPHONE.
   26    B. SECTIONS 11.27 AND 11.31 OF THE NEW YORK  CITY  HEALTH  CODE  SHALL
   27  APPLY  TO  PYGMY  PIGS. SPECIFICALLY, IF ANY PYGMY PIG IS EXPOSED TO THE
   28  RABIES VIRUS PER NEW YORK CITY HEALTH CODE SECTION 11.27,  IT  SHALL  BE
   29  KEPT  ISOLATED,  AT  THE  OWNER'S EXPENSE, IN A MANNER PRESCRIBED BY THE
   30  DEPARTMENT IN A VETERINARY HOSPITAL  OR  OTHER  PLACE  APPROVED  BY  THE
   31  DEPARTMENT,  UNDER  DAILY  VETERINARY  SUPERVISION,  FOR A PERIOD OF SIX
   32  MONTHS.
   33    S 17-382 VIOLATIONS. ANY VIOLATION OF THIS SUBCHAPTER OR  ANY  OF  THE
   34  RULES  PROMULGATED HEREUNDER SHALL UPON CONVICTION THEREOF BE PUNISHABLE
   35  BY A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE THAN  FIVE
   36  HUNDRED  DOLLARS.  CIVIL  VIOLATIONS UNDER THIS SECTION SHALL BE ADJUDI-
   37  CATED BEFORE THE DEPARTMENT'S ADMINISTRATIVE TRIBUNAL.
   38    S 17-383 RULES AND  REGULATIONS.  THE  COMMISSIONER  OF  HEALTH  SHALL
   39  PROMULGATE  RULES  AND  REGULATIONS IN ACCORDANCE WITH THE PROVISIONS OF
   40  THIS CHAPTER, AND SUCH OTHER RULES AND REGULATIONS AS MAY  BE  NECESSARY
   41  FOR  THE PURPOSE OF IMPLEMENTING AND CARRYING OUT THE PROVISIONS OF THIS
   42  SUBCHAPTER.
   43    S 17-384 APPLICABILITY. THE PROVISIONS OF THIS  SUBCHAPTER  SHALL  NOT
   44  SUPERSEDE  ANY  EXISTING  LEASE OR RENTAL AGREEMENT FOR ANY COOPERATIVE,
   45  CONDOMINIUM OR HOMEOWNER ASSOCIATION WHICH CONTAINS A CLAUSE PROHIBITING
   46  PETS.
   47    S 2. This act shall take effect immediately.
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