ARTICLE 161

ANIMALS

§161.01 Wild and other animals prohibited.

(a) (1) Prohibitions; exceptions. No person shall sell or give to another person, possess,

harbor, keep, or yard wild or other animals identified in this section or in regulations

promulgated by the Commissioner pursuant to subdivision (e) of this section other

than in:

(i) a zoological park or aquarium operated by the Department of Parks, by the

Wildlife Conservation Society, or by the Staten Island Zoological Society; or

(ii) a laboratory operated pursuant to §504 of the Public Health Law; or

(iii) a veterinary hospital or other veterinary or medical facility where veterinary

care is provided for such animals; or

(iv) a temporary exhibit, performan or display that has been issued a permit by the

Commissioner.

(2) Permits. Persons who own, operate, manage or control any premises, businesses or

activities in which such animals will be exhibited or displayed, or persons who

propose to exhibit or display such animals, including, but not limited to, in a rodeo,

circus or other performance, petting zoo, farm museum, school or similar institution,

or for a film, television, photographic or other production or a media or non-media

event, or for commercial, educational or other purposes, must obtain a permit issued

by the Commissioner.

(A)The Commissioner may impose reasonable conditions and time limits on such

exhibitions, usages or displays when issuing such permits, including requiring

proof of insurance and a showing that places where animals are to be exhibited,

used or displayed have protective devices that the Department is satisfied will

prevent animals from escaping or injuring the public.

(B)All animals exhibited or displayed shall have received all species appropriate

immunizations and have been tested for zoonotic diseases in accordance with

federal and state law and guidelines, and recommendations of the Association of

Zoos and Aquariums, or other recognized animal health authorities. The

Commissioner may prohibit the use, display or exhibition of an animal that, in the

opinion of the Commissioner, carries an unreasonable risk of exposing persons to

zoonotic diseases or physical harm.

the Department at least ten (10) business days prior to the arrival of such animals

into New York City in preparation for such exhibition, use or display by the

person or entity that proposes to exhibit, use or display such animals or the person

in control of the premises where such animals will be exhibited, used or

displayed.

(D) Any animal of a species for which a rabies vaccine licensed and approved by the

USDA is available shall be currently vaccinated against rabies in accordance with

the vaccine manufacturer's instructions sufficiently in advance of any permit

being issued for its exhibition, use or display, so that such vaccine shall be

effective at the time of the animal's exhibition, use or display.

(E) The Department may impose a fee to cover its costs in issuing such permits.

(b) For the purposes of this Code, a wild animal is deemed to be any animal which is

naturally inclined to do harm and capable of inflicting harm upon human beings and all

such animals are hereby prohibited pursuant to subdivision (a) of this section. Such

animals shall also include: (i) any animals specified by the Commissioner in regulations

promulgated pursuant to this section; (ii) any native or exotic wildlife whose possession

or sale is prohibited because they are designated as protected or endangered pursuant to

any federal, state or local law, regulation, or rule; and (iii) any of the following animals:

(1) All dogs other than domesticated dogs (Canis familiaris), including, but not limited

to, wolf, fox, coyote, hyaena, dingo, jackal, dhole, fennec, raccoon dog, zorro, bush

dog, aardwolf, cape hunting dog and any hybrid or cross-breed offspring of a wild

dog and domesticated dog.

(2) All cats other than domesticated cats (Felis catus), including, but not limited to, lion,

tiger, leopard, ocelot, jaguar, puma, panther, mountain lion, cheetah, wild cat, cougar,

bobcat, lynx, serval, caracal, jaguarundi, margay and any hybrid or cross-breed

offspring of a wild cat and domesticated or other cat.

(3) All bears, including polar, grizzly, brown and black bear.

(4) All fur bearing mammals of the family Mustelidae, including, but not limited to,

weasel, marten, mink, badger, ermine, skunk, otter, pole cat, zorille, wolverine, stoat

and ferret.

(5) All Procyonidae: All raccoon (eastern, desert, ring-tailed cat), kinkajou, cacomistle,

cat-bear, panda and coatimundi.

(6) All carnivorous mammals of the family Viverridae, including, but not limited to,

civet, mongoose, genet, binturong, fossa, linsang and suricate.

(7) All bats (Chiroptera).

(8) All non-human primates, including, but not limited to, monkey, ape, chimpanzee,

gorilla and lemur.

(9) All squirrels (Sciuridae).

(10)Reptiles (Reptilia). All Helodermatidae (gila monster and Mexican beaded lizard); all

front-fanged venomous snakes, even if devenomized, including, but not limited to, all

Viperidae (viper, pit viper), all Elapidae (cobra, mamba, krait, coral snake), all

Atractaspididae (African burrowing asp), all Hydrophiidae (sea snake), all

Laticaudidae (sea krait); all venomous, mid-or rear-fanged, Duvernoy-glanded

members of the family Colubridae, even if devenomized; any member, or hybrid

offspring of the family Boidae, including, but not limited to, the common or green

anaconda and yellow anaconda; any member of the family Pythonidae, including, but

not limited to, the African rock python, Indian or Burmese python, Amethystine or

scrub python; any member of the family Varanidae, including the white throated

monitor, Bosc's or African savannah monitor, Komodo monitor or dragon, Nile

monitor, crocodile monitor, water monitor, Bornean earless monitor; any member of

the family Iguanidae, including the green or common iguana; any member of the

family teiidae, including, but not limited to, the golden, common, or black and white

tegu; all members of the family Chelydridae, including snapping turtle and alligator

snapping turtle; all turtles and tortoises with a carapace length of less than four (4)

inches; and all members of the order Crocodylia, including, but not limited to,

alligator, caiman and crocodile.

(11)Birds and Fowl (Aves): All predatory or large birds, including, but not limited to,

eagle, hawk, falcon, owl, vulture, condor, emu, rhea and ostrich; roosters, geese,

ducks and turkeys prohibited or otherwise regulated pursuant to §161.19 of this Code,

the Agriculture and Markets Law or applicable federal law.

(12)All venomous insects, including, but not limited to, bees other than non-aggressive

honey bees (Apis mellifera), hornet and wasp. Persons keeping honey bees shall file a

notice with the Department, on a form provided or approved by the Department,

containing the beekeeper's name, address, telephone, e-mail and fax numbers,

emergency contact information, and location of the hive, and they shall notify the

Department within ten business days of any changes to such information. Beekeepers

shall adhere to appropriate beekeeping practices including maintaining bee colonies

in moveable-frame hives that are kept in sound and usable condition; providing a

constant and adequate water source; locating hives so that the movement of bees does

not become an animal nuisance, as defined in §161.02 of this Article; and shall be

able to respond immediately to control bee swarms and to remediate nuisance

conditions.

(13)Arachnida and Chilopoda: All venomous spiders, including, but not limited to,

tarantula, black widow and solifugid; scorpion; all venomous arthropods including,

but not limited to, centipede.

(14)All large rodents (Rodentia), including, but not limited to, gopher, muskrat, nutria,

paca, woodchuck, marmot, beaver, prairie dog, capybara, sewellel, viscacha,

porcupine and hutia.

(15)All even-toed ungulates (Artiodactyla) including, but not limited to, deer, antelope,

sheep, pigs, including pot bellied pigs, goats, cattle, giraffe and hippopotamus. Such

prohibition shall not affect persons who keep livestock in accordance with applicable

law.

(16)All odd-toed ungulates (Perissodactyla) other than domesticated horses (Equus

caballus), including, but not limited to, zebra, rhinoceros and tapir.

(17)All marsupials, including, but not limited to, Tasmanian devil, dasyure, bandicoot,

kangaroo, wallaby, opossum, wombat, koala bear, cuscus, numbat and pigmy, sugar

and greater glider.

(18)Sea mammals (Cetacea, Pinnipedia and Sirenia), including, but not limited to,

dolphin, whale, seal, sea lion and walrus, and any other predatory marine and

freshwater animals and fishes including, but not limited to, sharks and piranhas.

(19)All elephants (Proboscides).

(20)All hyrax (Hyracoidea).

(21)All pangolin (Pholidota).

(22)All sloth and armadillo (Edentala).

(23)Insectivorous mammals (Insectivora): All aardvark (Tubulidentata), anteater, shrew,

otter shrew, gymnure, desman, tenrec, mole and hedge hog.

(24)Gliding lemur (Dermoptera).

sold in the City of New York provided that possession of the animal is not otherwise

prohibited by law, including federal, state and local laws regulating domestic animals and

livestock or protecting wildlife and endangered species. Such animals include, but are not

limited to, gerbil, hamster (Mesocricetus auratus), guinea pig, domesticated rabbit and

fowl or small birds such as parakeet, parrot, canary and finch.

(d) An animal whose possession is prohibited pursuant to this section may be seized by any

authorized employee, officer or agent of the Department or of any other agency of the

City of New York, and the Commissioner shall provide for such animal's appropriate

disposition.

(1) An order issued by the Commissioner pursuant to this section shall contain a notice

that the owner of such animal may, within three business days of receipt of the order,

request an opportunity to be heard with respect to whether the animal is a prohibited

animal and its appropriate disposition. The Commissioner shall provide such an

opportunity to be heard as soon as practicable, but no later than 15 days after receipt

of such request.

(2) With the written consent of the Department, an owner of any animal whose

possession is prohibited pursuant to this section, may remove such animal to another

jurisdiction where its possession is not prohibited pursuant to any local or other law.

(e) The Commissioner may promulgate such regulations as may be necessary to add to the

list in subsection (b) any animal which the Commissioner determines is naturally inclined

to do harm and capable of inflicting bodily harm upon human beings.

(f) If any provision of this section is adjudged invalid by any court of competent jurisdiction,

such judgment shall not affect or impair the validity of the remainder of this section.

§161.02 Definitions.

When used in this article, the following terms shall have the following meaning:

Adoption means the delivery to any natural person eighteen years of age or older, for the

limited purpose of harboring as a pet, a homeless, lost, stray, abandoned, seized, surrendered, or

unwanted animal.

Animal behaviorist means a person certified as an applied animal behaviorist or veterinary

behaviorist by the Animal Behaviorist Society or other person with qualifications acceptable to

the Department, who works with pets and their owners to modify animal behavior, provide

socialization training for animals and their owners, and assesses or diagnoses behavioral

pathology in animals.

Animal nuisances shall include, but not be limited to, animal feces, urine, blood, body parts,

carcasses, vomitus and pervasive odors; animals that carry or are ill with contagious diseases

communicable to persons or other animals; and dangerous dogs. A beekeeping nuisance shall

mean conditions that include, but not be limited to, aggressive or objectionable bee behaviors,

hive placement or bee movement that interferes with pedestrian traffic or persons residing on or

adjacent to the hive premises; and overcrowded, deceased or abandoned hives.

Animal rescue group shall mean a not-for-profit organization, group or unincorporated entity

that accepts unwanted dogs or cats from an animal shelter or other place and attempts to find

homes for, and promote adoption of, such animals by the general public.

Animal shelter or shelter for homeless animals means a not-for-profit facility holding a

permit in accordance with §161.09 of this Article where homeless, lost, stray, abandoned, seized,

surrendered or unwanted animals are received, harbored, maintained and made available for

adoption to the general public, redemption by their owners or other lawful disposition, and which

is owned, operated, or maintained by a duly incorporated humane society, animal welfare

society, society for the prevention of cruelty to animals, or other organization devoted to the

welfare, protection or humane treatment of animals.

Boarding kennel business or establishment means a facility other than an animal shelter

where animals not owned by the proprietor are sheltered, harbored, maintained, groomed,

exercised, fed, or watered in return for a fee.

Cat means a domesticated animal of the species Felis catus kept as a pet, except for any

animal that is a hybrid or cross-breed of such species whose possession is prohibited in New

York City pursuant to §161.01 of this Article.

Dangerous dog means a dog which menaces, threatens, attacks or bites a person or persons, or

which kills or inflicts physical injury upon any persons, when such persons are peacefully

conducting themselves in any place where they may lawfully be, and any dog owned or harbored

for the purpose of dog fighting. A Department record of a bite report made pursuant to §11.03 or

of a dog bite or other injury made by a police officer shall be prima facie evidence that a dog is

dangerous.

Dog means a domesticated animal of the species Canis familiaris kept as a pet, but does not

mean any other animal that is a hybrid or cross-breed of such species whose possession is

prohibited in New York City pursuant to §161.01 of this Article.

Exposure to rabies means a bite or non-bite penetration of the skin; or contamination of an

open wound, abrasion, scratch or mucous membrane with saliva or other potentially infectious

material from an animal subject to rabies.

Grooming parlor, salon, business, or establishment means a facility where animals are

presented by their owners for bathing, dipping, clipping, combing, or cleaning for the purpose of

improvement of the animal's appearance and or well-being in return for a fee and establishments

which provide facilities for owners to groom their own pets.

Guard dog means a dog which is trained or used for personal protection, area protection,

and/or the apprehension or warding off of an individual by means of barking, threatening

gestures, biting, or restraining by the use of its teeth. Guard dog shall not include a police work

dog as defined in Agriculture and Markets Law §108 (18), or successor provision.

Hybrid or cross-breed shall mean the offspring produced by two animals of different breeds,

varieties or species.

Lost, stray and homeless animals. For the purpose of determining applicability of the

Animal Shelters and Sterilization Act, §§17-801 et seq. of the Administrative Code, lost, stray

and homeless animals shall mean any animals owned or formerly owned by residents of the City

of New York, or animals whose owners are unknown, that are brought into or accepted by any

New York City animal shelter by any person for any reason other than for the purpose of

evaluation by an animal behaviorist pursuant to a request of the Department or order of the

Commissioner.

Operating or in operation. An animal business or facility regulated by this Article is

“operating” or “in operation” if any animals are being harbored or kept on its premises, and

regardless of whether such business or facility if open to the public.

Owner means any person who owns, harbors, possesses, adopts, cares for or keeps an animal.

Pet shop means a facility other than an animal shelter where live animals are sold, exchanged,

bartered, or offered for sale as pet animals to the general public at retail for profit. A pet shop

shall not mean a pet dealer exclusively selling dogs and cats that is subject to Article 26-A of the

Agriculture and Markets Law. However, a pet shop where animals other than, or in addition to,

dogs and cats are sold shall hold a pet shop permit issued by the Commissioner and shall comply

with all other applicable provisions of this Code and other applicable law.

Severe injury, with respect to an injury inflicted by a dog, means any physical injury inflicted

by such dog upon a person that causes at least a broken bone or a disfiguring laceration requiring

either multiple stitches or cosmetic surgery.

Small animal means a companion animal such as a dog, cat, fish, bird, rabbit, reptile, gerbil,

hamster or other animal whose possession is not prohibited by §161.01 of this Article.

Stable for horses means a building where one or more horses are housed and/or maintained.

State Sanitary Code shall mean Chapter 1 of Title 10 of the Codes, Rules and Regulations of

the State of New York, or successor rules.

Training establishment for small animals means a facility where small animals, whether or

not belonging to the owner or employee of such facility, are trained for any purpose in return for

a fee.

§161.03 Control of dogs and other animals to prevent nuisance.

(a) A person who owns, possesses or controls a dog, cat or other animal shall not permit the

animal to commit a nuisance on a sidewalk of any public place, on a floor, wall, stairway

or roof of any public or private premises used in common by the public, or on a fence,

wall or stairway of a building abutting on a public place.

(b) Notices of violation for failure to comply with this section may be issued by any

authorized employee, officer or agent of the Department, or of the Departments of

Sanitation and Parks and Recreation, or successor agencies.

§161.04 Dog licenses.

(a) License required. A dog license obtained in accordance with Chapter 115 of the New

York State laws of 1894, as amended, shall be issued by the Department to every person

who owns, possesses, keeps, harbors, adopts, purchases, or cares for a dog in New York

City for each dog owned, possessed or controlled by such person, except that an animal

shelter shall not be required to obtain a license for any dog kept by such shelter and an

animal rescue group shall not be required to obtain a license for any dog harbored by

such group for less than six months.

(b) License tag required in public. Every person who owns, possesses or controls a dog shall

not permit it to be in any public place, or in any open or unfenced area abutting on a

public place, unless the dog has a collar about its neck with a currently valid metal tag

attached thereto bearing the number of the license obtained for such dog in accordance

with Chapter 115 of the Laws of 1894 of the State of New York, as amended or

subdivision (c) of this section.

they obtain dogs or cats with proof acceptable to such shelter that the persons adopting

dogs through their efforts have purchased licenses for such dogs.

(d) Sales of licenses authorized. Licenses may be sold by the Department in any manner that

is not prohibited by law. The Department may authorize other persons to sell such

licenses, upon such terms and conditions as it deems necessary to promote the sales of

licenses. The Department may accept license applications and sell licenses electronically,

and may impose a surcharge to cover the actual additional costs of selling licenses

electronically, if any, including costs imposed by credit card issuers.

(e) Enforcement. Notices of violation for failure to comply with this section may be issued by

any authorized employee, officer or agent of the Department, the Department of

Sanitation, the Department of Parks and Recreation, or successor agencies, or by special

patrolmen or patrolwomen who have been delegated such duties by their employers.

§161.05 Dogs to be restrained.

(a) Except as specified in subdivision (b) of this section, a person who owns, possesses or

controls a dog shall not permit it to be in any public place or in any open or unfenced area

abutting on a public place unless the dog is effectively restrained by a leash or other

restraint not more than six feet long.

(b) (1) Dogs within areas and facilities under the jurisdiction and control of the Department

of Parks and Recreation ("DOPR"), or successor agency, shall be restrained except as

otherwise permitted in accordance with the rules of the DOPR. Such rules shall

include provisions that prohibit unrestrained dogs in unenclosed DOPR controlled

areas and facilities except during a specified range of time, that shall not begin earlier

than 9:00 P.M. and not extend past 9:00 A.M. Such rules shall also specify that

persons in control of dogs allowed to be off the leash in such areas and facilities

maintain and provide, on demand, proof of current dog licensure and current rabies

vaccination when dogs are allowed to be off the leash. In addition, DOPR shall make

available to the public, in a manner acceptable to the Department, information

concerning rabies vaccination and dog licensure requirements, and the specific

locations where and times when dogs may be allowed off the leash in DOPR areas

and facilities.

(2) Notwithstanding the provisions of paragraph (1) of this subdivision, the Department

may, based on epidemiologic evidence indicating an increase in preventable off leash

dog bites during off leash hours in areas open to off leash use, or a risk of zoonotic

disease transmission, limit or eliminate the use of or access to specific areas or

facilities, or parts thereof, under DOPR jurisdiction, by unrestrained dogs.

issued by any authorized employee, officer or agent of the Department, the Department

of Sanitation, the Department of Parks and Recreation, or successor agencies, or by

special patrolmen or patrolwomen who have been delegated such duties by their

employers.

§161.06 Dogs and cats to be vaccinated and treated prior to change in ownership.

No person shall offer for sale, sell or give away any dog or cat unless such animal has been

vaccinated against rabies in accordance with §11.29 of this Code, and treated for parasites or

certified in writing by a duly licensed veterinarian to have been tested and found to be free of

parasites.

§161.07 Dangerous dogs.

(a) Policy and scope. When the Department receives a report of a dangerous dog, the

Department may, in any case where it deems it necessary, investigate the circumstances

giving rise to the report and, if the Department determines that the dog is a dangerous

dog, it may take any action authorized by applicable law, including this Code, that it

deems necessary to protect the public health and safety.

(b) Dogs brought into a shelter. When a dangerous dog is brought into an animal shelter, or

when a dog held in an animal shelter injures a person, the operator of the shelter shall, no

later than the first business day after the dog is admitted to the shelter or after the dog in

the shelter injures a person, report the injury to the Department. The shelter shall obtain

from the person owning or presenting the dog, and the report shall, to the extent that the

shelter operator has such information, include a description of the circumstances in which

injury was caused by the dog; the names, addresses and other contact information for the

injured person(s), the dog's owner, and any witnesses to the incident; the types of injuries

inflicted by the dog; and any other information required by the Department. The shelter

operator shall thereafter immediately provide the Department with any additional

information received about the incident.

person or that is involved in any incident that creates a possible exposure to rabies shall

be held by the shelter for ten days, over which time such dog shall be observed by a

veterinarian to determine whether it has developed signs and symptoms of rabies.

(1) A dog held for rabies observation that is subsequently involved in any other incident

potentially exposing any person or animal at the shelter to rabies shall, commencing

on the date of the most recent incident, be held by the shelter for an additional ten

days to be observed for signs and symptoms of rabies.

(2) If a licensed veterinarian determines that a dog has signs or symptoms consistent with

rabies, the dog shall be humanely euthanized and its remains shall be tested for rabies.

(3) The Department may authorize release of a dog to its owner before the expiration of

the ten days rabies observation period if the Department determines that the dog is not

a dangerous dog, and the owner agrees to continue to observe the dog for signs and

symptoms of rabies over the remainder of the observation period and to make daily

reports of his or her observations to the Department in accordance with §11.27 (e) of

this Code.

(d) Determination of a dangerous dog.

(1) Evaluation of a dog in a shelter. The Department shall make a preliminary

determination as to whether any dog being held in a shelter after causing injury to a

person is a dangerous dog. In making such determination, the Department shall

consider the circumstances of the incident resulting in the dog's placement in the

shelter, the nature and severity of the injuries reportedly inflicted by the dog, and the

dog's prior history of biting and/or causing injury. When deemed necessary by the

Department, an assessment by an animal behaviorist may also be considered.

(2) If dog is determined to be dangerous. If the Department determines that a dog being

held at a shelter is dangerous, it shall notify the owner of the dog of such

determination in writing, prior to expiration of the ten day rabies observation period.

The notification shall include the Department's recommendations for the disposition

of the dog, including any control measures authorized by subdivision (g) of this

section that the Department deems necessary as conditions for the owner's continued

possession of the dog.

(3) If a dog is not determined to be dangerous. If the Department determines that a dog

being held at a shelter is not dangerous, it shall notify the shelter that the dog may be

returned to its owner at the end of the rabies observation period, provided the dog has

been vaccinated against rabies, licensed, and surgically sterilized in accordance with

applicable law.

(4) Other disposition. A dog surrendered to a shelter by its owner for any reason shall be

made available for adoption or humanely euthanized, in accordance with applicable

law. However, a dog that is surrendered by its owner as a dangerous dog or a dog

trained for dog fighting shall not be made available for adoption by any person unless

the shelter operator has completed a behavioral evaluation of the dog showing that the

dog is not a dangerous dog, provided the results of the evaluation to the Department,

and the Department has approved the release of the dog for adoption.

(e) Dogs that are not brought to a shelter. If the Department receives a report that a dog not

being held by a shelter to be observed for symptoms and signs of rabies is dangerous, the

Department may order the dog's owner to make the dog available for examination by an

animal behaviorist, or may order any other control measures authorized by subdivision

(g) of this section for protection of public health and safety.

(1) Place of examination. The Department may arrange for the examination to be

conducted at a shelter or other place where the Department determines the public will

be adequately protected. If a dog is brought by its owner to a shelter for examination

pursuant to this section, the dog shall not be deemed a homeless or abandoned dog,

and the shelter shall not be required to surgically sterilize the dog prior to releasing it

to its owner. However, such dog shall not be released unless it is currently vaccinated

against rabies in accordance with Health Code §11.29, and has been licensed in

accordance with §161.04 of this Article.

(2) Failure to present dog for examination. If an owner fails to comply with an order of

the Department to make his or her dog available for examination by an animal

behaviorist, the owner's failure to comply with such order shall be evidence in any

hearing commenced by the Department that the dog is dangerous and that its owner is

perpetuating a nuisance in violation of §3.07 of this Code.

(f) Hearings.

(1) Owner objections. The Department shall notify the owner of a dog of its preliminary

determination that the dog is dangerous and of any control measures authorized by

subdivision (g) of this section that it deems necessary to protect public health and

safety. If the owner does not agree with the Department's preliminary determination

or that the proposed control measures are necessary, the Department shall serve the

owner with a petition and notice of hearing to show cause at a hearing to be held at

the City's Office of Administrative Trials and Hearings (OATH) why the dog should

not be found to be a dangerous dog and why conditions should not be imposed on the

dog and owner to protect the public's health and safety.

(2) Scheduling hearings.

(A) An OATH hearing shall be scheduled by the Department for a date and time that

is no more than twenty days after the petition is mailed to the owner, and the

petition and notice of hearing shall be mailed to owner no later than fifteen days

after the dog's entry into the shelter, unless the owner of the dog and the

Department agree to a later date. If the last dates for mailing and scheduling a

hearing fall on a Saturday, Sunday or City holiday, the date of mailing the petition

and scheduling the hearing shall be the next business day.

(B) Such time periods shall not apply when the owner's identity and address are not

known when a dog is first admitted to a shelter. In such cases, when the

Department subsequently learns the owner's identity and address, and if the time

for reclaiming a dog from a shelter has not expired, the time period to schedule a

hearing set forth in paragraph (2) above shall start to run on the date the

Department learns the owner's identity and address.

(3) Severe injuries. A dog that has caused a severe injury to any person, or a dog that the

Department determines, based on the circumstances that prompted the Department's

investigation, was prevented from inflicting severe injury by the action of a third

party or other circumstance, shall continue to be held in a shelter until and unless the

Commissioner has received a report and recommendation of an OATH administrative

law judge finding that the dog is not a dangerous dog.

(4) Other injuries. A dog that does not meet the criteria in paragraph (3) above, may

remain with its owner or, if held in a shelter, shall be returned to its owner, at the

completion of the rabies observation period, to remain with its owner pending an

OATH hearing.

(5) Abandonment. If an owner of a dog that is preliminarily determined to be dangerous

and that is being held at a shelter fails to appear at an OATH hearing and is found in

default, or if the identity or address of a dog's owner is unknown, such dog shall be

deemed abandoned and shall be disposed of in accordance with applicable law.

(g) Control measures authorized. The Commissioner may order any action deemed necessary

to control a dangerous dog and prevent injuries to persons, including, but not limited to,

ordering that a dangerous dog be:

(1) Surrendered for the purpose of humane euthanasia;

(2) Permanently removed from the City;

(3) Muzzled whenever it is in a public place or in any open or unfenced area abutting on a

public place;

(4) Evaluated, at the owners' expense, by an animal behaviorist to determine whether the

animal and any persons handling the animal may be trained in the safe management

of the animal, and be trained when indicated;

(5) Spayed or neutered, if the owner does not maintain proof satisfactory to the

Department that the animal was previously altered;

(6) Microchipped to enable identification of the dog if it inflicts further injury; or

(7) Confined in a place where there are sufficient barriers between the dog and passersby

lawfully on public streets and areas abutting the owner's property.

(h) Guard dogs. Any dog owned, kept, engaged in or trained to attack persons that is not

currently registered with the Department as a guard dog pursuant to §161.09(g) shall be

deemed to be a dangerous dog and shall be surrendered to the Department, upon the request

of the Department, by the person who owns, possesses or controls it, for the purpose of

performing an examination and for such other disposition as the Department may order in

accordance with this section.

(i) Dogs kept for dog fighting. Any dog owned, kept, engaged in or trained for dog fighting,

or any dog owned, kept or trained to attack persons and not properly registered as a guard

dog pursuant to §161.09 (g), shall be deemed to be a dangerous dog and shall be surrendered

to the Department by the person who owns, possesses or controls it, for the purpose of

performing an examination and for such other disposition as the Department may order in

accordance with subdivision (g) of this section.

(j) Dangerous dogs presumed to be a nuisance. When the Department determines that a dog

is dangerous in accordance with this section, it shall be presumed that the owner or other

person who harbored the dog trained, caused or permitted the dog to be dangerous, so as to

establish a prima facie maintenance of a nuisance in violation of §3.09 of this Code.

(k) Impoundment. A dog that is in a public area and that is menacing persons, or a dog that

has caused a severe injury to a person, or a dangerous dog owned by a person who has

violated an order of the Commissioner issued pursuant to this section, may be impounded by

the Department or by a police or other peace officer, or killed by a police or other peace

officer, if capture is dangerous.

(l) Disclosure of medical information. In addition to submitting the reports of animal bites

required by Article 11 of this Code, upon receipt of a written request from the Department, a

medical or other health care provider shall forward to the Department copies of medical

records concerning diagnosis and treatment of bites or other injuries to persons that were

inflicted by, or resulted from attacks by dogs or other animals.

(m) Public information relating to dangerous dogs.

(1) Copies of records and reports maintained by the Department concerning dangerous

dogs may be made available in accordance with the Public Officers Law, provided

that, if the persons injured who are the subjects of such records are not the persons

requesting such reports, such reports shall be redacted of all identifying information

about the subjects, complainants and person(s) injured or menaced.

(2) Information about injuries caused by dangerous dogs contained in medical and other

records obtained by the Department may be disclosed in the course of OATH

proceedings to owners of dogs, their attorneys, and to administrative law judges at

OATH if such information is relevant to a determination as to whether a dog is

dangerous or has caused severe injury to a person. Such information shall not be

further disclosed without authorization of the person to whom the records pertain

except when disclosure may be necessary in further proceedings related to the OATH

matter.

§161.08 [Regulated Pit Bull Dogs. See Ad Code §§17-342 et seq.] [Repealed]

§161.09 Permits to keep certain animals.

(a) Permit required.

(1) No person shall operate a pet shop, grooming parlor, boarding kennel or training

establishment for small animals whose possession is not prohibited by §161.01 of this

Article, without a permit issued by the Commissioner except that a pet shop that

exclusively sells dogs and cats and is regulated by Article 26-A of the Agriculture and

Markets Law, or successor law, shall not require a permit issued by the

Commissioner.

(2) Workers' compensation and disability benefits insurance. No permit required by this

Article shall be issued to any person unless such person produces proof satisfactory to

the Department that policies for workers' compensation insurance and disability

benefits have been secured in accordance with Workers' Compensation Law §56, or

successor statute.

(b) Animal shelter. No person shall construct or operate a shelter for homeless animals

without a permit issued by the Commissioner.

§161.01(a) of this Article, no person shall keep or yard cattle, swine, sheep or goats.

(d) Permits for horse stables required. No person shall maintain or operate a stable for horses

without a permit issued by the Commissioner except that no permit shall be required

where a natural person or family owns a horse stable solely for housing and maintaining

horses owned and used by the person or family for its exclusive recreational, non-

commercial purposes.

(e) Selling of certain animals prohibited. No person shall engage in the business of or hold

herself or himself out as engaging in the business of importing, or selling, or offering for

sale any animal of a species whose possession is prohibited pursuant to §161.01 of this

Article and no person shall operate a facility for the preparation or manufacturing of

snake or arachnid anti-venom without a permit issued by the Commissioner.

(f) Small animal handling course required. No person who is charged with the supervision

of a pet shop or business for the sale or offer for sale of dogs, cats or other small animals,

or the boarding or grooming of small animals, or animal training, or similar type of

operations, shall engage or be employed in such capacity unless he or she obtains a

certificate indicating the successful completion of a course, acceptable to the Department,

in the care and handling of such animals. Such certificate shall not be required for

persons who are pet dealers who exclusively sell dogs and cats, in accordance with

Article 26-A of the Agriculture and Markets Law.

(1) Such certificate shall be placed in a clean, transparent cover or frame and displayed

on the premises where the holder thereof is so engaged or employed in such a manner

as to be clearly visible to the public. It shall be available for inspection at all times by

the Department. No person shall mutilate, obstruct or tear down such certificate.

(2) The holder of such certificate shall successfully complete a refresher course in the

care and handling of such animals when deemed necessary by the Department. The

Department may require the holder of such certificate to complete a refresher course

acceptable to the Department when the Department finds continuing violations of the

Code, or when a zoonotic outbreak implicates animals cared for, treated or held in the

establishment she or he supervises, or when the Department requires such course to

acquaint him or her with current developments in animal care and handling

principles.

(3) The Department may conduct such courses or approve courses conducted by

educational institutions. Persons electing to enroll in such courses conducted by the

Department may be charged a reasonable enrollment fee to defray all or part of the

costs incurred by the Department in their administration.

(g) Guard dogs. No person shall own a trained guard dog for use within the City unless she

or he has licensed and registered such animal with the Department. Any case of loss, theft

or transfer of ownership of a trained guard dog shall be reported by the owner to the

Department within five (5) days of any such loss, theft or transfer. The Department may

charge a reasonable fee to defray all or part of the cost incurred by the Department in the

administration of this subdivision.

(1) Microchipping required. The owner of a trained guard dog shall have such dog

implanted with a microchip as a permanent identification, and supply the

identification number to the Department, and provide and see to it that such animal

wears at all times a tag issued by the Department. Such tag shall have printed or

stamped thereon, in clear and legible type, the words: "GUARD DOG". Such tag

shall be suspended at least three quarters of an inch and not more than one and one

half inches from a collar worn by such animal. Lost, stolen or damaged tags shall be

reported to the Department and may be replaced by the Department at reasonable

cost.

(2) Signs to be posted. Owners or other persons in control of any premises in which a

trained guard dog is kept shall post a durable sign or notice, printed in clear and

legible type, warning the public of the presence of such trained guard dog. The sign

shall include the name and other contact information for the owner of the guard dog.

(3) Notice required. All persons who train, sell or rent guard dogs shall post a durable

sign or notice, printed in clear and legible type stating that a copy of this section shall

be provided by the trainer, seller or renter of a guard dog to any person who uses such

dogs, warning that all users shall comply with licensing, tagging, microchipping and

signage requirements.

§161.11 Prevention of nuisances; cleaning.

(a) A permit required by §161.09 shall not be issued unless the applicant proves to the

satisfaction of the Commissioner that the place for which the application is made does not

constitute a nuisance because of its proximity to a residential, business, commercial or

public building, and that the place will be maintained so as not to become a nuisance.

(b) The owner, lessee or person in charge of any place where animals are kept pursuant to a

permit required by §161.09, shall take all measures necessary for integrated pest

management of insect, rodent and other vermin required by Article 151 of this Code, and

shall conduct such place so as not to create an animal nuisance as defined in this Article.

equipped with and shall maintain supplies of implements and materials, such as brooms,

hoses, hose connections, vacuum cleaners where dusty conditions are found, covered

metal receptacles, brushes, disinfectants and detergents, as may be required to maintain

sanitary conditions. Such places shall have regularly assigned personnel to maintain

sanitary conditions.

§161.13 Self inspection.

The holder of a permit issued pursuant to §161.09 or the person in charge of the place for which

the permit is issued shall inspect or designate a qualified or trained employee to inspect the

premises at least once every two months and record the results of the inspection on a form

furnished by the Department. Such records shall be kept on file for one year. If an inspection

shows a violation of any provisions of this Code, the permittee or person in charge shall

promptly correct such condition. A record of self inspection shall be available for inspection by

the Department, but shall not be subject to inspection by others, or to subpoena, and shall not be

used in, or as the basis for prosecution.

§161.15 Keeping of small animals for sale, boarding, grooming, or training.

(a) Dwellings and food service establishments. Animals shall not be sold, held for sale, or

boarded, groomed or trained in exchange for a fee in a dwelling in which a person lives.

Aquatic animals, as defined in Article 81 of this Code, shall not be sold, held for sale or

kept in the same place where food or drink is sold for human consumption. This

subdivision shall not prevent a food service establishment from keeping live fish species

intended for human consumption and obtained from a legal food source or from

displaying live fish in an ornamental aquarium.

(b) Providing and submitting dog license applications.

(1) An entity permitted pursuant to section 161.09 must provide a dog license application

to any person seeking to purchase, adopt, reclaim, or take custody of a dog, unless the

person demonstrates that the dog is already licensed or signs a sworn statement that

the dog will live outside the City. The person seeking to purchase, adopt, reclaim, or

take custody of the dog must complete the application and return it, along with any

fees due, to the permitted entity. Such entity must forward the completed application

along with any fees to the Department within five (5) business days, and the

Department will issue the license and send it to the dog’s owner.

(2) Whenever a dog receives training, grooming, or boarding services from an entity

permitted pursuant to section 161.09 to provide only those services, the entity must

provide the dog owner with a dog license application, unless either the dog owner

provides proof that the dog has a Department-issued license, or the dog lives outside

of the city.

record of purchases, sales, boarding, grooming, training, sheltering of homeless animals,

and adoption services rendered. When a dog or cat is purchased, sold, adopted or kept,

the permittee must make an entry in the record that includes (1) the name and address of

the person from whom it was purchased, to whom it was sold or given for adoption, or

who ordered boarding, grooming, or training services for such animals; and (2) a

complete description of the animal, including its age, sex, and breed. On at least a

monthly basis, the permittee must report to the Department, on a form furnished by the

Department, all licensed and unlicensed dogs which have been sold, adopted, groomed,

trained, boarded, sheltered, or otherwise served. Such form must include the name and

address of the dog owner and license number of all licensed dogs as well as any other

descriptive information regarding the dog as may be required by the Department.

(d) A holder of a permit to keep small animals for sale, boarding, grooming or training shall

not sell or hold any animal that is affected with or that has been exposed to a disease

communicable among small animals unless such affected or exposed animal is under the

care of a licensed veterinarian.

(e) Proof of vaccinations required.

(1) Proof of rabies vaccination. Prior to providing boarding, grooming, or training

services, an entity issued a permit pursuant to section 161.09 must obtain proof from

the owner of each dog, cat, or other animal that the animal is currently vaccinated for

rabies, unless there is no USDA-approved rabies vaccine for such animal, or that the

animal has a medical condition for which rabies vaccination is contraindicated. Such

proof must be either (i) a copy of a rabies vaccination certificate, or (ii) signed letter

from a veterinarian verifying the animal’s vaccination status or exemption from

vaccination. Such proof must be maintained on the premises for at least one year and

provided to the Department upon request.

(2) Other vaccinations for dogs.

(A) Boarding kennels and training establishments. Prior to providing boarding,

grooming or training services, an entity issued a permit pursuant to section 161.09

of this Code must obtain proof from the owner of each dog provided services, that

the dog is currently actively vaccinated against distemper, adenovirus,

parainfluenza, parvovirus and Bordetella, or that the animal has a medical

condition for which vaccination is contraindicated. Such proof may include, but is

not limited to, (i) a receipt from a veterinary office for vaccines provided, (ii) a

summary of a veterinary visit prepared by the veterinary office indicating such

vaccines were administered, or (iii) a copy of a signed letter from a veterinarian

stating that the dog has been so vaccinated or that the dog has a medical condition

for which vaccination is contraindicated. The accepted proof must be maintained

on the premises for at least one year and provided to the Department upon

request.

(B) Entities providing grooming services only. A holder of a permit to operate a

grooming parlor where only grooming services are provided must obtain from the

owner of each dog that is provided services either (i) a sworn statement of the

owner that the dog is currently actively vaccinated against distemper, adenovirus,

parainfluenza, parvovirus and Bordetella along with the name and contact

information of the veterinarian who administered the vaccinations, or (ii) a receipt

from a veterinary office for vaccines provided, or (iii) a summary of a veterinary

visit prepared by the veterinary office indicating such vaccines were administered,

or (iv) a copy of a signed letter from a veterinarian stating that the dog has been

so vaccinated or that the dog has a medical condition for which vaccination is

contraindicated. The accepted proof must be maintained on the premises for at

least one year and provided to the Department upon request.

(f) Cage or box dryers prohibited. Facilities that care for or provide services to small

animals must not dry any such animal using a cage or box dryer or any other dryer that is

equipped with a heating element that is not handheld.

§161.17 Small animals kept for sale, shelters, kennels and training establishments; physical

facilities and maintenance.

A pet shop, boarding kennel, shelter, and any other place where animals are kept that is

permitted pursuant to section 161.09 must meet the requirements of Articles 131 and 151 for

maintaining facilities and eliminating conditions conducive to pests. The floors, walls,

implements, and cages in such place must be kept clean and in good repair, and cages must be

disinfected when necessary. An individual cage must be provided for the use of each dog or cat

three months of age or over except when isolation in a separate cage is medically contraindicated

or animals are caged together for a humane reason. In such cases, a veterinarian must provide a

written statement and any other documentation required by the Department indicating the

reasons more than one animal should be caged together. Such documentation must be maintained

on the premises and be available for inspection. Nothing in this Code prohibits the establishment

of dog or cat group socialization or play areas in boarding facilities regulated by this Code,

provided that animals allowed in such areas are certified by a veterinarian as vaccinated against

rabies and free of other diseases and parasites transmissible to humans or other animals.

§161.19 Keeping of livestock, live poultry and rabbits.

(a) No person shall keep a live rooster, duck, goose or turkey in the City of New York except

(1) in a slaughterhouse authorized by federal or state law that is subject to inspection by

the New York State Department of Agriculture and Markets or the United States

Department of Agriculture, or (2) as authorized by §161.01 (a) of this Article.

(b) A person who is authorized by applicable law to keep for sale or sell livestock, live

rabbits or poultry shall keep the premises in which such animals are held and slaughtered

and the surrounding areas clean and free of animal nuisances.

kept on the same premises as a multiple dwelling as defined in section 4 of the Multiple

Dwelling Law, or other residence. Coops or runways of live rabbit and poultry markets

shall be located at least 25 feet away from any building.

§161.21 Stables for horses; physical facilities and maintenance; and rabies vaccination.

(a) A stable for horses shall meet the requirements in Article 131 of this Code governing

walls, floors, ventilation, lighting and plumbing and shall have rodent proofing when

required by the Department because of evidence of rat infestation. The Department, under

such appropriate conditions as it may require, may allow a stable for racing horses to

have in the stalls an impacted earth floor with straw, hay or similar material used for

bedding.

(b) All exposed surfaces in a stable for horses shall be kept clean, and the walls, ceilings and

exposed woodwork shall be whitewashed when necessary.

roof of a building.

(d) A horse-watering trough shall be maintained in a clean and sanitary condition and

supplied with clean water.

(e) Except in unimproved areas, a stable shall not have or use a manure vault, pit or bin.

(f) All manure and other refuse shall be kept and treated within the stable in a manner

satisfactory to the Department so as to minimize odors and prevent the breeding of flies

or other annoying or unsanitary conditions. Manure shall either be removed daily or

pressed into bales or barrels, adequately protected against flies and otherwise treated in a

manner satisfactory to the Department. Manure or other stable refuse shall not be

permitted to remain in a stable for more than four days.

(g) Unless special facilities satisfactory to the Department are provided for outside loading,

the vehicle in which manure is to be removed shall be completely inside the stable and

the stable doors shall be closed when manure is loaded. When barrels are unloaded they

shall be cleaned and deodorized inside the stable in a manner satisfactory to the

Department so as to prevent the creation of a nuisance.

(h) A stable yard or other area used by animals shall be kept clean, and the surface shall be

graded so as to prevent the accumulation of liquids.

(i) All horses owned, boarded, used or brought into the City of New York for any purpose

shall have an annual rabies vaccination. Every person who owns a horse and every

person who owns or maintains a stable for horses in the City of New York shall maintain

records of rabies vaccinations and make such records available to officers, agents and

employees of the Department for examination upon request. Requirements for rabies

vaccination for horses shall apply to all horses housed or brought into any stable in the

City of New York regardless of whether the stable is required to hold a permit issued

pursuant to this Article.

§161.23 Sterilization of shelter animals.

(a) Sterilization required. No animal shall be released from an animal shelter for adoption by

or return to a resident of the city of New York without first being spayed or neutered,

except if the animal is exempt from sterilization pursuant to §17-804 of the

Administrative Code.

(b) Release to animal rescue groups. Whenever practicable, animals shall not be released by

a shelter to an animal rescue group without first being spayed or neutered when such

animal is being taken by the animal rescue group to assist in its adoption by others,

except if, in the judgment of the shelter veterinarian, the health of the animal would be

compromised by sterilization surgery at the time of release to the rescue group. No dog

may be released by an animal rescue group to a person who resides in the City of New

York unless the dog is sterilized and licensed pursuant to §161.04 of this Article.

animal from a shelter and objecting to its sterilization may bring a cause of action in a

court of competent jurisdiction seeking a declaration that such animal need not be

sterilized.

(1) Upon delivery to the shelter operator of a bond in the amount of $20,000, the animal

shall be returned to its owner.

(2) The bond amount shall be returned to the owner at the conclusion of the litigation, if

the owner prevails in such litigation.

(3) The bond shall be forfeited if

(A) No cause of action is commenced within three months of the release of the animal

to its owner, or

(B) The owner does not prevail in such litigation, and the animal either is (i) not

returned to the shelter for sterilization or (ii) verifiable proof of sterilization is not

submitted to the shelter.

(4) Spay neuter fund established. Sums collected from forfeited bonds shall be

transmitted by the shelter operator to the Fund for Public Health in New York, Inc., or

other not for profit agency approved by the Department, and placed in an animal spay

neuter fund to be established by such fund or other agency. Expenditures of such

collected sums shall be authorized by the Department to pay for free or low-cost

animal sterilization services.

§161.25 Modification by the Commissioner.

When the strict application of any provision of this article presents practical difficulties or

unusual hardship, the Commissioner in a specific instance may modify the application of such

provision consistent with the general purpose of this article and upon such conditions as, in his or

her opinion are necessary to protect public health.