[Adopted 6-29-1993 by L.L. No. 18-1993 (Ch. 207, Art. II,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that rabies in the wildlife
population of the State of New York, especially the raccoon population,
continues to spread throughout the state despite geological barriers
such as waterways.
B.
This Legislature further finds that the largest epidemic of rabies
among animals ever recorded by any state in the nation occurred in
New York State in 1992, with a total of 1,761 rabid animals, a number
that undercounts the epidemic since many animals die unseen or are
not collected for examination when found.
C.
This Legislature also finds that the County of Suffolk has a particularly
large population of raccoons and other hosts of the rabies virus which
interact on a frequent basis with the domestic pet population.
D.
This Legislature also finds that the control of the domestic animal
population is the responsibility of the State of New York and local
municipalities, while the responsibility of the counties is to protect
the public health.
E.
This Legislature also finds that the Suffolk County Department of
Health Services has experienced a fifty-percent increase in animal
bite investigations involving Suffolk County residents over the past
12 months.
F.
Therefore, the purpose of this article is to prevent the spread of
rabies by requiring the owners of all dogs and cats residing within
the County of Suffolk to obtain an anti-rabies vaccination for said
cats and dogs without the licensing of our domestic pet population.
As used in this article, the following terms shall have the
meanings indicated:
Injection of a rabies vaccine which meets the standards prescribed
by the United States Department of Agriculture for interstate sale
and which is administered according to the manufacturer's instruction
under the supervision of a duly licensed veterinarian or licensed
technician.
Costs incurred for purchase of rabies serum and syringe.
The Suffolk County Commissioner of Health Services.
The Long Island Veterinary Medical Association.
Individual licensed practicing members of the LIVMA who agree
to provide rabies inoculations at $12.50 and to work with the Commissioner
of the Suffolk County Department of Health Services to provide low-cost
rabies inoculation clinics, as determined by the Commissioner, throughout
the County of Suffolk.
The Commissioner of Health of the State of New York.
The Suffolk County Society for the Prevention of Cruelty
to Animals.
A.
Every dog and cat residing within Suffolk County shall be actively
immunized against rabies in accordance with recommendations issued
by the National Association of State Public Health Veterinarians'
Compendium of Animal Rabies Control.
B.
All vaccinations shall occur within the time frame established in
the recommendations issued by the National Association of State Public
Health Veterinarians' Compendium of Animal Rabies Control or within
one week from acquisition of an animal, whichever is later.
C.
The owner of every dog or cat that has been actively immunized against
rabies, in accordance with current recommendations issued by the National
Association of State Public Health Veterinarians and provisions of
this article, shall place a collar, tag or other form of appropriate
identification on said animal signifying that the animal has been
properly inoculated against rabies.
Section 299-8 of this article shall not apply to any dog or cat:
A.
That is transported through the County and will remain in the County
for 15 days or less.
B.
That is confined to the premises of an incorporated society devoted
to the care of lost, stray or homeless animals.
C.
For which vaccination against rabies would adversely affect the animal's
health, as determined by a duly licensed veterinarian.
A.
Town municipal animal shelters or veterinarians providing treatment or temporary boarding to a dog or cat shall verify, in writing, whether such dog or cat is actively immunized against rabies or is exempt under § 299-9 of this article. If active immunization or exemption cannot be verified, the town municipal animal shelter or veterinarian shall provide to the pet owner a document prepared by the Commissioner specifying his options regarding inoculation consistent with the rabies policy of the County of Suffolk specified in this article.
B.
The town municipal animal shelter or veterinarian who either administered
the vaccine or was responsible for supervising the immunization of
a dog or cat shall give the owner of the dog or cat a signed statement
and an appropriate identification tag verifying the immunization.
The statement and identification tag shall include the following information:
A.
Affordable
Rabies Program.
(1)
The Commissioner is hereby authorized, empowered and directed to
work in cooperation with LIVMA and the 10 town municipal animal shelters
to provide low-cost rabies vaccinations at $12.50 to residents of
each of the 10 towns of Suffolk County. This Affordable Rabies Program
shall include a series of low-cost clinics to be conducted with the
cooperation of the Suffolk County Department of Health Services and
participating members of LIVMA.
(2)
The Commissioner is hereby authorized, empowered and directed to
prepare a "means test" to be used by the participating veterinarians
to provide at-cost inoculations to those individuals wishing to comply
with the rabies policy of the County of Suffolk but unable to pay
the expense of the Affordable Rabies Program.
(3)
The Commissioner is hereby authorized, empowered and directed to
work in cooperation with LIVMA to ensure adequate veterinarian participation
in the low-cost rabies inoculation policy of Suffolk County. Adequate
participation shall be determined to be 25% of practicing, licensed
veterinarians in each of the 10 towns of the County of Suffolk, or
at least one veterinarian per town shelter, and a twenty-five-percent
overall participation of the practicing, licensed veterinarians in
the County of Suffolk.
(4)
In the event that the Commissioner determines that participation
falls below the twenty-five-percent or other acceptable threshold
in any of the 10 towns of the County of Suffolk, or within the County
of Suffolk as a whole, LIVMA shall be notified and allowed three months
from the County's date of determination to generate participation
at the twenty-five-percent threshold or other acceptable level.
(5)
The Commissioner is hereby authorized, empowered and directed to
prepare a document that outlines the rabies policy of the County of
Suffolk to be dispensed by veterinarians and town municipal animal
shelters and to include provisions for at-cost inoculations for those
individuals unable to pay the costs of the Affordable Rabies Program.
(6)
The Commissioner is hereby authorized, empowered and directed to
prepare a list of the participating members of LIVMA in the Affordable
Rabies Program of the County of Suffolk to be distributed to those
groups or individuals involved in the dissemination of public health
information.
B.
Feral cats.
(1)
The
Commissioner is hereby authorized, empowered and directed to prepare
a document to be used by bona fide animal societies, town municipal
or private shelters or licensed individuals or corporations specifying
that these groups or individuals will return trapped feral cats to
the original location of capture, following no-cost neutering and
inoculation.
(2)
The Commissioner is hereby authorized, empowered and directed to
enter into a contract with the Suffolk County SPCA to spay/neuter
and inoculate 20 feral cats per week at no cost to the County of Suffolk.
C.
D.
The Long Island Veterinary Medical Association (LIVMA) shall provide
to the 10 town municipal animal shelters licensed veterinarians for
purposes of inoculating nonvaccinated animals and/or training and
certification of veterinary technicians for purposes of inoculating
nonvaccinated animals.
E.
Town municipal animal shelters, private shelters, humane societies
or individuals or corporations involved in the harboring, treating,
trapping, board or adoption of dogs and cats shall not release any
animal to its owner without proper inoculation.
F.
The Commissioner is hereby authorized, empowered and directed to
hire a licensed veterinarian on a per-diem basis to oversee and certify
veterinary technicians at each of the 10 town municipal shelter and
to prepare a program, consistent with the aforementioned provisions
of this article, to administer at-cost clinics in each of the 10 towns
of the County of Suffolk, on a yearly rotating basis. The Commissioner
shall make provisions for subsequent booster and follow-up injections
to be paid for by grant moneys allocated to the County of Suffolk
by the State of New York.
G.
If any of the aforementioned provisions affecting participation by LIVMA to provide affordable rabies inoculations to the residents of the County of Suffolk are not complied with within three months following the adoption of this article, or as specified within this article, the emergency provisions in § 299-12D of this article shall take effect.
A.
Whenever the State Commissioner confirms that rabies exists in terrestrial
animals in Suffolk County, it shall be unlawful for any person owning,
boarding or otherwise keeping or having custody of a dog or cat to
allow the animal to be at large any place other than the premises
of the person, except that the animal may be confined to the premises
of another person with the knowledge and consent of the other person.
However, the State Commissioner may prescribe conditions under which
and areas in which dogs and cats which have been actively immunized
shall be permitted to be at large.
B.
Whenever the State Commissioner confirms that rabies exists in terrestrial
animals in Suffolk County, any duly appointed animal control officer,
peace officer, police officer or health officer for that area may
seize any dog or cat found at large if that animal does not possess
identification signifying that it has been properly inoculated against
the rabies virus.
C.
Any dog so seized shall be kept in accordance with procedures set
forth in Article 7 of the New York State Agriculture and Markets Laws.
Similar procedures shall apply to cats.
D.
Insufficient veterinarian participation.
(1)
In
the event that the Commissioner determines that, following notification
to LIVMA, veterinarian participation levels for a specific town, or
the County of Suffolk as a whole, remains below the twenty-five-percent
or other acceptable threshold, and the three-month window available
to LIVMA to generate adequate participation has been exhausted, the
following provisions shall supersede all previous agreements and provisions
of this article:
(a)
The Commissioner is hereby authorized, empowered and directed
to execute an agreement for a period to be determined with the Suffolk
County SPCA to run a low-cost rabies inoculation program at no cost
to the County of Suffolk. Provisions of this agreement shall include:
(2)
In the event that there is a second determination by the Commissioner of veterinarian participation falling below the twenty-five-percent or other acceptable threshold level within one year after the date of the initial or previous determination of lower than acceptable participation levels, then the provisions of Subsection D(1) shall take effect on a permanent basis.
The Commissioner of the Suffolk County Department of Health
Services is hereby authorized, empowered and directed to promulgate
and issue such rules and regulations as shall be deemed necessary
and proper to carry out the provisions of this article.
This article shall be enforced by the Suffolk County Department of Health Services in accordance with the provisions of Article 2 of the Suffolk County Sanitary Code.
This article shall be null and void on the same day that statewide
legislation goes into effect, incorporating either the same or substantially
similar provisions as are contained in this article, or in the event
that a pertinent state administrative agency issues and promulgates
regulations preempting such action by the County of Suffolk. The County
Legislature may determine, via mere resolution, whether or not identical
or substantially similar statewide legislation has been enacted for
the purposes of triggering the provisions of this section.
This article shall require immunization of all dogs and cats covered by this article following its effective date as set forth in § 299-18.
This article shall take effect 30 days after filing in the Office
of the Secretary of State.
