N.Y. Agriculture & Markets Law § 425: Animal housing

§ 425. Animal housing. 1. Each licensed animal shelter shall provide

each animal in its custody or possession with a suitable primary

enclosure that meets the requirements prescribed in this section.

2. Unsupervised tethering for periods exceeding thirty minutes is

prohibited.

3. Animal housing shall meet the following requirements:

(a) materials used in housing construction shall be non-porous,

water-resistant, non-toxic, and able to withstand regular cleaning and

disinfection;

(b) drainage shall prevent accumulation of water or other liquids on

floors; and

(c) housing shall be structurally sound, in good repair and maintained

in a safe, working condition to properly confine animals, prevent

injury, keep animals safe from predation, keep other animals out, and

allow animals to remain dry and clean.

4. Wire or slat-bottom cages are prohibited unless a solid tray is

provided for the cage bottom to prevent injury to the animal.

5. Animal populations shall be segregated appropriately, in accordance

with the following requirements:

(a) dogs and cats shall be housed in separate rooms with efforts made

to minimize the exposure of cats to the barking of dogs to the extent

practicable;

(b) animals of the same species shall be separated by age groups (e.g.

neonates and juveniles; adults) except that nursing animals may be

housed with their offspring;

(c) animals with known or suspected infectious diseases shall be

housed in isolation areas as prescribed in subdivision nine of section

four hundred twenty-four of this article;

(d) nothing in this subdivision shall be construed to prevent the

temporary housing of animals in areas without such segregation for

medical care and in pre- and post-operative surgical areas.

6. Well-socialized, healthy animals may be housed with one or more

conspecifics. Animals housed together shall be compatible and have

similar environmental requirements. Such housing shall not allow

exposure to numerous different animals on a frequently changing basis.

7. Prior to being housed with one or more other animals the following

conditions shall apply:

(a) all animals are vaccinated and dewormed against the pathogens

specified in section four hundred twenty-nine of this article;

(b) physical examinations verifying the absence of clinical signs of

infectious diseases have been performed;

(c) surgical sterilization or housing in same-sex groupings, except

littermates under twelve weeks of age; and

(d) the animal has a collar or tag to facilitate visual

identification, unless the animal's age or condition is such that

application of visual identification is not practicable or would be

detrimental to the animal's health.

8. Animals that are poorly socialized, fearful, or aggressive towards

other animals or that are ill, injured, or within a week of whelping or

queening shall be housed individually in a suitably sized, enriched

primary enclosure.

(a) Littermates under the age of twelve weeks may be co-housed in an

isolation area if all individuals are infected with the same infectious,

contagious, parasitic or communicable disease.

(b) Dogs and cats within a week of giving birth or until separation

from the offspring shall be provided with a box with a solid floor large

enough to allow the animal to lie fully stretched on its side,

permitting all offspring to nurse and to accommodate all offspring until

weaned; and an area large enough to allow the dam or queen to leave the

whelping box.

9. Each enclosure shall clearly indicate the identities of all animals

contained within, specifying each animal's unique identifier as required

under section four hundred twenty-three of this article. Each animal

shall also be individually identified.

10. All primary enclosures shall provide sufficient space to allow

each animal, regardless of species, to:

(a) make all normal postural adjustments;

(b) fully stretch its body and have sufficient room to circle, lie

down, and stand upright without the head or tail touching the sides of

the enclosure even with the presence of water and food bowls, beds,

litter boxes, and other normal cage objects; and

(c) allow animals to sit, sleep and eat away from areas of their

enclosure where they defecate and urinate.

11. Any primary enclosure housing two or more animals shall provide

the following:

(a) sufficient space and quality of environment to allow all animals

to maintain social distances;

(b) adequate areas for hiding, resting, feeding, and elimination with

sufficient space to separate areas and the ability for all animals to

access those areas.

12. Regardless of the size of the primary enclosure, the number of

animals cohoused in a primary enclosure at one time shall not exceed the

following thresholds:

(a) twelve adult cats;

(b) two litters of kittens not to exceed ten kittens total;

(c) five adult dogs; or

(d) one litter of puppies.

13. Puppies and kittens less than sixteen weeks of age shall not be

housed in the same enclosure with adults other than their dam or queen,

or foster or surrogate dam or queen.

14. All animals housed with one or more conspecifics shall be

separated for feeding or observed at feeding times for antagonistic

interactions that pose a safety and welfare concern.

15. Animals shall not be housed outdoors for more than twelve hours

within a twenty-four-hour period, with the exception of free-roaming

cats under the care of the animal shelter.

16. Outdoor primary enclosures shall comply with all housing

requirements prescribed in this section and shall provide the following:

(a) protection from the elements at all times;

(b) adequate drainage to prevent the accumulation of excess water in

or around the enclosures;

(c) a moisture-proof, insulated shelter structure large enough to

simultaneously accommodate all animals in the enclosure, unless

immediate entry to an indoor portion of the enclosure is accessible;

(d) security from unauthorized entry of other animals into the

enclosure;

(e) a separate, shaded area sufficient to simultaneously accommodate

all animals, except when animals have immediate access to an indoor

portion of the enclosure;

(f) clean dry bedding at all times and a heat source when the outdoor

temperature falls below fifty degrees fahrenheit; and

(g) enclosures that allow outdoor access for cats shall be fully

enclosed to prevent escape from the enclosure.

17. For any animal in the custody or possession of any animal shelter

for fourteen days or longer, alternative housing shall be provided in

one of the following formats:

(a) enriched cages at least twice the size otherwise required for an

animal's size;

(b) foster care in a private home, office, or other suitable off-site

location; or

(c) room housing.