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Public Notices

Posted on: January 9, 2018

Dogs and Other Animals

NOTICE OF PUBLIC HEARING

TOWN OF SMITHTOWN

NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Smithtown, Suffolk County, State of New York, will meet at the Town of Smithtown Town Hall, Patrick R. Vecchio Building, Victor T. Liss Boardroom, 99 West Main Street, Smithtown, New York, on the 6th day of February, 2018 at 2:00 p.m., time then in effect to consider a proposed amendment to Chapter 135 of the Code of the Town of Smithtown entitled "Dogs and Other Animals."


PROPOSED AMENDMENTS TO CHAPTER 135,

DOGS AND OTHER ANIMALS,

 OF THE CODE OF THE TOWN OF SMITHTOWN

Additions indicated by underlines.

Deletions indicated by strikeouts.

 

Chapter 135. Dogs and Other Animals Smithtown Animal Shelter and Adoption Center

 

§135-2. Definitions.

 

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

 

OFFICIAL IDENTIFICATION NUMBER

A series or combination of letters, numbers or symbols approved and furnished by the Town Clerk or Animal Shelter Supervisor personnel of the Department of Public Safety Smithtown Animal Shelter and Adoption Center Division.

 

SHELTER CLERK

Includes any Town of Smithtown Animal Shelter Department of Public Safety Smithtown Animal Shelter and Adoption Center Division personnel, except for an Animal Control Officer, Animal Shelter Supervisor or Assistant Animal Shelter Supervisor as defined herein.

§135-4. License, collar and identification tag required.

 

D.        The Town Clerk, or authorized Animal Control Officer 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.

F.         Applications for a dog license shall be accompanied by a nonrefundable processing fee of $7 for an altered dog and $15 for an unaltered dog 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.

G.        Any person wishing to replace an identification tag previously issued shall pay the sum of $4 to a fee promulgated by the Town Clerk for a replacement tag.

§135-6. Seizure of dogs animal(s).

 

A.        Except as hereinbefore provided, any Animal Control Officer, Assistant Animal Shelter Supervisor, or the Animal Shelter Supervisor 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 dog animal at the request of the Suffolk County Police Department, Sheriff’s Department or any Fire Department within the Town of Smithtown.

B.        Every dog 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.

§135-7. Redemption of seized dogs animal(s); fees.

 

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

A.        Twenty-five dollars for the first impoundment of any dog owned by that person. If the dog is not redeemed by the owner within the first 24 hours of impoundment, the owner shall pay an additional $10 per day for any additional twenty-four-hour, or part thereof, impoundment of said dog.

B.        Fifty dollars for the first 24 hours or part thereof and $10 for each additional 24 hours or part thereof for the second impoundment within one year of the first impoundment of any dog owned by that person.

C.        Seventy-five dollars for the first 24 hours or part thereof and $10 for each additional 24 hours or part thereof for the third and subsequent impoundments within one year of the first impoundment of any dog owned by that person.

 

§135-7.1. Spaying/Neutering of Seized Animals.

 

After a seized animal has been in the custody of the Town of Smithtown Animal Control and Adoption Center for a period of more than fourteen (14) days, the animal shall not be released to any individual, including the owner of such animal, prior to being spayed or neutered by a licensed veterinarian; however, such requirement shall not apply if a licensed veterinarian certifies to the Animal Control and Adoption Center 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 alteration, provided that such reason shall not be based solely on the youth of such dog or cat, if such dog or cat is at least eight weeks of age.

§135-8. Surrender of dogs and cats animal(s); fees.

A.        In addition to the powers granted by law, any Animal Control Officer, the Animal Shelter Supervisor, o the Assistant Animal Shelter Supervisor of the Town of Smithtown The Smithtown Animal Shelter and Adoption Center may accept a dog or cat 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 dog or cat animal, an affidavit attesting to ownership and any other documentation required by the Animal Shelter Supervisor or Animal Control Officer The Smithtown Animal Shelter and Adoption Center. The determination that additional documentation or material is necessary to determine proof of ownership of any dog or cat animal shall be left to the discretion of the Animal Shelter Supervisor personnel of the Department of Public Safety Smithtown Animal Shelter and Adoption Center Division, whose the determination of which shall be conclusive and final.

(1)  Any dog or cat 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 Animal Shelter Supervisor personnel of the Department of Public Safety Smithtown Animal Shelter and Adoption Center Division  obtains in writing from the owner of the dog or cat animal a written statement that the dog or cat animal is maimed, diseased, disabled, infirm, or, in the sole opinion of the owner, unfit for any useful purpose. Such Final determination as to whether euthanasia is appropriate shall be left to the sole discretion of the owner of the cat or dog personnel of the Department of Public Safety Smithtown Animal Shelter and Adoption Center Division, after examination of the animal.

(2)  Any dog or cat 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 dog or cat animal must may be made available for adoption from the time the dog or cat animal is surrendered to the Animal Shelter The Smithtown Animal Shelter and Adoption Center until a minimum of five days shall have passed. After waiting the requisite five days, the surrendered dog or cat animal may then be euthanized.

B.        A resident who shall surrender a dog or cat pursuant to this section shall pay to the Shelter Clerk, Animal Control Officer, Animal Shelter Supervisor or Assistant Animal Shelter Supervisor a surrender fee of $40 for a dog and a fee of $30 for a cat, plus a rabies vaccine fee of $15 per dog or cat, when applicable, as determined by Smithtown Animal Shelter, unless the resident submits proof of rabies vaccination at the time of surrender. If the surrendered dog or cat requires any additional vaccinations at the time of surrender, as determined by the Smithtown Animal Shelter, the resident shall provide payment for the additional vaccinations to the Smithtown Animal Shelter at the time of surrender. Any resident who shall surrender a cat or dog which is not spayed or neutered at the time of surrender shall be required to pay a spay/neuter fee to the Smithtown Animal Shelter at the time of surrender in order to reimburse the Town of Smithtown for having the cat or dog spayed or neutered. The spay/neuter fee is based upon the usual and customary fee set by the local veterinarian utilized by the Town of Smithtown. A resident may surrender a litter of dogs, provided that the litter is no more than three months old, and shall pay to the Shelter Clerk, Animal Control Officer, Animal Shelter Supervisor or Assistant Animal Shelter Supervisor a fee of $40; and a resident may surrender a litter of cats, provided that the litter is no more than three months old, for a fee of $30. The Animal Shelter Supervisor shall have the right to reject a litter of dogs or cats if, in the sole discretion of the Animal Shelter Supervisor, said litter is greater than three months of age, and the determination of the Animal Shelter Supervisor as to the age shall be conclusive and final.

C.        Such surrender fee shall be waived in the case of a senior citizen who presents a senior citizen identification card at the time of the surrender; however, this waiver does not release said senior citizen from any other parts of Subsection B.

D.        A resident who shall surrender a deceased dog or cat for cremation shall pay to the Shelter Clerk, Animal Control Officer, Animal Shelter Supervisor or Assistant Animal Shelter Supervisor a fee of $40 for a dog or $20 for a cat.

E.         A resident who shall surrender a dog or a cat for euthanasia shall pay to the Shelter Clerk, Animal Control Officer, Animal Shelter Supervisor or Assistant Animal Shelter Supervisor a euthanasia fee of $20 per dog, plus a cremation fee for a dog pursuant to §135-8D, or $10 per cat, plus a cremation fee for a cat pursuant to §135-8D.

 

§135-9. Adoption of dogs animals; fees.

A.        Any person or group wishing to adopt a dog an animal from the Smithtown Animal Shelter and Adoption Center shall pay to the Shelter Clerk, Animal Control Officer, Animal Shelter Supervisor or Assistant Animal Shelter Supervisor personnel of the Department of Public Safety Smithtown Animal Shelter and Adoption Center Division a nonrefundable fee of $5 per the applicable fee schedule, or such other fee as may be established by the Town Board from time to time.

B.        All dogs and cats 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 dog or cat animal, unless:

(1)  There is a veterinarian’s determination that the adopted dog or cat 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 dog or cat 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.

Any person or group which seeks to adopt a puppy or kitten which is not of spay or neuter age must leave on deposit with the Shelter Clerk, Animal Control Officer, Animal Shelter Supervisor or Assistant Animal Shelter Supervisor a spay/neuter fee in the amount of $60 for a kitten, or the applicable weight-based puppy fee for the type and breed of dog. The adopter of a kitten or a puppy must also leave a prepaid rabies vaccine fee of $15 for each adopted kitten and puppy. The prepaid spay/neuter and rabies vaccine fee will be refunded upon submission of proof by the adopter, within 90 days to the Smithtown Animal Shelter, that the kitten or puppy has been spayed or neutered and given a rabies vaccination. Proof of the spay/neuter and rabies vaccination shall consist of a veterinarian’s dated statement, documentation and/or any other documentation deemed acceptable by the Shelter Clerk, Animal Control Officer, Animal Shelter Supervisor or Assistant Animal Shelter Supervisor. If the adopter fails to spay or neuter or rabies vaccinate the kitten or puppy within 90 days of the date of adoption, the adopter shall forfeit the spay/neuter fee and the rabies vaccination fee. In the event that a veterinarian determines that the kitten or puppy should not be spayed or neutered or vaccinated for rabies due to medical reasons, and the veterinarian supplies a written statement to the Smithtown Animal Shelter that the kitten or puppy should not be spayed or neutered or rabies vaccinated due to medical reasons within 90 days of the date of adoption, the Smithtown Animal Shelter will refund the spay/neuter or rabies vaccination fee to the adopter.

(1)  Optional microchip implantation for adopted animals. If the adopter of a dog, cat, puppy or kitten seeks to have a microchip implanted in the dog, cat, kitten or puppy to be adopted, the Smithtown Animal Shelter will perform the implantation of a microchip as an optional service. The cost of this optional service is $25 per adopted animal and shall be paid by the adopter to the Town of Smithtown at the time of the adoption of the animal. Animals that have not achieved age/weight requirements to receive a rabies vaccination by the time of adoption shall be furnished with a voucher to have the animal vaccinated when he/she reaches age/weight requirements.

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.

§135-11. Town and employees not liable.

 

No liability shall be imposed upon any Animal Control Officer, Animal Shelter Supervisor, Assistant Animal Shelter Supervisor 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.


Dated:  January 9, 2018


BY ORDER OF THE TOWN BOARD

OF THE TOWN OF SMITHTOWN

VINCENT PULEO

TOWN CLERK



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