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Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[Adopted 2-9-1982 (Ch. 28 of the 1971 Code)]
[Amended 12-14-2010 by L.L. No. 6-2010]
For the purpose of this article, unless otherwise expressly stated or unless the context or subject matter requires otherwise:
DANGEROUS ANIMAL
Any of the following:
A. 
The following members of the class Reptilia: order Ophidia, such as but not limited to racers, boas, water snakes and pythons, and order Loricata, such as but not limited to alligators, caymans and crocodiles.
B. 
The following members of the class Aves: order Falconiformes, such as but not limited to hawks, eagles and vultures which are not kept pursuant to federal or state permit, and subdivision Ratitae, such as but not limited to ostriches, rheas, cassowaries and emus.
C. 
The following members of the class Mammalia: order Carnivora, expressly excepting the domestic dog (Canis familiaris) and the domestic cat (Felis catus), but including, but not limited to, the family Felidae, such as ocelots, margays, tigers, jaguars, leopards and cougars; the family Capidae, such as wolves, dingos, coyotes and jackals; order Marsupialia, such as kangaroos and common opossums (Didelphis marsupialia); order Chiroptera (bats); order Edentata, such as sloths, anteaters and armadillos; order Proboscidea (elephants); order Primata, including but not limited to monkeys, chimpanzees and gorillas; order Ungulate, including but not limited to antelope, deer, bison and camels.
D. 
Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means, except honey-producing bees.
OWNER
Any person, firm or corporation owning, having an interest in or having control, custody or possession of any dangerous animal.
PERSON
Includes any individual, partnership, corporation or unincorporated association.
A. 
No person shall own or keep any dangerous animal.
B. 
No premises may be used, occupied, erected or maintained for the harboring of any dangerous animal.
C. 
No person shall sell or offer for sale any dangerous animal.
The provisions of this Article are not applicable to the following:
A. 
Owners who use animals for diagnostic purposes or research and who have a valid permit issued by a governmental agency and whose animals are kept on the premises specified in the permit.
B. 
Owners who use animals for teaching purposes in recognized educational institutions and whose animals are kept on the premises of the institution or other authorized place.
C. 
Owners of establishments which treat or board animals on the premises and which are owned or operated by veterinarians licensed by the State of New York.
D. 
Owners who are engaged in agriculture as a permitted use pursuant to the Building Zone Ordinance[1] and in connection therewith on the premises affected keep animals as beasts of burden, such as horses, donkeys, mules or burros, or raise animals as farm animals in dairying and animal and poultry husbandry.
[1]
Editor's Note: See Ch. 246, Zoning.
E. 
Owners of horse riding academies and public horse stables and premises on which they are operated as a permitted use pursuant to the Building Zone Ordinance.
F. 
Owners of horses and other animals and the premises on which they are permitted to be kept for recreational purposes accessory to residential use of property pursuant to the provisions of the Building Zone Ordinance.
[Amended 3-7-2023 by L.L. No. 4-2023]
A. 
A violation of any provision in this article shall constitute an offense. Each day that such violation exists shall constitute a separate offense. Such an offense shall be punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or both such fine and imprisonment. 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.
B. 
The imposition of the penalties in this section shall not preclude the Town Attorney from instituting any appropriate action or proceeding to prevent a violation of this article or to correct or abate a violation of this article.