[Adopted 7-18-2014 by L.L. No. 2-2014]
The purpose of this article is to promote the health, safety
and welfare of the public by ensuring that prior to dogs and cats
being sold as pets in Albany County they are raised and maintained
in a safe and healthy manner. Regulation of businesses selling dogs
and cats is in the public interest because residents of Albany County
invest so much financially and emotionally in their companion animals.
Ensuring that these animals are healthy will promote the health, safety
and welfare of the public by ensuring that pets purchased in Albany
County do not expose their owners to health risks. This measure further
serves the public good by helping to reduce the burden on Albany County
taxpayers who bear the cost of housing and euthanizing unwanted pets
that are surrendered to County shelters.
As used in this article, the following terms shall have the
meanings indicated:
A dog or a cat.
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.
The Commissioner of the Albany County Department of General
Services.
Any individual purchasing an animal from a pet seller. A
pet seller shall not be considered a consumer.
The Albany County Department of General Services.
Any person who:
Any person who sells dogs he/she has bred on his/her own
premises for resale by a dog dealer or pet seller in Albany County.
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.
A surgical procedure that is necessary to preserve or restore
the health of the 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.
Any individual, corporation, partnership, association, municipality
or other legal entity.
Any person in Albany County who engages in the sale or offering
for sale of more than nine dogs or cats per year to the public for
profit. This definition includes breeders who sell or offer to sell
dogs or cats to the public for profit, provided that a breeder who
sells or offers to sell for profit fewer than 16 dogs or cats per
year that are born and raised on the breeder's residential premises
shall not be considered a pet seller as a result of selling or offering
for sale such dogs or cats. This definition shall also not 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.
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.
A.
It is unlawful for any pet seller to display, offer for sale, sell,
barter or exchange for nominal consideration any dog or cat within
the County of Albany without first obtaining a permit from the Commissioner.
B.
The Commissioner shall issue permits to pet sellers only upon proof
that the animals displayed, offered for sale or sold by such sellers
are raised and maintained in a safe and healthy manner.
C.
For purposes of this article, a dog or cat is raised and maintained
in a safe and healthy manner when:
A.
No person shall operate as a pet seller in Albany County unless such
person holds a permit issued by the Commissioner. A pet seller in
operation as a pet seller on or before the effective date of this
article, who has filed an application for an initial permit under
this article, shall be authorized to operate without such permit until
the Commissioner grants or, after notice and opportunity to be heard,
declines to grant such permit. Each application for a permit shall
be made on a form supplied by the Department and shall contain such
information as may be required by the Department. Renewal applications
shall be submitted to the Commissioner at least 30 days prior to the
commencement of the next permit year.
B.
The Commissioner may delegate his/her authority pursuant to this
section to issue pet seller permits to a not-for-profit animal protective
organization duly incorporated in the State of New York. Such delegation
shall be made pursuant to an agreement entered into by the County
and such corporation.
C.
Each application for a permit shall be accompanied by a nonrefundable
fee in an amount set from time to time by the Albany County Legislature.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Where the authority to issue pet seller permits is delegated to a
duly incorporated animal welfare organization, that corporation shall,
on or before the fifth day of each month, remit to the Commissioner
100% of all permit fees collected during the preceding month. The
remittance shall be accompanied by a report of permit sales made during
such month. All permit fees so remitted shall be the property of the
County of Albany and shall be used solely for the purpose of carrying
out and enforcing the provisions of this article. Costs incurred in
enforcing the provisions of this article by a duly incorporated animal
welfare organization may be defrayed by the Commissioner pursuant
to rules promulgated by the Commissioner for that purpose.
E.
Proof to the satisfaction of the Commissioner of compliance with
the requirements of this article and with other applicable provisions
of this article shall precede issuance of a pet seller permit.
F.
Upon validation by the Commissioner or the duly incorporated animal
welfare organization authorized under this section to issue pet seller
permits, the application shall become the permit of the pet seller.
G.
The Commissioner shall provide a copy of the permit to the pet seller.
The Commissioner shall retain a copy of the permit. If the Commissioner
has delegated the permitting requirement to a duly incorporated animal
welfare organization, that organization shall provide a copy of the
permit to the pet seller and a copy to the Commissioner. The County
of Albany shall retain a copy of the permit in its own records.
H.
No pet seller shall publish or advertise the sale or availability
of any dog or cat unless the publication or advertisement is accompanied
by the pet seller's permit number. Notwithstanding the foregoing,
a pet seller in operation on or before the effective date of this
section, who has filed an application for an initial permit under
this article, may publish or advertise the sale or availability of
any dog or cat without the publication or advertisement being accompanied
by the pet seller's permit number until the Commissioner grants or,
after notice and opportunity to be heard, declines to grant such permit.
I.
Such permit shall be renewable annually, together with payment of the nonrefundable fees prescribed in Subsection C of this section.
J.
Pet sellers shall conspicuously display their permits on the premises
where the animals are kept for sale so that they can be seen by potential
consumers.
A.
Convictions. The Commissioner shall not issue or renew, and shall suspend or revoke a pet seller permit issued pursuant to § 110-22 of this article based on a conviction of a violation of any provision of Article 26 of the Agriculture and Markets Law or regulations promulgated thereunder pertaining to the humane treatment of animals, cruelty to animals, endangering the life or welfare of an animal, or violation of federal, state or local law pertaining to the care, treatment, sale, possession or handling of animals or any regulation or rule promulgated pursuant thereto relating to the endangerment of the life or health of an animal.
B.
Outstanding fines or penalties. The Commissioner shall not issue
or renew a permit unless there are no unpaid or outstanding fines,
penalties or forfeitures imposed by the Commissioner for violations
of this article or other applicable laws pertaining to the treatment
of animals.
C.
Outstanding uncorrected violations. The Commissioner shall not issue
a new permit to any pet seller which has outstanding uncorrected violations
of this article.
D.
The Commissioner may decline to grant or renew, or may suspend or
revoke a pet seller permit based on the following grounds:
(1)
Material misstatement in the permit application; or
(2)
Material misstatement in or falsification of records required to
be kept pursuant to this article, or under any regulation promulgated
thereunder; or
(3)
Failure to allow the Commissioner or his/her authorized agents to
inspect records or pet seller facilities.
E.
The acceptance of an application and fee for a new permit shall not
prevent the Commissioner from taking any action that he/she deems
necessary, including, but not limited to, denial of a permit if departmental
or other investigation or pre-permit inspection discloses conditions
or circumstances indicating that a new permit should not be issued.
If a new permit is denied, the application fee shall not be refunded.
F.
Before any pet seller permit shall be suspended or revoked, the Commissioner,
or any hearing officer he/she may designate, shall hold a hearing
upon due notice to the permit holder in accordance with regulations
promulgated by the Department.
G.
Any action of the Commissioner shall be subject to judicial review
in a proceeding under Article 78 of the Civil Practice Law and Rules.
The provisions of this article may be enforced concurrently
by the Department and by any duly incorporated animal welfare organization
to which the County has delegated the Commissioner's permitting and/or
inspection authority.
A.
The Commissioner or his/her authorized agents shall, at a minimum,
make yearly inspections of pet seller facilities to ensure compliance
with the provisions of this article, except for those pet sellers
who engage in the sale or offering for sale of fewer than 16 dogs
or cats in a year, in which case inspections shall be made, in the
discretion of the Commissioner or his/her authorized agents, whenever
a complaint warrants such investigation.
B.
The Commissioner may, pursuant to an agreement entered into with
a duly incorporated not-for-profit animal welfare organization, delegate
to such organization the authority to conduct inspections of pet sellers
and to respond to complaints concerning pet sellers made to the Commissioner.
C.
Any person conducting an inspection of a pet seller or responding
to a complaint concerning a pet seller shall be specifically trained
in the proper care of cats and dogs and in the investigation and identification
of animal cruelty. The Commissioner may promulgate regulations governing
the form and content of such training.
Pet sellers shall comply with the following minimum standards
of care for every dog or cat in their custody or possession.
A.
Housing.
(1)
Except where dogs or cats are permitted to roam freely inside a pet
seller's residential premises, animals shall be housed in primary
enclosures or cages that are structurally sound and maintained in
good repair so as to prevent the dog or cat from escaping from the
enclosure and protect it from injury. Surfaces shall have an impervious
surface which does not permit absorption of fluids and which can be
thoroughly and repeatedly cleaned and disinfected without deteriorating
or retaining odors.
(2)
Primary enclosures or cages housing animals shall provide sufficient
space to allow each animal adequate freedom of movement to make normal
postural adjustments, including the ability to stand up, turn around
and lie down with its limbs outstretched. If the flooring is constructed
of metal strands, such strands must be greater than one-eighth inch
in diameter (nine-gauge) and be coated with a material such as plastic
or fiberglass, and shall be constructed so as not to allow passage
of any part of an animal's foot through any opening on the floor of
the enclosure. The flooring must be in good repair and must not sag
or bend between structural supports.
(3)
Housing facilities shall be adequately ventilated at all times to
provide for the health and well-being of the animal. Ventilation shall
be provided by natural or mechanical means, such as windows, vents,
fans or air conditioners. Ventilation shall be established to minimize
drafts, odors, ammonia levels and moisture condensation.
(4)
The temperature surrounding the animal shall be compatible with its
health and well-being. Temperature shall be regulated by heating and
cooling to sufficiently protect each animal from extremes of temperature
and humidity, and the ambient temperature shall not fall below 50°
F. or rise above 85° F. Shade from sunlight shall be provided
by natural or artificial means.
(5)
Indoor facilities housing animals shall have adequate lighting sufficient
to permit routine inspection and cleaning and shall be arranged so
that each animal is protected from excessive illumination that poses
a health hazard to the animal. Animal areas must be provided with
regular diurnal light cycle of either natural or artificial light.
(6)
The indoor and outdoor facilities housing the dog or cat, including
the primary enclosure or cage, shall be kept in a clean and sanitary
condition in order to provide animals with a safe and healthy living
environment. They shall be designed to allow for efficient elimination
of waste and water in order to keep the animal dry and prevent it
from coming into contact with these substances. If drains are used,
they shall be constructed in a manner to minimize foul odors and backup
of sewage. If a drainage system is used, it shall comply with federal,
state and local laws relating to pollution control.
(7)
In the event that a pet seller has a pregnant or nursing dog on his/her
premises, the pet seller shall provide a whelping box for such dog.
Each nursing dog shall be provided with an additional amount of floor
space, based on her breed and behavioral characteristics in accordance
with generally accepted husbandry practices as determined by a licensed
veterinarian. If the amount of floor space is less than 5% of the
minimum space requirement for the nursing dog, the amount of floor
space must be approved in writing by a licensed veterinarian and kept
in the seller's records.
(8)
Pet sellers shall designate and provide an isolation area for animals
that exhibit symptoms of or are known to be harboring a contagious
disease or illness. This designated area must be in a location that
prevents or reduces the spread of disease or illness to healthy animals
and must otherwise meet all housing requirements of this section.
B.
Sanitation.
(1)
Housing facilities and primary enclosures contained within those
facilities shall be kept in a clean and sanitary condition in order
to maintain a safe and healthy environment for the animal. This shall
include removing and destroying, where appropriate, any agents injurious
to the animals and periodic cleanings.
(2)
Primary enclosures must be cleaned daily and sanitized at least once
every two weeks using one of the following methods:
(a)
Live steam under pressure;
(b)
Washing with water with a temperature of at least 180° F.
and soap or detergent;
(c)
Washing all soiled surfaces with appropriate detergent solutions
and disinfectant or by using a combination detergent or disinfectant
product that accomplishes the same purpose with a thorough cleaning
of the surfaces to remove excreta, feces, hair, dirt, debris and food
waste so as to remove all organic and mineral buildup and to provide
sanitization, followed by a clean water rinse.
(3)
Under no circumstances shall a dog or cat remain inside the primary
enclosure or cage while it is being cleaned with live steam, sterilizing
agents or agents toxic to the animal or cleaned in a manner likely
to threaten the health and safety of the animal.
(4)
Trash and waste products on the premises shall be properly contained
and disposed of so as to minimize the risks of disease, contamination
and vermin.
C.
Feeding and watering.
(1)
Animals shall be provided with wholesome and palatable food, free
from contamination and of nutritional value sufficient to maintain
each animal in good health.
(2)
Dogs and cats shall be adequately fed at intervals not to exceed
12 hours or at least twice in any twenty-four-hour period in quantities
appropriate for the animal's species and age, unless determined otherwise
by and under the direct supervision of a duly licensed veterinarian.
(3)
Sanitary food receptacles shall be provided in sufficient number,
of adequate size and located so as to enable each animal in the cage
or primary enclosure to be supplied with an adequate amount of food.
(4)
Animals shall be provided with constant access to clean, fresh water,
supplied in a sanitary manner sufficient for its needs, except where
there are instructions from a duly licensed veterinarian to withhold
water for medical reasons.
D.
Handling. Each dog or cat shall be handled in a humane manner so
as not to cause the animal physical injury or harm or undue stress.
E.
Veterinary care.
(1)
Any pet seller operating with a permit pursuant to this article shall
designate an attending veterinarian, who shall provide veterinary
care to the pet seller's animals which shall include a written program
of veterinary care and regular visits to the pet seller's premises.
Such program of veterinary care shall include:
(a)
The availability of appropriate facilities, personnel, equipment
and services to comply with the provisions of this article;
(b)
The use of methods determined to be appropriate by the attending
veterinarian to prevent, control and respond to diseases and injuries,
and the availability of emergency, weekend and holiday care;
(c)
Daily observation of all animals to assess their health and well-being; provided, however, that daily observation of animals may be accomplished by someone other than the attending veterinarian who has received the guidance identified in Subsection E(1)(d); and provided, further, that a mechanism of direct and frequent communication is required so that timely and accurate information on problems of animal health, behavior and well-being is conveyed to the attending veterinarian;
(d)
Adequate guidance to personnel involved in the care (and use)
of animals regarding handling and immobilization;
(e)
Pre-procedural and post-procedural care in accordance with established
veterinary medical and nursing procedures; and
(f)
In the case of breeders who sell or offer to sell 16 or more
dogs or cats per year to the public for profit that are born and raised
on the breeder's residential premises, annual veterinary examinations,
at a minimum, for all intact adult dogs or cats on such breeder's
premises.
(2)
All dogs and cats shall be inoculated as required by state or local
law. Veterinary care appropriate to the species shall be provided
as necessary and without undue delay. Each animal shall be observed
each day by the pet seller or by a person working under the pet seller's
supervision.
(3)
Within five business days of receipt, but prior to sale of any dog, the pet seller shall have a duly licensed veterinarian conduct an examination and tests appropriate to the age and breed to determine if the animal has any medical conditions apparent at the time of the examination that adversely affects the health of the animal. For animals 18 months of age or older, such examination shall include diagnosis of any congenital conditions that adversely affect the health of the animal. Any animal diagnosed with a contagious disease shall be treated and caged separately from other animals in the isolation area required in Subsection A(8) of this section.
(4)
If an animal suffers from a congenital or hereditary condition, disease
or illness which, in the professional opinion of the dog seller's
veterinarian, requires euthanasia, the veterinarian shall humanely
euthanize the dog without undue delay.
(5)
In the event that an animal is returned to a pet seller due to congenital
or hereditary condition, illness or disease requiring veterinary care,
the pet seller shall, without undue delay, provide the animal with
proper veterinary care.
F.
Humane euthanasia. Humane euthanasia of an animal shall be carried
out only by a veterinarian duly licensed in the State of New York
and in accordance with New York State Agriculture and Markets Law
§ 374.
G.
Exercise requirements. Pet sellers shall develop, maintain, document
and implement an appropriate plan to provide dogs with the opportunity
for daily exercise. In developing such plan, consideration should
be given to providing positive physical contact with people that encourages
exercise through play or other similar activities. Such written plan
shall be approved by the attending veterinarian and shall be provided
to the Department annually and in accordance with any regulations
it may promulgate.
H.
Fire safety. All pet seller premises must be equipped with a smoke
alarm that is operating properly and must have a means of fire suppression,
such as fire extinguishers on the premises and in good repair. Pet
sellers, except those who maintain dog or cats solely on residential
premises, must also have an automatic means of fire suppression, such
as a sprinkler system, on the premises and in good repair.
I.
Grooming. All dogs and cats shall be groomed regularly to prevent
excessive matting of fur, overgrown toenails and flea and tick infestation.
A.
Sale of animals; unfit-for-purchase provisions.
(1)
If, within 14 business days following the sale of an animal subject to this article or receipt of the information statement required by Subsection B of this section, whichever occurred last, a veterinarian of the consumer's choosing, licensed by a state, certifies such animal to be unfit for purchase due to illness, congenital malformation which adversely affects the health of the animal, or the presence of symptoms of a contagious or infectious disease, or if, within 180 calendar days following such sale or receipt, whichever occurred last, a veterinarian of the consumer's choosing, licensed by a state, certifies such animal to be unfit for purchase due to a congenital malformation which adversely affects the health of the animal, the pet seller shall afford the consumer the right to choose one of the following options:
(a)
The right to return the animal and receive a refund of the purchase
price, including sales tax and reasonable veterinary costs directly
related to the veterinarian's certification that the animal is unfit
for purchase pursuant to this section;
(b)
The right to return the animal and to receive an exchange animal
of the consumer's choice of equivalent value and reasonable veterinary
costs directly related to the veterinarian's certification that the
animal is unfit for purchase pursuant to this section; or
(c)
The right to retain the animal and to receive reimbursement
from the pet seller for veterinary services from a licensed veterinarian
of the consumer's choosing, for the purpose of curing or attempting
to cure the animal. The reasonable value of reimbursable services
rendered to cure or attempting to cure the animal shall not exceed
the purchase price of the animal. The value of such services shall
be reasonably comparable to the value of similar services rendered
by other licensed veterinarians in proximity to the treating veterinarian.
Such reimbursement shall not include the costs of initial veterinary
examination fees and diagnostic fees not directly related to the veterinarian's
certification that the animal is unfit for purchase pursuant to this
section.
(2)
No pet seller shall knowingly sell an animal that has a diagnosed
congenital condition or contagious disease that adversely affects
the health of the animal without first informing the consumer, in
writing, of such condition.
(3)
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. Such form shall include, but not be limited to, information which identifies the type of animal, the owner, the date and diagnosis of the animal and the treatment recommended, if any, and an estimate or the actual cost of such treatment. Such form shall also include the information statement prescribed by Subsection B of this section.
(4)
The Commissioner, by regulations, shall prescribe information which
shall be provided in writing by the pet seller to the consumer upon
the sale of the animal. Such information shall include, but not be
limited to, a description, including breed of the animal, the date
of purchase, the name, address and telephone number of the consumer
and the amount of the purchase. The pet seller shall certify such
information by signing the document in which it is contained.
(5)
The refund and/or reimbursement required by Subsection A(1) of this section shall be made by the pet seller not later than 10 business days following receipt of a signed veterinary certification herein required. Such certification shall be presented to the pet seller not later than three business days following receipt thereof by the consumer.
(6)
Every pet seller who sells an animal required to be vaccinated against
rabies, pursuant to Public Health Law § 2141, to a consumer
shall provide the consumer at point of sale with a written notice
provided by the Department summarizing rabies immunization requirements.
(7)
A veterinary finding of intestinal parasites shall not be grounds
for declaring an animal unfit for sale unless the animal is clinically
ill due to such condition. An animal may not be found unfit for sale
on account of an injury sustained or illness contracted subsequent
to the consumer taking possession thereof.
(8)
In the event that a pet seller wishes to contest a demand for refund, exchange or reimbursement made by a consumer pursuant to this section, such seller shall have the right to require the consumer to produce the animal for examination by a licensed veterinarian designated by such seller. Upon such examination, if the consumer and the seller are unable to reach an agreement which constitutes one of the options set forth in Subsection A(1) of this section within 10 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 or reimbursement.
(9)
Nothing in this section shall in any way limit the rights or remedies
which are otherwise available to a consumer under any other law.
B.
Information statement to purchaser.
(1)
Every
pet seller shall deliver to the purchaser of an animal, at the time
of sale, a written statement in a standardized form prescribed by
the Commissioner containing the following information:
(a)
For cats:
[1]
The breeder's and, if applicable, broker's name and address,
if known, or if not known, the source of the cat. If the person from
whom the cat was obtained is a dealer licensed by the United States
Department of Agriculture, the person's name, address and federal
identification number;
[2]
The date of the cat's birth, unless unknown because of the source
of the cat, the date the pet seller received the cat and the location
where the cat was received;
[3]
A record of immunizations and worming treatments administered,
if any, to the cat as of the time of sale while the cat was in the
possession of the pet seller, including dates of administration and
the types of vaccines or worming treatments administered;
[4]
A record of any known disease, sickness or congenital condition
that adversely affects the health of the cat at the time of sale;
[5]
A record of any veterinary treatment or medication received
by the cat while in the possession of the pet seller and either of
the following:
[b]
A record of any known congenital or hereditary
condition, disease or illness that adversely affects the health of
the cat at the time of sale, along with a statement signed by a licensed
veterinarian that authorized the sale of the cat, recommends necessary
treatment, if any, and verifies that the condition, disease or illness
does not require hospitalization or nonelective surgical procedures,
and is not likely to require hospitalization or nonelective surgical
procedures in the future. A veterinarian statement is not required
for intestinal or external parasites unless their presence makes the
cat clinically ill or is likely to make the cat clinically ill. The
statement should be valid for 14 business days following examination
of the cat by the veterinarian.
(b)
For dogs:
[1]
The breeder's and, if applicable, broker's name and address,
if known, and if not known, the source of the dog. If the person from
whom the dog was obtained is a dealer licensed by the United States
Department of Agriculture, the person's name, address and federal
identification number;
[2]
The date of the dog's birth and the date and location where
the pet seller received the dog. If the dog is not advertised or sold
as a purebred, registered or registerable, the date of birth may be
approximated if not known by the seller;
[3]
The breed, sex, color and identifying marks at the time of sale.
If the dog is from a United States Department of Agriculture licensed
source, the individual identifying tag, tattoo or collar number for
that animal. If the breed is unknown or mixed, the record shall so
indicate. If the dog is being sold as being capable of registration,
the names and registration numbers of the sire and dam, and the litter
number, if known;
[4]
A record of inoculations and worming treatments administered,
if any, to the dog as of the time of sale while the dog was in the
possession or the pet seller, including dates of administration and
the type of vaccines and/or worming treatments administered;
[5]
A record of any veterinary treatment or medication received
by the dog while in the possession of the pet seller and either of
the following:
[b]
A record of any known congenital or hereditary
condition, disease or illness that adversely affects the health of
the dog at the time of sale, along with a statement signed by a licensed
veterinarian that authorizes the sale of the dog, recommends necessary
treatment, if any, and verifies that the condition, disease or illness
does not require hospitalization or nonelective surgical procedures,
and is not likely to require hospitalization or nonelective surgical
procedures in the future. A veterinarian statement is not required
for intestinal or external parasites unless their presence makes the
dog clinically ill or is likely to make the dog clinically ill. The
statement shall be valid for 14 business days following examination
of the dog by the veterinarian.
[6]
Notification that dogs residing in New York State must be licensed,
and that a license may be obtained from the municipality in which
the purchaser resides.
(c)
A disclosure made pursuant to Subsection B(1)(a) or (b) of this section shall be signed by both the pet seller certifying the accuracy of the statement and the purchaser acknowledging receipt of the statement. At the time of sale, each pet seller shall provide the purchaser with information on the value of spaying and neutering of dogs and cats.
(d)
Every pet seller shall post conspicuously, within close proximity
to the primary enclosures of dogs and cats offered for sale, a notice
containing the following language in 100-point type: "Information
on the source of these dogs and cats and the veterinary treatment
received by these dogs and cats is available for review by prospective
purchasers."
C.
Animal pedigree registration.
(1)
Representation regarding animal's pedigree registration.
(a)
Any pet seller who states, promises or represents that an animal
is registered or is capable of registration with an animal pedigree
registry organization shall provide the purchaser with the appropriate
documents necessary for such registration within 120 days following
sale of the animal. If the purchaser notifies the pet seller in writing
on or before such time that he/she has not received the appropriate
registration documents, the pet seller shall have, in addition to
the 120 days, 60 more days in which to provide the appropriate documents.
(b)
If a pet seller fails to provide documents as required under Subsection C(1)(a), the purchaser, upon written notice to the pet seller, may keep the animal and receive a partial refund of 75% of the purchase price, in which event the pet seller shall not be required to provide registration documents. Acceptance by the purchaser of appropriate registration documents, whether or not within the time periods set forth in Subsection C(1)(a), shall be deemed a waiver of the right to a partial refund pursuant to this subsection.
(2)
Registration notice; disclosure statement.
(a)
A pet seller that sells animals registered or registerable with
a pedigree registry shall post conspicuously within close proximity
to those animals a notice that states: "Pedigree registration means
that the particular registry maintains information on the parentage
and identity of the animal."
(b)
For every animal sold by a pet seller that is sold with the
representation that the animal is registered or able to be registered
with an animal pedigree registry organization, the following fully
completed disclosure shall be made by the pet seller in writing on
a sheet separate from any other statement in substantially the following
form: "Disclosure of animal pedigree registration: Description of
animal; The animal you are purchasing is registered/qualified to be
registered (circle one) with the (enter name of registry). Registration
means that (enter name of registry) maintains information regarding
parentage and identity of this animal. Persons buying animals represented
by a pet seller as being qualified to be registered are entitled to
papers necessary to effect such registration within 120 days of purchase.
Failure to provide such papers entitles the purchaser to remedies
under law. However, if the purchaser notifies the pet seller within
the 120-day period that he/she has not received such papers, the pet
seller shall have an additional 60 days commencing at the end of the
120-day period in which to provide the documents. Acknowledged; Date:
Purchaser's Signature."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
The disclosure shall be signed and dated by the purchaser of
the animal, acknowledging receipt of a copy of the statement. The
pet seller shall retain a copy of the signed disclosure.
A.
Each pet seller shall keep and maintain records for each dog or cat
purchased, acquired, held, sold or otherwise disposed of. The records
shall include the following:
(1)
The name and address of the person from whom each dog or cat was
acquired. If the person from whom the animal was obtained is a dealer
licensed by the United States Department of Agriculture, the person's
name, address and federal dealer identification number. If the person
is a pet dealer licensed by New York State pursuant to Article 26-A
of the Agriculture and Markets Law, the dealer's name, address and
state dealer identification number. If the person is a pet seller
licensed by this article, the pet seller's name, address and permit
number. If the person is a breeder, the breeder's name, address, and,
if applicable, USDA license number;
(2)
In the case of cats, if a cat is placed in the custody or possession
of a pet seller and the source of origin is unknown, the pet seller
shall state that the source of origin is unknown, accompanied by the
date, time and location of receipt;
(3)
The original source of the animal if different than the person recorded in Subsection A(1) of this section;
(4)
The date each dog or cat was acquired;
(5)
A description of each animal showing age, color, markings, sex, breed
and any inoculation, worming or other veterinary treatment or medication
information available. Records shall also include any other significant
identification, if known, for each animal, including official tag
number, tattoo or (implant) microchip;
(6)
The name and address of the person to whom the animal is sold, given
or bartered or to whom it is otherwise transferred or delivered. The
records shall indicate the date and method of disposition.
B.
Notwithstanding the provisions of Subsection A of this section, no pet seller shall knowingly buy, sell, exhibit, transport or offer for sale, exhibition or transportation any stolen dog or cat. No pet seller shall knowingly sell any dog or cat younger than eight weeks of age.
C.
Records for each animal shall be maintained for a period of two years
from the date of sale or transfer, whichever occurs later. During
normal business hours, the records shall be made available to persons
authorized by law to enforce the provisions of this article.
A.
It shall be unlawful for any pet seller in Albany County to knowingly
import, offer for sale, sell or barter any dog from a source breeder
that does not comply with the standards of care enumerated in this
article.
B.
Dog dealers and source breeders who supply dogs directly to pet sellers shall provide a written certification to such pet sellers that the dogs it provides to them have been obtained from source breeders where they have been raised and maintained in a "safe and healthy manner" as prescribed by § 110-30 of this article.
C.
The Commissioner shall establish a written form for the certification required by this section, which will, at minimum, include the name, legal address, contact information for the dog dealer, if applicable, and source breeder along with the requirement for a sworn statement attesting that the source breeder is in compliance with the standards prescribed in § 110-30 of this article.
D.
Pet sellers shall provide purchasers with a copy of this certification
at the point of sale and shall file the written certification required
by this section with the Commissioner on a semi-annual basis and in
accordance with any rules promulgated by the Commissioner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Dog source breeders shall comply with the following minimum
standards of care:
A.
Food and water.
(1)
All dogs must be provided with adequate food that is clean and free
from contaminants at intervals not to exceed 12 hours or at least
twice in any twenty-four-hour period unless directed otherwise by
a duly licensed veterinarian.
(2)
All dogs must be provided with potable water at all times, unless
directed otherwise in writing by a duly licensed veterinarian. Such
special instructions concerning food or water shall be kept in the
dog source breeder's records for the dog.
B.
Housing.
(1)
Except where dogs are permitted to roam freely inside the breeder's
residential premises, dogs shall be kept in primary enclosures that
are designed and constructed to be structurally sound and that are
kept in good repair.
(2)
Primary enclosures for dogs shall:
(a)
Have no sharp points or edges that could injure dogs;
(b)
Be maintained in a manner to protect dogs from injury;
(c)
If not fully enclosed on the top, be of a height sufficient
to prevent the dog from climbing over the walls of the enclosure;
(d)
Keep animals from entering the enclosure;
(e)
Enable dogs to remain dry and clean;
(f)
Provide shelter and protection from temperatures and weather
conditions that may be uncomfortable or hazardous to any dog;
(g)
Provide sufficient space to shelter all dogs housed in the primary
enclosure at one time;
(h)
Provide potable water at all times, unless otherwise directed
by a veterinarian in writing, which shall be kept in the dog source
breeder's records;
C.
Space.
(1)
Primary enclosures shall provide enough space to allow each dog to
turn about freely and to stand, sit and lie in a normal position.
All dogs in the enclosure must be able to lie down while fully extended
without the dog's head, legs, face or feet touching any side of the
enclosure or another dog. The interior height of a primary enclosure
shall be at least six inches higher than the head of the tallest dog
in the enclosure when it is in a normal standing position.
(2)
All dogs over 12 weeks of age housed in primary enclosures must be
provided with a minimum amount of floor space in the primary enclosure,
calculated as follows: Find the mathematical square of the sum of
the length of dog in inches, measured in a straight line from the
tip of its nose to the base of its tail plus six inches, then divide
the product by 144, then multiply by two. The calculation is: (length
of dog in inches +6) equals required floor space in square inches.
Required floor space in inches/144 times 2 equals required floor space
in square feet. For a second dog placed in the primary enclosure the
minimum floor space shall be doubled. The floor space shall be calculated
using the longest dog. For each dog above two, the minimum floor space
shall be multiplied by 1.5 per additional dog.
(3)
For dogs over 12 weeks of age, primary enclosures must be placed
no higher than 30 inches above the floor of the housing facility and
may not be placed over or stacked on top of another cage or primary
enclosure.
(4)
For dogs 12 weeks of age or younger, primary enclosures shall not
be stacked more than two rows high, and the bottom of the uppermost
primary enclosure may not be more than 4 1/2 feet off the housing
facility floor. Where the primary enclosures are stacked, a tray or
other device that will prevent urine, feces and other debris from
passing into or being discharged into the underlying primary enclosure
shall be placed under the primary enclosure. The trap or other device
must be impermeable to water and capable of being easily sanitized.
(5)
All housing facilities shall be equipped with a smoke alarm and shall
have a means of fire suppression, such as fire extinguishers or a
sprinkler system on premises.
D.
Sanitation.
(1)
Excreta, feces, hair, dirt, debris and food waste must be removed
from primary enclosures at least daily or more often if necessary
to prevent an accumulation of excreta, feces, hair, dirt, debris and
food waste to prevent soiling of dogs contained in the primary enclosures
and to reduce the risk of disease, insects, pests and odors.
(2)
Used primary enclosures and food and water receptacles for dogs must be cleaned and sanitized in accordance with Subsection D(4) of this section before they can be used to house, feed or water another dog or group of dogs.
(3)
Used primary enclosures and food and water receptacles must be sanitized at least once every two weeks using one of the methods prescribed in Subsection D(4) of this section and more often if necessary to prevent an accumulation of excreta, feces, hair, dirt, debris, food waste and other disease hazards.
(4)
Hard surfaces of primary enclosures and food and water receptacles
must be sanitized using one of the following methods:
(a)
Live steam under pressure;
(b)
Washing with water with a temperature of at least 180° F.
and soap or detergent, as with a mechanical cage washer; or
(c)
Washing all soiled surfaces with appropriate detergent solutions
and disinfectant or by using a combination detergent or disinfection
product that accomplishes the same purpose with a thorough cleaning
of the surfaces to remove excreta, feces, hair, dirt, debris and food
waste so as to remove all organic material and mineral buildup and
to provide sanitization followed by a clean water rinse.
(5)
All dogs must be removed from the primary enclosure when it is being
sanitized in accordance with the provisions of this subsection.
(6)
Primary enclosures, exercise areas and housing facilities using material that cannot be sanitized using methods delineated in Subsection D(4) of this section must be made sanitary by removing contaminated material as necessary to prevent odors, diseases, pests, insects and vermin infestation.
(7)
Premises where primary enclosures are located, including buildings
and surrounding grounds, must be kept clean and in good repair to
protect dogs from injury, to facilitate healthy husbandry practices
and to reduce or eliminate breeding and living areas for rodents and
other pests and vermin. Premises must be kept free of accumulations
of trash, junk, waste products and discarded matter. Weeds, grass
and bushes must be controlled so as to facilitate cleaning of the
premises and pest control and to protect the health and well-being
of the dogs.
(8)
An effective program for the control of insects, external parasites
affecting dogs or pests must be established and maintained so as to
promote the health and well-being of the dogs and reduce contamination
by pests in housing facilities.
(9)
The floors and walls of primary enclosures must be impervious to
moisture. The ceiling of indoor housing facilities must be impervious
to moisture or be replaceable.
E.
Flooring.
(1)
Flooring in all primary enclosures must be constructed in a manner
that protects the dogs' feet and legs from injury. The floor must
not permit any part of the foot of a dog housed in the enclosure to
pass through any opening.
(2)
For dogs over 12 weeks of age, the floor of the primary enclosure
must be strong enough so that it does not sag or bend between structural
supports and so that it cannot be destroyed through digging or chewed
by the dogs housed in the primary enclosure. The floor shall not permit
the feet of any dog housed in the primary enclosure to pass through
any opening and shall not be made of metal strand, whether or not
it is coated. It must allow for moderate drainage of fluids and it
must not be sloped more than 0.25 inch per foot.
(3)
Flooring constructed of slats shall be acceptable, provided that
all of the following conditions are met:
(a)
The flooring is flat;
(b)
Spaces between slats run the length or width of the floor, but
not both;
(c)
Slats are no less than 3.5 inches in width;
(d)
The floor has spaces between the slats that are no more than
0.5 inch in width; and
(e)
Each slat is level with the slat next to it within a single
primary enclosure.
F.
Co-housing; bitches in heat; nursing puppies.
(1)
All dogs housed in the same primary enclosure must be compatible
as determined by observation. Not more than six adult dogs may be
housed in the same primary enclosure. Bitches in heat may not be housed
in the same primary enclosure with sexually mature males, except for
breeding. Bitches with litters may not be housed in the same primary
enclosure with other adult dogs, and puppies under 12 weeks of age
may not be housed in the same primary enclosure with adult dogs, other
than the dam or foster dam. Dogs displaying vicious or aggressive
behavior toward other dogs must be housed separately.
(2)
Each bitch with nursing puppies shall be provided with an additional
amount of floor space based on her breed and behavioral characteristics
and in accordance with generally accepted husbandry practices as determined
by the attending veterinarian. If the additional amount of floor space
for each nursing puppy is less than 5% of the minimum requirement
for the bitch, the amount of floor space must be approved by the attending
veterinarian and shall be kept in the dog source breeder's records.
G.
Ventilation and lighting.
(1)
Housing facilities for dogs must be sufficiently heated and cooled
to protect dogs from temperature or humidity extremes and to provide
for their health and well-being. If dogs are present, the ambient
temperature in the facility must not fall below 50° F. or rise
above 85° F.
(2)
Housing facilities for dogs must be sufficiently ventilated at all
times when dogs are present to provide for their health and well-being
and to minimize odors, drafts, ammonia levels and to prevent moisture
condensation. The relative humidity must be maintained at a level
that ensures the health and well-being of the dogs housed therein.
(3)
Housing facilities for dogs must be lighted well enough to permit
routine inspection and cleaning of the facility and observation of
the dogs. Animal areas must be provided with a regular diurnal light
cycle of either natural or artificial light. Lighting must be uniformly
diffused throughout housing facilities and provide sufficient illumination
to aid in maintaining good housekeeping practices, adequate cleaning
and observation of animals at any time and for the well-being of the
animals. Primary enclosures must be placed so as to protect dogs from
excessive light.
H.
Veterinary care and records.
(1)
The dog source breeder shall establish a veterinarian client-patient
relationship.
(2)
The dog source breeder shall establish a written program of veterinary
care which shall include a physical examination and vaccination schedule;
a protocol for disease control and prevention; pest and parasite control;
nutrition and euthanasia. A copy of the program shall be kept in the
dog source breeder's records.
(3)
Dogs shall be examined by a veterinarian at least once every six
months. During the examination the veterinarian shall use appropriate
methods to prevent, control, diagnose and treat diseases and injuries.
(5)
All veterinary records shall be kept for two years after the dog
has left the care of the facility.
(6)
Notwithstanding any law, a dog may not be euthanized except by a
licensed veterinarian.
I.
Exercise (for dogs over 12 weeks of age).
(1)
Each primary enclosure housing a dog over 12 weeks of age shall have
an entryway that allows the dog unfettered clearance from the enclosure
into an outdoor exercise area.
(2)
The exercise area must be at least twice the size of each dog's primary
enclosure and must have adequate means to prevent dogs from escaping.
(3)
Exercise area fencing must be in good repair and be free of rust,
jagged edges or other defects that could cause injury to the dogs.
(5)
Dogs must not be placed in the exercise area in a manner that would
cause injury to the dog.
(6)
Nursing bitches and their puppies shall be exercised separately from
other dogs.
(7)
The exercise area shall be on ground level and the ground of the
area must be solid and maintainable. Surfaces such as gravel, packed
earth and grass which are solid and maintainable may be utilized.
(8)
Forced exercise methods or devices such as swimming, treadmills or
carousel-type devices shall not meet the exercise requirements of
this subsection and are prohibited.
(9)
If, in the opinion of a licensed veterinarian, it is inappropriate
for a dog to exercise because of its health, condition or well-being,
this subsection shall not apply to that dog. Such a determination
must, however, be documented in writing by the veterinarian and shall
be revisited by the attending veterinarian at least once every 30
days.
Every pet seller who sells an animal to a consumer shall post
a notice clearly visible to the consumer and provide the consumer
at the time of sale with a written notice, printed or typed, setting
forth the rights provided under this article. Such notices shall be
prescribed by the Commissioner, but the written notice may be contained
in a written contract, an animal history certificate or separate document,
provided such notices are in 10-point boldface type. No pet seller
shall restrict or diminish, by contract or otherwise, the rights provided
under this article.
A.
Violation of any provision of this article is a civil offense for
which a fine of not less than $100 and not more than $500 for each
violation may be imposed.
B.
In addition to the penalties enumerated in this section, whenever there is a violation of the provisions of § 110-27 or 110-28 of this article, application may be made by the Commissioner or his/her designee to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated these provisions, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In such proceeding, the court may make allowances to the Commissioner as provided in Paragraph 6 of Subdivision (a) of § 8303 of the Civil Practice Law and Rules, and direct restitution.
Nothing in this article shall be construed to limit or restrict the police or 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.
This article shall be effective 180 days subsequent to filing
in the Office of the Secretary of State and shall apply to all transactions
occurring on or after the effective date of this article.
