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NYS Public Health Legal Manual: A Guide for Judges, Attorneys ...

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NEW YORK STATE PUBLIC HEALTH LEGAL MANUAL § 1.80<br />

<strong>for</strong> destroyed animals]. See also AML § 72(1), supra; PHL §§ 2141,<br />

2143, 2144, 2145 [special provisions <strong>for</strong> control of animals with rabies].<br />

[1.80] B. New York City <strong>Health</strong> Code<br />

[1.81] 1. Reports<br />

<strong>Health</strong> Code [24 RCNY] § 11.25(a) and (b) [list of animal diseases that<br />

must be reported within 24 hours of diagnosis by veterinarian or other<br />

person responsible <strong>for</strong> animal care or treatment].<br />

[1.82] 2. Investigation<br />

<strong>Health</strong> Code [24 RCNY] § 11.25(d)(1) [City Department of <strong>Health</strong> to<br />

“make such investigation as the Department considers necessary <strong>for</strong> the<br />

purpose of verifying diagnosis, ascertaining source of infection and discovering<br />

other animals and humans exposed to the animal . . . . The<br />

Department may collect or require to be collected <strong>for</strong> laboratory examination<br />

such specimens as the Department considers to be necessary to assist<br />

in diagnosis or ascertaining the source of infection, and shall order the<br />

owner or other person harboring or having control of the animal to take<br />

such measures as may be necessary to prevent further spread of the disease<br />

and to reduce morbidity and mortality in animals and humans.”].<br />

[1.83] 3. Seizure and Isolation<br />

<strong>Health</strong> Code [24 RCNY] § 11.25(d)(2) [“An animal infected with or<br />

suspected of having any disease listed in this section may be seized or<br />

impounded by the Department . . . and be ordered held or isolated at the<br />

owner’s expense under such conditions as may be specified by the Department.”].<br />

[1.84] 4. Destruction<br />

<strong>Health</strong> Code [24 RCNY] § 11.25(d)(2) [“[W]here the Department has<br />

determined that an animal presents an imminent and substantial threat<br />

to the public health, such animal may be humanely destroyed immediately<br />

. . . .”]. See also § 11.27 [special rules <strong>for</strong> control of animals with<br />

rabies].<br />

45

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