Agriculture & Markets - Care of Animals By Pet Dealers - Construction with other laws


Published: 2014-09-22

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§ 407. Construction with other laws. Nothing in this article shall be
construed to (a) limit or restrict agents or officers of societies for
the prevention of cruelty to animals or the police from enforcing other
provisions of article twenty-six of this chapter or any other law
relating to the humane treatment of, or cruelty to, animals, (b) limit
or restrict any municipality from enacting or enforcing any authorized
local law, rule, regulation or ordinance of general application to
businesses governing public health, safety or the rights of consumers,
or (c) limit or restrict any municipality from enacting or enforcing a
local law, rule, regulation or ordinance governing pet dealers, as such
term is defined in this article, including a law, rule, regulation or
ordinance governing the health or safety of animals acquired or
maintained by pet dealers, the source of animals sold or offered for
sale by pet dealers, and the spay or neuter of such animals; provided,
however, that any such local law, rule, regulation or ordinance shall be
no less stringent than the applicable provisions of this article and may
not result in essentially banning all sales of dogs or cats raised and
maintained in a healthy and safe manner. Where any penalty may be
authorized for the violation of such a local law, rule, regulation or
ordinance, the authorized penalty in such local law, rule, regulation or
ordinance may not exceed a civil penalty of up to five hundred dollars.
Where a municipality adopts such a local law, rule, regulation or
ordinance that is more stringent than the applicable provisions of this
article, such municipality shall have sole responsibility for
enforcement of such law, rule, regulation or ordinance that is more
stringent than the applicable provisions of this article.