Town of Babylon, NY Article I Dogs

§ 106-1 Statutory authority.

[Amended 4-19-1983 by Res. No. 2; 11-17-2010 by L.L. No. 33-2010]

The licensing of dogs, the enumeration of dogs, the seizure of unlicensed or untagged dogs, the seizure of unleashed dogs, pounds, dog control officers and other related matters are provided for in Article 7 of the Agriculture and Markets Law. The Town Clerk shall have the authority and powers granted to municipalities pursuant to Article 7 of the Agriculture and Markets Law, as amended by L. 2010, c. 59, Part T, and as further amended from time to time, including the setting of all fees associated with this chapter, as well as the necessary rules and procedures associated with the administration of this chapter. Pursuant to the authority contained in such Law, restrictions upon the keeping and running at large of dogs within the Town are provided for in this article.

§ 106-2 Definitions.

[Amended 11-20-1979 by Res. No. 3; 4-9-1983 by Res. No. 2]

As used in this article, the following terms shall have the meanings indicated:

ANIMAL CONTROL OFFICER

Any one or more individuals appointed by the Town Board to assist in the enforcement of this article under the provisions of Article 7 of the Agriculture and Markets Law.

OWNER

Includes a person harboring, keeping, possessing or having care or custody or responsibility for any dog.

§ 106-3 Dogs at large; tethering of dogs; dogs in unattended vehicles.

[Amended 7-7-1970; 11-20-1979 by Res. No. 3; 10-21-2003 by L.L. No. 27-2003; 8-16-2011 by L.L. No. 15-2011; 2-15-2023 by L.L. No. 5-2023; 7-12-2023 by L.L. No. 13-2023]

A. Dogs at large prohibited; restraining dogs.

(1) It shall be a violation of this section for any person owning, keeping, harboring, housing, sheltering, lodging or having care or custody or responsibility for any dog, to permit a dog, whether licensed or unlicensed, to be at large within the Town other than on the owner's premises. For purposes of this section, a dog on a leash of six feet or more shall be considered a "dog at large."

[Amended 10-11-2023 by L.L. No. 19-2023]

(2) No person shall tether, leash, fasten, secure, restrain, chain or tie a dog to a stationary object outdoors, or cause such animal to be so restrained, for longer than one continuous hour in any continuous twelve-hour period.

(3) Nothing in this section shall be construed to prohibit a person from walking a dog on a hand-held leash.

(4) Any person who tethers, leashes, fastens, secures, restrains, chains or ties a dog to a stationary object outdoors shall provide such animal with adequate food, water and shelter, and shall restrain the dog with a device having swivels at both ends that is of an adequate length for the type, age and size of the dog being restrained; provided, however, that the requirement to provide adequate food, water and shelter shall not apply to a person who restrains a dog for a period of time that is 15 minutes or less in duration.

B. Notwithstanding the provisions of this section, no person shall tether, leash, fasten, chain, tie, secure or restrain any dog for any amount of time with a device that:

(1) Is a choke collar or pinch collar, or similar collar that restrains the dog in such a manner that it impairs the flow of oxygen or blood to the dog which may cause choking or substantial discomfort to the dog;

(2) Is embedded, partially embedded or may become embedded in the dog's skin;

(3) Weighs more than 1/8 of the dog's total body weight, but in no event shall such weight exceed 10 pounds;

(4) Is less than 10 feet in length for a running cable trolley and 15 feet in length for a tether to a stationary object;

(5) Is too short to allow the dog continuous access to adequate food, water, and shelter or to urinate or defecate in an area separate from where it must eat, drink, or lie down;

(6) Is not designed for dogs;

(7) Has weights attached or contains links that are more than one-quarter-inch thick;

(8) Because of its design or placement is likely to become entangled around itself, the dog, objects or other animals;

(9) Is long enough to allow the animal to move outside of its owner's property; and

(10) Would allow the restrained animal to move over an object, including, but not limited to, any type of fencing or barrier or edge that could result in the strangulation of or injury to such animal.

C. Notwithstanding the provisions of this section, any tether, leash, fastener, chain, tie, or restraint shall be attached to a properly fitting collar or harness designed for this purpose worn by the dog, with enough room between the collar and the dog's throat through which two adult fingers may fit; provided, however, that such collar or harness is in compliance with Subsection B(1) above.

D. Notwithstanding the provisions of this section, no person shall tether, leash, fasten, chain, tie, secure or restrain any dog for any amount of time if such dog is less than six months of age, sick or injured, or a nursing mother whose offspring is present.

E. Notwithstanding the provisions of this section, no person shall tether, leash, fasten, chain, tie, secure or restrain more than one dog at a time on a permissible device.

F. Notwithstanding the provisions of this section, no person shall tether, leash, fasten, secure, restrain, chain, tie, pen or otherwise confine or leave a dog unattended outdoors for more than 30 minutes in inclement weather or under other conditions or for such a period of time as may endanger the health or well-being of such dog due to heat, lack of potable water or such other circumstances, such as a weather advisory by any federal, state, county, or town government or as reasonably may be expected to cause suffering, disability or death. It shall be a rebuttable presumption that any temperature below 32° F. or above 90° F. constitutes inclement weather.

G. Notwithstanding the provisions of this section, no person shall allow a tethered, leashed, fastened, chained, tied, secured or restrained dog to be taunted, prod, hit, harassed, threatened, attacked or otherwise harmed by humans or other animals.

H. Dogs in unattended vehicles.

(1) It shall be a violation of this section for any person to place or confine a dog or permit a dog to be placed or confined or remain in an unattended vehicle without sufficient ventilation or under other conditions or for such a period of time as may endanger the health or well-being of the dog due to heat, lack of water or such other circumstances as reasonably may be expected to cause suffering, disability or death.

(2) Any police officer, peace officer, animal control officer or other law enforcement officer of the Town of Babylon who finds a dog in a motor vehicle in violation of Subsection C(1) hereof may enter the motor vehicle, without civil or criminal liability, to remove the animal. Once removed, the dog shall be taken to the Town animal shelter.

(3) In the event that the owner or custodian of the dog cannot otherwise be located, the officer shall leave in a prominent place on or in the vehicle a written notice bearing his name and department and the address of the Town shelter where the dog may be claimed by the owner thereof. The Town shelter shall make reasonable efforts to contact the owner and give notice that the dog is in its custody. The dog shall be surrendered to the owner if the owner claims the dog within 10 days from the time the dog was removed from the vehicle and pays all reasonable charges which have accrued for the maintenance of the dog. If the owner does not claim the dog within the specified time, the Town shelter may place the dog for adoption in accordance with provisions of this chapter and the Agriculture and Markets Law of the State of New York.

I. Upon a finding of any violation(s) of this section, any dog seized pursuant to the provisions of this chapter or any other state or federal law shall be returned to the owner or custodian only upon proof that the violation(s) have been cured.

J. Violations of this section may be supported by evidence, including, but not limited to, time-stamped photographs and video, records of complaints, and sworn witness statements.

K. The provisions of this section shall not be construed to prohibit the department, the American Society for the Prevention of Cruelty to Animals, the Suffolk County Society for the Prevention of Cruelty to Animals or any law enforcement officer or peace officer from enforcing any other law, rule or regulation regarding the humane treatment of animals.

L. The provisions of Subsection A of this section shall not apply to the officers or employees of any federal, state or city law enforcement agency using dogs in the scope of their employment.

M. Nothing in this section shall be construed to affect any other protections afforded to animals under any provision of law, including, but not limited to, the requirement of adequate shelter pursuant to § 353-b of the New York State Agriculture and Markets Law.

N. If any clause, sentence, paragraph, subdivision, or part of this section, or the application thereof to a particular person, animal or circumstance, shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this section directly involved in the controversy in which such judgment shall have been rendered.

§ 106-4 Seizure of dogs at large.

[Amended 4-19-1983 by Res. No. 2; 8-16-2011 by L.L. No. 15-2011; 1-24-2012 by L.L. No. 1-2012]

A. Animal Control Officers of the Town shall be and are hereby authorized and directed to seize all dogs:

(1) Whether or not tagged or licensed, not restrained by a leash, found off the owner’s premises and to confine same at the Town shelter.

(2) Which are not licensed, whether on or off the owner's premises, pursuant to Article 7 of the New York State Agriculture and Markets Law, and to confine same at the Town shelter.

[Amended 2-15-2023 by L.L. No. 5-2023]

B. Notwithstanding Article 7 of the New York State Agriculture and Markets Law, holding periods prior to euthanasia of stray and owner-identified animals being five and seven days, respectively, it shall be the policy of the Town of Babylon Animal Shelter not to euthanize dogs unless they are unadoptable due to temperament or have been available for adoption for at least 90 days. Thereafter, if the animals remain unclaimed, they become the property of the Town of Babylon and may be held for an additional 30 days at the discretion of the Town.

§ 106-5 Procedure for seizure and confinement.

The seizure of unlicensed or untagged dogs and the seizure of unleashed dogs, their confinement and care, the manner and time of redeeming such dogs and the payment of and the amount of any fees to the Town Clerk in connection therewith shall be in the manner prescribed and in accordance with the provisions of Article 7 of the Agriculture and Markets Law in effect from time to time.

§ 106-6 Loud or prolonged barking. [1]

[Amended 5-4-1976]

No person who owns, possesses or harbors a dog shall suffer, permit or allow such a dog to bark, howl or whine in a loud or prolonged manner which shall unreasonably disturb any other person.

[1] Editor's Note: See Ch. 156, Noise.

§ 106-6.1 Dogs prohibited where posted.

[Added 6-17-1986]

No person owning or being the custodian of any dog shall cause or permit such dog to enter onto any Town park, recreational area or other Town-owned property where it is posted that such activity is prohibited.

§ 106-7 Licensing of dogs.

[Added 11-20-1979 by Res. No. 3; amended 7-18-2006 by L.L. No. 20-2006; 2-15-2023 by L.L. No. 5-2023]

A. Every dog, regardless of age, owned or kept, harbored, housed, sheltered or lodged in the Town of Babylon must be licensed with the Town of Babylon. A license shall be renewed after a period of one year beginning with the first day of the month following the date of issuance and shall be renewable annually thereafter prior to the expiration date.

B. The owner, lessee, occupant or person in charge of any property in the Town of Babylon upon which a dog is kept, harbored, housed, sheltered or lodged is guilty of a violation if said dog is not licensed, regardless of the ownership of the dog.

C. It shall likewise be a violation to affix to any dog a false or improper identification or purebred license tag.

D. The Town Clerk shall thereafter be authorized to appoint a superior Dog Control Officer as an assistant in the issuance of said dog licenses. The issuance of any license by such officer shall be under the control and supervision of the Town Clerk.

§ 106-8 License fees.

[Added 11-20-1979 by Res. No. 3; amended 11-18-1980 by Res. No. 6; 4-6-1983 by Res. No. 2; 11-15-1983; 2-26-1991; 11-17-2010 by L.L. No. 33-2010]

The Town Clerk may establish a schedule of fees, including licensing fees, to be collected for services rendered in connection with the work of her department and administration of this chapter and for which she deems it necessary to charge and collect a fee.

§ 106-8.1 Insurance required.

[Added 8-14-2001 by L.L. No. 7-2001; amended 8-16-2011 by L.L. No. 15-2011]

Owners of a dangerous dog, as defined in Article V, § 106-32, shall be required to obtain an insurance policy of $250,000 covering damage caused by an attack before they may get a dog license from the Town.

§ 106-8.2 Penalties for no insurance.

[Added 8-14-2001 by L.L. No. 7-2001; amended 8-16-2011 by L.L. No. 15-2011]

Owners who do not obtain the required insurance before obtaining a license from the Town for a dangerous dog shall be fined $1,000 for the first offense, $3,500 for the second offense and $5,000 for any subsequent offenses.

§ 106-9 Penalties for violations.

[Added 11-20-1979 by Res. No. 3; amended 4-19-1983 by Res. No. 2; 10-7-2003 by L.L. No. 21-2003; 8-16-2011 by L.L. No. 15-2011; 4-27-2022 by L.L. No. 10-2022]

A. The Town Board finds that the proliferation of violations of the provisions of the Town Code of the Town of Babylon has caused a serious threat to the safety and welfare of the residents of the Town and has eroded the quality of life of all who live and work in the Town. The Town Board therefore finds it necessary and proper to increase the fines and related penalties for violations of the Town Code. It is further the intent of the Town Board to exercise its authority as provided by law with particular reference to its authority pursuant to Municipal Home Rule Law § 10 (4) (b) and Town Law § 135, and the Town Board hereby supersedes any inconsistent provisions of state law.

B. Any person violating any provision of this article shall be guilty of an offense and, upon conviction thereof, shall be subject to a fine of not less than $250 nor more than $1,000 or imprisonment not exceeding 15 days, or both for the first offense; and shall be subject to a fine of not less than $1,000 nor more than $1,500 or imprisonment not exceeding 15 days or both for the second offense committed within five years of the first offense; and to the penalties provided in § 1-15 of this Code for each succeeding offense committed within five years of the first offense. Any person found by the Bureau of Administrative Adjudication to have violated any provision of this article shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein for a first offense and subsequent offenses. The foregoing penalties shall be in addition to the payment of such amounts as are required for the redemption of any dog seized by the Animal Control Officer.

§ 106-10 Disposition of fines.

[Added 11-20-1979 by Res. No. 3]

Notwithstanding any other provision of law, all moneys collected as fines or penalties by any municipality as a result of any prosecution for violations of the provisions of this article or any local law or ordinance and all bail forfeitures by persons charged with such violations shall be the property of the municipality and shall be paid to the financial officer of such municipality.

§ 106-10.1 Control of wastes; penalties for offenses.

[Added 7-3-1984 by Res. No. 629]

A. No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, urinate, 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 the permission of the owner of said property. The restriction in this section shall not apply to that portion of street lying between the curblines which shall be used to curb such dog under the following conditions:

(1) The person who so curbs such dog shall immediately remove, in a suitable container, all feces deposited by such dog.

(2) The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any dog curbed. Disposal of feces in street storm collection systems is prohibited.

(3) The provisions of this section shall not apply to any blind person accompanied by a guide dog.

B. Any person violating any provision of this section shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of not less than $25 but not to exceed $250 or 10 days in jail, or both.