[HISTORY: Adopted by the Town Board of the
Town of Shelter Island 1-24-2020 by L.L. No. 1-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 55,
Dogs, adopted 3-5-1963, as amended.
The Town of Shelter Island adopts the definitions contained
in § 108 and § 350 of the New York Agriculture
and Markets Law except to the extent that they are modified or supplemented
by the following:
Any duly licensed individual or not-for-profit organization
which takes custody of stray, surrendered, abandoned or otherwise
unwanted animals for the purpose of facilitating adoption and houses
such animals at either a centralized facility or in a foster home
or network of foster homes.
When any dog is off the premises of its owner and not under
the reasonable control of the owner.
For the purpose of this chapter, this shall be coextensive
with the definition in § 350(5) of the New York Agriculture
and Markets meaning any dog or cat, or other domesticated animal maintained
in or near the household of the owner or person who cares for such
other domesticated animal. "Pet" or "companion animal" shall not include
a "farm animal."
For the purposes of this chapter, defined as at regular or
frequent intervals throughout the observation period.
For the purpose of this chapter, this shall be coextensive
with § 108 (24) of the New York Agriculture and Markets
Law meaning any dog which without justification attacks a person,
companion animal, farm animal or domestic animal as defined in the
New York Agriculture and Markets Law and causes physical injury or
death, or behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals, or without justification attacks a service dog,
guide dog or hearing dog and causes physical injury or death.
Any member of the species canis familiaris of any breed of
either sex or any age.
For the purpose of this chapter this shall be coextensive
with the definition in § 350(4) of the New York Agriculture
and Markets Law meaning any poultry, species of cattle, sheep, swine,
goats, llamas, horses or fur-bearing animals, which are raised for
commercial or subsistence purposes. This does not include dogs or
cats.
The temporary, off-site location at a residential dwelling
harboring five or fewer animals at any one time under the care, custody
or direction of an animal rescue operation provided that such foster
home is located at an address not otherwise associated with an animal
rescue operation.
To provide food or shelter to any dog.
To apprehend, catch, trap or net a dog and thereafter confine
it.
Any person, group of persons, including the parent or guardian
of an owner under the age of 16 years, firm or corporation that harbors
or keeps a dog or dogs.
A public nuisance occurs when a party's actions cause
unreasonable, unwarranted, or unlawful interference with the rights
of other citizens which affects public health, safety and welfare.
When any dog is on the premises of its owner or when the
dog is with and obedient to its owner.
A.
This chapter is promulgated pursuant to the authority granted by
§ 122 of the New York Agriculture and Markets Law.
B.
The Town of Shelter Island adopts Article 7 of the New York Agriculture
and Markets Law in its entirety except where individual provisions
are superseded by this chapter.
C.
The Town of Shelter Island adopts Chapter 302 of the Suffolk County
Code in its entirety except where individual provisions are superseded
by this chapter.
No person shall own or harbor a dog or dogs within the Town
of Shelter Island unless such dog is licensed by the Town on Shelter
Island as required by this Code as well as by § 109 of the
New York Agriculture and Markets Law or can present proof of licensing
by any other competent jurisdiction that requires vaccination against
rabies.
A.
All dogs within the Town of Shelter Island four months of age or
older, unless otherwise exempted, shall be licensed. The owner of
each dog required to be licensed shall obtain, complete and return
to the Town Clerk a dog license application together with the license
application fee, any applicable license surcharges and such additional
fees as may be established by the Town of Shelter Island. Each license
application shall be accompanied by proof that the dog has been vaccinated
against rabies or a statement from a licensed veterinarian that such
vaccination would endanger the dog's life, in which case vaccination
shall not be required. Each license issued shall be valid for a period
of one year and shall not be transferable.
C.
The Town of Shelter Island authorizes the Town Clerk to provide,
accept and grant an application for a dog license.
D.
Fees.
(1)
Pursuant to § 110(1) and (3) of the New York Agriculture
and Markets Law, the Town of Shelter Island hereby establishes the
fee for a dog license issued pursuant to this section at one fee to
be set by resolution for a spayed or neutered dog, and another fee
set by resolution for an unspayed or unneutered dog. One dollar of
the fee is payable to NYS Department of Agriculture and Markets as
a surcharge for spayed or neutered dogs, and $3 of this fee is payable
to NYS Department of Agriculture and Markets as a surcharge for unspayed
or unneutered dogs. There shall be a separate fee established by resolution
to replace lost or damaged tags.
(2)
Excepted from payment of the license fee pursuant to § 110(2)
of the New York Agriculture and Markets Law are applications submitted
for a dog license for any guide, hearing, service, war, working search,
detection, police and therapy dogs.
(3)
The fees may be modified from time to time by resolution of the Town
Board as necessary to defray the cost of an enumeration of dogs living
within the Town and the cost of providing and replacing identification
tags.
A.
Every person owning or having charge, custody, care or control of
any dog or dogs, whether licensed or not, shall keep such dog or dogs
exclusively on his own premises, subject to the following exceptions:
(1)
Such dog, when off such premises, is under the immediate and reasonable
control of its owner or leashed; or
(2)
Such dog is engaged in aiding in hunting wild birds or animals during
open seasons or such dog is afield for training in hunting; or
(3)
Such dog is on the premises of another person with such person's
consent.
B.
Any dog which causes damage to a person or property of anyone other
than the owner, except when the dog is in defense of its owner, the
owner's family or the owner's property shall be deemed not
to be under reasonable control of the owner.
It shall be unlawful for a dog owner to permit or allow his/her
dog to injure another person or companion animal or to cause physical
damage to property.
A.
A dog which bites any person shall be confined by the owner of said
dog and kept under observation for a period of at least 10 days, and
all expenses incurred incidental to said dog bite shall be paid by
the owner of the biting dog.
B.
If at the end of the ten-day observation period required by Suffolk
County the dog is alive, healthy, is not otherwise in violation of
any provision of this chapter, it shall be released from confinement.
C.
In the event that the biting dog must be disposed of, its head must
not be damaged in any way, to provide proper examination by an investigating
agency.
D.
Any victim or witness to a dog bite may file a complaint seeking
to designate a dog as a "dangerous dog." The Animal Control Officer
must initiate such an action if s/he believes the dog poses an imminent
threat to public health and safety under to § 123 of the
New York Agriculture and Markets Law.
No person who harbors any dog or dogs shall cause, suffer, allow
or permit any such dog or dogs to create a noise disturbance due to
excessive barking audible across a real property line.
The Animal Control Officer is hereby given authority by the
Town Board of the Town of Shelter Island to attend to and remove injured
animals from the public highways and public streets, parks and public
places of Shelter Island.
A.
Any Animal Control Officer or police officer is authorized to investigate
any alleged or apparent violation of this chapter.
B.
Any Animal Control Officer or police officer, upon a showing of reasonable
cause to believe that a violation of this chapter has occurred and
upon allegations of fact based upon personal knowledge or upon information
and belief, may obtain from any Court of competent jurisdiction a
warrant to search any premises pursuant to Article 690 of the New
York State Criminal Procedure Law.
A.
Upon application of the Shelter Island Police Department or the Animal Control Officer, and upon a showing of any threat to the life, health or well-being of any person or animal, or upon a showing that a dog or dogs have been charged with three or more violations of this chapter within 30 days pursuant to § 55-30B(5), any Court of competent jurisdiction may grant access onto and in to private property for the purpose of investigating or seizing any dog or dogs in violation of this chapter.
A.
Any dog or dogs found in violation of the provisions of this chapter
may be seized pursuant to the provisions of § 117(2) of
the New York Agriculture and Markets Law.
B.
Notwithstanding whether a dog or dogs have violated any provision
of this chapter, and pursuant to the provisions of § 117(2)
of the New York Agriculture and Markets Law any Animal Control Officer
of police officer in the employ of or under contract to a municipality
may seize:
(1)
Any unidentified dog not on the owner's premises;
(2)
Any unlicensed dog, whether on or off the owner's premises;
(3)
Any dog not under the control of its owner or custodian or not on
the premises of the dog's owner or custodian, if there is probable
cause to believe the dog is dangerous.
(4)
Any dog or dogs that present a potential or immediate threat to other
persons or Companion Animals.
(5)
Any dog or dogs charged with three or more separate and distinct
violations of this chapter within any thirty-day period where such
violations constitute a public nuisance may be seized pending the
adjudication of such violations.
C.
Where there is cause to believe that a dog is dangerous, the Animal
Control Officer shall, promptly upon seizure, commence a proceeding
as provided for in Subdivision Two of § 123 of the Agriculture
and Markets Law.
A.
Every dog seized shall be properly cared for, sheltered, fed and
watered for the ten-day redemption period, except for a dog seized
under Article 26, § 373, Subdivision 2, of the Agriculture
and Markets Law, in which case § 374 shall apply.
A.
Redeeming unlicensed or at large dogs. The owner of any dog impounded by the Town of Shelter Island for being unlicensed or running at large under § 55-30B(1) or (2) above shall be entitled to redeem that dog within five business days, excluding the day the dog is impounded, from the day the dog is impounded, provided that the owner produces proof the dog is licensed and identified and pays an impoundment fee as established from time to time by resolution of the Town Board.
B.
Redeeming dogs seized for other violations. The owner of any dog
impounded by the Town of Shelter Island for a violation of other provisions
of this chapter shall be entitled to redeem that dog at such time
as the owner:
C.
Redemption fees. Seized dogs may be redeemed pursuant to § 55-32B and by paying the impoundment fees set forth in § 117(4) of the New York Agriculture and Markets Law:
(1)
The Animal Control Officer is authorized to waive this fee if he
determines that the dog has a license and sufficient identifying information
to be returned to the owner.
(2)
If the owner of any unredeemed dog is known, such owner shall be
required to pay the impoundment fees set forth this section, whether
or not such owner chooses to redeem his or her dog.
(3)
If the owner of an unredeemed, injured dog is known, such owner shall
be required to pay the impoundment fees, license fee and any fee for
veterinary services before the dog is released from an animal hospital,
whether or not such owner chooses to redeem his or her dog.
D.
Unredeemed dogs. The owner of any dog which is unredeemed at the
end of the redemption period shall forfeit title and the dog made
available for adoption or disposed of pursuant to § 117(7)
and (7a) of the New York Agriculture and Markets Law. The fees for
adoption of said animals shall be set from time to time by the Town
Board.
A.
Voluntary surrender shall give authority to the Animal Control Officer
to accept and dispose of unwanted, owned dogs if the following conditions
are met:
(1)
The owner agrees to dispense with the usual redemption provisions
when turning in an unwanted, licensed dog or dogs.
(2)
The owner executes a consent and/or affidavit in a form prescribed
by the Town agreeing to the disposition of said dog. Such consent
and/or affidavit shall include the following:
(a)
Unless specifically requested by the owner, the adoption or
destruction of said dog shall be at the discretion of the Animal Control
Officer, absolving the Animal Control Officer and the Town of all
liability.
(b)
The maximum number of days an adoptable dog or dogs shall be
held before being disposed of shall be 30 days.
(3)
The owner has purchased the appropriate license in order to establish
proof of ownership, absolving the Town of all liability.
(4)
The owner agrees to pay a fee for the surrender of such dog or dogs.
Such surrender fee shall be set from time to time by the Shelter Island
Town Board.
(5)
The Animal Control Officer shall have the authority to discontinue
the service of voluntary surrender at such times when accepting dogs
would create a condition whereby seized dogs could not be properly
sheltered and cared for.
Any person owning or harboring a dog or dogs in violation of
any of the provisions of this chapter shall be guilty of a violation
and punishable as follows:
A.
For a first offense, imprisonment of a term not in excess of 15 days
and/or a fine not to exceed $150 for each offense.
B.
For a second offense within 90 days of the date of the first offense,
imprisonment of a term not in excess of 15 days and/or a fine not
to exceed $300 for each offense.
C.
For a third or any subsequent offense within 90 days of the date
of the first offense, imprisonment of a term not in excess of 15 days
and/or a fine not to exceed $600 for each offense.
D.
In addition to or in place of any penalties in Subsections A, B and/or C above, any Court having proper jurisdiction may require any person harboring a dog found to be in violation of this chapter to take any reasonable measures as may be necessary and appropriate to alleviate any nuisance created by that violation.
This chapter shall become effective immediately upon filing
with the Secretary of State.
