Section 377-A. Spaying and neutering of dogs and cats

1. The legislature
  finds that the uncontrolled breeding of  dogs  and  cats  in  the  state
  results  in  an  overabundance  of puppies and kittens. More puppies and
  kittens are produced than responsible homes for them  can  be  provided.
  This  leads  to  many  of  such  animals  becoming  stray  and suffering
  privation and death, being impounded and destroyed at great  expense  to
  the  community  and constituting a public nuisance and health hazard. It
  is therefore declared to be the public policy of  New  York  state  that
  every  feasible  humane  means  of  reducing  the production of unwanted
  puppies and kittens be encouraged.
    2. No animal shelter, pound, dog control officer, humane society,  dog
  or  cat  protective  association,  or  duly incorporated society for the
  prevention of cruelty to animals  shall  release  any  dog  or  cat  for
  adoption to any person unless prior thereto:
    (a) the dog or cat has been spayed or neutered; or
    (b) the person intending to adopt the dog or cat shall have executed a
  written  agreement  with the animal shelter, pound, dog control officer,
  humane society, dog or cat protective association, or duly  incorporated
  society for the prevention of cruelty to animals, to have the dog or cat
  spayed  or neutered within thirty days from the adoption date, or in the
  case of a dog or cat which has not yet reached sexual  maturity,  within
  thirty  days  of  the  dog or cat reaching six months of age. The person
  intending to adopt the dog or cat shall deposit with the animal shelter,
  pound, dog control  officer,  humane  society,  dog  or  cat  protective
  association,  or duly incorporated society for the prevention of cruelty
  to animals, an amount of not less than  thirty-five  dollars.  Not  more
  than  every two years, the commissioner, after holding a public hearing,
  may raise the amount to be deposited to reflect rising costs; or
    (c) the person intending to adopt the dog or cat shall have executed a
  written agreement with the animal shelter, pound, dog  control  officer,
  humane  society,  dog  or  cat protective association or society for the
  prevention of cruelty to animals to  have  the  dog  or  cat  spayed  or
  neutered  within thirty days from the adoption date, or in the case of a
  dog or cat which has not yet reached sexual maturity, within thirty days
  of the dog or cat reaching six months of age. The  person  intending  to
  adopt  the dog or cat shall have paid an adoption fee which includes the
  cost of the spay  or  neuter  procedure.  The  written  agreement  shall
  require  that  the  animal  shelter,  pound, dog control officer, humane
  society, dog or cat protective association or society for the prevention
  of cruelty to animals from which the dog or cat is adopted bear the cost
  of the spay or neuter procedure.
    3. For the purposes of this section, the age of the animal at the time
  of adoption shall be  determined  by  the  animal  shelter,  pound,  dog
  control  officer,  humane society, dog or cat protective association, or
  duly incorporated society for the prevention of cruelty to animals  that
  releases  the  animal for adoption and such age shall be clearly written
  on the written agreement by  the  animal  shelter,  pound,  dog  control
  officer,  humane  society,  dog  or  cat protective association, or duly
  incorporated society for the prevention of cruelty to animals, prior  to
  the agreement being executed by the person adopting the animal.
    4.  Any deposit collected pursuant to paragraph (b) of subdivision two
  of  this  section  that  is  not  claimed  within  ninety  days  of  its
  collection,  or if the deposit is for an animal under six months of age,
  within sixty days after the animal has reached six months of age,  shall
  be  deposited in the animal population control fund established pursuant
  to section ninety-seven-xx of the state finance law.
    Deposits collected pursuant to paragraph (b)  of  subdivision  two  of
  this  section  shall be refunded to the adopter upon presentation to the

  animal shelter, pound, dog control officer, humane society, dog and  cat
  protective  association, or duly incorporated society for the prevention
  of  cruelty  to  animals  of  written  documentation  from  a   licensed
  veterinarian  that  the dog or cat has been spayed or neutered, provided
  that the animal has been spayed or neutered within the time specified in
  the written agreement, or that  because  of  old  age  or  other  health
  reasons,  as  certified  by a licensed veterinarian examining the dog or
  cat, spaying or neutering would endanger the animal's life.
    5. Nothing contained in this section shall  prevent  any  town,  city,
  village  or  county  in  New  York  state  from  enacting a local law or
  ordinance requiring that animal shelters, pounds, dog control  officers,
  humane   societies,   dog   or  cat  protective  associations  and  duly
  incorporated societies for the prevention of cruelty to  animals  within
  such town, city, village or county spay or neuter dogs and cats prior to
  releasing  such  animals  for  adoption, provided that such local law or
  ordinance may require spaying or neutering at an age earlier, but in  no
  event  later than that required in this section, except where because of
  advanced age or  other  health  reasons,  as  certified  by  a  licensed
  veterinarian who has examined the dog or cat, spaying or neutering would
  endanger  the life of the animal. A town, city, village or county in New
  York state that enacts such a local law or  ordinance  shall  be  exempt
  from the provisions of this section.