Local Laws and Ordinances

Incorporated Village of Shoreham


Sec. 37. Dogs.

A. PURPOSE:

It is hereby declared and found that the health, welfare and safety of the inhabitants of the Village of Shoreham require regulations supplementing Article 7 of the New York State Agriculture and Markets Law and pertaining to the licensure, seizure and disposition of privately owned dogs. Article 7 of the New York State Agriculture and Markets Law is incorporated by reference therein.

B. DEFINITIONS:

As used in this local law, the following terms shall have the meanings indicated:

	AT LARGE -            Off the premises of the owner and not under the 
	                      control of the owner, his agent or a member of
	                      his family, whether by rope, leash or similar device.	                       

	CLERK -               The Clerk or the Town of Brookhaven. 

	DOG CONTROL OFFICER - The Dog Warden of the Town of Brookhaven. 

	OWNER -               Any person owning, harboring, having custody of or 
	                      keeping a dog.
 
	PERSON -              Any person or persons, firm, partnership, association, 
	                      company or corporation. 

	RESIDENT -            A resident of the Village of Shoreham.
 
	SIDEWALK -            The area between the curb line and the abutting property 
	                      owner's line. 

	TOWN -                The Town of Brookhaven. 

	VILLAGE CLERK -       Clerk of the Village of Shoreham. 

C. LICENSING AND RESTRICTIONS:

  1. 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 local law. Licenses shall not be required for dogs:

    1. Under the age of six (6) months, which are not at large.

    2. Possessing a valid purebred license as provided in Article 7 of the New York State Agriculture and Markets Law.

    3. Confined to the premises of an animal shelter or incorporated societies devoted to the care or treatment of lost, strayed or homeless animals.

    4. Confined to the premises of a college, educational or research institution for purposes of research.

    5. 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.

  2. Every person owning or harboring a dog shall make annual application for a license to the Clerk.

    Except as hereinafter provided, the applicant shall pay to the Clerk or Dog Control Officer, as the case may be, at the time of making application, the following fees:

    1. For each spayed or neutered dog, Two Dollars and Fifty Cents ($2.50).

    2. For each unspayed or unneutered dog, Twelve Dollars and Fifty Cents ($12.50).

  3. If the application shall disclose and the Clerk is satisfied that the dog for which the license is sought is either a guide dog, trained to aid the blind, or a hearing dog, trained to aid the deaf, and actually in use for such purpose, or owned by a recognized guide dog or hearing dog training center located within the state during the period such dog is being trained or bred for such purpose, or a so-called "war dog", honorably discharged from any K-O section of the United States Armed Forces, or a so-called "policework dog", trained to aid law enforcement officers, and is actually being used for policework purposes, the license shall be issued without the payment of any fee, and the Clerk shall inscribe across the face of the license in red the words "guide dog", "hearing dog", "war dog", or "police-work dog", as the case may be.

  4. The owner shall place and keep on each licensed dog a suitable collar, to which shall be securely attached the license tag issued for such dog. No dog shall be permitted to be at large without a collar and license tag. No license tag shall be placed on a dog other than the dog described in the license.

  5. No person owning, harboring or having control or custody of a dog shall permit such dog, whether Iicensed or not, to:

    1. Run at large in the incorporated areas of the Village of Shoreham elsewhere than on the premises of such person or on the premises of another person with the consent of such other person by means of a rope, leash or other similar device.

    2. Be at any time on any street, highway, park or other public place in the incorporated area of the Village of Shoreham, unless fully controlled by the owner or some other person by means of rope, leash or other similar device.

D. SEIZURE OF DOGS:

  1. Except as hereinbefore provided, the Dog Control Officer shall:

    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.

  2. Every dog seized shall be properly fed and cared for at the expense of the Town until redemption or disposition thereof is made as hereinafter provided.

E. REDEMPTION OR DISPOSITION OF SEIZED DOGS:

Any dog seized pursuant to the preceding section may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and pays the impoundment fees, which fee shall be the amount of any veterinarian charges applicable to the redeemed animal, plus:

  1. Ten Dollars ($10.00) for the first impoundment of any dog owned by that person.

  2. Twenty Dollars ($20.00) for the first twenty-four (24) hours or part thereof and Three Dollars ($3.00) for each additional twenty-four (24) hours or part thereof for the second impoundment within one (l) year of the first impoundment of any dog owned by that person.

  3. Thirty Dollars ($30.00) for the first twenty-four (24) hours or part thereof and Three Dollars ($3.00) for each additional twenty-four (24) hours or part thereof for the third and subsequent impoundments within one (1) year of the first impoundment of any dog owned by that person.

F. PRESUMPTIONS:

  1. The fact that a dog is without a tag attached to a collar, as provided by Article 7 of the New York State Agriculture and Markets Law, shall be presumptive evidence that the dog is unlicensed.

  2. The person who last obtained a license for a dog pursuant to the provisions of Article 7 of the New York State Agriculture and Markets Law shall be presumed, for the purposes of this local law, to be the owner of such dog.

  3. For purposes of this local law, 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.

G. NON-LIABILITY OF TOWN AND EMPLOYEES:

No liability shall be imposed upon the Dog Control Officer, nor Village of Shoreham, nor the Town, nor any employee of the Town, for destruction of any animals pursuant to the provisions of this Local Law.

H. PENALTIES FOR OFFENSES:

  1. Any person who shall own or harbor a dog, unless such a dog is licensed pursuant to Article 7 of the New York State Agriculture and Markets Law, shall be subject to a fine not exceeding Twenty Five Dollars ($25.00) for each such violation. Each day that a violation of this Local Law occurs or continues shall constitute a separate and distinct violation thereof. Each violation of this Local Law after the first offense shall constitute disorderly conduct, and an owner violating this Local Law, after the first offense, shall be a disorderly person.

  2. Any person who shall violate any provisions of this Local Law, for which violation no penalty is specifically provided herein, shall be subject to a fine not exceeding Twenty-Five Dollars ($25.00) for each such violation. Each day that a violation of this Local Law occurs or continues shall constitute a separate and distinct violation thereof. Each violation of this Local Law after the first offense shall constitute disorderly conduct and an owner violating this Local Law, after the first offense, shall be a disorderly person.

  3. The enactment of this Local Law or any prosecution hereunder shall not be deemed to prohibit an action for the recovery of damages or penalties under Article 7 of the New York Agriculture and Markets Law.

I. SURVIVING PROVISION:

  1. Notwithstanding Section A-H the following provisions of the Ordinances of the Village of Shoreham pertaining to Dog Control shall remain in effect insofar as they are consistent with Sections A-H.

  2. No owners shall permit their dog to run at large or otherwise upon the Village bathing beach in any manner during the period from June 1, to September 30, the Village bathing beach being defined as such portion of the beach and shoreline as is owned, leased or under the jurisdiction of the Village of Shoreham.

  3. No person owning, harboring or having the control or custody of a dog, shall permit such dog to excessively howl, whine or bark in such manner as to cause unreasonable disturbance to the neighbors or any person or persons in the vicinity of said dog.

  4. Violation of Section I (2) or I (3) shall be punishable by a fine not exceeding $250.00 for each offense.

  5. The provisions of this Section shall be solely enforceable by any Village Official so empowered by the Board of Trustees, and shall not fall within the obligations of the Dog Control Officer as previously enumerated.

This ordinance shall take effect on January 1, 1988.
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