[Adopted 2-26-1991]
[Amended 3-12-1991 by L.L. No. 1-1991]
For the purpose for enforcing this article, the Director of
the Animal Shelter shall be the Animal Control Officer, and the Assistant
Directors of the Animal Shelter shall be Assistant Animal Control
Officers. The Director and the Assistant Directors shall have such
powers and duties as are prescribed for animal control officers by
state law.
[Amended 9-17-2019 by L.L. No. 7-2019]
A.
No person, owning or otherwise having possession, custody, dominion
or control of any dog, shall allow such dog, whether licensed or not,
off the premises of such person without being restrained by an adequate
leash, being defined herein as six feet in length or less, and under
the immediate and full control of the owner or person in charge thereof.
Notwithstanding the foregoing, it shall not be a violation of this
section if a dog is not restrained on the property of someone other
than the dog's owner, if the owner of the property is aware of and
consents to such action.
B.
No person shall tether, leash, fasten, secure, restrain, chain or
tie a dog to a stationary object outdoors, or cause such animal to
be so restrained, for longer than two hours in any continuous twelve-hour
period.
C.
Any person who tethers, leashes, fastens, secures, restrains, chains
or ties a dog to a stationary object outdoors shall provide such animal
with adequate food, water and shelter, and shall restrain the dog
with a device having swivels at both ends that is of an adequate length
for the type, age and size of the dog being restrained; provided,
however, that the requirement to provide adequate food, water and
shelter shall not apply to a person who restrains a dog for a period
of time that is 15 minutes or less in duration.
D.
Notwithstanding the provisions of this section, no person shall tether,
leash, fasten, chain, tie secure or restrain any dog for any amount
of time with a device that:
(1)
Is a choke or pinch collar, or similar collar, that restrains the
dog in such a manner that it impairs the flow of oxygen or blood to
the dog, which may cause choking or substantial discomfort to the
dog;
(2)
Is embedded, partially embedded, or may become embedded in the dog's
skin;
(3)
Weighs more than 1/8 of the dog's total body weight, but in no event
shall such weight exceed 10 pounds;
(4)
Is less than 10 feet in length for a running cable trolley and 15
feet in length for a tether to a stationary object;
(5)
Is too short to allow the dog continuous access to adequate food,
water, and shelter or to urinate or defecate in an area separate from
where it must eat, drink, or lie down;
(6)
Is not designed for dogs;
(7)
Has weights attached or contains links that are more than one-quarter-inch
thick;
(8)
Because of its design or placement is likely to become entangled
around itself, the dog, objects or other animals;
(9)
Is long enough to allow the animal to move outside of its owner's
property; and
(10)
Would allow the restrained animal to move over an object, including
but not limited to any type of fencing or barrier or edge that could
result in the strangulation of or injury to such animal.
E.
Notwithstanding the provisions of this section, any tether, leash, fastener, chain, tie or restraint shall be attached to a properly fitting collar or harness designed for this purpose, worn by the dog, with enough room between the collar and the dog's throat through which two adult fingers may fit; provided, however, that such collar or harness is in compliance with subsection D(1) above.
F.
Notwithstanding the provisions of this section, no person shall tether,
leash, fasten, chain, tie, secure or restrain any dog for any amount
of time if such dog is under six months of age.
G.
Notwithstanding the provisions of this section, no person shall tether,
leash, fasten, chain, tie, secure or restrain more than one dog at
a time on a permissible device.
H.
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.
I.
Violations of this section may be supported by evidence, including,
but not limited to, time-stamped photographs and video, records of
complaints, and sworn witness statements.
J.
The provisions of this section shall not be construed to prohibit
the Department of Environmental Resources, the American Society for
the Prevention of Cruelty to Animals, the Nassau County Society for
the Prevention of Cruelty to Animals or any law enforcement officer
or peace officer from enforcing any other law, rule or regulation
regarding the humane treatment of animals.
[Amended 3-12-1991 by L.L. No. 1-1991; 9-17-2019 by L.L. No. 7-2019]
The Animal Control Officer, any Assistant Animal Control Officer
or any peace officer shall seize any dog found off the owner's premises
that is not restrained by a leash and under the immediate and full
control of the owner or person in charge thereof.
[Amended 6-1-1999 by L.L. No. 2-1999; 3-19-2002 by L.L. No.
4-2002; 12-17-2002 by L.L. No. 11-2002; 4-8-2003 by L.L. No.
1-2003; 2-10-2004 by L.L. No. 5-2004]
A.
The owner, or his agent, of a dog seized not wearing a current license
tag may redeem the dog within seven days of the seizure by producing
a license for the dog and upon the payment of a fee, for a first,
second, or third occurrence within one year, as applicable, in the
amount indicated in the Town of Oyster Bay Animal Shelter Fee Schedule
as approved by the Town Board. Said redemption fee will include a
test for parasites and, where appropriate, a "5 in 1" vaccination,
a rabies vaccination and parasite treatment.
B.
The owner, or his agent, of a dog seized wearing a current license
tag may redeem the dog within 12 days of the seizure by producing
a license for the dog and upon the payment of a fee, for a first,
second or third offense, as applicable, in the amount indicated in
the Town of Oyster Bay Animal Shelter Fee Schedule as approved by
the Town Board. Said redemption fee will include a test for parasites
and, where appropriate, a "5 in 1" vaccination, a rabies vaccination
and parasite treatment.
D.
In the case of a sale of a dog pursuant to Subsection C, the purchaser shall pay an adoption fee in the amount indicated in the Town of Oyster Bay Animal Shelter Fee Schedule as approved by the Town Board, obtain and pay for a license for the dog and give assurances on a form furnished by the Town that said dog shall not be resold, given, donated or otherwise transferred for purposes of any laboratory or other experimentation. Said adoption fee shall include a medical examination, a test for parasites and, where appropriate, a "5 in 1" vaccination, a rabies vaccination, parasite treatment, and spaying or neutering.
E.
In the case of a sale of a cat, the purchaser shall pay an adoption
fee in the amount indicating in the Town of Oyster Bay Animal Shelter
Fee Schedule as approved by the Town Board and give assurances on
a form furnished by the Town that said cat shall not be resold, given,
donated, or otherwise transferred for purposes of any laboratory or
other experimentation. Said adoption fee shall include a medical examination,
a test for parasites and, where appropriate, a "3 in 1" vaccination,
a rabies vaccination, parasite treatment and spaying or neutering.
F.
Euthanasia services, including cremation, shall be provided for dogs
and cats for a surrender fee in the amount indicated in the Town of
Oyster Bay Animal Shelter Fee Schedule as approved by the Town Board.
G.
For the purposes of this article, a "tag" shall be defined as a current
and valid license tag issued by the Town Clerk of the Town of Oyster
Bay.
[Amended 12-14-2010 by L.L. No. 6-2010]
H.
The owner, or his agent, of a cat seized may redeem the cat within
five days of the seizure and upon the payment of a fee in the amount
indicated in the Town of Oyster Bay Animal Shelter Fee Schedule as
approved by the Town Board. The redemption fee will include a test
for parasites and, where appropriate, a "3 in 1" vaccination and parasite
treatment.
[Amended 4-18-2000 by L.L. No. 4-2000; 9-17-2019 by L.L. No. 7-2019]
A.
It shall be unlawful for a dog to defecate, urinate, defile and/or
commit any nuisance on public property, except that the portion of
a public street lying between the curb lines may be used to curb a
dog, or on private property without the consent of the owner or person
in possession of such private property. It shall be presumed that
the presence of a dog on private property of a person other than the
dog's owner or possessor is without the consent of the owner or person
in possession of such private property.
B.
The restriction in this section shall not apply to that portion of
a public street lying between the curb lines which may be used to
curb such dog only under the following condition: the person in possession
or control of the dog shall immediately remove all feces in a plastic
bag, then sealed and deposited in a covered garbage receptacle.
C.
The provisions of this section shall not apply to any blind person
accompanied by a guide dog.
[Amended 9-17-2019 by L.L. No. 7-2019]
A.
No person owning or otherwise having possession, charge, custody,
dominion or control of an animal shall place or confine such animal
or allow it to be placed or confined or to remain in an unattended
motor 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 may reasonably be expected to cause suffering, disability or death.
B.
No person owning or otherwise having possession, dominion or control
over a motor vehicle shall place or confine an animal or permit an
animal to be placed or confined or to remain in an unattended motor
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 other circumstances as
may reasonably be expected to cause suffering, disability or death.
C.
Nothing in this article 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.
D.
Any police officer, peace officer, public safety officer of the Department of Public Safety of the Town of Oyster Bay or Animal Control Officer of the Town of Oyster Bay who finds an animal in a motor vehicle in violation of Subsection A hereof may enter a motor vehicle, without civil or criminal liability, to remove the animal. The person removing the animal shall take said animal or cause said animal to be delivered to an animal shelter or other place of safekeeping in the Town of Oyster Bay. This section can be enforced by the American Society for the Prevention of Cruelty to Animals, the Nassau County Society for the Prevention of Cruelty to Animals or any law enforcement officer or peace officer.
E.
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/her name and department and the
address where the animal may be claimed by the owner 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 the 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 provisions of this chapter
and the Agriculture and Markets Law of the State of New York.
F.
It shall be a violation of this section for any person to leave a
dog unattended outdoors for over 30 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 a 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 32° F. or above 95°
F. constitutes inclement weather.
[Amended 7-25-2006 by L.L. No. 8-2006; 9-17-2019 by L.L. No. 7-2019]
A.
No person owning or otherwise having possession, charge, custody,
dominion or control of an animal shall place or allow such animal
to be placed on a beach, or in a park, or other facility operated
by the Town of Oyster Bay unless such animal is a service animal individually
trained to do work or perform tasks for the benefit of a qualified
individual with a disability and is accompanied by such individual,
pursuant to the Americans with Disabilities Act (Title II and Title
III).
B.
Notwithstanding the provisions of Subsection A of this section, dogs may be allowed on or in such beaches, parks or other facilities operated by the Town of Oyster Bay that have been specifically designated by the Commissioner of the Department of Parks, or his/her designee, as dog parks or as facilities where dogs are allowed, and in those instances, the Commissioner of the Department of Parks, or his/her designee, shall establish and promulgate rules and procedures which must be followed for any such dog to remain at any such facility.
C.
The Animal Control Officer or any Assistant Animal Control Officer
or any peace officer shall seize any animal left unattended at a beach,
park or other facility operated by the Town of Oyster Bay.
[Amended 12-14-2010 by L.L. No. 6-2010]
No person shall own or otherwise have possession, charge, custody,
dominion or control of a dog unless said dog is properly licensed
and properly tagged in accordance with this chapter.
The Town Board may from time to time, by resolution, adopt rules
and regulations under this article.
[Amended 3-12-1991 by L.L. No. 1-1991; 3-7-2023 by L.L. No. 4-2023]
A.
In addition
to any other remedy for an offense against this article, for each
offense committed against this article or any provision or section
thereof, the person committing such offense shall be guilty of a violation
punishable by a fine of not less than $100 nor more than $250, for
the first offense, and not less than $250 nor more than $1,000 for
the second and any subsequent offense committed within two years of
the first offense, or imprisonment not exceeding 15 days, or both
such fine and imprisonment.
B.
Any person
found by the Bureau of Administrative Adjudication to have violated
any provision of this article is likewise subject to a monetary penalty
within the range of fines authorized in this section.
[Added 9-17-2019 by L.L.
No. 7-2019]
If a clause, sentence, paragraph, subdivision, section, or part
of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
