Many Ulster County residents own dogs and cats. The Ulster County
Legislature finds that Ulster County residents feel a great deal of
affection for their dogs and cats and consider them to be a part of
their family and, accordingly, invest significant amounts of money
in their care and maintenance. Dogs and cats are made available to
the public from a number of different sources, including, but not
limited to, breeders, dealers, and pet sellers. The Legislature finds
that breeders, dealers, and pet sellers vary in their treatment of
cats and dogs and that some operate substandard commercial facilities
that expose dogs and cats to inhumane and unsafe living conditions.
The Legislature further finds that some breeders, dealers, and pet
sellers will sell animals that are unfit for sale due to, among other
things, diseases or congenital conditions. Therefore, the Legislature
deems that the regulation of breeders, dealers, and pet sellers is
necessary to protect the health, safety, and general welfare of Ulster
County residents.
As used in this article, the following terms shall have the
meanings indicated:
CLINICALLY ILL
An illness that is apparent to a veterinarian based on observation,
examination or testing of an animal or upon review of the medical
records relating to the animal.
COMMISSIONER
The Commissioner of the Ulster County Department of Health.
CONSUMER
Any individual purchasing an animal from a pet seller or
a residential breeder. A pet seller or a residential breeder shall
not be considered a consumer.
DEPARTMENT
The Ulster County Department of Health.
DOG DEALER
Any person who:
A.
Sells dogs belonging to such person that he or she has not bred
on his or her own premises to a pet seller in Ulster County for resale
to a consumer; or
B.
Transfers dogs belonging to another to a pet seller in Ulster
County for any type of consideration, fee, commission or percentage
of sales price.
DOG SOURCE BREEDER
Any person who sells dogs he or she has bred on his or her
own premises for resale by a dog dealer or pet seller in Ulster County.
HOUSING FACILITY
A structure that provides animals with shelter, protection
from the elements and protection from extremes of temperature. A housing
facility may contain primary enclosures as defined in this section.
NONELECTIVE SURGICAL PROCEDURE
A surgical procedure that is necessary to preserve or restore
the health of an animal, to prevent an animal from experiencing pain
or discomfort, or to correct a condition that would interfere with
an animal's ability to walk, run, jump or otherwise function in a
normal manner.
PERSON
Any individual, corporation, partnership, association, municipality
or other legal entity.
PET SELLER
Any person in Ulster County who engages in the sale or offering
for sale of nine or more dogs or cats per calendar year or who breeds
more than two litters of dogs or cats per calendar year for sale to
the public for profit. This definition shall not include a residential
breeder; nor shall this definition include duly incorporated humane
societies or animal protective associations dedicated to the care
of unwanted animals which make such animals available for adoption,
whether or not a fee is charged for such adoption.
PRIMARY ENCLOSURE
A structure that restricts an animal's ability to move in
a limited amount of space, most commonly a cage, kennel, room or other
enclosed compartment.
RESIDENTIAL BREEDER
A breeder who sells or offers to sell directly to a consumer
animals that are born and raised on the breeder's primary residential
premises and shall not be considered a pet seller as a result of selling
or offering to sell such animals.
Nothing in this article shall be construed to limit or restrict
the police, agents, or officers of Societies for the Prevention of
Cruelty to Animals from enforcing Article 26 of the Agriculture and
Markets Law or any other law relating to the humane treatment of or
cruelty to animals.
If any clause, sentence, paragraph, section, subdivision or
other part of this article or its applications shall be adjudged by
a court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or otherwise invalidate
the remainder of this article, which shall remain in full force and
effect except as limited by such order or judgment.