Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 17-802?

Quick Answer

This section provides definitions for various terms related to animal adoption and welfare, including 'adoption,' 'animal shelter,' and 'companion animal.' These definitions help clarify the language used in the chapter concerning animal care and management. Applies to organizations and individuals involved in animal welfare activities.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 17-802 Definitions.

AC § 17-802

For the purposes of this chapter, the following terms shall be defined as follows: a. "Adoption" means the delivery of a dog or cat deemed appropriate and suitable by an animal shelter to an individual at least eighteen years of age who has been approved to own, care and provide for the animal by the animal shelter. b. "Animal rescue group" means a duly incorporated not-for-profit organization that accepts homeless, lost, stray, abandoned, seized, surrendered or unwanted animals from an animal shelter or other place and attempts to find homes for, and promote adoption of, such animals by the general public. c. "Animal shelter" means a not-for-profit facility holding a permit in accordance with § 161.09 of the New York city health code where homeless, lost, stray, abandoned, seized, surrendered or unwanted animals are received, harbored, maintained and made available for adoption to the general public, redemption by their owners or other lawful disposition, and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other organization devoted to the welfare, protection or humane treatment of animals. c-1. "Companion animal" means any dog or cat, and also means any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. "Companion animal" does not include a farm animal as defined in section 350 of the agriculture and markets law or a wild animal as defined in section 161.01 of the New York city health code. d. "Consumer" means any individual purchasing an animal from a pet shop. A pet shop shall not be considered a consumer. e. "Feral cat" means an animal of the species felis catus who has no owner, is unsocialized to humans and has a temperament of extreme fear of and resistance to contact with humans. f. "Full-service shelter" means a person required to have a permit issued pursuant to subdivision (b) of section 161.09 of the New York city health code that houses lost, stray or homeless animals and: (1) accepts dogs and cats twelve hours per day, seven days per week; (2) has an adoption program available seven days per week; and (3) provides sterilization services for dogs and cats and any other veterinary services deemed necessary by a licensed veterinarian at such shelter or at a veterinary facility. g. "Person" means any individual, corporation, partnership, association, municipality, or other legal entity. h. "Pet shop" has the same meaning as such term is defined in section 17-371 of this title. i. "Sterilization" means rendering a dog or cat that is at least eight weeks of age and that weighs at least two pounds unable to reproduce, by surgically altering such animal's reproductive organs as set forth in the rules of the department or by non-surgical methods or technologies approved by the United States food and drug administration or the United States department of agriculture and acceptable to the department. Such definition shall include the spaying of a female dog or cat or the neutering of a male dog or cat. j. "Trap-neuter-return" means a program to trap, vaccinate for rabies, sterilize and identify feral cats and return them to the locations where they were found. k. "Adoptable animal" means any companion animal subject to adoption as defined in subdivision a of this section. (Am. L.L. 2015/007, 1/17/2015, eff. 6/1/2015; Am. L.L. 2015/053, 6/2/2015, eff. 6/1/2015; Am. L.L. 2019/200, 11/25/2019, eff. 12/25/2019; Am. L.L. 2019/222, 12/15/2019, eff. 1/14/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2002/012 and L.L. 2011/059.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters