§ 11-0512 — Possession, sale, barter, transfer, exchange and import of wild animals as pets prohibited

§ 11-0512. Possession, sale, barter, transfer, exchange and import of\n wild animals as pets prohibited.\n 1. It shall be prohibited for any person to:\n a. knowingly possess, harbor, sell, barter, transfer, exchange or\nimport any wild animal for use as a pet in New York state, except as\nprovided in subdivision three of this section; or\n b. intentionally release or set at-large any wild animal, authorized\nby this section for use as a pet, from the location where the animal is\npermitted to be possessed or harbored.\n 2. This section shall not apply to the following persons and entities\nwith respect to wild animals owned or harbored by them solely for a\npurpose other than for use as a pet:\n a. Zoological facilities licensed pursuant to 7 USC. Sec. 2131 et\nseq.;\n b. Exhibitors licensed pursuant to the Animal Welfare Act, 7 USC.\nSections 2132-2134 and reptile exhibitors who have demonstrated to the\ndepartment, in accordance with regulations promulgated by the\ncommissioner, that the sole purpose for which the wild animal or animals\nare used is for exhibition to the public for profit or compensation;\n c. Research facilities as defined in the Animal Welfare Act, 7 USC.\nSection 2132 (e), which are licensed by the United States Secretary of\nAgriculture;\n d. Licensed veterinarians and incorporated humane societies, animal\nshelters, societies for the prevention of cruelty to animals or animal\nwelfare organizations in temporary possession of wild animals;\n e. State universities, private colleges or universities, or state\nagencies working with wild animals;\n f. Wildlife rehabilitators licensed pursuant to the provisions of\nsubdivision three of section 11-0515 of this title and regulations\npromulgated thereunder, who are tending to sick or injured wild animals;\n g. A person having custody of a wild animal solely for the purpose of\ntransporting it to a licensed veterinarian, wildlife rehabilitator,\nhumane society or other entity authorized by this section to handle or\ntreat wild animals;\n h. A wildlife sanctuary as defined in subdivision thirty-two of\nsection 11-0103 of this article;\n i. A person who is not a resident of this state who is in the state\nonly for the purpose of travelling between locations outside the state.\nIn no event shall this time period exceed ten days;\n j. A person who is paralyzed from the neck down who possesses a new\nworld monkey trained to perform tasks for its owner by an organization\ndescribed in section 501(c) of the Internal Revenue Code of 1986 and\ndedicated to improving the quality of life of persons paralyzed from the\nneck down.\n 3. Any person who possesses or harbors a wild animal for use as a pet\nat the time that this section takes effect may retain possession of such\nanimal for the remainder of its life, provided that such person:\n a. Has not been convicted of any offense relating to cruelty to\nanimals or under a judicial order prohibiting possession of animals;\n b. Applies to the department within six months of the effective date\nof this section, and obtains from the department, a license pursuant to\nsubdivision four of this section;\n c. Complies with all applicable federal, state, or local laws,\nincluding any ordinance, rule or regulation adopted by a local board of\nhealth, or any rules and regulations established by the department as\nrequisites for ownership of such wild animal; and\n d. Reports a release to the local police department and animal control\nimmediately upon discovery of the release. Each escape during a twelve\nmonth period of time will subject the possessor to penalties by the\ndepartment pursuant to subdivisions eight and nine of this section.\n 4. The department shall be required to issue licenses authorizing\npossession of wild animals only to those persons who comply with the\nprovisions of subdivision three of this section and with any regulations\npromulgated by the department thereunder. Such licenses shall be valid\nin any jurisdiction within the state where possession of a wild animal\nis not prohibited by local law or ordinance, rule or regulation adopted\nby a local board of health, and shall be renewable biennially during the\nlife of the animal subject to continued compliance with the provisions\nof this section and with any regulations promulgated thereunder. The\ndepartment shall forward copies of such licenses to the clerk of the\ncity, town or village in which each wild animal is harbored.\n a. License applications shall include, but shall not be limited to,\nthe following:\n (1) The name, address and telephone number of the person who owns,\npossesses or harbors the wild animal or animals, including an\nacknowledgment that the person who owns, possesses or harbors the wild\nanimal or animals is twenty-one years of age or older.\n (2) The address of the location where the wild animal or animals will\nbe kept, if different from the above.\n (3) A detailed description of each wild animal owned, possessed or\nharbored, including species, gender, age, any identifying\ncharacteristics, and an identification tag or tattoo if required by the\ndepartment, with proof, acceptable to the department, that each such\nwild animal was acquired prior to the effective date of this section.\n (4) The name, address and telephone number of the veterinarian, who\nhas agreed to treat the wild animal.\n (5) An acknowledgment indicating that the wild animal or animals will\nnot be bred.\n (6) A detailed certification establishing that the location in which\nthe wild animal will be kept complies with all appropriate standards of\ncare and at minimum complies with the standards for animal care set\nforth in the Federal Animal Welfare Act and other applicable federal,\nstate and local standards, including, but not limited to housing,\ntemperature, ventilation, drainage, sanitation, food, water, exercise\nand veterinary care appropriate to the species and sufficient to\nmaintain the wild animal in good health.\n (7) An acknowledgment that the wild animal will not be tied, tethered,\nor chained outdoors, allowed to run at large and that the wild animal\nwill not be brought to any public park or commercial or retail\nestablishment unless it is being brought to a veterinarian or veterinary\nclinic.\n (8) An acknowledgment that possession, harboring or owning such wild\nanimal does not violate any applicable federal, state or local law,\nincluding any ordinance, rule or regulation adopted by a local board of\nhealth.\n b. The department shall set biennial license fees for the possession\nof wild animals pursuant to subdivision three of this section in an\namount determined to be reasonable but not more than one hundred\nseventy-five dollars for two years for each wild animal. License fees\nshall be used solely for the implementation and enforcement of this\nsection.\n 5. The provisions of the state administrative procedure act shall\napply to the denial or revocation of a license.\n 6. Any person in possession of a wild animal as a pet that has been\ngranted a license pursuant to subdivision four of this section shall not\nbreed, or sell, trade, barter or exchange such wild animal.\n 7. A person possessing, owning or harboring a wild animal who is\ndenied a license pursuant to subdivision four of this section, or whose\nlicense is revoked, shall surrender such wild animal to the department\nor an authorized agent thereof at a location designated by the\ndepartment for such surrender or a police or peace officer of this\nstate, a local animal control officer, or a duly incorporated society\nfor the prevention of cruelty to animals, or provide proof that the\nanimal has been humanely euthanized according to American Veterinary\nMedical Association standards by a licensed veterinarian.\n 8. The department, any police or peace officer of this state, a local\nanimal control officer, or a duly incorporated society for the\nprevention of cruelty to animals is hereby authorized to enforce the\nprovisions of this section and issue notices of violation to persons in\nviolation of this section, and shall have the authority to seize any\nwild animal held in violation of this section. A county society for the\nprevention of cruelty to animals must obtain a warrant before seizing a\nwild animal or arresting a person who owns or possesses a wild animal\nunder this section. Wild animals seized or surrendered pursuant to the\nprovisions of this section shall be transferred to a duly incorporated\nwildlife sanctuary as defined in this section, or a zoological facility,\nor shall be humanely euthanized. Any costs associated with seizing,\ntransferring, recapturing or euthanizing a wild animal shall be borne by\nthe person who owned, harbored or possessed the animal. The department\nshall also have the authority to seek injunctive relief in any court of\nappropriate jurisdiction to prevent continued violations of this\nsection.\n 9. Notwithstanding any other provision of law, any person who\nknowingly breeds a wild animal or knowingly possesses, owns, harbors,\nsells, barters, transfers, exchanges, or imports a wild animal for use\nas a pet or intentionally releases or sets at-large any wild animal,\nauthorized by this section for use as a pet, from the location where the\nanimal is permitted to be possessed or harbored in violation of the\nprovisions of this section shall be subject to a penalty of not more\nthan five hundred dollars for the first offense and not more than one\nthousand dollars for a second and subsequent offenses. Each instance of\nbreeding, owning, harboring, sale, barter, release, transfer, exchange,\nor import of a wild animal in violation of this section shall constitute\na separate offense.\n 10. Nothing contained in this section shall prevent any city, town or\ncounty from enacting more restrictive provisions governing the\npossession of wild animals for use as pets.\n