Bill Text: NY S01489 | 2017-2018 | General Assembly | Introduced


Bill Title: Establishes the "pygmy pig regulation law"; permits the custody, care or control of a pygmy pig; permits one pygmy pig per dwelling in any residential zone; requires a license; imposes civil penalties for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CITIES [S01489 Detail]

Download: New_York-2017-S01489-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1489
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation to establishing the "pygmy pig regulation law"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Chapter 3 of title 17 of the  administrative  code  of  the
     2  city  of  New  York  is amended by adding a new subchapter 10 to read as
     3  follows:
     4                                SUBCHAPTER 10
     5                          PYGMY PIG REGULATION LAW
     6  Section 17-385 Short title.
     7          17-386 Definition.
     8          17-387 Custody, care or control of pygmy pig; residential zone.
     9          17-388 License.
    10          17-389 Additional vaccinations.
    11          17-390 Due care.
    12          17-391 Control of animals affected with rabies.
    13          17-392 Violations.
    14          17-393 Rules and regulations.
    15          17-394 Applicability.
    16    § 17-385 Short title. This subchapter shall be known and may be  cited
    17  as the "pygmy pig regulation law".
    18    § 17-386 Definition.  Whenever  used in this subchapter, the following
    19  term shall have the following meaning: "pygmy pig" means a  pig  or  hog
    20  classified  as  Sus  scrofa  jubatus  Muller,  or Sus scrofa (cristatus)
    21  vittatus, and commonly referred to  as  a  Vietnamese  pot-bellied  pig,
    22  pygmy  pig  or  mini-pig,  which  stands no higher than 22 inches at the
    23  shoulder and weighs no more than 200 pounds.
    24    § 17-387 Custody, care or control of pygmy pig; residential zone.  Not
    25  more  than  one pygmy pig shall be permitted per dwelling for any person
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00750-01-7

        S. 1489                             2
     1  owning or having the custody, care or control of any pygmy  pig  in  any
     2  residential zone.
     3    §  17-388  License.  A  person  owning  or having the custody, care or
     4  control of a pygmy pig shall first  pay  a  fee  and  obtain  an  animal
     5  license  from  the department pursuant to chapter one hundred fifteen of
     6  the laws of eighteen hundred ninety-four, as amended.  No  such  license
     7  shall  be issued unless the person keeping or maintaining a pygmy pig in
     8  a residential area as a pet or for personal use has submitted:  (1)  the
     9  proof  from  a  licensed  veterinarian that the pig has been neutered or
    10  spayed; and (2) has been vaccinated against  pseudo  rabies.  Boars,  or
    11  male  pygmy  pigs,  are  to  be  neutered prior to nine weeks. Gilts, or
    12  female pygmy pigs, are to be spayed prior to six months.
    13    § 17-389 Additional  vaccinations.  The  commissioner  may  promulgate
    14  rules and regulations to require additional vaccinations for pygmy pigs.
    15    § 17-390 Due care. Every person owning or having charge, care, custody
    16  or  control  of any pygmy pig shall exercise due care to prevent the pig
    17  from being stray or roaming on any highway, street, and any other public
    18  place.
    19    § 17-391 Control of animals affected with  rabies.  a.  In  accordance
    20  with  New  York  City  Health  Code  section  11.27, when a pygmy pig is
    21  exposed to the rabies virus, the person who owns, possesses or  controls
    22  the  pig  and  any  other  person having knowledge of the exposure shall
    23  immediately notify the department by telephone.
    24    b. Sections 11.27 and 11.31 of the New York  City  Health  Code  shall
    25  apply  to  pygmy  pigs. Specifically, if any pygmy pig is exposed to the
    26  rabies virus per New York City Health Code section 11.27,  it  shall  be
    27  kept  isolated,  at  the  owner's expense, in a manner prescribed by the
    28  department in a veterinary hospital  or  other  place  approved  by  the
    29  department,  under  daily  veterinary  supervision,  for a period of six
    30  months.
    31    § 17-392 Violations. Any violation of this subchapter or  any  of  the
    32  rules  promulgated hereunder shall upon conviction thereof be punishable
    33  by a fine of not less than two hundred fifty dollars nor more than  five
    34  hundred  dollars.  Civil  violations under this section shall be adjudi-
    35  cated before the department's administrative tribunal.
    36    § 17-393 Rules and  regulations.  The  commissioner  of  health  shall
    37  promulgate  rules  and  regulations in accordance with the provisions of
    38  this chapter, and such other rules and regulations as may  be  necessary
    39  for  the purpose of implementing and carrying out the provisions of this
    40  subchapter.
    41    § 17-394 Applicability. The provisions of this  subchapter  shall  not
    42  supersede  any  existing  lease or rental agreement for any cooperative,
    43  condominium or homeowner association which contains a clause prohibiting
    44  pets.
    45    § 2. This act shall take effect immediately.
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