Section 17-804. Sterilization required  


Latest version.
  • a. No full-service shelter or other
      shelter for homeless animals required to have a permit  issued  pursuant
      to  subdivision  (b)  of section 161.09 of the New York city health code
      shall release a dog or cat to a person claiming ownership thereof, or to
      a person adopting such dog or cat, unless  such  dog  or  cat  has  been
      sterilized  by  a  licensed  veterinarian;  provided, however, that such
      requirement shall not apply:
        (1) if a licensed veterinarian certifies to such shelter  that  he  or
      she  has  examined  such  dog or cat and found that because of a medical
      reason,  the  life  of  such  dog  or  cat  would   be   endangered   by
      sterilization;  provided,  however,  that  such reason shall not consist
      solely of the youth of such dog or cat, if such dog or cat is  at  least
      eight weeks of age;
        (2) in the case of a dog, if such dog, within the time period provided
      for  by  law,  rule  or  regulation,  is  claimed  by  a person claiming
      ownership thereof, and such person demonstrates to the  satisfaction  of
      the shelter that such dog has a breed ring show record from the American
      Kennel   Club   or   United  Kennel  Club  or  other  similar,  registry
      association, dated no more than twelve months prior to the date such dog
      entered such shelter, or such  person  claiming  ownership  is  able  to
      provide  proof that such dog has successfully completed the requirements
      of the American Kennel Club or United  Kennel  Club  or  other  similar,
      registry  association,  for the title Champion or its equivalent, at any
      time prior to the arrival of the dog at the shelter;
        (3) in the case of a dog, if such dog, within the time period provided
      for by law,  rule  or  regulation,  is  claimed  by  a  person  claiming
      ownership  thereof,  and such person demonstrates to the satisfaction of
      the shelter that such dog is a guide dog, hearing dog,  service  dog  or
      police work dog; or
        (4)  in the case of a cat, if such cat within the time period provided
      for by law,  rule  or  regulation,  is  claimed  by  a  person  claiming
      ownership  thereof,  and such person demonstrates to the satisfaction of
      such shelter that such cat has a breed show record from the Cat  Fancier
      Association  or  other  similar, registry association dated no more than
      twelve months prior to the date such cat entered such  shelter  or  such
      person  claiming  ownership  is  able to provide proof that such cat has
      successfully completed the requirements of the Cat  Fancier  Association
      or  other  similar,  registry  association for the title Champion, Grand
      Champion or its equivalent, at any time prior to the arrival of the  cat
      at the shelter.
        b.  No  pet shop shall release to a consumer a dog or cat that has not
      been sterilized by a licensed veterinarian; provided, however, that such
      requirement shall not apply to a consumer who presents to the pet shop a
      letter from such consumer's  licensed  veterinarian,  dated  within  the
      immediately  preceding  ten  days,  stating  the  reason(s)  why, in the
      opinion of such veterinarian, such dog or cat should not  be  sterilized
      until  a  later  specified date, not to exceed four months following the
      date of such letter. Such letter shall state that such veterinarian will
      cause such dog or cat to be sterilized at the request of  such  consumer
      on  or  before  such  later specified date. Such veterinarian shall also
      provide to the pet shop a  certificate,  in  such  form  and  manner  as
      determined  by  rules promulgated by the department, stating the date on
      which such sterilization was performed. Any consumer who provides a  pet
      shop with a letter with respect to a later sterilization of a dog or cat
      must  ensure that such animal is sterilized by the date indicated in the
      letter.
        c. Every pet  shop,  in  accordance  with  rules  promulgated  by  the
      department,  shall  maintain records of dog and cat sales, sterilization
    
      procedures performed at the request of the pet  shop,  and  veterinarian
      letters  and  certificates  received,  and  shall  retain  such records,
      letters and certificates for  a  period  of  two  years.  Such  records,
      letters  and  certificates  shall  be  made  available to the department
      according to rules promulgated by the department.