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From:
"Peter L. Borst" <[log in to unmask]>
Reply To:
Informed Discussion of Beekeeping Issues and Bee Biology <[log in to unmask]>
Date:
Sun, 1 Jul 2007 08:40:34 -0400
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From a 1999 article (http://www.cityfarmer.org/beekeepNY.html)

> Two summers ago, David Graves, a veteran bee master who was on the roof helping Ms. Goodman tend the hives, knew of just one beehive in the five boroughs: now he is aware of 13 hives in Manhattan, Brooklyn and the Bronx. And city beekeepers claim that there could be twice that number. But few beekeepers reveal their presence because under the New York City Health Code the activity is illegal. Section 161.01 bans keeping animals that are ''wild, ferocious, fierce, dangerous or naturally inclined to do harm.'' An offender could be fined up to $2,000.

* * *

§ 161.01. Wild animals prohibited.

(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).

-- 
Peter L. Borst
Ithaca, NY
USA

http://picasaweb.google.com/peterlborst

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