[HISTORY: Adopted by the Town Board of the Town of Smithtown as Ch. 13 of the 1964 Code; amended in its entirety 12-14-2010 by L.L. No. 2-2010.[1]Subsequent amendments noted where applicable.]
[1]
Editor's Note: The title of this chapter was changed from "Dogs and Other Animals" to "Smithtown Animal Shelter and Adoption Center" 8-14-2018 by L.L. No. 4-2018.
It is hereby declared and found that the health, welfare and safety of the inhabitants of the Town of Smithtown require regulations supplementing the New York State Agriculture and Markets Law, and said New York State Agriculture and Markets Law is herein incorporated by reference.
[Added 9-24-2015 by L.L. No. 4-2015]
The Town of Smithtown Animal Control and Adoption Center shall henceforth be named the "Town of Smithtown Animal Shelter and Adoption Center."
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
Any Animal Control Officer I or II or the Animal Shelter Supervisor of the Town of Smithtown.
ANIMAL SHELTER SUPERVISOR
The Animal Shelter Supervisor of the Town of Smithtown.
ASSISTANT ANIMAL SHELTER SUPERVISOR
The Assistant Animal Shelter Supervisor of the Town of Smithtown.
AT LARGE
Off the premises of the owner and not under the immediate control of the owner, his owner's agent or a member of the owner's family, or running at will, acting on its own initiative and not on a rope, leash or similar device.
CAT
Any member of the species Felis domestica.
DOG
Any member of the species Canis familaris.
GUIDE DOGS
Any dog that is trained to aid a person who is blind, deaf or otherwise physically disabled and is actually used for such purposes 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 purposes.
HARBOR
To provide food or shelter to any dog.
HOUSEHOLD
All the persons who live in one house; a family or a family and servants.
IDENTIFICATION TAG
A tag which sets forth an official identification number as required by the provisions of this chapter and the Agriculture and Markets Law of the State of New York.
OFFICIAL IDENTIFICATION NUMBER
A series or combination of letters, numbers or symbols approved and furnished by the Town Clerk or personnel of the Department of Public Safety, Smithtown Animal Shelter and Adoption Center Division.
[Amended 8-14-2018 by L.L. No. 4-2018]
OWNER
The person in whom is vested the ownership or title of an animal.
PERSON
Any individual, corporation, partnership, association or other organized group of persons.
POLICE DOG WORK
Any dog 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.
SHELTER CLERK
Includes any Department of Public Safety, Smithtown Animal Shelter and Adoption Center Division, personnel.
[Amended 8-14-2018 by L.L. No. 4-2018]
SIDEWALK
The area between the curbline and the abutting property owner's line.
It shall be and hereby is declared to be unlawful for any person owning, possessing or harboring any dog to allow such dog, whether licensed or not, to run loose or be at large in any territorial limits of the Town of Smithtown, except upon any real property owned, leased or lawfully occupied as a residence or on private lands with the permission of the owner, unless such dog is under the immediate and full control of the owner or person in charge thereof and said dog is on a suitably strong leash no longer than six feet in length.
A. 
No person shall own or harbor a dog unless licensed pursuant to Article 7 of the New York State Agriculture and Markets Law and this chapter. Licenses shall not be required for dogs:
(1) 
Under the age of four months which are not at large.
(2) 
That are service dogs as the term is defined in Article 7 of the New York State Agriculture and Markets Law, or successor law.
(3) 
Confined to the premises of an animal shelter or incorporated society devoted to the care or treatment of lost, strayed or homeless animals.
(4) 
Confined to the premises of a person, firm or corporation that holds a valid certificate of exemption issued by the New York State Department of Agriculture and Markets.
(5) 
That are police work dogs.
B. 
The applicant for a license for a spayed or neutered dog must file with the Town Clerk an affidavit made by the owner or a veterinary certificate showing that the dog has been spayed or neutered. No such affidavit or certificate shall be required if already on file in connection with an earlier license period.
C. 
All licenses shall be renewed for a period of one, two or three years, beginning with the first day of the month following the date of issuance, and shall be renewable prior to the expiration date, provided that the dog's rabies vaccination is effective through the license period.
D. 
The Town Clerk, or authorized personnel of the Department of Public Safety, Smithtown Animal Shelter and Adoption Center Division, at the time of issuing the license, shall deliver to the applicant an identification tag bearing the same official identification number as the license.
[Amended 8-14-2018 by L.L. No. 4-2018]
E. 
The owner shall place and keep on each licensed dog a suitable collar, to which shall be securely attached the license identification tag issued for such dog. No identification tag shall be placed on a dog other than the dog described in the license.
F. 
Applications for a dog license shall be accompanied by a nonrefundable processing fee promulgated by the Town Clerk. A portion of the fee shall be paid by the Town of Smithtown to the New York State Animal Control Fund. Licensing fees may be established by the Town Board as needed.
[Amended 8-14-2018 by L.L. No. 4-2018]
G. 
Any person wishing to replace an identification tag previously issued shall pay a fee promulgated by the Town Clerk for a replacement tag.
[Amended 8-14-2018 by L.L. No. 4-2018]
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 permission of the owner of said property. The restriction in this section shall not apply to that portion of the street lying between the curblines, which portion shall be used to curb such dog under the following conditions:
A. 
The person who so curbs such dog shall immediately remove all feces deposited by such dog by any sanitary method approved by the Suffolk County Department of Health.
B. 
The feces removed from the aforesaid designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this chapter in a sanitary manner approved by the Suffolk County Department of Health.
[Amended 8-14-2018 by L.L. No. 4-2018]
A. 
Except as hereinbefore provided, any personnel of the Department of Public Safety, Smithtown Animal Shelter and Adoption Center Division, or any peace or police officer may:
(1) 
Seize any dog running at large.
(2) 
Seize any dog which is not licensed, whether on or off the owner's premises.
(3) 
Issue summonses to the owners of all dogs seized.
(4) 
Seize any animal at the request of the Suffolk County Police Department, Sheriff's Department or any Fire Department within the Town of Smithtown.
B. 
Every animal seized shall be properly fed and cared for at the expense of the Town until redemption or disposition thereof is made as hereinafter provided.
[Amended 8-14-2018 by L.L. No. 4-2018]
Any animal seized pursuant to the preceding section may be redeemed by its owner, provided that such owner produces proof that the animal has been licensed.
[Added 8-14-2018 by L.L. No. 4-2018]
After a seized animal has been in the custody of the Town of Smithtown Animal Shelter and Adoption Center for a period of not less than three days, or, if notice to the owner was sent by mail, for a period of not less than seven days, the Town of Smithtown Animal Shelter shall not release a dog or cat to a person claiming ownership thereof, unless such dog or cat has been sterilized by a licensed veterinarian; provided, however, that such requirements shall not apply:
A. 
If a licensed veterinarian certifies to such shelter that he or she has examined such dog or cat and found that because of a medical reason, the life of such dog or cat would be endangered by sterilization; provided, however, that such reason shall not consist solely of the youth of such dog or cat, if such dog or cat is at least eight weeks of age;
B. 
Dogs.
(1) 
If such dog, within the time period provided for by law, rule or regulation, is claimed by a person claiming ownership thereof, and such person demonstrates to the satisfaction of the shelter that such dog has a breed ring show record from the American Kennel Club or United Kennel Club or other similar registry association, dated no more than 12 months prior to the date such dog entered such shelter, or such person claiming ownership is able to provide proof that such dog has successfully completed the requirements of the American Kennel Club or United Kennel Club or other similar registry association, for the title of champion or its equivalent, at any time prior to the arrival of the dog at the shelter; or
(2) 
If, within the time period provided for by law, rule or regulation, the dog is claimed by a person claiming ownership thereof, and such person demonstrates to the satisfaction of the shelter that such dog is certified to provide the following services: guide dog, hearing dog, service dog, therapy dog, or law enforcement work dog; or
(3) 
If such dog is under the age of 12 months and is claimed by a person claiming ownership thereof and such person demonstrates to the satisfaction of the Commissioner that such dog is of a lineage of at least one parent animal that would qualify for exemption under Subsection B(1) or (2) above.
C. 
Cats.
(1) 
If such cat, within the time period provided for by law, rule or regulation, is claimed by a person claiming ownership thereof, and such person demonstrates to the satisfaction of such shelter that such cat has a breed show record from the Cat Fancier Association or other similar registry association dated no more than 12 months prior to the date such cat entered such shelter or such person claiming ownership is able to provide proof that such cat has successfully completed the requirements of the Cat Fancier Association or other similar registry association for the title of champion, grand champion or its equivalent, at any time prior to the arrival of the cat at the shelter; or
(2) 
If such cat is under the age of 12 months and is claimed by a person claiming ownership thereof and such person demonstrates to the satisfaction of the shelter that such cat is of a lineage of at least one parent animal that would qualify for exemption under Subsection C(1) above.
[Amended 8-14-2018 by L.L. No. 4-2018]
A. 
In addition to the powers granted by law, the Smithtown Animal Shelter and Adoption Center may accept an animal owned by a resident of the Town of Smithtown for euthanasia or adoption, provided that such resident signs a release upon the surrender of the animal, an affidavit attesting to ownership and any other documentation required by the Smithtown Animal Shelter and Adoption Center. The determination that additional documentation or material is necessary to determine proof of ownership of any animal shall be left to the discretion of the personnel of the Department of Public Safety, Smithtown Animal Shelter and Adoption Center Division, the determination of which shall be conclusive and final.
(1) 
Any animal surrendered for euthanasia pursuant to this section, which animal is maimed, diseased, disabled, infirm or, in the sole opinion of the owner, unfit for any useful purpose, may be immediately euthanized if the personnel of the Department of Public Safety, Smithtown Animal Shelter and Adoption Center Division, obtains from the owner of the animal a statement that the animal is maimed, diseased, disabled, infirm, or, in the sole opinion of the owner, unfit for any useful purpose. Final determination as to whether euthanasia is appropriate shall be left to the sole discretion of the personnel of the Department of Public Safety, Smithtown Animal Shelter and Adoption Center Division, after examination of the animal.
(2) 
Any animal otherwise surrendered shall not be euthanized until a minimum of five days shall have passed, unless extenuating circumstances exist, as determined by the personnel of the Department of Public Safety, Smithtown Animal Shelter and Adoption Center Division. The surrendered animal must be made available for adoption from the time the animal is surrendered to the Smithtown Animal Shelter and Adoption Center until a minimum of five days shall have passed. After waiting the requisite five days, the surrendered animal may then be euthanized.
[Amended 8-14-2018 by L.L. No. 4-2018]
A. 
Any person or group wishing to adopt an animal from the Smithtown Animal Shelter and Adoption Center shall pay to the personnel of the Department of Public Safety, Smithtown Animal Shelter and Adoption Center Division, a nonrefundable fee per the applicable fee schedule or such other fee as may be established by the Town Board from time to time.
B. 
All animals which have not been spayed or neutered and are of spay or neuter age and are adopted from the Smithtown Animal Shelter and Adoption Center must be spayed or neutered at the point of adoption, prior to taking possession of the animal, unless:
(1) 
There is a veterinarian's determination that the adopted animal should not be spayed or neutered due to medical reasons and a written statement from a veterinarian is provided to the Smithtown Animal Shelter and Adoption Center prior to the adoption of the animal.
C. 
All animals adopted from the Smithtown Animal Shelter and Adoption Center shall be implanted with a microchip and receive any age-appropriate vaccinations, as determined by the Smithtown Animal Shelter and Adoption Center veterinarian, at no additional cost to the adopter.
[Amended 7-12-2022 by L.L. No. 1-2022]
D. 
Notwithstanding any of the forgoing, no adoption of any animal from the Smithtown Animal Shelter and Adoption Center shall be authorized or permitted by any college, educational, research or similar institution for purposes of research or experimentation on animals.
A. 
The fact that a dog is without an identification tag attached to a collar, as provided by the Town Code and Article 7 of the New York State Agriculture and Markets Law, shall be presumptive evidence that the dog is unlicensed.
B. 
The person who last obtained a license for a dog pursuant to the provisions of this chapter and Article 7 of the New York State Agriculture and Markets Law shall be presumed, for the purposes of this chapter, to be the owner of such dog.
C. 
For the purposes of this chapter, it shall be presumed that any unlicensed dog harbored in a one-family dwelling is owned by all adults residing in the one-family dwelling.
[Amended 8-14-2018 by L.L. No. 4-2018]
No liability shall be imposed upon any personnel of the Department of Public Safety, Smithtown Animal Shelter and Adoption Center Division, the Town, or any employee of the Town for the euthanasia of any animal or animals pursuant to the provisions of this chapter or other applicable law, ordinance, rule or regulation.
A. 
Any person violating any provisions of this chapter shall be guilty of an offense. Notwithstanding the foregoing, any person violating any provisions of this chapter of the Code of the Town of Smithtown shall be subject to a penalty of $75 for the first violation, $150 for the second violation, and $300 for the third and all subsequent violations.
B. 
The Town Attorney is authorized and directed to institute any and all actions and proceedings necessary to enforce this chapter. The Town Attorney is also authorized to seek damages and any civil penalties in any civil action, and such penalties shall be in addition to and not in lieu of any criminal prosecution and penalty.
A. 
Hunting dogs. The provisions of § 135-4E of this chapter shall not apply to dogs actually used by persons while actually hunting during the seasons prescribed therefor by the laws of the State of New York.
B. 
Police canine dogs. The provisions of this chapter shall not apply to police canine dogs while performing a police service.
C. 
The provisions of this chapter shall not apply to guide dogs while under the control of the person needing assistance and police work dogs utilized by law enforcement agencies while under the control of law enforcement for law enforcement purposes. The Town Clerk shall furnish an identification tag bearing an official identification number without payment of a fee.
[Amended 8-14-2018 by L.L. No. 4-2018]
This chapter shall be deemed not to restrict in any manner the powers and authority conferred upon the Town by Article 7 of the Agriculture and Markets Law of the State of New York.
[Added 9-5-2017[1]; amended 8-14-2018 by L.L. No. 4-2018]
A. 
The Town Board may modify, from time to time, any charge or fee set forth under this chapter by Town Board resolution.
B. 
The current Animal Shelter Fee Schedule is as follows:
(1) 
Flat fees:
[Amended 8-10-2021 by Res. No. 2021-710]
(a) 
Dogs: $75.
(b) 
Puppies: $75.
(c) 
Cats: $75.
(d) 
Kittens: $75.
(e) 
Additional kittens/bonded cats (adopted at the same time as the first kitten/cat): $25 each.
(f) 
Other pets: Fees are set by the staff in accordance with the type of animal, but no fee shall be less than $25.
(2) 
Miscellaneous services:
(a) 
Trap rental returned binder: $40.
(b) 
Microchips (residents): $25.
(3) 
Redemption fees:
[Added 8-10-2021 by Res. No. 2021-710]
(a) 
First offense (within a 365-day period): $25 for the first dog or cat; additional $10 for each additional dog or cat (Example: two dogs/cats from the same owner/family: fee for first dog/cat equals $25; fee for second dog/cat equals $35; total redemption fee for both dogs/cats equals $60).
(b) 
Second offense (within a 365-day period): $50; additional $10 for each additional dog or cat (Example: two dogs/cats from the same owner/family: fee for first dog/cat equals $50; fee for second dog/cat equals $60; total redemption fee for both dogs/cats equals $110).
(c) 
Third offense (within a 365-day period): $100 plus additional $10 for each additional dog or cat (Example: two dogs/cats from the same owner/family: fee for first dog/cat equals $100; fee for second dog/cat equals $110; total redemption fee for both dogs/cats equals $210).
(d) 
Fourth offense (within a 365-day period): $200 plus $10 for each additional dog (Example: two dogs from the same owner/family: first dog equals $200; second dog equals $210; total redemption fee for both dogs equals $410).
(e) 
Additional offenses: The redemption fee shall double for each additional offense committed within a 365-day period plus the additional $10 fee added for each additional dog or cat.
(f) 
Nightly fee: $10 per night for the first dog or cat; $10 plus an additional $10 per night for each additional dog/cat (Example: two dogs/cats from the same owner/family: fee for first dog/cat equals $10; fee for second dog/cat equals $20 per night; total fee per night equals $30).
C. 
In all situations, the final determination regarding fee calculations shall be made by Smithtown Animal and Adoption Center Personnel on an approved form.
[Amended 8-10-2021 by Res. No. 2021-710]
[1]
Editor's Note: This ordinance also renumbered former § 135-15 as § 135-16.
This chapter shall take effect immediately upon filing with the Secretary of State of the State of New York.