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.