Bill S5615A-2013

Establishes the pygmy pig regulation law

Establishes the "pygmy pig regulation law"; permits the custody, care or control of a pygmy pig; permits one pygmy pig per dwelling in any residential zone; requires a license; imposes civil penalties for violations.

Details

Actions

  • Jan 8, 2014: REFERRED TO CITIES
  • Aug 2, 2013: PRINT NUMBER 5615A
  • Aug 2, 2013: AMEND AND RECOMMIT TO CITIES
  • May 28, 2013: REFERRED TO CITIES

Memo

BILL NUMBER:S5615A

TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to establishing the "pygmy pig regulation law"

PURPOSE OR GENERAL IDEA OF BILL:

The legislation amends Chapter 3, Title 17 of the Administrative Code of the City of New York by adding a new subchapter 9 to allow pygmy pigs as house pets and to establish regulations that govern the ownership and possession of pygmy pigs in New York City.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Chapter 3, Title 17 of the Administrative Code of the City of New York by adding a new subchapter 9 to permit not more than one pygmy pig per dwelling in a residential zone. The permitted pygmy pig should stand no higher than 22 inches at the shoulder and weighs no more than 200 pounds. In addition, it requires a person owning or having the custody, care or control of such pygmy pig to obtain a license from the Department of Health and Mental Hygiene by submitting the proof from a licensed veterinarian that the pig has been neutered or spayed and has been vaccinated against pseudo rabies. The bill also requires the pig owner to comply with New York City Health Code Sections 11.27 and 11.31 in controlling pygmy pigs affected with rabies. The provisions of this subchapter shall not supersede any existing lease or rental agreement for any cooperative, condominium or homeowner association which contains a clause prohibiting pets.

Section 2 provides for this act to take effect immediately.

JUSTIFICATION:

Over the years, pygmy pigs have gained popularity and recognition as great pets due to the combination of their unique traits such as cleanliness, diminutive size, friendly disposition, and intelligence. They make great companion animals and are considered by some as therapy animals. For children with allergies, these pigs can provide necessary companionship, without affecting their health.

As pygmy pigs are becoming widely accepted as pets, many towns, cities, and municipalities throughout the United States have enacted laws, ordinances and regulations to permit the keeping of pygmy pigs as pets.

Currently, pygmy pigs are not allowed as a pet in New York City according to the current New York City Health Code section 161.01. This legislation would amend Title 17 of the New York City Administrative Code to allow ownership of pygmy pigs that are spayed or neutered, licensed and properly vaccinated as household pets.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None known.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5615--A 2013-2014 Regular Sessions IN SENATE May 28, 2013 ___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the administrative code of the city of New York, in relation to establishing the "pygmy pig regulation law" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Chapter 3 of title 17 of the administrative code of the city of New York is amended by adding a new subchapter 9 to read as follows: SUBCHAPTER 9 PYGMY PIG REGULATION LAW SECTION 17-375 SHORT TITLE. 17-376 DEFINITION. 17-377 CUSTODY, CARE OR CONTROL OF PYGMY PIG; RESIDENTIAL ZONE. 17-378 LICENSE. 17-379 ADDITIONAL VACCINATIONS. 17-380 DUE CARE. 17-381 CONTROL OF ANIMALS AFFECTED WITH RABIES. 17-382 VIOLATIONS. 17-383 RULES AND REGULATIONS. 17-384 APPLICABILITY. S 17-375 SHORT TITLE. THIS SUBCHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE "PYGMY PIG REGULATION LAW". S 17-376 DEFINITION. WHENEVER USED IN THIS SUBCHAPTER, THE FOLLOWING TERM SHALL HAVE THE FOLLOWING MEANING: "PYGMY PIG" MEANS A PIG OR HOG CLASSIFIED AS SUS SCROFA JUBATUS MULLER, OR SUS SCROFA (CRISTATUS) VITTATUS, AND COMMONLY REFERRED TO AS A VIETNAMESE POT-BELLIED PIG, PYGMY PIG OR MINI-PIG, WHICH STANDS NO HIGHER THAN 22 INCHES AT THE SHOULDER AND WEIGHS NO MORE THAN 200 POUNDS.
S 17-377 CUSTODY, CARE OR CONTROL OF PYGMY PIG; RESIDENTIAL ZONE. NOT MORE THAN ONE PYGMY PIG SHALL BE PERMITTED PER DWELLING FOR ANY PERSON OWNING OR HAVING THE CUSTODY, CARE OR CONTROL OF ANY PYGMY PIG IN ANY RESIDENTIAL ZONE. S 17-378 LICENSE. A PERSON OWNING OR HAVING THE CUSTODY, CARE OR CONTROL OF A PYGMY PIG SHALL FIRST PAY A FEE AND OBTAIN AN ANIMAL LICENSE FROM THE DEPARTMENT PURSUANT TO CHAPTER ONE HUNDRED FIFTEEN OF THE LAWS OF EIGHTEEN HUNDRED NINETY-FOUR, AS AMENDED. NO SUCH LICENSE SHALL BE ISSUED UNLESS THE PERSON KEEPING OR MAINTAINING A PYGMY PIG IN A RESIDENTIAL AREA AS A PET OR FOR PERSONAL USE HAS SUBMITTED: (1) THE PROOF FROM A LICENSED VETERINARIAN THAT THE PIG HAS BEEN NEUTERED OR SPAYED; AND (2) HAS BEEN VACCINATED AGAINST PSEUDO RABIES. BOARS, OR MALE PYGMY PIGS, ARE TO BE NEUTERED PRIOR TO NINE WEEKS. GILTS, OR FEMALE PYGMY PIGS, ARE TO BE SPAYED PRIOR TO SIX MONTHS. S 17-379 ADDITIONAL VACCINATIONS. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS TO REQUIRE ADDITIONAL VACCINATIONS FOR PYGMY PIGS. S 17-380 DUE CARE. EVERY PERSON OWNING OR HAVING CHARGE, CARE, CUSTODY OR CONTROL OF ANY PYGMY PIG SHALL EXERCISE DUE CARE TO PREVENT THE PIG FROM BEING STRAY OR ROAMING ON ANY HIGHWAY, STREET, AND ANY OTHER PUBLIC PLACE. S 17-381 CONTROL OF ANIMALS AFFECTED WITH RABIES. A. IN ACCORDANCE WITH NEW YORK CITY HEALTH CODE SECTION 11.27, WHEN A PYGMY PIG IS EXPOSED TO THE RABIES VIRUS, THE PERSON WHO OWNS, POSSESSES OR CONTROLS THE PIG AND ANY OTHER PERSON HAVING KNOWLEDGE OF THE EXPOSURE SHALL IMMEDIATELY NOTIFY THE DEPARTMENT BY TELEPHONE. B. SECTIONS 11.27 AND 11.31 OF THE NEW YORK CITY HEALTH CODE SHALL APPLY TO PYGMY PIGS. SPECIFICALLY, IF ANY PYGMY PIG IS EXPOSED TO THE RABIES VIRUS PER NEW YORK CITY HEALTH CODE SECTION 11.27, IT SHALL BE KEPT ISOLATED, AT THE OWNER'S EXPENSE, IN A MANNER PRESCRIBED BY THE DEPARTMENT IN A VETERINARY HOSPITAL OR OTHER PLACE APPROVED BY THE DEPARTMENT, UNDER DAILY VETERINARY SUPERVISION, FOR A PERIOD OF SIX MONTHS. S 17-382 VIOLATIONS. ANY VIOLATION OF THIS SUBCHAPTER OR ANY OF THE RULES PROMULGATED HEREUNDER SHALL UPON CONVICTION THEREOF BE PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS. CIVIL VIOLATIONS UNDER THIS SECTION SHALL BE ADJUDI- CATED BEFORE THE DEPARTMENT'S ADMINISTRATIVE TRIBUNAL. S 17-383 RULES AND REGULATIONS. THE COMMISSIONER OF HEALTH SHALL PROMULGATE RULES AND REGULATIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, AND SUCH OTHER RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE PURPOSE OF IMPLEMENTING AND CARRYING OUT THE PROVISIONS OF THIS SUBCHAPTER. S 17-384 APPLICABILITY. THE PROVISIONS OF THIS SUBCHAPTER SHALL NOT SUPERSEDE ANY EXISTING LEASE OR RENTAL AGREEMENT FOR ANY COOPERATIVE, CONDOMINIUM OR HOMEOWNER ASSOCIATION WHICH CONTAINS A CLAUSE PROHIBITING PETS. S 2. This act shall take effect immediately.

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