N.Y. Agriculture & Markets Law § 407: Construction with other laws

§ 407. Construction with other laws. Nothing in this article shall be

construed to (a) limit or restrict agents or officers of societies for

the prevention of cruelty to animals or the police from enforcing other

provisions of article twenty-six of this chapter or any other law

relating to the humane treatment of, or cruelty to, animals, (b) limit

or restrict any municipality from enacting or enforcing any authorized

local law, rule, regulation or ordinance of general application to

businesses governing public health, safety or the rights of consumers,

or (c) limit or restrict any municipality from enacting or enforcing a

local law, rule, regulation or ordinance governing pet dealers, as such

term is defined in this article, including a law, rule, regulation or

ordinance governing the health or safety of animals acquired or

maintained by pet dealers, the source of animals sold or offered for

sale by pet dealers, and the spay or neuter of such animals; provided,

however, that any such local law, rule, regulation or ordinance shall be

no less stringent than the applicable provisions of this article and may

not result in essentially banning all sales of dogs or cats raised and

maintained in a healthy and safe manner. Where any penalty may be

authorized for the violation of such a local law, rule, regulation or

ordinance, the authorized penalty in such local law, rule, regulation or

ordinance may not exceed a civil penalty of up to five hundred dollars.

Where a municipality adopts such a local law, rule, regulation or

ordinance that is more stringent than the applicable provisions of this

article, such municipality shall have sole responsibility for

enforcement of such law, rule, regulation or ordinance that is more

stringent than the applicable provisions of this article.