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Village of Islandia, NY
Suffolk County
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Table of Contents
Table of Contents
A. 
Definitions. For the purpose of this article, the terms used herein are defined as follows:
ALLOW
For the purposes of § 67-2 of this article, shall be construed as meaning to either willfully permit or fail to take such advanced precautions as will prevent such dog from running at large in any place prohibited in said § 67-2.
APPLICATION
A written statement in a form prescribed by the Dog Warden, stating the name and residence of such person and containing a description of such dog and the number of its license, if any. Such "application" shall contain a statement that the applicant is the sole and absolute owner of the dog described and request that the Dog Warden destroy or hold for adoption such dog.
AT LARGE
Off the premises of the owner and not under the control of the owner or a member of his family, whether by leash, cord or chain.
DOG
Any live or dead dog (Canis familiaris). The word "dog" as used herein shall include the singular and the plural and shall include both the male and female.
IDENTIFICATION TAG
A tag which sets forth an official identification number as required by the provisions of the Agriculture and Markets Law.
IDENTIFIED DOG
Any dog carrying an identification tag as provided in § 112 of the Agriculture and Markets Law.
OWNER OR PERSON
Any person or persons, firm, association or corporation owning, keeping or harboring a dog.
RESIDENT
A person who maintains a residence within the Village of Islandia.
SHELTER
The Town of Islip Animal Shelter.
SIDEWALK
The area between the curbline and abutting the property owner's line.
SURRENDER
A voluntary forfeiture of ownership and possession.
B. 
Word usage. The term "shall" is mandatory, and "may" is permissive.
A. 
It shall be unlawful and an infraction hereunder for any owner of any dog to allow such dog, whether licensed or unlicensed, to be at large within the Village.
B. 
This section, however, shall not apply to any dog owned by the Suffolk County Police Department, Canine Section, when such dog is allowed to be at large within the Village in pursuit of a suspected criminal.
[Added 7-30-2013 by L.L. No. 12-2013]
A. 
It shall be unlawful and a violation of this chapter for any person to tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors or cause such dog to be restrained in a manner that:
(1) 
Endangers such dog's health, safety or well-being:
(2) 
Restricts such dog's access to suitable and sufficient food and water;
(3) 
Does not provide such dog with shelter appropriate to its breed, physical condition, and the climate as defined by § 353-b of the New York State Agriculture and Markets Law; or
(4) 
Unreasonably limits the movement of such dog because it is too short for the dog to move around or for the dog to urinate or defecate in a separate area from the area where it must eat, drink. or lie down.
B. 
Notwithstanding the provisions of Subsection A of this section, no person shall tether, leash, fasten, secure, restrain, chain or tie a dog for any amount of time with a device that:
(1) 
Is a choke collar or pinch collar, or otherwise causes such dog to choke:
(2) 
Has weights attached or contains links that are more than one-quarter-inch thick;
(3) 
Because of its design or placement, is likely to become entangled;
(4) 
Is long enough to allow such dog to move outside of its owner's property; or
(5) 
Would allow the restrained dog to move over an object or edge that could result in the strangulation of or injury to such dog.
C. 
The provisions of this section shall not be construed to prohibit the Village of Islandia, any accredited Society for the Prevention of Cruelty to Animals or any law enforcement agency from enforcing any other law, rule or regulation regarding the humane treatment of animals.
A. 
A Dog Warden, police officer or peace officer shall seize any dog within the Village which is not wearing a collar and identification tag and is not on the owner's premises, which is not licensed or which is at large. The seized dog shall be removed to the Shelter.
B. 
Unidentified dogs.
(1) 
Each dog which is not identified, whether or not licensed, shall be held for a period of seven days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof of ownership, proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 of the Agriculture and Markets Law, and further provided that the owner pays the required fees established by the Town of Islip.
(2) 
Identified dogs. Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after the day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the fees prescribed by Subsection B(1) of this section by producing proof that the dog has been licensed and by producing proof of ownership.
C. 
Disposition.
(1) 
An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized.
(2) 
No such dog shall be delivered for adoption unless it has been licensed pursuant to the provisions of Article 7 of the Agriculture and Markets Law prior to its release from the custody of the Shelter. The fee for adopting a dog shall be $5; $3 for cats.
[Amended 11-6-1997 by L.L. No. 5-1997]
A. 
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 the permission of the owner of said property. The restriction in this section shall not apply to that portion of a street lying between the curblines.
B. 
Any person owning, harboring, keeping or in charge of any dog which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, including that portion of a street lying between the curblines, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of such property shall immediately remove all feces deposited by such dog. The feces removed shall be disposed of by the person owning or in charge of any such dog in a sealed, nonabsorbent, leakproof container.
C. 
Exception for guide dogs. The restriction in this section shall not apply to individuals who may use guide dogs.
D. 
Penalties for offenses of this section shall be punishable by a fine not less than $25 for a first offense up to the maximum $250 as provided in § 67-23 of this chapter for subsequent offenses.
The Dog Warden of the Town of Islip, in addition to the powers granted to him by law, may, upon the application of a resident of the Village and surrender of the animal at the animal shelter, accept any dog or cat owned by such resident for immediate destruction or any dog for immediate adoption. A dog may be surrendered for adoption or destruction; and if, in the opinion of the Dog Warden, said dog is not suitable for adoption, the dog may be humanely destroyed.
A. 
Licensing.
(1) 
No person shall own or harbor a dog within the Village unless it is licensed in accordance with the requirements of Article 7 of the Agriculture and Markets Law of the State of New York.
(2) 
Any person owning or harboring a licensed dog within the Village shall place and keep on such licensed dog a suitable collar to which shall be securely attached a dog license tag for such dog, in accordance with the requirements of Article 7 of the Agriculture and Markets Law of the State of New York.
B. 
Fees.
(1) 
Adoption. A resident of the Village may surrender his dog to the Dog Warden for adoption and shall pay a fee of $10. Such dog shall be held for a minimum period of five days, provided that no health problems arise necessitating destruction of the dog.
(2) 
An owner surrendering his dog for immediate destruction shall pay a fee of $5.
(3) 
Cats. A resident of the Village and owner of a cat may surrender his cat to the Dog Warden for destruction at no cost to him.
(4) 
Transportation fee. An additional fee of $5 per animal shall be imposed whenever a Warden travels to the owner's premises to receive the owner's animal. This fee shall also apply to cats.
The Dog Warden, Deputy Dog Wardens and peace officers duly authorized to act as such within the Village are hereby authorized to issue summonses and to present information for the appearance of violators of this article before courts of competent jurisdiction.