New York State's dog licensing laws were significantly changed by amendments to Article
7 of the New York Agricultural and Markets Law. These new amendments provide for the elimination of the state's dog licensing functions and mandates municipalities to enact local municipal licensing of dogs. The amendments allow the municipality to enact local laws that best suit the unique character of its administrative structure and constituencies. This article provides for the licensing and identification of dogs in the Town of Oyster Bay.
For the purpose of this article, unless otherwise expressly
stated or unless the context or subject matter requires otherwise:
ADOPTION
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog, seized or
surrendered, or any cat.
CLERK
The Clerk of the Town of Oyster Bay.
DETECTION DOG
Any dog that is trained and is actually used for such purpose
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
DOG
Any member of the species Canis familiaris.
EUTHANIZE
To bring about death by a humane method.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the state during the period
such dog is being trained or bred for such purpose.
HARBOR
To provide food or shelter to any dog.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the state during the period such dog
is being trained or bred for such purpose.
IDENTIFICATION TAG
A tag issued by the Town Clerk which sets forth an identification
number, together with the name of the Town and the state, the telephone
number of the Town Clerk and any other information deemed necessary
by the Town Clerk.
IDENTIFIED DOG
Any dog carrying an identification tag as provided in this
article.
OWNER
Any person who harbors or keeps any dog.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
PERSON WITH A DISABILITY
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the Executive Law of the State of New York.
POLICE WORK DOG
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work purposes.
RESIDENT
An individual who maintains a residence within the Town of
Oyster Bay.
SERVICE DOG
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
THERAPY DOG
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the state during the
period such dog is being trained or bred for such purpose.
WAR DOG
Any dog which has been honorably discharged from the United
States Armed Services.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons, is actually used for such purpose and is registered with
the department; provided, however, that such services provided by
said dog shall be performed without charge or fee.
The Town Board may from time to time, by resolution, adopt rules
and regulations under this article.
[Amended 3-7-2023 by L.L. No. 4-2023]
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 not to exceed $250 or 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 chapter shall be subject to a monetary penalty within the range of fines authorized herein for the first and second violations of same. A third or subsequent violation of this chapter within a period of six months shall be deemed a misdemeanor, pursuant to §
103-31.
This article shall apply to any actions occurring on or after
the effective date of this article.
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.