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Question:
I purchased in good faith a Bobcat kitten in May 2008 - now Dec. says she is illegal. It was captive born and bred by a licensed breeder from Montana and sold to me as a hybrid - not a kitten that I am taking from ther wild. Can I keep her? What does the law read here in New York state?
Answer:
New York State law provides at section 11-0512 of the Environmental Conservation Law that “No person shall knowingly possess, harbor,… any wild animal for use as a pet in New York State, except as provided in subdivision three of this section.” Subdivision three provides that “Any person who possesses or harbors a wild animal for use as a pet at the time that this section takes effect may retain possession of such animal for the remainder of its life…” The law took effect January 1, 2005. There are additional exceptions to the ban, including, for example, exhibitors licensed pursuant to the federal Animal Welfare Act and licensed wildlife rehabilitators. The law provides requirements in the law for those allowed to keep wild animals, such as getting a permit and complying with rules and regulations. “Wild animal,” as defined in section 11-0103, includes (among other species) “Felidae and all hybrids thereof, with the exception of the species Felis catus (domesticated and feral cats, which shall mean domesticated cats that were formerly owned and that have been abandoned and that are no longer socialized, as well as offspring of such cats) and hybrids of Felis catus that are registered by the American Cat Fanciers Association or the International Cat Association provided that such cats be without any wild felid parentage for a minimum of five generations…” Local laws may be even more stringent. You should consult with an attorney in your area to discuss next steps. --------------------------------------------------------------------------------
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Question:
I recently took in a small yorkiepoo after a friend bought it and couldnt maintain her, unfortunately I rent an apartment in a three family house. When I first moved into my apartment, the owner informed me that he did not allow dogs - and at the time I didnt have one. I just couldnt see that pup go to a shelter, I now have my pup for two months and recently the owner found out and told me I had to get rid of her. The truth is I would much rather move than give her up. Do I have to move or can I stay? I understand his point of view but she is tiny and she is not destructive. My lease has expired and I'm currently living in the apartment without a lease. Is there a law that protects me and my pup till I am able to move to a new location.
Answer:
Answer: I suggest you consult with a landlord/tenant attorney in your area. (Rent stabilized tenants and certain other tenants have rights to lease renewals but based on the limited information I have regarding your situation, it is not likely those rights would be applicable to you). There is no law that I know of that would allow you to remain in the three family house indefinitely, with or without the dog. However, you should have some time to find an apartment. Typically, landlords cannot legally remove month to month tenants from an apartment without going to court. Prior to going to court, month to month tenants must also be given written notice (the exact amount of time and contents of the letter depend on different factors, including whether you live in NYC or outside of the city) but it generally is at least 30 days. Then if the tenant does not move, the landlord can commence an eviction proceeding. Even if you remove the dog, the landlord can give you notice of termination of your month to month tenancy and start a proceeding against you. If you have a disability, you may have additional rights. Again, I suggest you consult with a landlord/tenant attorney in your area.
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Question:
As long as I curb and clean after my dog, can I get in trouble for him pooping when a neighbor calls the police?
- Lodi, New Jersey
Answer:
I don’t know why a neighbor would call the police if you curb your dog, clean up after your dog, and dispose of the feces in accordance with the law unless there is an order of protection or some other issue not mentioned in your question. Of course, those other issues could affect what actions the police may take. Generally, as long as one complies with the canine waste and littering laws in their localities, they will not be fined for violating these laws. I suggest you contact your town clerk or town attorney to get a copy of the canine waste and littering laws in your area.
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