The following is the complete text of the Certificate of Incorporation of the Center For Animal Care and Control


CERTIFICATE OF INCORPORATION
of
THE CENTER FOR ANIMAL CARE AND CONTROL, INC.
Under Section 402 of the Not-for-Profit Corporation Law

Susan Forsyth, Esq.
Assistant Corporation Counsel
New York City Law Department
100 Church Street - Room 6D29
New York, New York

- - -

CERTIFICATE OF INCORPORATION
OF
THE CENTER FOR ANIMAL CARE AND CONTROL, INC.

Under Section 402 of the Not-For-Profit Corporation Law

The undersigned, a natural person at least eighteen years of age, desiring to form a corporation pursuant to the provisions of the Not-for-Profit Corporation Law, does hereby certify:

FIRST. The name of the Corporation is THE CENTER FOR ANIMAL CARE AND CONTROL, INC.

SECOND. The Corporation is a corporation as defined in subparagraph (a)(5) of Section 102 of the Not-for-Profit Corporation Law and is a Type B corporation under Section 201 of said law.

THIRD. The Corporation is formed for the public and charitable purposes of providing animal care and control services in The City of New York. ("the City"), thereby lessening the burdens of government on behalf of the City, and acting in the public interest and carrying out the essential public functions that relate to animal care and control, the prevention and control zoonotic diseases which may be transmissible to humans, and the control of vicious or dangerous animals. The Corporation shall not be vested with any special powers by virtue of Section 1403 of the Not-For Profit Corporation Law nor shall it be deemed a corporation for the prevention of cruelty to animals.

FOURTH The corporation is formed for the following lawful public objectives:

(1) to perform on behalf of the City or any agency of the City any functions or duties relating to animal care and control, including those for which the City or an agency of the City is authorized or permitted to contract with a not for-profit corporation pursuant to Chapter 115 of the Laws 1894, as amended, or other applicable law, relating to animal care and control, including, but not limited to the following:

(a) to identify, seize, hold, observe and evaluate animals which are or may be a threat to public health because they present a risk of disease transmission or injury, dogs which are unlicensed, and cats the owners of which are not identified;

(b) to acquire, establish, maintain and operate facilities to shelter, hold, examine, test, treat, otherwise control and dispose of those animals which the Corporation or the City has seized or accepted for shelter;

(c) to humanely euthanize animals in its custody which have not be claimed by their owners or adopted or which are a threat to public health;

(d) to seize, hold, observe, test and otherwise control dogs, cats and other animals to prevent public health nuisances;

(e) to identify, seize, hold, evaluate and euthanize vicious animals; and

(f) to issue licenses and renewals and to collect the fees therefor.

(2) to promote or provide outreach programs, publicity campaigns and other services for the prevention and control of disease that are transmissible from animals to humans and nuisances and other conditions in which the presence of animals is or may be dangerous or detrimental to human health.

(3) to promote or provide programs and services to control the population of unlicensed dogs, cats the owners of which are unidentified and other live animals, including services for the spaying or neutering of such animals.

(4) to provide services for the adoption of dogs, cats and other animals in the custody of the Corporation.

(5) to recruit and organize volunteers to assist in the implementation of the Corporation's programs and services.

(6) to take such other actions to promote and protect the environment in the City for residents and businesses by assisting the City in controlling, and by otherwise fostering the control of animals.

FIFTH. In furtherance of its purposes and objectives the Corporation shall have the powers now or hereafter set forth in the Not-for-Profit Corporation Law and/or any amendment, modification, supplement or replacement thereof, and all other powers now or hereafter conferred by law, including, to the extent permitted thereby, the power at any time and from time to time to solicit grants and contributions from the public or from other sources for any corporate purposes, to maintain a fund or funds of real or personal property for any corporate purposes and to enter into agreements with the City and/or one or more City agencies or instrumentalities, or not-for-profit, community-based or private entities or persons, with respect to the use of property for animal care or control programs and facilities and other purposes; and otherwise to do all and everything suitable for the accomplishment of any of the Corporation's purposes and objectives; provided, however, that the Corporation is not empowered to attempt to influence legislation by propaganda or otherwise, or participate or intervene, directly or indirectly, in any political campaign on behalf of or in opposition to any candidate for public office.

SIXTH. Notwithstanding any other provision of this Certificate, (a) the Corporation is organized exclusively for charitable purposes, as specified in Section 501(c)(3) of the Internal Revenue Code of l986, as amended, or corresponding provisions of any subsequent Federal tax laws (hereinafter "Section 501(c)(3), and shall not carry on activities not permitted to be carried on by a corporation exempt from Federal income tax under Section 50l(c)(3); and (b) the Corporation shall conduct no activities for pecuniary profit or financial gain except as may be permitted by the Not-for-Profit Corporation Law and/or any amendment, modification, supplement or replacement thereof.

SEVENTH. Nothing herein contained shall authorize the Corporation, directly or indirectly, to engage in or include among its purposes any of the activities mentioned in section 404 of the Not-for-Profit Corporation Law or to engage in the use of animals for research, experimentation, testing, teaching or demonstration.

EIGHTH. The office of the Corporation is to be located in the County of New York.

NINTH. All income and earnings of the Corporation shall be used exclusively for its corporate purposes; no part of the income or earnings of the Corporation shall inure to the benefit of, nor shall any distribution of its property or assets be made to, any member or private person, corporate or individual,or to any other private interest. Reasonable compensation however may be paid for services rendered to or for the Corporation in furtherance of one or more of its purposes.

TENTH. Upon the dissolution of the Corporation, no member or private person, corporate or individual, or other private interest, shall be entitled to any distribution or division of its remaining funds and other property and rights and interests in property, and the balance thereof, after the payment of all its debts and liabilities of whatsoever kind and nature shall be distributed as determined by the Board of Directors and as approved by a court of competent jurisdiction, for the not for-profit purposes of the Corporation and/or to such charitable, literary or educational organizations as shall qualify under Section 50l(c)(3). Any of such assets not so distributed shall be disposed of for such purposes as approved by a Justice of the Supreme Court o£ the State of New York or such other court having jurisdiction over the Corporation.

ELEVENTH. The Secretary of State of the State of New York is designated the agent of the Corporation upon whom process against it may be served. The post office address to which the Secretary of State shall mail a copy of any process against the Corporation served upon the Secretary of State as agent of the Corporation is c/o New York City Corporation Counsel, l00 Church Street, New York, NY 10007.

TWELFTH. The number of directors of the Corporation shall be such number, not fewer than three as may be fixed by or pursuant to the By laws and until otherwise so fixed shall be three Directors need not be members. The initial directors of the Corporation, who shall serve until the first annual meeting of members or until their respective successors shall have been elected, shall be:

Wilfredo Lopez
125 Worth Street
New York, New York 10013

Salvador Uy
City Hall [No Street Address]
New York, New York 10007

Elizabeth J. Cucchiaro 
100 Church Street
20th Floor
New York, New York 10007

IN WITNESS WHEREOF, I, being at least eighteen years of age, have signed this certificate and hereby affirm it as true under the penalties of perjury this 11th day of August, 1994.

/s/ Susan Forsyth, Incorporator
New York City Law Department
100 Church Street
New York, New York 10007