§ 407 — Construction with other laws

New York § 407

• Jurisdiction: New York
• Law AGM: Agriculture & Markets
• Art. 26-A: Care of Animals By Pet Dealers

Text

§ 407. Construction with other laws. Nothing in this article shall be\nconstrued to (a) limit or restrict agents or officers of societies for\nthe prevention of cruelty to animals or the police from enforcing other\nprovisions of article twenty-six of this chapter or any other law\nrelating to the humane treatment of, or cruelty to, animals, (b) limit\nor restrict any municipality from enacting or enforcing any authorized\nlocal law, rule, regulation or ordinance of general application to\nbusinesses governing public health, safety or the rights of consumers,\nor (c) limit or restrict any municipality from enacting or enforcing a\nlocal law, rule, regulation or ordinance governing pet dealers, as such\nterm is defined in this article, including a law, rule, regulation or\nordinance governing the health or safety of animals acquired or\nmaintained by pet dealers, the source of animals sold or offered for\nsale by pet dealers, and the spay or neuter of such animals; provided,\nhowever, that any such local law, rule, regulation or ordinance shall be\nno less stringent than the applicable provisions of this article and may\nnot result in essentially banning all sales of dogs or cats raised and\nmaintained in a healthy and safe manner. Where any penalty may be\nauthorized for the violation of such a local law, rule, regulation or\nordinance, the authorized penalty in such local law, rule, regulation or\nordinance may not exceed a civil penalty of up to five hundred dollars.\nWhere a municipality adopts such a local law, rule, regulation or\nordinance that is more stringent than the applicable provisions of this\narticle, such municipality shall have sole responsibility for\nenforcement of such law, rule, regulation or ordinance that is more\nstringent than the applicable provisions of this article.\n