[Adopted 2-6-2007 by L.L. No. 2-2007 (Ch. 216, Art. III, of the 1985 Code)]
As used in this article, the following terms shall have the meanings indicated:
- Shall refer only to dogs and cats.
- ANIMAL SHELTER
- A property consisting of a tract or tracts of land and all buildings or structures and installations, temporary or permanent, pertaining thereto, any part or all of which is maintained for the harboring of animals which may be stray, unwanted, lost or abandoned, including those facilities owned or operated by a municipality. For the purpose of this article, the term "animal shelter" shall not apply to a facility commonly known as a "boarding kennel," where the ownership of the animal is not transferred; a facility commonly known as a "pet store," where animals are offered for sale as all or part of a business; an animal hospital owned, operated or supervised by a licensed veterinarian; or a facility where the owner or operator is licensed by the New York State Department of Environmental Conservation as a nuisance wildlife control agent or wildlife rehabilitator.
Euthanasia shall be performed in an animal shelter only in accordance with the provisions of § 374 of the New York Agriculture and Markets Law.
No animal shall be euthanized within 72 hours of the animal being taken in by the animal shelter, and the animal shall be placed within the general population of the animal shelter and made available for return to its rightful owner, if any, or for adoption in lieu of euthanasia.
Animals surrendered for euthanasia shall only be accepted by the animal shelter from owners; animal owners shall be required to complete a certification form indicating said ownership.
Notwithstanding the requirements of this section, euthanasia may be performed within 72 hours of the animal being taken in by the animal shelter only if the animal constitutes a threat to other animals in the shelter due to a communicable disease or a behavioral problem, or if delaying euthanasia would constitute cruel and inhumane treatment due to a terminal illness or an injury of the animal.
Any animal shelter that violates any provision of this article shall be liable for a civil penalty of $500 for each violation.
This article shall be enforced by the Suffolk County Department of Health Services in accordance with the provisions of Article II, § 760-200 et seq., of the Suffolk County Sanitary Code.
The Department of Health Services shall promulgate such rules and regulations as it deems necessary and appropriate for the implementation and enforcement of any provisions of this article.