As used in this article, the following terms shall mean:
AT LARGE
Off the premises of the owner and not under the reasonable
control of the owner.
COMPANION ANIMAL or PET
Any dog or cat; also, any other domesticated animal normally
maintained in or near the household of the owner or person who cares
for such other domesticated animal.
DOG
Any dog of either sex or of any age.
DOMESTIC/FARM ANIMAL
Any animal that is owned, maintained or harbored by an individual(s)
or by a business or corporate entity for personal or farming purposes.
IMPOUND
To apprehend, catch, trap or net a dog and thereafter confine
it.
MUZZLE
A fastening or covering for the mouth of an animal, used
to effectively prevent eating or biting.
NOT UNDER REASONABLE CONTROL
As applied to a dog or domestic/farm animal, not upon the
premises of its owner and not within the immediate custody of and
obedient to its owner or one causing damage to a person or property
of anyone other than the owner, except in defense of its owner, the
owner's family or property.
OWNER
Any person, group of persons, including the parent or guardian
of an owner under the age of 16 years, or firm or corporation owning,
keeping or harboring a dog or dogs.
UNDER REASONABLE CONTROL
As applied to a dog or domestic/farm animal, on the premises
of its owner or with and obedient to its owner.
All licenses are valid for a period of either one year or three
years as issued pursuant to this article, and any renewal thereof,
and shall expire on the last day of the last month of the period for
which they are issued, except that no license or renewal shall be
issued for a period expiring after the day of the 11th month following
the expiration date of the current rabies certificate for the dog
being licensed. In the event an applicant for a license or renewal
presents a statement certified by a licensed veterinarian, in lieu
of a rabies certificate, that the dog's health would be adversely
affected by the rabies vaccination, then the license or renewal shall
be issued for one year from the date of the statement.
Any person or owner who shall violate §§
207-2 through
207-6 of this article shall be guilty of a violation and shall be held liable on conviction thereof to a fine or penalty of not more than $100 for a conviction of a first offense; upon conviction of a second violation where the offense is committed within a period of six years of the first offense, a fine of not more than $250; and, upon conviction of a third or subsequent violation where the offense is committed within a period of six years of the first and second offense, a fine of not more than $1,000 or imprisonment not to exceed 15 days, or both. New York State Town Law § 268 is superseded for the protection and enhancement of the Town's physical and visual environment and for the protection, order, conduct, safety, health and well-being of persons or property therein, pursuant to the Town's powers pursuant to § 10, Subdivision 1(ii)a(3), (11) and (12), of the Municipal Home Rule Law, as well as Article IX, § 2(b)(3), and Article IX, § 2(c)(10), of the New York State Constitution.
[Amended 2-20-2013 by L.L. No. 2-2013]
A. It shall
be unlawful for any owner of any dog or other domestic animal to permit
or allow such dog or other domestic animal in the Town of Riverhead
to:
(2) Disturb
the comfort, peace or repose of any persons in the vicinity by long
or frequent noise or odor.
(3) Destroy
property or habitually trespass in a damaging way or commit a nuisance
on the property of persons other than the owner of or person harboring
said dog or domestic/farm animal.
(4) Show
vicious habits or molest passersby who are lawfully on a public street,
public park or school ground, whether or not said dog or domestic/farm
animal is on a public street or otherwise harass any person in such
a manner as reasonably to cause intimidation or to put such person
in reasonable apprehension of bodily harm.
B. Any Dog
Control Officer, police officer, or any employee, officer or agent
designated by the Town Board of the Town of Riverhead to apprehend
and impound any dog may seize and impound any dog not under reasonable
control of its owner which:
(2) Is running at large contrary to the provisions of this article.
(3) Has destroyed property or habitually trespasses in a damaging way
or commits a nuisance on the property of persons other than the owner
of or person harboring said dog or domestic/farm animal.
(4) Shows vicious habits or molests passersby who are lawfully on a public
street, public park or school ground, whether or not said dog or domestic/farm
animal is on a public street, or otherwise harass any person in such
a manner as reasonably to cause intimidation or to put such person
in reasonable apprehension of bodily harm.
(5) At any time has attacked or bitten a person.
(6) Habitually enters on a public highway and runs or barks at pedestrians
or vehicles.
It shall be the duty of any police officer or the Dog Control
Officer or other authority designated by the Town Board of the Town
of Riverhead to investigate any dog which:
A. Is kept upon the premises of the owner or person harboring said dog
under such unsanitary conditions that the maintenance or keeping of
said dog creates a vile smell to the annoyance of persons in the vicinity.
B. By loud or frequent or habitual barking, yelping or howling, causes
disturbance or is a serious annoyance to the neighborhood or to people
passing upon the streets.
C. Has attacked or bitten a person.
[Amended 2-20-2013 by L.L. No. 2-2013]
The owner or authorized agent of the owner of a dog licensed
by the Town of Riverhead may make application to the Town of Riverhead
Animal Shelter for the voluntary surrender of such dog to the Riverhead
Animal Shelter. The Town of Riverhead Animal Shelter or its designee
shall have the authority and discretion to accept dogs for voluntary
surrender. An owner or authorized agent of the owner of the dog shall
be required to pay a surrender fee of $25 and execute a written consent
to forfeit all title to such dog. Any dog voluntarily surrendered
to the Town of Riverhead Animal Shelter may be offered for adoption
immediately or euthanized, at the discretion of the Town of Riverhead
Animal Shelter and/or Dog Control Officer.
The owner of a dog which bites any person shall be required
to confine said dog and keep it under observation for a period of
at least 10 days. All expenses incurred incidental to said dog bite
shall be borne by the owner of the biting dog. The owner of a dog
which bites any person shall notify and report such incident to the
Suffolk County Department of Health Services and the Riverhead Police
Department by the end of the next business day. In the event that
the biting dog must be disposed of, its head must not be damaged in
any way, to provide a proper examination by an investigating agency.
If at the end of the ten-day observation period the dog is alive and
healthy and said dog fulfills all other conditions of this article,
it may be released from confinement.
No person or persons shall feed to a dog or shall place so as
to constitute a direct or obvious hazard to man or dog or shall offer
or tempt any dog with any liquid, meat or any food product which shall
cause prostration, convulsion, pain or suffering as a prelude to death
or which shall cause death or be proven to be toxic or lethal in the
amount present to any man or dog by competent medical or veterinary
authority.
The Town Clerk of the Town of Riverhead shall cause notice to
be given to the owners of dogs within the Town of Riverhead when the
annual dog licenses must be secured.
[Amended 2-20-2013 by L.L. No. 2-2013]
Any person owning or harboring a dog or domestic/farm animal in violation of any of the provisions of this article other than §§
207-2 to
207-9 shall be guilty of a violation, punishable by imprisonment for a term not in excess of 15 days and/or by a fine of not less than $50 for the first offense and not less than $100 for each subsequent offense.