§ 161.01. Wild animals prohibited. [FN1]
(a) No person shall sell or give to another person, possess, harbor or keep wild animals identified in subsection (b) of this section or in regulations promulgated by the Commissioner pursuant to subsection (e) of this section other than in:
(1) A zoological park or aquarium operated by the Department of Parks, by the Wildlife Conservation Society, or by the Staten Island Zoological Society; or
(2) A laboratory operated pursuant to ¨þ 504 of the Public Health Law; or
(3) A circus or native wildlife rehabilitator licensed by federal or state agencies; or
(4) A place which has received the approval of the Department to exhibit or use such
animals, and which has protective devices which are adequate to prevent such animal from escaping or injuring the public. The Department may impose reasonable conditions and time limits on the granting of such approval.
(b) For the purposes of this Code, wild animals are deemed to be any animals which are naturally inclined to do harm and capable of inflicting harm upon human beings and are hereby prohibited pursuant to subsection (a). Such animals shall include: (i) any animals specified by the Commissioner in regulations promulgated pursuant to this section; (ii) any native or exotic wildlife whose possession or sale is prohibited because they are designated as protected or endangered pursuant to any federal, state or local law, regulation, or rule; and (iii) any of the following animals:
(1) All dogs other than domesticated dogs (Canis familiaris), including, but not limited to, wolf, fox, coyote, hyaena, dingo, jackal, dhole, fennec, raccoon dog, zorro, bush dog, aardwolf, cape hunting dog and any hybrid offspring of a wild dog and domesticated dog.
(2) All cats other than domesticated cats (Felis catus), including, but not limited to, lion, tiger, leopard, ocelot, jaguar, puma, panther, mountain lion, cheetah, wild cat, cougar, bobcat, lynx, serval, caracal, jaguarundi, margay and any hybrid offspring of a wild cat and domesticated cat.
(3) All bears, including polar, grizzly, brown and black bear.
(4) All fur bearing mammals of the family Mustelidae, including, but not limited to, weasel, marten, mink, badger, ermine, skunk, otter, pole cat, zorille, wolverine, stoat and ferret.
(5) All Procyonidae: All raccoon (eastern, desert, ring-tailed cat), kinkajou, cacomistle, cat-bear, panda and coatimundi.
(6) All carnivorous mammals of the family Viverridae, including, but not limited to, civet, mongoose, genet, binturong, fossa, linsang and suri- cate.
(7) All bats (Chiroptera).
(8) All non-human primates, including, but not limited to, monkey, ape, chimpanzee, gorilla and lemur.
(9) All squirrels (Sciuridae).
(10) Reptiles (Reptilia). All Helodermatidae (gila monster and Mexican beaded lizard); all front-fanged venomous snakes, even if devenomized, including, but not limited to, all Viperidae (viper, pit viper), all Elapidae (cobra, mamba, krait, coral snake), all Atractaspididae (African burrowing asp), all Hydrophiidae (sea snake), all Laticaudidae (sea krait); all venomous, mid-or rear-fanged, Duvernoy-glanded members of the family Colubridae, even if devenomized; any member, or hybrid offspring of the family Boidae, including, but not limited to, the common or green anaconda and yellow anaconda; any member of the family Pythonidae, including but not limited to the African rock python, Indian or Burmese python, Amethystine or scrub python; any member of the family Varanidae, including the white throated monitor, Bosc's or African savannah monitor, Komodo monitor or dragon, Nile monitor, crocodile monitor, water monitor, Bornean earless monitor; any member of the family Iguanidae, including the green or common iguana; any member of the family teiidae, including, but not limited to the golden, common, or black and white tegu; all members of the family Chelydridae, including snapping turtle and alligator snapping turtle; and all members of the order Crocodylia, including, but not limited to alligator, caiman and crocodile.
(11) Birds and Fowl (Aves): All predatory or large birds, including, but not limited to, eagle, hawk, falcon, owl, vulture, condor, emu, rhea and ostrich; roosters, geese, ducks and turkeys prohibited or otherwise regulated pursuant to ¨þ 161.19 of this Code, the Agriculture and Markets Law or applicable federal law.
(12) All venomous insects, including, but not limited to, bee, hornet and wasp.
(13) Arachnida and Chilopoda: All venomous spiders, including, but not limited to, tarantula, black widow and solifugid; scorpion; all venomous arthropods including, but not limited to, centipede.
(14) All large rodents (Rodentia), including, but not limited to, gopher, muskrat, paca, woodchuck, marmot, beaver, prairie dog, capybara, sewellel, viscacha, porcupine and hutia.
(15) All even-toed ungulates (Artiodactyla) including, but not limited to, deer, antelope, sheep, giraffe and hippopotamus.
(16) All odd-toed ungulates (Perissodactyla) other than domesticated horses (Equus caballus), including, but not limited to, zebra, rhinoceros and tapir.
(17) All marsupials, including, but not limited to, Tasmanian devil, dasyure, bandicoot, kangaroo, wallaby, opossum, wombat, koala bear, cuscus, numbat and pigmy, sugar and greater glider.
(18) Sea mammals (Cetacea, Pinnipedia and Sirenia), including, but not limited to, dolphin, whale, seal, sea lion and walrus.
(19) All elephants (Proboscides).
(20) All hyrax (Hyracoidea).
(21) All pangolin (Pholidota).
(22) All sloth and armadillo (Edentala).
(23) Insectivorous mammals (Insectivora): All aardvark (Tubulidentata), anteater, shrew, otter shrew, gymnure, desman, tenrec, mole and hedge hog.
(24) Gliding lemur (Dermoptera).
(c) In addition to domesticated dogs and cats, an animal may be kept, possessed, harbored or sold in the City of New York provided that possession of the animal is not otherwise prohibited by law, including federal, state and local laws regulating domestic animals and livestock or protecting wildlife and endangered species. Such animals include, but are not limited to, gerbil, hamster (Mesocricetus auratus), guinea pig, domesticated rabbit and fowl or small birds such as parakeet, parrot, canary and finch.
(d) An animal whose possession is prohibited pursuant to this section may be seized by any authorized employee, officer or agent of the Department or of any other agency of the City of New York, and the Commissioner shall provide for such animal's appropriate disposition.
(1) An order issued by the Commissioner pursuant to this section shall contain a notice that the owner of such animal may, within three business days of receipt of the order, request an opportunity to be heard with respect to whether the animal is a prohibited animal and its appropriate disposition. The Commissioner shall provide such an opportunity to be heard as soon as practicable, but no later than 15 days after receipt of such request.
(2) With the written consent of the Department, an owner of any animal whose possession is prohibited pursuant to this section, may remove such animal to another jurisdiction where its possession is not prohibited pursuant to any local or other law.
(e) The Commissioner may promulgate such regulations as may be necessary to add to the list in subsection (b) any animal which the Commissioner determines is naturally inclined to do harm and capable of inflicting bodily harm upon human beings.
(f) If any provision of this section is adjudged invalid by any court of competent jurisdiction, such judgment shall not affect or impair the validity of the remainder of this section.

§ 161.03. Control of dogs and other animals to prevent nuisance.

A person who owns, possesses or controls a dog, cat or other animal shall not permit the animal to commit a nuisance on a sidewalk of any public place, on a floor, wall, stairway or roof of any public or private premises used in common by the public, or on a fence, wall or stairway of a building abutting on a public place.

§ 161.04. Dog Licenses.

(a) A dog license obtained in accordance with Chapter 115 of the New York State laws of 1894, as amended, shall be issued by the Department.
(b) Every person who owns, possesses or controls a dog shall not permit it to be in any public place, or in any open or unfenced area abutting on a public place, unless the dog has a collar about its neck with a currently valid metal tag attached thereto bearing the number of the license obtained for such dog in accordance with Chapter 115 of the Laws of 1894 of the State of New York, as amended or ¨þ¨þ 109 and 112 of the Agriculture and Markets Law.

§ 161.05. Dogs to be restrained.

A person who owns, possesses or controls a dog shall not permit it to be in any public place or in any open or unfenced area abutting on a public place unless the dog is effectively restrained by a leash or chain not more than six feet long.

§ 161.07. Vicious or dangerous animals.

(a) A "vicious or dangerous animal"' shall mean any animal other than one properly registered pursuant to ¨þ 161.09(k) hereof, which menaces, threatens, attacks or bites a person. A Department record of a report made pursuant to ¨þ 11.03 shall be prima facie evidence that the animal is vicious or dangerous.
(b) The owner of a dog or other animal which is the subject of a report pursuant to ¨þ 11.03 or of a complaint of viciousness or dangerousness shall make such animal available for examination by the Department.
(c) If, upon examination of the animal, or consideration of its history of the circumstances of the report made pursuant to ¨þ 11.03, or the complaint concerning said animal, the Department finds the animal to be vicious or dangerous, it may order:
(1) The animal to be surrendered for the purpose of humane destruction;
(2) The animal to be permanently removed from the City;
(3) The animal to be muzzled whenever the animal is in a public place or in any open or unfenced area abutting on a public place;
(4) Such other action as the Department deems sufficient to insure control of the animal and protection of the public.
(d) Any dog owned, kept, engaged in or trained for dog fighting, or any dog owned, kept or trained to attack persons and not properly registered pursuant to ¨þ 161.09(k), shall be surrendered to the Department by the person who owns, possesses or controls it, for the purpose of performing an examination and for such other disposition as the Department may order in accordance with subsection (c) hereof.
(e) Whenever the Department finds a dog or other animal to be vicious or dangerous under subsection (c) hereof, it shall be presumed that the owner or keeper trained, caused or permitted such animal to be vicious or dangerous, so as to establish a prima facie maintenance of a nuisance in violation of ¨þ 3.11 of this Code.
(f) An animal which is vicious or uncontrolled may be impounded by a peace officer or killed if capture is dangerous.

§ 161.19. Keeping of live poultry and rabbits.

(a) No person shall keep a live rooster, duck, goose or turkey in a built-up portion of the City.
(b) A person who holds a permit to keep for sale or sell live rabbits or poultry shall keep them in coops and runways and prevent them from being at large. Coops shall be whitewashed or otherwise treated in a manner approved by the Department at least once a year and at such other times as the Department may direct in order to keep them clean. Coops, runways and the surrounding area shall be kept clean.

§ 11.66. Rabies: compulsory vaccination.

(a) Any person who owns or harbors in New York City, a dog or cat three months of age or older, other than a dog or cat meeting the requirements of subparagraph (d), shall havesuch animal actively immunized against rabies. Actively immunized shall mean injection of a rabies vaccine which meets the standards prescribed by the United States Department of Agriculture for interstate sale and administered according to the manufacturer's instructions under the direction of a duly licensed veterinarian.
(b) The veterinarian either administering the vaccine or responsible for supervising the vaccination, shall give to the dog or cat's owner a rabies vaccination certificate. Within five days of performing a vaccination, the veterinarian shall report such vaccination to the Department by forwarding to the Department a form designed by the Commissioner. In the case of a dog or cat whose health would be adversely affected as a result of a vaccination, the veterinarian shall give to the dog or cat's owner a signed and dated statement indicating this. In addition, the veterinarian shall, on a form designed by the Commissioner, report this information to the Department within five days of having determined that the administration of a vaccine would adversely affect the health of the dog or cat.
(c) The rabies vaccination certificate and the form designed by the Commissioner to be forwarded to the Department, shall be dated and signed by the veterinarian and shall include the following information: a description of the dog or cat, its age, color, sex, and breed; the dog's license number; the name and address of the owner; whether the dog or cat was vaccinated or exempted from vaccination by reason of the adverse effect such vaccination would have on the health of such dog or cat, and, if vaccinated, the type of vaccine injected, its duration of immunity, the amount and manner of injection, the name of the manufacturer, and the lot number and expiration date of the vaccine. The vaccination certificate shall be effective for the duration of immunity. Upon the expiration of the certificate, the owner shall have his/her dog or cat revaccinated in accordance with this section.
(d) Active immunization against rabies shall not be required for dogs or cats owned by a non-resident, while passing through New York City for a period not exceeding fifteen days, if entered in any exhibition at any dog or cat show therein, and if confined and in immediate charge of the exhibitor, or for dogs or cats actually confined to the premises of incorporated societies, devoted to the care or hospital treatment of lost, strayed or homeless animals, or confined to the premises of public or private hospitals devoted to the treatment of sick animals, or confined for the purposes of research to the premises of colleges or other educational or research institutions, or for dogs or cats actually confined to the premises of a person, firm or corporation actually engaged in the business of breeding or raising dogs or cats for profit and are so licensed as a class A dealer under the Federal Laboratory Animal Welfare Act or if such vaccination would adversely affect the health of the dog or cat as determined by a duly licensed veterinarian.

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