[Adopted 5-6-1958; amended in its entirety 8-25-1970]
A.
ALLOW
APPLICATION
AT LARGE
DOG
IDENTIFICATION TAG
IDENTIFIED DOG
OWNER
PERSON
PROOF OF OWNERSHIP
RESIDENT
SHELTER
SIDEWALK
SURRENDER
For the purpose of this article, the terms used herein
are defined as follows:
A written statement in a form prescribed by the Animal Control
Officer, stating the name and residence of such person and containing
a description of such dog and the number of its license, if any. Such
"application" shall contain a statement that the applicant is the
sole and absolute owner of the dog or cat described, and request that
the Animal Control Officer destroy such dog or cat or hold for adoption
such dog. In the case of a stray cat, the inquiry to ascertain ownership
made by the person surrendering shall state that he verily believes
the cat to be a stray.
[Amended 7-1-1975; 11-30-2010 by L.L. No. 12-2010]
Off the premises of the owner and not under the control of
the owner or a member of his family, whether by leash, cord or chain.
Any live or dead dog (Canis familiaris). The word "dog" as
used herein shall include the singular and the plural and shall include
both the male and female.
[Amended 7-1-1975]
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and State, the telephone
number of the Town of Islip Animal Shelter, and any other information
deemed necessary by the Town Clerk.
[Added 1-15-1980 by L.L. No. 1-1980; amended 11-30-2010 by L.L. No.
12-2010]
Any dog carrying an identification tag.
[Added 1-15-1980 by L.L. No. 1-1980; amended 11-30-2010 by L.L. No.
12-2010]
Any person owning, keeping or harboring a dog.
[Amended 7-1-1975; 11-30-2010 by L.L. No. 12-2010]
An individual, partnership, corporation. association, or
other legal entity.
[Added 11-30-2010 by L.L. No. 12-2010]
As used herein, proof of ownership shall include any of the
following: a bill of sale, an adoption agreement and/or evidence of
payment by the alleged owner of all veterinary expenses.
[Added 11-30-2010 by L.L. No. 12-2010]
A person who maintains a residence within the Town of Islip.
The Town of Islip Animal Shelter.
[Added 1-15-1980 by L.L. No. 1-1980]
The area between the curbline and abutting the property owner's
line.[1]
[Added 7-1-1975]
A voluntary forfeiture of ownership and possession.
[1]
Editor’s Note: The former definition of “stray
cat,” which immediately followed this definition, was repealed
7-1-1975.
B.
Word usage. The term "shall" is mandatory and "may"
is permissive.
[Added 7-1-1975]
[Amended 7-1-1975; 1-4-1977]
A.
It shall be unlawful hereunder for any owner of any
dog to allow such dog, whether licensed or unlicensed, to be at large
within the Town.
[Amended 10-20-2020 by L.L. No. 3-2020]
B.
This section, however, shall not apply to any dog
owned by the Suffolk County Police Department, Canine Section, when
such dog is allowed to be at large within the Town in pursuit of a
suspected criminal.
[Amended 7-1-1975; 1-15-1980 by L.L. No.
1-1980; 11-30-2010 by L.L. No. 12-2010]
A.
an
Animal Control Officer, police officer or peace officer shall seize,
and remove to the Town of Islip Animal Shelter, any dog within the
Town of Islip which:
(1)
Is unidentified and not under the immediate and full control of the
owner, or person in charge, of the dog.
(2)
Is not licensed, whether the dog is located on or off the property
of the owner or person in charge.
(3)
Is not in the control of the dog's owner or custodian, or not on
the property of the dog's owner or custodian, if there is probable
cause to believe that the dog is dangerous.
(4)
In the opinion of the Animal Control Officer, police officer or peace
officer poses an immediate threat to the public safety.
B.
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, during which
period the dog may be redeemed by its owner, provided that such owner
produces proof of ownership, proof that the dog has been licensed
and has been identified pursuant to this chapter, and further provided
that the owner pays the following fees:
(1)
Twenty-five dollars for the first seizure plus an additional $10
for each twenty-four-hour period, or part thereof.
(2)
Thirty-five dollars for the second seizure, plus an additional $10
for each twenty-four-hour period, or part thereof.
(3)
Forty-five dollars for the third seizure, plus an additional $10
for each twenty-four-hour period, or part thereof.
(4)
Fifty-five dollars for the fourth seizure plus an additional $10
for each twenty-four-hour period, or part thereof.
(5)
Seventy dollars for the fifth seizure plus an additional $10 for
each twenty-four-hour period, or part thereof.
C.
Identified dogs. Promptly upon the seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of the seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after the day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the fees prescribed by Subsection B(1) through (5) of this section by producing proof that the dog has been licensed and by producing proof of ownership.
D.
Disposition.
(1)
An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period, and the dog shall then be made
available for adoption or euthanization.
(2)
No such dog shall be delivered for adoption unless it has been licensed
pursuant to this chapter prior to its release from the custody of
the shelter. The fee for adopting a dog shall be $50; $30 for cats.
[Amended 7-1-1975; 11-30-2010 by L.L. No. 12-2010; 10-20-2020 by L.L. No. 3-2020]
No person owning, harboring, keeping, or in
charge of any dog shall cause, suffer or allow such dog to soil, defile,
defecate on, or commit any nuisance on any common thoroughfare, sidewalk,
passageway, bypath, play area, park or any place where people congregate
or walk or on any public property whatsoever, or on any private property
without the permission of the owner of said property.
[Amended 4-4-1972; 7-1-1975; 11-30-2010 by L.L. No. 12-2010]
In addition to the powers granted to the Animal Control Officer
of the Town of Islip by law, upon the application of a resident of
the Town and surrender of the animal at the animal shelter, the Animal
Control Officer may accept any dog or cat owned by such resident for
immediate euthanization or adoption. A dog may be surrendered for
adoption or euthanization; and if, in the opinion of the Animal Control
Officer, said dog is not suitable for adoption, the dog may be humanely
euthanized.
[Amended 8-1-1978; 1-15-1980 by L.L. No. 1-1980; 4-15-1980 by L.L. No. 4-1980; 5-4-2004; 1-27-2009 by L.L. No.
1-2009; 11-30-2010 by L.L. No. 12-2010]
A.
Licensing.
(1)
No person shall own, possess, or harbor a dog, four months of age
or over, within the Town of Islip unless it is licensed in accordance
with the requirements of this chapter.
(2)
The owner of each dog shall obtain, complete and return to the Islip
Town Clerk or Town of Islip Animal Shelter a dog license application
together with the applicable fee. The application shall provide for
the following minimal information:
(a)
The name, residence address and telephone number of each owner;
and
(b)
The name, sex, approximate age, breed, color, markings and other
identifying details of the dog: and
(c)
State whether the dog has been spayed or neutered; and
(d)
Such other information or documentation deemed necessary by
the Town Clerk to effectuate the purpose of this chapter.
(3)
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. There shall be a charge
of $15 imposed to have a dog vaccinated by the animal shelter and
control division.
(4)
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.
B.
Fees.
(1)
Any application for a dog license shall be accompanied by the following
fees:
(a)
For each spayed or neutered dog licensed for one year: a fee
of $5, plus an additional fee of $1 which will 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;
(b)
For each unspayed or unneutered dog less than four months old
licensed for one year: a fee of $10;
(c)
For each unspayed or unneutered dog four months of age or older
licensed for one year: a fee of $10, plus an additional fee of $3
which will 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.
(2)
The Commissioner may establish a schedule of fees to be collected
by him for any service rendered in connection with the work of the
animal shelter and for which he deems it necessary to charge and collect
a fee therefor.
(3)
Exemptions. The following types of dogs are exempt from the licensing
fees under this section:
(a)
Guide dogs as the term is 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 to the satisfaction
of the Town Clerk that the dog is a guide dog.
(b)
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.
(d)
War dogs as the term is 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 to the satisfaction
of the Town Clerk that the dog is a war dog.
(e)
Hearing dogs as the term is 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 to the satisfaction
of the Town Clerk that the dog is a hearing dog.
(f)
Service dogs as the term is 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 to the satisfaction
of the Town Clerk that the dog is a service dog.
(g)
Therapy dogs as the term is 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 to the satisfaction
of the Town Clerk that the dog is a therapy dog.
C.
Issuance of license; identification tag.
(1)
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.
(2)
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.
(3)
Identification tag.
(a)
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.
(b)
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.
(c)
Any person wishing to replace a tag previously issued shall
pay the sum of $3 to the Town Clerk for a replacement tag.
D.
Term of
license and renewals. All licenses issued pursuant to this article,
and any renewal thereof, shall be valid for one year 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,
then the license or renewal shall be issued for one year from the
date of the statement.
E.
Changed owner or address; lost or stolen dog; death of dog.
(1)
Change in owner or address. In the event of a change in ownership
of any dog which has been licensed pursuant to this chapter 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 chapter until such filing is made or until
the dog is licensed in the name of the new owner.
(2)
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 chapter committed after such
notification has been made.
(3)
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.
[Amended 11-30-2010 by L.L. No. 12-2010]
No liability shall be imposed upon the Animal
Control Officer of the Town of Islip nor the Town of Islip or any
employee of the Town of Islip for destruction of any animal or animals
pursuant to the provisions of this chapter.
[Amended 11-30-2010 by L.L. No. 12-2010]
Animal Control Officers and peace officers duly
authorized to act as such within the Town of Islip are hereby authorized
to issue summonses and to present information for the appearance of
violators of this article before courts of competent jurisdiction.[1]
[Added 4-15-2011 by L.L. No. 4-2011[1]]
A.
It shall be unlawful and a violation of this chapter for any person
to tether, leash, fasten, secure, restrain, chain or tie a dog to
any stationary object outdoors, or cause such dog to be restrained,
in a manner that:
(1)
Endangers such dog's health, safety or well-being;
(2)
Restricts such dog's access to suitable and sufficient food and water;
(3)
Does not provide such dog with shelter appropriate to its breed,
physical condition, and the climate as defined by § 353-b
of the New York State Agriculture and Markets Law; or
(4)
Unreasonably limits the movement of such dog because it is too short
for the dog to move around or for the dog to urinate or defecate in
a separate area from the area where it must eat, drink, or lie down.
B.
Notwithstanding the provisions of Subsection A of this section, no person shall tether, leash, fasten, secure, restrain, chain or tie a dog for any amount of time with a device that:
(1)
Is a choke collar or pinch collar, or otherwise causes such dog to
choke;
(2)
Has weights attached or contains links that are more than one-quarter-inch
thick;
(3)
Because of its design or placement, is likely to become entangled;
(4)
Is long enough to allow such dog to move outside of its owner's property;
or
(5)
Would allow the restrained dog to move over an object or edge that
could result in the strangulation of or injury to such dog.
C.
The provisions of this section shall not be construed to prohibit
the Town of Islip, any accredited Society for the Prevention of Cruelty
to Animals or any law enforcement agency from enforcing any other
law, rule or regulation regarding the humane treatment of animals.
D.
This section shall take effect upon filing with the Secretary of
State.
