§ Section 161.01: Wild and other animals prohibited.

Codified Rules: Closed to Comments

    (a)  No person shall sell or give to another person, possess, harbor, keep, or yard wild or other animals identified in this section or in regulations promulgated by the Commissioner pursuant to subdivision (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 §504 of the Public Health Law; or
    (3)  A circus or native wildlife rehabilitator licensed by federal or state agencies; or
    (4)  A veterinary hospital or other veterinary or medical facility where veterinary care is provided for such animals; or
    (5)  A place that exhibits, uses or displays such animals, including, but not limited to, a rodeo, petting zoo, farm museum, school or similar institution, film, television, photographic or other production, or for commercial or other purposes, in accordance with a permit issued by the Commissioner. The Commissioner may impose reasonable conditions and time limits on such exhibitions, usages or displays when issuing such permits, including a condition that the place where animals are exhibited, used or displayed have protective devices to preventing animals from escaping or injuring the public.
    (A)  An application for a permit to exhibit, use or display animals shall be submitted to the Department at least five (5) business days prior to such exhibition, use or display by the person or entity that proposes to exhibit, use or display such animals.
    (B)  Any animal of a species for which a rabies vaccine licensed and approved by the USDA is available shall be currently vaccinated against rabies in accordance with the vaccine manufacturer's instructions sufficiently in advance of any permit being issued for its exhibition, use or display, so that such vaccine shall be effective at the time of the animal's exhibition, use or display.
    (C)  The Department may impose a fee to cover its costs in issuing such permits.
    (b)  For the purposes of this Code, a wild animal is deemed to be any animal which is naturally inclined to do harm and capable of inflicting harm upon human beings and all such animals are hereby prohibited pursuant to subdivision (a) of this section. Such animals shall also 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 or cross-breed 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 or cross-breed offspring of a wild cat and domesticated or other 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 suricate.
    (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; all turtles and tortoises with a carapace length of less than four (4) inches; 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 §161.19 of this Code, the Agriculture and Markets Law or applicable federal law.
    (12)  All venomous insects, including, but not limited to, bees other than non-aggressive honey bees (Apis mellifera), hornet and wasp. Persons keeping honey bees shall file a notice with the Department, on a form provided or approved by the Department, containing the beekeeper's name, address, telephone, e-mail and fax numbers, emergency contact information, and location of the hive, and they shall notify the Department within ten business days of any changes to such information. Beekeepers shall adhere to appropriate beekeeping practices including maintaining bee colonies in moveable-frame hives that are kept in sound and usable condition; providing a constant and adequate water source; locating hives so that the movement of bees does not become an animal nuisance, as defined in §161.02 of this Article; and shall be able to respond immediately to control bee swarms and to remediate nuisance conditions.
    (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, nutria, 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, pigs, including pot bellied pigs, goats, cattle, giraffe and hippopotamus. Such prohibition shall not affect persons who keep livestock in accordance with applicable law.
    (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, and any other predatory marine and freshwater animals and fishes including, but not limited to, sharks and piranhas.
    (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.