N.Y. Agriculture & Markets Law § 377-a: Spaying and neutering of dogs and cats

§ 377-a. Spaying and neutering of dogs and cats. 1. The legislature

finds that the uncontrolled breeding of dogs and cats in the state

results in an overabundance of puppies and kittens. More puppies and

kittens are produced than responsible homes for them can be provided.

This leads to many of such animals becoming stray and suffering

privation and death, being impounded and destroyed at great expense to

the community and constituting a public nuisance and health hazard. It

is therefore declared to be the public policy of New York state that

every feasible humane means of reducing the production of unwanted

puppies and kittens be encouraged.

2. No animal shelter, pound, dog control officer, humane society, dog

or cat protective association, or duly incorporated society for the

prevention of cruelty to animals shall release any dog or cat for

adoption to any person unless prior thereto:

(a) the dog or cat has been spayed or neutered; or

(b) the person intending to adopt the dog or cat shall have executed a

written agreement with the animal shelter, pound, dog control officer,

humane society, dog or cat protective association, or duly incorporated

society for the prevention of cruelty to animals, to have the dog or cat

spayed or neutered within thirty days from the adoption date, or in the

case of a dog or cat which has not yet reached sexual maturity, within

thirty days of the dog or cat reaching six months of age. The person

intending to adopt the dog or cat shall deposit with the animal shelter,

pound, dog control officer, humane society, dog or cat protective

association, or duly incorporated society for the prevention of cruelty

to animals, an amount of not less than thirty-five dollars. Not more

than every two years, the commissioner, after holding a public hearing,

may raise the amount to be deposited to reflect rising costs; or

(c) the person intending to adopt the dog or cat shall have executed a

written agreement with the animal shelter, pound, dog control officer,

humane society, dog or cat protective association or society for the

prevention of cruelty to animals to have the dog or cat spayed or

neutered within thirty days from the adoption date, or in the case of a

dog or cat which has not yet reached sexual maturity, within thirty days

of the dog or cat reaching six months of age. The person intending to

adopt the dog or cat shall have paid an adoption fee which includes the

cost of the spay or neuter procedure. The written agreement shall

require that the animal shelter, pound, dog control officer, humane

society, dog or cat protective association or society for the prevention

of cruelty to animals from which the dog or cat is adopted bear the cost

of the spay or neuter procedure.

3. For the purposes of this section, the age of the animal at the time

of adoption shall be determined by the animal shelter, pound, dog

control officer, humane society, dog or cat protective association, or

duly incorporated society for the prevention of cruelty to animals that

releases the animal for adoption and such age shall be clearly written

on the written agreement by the animal shelter, pound, dog control

officer, humane society, dog or cat protective association, or duly

incorporated society for the prevention of cruelty to animals, prior to

the agreement being executed by the person adopting the animal.

4. Any deposit collected pursuant to paragraph (b) of subdivision two

of this section that is not claimed within ninety days of its

collection, or if the deposit is for an animal under six months of age,

within sixty days after the animal has reached six months of age, shall

be deposited in the animal population control fund established pursuant

to section ninety-seven-xx of the state finance law.

Deposits collected pursuant to paragraph (b) of subdivision two of

this section shall be refunded to the adopter upon presentation to the

animal shelter, pound, dog control officer, humane society, dog and cat

protective association, or duly incorporated society for the prevention

of cruelty to animals of written documentation from a licensed

veterinarian that the dog or cat has been spayed or neutered, provided

that the animal has been spayed or neutered within the time specified in

the written agreement, or that because of old age or other health

reasons, as certified by a licensed veterinarian examining the dog or

cat, spaying or neutering would endanger the animal's life.

5. Nothing contained in this section shall prevent any town, city,

village or county in New York state from enacting a local law or

ordinance requiring that animal shelters, pounds, dog control officers,

humane societies, dog or cat protective associations and duly

incorporated societies for the prevention of cruelty to animals within

such town, city, village or county spay or neuter dogs and cats prior to

releasing such animals for adoption, provided that such local law or

ordinance may require spaying or neutering at an age earlier, but in no

event later than that required in this section, except where because of

advanced age or other health reasons, as certified by a licensed

veterinarian who has examined the dog or cat, spaying or neutering would

endanger the life of the animal. A town, city, village or county in New

York state that enacts such a local law or ordinance shall be exempt

from the provisions of this section.