Int. No. 1477
By Council Members Brannan, the Speaker (Council Member Johnson), Rosenthal, Holden and Lander
A Local Law to amend the administrative code of the city of New York, in relation to the prohibition of non-therapeutic, elective or convenience declawing of healthy cats and kittens
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 17 of the administrative code of the city of New York is amended by adding a new section 17-199.11 to read as follows:
§ 17-199.11 Declawing of cats prohibited. a. Definitions. For the purposes of this chapter, the following terms have the following meanings:
Cat. The term “cat” includes kitten.
Declaw procedure. The term “declaw procedure” means an onychectomy, phalangectomy or tendonectomy of a cat.
Medically necessary. The term “medically necessary” means a procedure is necessary to treat or relieve physical illness, infection, disease or injury, or to correct a congenital abnormality that is causing or will cause a cat physical harm or pain. Such term does not include cosmetic or aesthetic reasons or reasons of convenience in keeping or handling the cat.
b. No person shall perform any declaw procedure that is not medically necessary.
c. Any declaw procedure that is not prohibited by subdivision b shall be subject to the following requirements:
1. The procedure shall performed by a licensed veterinarian; and
2. Anesthesia shall administered to the cat during the declaw procedure.
d. Any person who performs a declaw procedure in violation of subdivision b or c of this section shall be subject to a civil penalty of not less than $500 and not more than $700 for each such procedure performed.
e. A veterinarian who is found to have performed a declaw procedure in violation of this section shall be reported by the commissioner to the state department of education and board of regents for disciplinary action due to unprofessional conduct pursuant to paragraph (1) of subdivision (b) of section 29.1 of title 8 of the New York codes, rules and regulations or any other applicable provision of such section or a successor provision.
§ 2. This local law takes effect 120 days after it becomes law, except that the commissioner of health and mental hygiene may take all actions necessary for its implementation, including the promulgation of rules, before such effective date.
JG
LS # 5710
01/30/19 10:38 AM