N.Y. Lost and Strayed Animals 115/1894 § 3: No title

§ 3. (1) Any person who is required to obtain or renew a dog license

pursuant to this act but fails to do so may be issued a notice of

violation, returnable to the environmental control board or health

tribunal of the office of administrative trials and hearings of the city

of New York, and may be subject to a civil penalty of not more than

seventy-five dollars for the first violation and no more than one

hundred dollars when such person was found to have violated this section

within the preceding five years. Such notice of violation may be issued

by any officer or agent of the department of health and mental hygiene

of such city, or any other agency or entity designated by the

commissioner of health and mental hygiene or such city, when such

officer or agent observes the dog for which such license has not been

obtained or renewed.

(2) Notwithstanding subdivision one of this section, such notice of

violation may not be issued to a person when such person is in the

course of obtaining or renewing a license for the dog for which the

notice of violation would be issued. It shall be an affirmative defense

to any such violation that: (i) the person required to obtain or renew a

dog license duly applied for such license or renewal prior to the date

of the violation but the department of health and mental hygiene of such

city had not issued or renewed such license; or (ii) such person had

previously procured a license that was valid for a term that ended not

more than thirty days before such notice of violation was issued and

such person duly applied for renewal of such license subsequent to such

notice of violation being issued.

(3) Three quarters of any amount paid as a penalty for a violation

pursuant to this section shall be forwarded to the city comptroller for

deposit in the animal population control fund created pursuant to

section 17-812 of the administrative code of the city of New York, and

the remainder shall be used solely for carrying out the provisions of

this act, establishing, maintaining, or funding shelters for lost,

strayed, or homeless animals, providing or funding public education

regarding responsible animal care and dog licensing requirements, and

conducting other animal care and control activities.