It is hereby declared and found that the health, welfare and
safety of the inhabitants of the Town of Smithtown require regulations
supplementing the New York State Agriculture and Markets Law, and
said New York State Agriculture and Markets Law is herein incorporated
by reference.
[Added 9-24-2015 by L.L.
No. 4-2015]
The Town of Smithtown Animal Control and Adoption Center shall
henceforth be named the "Town of Smithtown Animal Shelter and Adoption
Center."
As used in this chapter, the following terms shall have the
meanings indicated:
ANIMAL CONTROL OFFICER
Any Animal Control Officer I or II or the Animal Shelter
Supervisor of the Town of Smithtown.
AT LARGE
Off the premises of the owner and not under the immediate
control of the owner, his owner's agent or a member of the owner's
family, or running at will, acting on its own initiative and not on
a rope, leash or similar device.
CAT
Any member of the species Felis domestica.
DOG
Any member of the species Canis familaris.
GUIDE DOGS
Any dog that is trained to aid a person who is blind, deaf
or otherwise physically disabled and is actually used for such purposes
or any dog owned by a recognized guide dog training center located
within the state during the period such dog is being trained or bred
for such purposes.
HARBOR
To provide food or shelter to any dog.
HOUSEHOLD
All the persons who live in one house; a family or a family
and servants.
IDENTIFICATION TAG
A tag which sets forth an official identification number
as required by the provisions of this chapter and the Agriculture
and Markets Law of the State of New York.
OFFICIAL IDENTIFICATION NUMBER
A series or combination of letters, numbers or symbols approved
and furnished by the Town Clerk or personnel of the Department of
Public Safety, Smithtown Animal Shelter and Adoption Center Division.
[Amended 8-14-2018 by L.L. No. 4-2018]
OWNER
The person in whom is vested the ownership or title of an
animal.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons.
POLICE DOG WORK
Any dog harbored by any state or municipal police department
or any state or federal law enforcement agency, which has been trained
to aid law enforcement officers and is actually being used for police
work purposes.
SHELTER CLERK
Includes any Department of Public Safety, Smithtown Animal
Shelter and Adoption Center Division, personnel.
[Amended 8-14-2018 by L.L. No. 4-2018]
SIDEWALK
The area between the curbline and the abutting property owner's
line.
It shall be and hereby is declared to be unlawful for any person
owning, possessing or harboring any dog to allow such dog, whether
licensed or not, to run loose or be at large in any territorial limits
of the Town of Smithtown, except upon any real property owned, leased
or lawfully occupied as a residence or on private lands with the permission
of the owner, unless such dog is under the immediate and full control
of the owner or person in charge thereof and said dog is on a suitably
strong leash no longer than six feet in length.
No person owning, harboring, keeping or in charge of any dog
shall cause, suffer or allow such dog to soil, defile, defecate on
or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypath, play area, park or any place where people congregate or walk
or on any public property whatsoever or on any private property without
permission of the owner of said property. The restriction in this
section shall not apply to that portion of the street lying between
the curblines, which portion shall be used to curb such dog under
the following conditions:
A. The person who so curbs such dog shall immediately remove all feces
deposited by such dog by any sanitary method approved by the Suffolk
County Department of Health.
B. The feces removed from the aforesaid designated area shall be disposed
of by the person owning, harboring, keeping or in charge of any dog
curbed in accordance with the provisions of this chapter in a sanitary
manner approved by the Suffolk County Department of Health.
[Amended 8-14-2018 by L.L. No. 4-2018]
A. Except as hereinbefore provided, any personnel of the Department
of Public Safety, Smithtown Animal Shelter and Adoption Center Division,
or any peace or police officer may:
(1) Seize any dog running at large.
(2) Seize any dog which is not licensed, whether on or off the owner's
premises.
(3) Issue summonses to the owners of all dogs seized.
(4) Seize any animal at the request of the Suffolk County Police Department,
Sheriff's Department or any Fire Department within the Town of Smithtown.
B. Every animal seized shall be properly fed and cared for at the expense
of the Town until redemption or disposition thereof is made as hereinafter
provided.
[Amended 8-14-2018 by L.L. No. 4-2018]
Any animal seized pursuant to the preceding section may be redeemed
by its owner, provided that such owner produces proof that the animal
has been licensed.
[Added 8-14-2018 by L.L.
No. 4-2018]
After a seized animal has been in the custody of the Town of
Smithtown Animal Shelter and Adoption Center for a period of not less
than three days, or, if notice to the owner was sent by mail, for
a period of not less than seven days, the Town of Smithtown Animal
Shelter shall not release a dog or cat to a person claiming ownership
thereof, unless such dog or cat has been sterilized by a licensed
veterinarian; provided, however, that such requirements shall not
apply:
A. If a licensed veterinarian certifies to such shelter that he or she
has examined such dog or cat and found that because of a medical reason,
the life of such dog or cat would be endangered by sterilization;
provided, however, that such reason shall not consist solely of the
youth of such dog or cat, if such dog or cat is at least eight weeks
of age;
B. Dogs.
(1)
If such dog, within the time period provided for by law, rule
or regulation, is claimed by a person claiming ownership thereof,
and such person demonstrates to the satisfaction of the shelter that
such dog has a breed ring show record from the American Kennel Club
or United Kennel Club or other similar registry association, dated
no more than 12 months prior to the date such dog entered such shelter,
or such person claiming ownership is able to provide proof that such
dog has successfully completed the requirements of the American Kennel
Club or United Kennel Club or other similar registry association,
for the title of champion or its equivalent, at any time prior to
the arrival of the dog at the shelter; or
(2)
If, within the time period provided for by law, rule or regulation,
the dog is claimed by a person claiming ownership thereof, and such
person demonstrates to the satisfaction of the shelter that such dog
is certified to provide the following services: guide dog, hearing
dog, service dog, therapy dog, or law enforcement work dog; or
(3)
If such dog is under the age of 12 months and is claimed by a person claiming ownership thereof and such person demonstrates to the satisfaction of the Commissioner that such dog is of a lineage of at least one parent animal that would qualify for exemption under Subsection
B(1) or
(2) above.
C. Cats.
(1)
If such cat, within the time period provided for by law, rule
or regulation, is claimed by a person claiming ownership thereof,
and such person demonstrates to the satisfaction of such shelter that
such cat has a breed show record from the Cat Fancier Association
or other similar registry association dated no more than 12 months
prior to the date such cat entered such shelter or such person claiming
ownership is able to provide proof that such cat has successfully
completed the requirements of the Cat Fancier Association or other
similar registry association for the title of champion, grand champion
or its equivalent, at any time prior to the arrival of the cat at
the shelter; or
(2)
If such cat is under the age of 12 months and is claimed by a person claiming ownership thereof and such person demonstrates to the satisfaction of the shelter that such cat is of a lineage of at least one parent animal that would qualify for exemption under Subsection
C(1) above.
[Amended 8-14-2018 by L.L. No. 4-2018]
A. In addition to the powers granted by law, the Smithtown Animal Shelter
and Adoption Center may accept an animal owned by a resident of the
Town of Smithtown for euthanasia or adoption, provided that such resident
signs a release upon the surrender of the animal, an affidavit attesting
to ownership and any other documentation required by the Smithtown
Animal Shelter and Adoption Center. The determination that additional
documentation or material is necessary to determine proof of ownership
of any animal shall be left to the discretion of the personnel of
the Department of Public Safety, Smithtown Animal Shelter and Adoption
Center Division, the determination of which shall be conclusive and
final.
(1) Any animal surrendered for euthanasia pursuant to this section, which
animal is maimed, diseased, disabled, infirm or, in the sole opinion
of the owner, unfit for any useful purpose, may be immediately euthanized
if the personnel of the Department of Public Safety, Smithtown Animal
Shelter and Adoption Center Division, obtains from the owner of the
animal a statement that the animal is maimed, diseased, disabled,
infirm, or, in the sole opinion of the owner, unfit for any useful
purpose. Final determination as to whether euthanasia is appropriate
shall be left to the sole discretion of the personnel of the Department
of Public Safety, Smithtown Animal Shelter and Adoption Center Division,
after examination of the animal.
(2) Any animal otherwise surrendered shall not be euthanized until a
minimum of five days shall have passed, unless extenuating circumstances
exist, as determined by the personnel of the Department of Public
Safety, Smithtown Animal Shelter and Adoption Center Division. The
surrendered animal must be made available for adoption from the time
the animal is surrendered to the Smithtown Animal Shelter and Adoption
Center until a minimum of five days shall have passed. After waiting
the requisite five days, the surrendered animal may then be euthanized.
[Amended 8-14-2018 by L.L. No. 4-2018]
A. Any person or group wishing to adopt an animal from the Smithtown
Animal Shelter and Adoption Center shall pay to the personnel of the
Department of Public Safety, Smithtown Animal Shelter and Adoption
Center Division, a nonrefundable fee per the applicable fee schedule
or such other fee as may be established by the Town Board from time
to time.
B. All animals which have not been spayed or neutered and are of spay
or neuter age and are adopted from the Smithtown Animal Shelter and
Adoption Center must be spayed or neutered at the point of adoption,
prior to taking possession of the animal, unless:
(1) There is a veterinarian's determination that the adopted animal should
not be spayed or neutered due to medical reasons and a written statement
from a veterinarian is provided to the Smithtown Animal Shelter and
Adoption Center prior to the adoption of the animal.
C. All animals adopted from the Smithtown Animal Shelter and Adoption
Center shall be implanted with a microchip and receive any age-appropriate
vaccinations, as determined by the Smithtown Animal Shelter and Adoption
Center veterinarian, at no additional cost to the adopter.
[Amended 7-12-2022 by L.L. No. 1-2022]
D. Notwithstanding any of the forgoing, no adoption of any animal from
the Smithtown Animal Shelter and Adoption Center shall be authorized
or permitted by any college, educational, research or similar institution
for purposes of research or experimentation on animals.
[Amended 8-14-2018 by L.L. No. 4-2018]
No liability shall be imposed upon any personnel of the Department
of Public Safety, Smithtown Animal Shelter and Adoption Center Division,
the Town, or any employee of the Town for the euthanasia of any animal
or animals pursuant to the provisions of this chapter or other applicable
law, ordinance, rule or regulation.
This chapter shall be deemed not to restrict in any manner the
powers and authority conferred upon the Town by Article 7 of the Agriculture
and Markets Law of the State of New York.
[Added 9-5-2017; amended 8-14-2018 by L.L. No. 4-2018]
A. The Town
Board may modify, from time to time, any charge or fee set forth under
this chapter by Town Board resolution.
B. The current
Animal Shelter Fee Schedule is as follows:
(1) Flat
fees:
[Amended 8-10-2021 by Res. No. 2021-710]
(e) Additional kittens/bonded cats (adopted at the same time as the first
kitten/cat): $25 each.
(f) Other pets: Fees are set by the staff in accordance with the type
of animal, but no fee shall be less than $25.
(2) Miscellaneous
services:
(a) Trap rental returned binder: $40.
(b) Microchips (residents): $25.
(3) Redemption
fees:
[Added 8-10-2021 by Res. No. 2021-710]
(a) First offense (within a 365-day period): $25 for the first dog or
cat; additional $10 for each additional dog or cat (Example: two dogs/cats
from the same owner/family: fee for first dog/cat equals $25; fee
for second dog/cat equals $35; total redemption fee for both dogs/cats
equals $60).
(b) Second offense (within a 365-day period): $50; additional $10 for
each additional dog or cat (Example: two dogs/cats from the same owner/family:
fee for first dog/cat equals $50; fee for second dog/cat equals $60;
total redemption fee for both dogs/cats equals $110).
(c) Third offense (within a 365-day period): $100 plus additional $10
for each additional dog or cat (Example: two dogs/cats from the same
owner/family: fee for first dog/cat equals $100; fee for second dog/cat
equals $110; total redemption fee for both dogs/cats equals $210).
(d) Fourth offense (within a 365-day period): $200 plus $10 for each
additional dog (Example: two dogs from the same owner/family: first
dog equals $200; second dog equals $210; total redemption fee for
both dogs equals $410).
(e) Additional offenses: The redemption fee shall double for each additional
offense committed within a 365-day period plus the additional $10
fee added for each additional dog or cat.
(f) Nightly fee: $10 per night for the first dog or cat; $10 plus an
additional $10 per night for each additional dog/cat (Example: two
dogs/cats from the same owner/family: fee for first dog/cat equals
$10; fee for second dog/cat equals $20 per night; total fee per night
equals $30).
C. In all
situations, the final determination regarding fee calculations shall
be made by Smithtown Animal and Adoption Center Personnel on an approved
form.
[Amended 8-10-2021 by Res. No. 2021-710]
This chapter shall take effect immediately upon filing with
the Secretary of State of the State of New York.