[HISTORY: Adopted by the Town Board of the
Town of Southampton 1-27-1981; amended 3-27-1990 by L.L.No. 9-1990.
Subsequent amendments noted where applicable.]
[Amended 3-23-2004 by L.L. No. 11-2004; 2-28-2006 by L.L. No. 15-2006]
A.
The Town of Southampton finds that the running at large and other uncontrolled behavior of dogs and other domestic animals have caused physical harm to persons and damage to property and created nuisances within the Town. The purpose of this chapter is to protect the health, safety and well-being of persons and property by imposing restrictions and regulations upon the keeping or running at large of dogs and the seizure thereof within the Town. The Town of Southampton also finds it necessary to enact policies pertaining to dogs and other domestic animals on Town-owned beach recreation facilities, park recreation facilities, parks, trails, cemeteries, community centers, recreation centers, and the Bay Beach Area and Ocean Beach Area in proximity to access roads (both Town and Trustee) which have been designated as “parking by permit only areas" under Chapter 312, Vehicles and Traffic, of the Town Code.
B.
Furthermore,
the purpose of this chapter is to provide for the licensing and identification
of dogs, in an effort to control and protect the dog population within
the Town.
[Added 11-30-2010 by L.L. No. 37-2010]
C.
Additionally,
the purpose of this chapter is to prohibit the feeding of geese and
other wild animals on public properties to reduce the incidents of
pathogen exposure and nutrient loading of public properties, especially
surface water bodies, associated with geese and other wild animals
congregation due to feeding.
[Added 6-26-2012 by L.L. No. 8-2012; amended 8-8-2023 by L.L. No. 26-2023]
[Amended 3-23-2004 by L.L. No. 11-2004; 11-30-2010 by L.L. No. 37-2010]
This chapter is enacted pursuant to the provisions
of § 122 of Article 7 of the Agriculture and Markets Law.
[Amended 3-23-2004 by L.L. No. 11-2004]
The title of this chapter shall be "Dogs and
Other Animals."
[Amended 6-12-2001 by L.L. No. 23-2001; 3-23-2004 by L.L. No. 11-2004; 5-10-2005 by L.L. No.
18-2005; 2-28-2006 by L.L. No. 15-2006]
As used in this chapter, the following terms
shall have the meanings indicated:
A Town-owned public right-of-way open for passage of vehicles,
people and animals to a body of water, beach, park or recreational
area.
A Town Trustee-owned right-of-way open for passage of vehicles,
people and animals to a body of water, beach, park or recreational
area.
Any animal that is unleashed and on property open to the
public or is on private property not owned or leased by the owner
of the animal, unless permission for such presence has been obtained.
No animal shall be deemed to be at large if it is accompanied by and
under the immediate supervision and control of the owner or other
responsible person, or is a police work dog in use for police work,
or is accompanied by its owner or other responsible person and is
actively engaged in showing, hunting or training for hunting on unposted
land or on posted land with the permission of the owner of the land.
[Amended 11-30-2010 by L.L. No. 37-2010]
As defined in § 111-1 of the Town Code, active public parkland within the bounds of the Bay Beach Area and Ocean Beach Area that is owned by the Town of Southampton and specifically designated for use by Town residents and visitors for recreational purposes. Some beach recreational facilities are "bathing beaches" while others are "unprotected waterfronts" and may be referred to as "beach access areas."
Any person, partnership, or corporate entity, whether operated
separately or in connection with another business, rescue, shelter,
or other organization, that sells more than one litter of animals
within any twelve-month period, whether wholesale or retail, or offers
to sell, exchange, or offer for adoption with a charge dogs, cats,
or any other domestic animal.
[Added 8-8-2023 by L.L. No. 26-2023]
A path or trail designated by the Town for horseback riding.
As outlined in § 291 of the Town Law.
Any institution featuring exhibits for the purpose of entertainment
and includes, but is not limited to, exhibitions and performances
by clowns, acrobats and/or animals, provided that nothing in this
chapter shall be construed as authorizing any display of wild or exotic
animals otherwise prohibited by the Code of the Town of Southampton.
Any pet shop, grooming shop, auction, riding school or stable,
zoological park, circus, performing animal exhibition or kennel.
To undertake the display of any animal(s) in an act, circus,
public show, trade show, photographic opportunity, carnival, ride,
parade, petting zoo, race, performance or similar undertaking in which
animals are set out to be viewed and/or are required to perform tricks,
fight or participate in performances for amusement or entertainment.
"Display" shall not include educational exhibitions by institutions
that are accredited by the American Zoo and Aquarium Association or
the Association of Sanctuaries or operated by any agency of the state,
county or local government. "Displayed" means to be the subject thereof.
[Amended 4-24-2012 by L.L. No. 4-2012]
Any domesticated canine, except guide dogs or service dogs,
duly licensed and trained to assist the impaired, visually or otherwise.
A trail designated by the Town for the walking of dogs by
the owner or other responsible person.
Any domesticated cat, sheep, horse, cattle, llama, goat,
swine, fowl, duck, goose, swan, turkey or rabbit.
A naturally occurring accumulation of sand in wind-formed
ridges or mounds landward of the beach, often characterized by the
natural growth of beach grass (Ammophila breviligulata). Included
in this definition are deposits of fill placed for the purpose of
dune construction.
For the purposes of this chapter, an animal use or exhibition
in which the entirety of the use or exhibition is devoted to imparting
knowledge or information about the exhibited animal's behavior, habitat,
life cycle, migratory patterns, feeding habits or similar pedagogical
information and is conducted by an individual or individuals who is/are
accredited or similarly qualified to impart such information. At no
time during an educational exhibition will any animal be made to perform
any behavior that is not intrinsically natural to the animal.
[Amended 4-24-2012 by L.L. No. 4-2012]
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
A canine duly licensed and trained to assist the visually
impaired.
To provide food or shelter to any animal.
A tag issued by the Town Clerk of the Town of Southampton
which sets forth the identification number together with the name
of the Town and state, the relevant Town telephone number, and any
other information deemed necessary by the Town Clerk.
[Added 11-30-2010 by L.L. No. 37-2010]
Any premises wherein any person engaged in the business of
boarding, buying, letting for hire, training for a fee or selling
dogs or cats. Any premises wherein any person is harboring more than
four unspayed or unneutered dogs or cats shall be considered a kennel
for the purposes of this chapter.
As defined in § 231-3.
Any person who harbors or keeps any animal. "Owner" may also
mean that the person who has last obtained the issuance of a license
for a dog pursuant to the provisions of this chapter shall be presumed
to be the owner of such dog. In the event that any animal found in
violation of this chapter shall be owned by a person less than 18
years of age, the owner shall be deemed to be the parent or guardian
of such person (or head of the household in which said person resides).
Anyone who redeems a lost, abandoned, or seized animal from the Town
contracted animal shelter shall be considered the owner of such animal
for all purposes.
[Amended 11-30-2010 by L.L. No. 37-2010; 8-8-2023 by L.L. No. 26-2023]
The person in whose name a dog was last licensed pursuant
to this chapter.
[Added 11-30-2010 by L.L. No. 37-2010]
As defined in § 330-5, active and passive public land designated for park purposes by the Town of Southampton.
As defined in § 111-1, parking areas of a beach recreation facility, park recreation facility, recreation center designated pursuant to § 111-2 and posted pursuant to § 111-4A, or an access road (both Town and Trustee) regulated pursuant to Chapter 312, Vehicles and Traffic, that is restricted to vehicles displaying a resident or nonresident permit.
As defined in § 111-1, active public parkland outside the bounds of the Bay Beach Area and Ocean Beach Area that is owned by the Town of Southampton and specifically designated for use by Town residents and visitors for recreational purposes and managed by the Town Department of Parks and Recreation.
Any spectacle, display, act or event other than circuses,
in which performing animals are used.
Includes an individual, any combination of individuals or
a corporation.
Any person, partnership or corporation, whether operated
separately or in connection with another business enterprise, except
for a licensed kennel, that buys, sells or boards any species of animal.
As defined in § 111-1, land, buildings, improvements and equipment for use by Town residents and visitors for recreational purposes.
An individual who maintains a residence within the Town of
Southampton.
[Added 11-30-2010 by L.L. No. 37-2010]
A canine or miniature horse that is individually trained
to do work or perform tasks for the benefit of an individual with
a disability, including a physical, sensory, psychiatric, intellectual,
or other mental disability. The work or tasks the animal has been
trained to provide must be directly related to the person’s
disability. Animals whose sole function is to provide comfort or emotional
support do not qualify as service animals under the Americans with
Disabilities Act.[1] Other species of animals, whether wild or domestic, trained
or untrained, are not considered service animals.
[Amended 8-8-2023 by L.L. No. 26-2023]
As defined in § 295-2.
A facility or property where training of two or more animals
occurs for compensation, whether monetary or otherwise, whether animals
are boarded on the premises or transported to the premises for training.
[Added 8-8-2023 by L.L. No. 26-2023]
Any or all of the following animals, whether bred in the
wild or in captivity, and also any or all of their hybrids with domestic
species. The words in parentheses are intended to act as examples
only and are not to be construed as being an exhaustive list or to
otherwise limit the generality of each group of animals. Domestic
animals as specified under New York State Agriculture and Markets
Law § 108(7) are specifically exempted from this list and
are not to be considered wild or exotic for the purposes of this chapter.
Nonhuman primates and prosimians (such as chimpanzees,
monkeys);
Felidae, except domesticated cats;
Canidae, including wolf hybrids and except domesticated
dogs;
Ursidae (bears);
Elephants;
Marine mammals (such as seals and sea lions);
Crocodilians (such as alligators and crocodiles);
Marsupials (such as kangaroos and opossums);
Ungulates (such as hippopotamus, rhinoceros,
giraffe, zebra, deer);
Hyenas;
Mustelidae (such as skunks, weasels, otters
and badgers);
Procyonae (such as raccoons and coatis);
Endentates (such as anteaters, sloth and armadillos);
Viverridae (such as civets and genets);
Cetaceans (such as whales and dolphins).
Poisonous reptiles (such as rattlesnakes, cobras,
and Gila monsters).
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[Amended 3-23-2004 by L.L. No. 11-2004; 2-28-2006 by L.L. No. 15-2006]
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 Southampton, to:
A.
Be at large.
B.
Disturb the comfort, peace or repose of any persons
in the vicinity by long or frequent noise or odor.
C.
Cause damage or destruction to property or commit
a nuisance by defecating or urinating upon the premises of a person
other than the owner of such dog or domestic animal.
D.
Chase or otherwise harass any person in such a manner
as reasonable to cause intimidation or to put such person in reasonable
apprehension of bodily harm.
E.
Defecate on a Town-owned beach recreation facility, park recreation facility, park, recreation center, or the Ocean Beach Area and Bay Beach Area or within 150 feet in proximity to an access road (both Town and Trustee) that has been regulated as a parking-by-permit-only area under Chapter 312, Vehicles and Traffic, without the owner or other responsible person cleaning up such waste.
F.
Enter the dune area other than upon a designated walkway
(if a walkway is designated and posted) or enter areas restricted
and posted for protection of piping plovers and other endangered species.
[Added 6-12-2001 by L.L. No. 23-2001; amended 3-23-2004 by L.L. No. 11-2004; 2-28-2006 by L.L. No. 15-2006]
A.
Beach recreation facilities. Except as provided in § 150-5.1A(1) below, dogs and domestic animals will be allowed on all Town-owned beach recreation facilities only from October 1 through March 30, provided that said dog or domestic animal is under the immediate supervision and control of the owner or other responsible person and provided further that any animal waste is removed. However, in any case, no dog or domestic animal shall be allowed within 50 feet of any symbolic fencing or areas posted for protection of piping plovers and other endangered species. The Superintendent of Parks and Recreation shall ensure installation of signage at beach recreation facilities to notify persons of these prohibitions, any additional rules and regulations promulgated pursuant to Chapter 111, Beaches, Parks and Waterways, and applicability of penalties for offenses.
(1)
The Parks Superintendent may in his/her discretion
promulgate a rule permitting dogs and other animals to be allowed
on the parking area of the following beach recreational facilities:
B.
Access roads (Town and Trustee). Dogs and domestic animals are prohibited on-access roads regulated as parking-by-permit-only areas pursuant to Chapter 312, Vehicles and Traffic, from July 1 through Labor Day between the times of 9:00 a.m. and 6:00 p.m. at the following locations and subject to the provisions listed below:
(1)
Location: on the Ocean Beach Area and Bay Beach Area
within 150 feet in proximity to an access road (both Town and Trustee)
and on the parking areas, travel lanes, and within the rights-of-way
of said access road. The area of 150 feet is defined as follows:
(a)
Beginning from the apex of the road and measuring
75 feet to the left and 75 feet to the right and then encompassing
a quadrangle area down to the low-water mark.
(2)
Dogs and domestic animals are permitted at the above
locations at all other times.
(3)
Standards of conduct and further restrictions. Any
dog or domestic animal shall be under the immediate supervision and
control of the owner or other responsible person, and all solid animal
waste shall be promptly removed.
[Amended 11-30-2010 by L.L. No. 37-2010]
(4)
These restrictions on dogs and domestic animals shall
be further subject to any terms of any applicable management agreement
with the Southampton Town Trustees.
(5)
Further restrictions may be imposed from time to time
as conditions may warrant with regard to areas posted for protection
of piping plovers and other endangered species, and lands of the County
of Suffolk, Town of Southampton, the Nature Conservancy, or if posed
as a special management concern area. Further restrictions may also
be promulgated from time to time by the Southampton Town Trustees
or the Superintendent of Parks and Recreation consistent with the
recommendations of the U.S. Fish and Wildlife Services' Atlantic Coast
Piping Plover Revised Recovery Plan, including potential requirements
for pets to be leashed and under the control of their owner or other
responsible person at all times, particularly, between the months
of April 1 through August 31. However, in any case, no dog or domestic
animal shall be allowed within 50 feet of any symbolic fencing or
areas posted for protection of piping plovers and other endangered
species.
(6)
The Superintendent of Parks and Recreation shall ensure installation of signage at all access roads (both Town and Trustee) which have been designated as a parking-by-permit-only area under Chapter 312, Vehicles and Traffic, to notify persons of these prohibitions, and additional rules and regulations promulgated pursuant to Chapter 111, Beaches, Parks and Waterways, or in accordance with the terms of any management agreement with the Town Trustees, as the case may be, and applicability of penalties for offenses.
C.
Upland parks; leash law in effect. It shall be unlawful
for any person to allow a dog or domestic animal to be in any of the
following locations unless said dog or domestic animal is leashed
and is under the immediate supervision and control of the owner or
other responsible person and any animal waste is promptly removed
at the following locations and subject to the provisions listed below:
[Amended 8-8-2023 by L.L. No. 26-2023]
(1)
Locations:
(a)
Park recreation facilities and parks, and subject to any additional rules promulgated by the Superintendent of Parks and Recreation pursuant to Chapter 111, Beaches Parks and Waterways.
(b)
Areas designated as a nature preserve pursuant to Chapter 231, except for horses on established bridle paths in nature preserves.
(c)
Cemeteries, Town-owned and abandoned, as outlined
in § 291 of the Town Law.
(2)
The Superintendent of Parks and Recreation shall ensure installation of signage at all park recreation facilities and parks where rules and regulations have been promulgated pursuant to Chapter 111, Beaches, Parks and Waterways, including designated dog walking trails, bridle paths, and restricted areas, to notify persons of these prohibitions, additional requirements and applicability of penalties for offenses.
D.
Trails. It shall be unlawful for any person to allow a dog or domestic animal to be on any Southampton Town-owned trail, unless said dog or domestic animal is leashed or is under the immediate supervision and control of the owner or other responsible person, and provided further that any animal waste is removed. All dogs or domestic animals are prohibited in those areas designated as a nature preserve pursuant to Chapter 231, except for horses on established bridle paths in nature preserves. On Town-owned trails that originate at a Town-owned park recreation facility, the Superintendent of Parks and Recreation shall ensure installation of signage at all parks where rules have been promulgated pursuant to Chapter 111, Beaches, Parks and Waterways, to notify persons of these prohibitions, requirements and applicability of penalties for offenses.
[Amended 8-8-2023 by L.L. No. 26-2023]
E.
Recreation center and community centers. Except for
guide dogs or service dogs, it shall be unlawful to allow a dog or
domestic animal to be within a Town-owned recreation center or community
center. Notwithstanding this general prohibition within recreation
centers and community centers, the Superintendent of Parks and Recreation
or the Commissioner of General Services may authorize a waiver of
this restriction as a condition of a facility use permit or, in his
or her discretion, for recreational programming.
F.
A violation of a rule or regulation promulgated by the Superintendent of Parks and Recreation and posted pursuant to Chapter 111, Beaches, Parks and Waterways, as such rule or regulation pertaining to dogs or other domestic animals shall also be deemed to be a violation of this chapter.
G.
A violation of a rule or regulation posted by the Superintendent of Parks and Recreation pursuant to Chapter 111, Beaches, Parks and Waterways, in accordance with any applicable annual management agreement with the Southampton Town Trustees as such rule or regulation pertaining to dogs or other domestic animals shall also be deemed to be a violation of this chapter.
[Amended 8-8-2023 by L.L. No. 26-2023]
Every female dog in heat, as determined by a
licensed veterinarian, shall be confined in a building or secure enclosure
in such a manner that such female dog cannot come into contact with
another intact (not neutered) animal except for planned breeding.
[Amended 7-12-1994 by L.L. No. 32-1994; 11-30-2010 by L.L. No. 37-2010]
The Town of Southampton Animal Control Officer
shall, if authorized by the Town Board, act as an agent or officer
of the Suffolk County Society for the Prevention of Cruelty to Animals
for the purpose of enforcing Article 26 of the Agriculture and Markets
Law, relating to the humane treatment of animals.
[Amended 5-10-2005 by L.L. No. 18-2005]
A.
Display of exotic animals. It shall be a violation of this section to exhibit or display any live, wild or exotic animal as defined in § 150-4 of this chapter within the Town of Southampton.
B.
In the event that nonwild or nonexotic animals are
displayed or exhibited, the use of electric prods or shocking devices,
flank or bucking straps, wire tie-downs, sharpened spurs, bull hooks
and bullwhips, or any mechanical, electrical or manual device which
will cause or is likely to cause physical injury, pain or suffering
are specifically prohibited. No animal shall be made to perform any
act which is inherently dangerous or unnatural or that is likely to
result in injury to the animal.
C.
All nonwild or nonexotic animals brought into Southampton for display or performance must have proof of required vaccinations or a valid certificate of health from a licensed veterinarian dated within one year of the date of display or exhibit. Animals must be free of any outward signs of injury, illness and disease and must be maintained in such condition for the term of the display or exhibit and must be able to meet all other requirements as set forth in § 150-9.
D.
The provisions of this chapter shall not apply to the displaying, raising, breeding, boarding, training, or showing of horses, the display of wild or exotic animals by American Zoo and Aquarium Association (AZA) accredited institutions, the Association of Sanctuaries or educational exhibitions as defined in § 150-4 of this chapter, and provided that a commercial enterprise permit has been granted pursuant to § 150-9 of this chapter and, if appropriate, New York State and federal licenses have been obtained.
[Amended 4-24-2012 by L.L. No. 4-2012]
[Amended 5-10-2005 by L.L. No. 18-2005]
A.
No person, partnership or corporation shall operate
a commercial animal establishment without first obtaining a permit
in compliance with this section.
B.
Upon a showing by an applicant for a permit that he/she
is willing and able to comply with the regulations promulgated by
the Southampton Town Department of Animal Control under supervision
of the Town Code Compliance and Emergency Management Administrator,
a permit shall be issued upon a satisfactory inspection and payment
of the applicable fee as established by resolution of the Town Board.
[Amended 11-30-2010 by L.L. No. 37-2010; 8-8-2023 by L.L. No. 26-2023]
C.
The permit period shall begin with the fiscal year
and shall run for one year. Renewal applications for permits shall
be made 30 days prior to and up to 60 days after the start of the
fiscal year. Application for a permit to establish a new commercial
animal establishment under the provisions of this article may be made
at any time.
D.
If there is a change in ownership of a commercial
animal establishment, the new owner may have the current permit transferred
to his/her name upon a satisfactory re-inspection and payment of a
transfer fee as noted in the fee schedule.
E.
Annual permits must be in compliance with the policies
set forth by the Southampton Town Department of Animal Control under
supervision of the Town Code Compliance and Emergency Management Administrator.
A copy of the policy shall be made available in the Town Clerk's office.
Annual permits shall be issued upon payment of fees as noted on the
fee schedule for:
[Amended 11-30-2010 by L.L. No. 37-2010; 8-8-2023 by L.L. No. 26-2023]
F.
Each business located on separate tax map parcel shall be considered a separate enterprise for the purposes of § 150-9 of this chapter and as such shall require an individual permit.
G.
Government-operated zoological parks shall be exempt
from the provisions of this section.
H.
Veterinary hospitals and clinics owned and operated
by veterinarians licensed to practice in New York State are exempt
from the provisions of this section.
[Amended 5-10-2005 by L.L. No. 18-2005]
A.
The Town Code Compliance and Emergency Management
Administrator may revoke any permit if the person holding the permit
refuses or fails to comply with this chapter, the regulations promulgated
by the Southampton Town Department of Animal Control, or any law governing
the protection and keeping of animals. Upon a violation of this article,
on the recommendation of the Animal Shelter Supervisor, the commercial
enterprise permit shall be suspended upon notice and hearing before
the Public Safety Commission.
[Amended 11-30-2010 by L.L. No. 37-2010; 8-8-2023 by L.L. No. 26-2023]
B.
If the Southampton Town Department of Animal Control
refuses to issue or revokes a permit, the permittee may apply to the
Public Safety Commission upon payment of the applicable fee. After
a public hearing, the Public Safety Commission may grant or refuse
said permit by resolution.
[Amended 11-30-2010 by L.L. No. 37-2010; 8-8-2023 by L.L. No. 26-2023]
C.
Any business whose permit is revoked shall, within
10 days thereafter, humanely dispose of all animals owned, kept or
harbored.
D.
It shall be a condition of any permit issued under § 150-9 that a representative of the Town Animal Control Department shall be permitted to inspect all animals and all facilities associated with animals, including their housing and care.
[Amended 11-30-2010 by L.L. No. 37-2010]
E.
No person who has been convicted of cruelty to animals
shall be issued a permit to operate a commercial animal establishment.
F.
Should any business fail to operate for the term on
the permit, whether for voluntary or involuntary reasons, no portion
of the permit fee shall be refunded.
[Added 11-30-2010 by L.L. No. 37-2010]
A.
License required. Any person owning, possessing or harboring a dog
four months of age or over in the Town of Southampton shall obtain
a current license for said dog and shall place and keep on such dog
a collar to which shall be securely attached a valid identification
tag for that dog, in accordance with the requirements of this chapter.
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 Clerk.
B.
Exemptions from license requirement.
(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 Southampton, 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)
Any dog harbored within the Town of Southampton which is owned by
a resident of New York City or licensed by the City of New York, or
which is owned by a nonresident of New York State and licensed by
a jurisdiction outside the State of New York, shall for a period of
30 days be exempt from the licensing and identification provisions
of this chapter.
(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.
C.
Application for a license.
(1)
Applications for a license or a renewal thereof shall be accompanied
by a nonrefundable processing fee as established by resolution of
the Town Board. An application for a license or renewal shall be in
the form prescribed by the Southampton Town Clerk and shall provide
for the following minimum 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.
(2)
Exempted from payment of the license fees are applications submitted
for a dog license for any service animal, working search, detection,
police, military and therapy dogs.
[Amended 8-8-2023 by L.L. No. 26-2023]
D.
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 a current rabies vaccination history, 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.
E.
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 for
an altered dog.
F.
No individual under the age of 18 years shall be deemed an owner
of record and be issued a dog license.
G.
Issuance of license.
(1)
Upon validation by the Town Clerk or authorized Animal 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.
H.
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.
(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 a
fee, as determined by resolution of the Town Board, to the Town Clerk
for a replacement tag.
I.
Term of license and renewals. All licenses issued pursuant to this
article, and any renewal thereof, 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.
J.
Change of ownership; lost or stolen dog; death.
(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 4-14-1992 by L.L. No. 13-1992; 7-12-1994 by L.L. No. 32-1994; 6-12-2001 by L.L. No. 23-2001; 3-23-2004 by L.L. No. 11-2004; 5-10-2005 by L.L. No. 18-2005; 11-30-2010 by L.L. No. 37-2010]
B.
Every animal seized shall be properly cared for, sheltered, fed and
watered for not less than the redemption periods set forth in § 117
of the Agriculture and Markets Law.
C.
Seized dogs may be redeemed by producing proof of licensing and identification
pursuant to this chapter and by paying impoundment fees set forth
by the Town of Southampton or the organization that the Town contracts
with to provide shelter services.
D.
If the owner of any unredeemed dog is known, such owner shall be
required to pay the impoundment fees whether or not such owner chooses
to redeem his or her dog.
E.
If the owner of an unredeemed, injured animal is known, such owner
shall be required to pay the impoundment fees, license fee and any
fee for veterinary services before the animal is released from an
animal hospital, whether or not such owner chooses to redeem his or
her animal.
F.
Any animal which is unredeemed at the end of the redemption period
shall be made available for adoption or euthanized pursuant to §§ 117
and 118 of the Agriculture and Markets Law.
G.
Voluntary surrender shall give authority to the Town of Southampton,
or the organization that the Town contracts with to provide shelter
services, or any of its agents and officers to accept and dispose
of unwanted, owned animals if the following conditions are met:
(1)
The authority to dispense with the usual redemption provisions in
those cases where an owner surrenders an unwanted animal.
(2)
Requirement that the owner execute a consent and/or affidavit in
a form prescribed by the municipality agreeing to the disposition
of said animal. The adoption or destruction of said animal shall be
in accordance with the euthanasia policy as adopted by Town Board
resolution or as adopted by the organization that the Town contracts
with to provide shelter services, absolving the Town of Southampton,
its agents and officers, and the Southampton Town Animal Shelter of
all liability.
(3)
The authority for the Southampton Town Department of Animal Control
or the organization that the Town contracts with to provide shelter
services to discontinue the service at such times when accepting animals
would create a condition whereby seized animals could not be properly
sheltered and cared for.
[Amended 8-8-2023 by L.L. No. 26-2023]
(4)
Surrender fee. The fee for the surrender of an animal to the Animal
Shelter shall be set by the Town of Southampton or the organization
that the Town contracts with to provide shelter services.
H.
Statutory license fees shall be in accordance with this chapter.
I.
The Southampton Town Department of Animal Control, the organization
that the Town contracts with to provide shelter services, or their
designee shall have the authority to waive adoption, redemption, boarding
and surrender fees at their discretion, when appropriate.
[Amended 8-8-2023 by L.L. No. 26-2023]
[Amended 7-12-1994 by L.L. No. 32-1994; 3-23-2004 by L.L. No. 11-2004; 11-29-2011 by L.L. No. 41-2011]
Any person who observes a dog or other domestic
animal in violation of this chapter may file a complaint under oath
with a Justice of the Town of Southampton specifying the nature of
the violation, the date thereof, a description of the dog or other
domestic animal and the name and residence, if known, of the owner
of such dog or such other domestic animal. Such complaint may serve
as the basis for enforcing the provisions of this chapter or for referring
the matter to other appropriate state, county or local agencies for
possible action.
[Amended 3-23-2004 by L.L. No. 11-2004; 11-30-2010 by L.L. No. 37-2010]
Any park ranger, bay constable, code enforcement
officer, animal control officer, peace officer, when acting pursuant
to his or her special duties, or police officer in the employ of or
under contract to the Town of Southampton observing a violation of
this chapter in his or her presence shall issue and serve an appearance
ticket for such violation. All of the enforcement personnel indicated
above are authorized to enforce the provisions of this chapter.
[Added 6-26-2012 by L.L. No. 8-2012; amended 8-8-2023 by L.L. No. 26-2023]
A.
It shall
be unlawful for any person to place, deposit, scatter, spread, distribute
or otherwise disseminate on public property, including Town facilities,
any type of foodstuff, including but not limited to corn, wheat or
other grains, bread, crackers, popcorn, scraps, or any other substance
or foodstuff, as to make it available to be eaten by a goose or geese
and other wild animals.
B.
Notwithstanding the provisions of Subsection A immediately above, nothing contained within this section shall make it unlawful to place, deposit, scatter, spread, distribute or otherwise disseminate corn, wheat or other grains, plants and/or seeds on public property in conjunction with lawful and legitimate agricultural, fishing or hunting activities.
[Amended 3-23-2004 by L.L. No. 11-2004; 5-10-2005 by L.L. No. 18-2005; 8-8-2023 by L.L. No. 26-2023]
A.
Any person
violating this chapter shall be subject to a penalty no greater than
$250 for a first conviction, a minimum of $250 but no greater than
$500 for a second conviction, and a minimum of $500 but no greater
than $1,000 for a third or subsequent conviction. In lieu of a fine,
a judge may allow for community service not to exceed 24 hours per
violation. Any violation of this section shall be a violation level
offense.
B.
Anyone
convicted pursuant to this section shall be required to pay a mandatory
animal welfare surcharge of $100. The animal welfare surcharge shall
be paid to the clerk of the court or administrative tribunal that
rendered the conviction.
C.
Each day
or part of a day on which a violation continues shall constitute a
separate violation.
