[Adopted 1-16-1968 by Ord. No. 29; amended in its entirety 1-4-2011 by L.L. No.
1-2011 (Ch. 58, Art. I, of the 1976 Code)]
As used in this article, the following terms shall mean:
Off the premises of the owner and not under the reasonable
control of the owner.
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.
Any dog of either sex or of any age.
Any animal that is owned, maintained or harbored by an individual(s)
or by a business or corporate entity for personal or farming purposes.
To put to death in a humane way.
To apprehend, catch, trap or net a dog and thereafter confine
it.
A fastening or covering for the mouth of an animal, used
to effectively prevent eating or biting.
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.
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.
As applied to a dog or domestic/farm animal, on the premises
of its owner or with and obedient to its owner.
A.
License required.
(1)
Any person owning, possessing or harboring a dog four months of age
or over in the Town of Riverhead shall obtain a license from the Town
Clerk for said dog and shall place and keep on such dog a collar to
which shall be securely attached a valid identification and dog license
tag for that dog, in accordance with the requirements of this article.
(2)
At the time of licensing or license renewal, a current, valid certificate
indicating that the dog has been vaccinated to prevent the spread
of rabies as required herein below must be provided to the Town Clerk's
office.
(3)
Any person owning, possessing or harboring a dog four months of age
or over in the Town of Riverhead shall be required to have the dog
vaccinated to prevent the spread of rabies.
(4)
Subsection A(1) through (3) shall not apply to dogs brought into the Town for a period not to exceed 15 calendar days; dogs confined to the premises of an incorporated society devoted to the care of lost, stray or homeless animals; dogs confined to the premises of public or private hospitals devoted to the treatment of sick animals; dogs confined to the premises of educational or research institutions for the purpose of research; or dogs confined to the premises of a person licensed as a Class A dealer under the Federal Laboratory Animal Welfare Act engaged in the business of breeding or raising dogs for profit.
(5)
Subsection A(2) and (3) shall not apply to any dog whose health would be adversely affected by a rabies vaccination, provided that a written statement, certified by a duly licensed veterinarian, specifying such condition is presented to the Town animal shelter supervisor or the Town Clerk and filed with the Town Clerk's office.
B.
Exemptions.
(1)
No license is required for any dog under the age of four months and
which is not at large, or residing in a pound or shelter maintained
by or under contract by the Town of Riverhead, Suffolk County or State
of New York, or a duly incorporated society for the prevention of
cruelty to animals, or a duly incorporated humane society or duly
incorporated dog protective services.
(2)
No license fees are required for a service dog, therapy dog, working
search dog, or detection dog, as those terms are defined in Article
7 of the Agriculture and Markets Law, or successor law. The person
owning, possessing or harboring such a dog bears the burden of demonstrating
by clear and convincing evidence and to the satisfaction of the Town
Clerk that the dog is a service dog or therapy dog or working search
dog or detection dog and exempt from licensing fees.
[Amended 8-7-2012 by L.L. No. 14-2012]
(3)
No license is required of a dog confined to a public or private hospital
devoted solely to the treatment of sick animals, or confined for the
purpose of research by any college or other educational or research
institution.
A.
Applications for a one-year license or a renewal thereof shall be
accompanied by a nonrefundable processing fee of $9 for an altered
dog and $15 for an unaltered dog. Applications for a three-year license
or renewal thereof shall be accompanied by a nonrefundable processing
fee of $27 for an altered dog and $45 for an unaltered dog. In the
case of an altered dog, a portion of the fee in the amount of $1 and,
in the case of an unaltered dog, a portion of the fee in the amount
of $3 shall be paid over to the agency designated pursuant to Article
7 of the Agriculture and Markets Law to be used for animal population
control efforts. An application for a license or renewal shall be
in the form prescribed by the Riverhead Town Clerk and shall provide
for the following minimum information:
(1)
The name, residence address and telephone number of each owner;
(2)
The name, sex, approximate age, breed, color, markings and other
identifying details of the dog;
(3)
Whether the dog has been spayed or neutered; and
(4)
Such other information or documentation deemed necessary by the Town
Clerk to effectuate the purpose of this article.
B.
Rabies certification. The application for a license or renewal shall
be accompanied by a statement certified by a licensed veterinarian
showing that the dog has received the rabies vaccine; or, in lieu
thereof, a statement certified by a licensed veterinarian that because
of the dog's age or other reason, the life of the dog would be endangered
by the administration of the vaccine.
C.
In the case of an altered dog, every application shall be accompanied
by a certificate signed by a licensed veterinarian or a sworn affidavit
signed by the owner in the form acceptable to the Town Clerk showing
that the dog has been spayed or neutered, except that such certificate
or affidavit is not required if same is already on file with the Town
Clerk. In lieu of the spay or neuter certificate, an owner may present
a statement certified by a licensed veterinarian stating that he or
she has examined the dog and found that because of old age or other
reason, the life of the dog would be endangered by spaying or neutering.
In such case, the license fee for the dog shall be the same as an
altered dog.
D.
No individual under the age of 18 years shall be deemed an owner
of record and be issued a dog license.
A.
Upon validation by the Town Clerk or authorized Dog Control Officer,
a dog license shall be issued and a record of its issuance retained
in the office of the Town Clerk. Such record shall be made available
upon request to the State Commissioner of Agriculture and Markets,
or successor thereof.
B.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately apply for a new license
for the dog. A license cannot be transferred to another dog.
C.
Identification tag.
(1)
The Town Clerk shall assign an identification number to a dog when
it is first licensed. Such identification number shall be carried
by the dog on an identification tag which shall be affixed to the
collar of the dog at all times, except that the tag is not required
to be worn while the dog is participating in a dog show. In addition,
all identification tags shall name the Town of Riverhead, 200 Howell
Avenue, Riverhead, New York State 11901, and name the Town of Riverhead's
main telephone number.
(2)
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which the number has been
assigned.
(3)
Any person wishing to replace a tag previously issued shall pay the
sum of $3 to the Town Clerk for a replacement tag.
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.
A.
Change in owner or address. In the event of a change in ownership
of any dog which has been licensed pursuant to this article or change
of address of the owner of record of any dog, the owner of record
shall, within 10 days of the change, file with the Town Clerk a written
notification of such change. Such owner of record shall be liable
for any violation of this article until such filing is made or until
the dog is licensed in the name of the new owner.
B.
Lost or stolen dog. If any dog which has been licensed is lost or
stolen, the owner of record shall, within 10 days of discovery of
such loss or theft, file with the Town Clerk a written notification
of such event. In the case of loss or theft, the owner of record shall
not be liable for any violation of this article committed after such
notification has been made.
C.
Death of dog. In case of the death of a licensed dog, the owner of
record shall notify the Town Clerk of the dog's death either before
or upon receipt of a renewal notice from the Town Clerk.
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.
A.
Every person owning or having charge, custody, care or control of
any dog or domestic/farm animal, whether licensed or not, shall keep
such dog or domestic/farm animal exclusively upon his own premises;
provided, however, that such dog or domestic/farm animal may be off
the owner's premises under the following conditions:
(1)
Such dog or domestic/farm animal when off such premises is under
the immediate and reasonable control of its owner.
(2)
Such dog or domestic/farm animal must be fully controlled by its
owner by means of a rope, leash or other similar device when on any
street, highway, park or public place in the Town of Riverhead.
B.
Such dog or domestic/farm animal shall not be taken into any establishment
in the Town of Riverhead where food products are kept for sale if
legible signs are displayed at each public entrance to such establishment
that the entry of dogs or domestic/farm animals is prohibited nor
into any other establishment where food or food products are kept
for sale unless such dog is effectively restrained by a rope, leash
or other similar device.
C.
While a female dog or domestic/farm animal is in heat, the dog or
domestic/farm animal shall be confined so as not to cause a public
nuisance.
[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:
(1)
Be
at large.
(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:
(1)
Is an unlicensed dog.
(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.
A.
Unidentified dogs. Each dog which is not identified, whether or not
licensed, shall be held for a period of five days from the day seized.
[Amended 2-20-2013 by L.L. No. 2-2013]
(1)
During the first five days the dog may be redeemed by its owner,
provided that such owner produces proof that the dog has been licensed
and has been identified pursuant to the provisions of Article 7 of
the New York State Agriculture and Markets Law, as well as the following
impoundment fees:
(a)
Twenty dollars for the first impoundment of any dog owned by
that person.
(b)
Forty dollars for the first 24 hours or part thereof and $5
for each additional 24 hours or part thereof for the second impoundment
within one year of the first impoundment of any dog owned by that
person.
(c)
Sixty dollars for the first 24 hours or part thereof and $5
for each additional 24 hours or part thereof for the third and subsequent
impoundments within one year of the first impoundment of any dog owned
by that person.
(2)
After a period of five days, such unidentified dog shall be available
for adoption.
B.
Identified dogs. Promptly upon seizure of any identified dog, the
owner of record of such dog shall be notified personally or by the
Town Clerk by certified mail, return receipt requested, of the facts
of seizure and the procedure for redemption. If notification is personally
given, such dog shall be held for a period of 10 days after the day
of notice, during which period the dog may be redeemed by the owner
upon the payment of any fees imposed by this chapter. If such notification
is made by mail, such dog shall be held for a period of 12 days from
the date of mailing, during which period the dog may be redeemed by
the owner upon the payment of any fees imposed by this chapter, including
the redemption fees imposed by § 117 of the Agriculture
and Markets Law.[1]
C.
A boarding fee of $5 per day shall be paid to the Town Clerk at the
time of redemption for all dogs redeemed, whether or not they are
licensed at the time of impoundment.
D.
A fee shall be paid to the Town Clerk for the adoption of an impounded
dog. No redemption fee shall be charged in addition to such adoption
fee. There shall be an adoption fee of $25. An additional fee of $20
shall be charged if the dog does not have an active rabies vaccination.
Said fees shall be established annually by resolution of the Town
Board.
E.
Such fees shall be in addition to any criminal penalties as may be
imposed by law.
[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.
A.
A person shall not confine a companion animal in a motor vehicle
in extreme heat or cold without proper ventilation or other protection
from such extreme temperatures where such confinement places the companion
animal in imminent danger of death or serious physical injury due
to exposure to such extreme heat or cold.
B.
Where the operator of such a vehicle cannot be promptly located,
a police officer, peace officer or peace officer acting as an agent
of a duly incorporated humane society may take necessary steps to
remove the animal or animals from the vehicle.
C.
Police officers, peace officers or peace officers acting as agents
of a duly incorporated humane society removing an animal or animals
from a vehicle pursuant to this section shall place a written notice
on or in the vehicle, bearing the name of the officer or agent, and
the department or agency and address where the animal or animals will
be taken.
D.
An animal or animals removed from a vehicle pursuant to this section
shall, after receipt of any necessary emergency veterinary treatment,
be delivered to the Town of Riverhead Animal Shelter. The Town shall
be entitled to recover from the owner any veterinary expense incurred
as a result of the violation.
E.
Any person who knowingly violates the provisions of Subsection A of this section, upon conviction, shall be guilty of: a violation, punishable by a fine of not less than $250 nor more than $750 for a first offense; a violation, punishable by a fine of not less than $500 nor more than $1,000 for a second offense committed within a period of five years; an unclassified misdemeanor, punishable by a fine of not less than $1,500, nor more than $2,500 for a third and any subsequent offense committed within a five-year period.
[Amended 10-18-2022 by L.L. No. 19-2022]
F.
Officers shall not be held criminally or civilly liable for actions
taken reasonably and in good faith in carrying out the provisions
of this section.
[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.
