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§ 161.01. Wild animals prohibited. [FN1]
(a) No person shall sell or give to another person, possess, harbor or keep wild animals identified in subsection (b) of this section or in regulations promulgated by the Commissioner pursuant to subsection (e) of this section other than in:
(1) A zoological park or aquarium operated by the Department of Parks, by the Wildlife Conservation Society, or by the Staten Island Zoological Society; or
(2) A laboratory operated pursuant to § 504 of the Public Health Law; or
(3) A circus or native wildlife rehabilitator licensed by federal or state agencies; or
(4) A place which has received the approval of the Department to exhibit or use such
animals, and which has protective devices which are adequate to prevent such animal from escaping or injuring the public. The Department may impose reasonable conditions and time limits on the granting of such approval.
(b) For the purposes of this Code, wild animals are deemed to be any animals which are naturally inclined to do harm and capable of inflicting harm upon human beings and are hereby prohibited pursuant to subsection (a). Such animals shall 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 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 offspring of a wild cat and domesticated 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 suri- cate.
(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; 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, bee, hornet and wasp.
(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, 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, giraffe and hippopotamus.
(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.
(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).
(c) In addition to domesticated dogs and cats, an animal may be kept, possessed, harbored or 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.
§ 161.03. Control of dogs and other animals to prevent nuisance.
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.
§ 161.04. Dog Licenses.
(a) 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.
(b) 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 §§ 109 and 112 of the Agriculture and Markets Law.
§ 161.05. Dogs to be restrained.
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 chain not more than six feet long.
§ 161.07. Vicious or dangerous animals.
(a) A "vicious or dangerous animal"' shall mean any animal other than one properly registered pursuant to § 161.09(k) hereof, which menaces, threatens, attacks or bites a person. A Department record of a report made pursuant to § 11.03 shall be prima facie evidence that the animal is vicious or dangerous.
(b) The owner of a dog or other animal which is the subject of a report pursuant to § 11.03 or of a complaint of viciousness or dangerousness shall make such animal available for examination by the Department.
(c) If, upon examination of the animal, or consideration of its history of the circumstances of the report made pursuant to § 11.03, or the complaint concerning said animal, the Department finds the animal to be vicious or dangerous, it may order:
(1) The animal to be surrendered for the purpose of humane destruction;
(2) The animal to be permanently removed from the City;
(3) The animal to be muzzled whenever the animal is in a public place or in any open or unfenced area abutting on a public place;
(4) Such other action as the Department deems sufficient to insure control of the animal and protection of the public.
(d) 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 pursuant to § 161.09(k), 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 subsection (c) hereof.
(e) Whenever the Department finds a dog or other animal to be vicious or dangerous under subsection (c) hereof, it shall be presumed that the owner or keeper trained, caused or permitted such animal to be vicious or dangerous, so as to establish a prima facie maintenance of a nuisance in violation of § 3.11 of this Code.
(f) An animal which is vicious or uncontrolled may be impounded by a peace officer or killed if capture is dangerous.
§ 161.19. Keeping of live poultry and rabbits.
(a) No person shall keep a live rooster, duck, goose or turkey in a built-up portion of the City.
(b) A person who holds a permit to keep for sale or sell live rabbits or poultry shall keep them in coops and runways and prevent them from being at large. Coops shall be whitewashed or otherwise treated in a manner approved by the Department at least once a year and at such other times as the Department may direct in order to keep them clean. Coops, runways and the surrounding area shall be kept clean.
§ 11.66. Rabies: compulsory vaccination.
(a) Any person who owns or harbors in New York City, a dog or cat three months of age or older, other than a dog or cat meeting the requirements of subparagraph (d), shall havesuch animal actively immunized against rabies. Actively immunized shall mean injection of a rabies vaccine which meets the standards prescribed by the United States Department of Agriculture for interstate sale and administered according to the manufacturer's instructions under the direction of a duly licensed veterinarian.
(b) The veterinarian either administering the vaccine or responsible for supervising the vaccination, shall give to the dog or cat's owner a rabies vaccination certificate. Within five days of performing a vaccination, the veterinarian shall report such vaccination to the Department by forwarding to the Department a form designed by the Commissioner. In the case of a dog or cat whose health would be adversely affected as a result of a vaccination, the veterinarian shall give to the dog or cat's owner a signed and dated statement indicating this. In addition, the veterinarian shall, on a form designed by the Commissioner, report this information to the Department within five days of having determined that the administration of a vaccine would adversely affect the health of the dog or cat.
(c) The rabies vaccination certificate and the form designed by the Commissioner to be forwarded to the Department, shall be dated and signed by the veterinarian and shall include the following information: a description of the dog or cat, its age, color, sex, and breed; the dog's license number; the name and address of the owner; whether the dog or cat was vaccinated or exempted from vaccination by reason of the adverse effect such vaccination would have on the health of such dog or cat, and, if vaccinated, the type of vaccine injected, its duration of immunity, the amount and manner of injection, the name of the manufacturer, and the lot number and expiration date of the vaccine. The vaccination certificate shall be effective for the duration of immunity. Upon the expiration of the certificate, the owner shall have his/her dog or cat revaccinated in accordance with this section.
(d) Active immunization against rabies shall not be required for dogs or cats owned by a non-resident, while passing through New York City for a period not exceeding fifteen days, if entered in any exhibition at any dog or cat show therein, and if confined and in immediate charge of the exhibitor, or for dogs or cats actually confined to the premises of incorporated societies, devoted to the care or hospital treatment of lost, strayed or homeless animals, or confined to the premises of public or private hospitals devoted to the treatment of sick animals, or confined for the purposes of research to the premises of colleges or other educational or research institutions, or for dogs or cats actually confined to the premises of a person, firm or corporation actually engaged in the business of breeding or raising dogs or cats for profit and are so licensed as a class A dealer under the Federal Laboratory Animal Welfare Act or if such vaccination would adversely affect the health of the dog or cat as determined by a duly licensed veterinarian.
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Finding pet-friendly housing is no easy task, especially in New York City. However, there are a few things that pet owners can do to make looking for housing, for you and your pet to share, a little less daunting.
Here are some tips to help make finding a pet-friendly place to live a little easier:
Start by looking at websites that offer pet-friendly housing in New York City.
www.apartmentguide.com
www.apartmentworld.com
www.apartments.com
www.aptsforrent.com
www.peoplewithpets.com
www.rent.net
www.homeproperties.com
www.nycdoglife.com
Contact realtors and rental agencies before your lease expires and let them know that you are looking for pet-friendly housing. This will make it easier for the realtor to match you and your pet with the perfect apartment.
Search in newspapers for ads that say "pets allowed."
You must sell yourself as a responsible pet owner. Offer proof of this to the landlord, with a letter of reference from your current landlord verifying that you are a responsible pet owner or a letter from your veterinarian stating that your pet receives proper medical care.
You can arrange to have the landlord meet your pet so he can see that your pet is properly trained and will not be destructive or a nuisance to the other residents of the building.
Get it in writing that your landlord has agreed to allow you to keep a pet in your new apartment.
Do not try to sneak your pet into your new apartment. This could get you and your pet kicked out.
If you already live in an apartment with your pet and your landlord is trying to evict you because of it, you may have certain rights under the NYC Administrative Code. In certain cases, the law prevents a landlord from evicting a tenant because of a pet if the tenant has had the pet for at least 90 days. Consult an attorney to discuss your rights under this law.
Pet Ownership in Public Housing
The Department of Housing and Urban Development ("HUD") has established rules to permit public housing residents to own pets, subject to reasonable rules that the public housing agency may establish.
Public housing residents may own common household pets if they maintain each pet responsibly, in accordance with applicable state and local public health, animal control and animal anti-cruelty laws and regulations, and in accordance with the policies established in the Public Housing Agency (PHA) Plan. Consult your local PHA to find out more about these new rules.
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Most people do not associate New York City with wildlife. That is unfortunate, because New York City is home to many wild species, including some rare (raptors, waterfowl, Redtail Hawks, Loons, Owls, turtles, amphibians), endangered (Clover Piper) and threatened (Peregrines) species.
Not understanding our natural wildlife heritage can lead to negatively reacting to wild life encounters.
Rather than grabbing a camera to take advantage of these rare Kodak moments, some people think that any wildlife contact requires the animal to be relocated or exterminated. This is not the case. Humans and animals can co-exist peacefully in an urban environment, but this requires greater understanding on our part.
Often people think all injured or sick wildlife should be rescued and saved. It is difficult for some people raised in the city to understand the natural cycle of life, and how that interrupting this cycle can have a negative impact despite our best intentions.
AC&C only responds to wildlife calls for two reasons. 1) The animal represents a significant risk to humans, or 2) The animal is a sick or injured and is on the federal endangered species list.
Most sick birds are of interest to the Department of Health during the summer months for tracking the West Nile Virus. The Department of Health should be called to pick up dead birds, they are also available by dialing 3-1-1.
For helpful ways to address wildlife concerns, please look at these websites to better understand how to safeguard yourself and family while protecting the indigenous wildlife in New York.
The Fund for Animals Humane Society of United States
Animal Help
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§27-2009.1.
Rights and responsibilities of owners and tenants in relation to pets
a. Legislative declaration. The council hereby finds that the enforcement of covenants contained in multiple dwelling leases which prohibit the harboring of household pets has led to widespread abuses by building owners or their agents, who knowing that a tenant has a pet for an extended period of time, seek to evict the tenant and/or his or her pet often for reasons unrelated to the creation of a nuisance. Because household pets are kept for reasons of safety and companionship and under the existence of a continuing housing emergency it is necessary to protect pet owners from retaliatory eviction and to safeguard the health, safety and welfare of tenants who harbor pets under the circumstances provided herein, it is hereby found that the enactment of the provisions of this section is necessary to prevent potential hardship and dislocation of tenants within this city.
b. Where a tenant in a multiple dwelling openly and notoriously for a period of three months or more following taking possession of a unit, harbors or has harbored a household pet or pets, the harboring of which is not prohibited by the multiple dwelling law, the housing maintenance or the health codes of the city of New York or any other applicable law, and the owner or his or her agent has knowledge of this fact, and such owner fails within this three month period to commence a summary proceeding or action to enforce a lease provision prohibiting the keeping of such household pets, such lease provision shall be deemed waived.
c. It shall be unlawful for an owner or his or her agent, by express terms or otherwise, to restrict a tenant's rights as provided in this section. Any such restriction shall be unenforceable and deemed void as against public policy.
d. The waiver provision of this section shall not apply where the harboring of a household pet causes damage to the subject premise, creates a nuisance or interferes substantially with the health, safety or welfare of other tenants or occupants of the same or adjacent building or structure.
e. The New York city housing authority shall be exempt from the provisions of this section.
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Many laws relating to animals govern the interaction between humans and animals. Some relate to public health and safety describing how a person should behave to ensure that their pet does not cause harm or injury to others in the community. Others prohibit certain types of conduct towards animals, often referred to as humane laws.
Below is an excerpt from NY State and City law regarding Humane treatment of animals.
§ 351. Prohibition of animal fighting
1. For purposes of this section, the term "animal fighting" shall mean any fight between cocks or other birds, or between dogs, bulls, bears or any other animals, or between any such animal and a person or persons, except in exhibitions of a kind commonly featured at rodeos.
2. Any person who engages in any of the following conduct is guilty of a felony and is punishable by imprisonment for a period not to exceed four years, or by a fine not to exceed twenty-five thousand dollars, or by both such fine and imprisonment:
(a) For amusement or gain, causes any animal to engage in animal fighting; or
(b) Trains any animal under circumstances evincing an intent that such animal engage in animal fighting for amusement or gain; or
(c) Permits any act described in paragraph (a) or (b) of this subdivision to occur on premises under his control; or
(d) Owns, possesses or keeps any animal trained to engage in animal fighting on premises where an exhibition of animal fighting is being conducted under circumstances evincing an intent that such animal engage in animal fighting.
3. (a) Any person who engages in conduct specified in paragraph (b) of this subdivision is guilty of a misdemeanor and is punishable by imprisonment for a period not to exceed one year, or by a fine not to exceed fifteen thousand dollars, or by both such fine and imprisonment.
(b) The owning, possessing or keeping of any animal under circumstances evincing an intent that such animal engage in animal fighting.
4. (a) Any person who engages in conduct specified in paragraph (b) hereof is guilty of a misdemeanor and is punishable by imprisonment for a period not to exceed one year, or by a fine not to exceed one thousand dollars, or by both such fine and imprisonment.
(b) The knowing presence as a spectator having paid an admission fee or having made a wager at any place where an exhibition of animal fighting is being conducted.
§ 353. Overdriving, torturing and injuring animals; failure to provide proper sustenance
A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who wilfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both.
Nothing herein contained shall be construed to prohibit or interfere with any properly conducted scientific tests, experiments or investigations, involving the use of living animals, performed or conducted in laboratories or institutions, which are approved for these purposes by the state commissioner of health. The state commissioner of health shall prescribe the rules under which such approvals shall be granted, including therein standards regarding the care and treatment of any such animals. Such rules shall be published and copies thereof conspicuously posted in each such laboratory or institution. The state commissioner of health or his duly authorized representative shall have the power to inspect such laboratories or institutions to insure compliance with such rules and standards. Each such approval may be revoked at any time for failure to comply with such rules and in any case the approval shall be limited to a period not exceeding one year.
§ 353-a. Aggravated cruelty to animals
1. A person is guilty of aggravated cruelty to animals when, with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty. For purposes of this section, "aggravated cruelty" shall mean conduct which: (i) is intended to cause extreme physical pain; or (ii) is done or carried out in an especially depraved or sadistic manner.
2. Nothing contained in this section shall be construed to prohibit or interfere in any way with anyone lawfully engaged in hunting, trapping, or fishing, as provided in article eleven of the environmental conservation law, the dispatch of rabid or diseased animals, as provided in article twenty-one of the public health law, or the dispatch of animals posing a threat to human safety or other animals, where such action is otherwise legally authorized, or any properly conducted scientific tests, experiments, or investigations involving the use of living animals, performed or conducted in laboratories or institutions approved for such purposes by the commissioner of health pursuant to section three hundred fifty-three of this article.
3. Aggravated cruelty to animals is a felony. A defendant convicted of this offense shall be sentenced pursuant to paragraph (b) of subdivision one of section 55.10 of the penal law provided, however, that any term of imprisonment imposed for violation of this section shall be a definite sentence, which may not exceed two years.
§ 354. Sale of baby chicks and baby rabbits
1. No person shall sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl or baby rabbits unless such person provides proper brooder facilities where appropriate for the care of such baby chicks, ducklings or other fowl or baby rabbits during the time they are in the possession of such person. For the purposes of this section, a baby rabbit shall be a rabbit of less than two months of age.
2. No person shall sell, offer for sale, barter or display living baby chicks, ducklings or other fowl or baby rabbits which have been dyed, colored or otherwise treated so as to impart to them an artificial color.
2-a. No provision of subdivision two shall be interpreted or applied to prevent or restrict teachers and qualified instructors of youth under the guidance and supervision of the New York state cooperative extension service from using eggs for non-profit educational purposes or from observing fowl hatched from such eggs for non-profit educational purposes.
3. No person shall sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl or baby rabbits under two months of age in any quantity less than six.
4. A violation of the provisions of this section is a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both.
§ 331. Abandonment of certain animals
An animal is deemed to be abandoned when it is placed in the custody of a veterinarian, veterinary hospital, boarding kennel owner or operator, stable owner or operator, or any other person for treatment, board, or care and:
1. Having been placed in such custody for a specified period of time the animal is not removed at the end of such specified period and a notice to remove the animal within ten days thereafter has been given to the person who placed the animal in such custody, by means of registered letter mailed to the last known address of such person, or:
2. Having been placed in such custody for an unspecified period of time the animal is not removed within twenty days after notice to remove the animal has been given to the person who placed the animal in such custody, by means of a registered letter mailed to the last known address of such person.
3. The giving of notice as prescribed in this section shall be deemed a waiver of any lien on the animal for the treatment, board or care of the animal but shall not relieve the owner of the animal removed of his contractual liability for such treatment, board or care furnished.
§ 360. Poisoning or attempting to poison animals
A person who unjustifiably administers any poisonous or noxious drug or substance to a horse, mule or domestic cattle or unjustifiably exposes any such drug or substance with intent that the same shall be taken by horse, mule or by domestic cattle, whether such horse, mule or domestic cattle be the property of himself or another, is guilty of a felony. A person who unjustifiably administers any poisonous or noxious drug or substance to an animal, other than a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by an animal other than a horse, mule or domestic cattle, whether such animal be the property of himself or another, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both.
§ 362. Throwing substance injurious to animals in public place
A person who wilfully throws, drops or places, or causes to be thrown, dropped or placed upon any road, highway, street or public place, any glass, nails, pieces of metal, or other substance which might wound, disable or injure any animal is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both.
§ 363. Unauthorized possession of dogs presumptive evidence of larceny
The unauthorized possession of a dog or dogs, by any person not the true owner, for a period exceeding ten days, without notifying either the owner, the local police authorities, or the superintendent of the state police at Albany, New York, of such possession, shall be presumptive evidence of larceny.
§ 365. Clipping or cutting the ears of dogs
1. Whoever clips or cuts off or causes or procures another to clip or cut off the whole or any part of an ear of any dog unless an anaesthetic shall have been given to the dog and the operation performed by a licensed veterinarian, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or a fine of not more than one thousand dollars, or by both.
2. The provisions of this section shall not apply to any dog or person who is the owner or possessor of any dog whose ear or a part thereof has been clipped or cut off prior to September first, nineteen hundred twenty-nine.
3. Each applicant for a dog license must state on such application whether any ear of the dog for which he applies for such license has been cut off wholly or in part.
4. Nothing herein contained shall be construed as preventing any dog whose ear or ears shall have been clipped or cut off wholly or in part, not in violation of this section, from being imported into the state exclusively for breeding purposes.
§ 366. Dog stealing
It shall be unlawful for any person:
1. To remove or cause to be removed the collar, identification tag or any other identification by which the owner may be ascertained from any dog, cat or any other domestic animal as defined in subdivision seven of section one hundred eight of this chapter, or to entice any identified dog, cat or other such domestic animal into or out of any house or enclosure for the purpose of removing its collar, tag or any other identification, except with the owner's permission;
2. To entice, seize or molest any dog, while it is being held or led by any person or while it is properly muzzled or wearing a collar with an identification tag attached, except where such action is incidental to the enforcement of some law or regulation;
3. To transport any dog, not lawfully in his possession, for the purpose of killing or selling such dog.
Any person violating any of the provisions of this section, upon conviction thereof, shall be punished by a fine not exceeding two hundred dollars, or by imprisonment not to exceed six months, or by both.
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