Int. No. 772
By Council Members Johnson, Crowley, Dromm, Vallone, Van Bramer, Kallos and Levin
A Local Law to amend the administrative code of the city of New York, in relation to technical changes to certain pet shop requirements, as added by local laws 6 and 8 for the year 2015.
Be it enacted by the Council as follows:
Section 1. Section 17-815 of the administrative code of the city of New York, as added by local law 8 for the year 2015, is amended to read as follows:
§ 17-815 Microchipping required. a. No pet shop[,] or animal rescue group [or non-profit rescue group] shall release a dog or cat to a purchaser or adopter unless:
(1) such animal has been implanted with a microchip as a permanent identification [by a licensed veterinarian];
(2) such pet shop[,] or animal rescue group[, or non-profit rescue group] has registered such animal's microchip with such purchaser's contact information with a bona fide pet microchip registration company; and
(3) such pet shop[,] or animal rescue group [or non-profit rescue group] has provided such purchaser with (i) usage instructions for such microchip provided by the manufacturer of such microchip or the company with which such microchip is registered and (ii) written certification of compliance with paragraphs one and two of this subdivision, signed by such purchaser as acknowledgement of receipt, in a form and manner set forth in rules promulgated by the department.
b. Every pet shop[,] and animal rescue group [or non-profit rescue group] shall retain for a period of ten years from the date of sale of any dog or cat, a copy of the certification signed by the purchaser required by paragraph three of subdivision a of this section.
c. A pet shop that allows an animal shelter or [non-profit] animal rescue group to use such pet shop's premises for the purpose of making animals available for adoption shall be exempt from the requirements of subdivisions a and b of this section with respect to such animals, provided such pet shop does not have an ownership interest in any of the animals that are being made available for adoption, and the pet shop does not derive a fee for providing such adoption services.
§ 2. Subdivision c of section 17-1601 of the administrative code of the city of New York, as amended by local law 6 for the year 2015, is amended to read as follows:
c. "Animal rescue group" [shall mean a not-for-profit organization duly incorporated in the state of New York that accepts unwanted animals from an animal shelter or other place and attempts to find homes for, and promote adoption of, such animals by the general public] has the same meaning as such term is defined in section 17-802 of chapter eight of this title.
§ 3. Subdivision c of section 17-1605 of the administrative code of the city of New York, as added by local law number 6 for the year 2015, is amended to read as follows:
c. A pet shop that allows an animal shelter or animal rescue group to use such pet shop's premises for the purpose of making animals available for adoption shall be exempt from the requirements of subdivisions a and b of this section with respect to such animals, provided such pet shop does not have an ownership interest in any of the animals that are made available for adoption.
§ 4. Severability. If any portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this local law, which remaining portions shall continue in full force and effect.
§ 5. This local law shall take effect on June 1, 2015, except that the commissioner shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, prior to such effective dates.
JHC
LS# 4353
4/16/15 3:01 p.m.