As used in this chapter, the following terms shall have the meanings
indicated:
Any creature of the kingdom Animalia except a human being.
[Amended 7-10-1990 by L.L.
No. 19-1990]
A nonprofit, private or publicly owned and operated facility where
stray, unwanted, lost or abandoned animals are held, but shall not include
a facility with four or fewer animals.
An individual, association, firm, syndicate, corporation, department,
bureau or agency or any entity recognized by law as the subject of rights
and duties.
Animal enclosures in which an animal normally rests or sleeps.
The Town of Southampton, excluding any incorporated village.
No person shall operate an animal shelter in the Town of Southampton
unless said person holds a valid permit issued by the Town Board of the Town
of Southampton. Said permit shall expire on December 31 of the year it is
issued unless renewed as provided by this chapter. Public facilities shall
be exempt from the permit requirement of this article.
A.
A fee of $200 shall be paid to the Town of Southampton
upon the filing of an application for a permit pursuant to this chapter. The
same fee shall be payable upon application for renewals.
B.
The application for a permit or renewal thereof shall
be on a form to be obtained from the Town Clerk. Said application shall provide
the following:
(1)
The name and address of the applicant.
(2)
In the case of a corporation, the name and addresses
of all officers of the corporation shall be provided; in the case of a partnership,
firm or other entity, the names and addresses of partners thereof shall be
provided.
(3)
A survey of the premises on which the shelter is to be
located.
(4)
A site plan indicating the location of all buildings
and structures on the site which are to be used as part of the facility. A
complete floor plan shall also be provided for buildings which are part of
the facility.
(5)
A description of the ventilation and plumbing systems
for the facility.
(6)
A statement as to how many animals will be kept in the
facility and what types of animals are expected to be kept.
(8)
A statement as to whether the application is for an original
permit or a renewal.
(9)
The names and addresses of all property owners within
500 feet of the subject premises.
(10)
Any additional information which the Town Board may require
in considering the application.
A.
No permit shall be issued authorizing the operation of
an animal shelter under this chapter until after a public hearing has been
held by the Town Board. At least 10 days' notice of the time and place of
such hearing shall be published in the official newspaper of the Town as designated
by the Town Board, and the Town Clerk shall also post said notice on the official
signboard of the Town. The applicant shall also give written notice of at
least 10 days before the hearing to all owners of record and properties within
500 feet of the outside boundaries of the premises within which the animal
shelter will be operated.
B.
The Town Board may waive this public hearing requirement
in the case of permit renewals.
After the public hearing, where the Town Board finds that an application
fully complies with the provisions of this chapter, a permit may be issued
for the operation of an animal shelter. The Town Board in granting a permit
may impose reasonable conditions to ensure the lawful and proper operation
of the animal shelter. Where the Town Board denies an application for a permit,
the reasons for said denial shall be so stated, in writing, and provided to
the applicant.
Where an application is for renewal of a permit, the Town Board may grant said renewal where the provisions of this chapter and the conditions of the existing permit have been met by the applicant. Where an application for renewal has violated the provisions of this chapter or any condition of the permit in the operation of an animal shelter, the Town Board shall deny any application for renewal. However, a permit may be renewed where the applicant can demonstrate to the satisfaction of the Town Board a good faith effort to comply with this chapter and any conditions during the period for which the permit is sought. No application for renewal of a permit shall be denied unless a public hearing has been held pursuant to § 99-4 of this chapter. Where an application for renewal is denied by the Town Board, the reasons for said denial shall be so stated, in writing, and provided to the applicant.
A.
The Town Board shall have the power to suspend or terminate
a permit if, after a public hearing, the Town Board finds that any provision
of this chapter or condition of the permit has been violated.
B.
Where a hearing is held pursuant to this section, the permittee shall be notified that a hearing will be held before the Town Board to consider the suspension or termination of his permit. Said notice shall specify the time and place of the hearing and the ground or grounds for suspension or termination which will be the subject of the hearing. Said notice shall be in writing and shall be served either personally or by certified mail, return receipt requested, at least 10 days prior to the date of the hearing. The Town Clerk shall also publish and post notice of said hearing in the same manner provided for in § 99-4 of this chapter.
C.
At the time of the public hearing, the Town Board gives
the permittee and any other interested party a reasonable opportunity to be
heard. The decision of this Town Board shall be in writing, shall specify
the ground or grounds upon which a decision is based and shall be final and
conclusive.
D.
Where the Town Board determines a permit should be suspended
or revoked, the Town Board shall direct the Town Clerk to notify the permittee
that his permit is suspended or revoked. Such notice shall be served personally
or by return receipt, addressed to the place of business of the permittee.
A permittee shall immediately surrender the permit to the Town Clerk upon
its suspension or revocation by the Town Board.
