[Amended 7-9-1985 by Ord. No. 85-CE-12; 8-11-1992 by L.L. No.
4-1992; 9-13-1994 by L.L. No. 8-1994; 6-19-2001 by L.L. No. 11-2001; 4-16-2002 by L.L. No. 11-2002; 12-16-2003 by L.L. No. 39-2003; 4-24-2007 by L.L. No. 12-2007; 8-28-2007 by L.L. No. 32-2007; 11-5-2008 by L.L. No. 32-2008; 12-14-2010 by L.L. No. 30-2010]
[Amended 8-12-2016 by L.L. No. 36-2016; 11-19-2019 by L.L. No. 58-2019]
(A)
Any person owning, possessing or harboring a dog, pet or other animal
shall be responsible for the conduct of the animal at all times. Except
as to those persons owning, possessing or harboring cats, all persons
owning, possessing or harboring a dog, pet or other animal shall be
responsible for restraining and keeping the animal on his or her own
property and shall not allow or permit a dog, pet or other animal
to stray upon any private or public property.
(B)
Except as permitted in off-leash areas and § 159-20(D),
it is unlawful for any person owning, possessing or harboring a dog
or other animal in the Town of Huntington to permit or allow such
dog or animal to run at large on any public property, including but
not limited to parks, roadways, highways, streets, walkways, pathways
and sidewalks, or to permit such animal with or without a leash or
restraint to enter any public beach, swimming, bathing or wading area,
pond, fountain, stream or organized athletics area. The Director of
Parks and Recreation and the Director of Public Safety, or their designees,
may remove or otherwise ban dogs and other pets, or a specific dog
or pet, from any park or part thereof, where he or she determines
that same may be a nuisance or is necessary to protect the health
and safety of the public or maintain peace and order.
(C)
The provisions of this section shall not apply to law enforcement
work dogs, utilized by federal or state law enforcement agencies while
under the control of law enforcement for law enforcement purposes.
(D)
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 Section
353-b of the New York State Agriculture and Markets Law.
(E)
It shall be a violation of this section for any owner to permit a
dog or other animal, whether licensed or unlicensed, to be at large
within the Town of Huntington other than the owner's premises or in
an authorized off-leash area.
(A)
Nothing
in this article is intended to prohibit a dog from running at large
in such off-leash areas as the Town Board may designate after a public
hearing. The Town Board may hold a public hearing on its own motion.
The Directors of Parks and Recreation, General Services and Planning
and Environment shall submit their recommendations to the Town Board
prior to the dedication of any land as a designated off-leash area.
The Town Board may dedicate such land upon such terms and conditions
as it deems advisable to protect the health and safety of residents
or to promote public peace and order, and may discontinue such use
at any time.
(B)
Licenses
and registration. All dogs in the off-leash area must be licensed
as required by this chapter and all applicable laws or rules. All
dogs in the off-leash area must be registered with the Department
of Public Safety Animal Control and furnish proof of current Town
issued license, current rabies vaccination certificate issued by a
licensed veterinarian if the vaccination information listed on the
dog's license is missing or the vaccination has expired, proof of
Town residency and such other proof or information as may be required
by the Director of Public Safety or his/her designee. The Director
or his/her designee may deny the registration as he or she deems advisable.
[Amended 11-19-2019 by L.L. No. 58-2019]
(C)
No animal
other than dogs are permitted in off-leash areas. No more than twenty
(20) dogs in an off-leash area at one time. Any person who takes a
dog into a designated off-leash area must have physical control of
the dog by means of a leash when entering and leaving the off-leash
area, and must maintain voice control over the dog and keep the dog
in sight at all times while in the off-leash area. Each person bringing
a dog into an off-leash area shall be responsible for the conduct
of such animal and shall be responsible for all injury to person or
property caused by the dog. Dogs showing aggression toward other persons
or dogs must be immediately leashed and removed from the off-leash
area. Each person bringing a dog into the off-leash area shall carry
the proper equipment for removing feces, and shall remove the feces
from the designated area and dispose of same in a sanitary manner
by placing the feces deposited by such dog in an appropriate receptacle.
Professional dog trainers may not use an off-leash area for the conduct
of their business and no person shall bring more than two (2) dogs
to the park at one time.
(D)
The Director
of Parks and Recreation and the Director of the Department of Public
Safety may adopt such rules and regulations as he deems advisable
for the safe use and operation of off-leash areas. The Director of
Parks and Recreation and the Director of Public Safety may temporarily
ban dogs or a specific dog from any off-leash area where he or she
determines that same may be a nuisance or is necessary to maintain
peace and order, or necessary to protect the health and safety of
the public. If a dog is repeatedly permitted or allowed to commit
acts in violation of this article, the Director of the Department
of Public Safety or his/her designee may revoke the permitted use
of the park to the dog upon notice to the owner by certified mail,
return receipt requested.
[Amended 11-19-2019 by L.L. No. 58-2019]
No person, owner, agent and/or employee of any commercial or
retail establishment, or association within the Town of Huntington
shall prevent a guide dog, hearing dog, therapy dog, or service dog
(as defined in Article 7 of the New York State Agriculture and Markets
Law), while under the control of a person needing assistance from
entering their premises or a public location.
(A)
The Animal Control Officer or any peace officer shall
seize any dog, or animal, under the following circumstances:
[Amended 8-12-2016 by L.L. No. 36-2016]
(2)
Is
not licensed, whether the dog is located on or off the owner’s
or person-in-charge’s property.
(3)
Any
licensed dog which is not in the control of the dog’s owner
or custodian, or not on the property of the dog’s owner or custodian,
if there is probable cause to believe that the dog is dangerous.
(4)
Any
dog that in the opinion of the Animal Control Officer, police officer
or peace officer poses an immediate threat to the public safety.
(B)
Every
dog seized, until disposed of, shall be properly sheltered, fed, watered
and cared for the redemption period specified in this chapter.
(C)
The owner of a dog seized may redeem the dog within
seven (7) days, except that the owner of a dog bearing a license tag
may redeem the dog within twelve (12) days, by paying the following
impoundment fees, in addition to a rabies vaccination fee of fifteen
($15.) dollars in the event that the redeemed dog requires vaccination
to prevent the spread of rabies, and a licensing fee in the event
that the redeemed dog is not licensed, to the Town Clerk or Animal
Control Officer:
(1)
Twenty-Five ($25.) dollars for the first impoundment
of each dog; Thirty-Five ($35.) dollars for the second impoundment
and Fifty ($50.) dollars for the third impoundment and each impoundment
thereafter.
(2)
In addition to the fees enumerated above, there shall
be an additional ten ($10.) dollar fee for the boarding of any dog
for each day or a portion thereof.
(D)
In the case of adoption of a seized dog, an adoption
fee of eighty ($80.) dollars shall be paid to the Town of Huntington.
In addition, said dog must be vaccinated to prevent the spread of
rabies and spayed/neutered before adoption. If said dog is not vaccinated,
a vaccination fee of fifteen ($15.) dollars shall be due and payable
to the Town of Huntington. At the time of adoption, a license shall
be obtained for the dog upon payment of appropriate fees by the new
owner of record. All proceedings by the Animal Control Officer or
any peace officer for seizure and impounding of dogs and/or the redemption,
disposition or adoption thereof shall be conducted and/or collected
pursuant to the provisions of the Agriculture and Markets Law or successor
law.
(A)
It shall be unlawful for a dog to defecate, urinate or commit a nuisance
on public property, except that portion of a public street lying between
the curblines in accordance with the requirements of Subsection B
or on private property without the consent of the owner or person
in possession of such private property. A person owning or possessing
a dog which defecates, urinates or commits any nuisance as prohibited
herein, with or without the knowledge, consent or fault of such person,
shall be guilty of a violation of this section. It shall be presumed
that a dog defecating, urinating or committing a nuisance on private
property of a person other than the dog's owner or possessor does
so without the consent of the owner or person in possession of such
private property.
(B)
The owner or possessor of any dog shall immediately remove all feces
deposited by said dog by placing such feces in a plastic bag which
shall be sealed and deposited in a covered garbage receptacle.
(C)
Exceptions. A person who is visually impaired and/or disabled and
is accompanied by a guide or service dog shall be exempted.
(D)
Menacing by dogs. No person who owns or harbors a dog shall allow,
permit, neglect to restrain, fail to adequately control or otherwise
fail to prevent such dog to attack, bite, chase, jump upon, harass
or otherwise intimidate or cause reasonable apprehension of bodily
harm to any person peaceably conducting himself/herself in any place
where such person may lawfully be.
For the purposes of this article, it shall be
presumed that any dog or other animal harbored in a residential dwelling
is owned and possessed by all adults residing in the residential dwelling
wherein the dog or other animal is being harbored.
(A)
Any person
owning, possessing or harboring a dog four (4) months of age or over
in the Town of Huntington shall be required to have the dog vaccinated
to prevent the spread of rabies, except that a rabies vaccine is not
required as follows:
(1)
To
a dog brought into the Town for a period not to exceed fifteen (15)
days; dogs in the custody of an incorporated society devoted to the
care of lost, stray or homeless animals; dogs confined to public or
private hospitals devoted to the treatment of sick animals; and dogs
confined to educational or research institutions for the purpose of
research.
(2)
To
a dog whose health would be adversely affected by a rabies vaccination,
provided that a written statement, certified by a duly licensed veterinarian,
specifying such condition is presented to the Animal Control Officer
or the Town Clerk and filed with the Town Clerk’s office.
(B)
Any person
owning, possessing or harboring a dog who fails or refuses to submit
the dog for vaccination within ten (10) days after a request by an
Animal Control Officer, peace officer, police officer or health officer
shall be in violation of this chapter.
(A)
License required. Any person owning, possessing or
harboring a dog four (4) months of age or over in the Town of Huntington
shall obtain a current license for said dog and shall place and keep
on such dog a collar to which shall be securely attached a valid identification
tag for that dog, in accordance with this chapter.
(B)
Exemptions.
(1)
No
license is required for any dog under the age of four (4) months and
which is not at-large, or residing in a pound or shelter maintained
by or under contract by the Town of Huntington, Suffolk County or
State of New York, or a duly incorporated society for the prevention
of cruelty to animals, or a duly incorporated humane society or duly
incorporated dog protective services.
(2)
[1]No license is required of a dog confined to a public or
private hospital devoted solely to the treatment of sick animals,
or confined for the purpose of research by any college or other educational
or research institution.
[1]
Editor's Note: Former Subsection (B)(2), regarding service
dogs, was repealed 11-19-2019 by L.L. No. 58-2019. This local law
also renumbered former Subsection (B)(3) as Subsection (B)(2).
[Amended 11-19-2019 by L.L. No. 58-2019]
(A)
Fees.
(1)
Application for a license or a renewal thereof shall be accompanied
by a nonrefundable processing fee of eight dollars and fifty cents
($8.50) for an altered dog and eighteen dollars and fifty cents ($18.50)
for an unaltered dog. A senior citizen discount of five ($5.00) dollars
shall be applicable to the base fee upon proper proof of age (sixty
(60) years and older). A portion of the fee (one dollar ($1.00) for
an altered dog and three dollars ($3.00) for unaltered dogs) is a
mandatory surcharge imposed under Article 7 of New York State Agriculture
and Markets Law which shall be submitted by the Town Clerk to the
agency designated pursuant to Article 7 of the Agriculture and Markets
Law to be used for animal population control effort.
(2)
A service dog as defined in Article 7 of the Agriculture and
Markets Law, or successor law is exempt from paying the Town of Huntington
processing application fee for a license or its renewal thereof, however,
the application shall be accompanied by a non-refundable mandatory
surcharge as imposed under Article 7 of New York State Agriculture
and Markets Law of one dollar ($1.00) for an altered dog and three
dollars ($3.00) for unaltered dogs which shall be submitted by the
Town Clerk to the agency designated pursuant to Article 7 of the Agriculture
and Markets Law to be used for animal population control effort. The
person owning, possessing or harboring such a dog bears the burden
of demonstrating to the satisfaction of the Town Clerk that the dog
is a service dog.
(B)
Application. An application for a license or renewal shall be in
the form prescribed by the Huntington Town Clerk and shall provide
for the following minimum information:
(1)
The name, residence address and telephone number of each owner;
and
(2)
The name, sex, approximate age, breed, color, markings and other
identifying details of the dog; and
(3)
State whether the dog has been spayed or neutered; and
(4)
Such other information or documentation deemed necessary by
the Town Clerk to effectuate the purpose of this chapter.
(C)
Rabies certification. The application for a license or renewal shall
be accompanied by a statement certified by a licensed veterinarian
showing that the dog has received the rabies vaccine; or, in lieu
thereof, a statement certified by a licensed veterinarian that because
of the dog's age or other reason, the life of the dog would be endangered
by the administration of the vaccine.
(D)
In the case of an altered dog, every application shall be accompanied
by a certificate signed by a licensed veterinarian or a sworn affidavit
signed by the owner in the form acceptable to the Town Clerk showing
that the dog has been spayed or neutered, except that such certificate
or affidavit is not required if same is already on file with the Town
Clerk. In lieu of the spay or neuter certificate an owner may present
a statement certified by a licensed veterinarian stating that he or
she has examined the dog and found that because of old age or other
reason, the life of the dog would be endangered by spaying or neutering.
In such case, the license fee for the dog shall be the same as an
altered dog.
(E)
No individual under the age of eighteen (18) years shall be deemed
an owner of record and be issued a dog license.
(A)
Upon
validation by the Town Clerk or authorized dog control officer, a
dog license shall be issued and a record of its issuance retained
in the office of the Town Clerk. Such record shall be made available
upon request to the State Commissioner of Agriculture and Markets,
or successor thereof.
(B)
No license
shall be transferable. Upon the transfer of ownership of any dog,
the new owner shall, within ten (10) days of the transfer of ownership,
apply for a new license for the dog. A license cannot be transferred
to another dog.
[Amended 11-19-2019 by L.L. No. 58-2019]
(C)
Identification
tag.
(1)
The
Town Clerk shall assign an identification number to a dog when it
is first licensed. Such identification number shall be carried by
the dog on an identification tag which shall be affixed to the collar
of the dog at all times, except that the tag is not required to be
worn while the dog is participating in a dog show.
(2)
No
tag carrying an identification number shall be affixed to the collar
of any dog other than the one to which the number has been assigned.
(3)
Any
person wishing to replace a tag previously issued shall pay the sum
of three ($3) dollars to the Town Clerk for a replacement tag.
All licenses issued pursuant to this article, and any renewal
thereof, shall expire on the last day of the last month of the period
for which they are issued, except that no license or renewal shall
be issued for a period expiring after the last day of the eleventh
month following the expiration date of the current rabies certificate
for the dog being licensed. In the event an applicant for a license
or renewal presents a statement certified by a licensed veterinarian,
in lieu of a rabies certificate, then the license or renewal may be
issued for one (1) year from the date of the statement.
(A)
Change
in owner or address. In the event of a change in ownership of any
dog which has been licensed pursuant to this chapter or change of
address of the owner of record of any dog, the owner of record shall,
within ten (10) days of the change, file with the Town Clerk a written
notification of such change. Such owner of record shall be liable
for any violation of this chapter until such filing is made or until
the dog is licensed in the name of the new owner.
(B)
Lost
or stolen dog. If any dog which has been licensed is lost or stolen,
the owner of record shall, within ten (10) days of discovery of such
loss or theft, file with the Town Clerk a written notification of
such event. In the case of loss or theft, the owner of record shall
not be liable for any violation of this chapter committed after such
notification has been made.
(C)
Death
of dog. In case of the death of a licensed dog, the owner of record
shall notify the Town Clerk of the dog’s death either before
or upon receipt of a renewal notice from the Town Clerk.
(A)
The Animal Control Officer of the Town of Huntington,
in addition to the powers granted by law, may, upon application of
a resident of the Town of Huntington and surrender of the dog to the
dog shelter, accept any dog owned by such resident for immediate adoption
or destruction, at the discretion of the Animal Control Officer. Such
application shall be in a form prescribed by the Animal Control Officer
and shall include the name and address of the applicant, a description
of the 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 a request and consent that the Animal
Control Officer kill such dog or hold such dog for adoption at the
discretion of such officer.
(B)
[1] Fees.
(1)
A resident of the Town of Huntington who surrenders a dog to
the Animal Control Officer for adoption or euthanasia shall pay a
fee of fifty ($50.) dollars.
[Amended 8-12-2016 by L.L. No. 36-2016]
(2)
[2] In the case of an adoption of a dog, a fee of eighty ($80.)
dollars shall be paid to the Town of Huntington. In addition, said
dog must have been spayed/neutered and vaccinated to prevent the spread
of rabies. At the time of adoption, a license shall be obtained for
the dog upon payment of appropriate fees.
[2]
Editor's Note: Former Subsection (B)(2), regarding discounts
for senior citizens, was repealed 11-19-2019 by L.L. No. 58-2019.
This local law also renumbered former Subsection (B)(3) through (5)
as Subsection (B)(2) through (4), respectively.
(3)
In the case of surrender of a dog for euthanasia, there shall
be an additional cremation fee of twenty-five ($25.) dollars.
[Added 8-12-2016 by L.L.
No. 36-2016]
(4)
In the case of surrender of a dog for purposes of cremation
only, there shall be a cremation fee of twenty-five ($25.) dollars.
[Added 8-12-2016 by L.L.
No. 36-2016]
[1]
Editor's Note: Former Subsection (B), regarding dogs belonging
to senior citizens, was repealed 11-19-2019 by L.L. No. 58-2019. This
local law also renumbered former Subsection (C) as Subsection (B).
No liability shall be imposed upon the Animal
Control Officer of the Town of Huntington or upon the Town of Huntington
or any employee of the Town of Huntington for destruction of any animal
or animals pursuant to the provisions of Town Law or this article.
[Added 8-12-2016 by L.L.
No. 36-2016]
(A)
It shall be a violation of this section for any person to place or
confine an animal or permit such animal 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 such animal due to heat, lack of water
or such other circumstances as reasonably may be expected to cause
suffering, disability or death.
(B)
Nothing in this chapter shall be construed so as to prohibit the
transportation of horses, cattle, sheep, poultry or other agricultural
livestock in trailers or other vehicles designed and constructed for
such purpose.
(C)
Any police officer, peace officer, public safety officer of the Department
of Public Safety of the Town of Huntington or animal control officer
of the Town of Huntington who finds an animal in a vehicle in violation
of Subsection A hereof may enter said vehicle, without civil or criminal
liability, to remove the animal. The person removing the animal shall
take such animal or cause said animal to be delivered to an animal
shelter or other place of safekeeping in the Town of Huntington. This
section can be enforced by the American Society for the Prevention
of Cruelty to Animals, the Suffolk County Society for the Prevention
of Cruelty to Animals or any other law enforcement or peace officer.
(D)
In the event that the owner or custodian of said animal cannot otherwise
be located, the person shall leave in a prominent place on or in the
vehicle a written notice bearing his or her name and department and
the address where the animal may be claimed by the owner or custodian
thereof. The animal shelter having custody of the animal shall make
reasonable efforts to contact the owner and give notice that the animal
is in its custody. The animal shall be surrendered to the owner if
the owner claims the animal within 10 days from the time the animal
was removed from the vehicle and pays all reasonable charges which
have accrued for the maintenance of such animal. If the owner does
not claim the animal within the specified time, the animal shelter
may place the animal for adoption in accordance with the provisions
of this chapter and the Agricultural and Markets Law of the State
of New York.
(E)
It shall be a violation of this section for any person to leave a
dog unattended outdoors for over thirty 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 water or
such other circumstances, such as 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 thirty two (32) degrees Fahrenheit
or above ninety five (95) degrees Fahrenheit constitutes inclement
weather.
(F)
It shall
be a violation of this section for any person to tether, leash, fasten,
secure, restrain, chain or tie an unattended dog to any stationary
object outdoors or cause such dog to be restrained in a manner that:
[Added 11-19-2019 by L.L. No. 58-2019]
(1)
Endangers such dog's health, safety or well-being;
(2)
Restricts such dog's access to suitable food, fresh, potable
water and dry ground;
(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 Market Law; or
(4)
Unreasonably limits the movement of such dog because the restraint
is too short for the dog to move around or for the dog to urinate
or defecate in an area separate from the area where the dog must eat,
drink or lie down.
(5)
Exception. The temporary tethering, leashing, fastening, securing, restraining, chaining or tying of an unattended dog to a stationary object outside of a commercial or private establishment other than one's own residence, is exempt from the provisions set forth in subsection (F), provided the unattended temporary tethering, leashing, fastening, securing, restraining, chaining or tying does not exceed one hour, and as long as it is done in a manner that does not endanger such dog's health, safety and wellbeing or those of the general public.
(G)
Notwithstanding the provisions of subsection (F), no person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any object with a device that:
[Added 11-19-2019 by L.L. No. 58-2019]
(1)
Is a choke collar, pinch collar, prong collar or a similar collar
that restrains the dog in such a manner that it impairs the flow of
oxygen or blood to the dog and which may cause choking or cause substantial
discomfort to the dog;
(2)
Is embedded, partially embedded or may become embedded in the
dog's skin;
(3)
Has weights attached or contains links that are more than 1/4
inch thick;
(4)
Weighs more than 12.5% of the dog's total body weight, not to
exceed fifteen (15) pounds for any dog;
(5)
Is less than fifteen (15) feet in length, except that the device may be in a shorter length if the length of fifteen (15) may allow activity prohibited in Section 78-17 (G)(7) below;
(6)
Because of its design or placement is likely to become entangled;
(7)
Is long enough to allow such dog to move outside of its owner's
property;
(8)
Would allow the restrained dog to move over an object, including
any fencing, barrier, or edge that could result in the strangulation
of or injury to such dog; or
(9)
Is fixed (i.e., does not swivel) on either end.
(H)
No person
shall tether, leash, fasten, secure, restrain, chain or tie an unattended
dog to any stationary object outdoors for more than one continuous
hour in any continuous twelve-hour period between the hours of 6:00
a.m. and 11:00 p.m.
[Added 11-19-2019 by L.L. No. 58-2019]
(I)
No person
shall tether, leash, fasten, secure, restrain, chain or tie an unattended
dog to any stationary object outdoors between the hours of 11:00 p.m.
and 6:00 a.m.
[Added 11-19-2019 by L.L. No. 58-2019]
(J)
Multiple
dogs shall not be tethered, leashed, fastened, restrained, chained
or tied in such a manner that they are able to come into contact with
one another at any point in time while restrained.
[Added 11-19-2019 by L.L. No. 58-2019]
(L)
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.
[Added 11-19-2019 by L.L. No. 58-2019]
(M)
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.
[Added 11-19-2019 by L.L. No. 58-2019]
(N)
The
provisions of this section shall not be construed to prohibit the
Town of Huntington, the American Society for the Prevention of Cruelty
to Animals, the Suffolk County Society for the Prevention of Cruelty
to Animals or any other law enforcement officer or peace officer from
enforcing any other law, rule or regulation regarding the humane treatment
of animals.
[Added 11-19-2019 by L.L. No. 58-2019]
(O)
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.
[Added 11-19-2019 by L.L. No. 58-2019]
(P)
The
provisions of this section shall not apply to law enforcement work
dogs, utilized by federal, state or local law enforcement agencies
while under the control of law enforcement for law enforcement purposes.
[Added 11-19-2019 by L.L. No. 58-2019]
[Amended 8-12-2016 by L.L. No. 36-2016; 11-6-2019 by L.L. No. 56-2019]
(A)
Except as otherwise provided in this article, any person found guilty
of an offense against any provision of this article shall be subject
to a fine of not less than one hundred ($100.) dollars nor more than
five hundred ($500.) dollars for the first offense, not less than
two hundred and fifty ($250.) dollars nor more than one thousand ($1,000.)
dollars for the second offense committed within five (5) years of
the first offense, and not less than seven hundred and fifty ($750.)
dollars nor more than two thousand five hundred ($2,500.) dollars
for the third or subsequent offense committed within five (5) years
of the first offense.
[Amended 9-14-2021 by L.L. No. 50-2021]
(B)
Any person or owner found guilty of an offense against § 78-3, § 78-5, and/or § 78-17 herein shall be subject to a fine of not less than five hundred ($500.) dollars nor more than five thousand ($5,000.) dollars for a conviction of a first offense; and upon conviction of a second offense committed within a period of five (5) years of the first offense, shall be subject to a fine of not less than one thousand ($1,000.) dollars nor more than ten thousand ($10,000.) dollars; and upon conviction of a third or subsequent offense committed within a period of five (5) years of the first offense shall be guilty of a misdemeanor punishable by a fine of not less than one thousand five-hundred dollars ($1,500.) nor more than fifteen thousand ($15,000.) dollars or imprisonment not to exceed six (6) months, or both.
(C)
Any person found guilty of an offense against the provisions of § 78-9 shall be subject to a fine of not less than one hundred ($100.) dollars nor more than two hundred fifty ($250.) dollars. In the event the subject dog is reported to have bitten a person or another domestic warm-blooded animal, said person shall be subject to an additional fine of not more than five hundred ($500.) dollars.
(D)
Any person found guilty of an offense against the provisions of § 78-7 shall be subject to a fine of not less than two hundred fifty ($250.) dollars nor more than five hundred ($500.) dollars or by imprisonment for a period not exceeding fifteen (15) days for each such infraction, or by both such fine and imprisonment.
(E)
Any person found by the Bureau of Administrative Adjudication to
have violated this article shall likewise be subject to a monetary
penalty in an amount within the range of fines authorized in subdivisions
A, B, C and D for the respective violations referenced therein for
a first offense and subsequent offenses.
(F)
In addition to the criminal and civil penalties set forth herein
or in other applicable law, rule or regulation, the Town Attorney
is authorized to pursue civil and equitable relief in the name of
the Town in a court of competent jurisdiction, including but not limited
to compensatory actions; civil penalties in the amount of up to five
hundred ($500.) dollars per day, or part thereof; an action to compel
compliance with or to restrain by injunction the violation of this
article; and other remedies which in the opinion of the Town Attorney
may seem necessary and proper. Any civil monetary penalty awarded
may be added to the tax bill of the property where the violation has
occurred and shall be collected in the same manner.
