[Adopted 5-10-2011 by L.L. No. 26-2011[1]]
[1]
Editor's Note: This local law was vetoed by the County Executive
6-9-2011, which veto was overridden by the County Legislature 6-21-2011.
A.
This Legislature hereby finds and determines that animal cruelty
is a serious problem, resulting in the abuse of thousands of animals
each year in the United States. This Legislature also finds and determines
that Suffolk County is taking a leading role in protecting animals
from abuse by creating an online registry containing identifying information
of persons convicted of animal abuse crimes. This Legislature further
finds and determines that people who have abused animals in the past
are likely to do so in the future, with one-hundred-percent recidivism
rates for certain types of abuse. This Legislature finds that animals
in need of homes should be protected from potential abusers. This
Legislature determines that persons listed on the Animal Abuser Registry
should not be eligible to purchase or adopt any animal in Suffolk
County for a period of five years. This Legislature also finds that
by creating an Animal Abuser Registry, Suffolk County has provided
local animal shelters and pet dealers with access to important information
about potential clients. This Legislature finds that pet stores, pet
dealers, breeders, animal shelters, and concerned members of the public
will be able to sign up for e-mail notifications on updates and additions
to the Animal Abuse Registry. This Legislature further finds that
pet stores, pet dealers, breeders, and animal shelters should check
the names of potential purchasers or adopters against the County's
Animal Abuser Registry, to prevent animal abusers from purchasing
or adopting potential victims.
B.
Therefore, the purpose of this article is to prohibit pet stores,
pet dealers, breeders, and animal shelters from making sales or allowing
adoptions of animals to persons appearing on the Animal Abuser Registry.
As used in this article, the following terms shall have the
meanings indicated:
Any live mammal, bird, or reptile, but shall not include
feeder animals.
[Amended 9-15-2011 by L.L. No. 50-2011]
Any individual or not-for-profit organization who or which
takes custody of stray, surrendered, abandoned or otherwise unwanted
animals for the purpose of facilitating adoption and houses such animals
at either a centralized facility or in a foster home or a network
of foster homes. This definition shall also include any individual
or organization who or which adopts, gives away or barters more than
24 animals per year.
[Added 3-20-2018 by L.L.
No. 12-2018]
Any public or privately owned organization in Suffolk County
which maintains property, buildings or structures for the purpose
of harboring animals which may be stray, unwanted, lost, abandoned
or abused and seeks to find appropriate permanent homes for such animals.
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.
Any person who breeds nine or more animals per year.
Any animal sold to be used as food for other animals. This
definition shall include, but not be limited to, mice, chicks and
crickets.
Any natural individual.
Any individual, firm, partnership, corporation, company or
other entity who or which sells or offer for sale more than nine animals
in any given calendar year. This definition shall include pet stores,
as defined in this article, and breeders who sell or offer to sell
directly to the consumer animals born and raised on the breeder's
residential premises.
Any facility of an individual, firm, partnership, corporation,
company or other entity who or which offers animals for sale as all
or part of a business.
[Amended 3-20-2018 by L.L. No. 12-2018]
A.
Any person seeking to purchase or adopt an animal in Suffolk County
shall provide an animal shelter, animal rescue, or pet dealer with
a photographic identification prior to purchase.
B.
Any animal shelter, animal rescue, or pet dealer operating in Suffolk
County shall check the name and likeness of any person seeking to
purchase or adopt an animal against the Animal Abuse Registry.
[Amended 3-20-2018 by L.L. No. 12-2018]
No animal shelter, animal rescue, or pet dealer operating in
Suffolk County shall knowingly sell, offer, deliver or provide an
animal to any person registered on the Suffolk County Animal Abuse
Registry.
[Amended 3-20-2018 by L.L. No. 12-2018]
Any animal shelter, animal rescue, or pet dealer who violates
this article shall be guilty of an unclassified misdemeanor and subject
to a fine of $500 for a first offense, $1,000 for a second offense,
and $1,500 for all subsequent offenses.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect on the 120th day following its
filing in the Office of the Secretary of State.
