[Adopted 2-6-2007 by L.L. No. 2-2007 (Ch. 216, Art. III,
of the 1985 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Shall refer only to dogs and cats.
A property consisting of a tract or tracts of land and all
buildings or structures and installations, temporary or permanent,
pertaining thereto, any part or all of which is maintained for the
harboring of animals which may be stray, unwanted, lost or abandoned,
including those facilities owned or operated by a municipality. For
the purpose of this article, the term "animal shelter" shall not apply
to a facility commonly known as a "boarding kennel," where the ownership
of the animal is not transferred; a facility commonly known as a "pet
store," where animals are offered for sale as all or part of a business;
an animal hospital owned, operated or supervised by a licensed veterinarian;
or a facility where the owner or operator is licensed by the New York
State Department of Environmental Conservation as a nuisance wildlife
control agent or wildlife rehabilitator.
A.
Euthanasia shall be performed in an animal shelter only in accordance
with the provisions of § 374 of the New York Agriculture
and Markets Law.
B.
No animal shall be euthanized within 72 hours of the animal being
taken in by the animal shelter, and the animal shall be placed within
the general population of the animal shelter and made available for
return to its rightful owner, if any, or for adoption in lieu of euthanasia.
C.
Animals surrendered for euthanasia shall only be accepted by the
animal shelter from owners; animal owners shall be required to complete
a certification form indicating said ownership.
D.
Notwithstanding the requirements of this section, euthanasia may
be performed within 72 hours of the animal being taken in by the animal
shelter only if the animal constitutes a threat to other animals in
the shelter due to a communicable disease or a behavioral problem,
or if delaying euthanasia would constitute cruel and inhumane treatment
due to a terminal illness or an injury of the animal.
Any animal shelter that violates any provision of this article
shall be liable for a civil penalty of $500 for each violation.
This article shall be enforced by the Suffolk County Department of Health Services in accordance with the provisions of Article II, § 760-200 et seq., of the Suffolk County Sanitary Code.
The Department of Health Services shall promulgate such rules
and regulations as it deems necessary and appropriate for the implementation
and enforcement of any provisions of this article.
