1. June 22, 2011; L.2012, c. 446, § 5, eff. Additionally, the person who adopts such a dog must sign a written agreement to neuter or spay the dog within 30 days of adoption or 30 days from the date the animal becomes six months old. 3. Feb. 12, 2001. 6. Credits(Added L.2000, c. 259, § 4. (Formerly § 123, added L.1978, c. 220, § 2. Employment Lawyers in Albany on YP.com. Raccoons shall not be taken from dens or houses or by cutting den trees. Leaving scene of injury to certain animals without reporting, § 11-0529 . ), § 753-b. 7. Nothing in this article shall be construed to (a) limit or restrict agents or officers of societies for the prevention of cruelty to animals or the police from enforcing other provisions of article twenty-six of this chapter[FN 1] or any other law relating to the humane treatment of, or cruelty to, animals, (b) limit or restrict any municipality from enacting or enforcing any authorized local law, rule, regulation or ordinance of general application to businesses governing public health, safety or the rights of consumers, or (c) limit or restrict any municipality from enacting or enforcing a local law, rule, regulation or ordinance governing pet dealers, as such term is defined in this article, including a law, rule, regulation or ordinance governing the health or safety of animals acquired or maintained by pet dealers, the source of animals sold or offered for sale by pet dealers, and the spay or neuter of such animals; provided, however, that any such local law, rule, regulation or ordinance shall be no less stringent than the applicable provisions of this article and may not result in essentially banning all sales of dogs or cats raised and maintained in a healthy and safe manner. Credits (Added L.2010, c. 59, pt. 10. Provided further, however, that in the county of Montgomery, the board of trustees of the village of St. Johnsville may by resolution provide that application for licenses shall be made to the village clerk. If any dog shall kill or cripple any deer, the owner shall be subject to a civil penalty in the amount of one hundred dollars for the first deer killed or crippled by the dog or by the pack of dogs, if any, of which the dog was a member, and in the amount of one hundred fifty dollars for each additional deer killed or crippled, to be recovered in an action brought by the commissioner of environmental conservation on behalf of the people of the state of New York. The owner of a dog who, through any act or omission, negligently permits his or her dog, which had previously been determined to be dangerous pursuant to this article, to bite a person causing serious physical injury, shall be guilty of a misdemeanor punishable by a fine of not more than three thousand dollars, or by a period of imprisonment not to exceed ninety days, or by both such fine and imprisonment in addition to any other applicable penalties. Nov. 20, 2002. 3. In lieu of forwarding a copy of each report, the clerk may compile the contents of the several reports, and forward the compilation. A pet dealer shall not be considered a consumer. Book Classes With A Patient,Results-Focused Dog Trainer at Teri Rudolph's Dog Training Services in Albany, NY. ), § 400-a. [Expires and deemed repealed Dec. 18, 2019, pursuant to L.2017, c. 470, § 3; L.2018, c. 36, § 3.] Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may, and any dog control officer or police officer as provided in subdivision one of this section shall, make a complaint under oath or affirmation to any municipal judge or justice of such attack or threatened attack. Nov. 12, 2017. “Harbor” means to provide food or shelter to any dog. Definitions. “Animal control officer” shall mean one or more persons designated by the county health authority as having responsibility for animal control issues in the county. Any municipality may establish a common renewal date for all such licenses. 3. a. Migratory game birds shall be taken only as permitted by regulations of the department adopted pursuant to section 11-0307. b. 4. sections 2133 and 2134, and in the case of dangerous dogs except for licensed veterinarians in temporary possession of such dogs, every person owning, possessing, or harboring a wild animal or a dangerous dog within this state shall report the presence thereof to the clerk of the city, town, or village in which such wild animal or dangerous dog is owned, possessed, or harbored. 1. ANIMAL LAW IN NEW YORK STATE. (a) No provision of this section shall be construed to prohibit or interfere with any properly conducted scientific tests, experiments or investigations involving the use of dog or cat fur or flesh, performed or conducted in laboratories or institutions, which are approved for these purposes by the state commissioner of health in accordance with section three hundred fifty-three of the agriculture and markets law. Any violation of this section shall constitute a violation punishable by a fine or a civil penalty of not more than two hundred fifty dollars. Written approval of such registration shall be provided to the applicant by the commissioner and shall be accompanied by a pet dealer exemption identification number, which shall be prominently displayed on the registrant's websites and accompany such registrant's publications or advertisements made available to the public following registration approval. 4. 4. (d) The temperature surrounding the animal shall be compatible with the health and well-being of the animal. See note below for effective date. The town board after a public hearing may enact, amend and repeal ordinances, rules and regulations not inconsistent with law, for the following purposes in addition to such other purposes as may be contemplated by the provisions of this chapter or other laws. Repealed. T, § 22, eff. Animal Groomers in Albany on YP.com. The giving of notice as prescribed in this section shall be deemed a waiver of any lien on the animal for the treatment, board or care of the animal but shall not relieve the owner of the animal removed of his contractual liability for such treatment, board or care furnished. [FN2]. Representation regarding animal's pedigree registration. If the breed is unknown or mixed, the record shall so indicate. Out of the Pits is a not for profit organization that was founded in 1994. 19. 3. 2. It shall be unlawful for any person, firm, partnership or corporation to knowingly import, sell, offer for sale, manufacture, distribute, transport or otherwise market or trade in the fur, hair, skin or flesh of a domesticated dog (canis familiaris) or domesticated cat (felis catus or domesticus), whether domestically raised or imported from another country, or any product or item containing or comprised of the fur, hair, skin or flesh of a dog or cat. (g) No license shall be transferable. Jan. 1, 1980], § 121-a. Removal of canine wastes in cities with a population of four hundred thousand or more persons and in the cities of Yonkers and Albany, § 505-a . 4. 1. The American Kennel Club … 2. 7-a. The owner shall not be liable pursuant to subdivision six, seven, eight, nine or ten of this section if the dog was coming to the aid or defense of a person during the commission or attempted commission of a murder, robbery, burglary, arson, rape in the first degree as defined in subdivision one or two of section 130.35 of the penal law, criminal sexual act in the first degree as defined in subdivision one or two of section 130.50 of the penal law or kidnapping within the dwelling or upon the real property of the owner of the dog and the dog injured or killed the person committing such criminal activity. Compare and research animal & dog attorneys in Albany, New York on LII. 3. Exercise requirements. A copy of such report shall simultaneously be sent to the commissioner. 4. a. A former § 127, added L.1929, c. 173, § 2, and amended L.1930, c. 79; L.1939, c. 729, § 8; L.1970, c. 627, § 1, related to application of former article 7. 4. Please view the Albany County Department of Health's Rabies Clinic Schedule. Nothing contained in this section shall restrict the rights and powers derived from the provisions of title four of article twenty-one of the public health law relating to rabies and any rule and regulation adopted pursuant thereto. This responsibility may be delegated to others such as cities and towns, law enforcement agencies, animal shelters, or private nuisance control officers. Disposition of stray or unwanted dogs by municipality. Oct. 15, 2006; L.2010, c. 59, pt. 3. Repealed by L.2013, c. 553, § 1, eff. 4. Material misstatement in the license application. The department may adopt rules regulating the use of special dog training areas. Persons owning, possessing or harboring dangerous dogs shall report the presence of such dangerous dogs pursuant to section two hundred nine-cc of the general municipal law. Nov. 15, 2012; L.2014, c. 528, § 1, eff. Renumbered § 118 and amended L.2010, c. 59, pt. 501, or any subsequent corresponding sections of the federal Internal Revenue Code, as from time to time amended, that is registered with the department pursuant to section four hundred eight of this article. Be aware that the laws about your dog do vary from community to community. Our personal injury lawyers have helped thousands of New Yorkers understand their next steps following a serious injury. “Commissioner” shall mean the commissioner of agriculture and markets. Purchase of certain animals for scientific tests. Any person eligible for exemption from the definition of pet dealer pursuant to paragraph (c) of subdivision four of section four hundred of this article shall be registered by the department pursuant to the provisions of this section. “Dog” means any member of the species canis familiaris. 4 near you. Wildlife, except skunk, deer and bear, may be taken with the aid of a dog, provided, however, that the department is authorized to establish a training season during which only persons licensed by the department pursuant to section 11-0928 of this article may train tracking dogs on bear. The moneys received by the commissioner pursuant to this section shall be deposited in the "pet dealer licensing fund" established pursuant to section ninety-seven-rr of the state finance law. Notwithstanding the provisions of paragraph (a) of subdivision three of this section, no resident, otherwise qualified pursuant to such paragraph, shall be entitled to participate in the low cost spay/neuter program implemented by this section if the animal to be spayed or neutered: (a) was imported or caused to be imported from outside the state; (b) was adopted from an otherwise qualifying pound, shelter, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog or cat protective association which included the cost of a spaying or neutering procedure in the cost of the adoption. Jan. 1, 2011.). Learn Your Rights Regarding Dog Bite. 18. Nov. 15, 2012; L.2014, c. 528, § 2, eff. 2. A dog shall not be declared dangerous if the court determines the conduct of the dog (a) was justified because the threat, injury or damage was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or upon the property of the owner or custodian of the dog; (b) was justified because the injured, threatened or killed person was tormenting, abusing, assaulting or physically threatening the dog … Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal as defined in section three hundred fifty of this chapter, farm animal as defined in such section three hundred fifty, or a domestic animal as defined in subdivision seven of section one hundred eight of this article to a dog control officer or police officer of the appropriate municipality. § 353-b . License refusal, suspension, or revocation. (a) promulgate, after public hearing, such rules and regulations as are necessary to supplement and give full effect to the provisions of sections one hundred thirteen, one hundred fourteen and one hundred seventeen of this article; and. Amended L.1979, c. 189, § 1; L.1979, c. 491, § 1; L.1979, c. 707, § 2; L.1986, c. 404, §§ 2 to 4; L.1987, c. 619, § 2; L.1989, c. 158, § 1; L.1997, c. 530, § 2, eff. 3. “Detection dog” means any dog that is trained and is actually used for such purposes or is undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband. (Added L.2002, c. 680, § 1, eff. Any listing of costs in clinic announcements or advertisements must indicate that vaccinations are available free of charge, and that donations are optional. T, § 20, eff. (e) In the event an animal is returned to a pet dealer due to a congenital or hereditary condition, illness, or disease requiring veterinary care, the pet dealer shall, without undue delay, provide the animal with proper veterinary care. Violation of any provision of this article, is a civil offense, for which a penalty of not less than one hundred dollars and not more than one thousand dollars for each violation may be imposed. However, New York does have a statute for civil penalties. 3. (a) The breeder's and, if applicable, broker's name and address, if known, or if not known, the source of the dog. Renumbered § 120, L.2010, c. 59, pt. Renumbered § 111 and amended L.2010, c. 59, pt. 8. Such surcharges shall be submitted by municipalities to the commissioner. f. No wildlife shall be taken with an arrow with an explosive head or shaft, or with an arrow, dart or any device, propelled by any means, that is used for the purpose of injecting or delivering any type of drug into the blood system of such wildlife. (3) crossbows may be used but only by licensees who are fourteen years of age or older. It is hereby determined and declared that supervision by the state of the sale of dogs or cats by pet dealers is within the public interest and for the purpose of safeguarding the public and insuring the humane treatment of such animals by guaranteeing the good health of such dogs or cats in the course of such transactions, or providing other alternatives to the consumer. “Person with a disability” means any person with a disability as that term is defined in subdivision twenty-one of section two hundred ninety-two of the executive law. Funds expended by municipality for services. Each town and city, and each village in which licenses are issued shall, and any other village and any county may, establish and maintain a pound or shelter for dogs. Find top Albany County, NY Animal & Dog Bites lawyers and attorneys. If a drainage system is used it shall comply with federal, state, and local laws relating to pollution control. CREDIT(S) (Added L.2008, c. 182, § 1, eff. The commissioner by regulations shall prescribe a form for, and the content of, the certification that an animal is unfit for purchase, which shall be provided by an examining veterinarian to a consumer upon the examination of an animal which is subject to the provisions of this section. 5. Change of ownership; lost or stolen dog, [§ 114-a. “Pet Dealer” means any person who engages in the sale or offering for sale of more than nine animals per year for profit to the public. For animals eighteen months of age or older, such examination shall include a diagnosis of any congenital conditions that adversely affect the health of the animal. albany, NY > community events for sale gigs housing jobs resumes services > all apartments / housing for rent housing swap office & commercial parking & storage real estate - by broker real estate - by owner rooms & shares sublets & temporary vacation rentals wanted: apts wanted: real estate wanted: room/share wanted: sublet/temp housing > Under this legislation, if a municipality chooses to adopt a more stringent local law, enforcement of the new law will be the sole responsibility of the municipality. A violation of this section shall be punishable, subject to such an election, either: (a) where prosecuted pursuant to the penal law, by a fine of not less than twenty-five dollars, except that (i) where the person was found to have violated this section or former article seven of this chapter within the preceding five years, the fine may be not less than fifty dollars, and (ii) where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not less than one hundred dollars or imprisonment for not more than fifteen days, or both; or. L.1978, c. 220, § 1, eff. (Formerly § 121-b, added L.2007, c. 582, § 2, eff. 3. Amended L.1980, c. 714, § 5. In order to be eligible to participate in the animal population control program, and therefore, be entitled to the low-cost spay/neuter services provided for herein, an owner of a dog or cat shall be a resident of New York state and shall submit proof to the entity providing such services as follows: (a) in the form of an adoption agreement that their dog or cat was adopted from a pound, shelter maintained by or under contract or agreement with the state or any county, city, town, or village, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog or cat protective association; or. (e) The administrative entity shall perform such other tasks as may be reasonable and necessary for the administration of such fund. T, § 6, eff. R, § 23, eff. April 1, 2014.). Skip to main content. Upon such examination, if the consumer and the dealer are unable to reach an agreement which constitutes one of the options set forth in subdivision one of this section within ten business days following receipt of the animal for such examination, the consumer may initiate an action in a court of competent jurisdiction to recover or obtain such refund, exchange and/or reimbursement. Remedies which are otherwise available to persons authorized by law or fixed by regulation shall be groomed to... In full force and effect at the clinics mixed, the records shall in... Changes '' should be taken by the consumer other law used to take cottontail rabbits human! For 2022 of pet dealer or by cutting den trees Added L.1993, c. 220, §,. Subdivision one of this article shall apply to Associate attorney, Associate Counsel. Dog, § 4, eff be renewed on an annual basis primary or. The statement shall be observed each day by the use of ferrets, fitch-ferrets or fitch shall be established minimize... 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