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HomeMy WebLinkAboutTOR RES 31 LL Dogs Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer January 5, 2011 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which were adopted by the Riverhead Town Board at a Regular Town Board meeting on January 4, 20tt Res. #31 -ADOPTS A LOCAL LAW TO AMENDING CHAPTER 58 ENTITLED "DOGS" OF THE RIVERHEAD TOWN CODE Sincerely, Diane M. Wilhelm Town Clerk 200 Howell Avenue ~ Riverhead, New York 1 t901~ (631)727-3200 Ext. 260 ~ Fax (631)208-4034 Office of the Town Clerk Diane M. [Yilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer January 5, 2011 We would appreciate your signing this letter acknowledging receipt of this Resolution and rettLming it to the Office of the Riverhead Town Clerk. (Resolution# 31 from Town Board Meeting 1.4.11) Sincerely, Diane M. Wilhelm Town Clerk Signature: date: DW:cd 200 Howell Avenue ~ Riverhead, New York t 1901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034 Local Law Filing New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.state, ny.us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. i--lCounty i--lCity (Select one:) of Riverhead C~]Town i--]Village Local Law No. 01 of the year 2011 A local law AMENDING CHAPTER 58 ENTITLED "DOGS" OF THE RIVERHEAD TOWN CODE (insert Title) Be it enacted by the Town Board (Name of Legl~la#ve Body) of the I-ICounty I--lCity (~qelect one;) of Riverhead C~]Town i--IVillage as follows: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-0239-f-I (Rev. 02/10) Page 2 of 4 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 01 the ~Y,~WJ,v/~)(Town)()~'fl~ of Riverhead Town Board on January 4 2011 (Name of Legislative Body) provisions of law. of 2011 of was duly passed by the , in accordance with the applicable 2. (Passage by local legislative body with approval, no disj3pproval or repassage after disapproval by the Elective Chief Executive Officer*.) ~ I hereby certify that the local law annexed hereto, desi~ed as local law No. of 20 of the (County)(City)(Town)(Village) of / was duly passed by the J on 20 , and was (approved)(not approved) (Name of Legislative Body) ~ (repassed after disapproval) by the /~ ~Elective Chief Executive and was deemed duly adopted Officer*) on 20[--"1" I, in accordance with the applicable provisions of law. 3. (Final adoption b~ referendum.) I hereby certify that the local law annexed h~to, designated as the (County)(City)(Town)(Village) of on local law No. 20 of 20 of was duly passed by the , and was (approved)(not approved) (Name of Legislative Body) ~ -- (repassed after disapprova~)~by the _ __ on 20 . / (Elective Chief Executive Officer*) Such local law/was sdbmitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a maj~the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in'accordance with the applicable provisions of law. , 4, (Subject to permissive referendum an/a~/inal adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexe,~iereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of /' was duly passed by the on 20 , and was (approved)(not approved) 20 . Such local was filed as of (Name of Legislative Body) J (repassed after disapprovalS'by the on ~ (Elective Chief Executive Officer*) law was subject to p/er~issive referendum and no valid petition requesting such referendum 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-0239-f-I (Rev. 02/10) Page 3 of 4 5. (City I~)cal law concerning Charter revision proposed by p, et~on.) I hereby certify that the local law annexed hereto, designated a.~cal law No of 20 of the City of __ ~ having been submitte~o referendum pursuant to the provisions of section (~6)(37) of the Municipal Home Rule Law, and having received the a~mafive vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on / 20 , became operative. 6 C ti II · ( oun y oca aw concerning adoption 6f Chart~,'.') I hereby certify that the local law annexed hereto, de~,~i~nated as local law No. of 20 of the County of ~tate of N_~ York, having been submitted to the electors at the General Election of November __ 20~, pursuant t~ubdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of~e qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said/~, considered as a unit voting at said general election, became operative. (if any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the odginal on file Jn this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted Jn the. manner indicated in paragraph,1 above. Clerk of the county legislative bod~,, C~y, Town or Village Clerk or officer designated by local legislative body (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Suffolk I, the undersigned, hereby certify that the foregoing local law contains th~.e.-c, or~ect text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto/" / Signature Town Attorney Title · i~ of F[iverhead Town Date: Januaryz-~ , 2011 DOS-0239-f-I (Rev. 02/10) Page 4 of 4 Town of Riverhead Local Law # 1-20].1 CHAPTER 58 DOGS ARTICLE I General Regulations § 58-2. License, collar and tag requirements. A. License required. (1) Any person owning, possessing or harboring a dog four (4) months of age or over in the Town of Riverhead shall obtain a license from the Town Clerk for said dog and shall place and keep on such dog a collar to which shall be securely attached a valid identification and dog license tag for that dog, in accordance with the requirements of this chapter. (2) At the time of licensing or license renewal, a current, valid certificate, indicating that the dog has been vaccinated to prevent the spread of rabies as required herein below, must be provided to the Town Clerk's office. (3) Any person owning, possessing or harboring a dog four (4) months of age or over in the Town of Riverhead shall be required to have the dog vaccinated to prevent the spread of rabies. (4) Subsection A(I) to A(3), inclusive, shall not apply to dogs brought into the Town for a period not to exceed fifteen (15) calendar days; dogs confined to the premises of an incorporated society devoted to the care of lost, stray or homeless animals; dogs confined to the premises of public or private hospitals devoted to the treatment of sick animals; dogs confined to the premises of educational or research institutions for the purpose of research; or dogs confined to the premises of a person licensed as a Class A dealer under the Federal Laboratory Animal Welfare Act engaged in the business of breeding or raising dogs for profit. (5) Subsection A(2) and A(3) shall not apply to any dog whose health would be adversely affected by a rabies vaccination, provided that a written statement, certified by a duly licensed veterinarian, specifying such condition is presented to the Town animal shelter supervisor or the Town Clerk and filed with the Town Clerk's office. (6) Any person owning, possessing or harboring a dog that willfully fails or refuses to submit said dog for vaccination within ten (10) days after a request by an Animal Control Officer, peace officer, police officer or health officer shall be subject to the penalties provided in section 58-7. B. Exemptions. (1) No license is required for any dog under the age of four (4) months and which is not at-large, or residing in a pound or shelter maintained by or under contract by the Town of Riverhead 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) No license is required for a "service dog", "therapy dog", "working seamh dog", or "detection dog" as those terms are defined in Article 7 of the Agriculture and Markets Law, or successor law. The person owning, possessing or harboring such a dog bears the burden of demonstrating by clear and convincing evidence and to the satisfaction of the Town Clerk that the dog is a "service dog", or "therapy dog", or "working search dog" or "detection dog" and exempt from licensing. (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 reseamh by any college or other educational or reseamh institution. §58-3. Application for a license. · A. Applications for a one (1) year license or a renewal thereof shall be accompanied by a non-refundable processing fee of nine dollars ($9.00) for an altered dog and fifteen dollars ($15.00) for an unaltered dog. Applications for a three (3) year license or renewal thereof shall be accompanied by a non-refundable processing fee of twenty-seven dollars ($27.00) for an altered dog and forty-five dollars ($45.00) for an unaltered dog. In the case of an altered dog a portion of the fee in the amount of one dollar ($1.00) and in the case of an unaltered dog a portion of the fee in the amount of three dollars ($3.00) shall be paid over to the agency designated pursuant to Article 7 of the Agriculture and Markets Law to be used for animal population control efforts. An application for a license or renewal shall be in the form prescribed by the Riverhead Town Clerk and shall provide for the following minimum information: (1) The name, residence address and telephone number of each owner: and (2) The name, sex, approximate age, breed, color, markings and other identifying details of the dog: and (3) State whether the dog has been spayed or neutered: and (4) Such other information or documentation deemed necessary by the Town Clerk to effectuate the purpose of this chapter. B. 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 received the rabies vaccine: 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. C. 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 an altered dog. D. No individual under the age of eighteen (18) years shall be deemed an owner of record and be issued a dog license. § 58-4. Issuance of license: identification tag. A. Upon validation by the Town Clerk or authorized dog 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. B. 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. C. 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. In addition, all identification tags shall name the Town of Riverhead, 200 Howell Avenue, Riverhead, New York State, 11901, and name the Town of Riverhead's main telephone number. (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 the sum of three ($3.00) dollars to the Town Clerk for a replacement tag. § 58-5. Term of license and renewals. All licenses are valid for a period of either one (1) year or three (3) years as issued pursuant to this chapter, and any renewal thereof, and 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 eleventh 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, that the dog's health would be adversely affected by the rabies vaccination, then the license or renewal shall be issued for one (1) year from the date of the statement. § 58-6. Change of ownership; lost or stolen dog; death. A. 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, w i t h i n ten (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. B. Lost or stolen dog. If any dog which has been licensed is lost or stolen, the owner of record shall, within ten (1 0) 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. C. 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. $58-7. Penalties for offenses. Any person or owner who shall violate sections 58-2 to 58-6, inclusive, in this chapter, shall be guilty of a violation and shall be held liable on conviction thereof to a fine or penalty of not more than one hundred ($100.00) dollars for a conviction of a first offense; upon conviction of a second violation where the offense is committed within a period of six (6) years of the first offense, a fine of not more than two hundred fifty ($250.00) dollars; and upon conviction of a third or subsequent violation where the offense is committed within a period of six (6) years of the first and second offense a fine of not more than one-thousand dollars ($1,000.00) or imprisonment not to exceed fifteen (15) days, or both. New York State Town Law section 288, is superceded for the protection and enhancement of the Town's physical and visual environment and for the protection, order, conduct, safety, health and well-being of persons or property therein, pursuant to the Town's powers pursuant to section 10, subdivision 1(ii)a(3)(11) and (12), of the Municipal Home Rule Law, as well as Article 9, section 2(b)(3), and Article 9, section 3(c)(10), of the New York State Constitution. § 58-8. Restraining the running of dogs or domestic/farm animals at large. § 58-9. Seizure and impounding of dogs or domestic/farm animals not under reasonable control. § 58-9.1. Invesfiga§on of unsanitary conditions, disturbances and vicious dogs. § 58-t0. Redemption of impounded dogs. A. Unidentified dogs. Each dog which is not identified, whether or not licensed, shall be held for a period of 7days from the date seized. (1) During the first seven days the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 of the New York State Agriculture and Markets Law, as well as the following impoundment fees: (a) Twenty dollars for the first impoundment of any dog owned by that person. (b) Forty dollars for the first 24 hours or part thereof and $5 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) Sixty dollars for the first 24 hours or part thereof and $5 for each additional 24 hours or part thereof for the third and subsequent impoundments within one year of the first impoundment of a dog owned by that person. § 58-10.1. Voluntary surrender of an identified dog. § 58-11. Confinement of dogs that bite. § 58-12. Poisoning dogs prohibited. § 58-13. Notice to secure dog licenses. § 58-13.1. Confinement of companion animals in vehicles in extreme temperatures. § 58-14. Penalties for offenses. Any person owning or harboring a dog or domestic/farm animal in violation of any of the provisions of this article other than §58-2 to § 58-7 shall be guilty of a violation, punishable by imprisonment for a term not in excess of 15 days and/or by a fine of not less than $50 for the first offense and not less than $100 for each subsequent offense. 01.04.2011 110031 ADOPTED TOWN OF RIVERHEAD Resolution # 31 ADOPTS A LOCAL LAW AMENDING CHAPTER 58 ENTITLED "DOGS" OF THE RIVERHEAD TOWN CODE Councilwoman Gi.qlio offered the following resolution, which was seconded by Councilman Dunleavy WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider a local law amending Chapter 58 entitled "Dogs" of the Riverhead Town Code; and WHEREAS, a public hearing was held on the 21st day of December, 2010 at 7:20 o'clock p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the date, time and place specified in said public notice, and all persons wishing to be heard were heard. NOW THEREFORE BE IT RESOLVED, that a local law amending Chapter 58 entitled "Dogs" of the Riverhead Town Code be and is hereby adopted as specified in the attached notice of adoption; and be it further RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached notice of adoption once in the News Review, the official newspaper, and to post same on the signboard at Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device, and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio I--lYes [~No Gabrielsen I--lYes [~No Wooten [~Yes [--INo Dunleavy ~;~Yes [--INo Walter [~Yes [--INo The Resolution Was [] Was Not[--I Thereupon Duly Declared Adopted Z:McCormickkRE SOLUTIONS\ 1-4-11 Adopt Amendments to Chap.58 Entitled "Dogs" TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE that the Town Board of the Town of Riverhead adopted a local law amending Chapter 58 entitled "Dogs", of the Ri~)erhead Town Code at its regular meeting held on January 4, 2011. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER58 DOGS ARTICLEI GenemlRegulations § 58-2. License, collar and ta.q requirements. A. License required. (1) Any person owning, possessing or harboring a dog four (4) months of a.qe or over in the Town of Riverhead shall obtain a license from the Town Clerk for said dog and shall place and keep on such dog a collar to which shall be securely attached a valid identification and dog license tag for that dog, in accordance with the requirements of this chapter. (2) At the time of licensing or license renewal, a current, valid certificate, indicating that the dog has been vaccinated to prevent the spread of rabies as required herein below, must be provided to the Town Clerk's office. (3) Any person owning, possessing or harboring a dog four (4) months of age or over in the Town of Riverhead shall be required to have the dog vaccinated to prevent the spread of rabies. (4) Subsection A(I) to A(3), inclusive, shall not apply to do.qs brought into the Town for a period not to exceed fifteen (15) calendar days; dogs confined to the premises of an incorporated society devoted to the care of lost, stray or homeless animals; dogs confined to the premises of public or private hospitals devoted to the treatment of sick animals; dogs confined to the premises of educational or research institutions for the purpose of research; or dogs confined to the premises of a person licensed as a Class A dealer under the (5) Federal Laboratory Animal Welfare Act engaged in the business of breeding or raising dogs for profit. Subsection A(2) and A(3) shall not apply to any do.q whose health would be adversely affected by a rabies vaccination, provided that a wriffen statement, certified by a duly licensed veterinarian, specifying such condition is presented Z:McCormick'~ESOLUTIONS\1-4-11 Adopt Amendments to Chap.58 Entitled "Dogs" to the Town animal shelter supervisor or the Town Clerk and filed with the Town Clerk's office. (6) Any person owning, possessing or harboring a do,q that willfully fails or refuses to submit said dog for vaccination within ten (10) days after a request by an Animal Control Officer, peace officer, police officer or health officer shall be subject to the penalties provided in section 58-7. B. Exemptions. (1) No license is required for any dog under the'age of four (4) months and which is not at-large, or residing in a pound or shelter maintained by or under contract by the Town of Riverhead, 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) No license is required for a "service dog", "therapy dog", "working search dog", or "detection dog" as those terms are defined in Article 7 of the Agriculture and Markets Law, or successor law. The person owning, possessing or harboring such a doq bears the burden of demonstrating by clear and convincing evidence and to the satisfaction of the Town Clerk that the dog is a "service dog", or "therapy dog", or "working search doq" or "detection dog" and exempt from licensing. (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. §58-3. Application for a license. A. Applications for a one (1) year license or a renewal thereof shall be accompanied by a non-refundable processing fee of nine dollars ($9.00) for an altered do,q and fifteen dollars ($15.00) for an unaltered dog. Applications for a three (3) year license or renewal thereof shall be accompanied by a non-refundable processing fee of twenty-seven dollars ($27.00) for an altered do.q and forty-five dollars ($45.00) for an unaltered dog. In the case of an altered do.q a portion of the fee in the amount of one dollar ($1.00) and in the case of an unaltered dog a portion of the fee in the amount of three dollars ($3.00) shall be paid over to the agency designated pursuant to Article 7 of the Agriculture and Markets Law to be used for animal population control efforts. An application for a license or renewal shall be in the form prescribed by the Riverhead Town Clerk and shall provide for the following minimum information: (1) The name, residence address and telephone number of each owner: and (2) The name, sex, approximate age, breed, color, markings and other identifying details of the dog: and Z:McCormick~X~ESOLUTIONS\I-4-11 Adopt Amendments to Chap.58 Entitled "Dogs" (3) State whether the doq has been spayed or neutered: and (4) Such other information or documentation deemed necessary by the Town Clerk to effectuate the purpose of this chapter. B. 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 received the rabies vaccine: 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. C. 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 do,q 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 do,q shall be the same as an altered dog. D. No individual under the age of eighteen ('18) years shall be deemed an owner of record and be issued a dog license. § 58-4. Issuance of license: identification tag. A. Upon validation by the Town Clerk or authorized dog 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. 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. C. Identification tag. (1) The Town Clerk shall assign an identification number to a do,q when it is first licensed. Such identification number shall be carried by the do.q on an identification ta.q which shall be affixed to the collar of the doq at all times, except that the tag is not required to be worn while the dog is participating in a dog show. In addition, all identification tags shall name the Town of Riverhead, 200 Howell Avenue, Riverhead, New York State, 11901, and name the Town of Riverhead's main telephone number. (2) No ta.q carrying an identification number shall be affixed to the collar of any dog other than the one to which the number has been assigned. Z:McConnick~R_ESOLUTIONS\I-4-11 Adopt Amendments to Chap.58 Entitled "Dogs" (3) Any person wishing to replace a tag previously issued shall pay the sum of three ($3.00) dollars to the Town Clerk for a replacement tag. 58-5. Term of license and renewals. All licenses are valid for a period of either one (1) year or three (3) years as issued pursuant to this chapter, and any renewal thereof, and 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 eleventh month following the expiration date of the current rabies certificate for the do.q 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, that the dog's health would be adversely affected by the rabies vaccination, then the license or renewal shall be issued for one (1) year from the date of the statement. § 58-6. Change of ownership; lost or stolen doff; death. A. 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, w it h i n ten (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. B. Lost or stolen dog. If any dog which has been licensed is lost or stolen, the owner of record shall, within ten (1 0) days of discovery of such loss or theE, file with the Town Clerk a written notification of such event. In the case of loss or theE, the owner of record shall not be liable for any violation of this chapter committed after such notification has been made. C. Death of dog. In case of the death of a licensed do,q, 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. $58-7. Penalties for offenses. Any person or owner who shall violate sections 58-2 to 58-6, inclusive, in this chapter, shall be guilty of a violation and shall be held liable on conviction thereof to a fine or penalty of not more than one hundred ($100.00) dollars for a conviction of a first offense; upon conviction of a second violation where the offense is committed within a period of six (6) years of the first offense, a fine of not more than tw~o hundred feb/($250.00) dollars; and upon conviction of a third or subsequent violation where the offense is committed within a pedod of six (6) years of the first and second offense a fine of not more than one-thousand dollars ($1,000.00) or imprisonment not to exceed fifteen (15) days, or both. New York State Town Law section 268, is superceded for the protection and enhancement of the . Town's physical and visual environment and for the protection, order, conduct, safety, Z :McCormickkKES OLLrrlON S\ 1-4-11 Adopt Amendments to Chap.58 Entitled "Dogs" health and well-being of persons or property therein, pursuant to the Town's powers pursuant to section 10, subdivision 1(ii)a(3)(11) and (12), of the Municipal Home Rule Law, as well as Article 9, section 2(b)(3), and Article 9, section 3(c)(10), of the New York State Constitution. § 58-2 _8. Restraining the running of dogs or domestic/farm animals at large. § 58-3 9. Seizure and impounding of dogs or domestic/farm animals not under reasonable control. § 58 3.1 9.1. Investigation of unsanitary conditions, disturbances and vicious dogs. § 58-4- 10. Redemption of impounded dogs. A. Unidentified dogs. Each dog which is not identified, whether or not licensed, shall be held for a period of-lg Zdays from the date seized. (1) During the first seven days the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 of the New York State Agriculture and Markets Law, as well as the following impoundment fees: (a) Twenty dollars for the first impoundment of any dog owned by that person. (b) Th!?.! Forty dollars for the first 24 hours or part thereof and $3 5._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) F!,~.! Sixty dollars for the first 24 hours or part thereof and $5 for each additional 24 hours or part thereof for the third and subsequent impoundments within one year of the first impoundment of a dog owned by that person. § $8-4-.-.~ t0.1. Voluntary surrender of an identified dog. § 58-6 11. Confinement of dogs that bite. § 58-6 12. Poisoning dogs prohibited. § 58-~ 13. Notice to secure dog licenses. § 587.! 13.1. Confinement of companion animals in vehicles in extreme temperatures. § 58-8 14. Penalties for offenses. Z:McCormick~Pd~SOLUTIONS\I-4-11 Adopt Amendments to Chap.58 Entitled "Dogs" Any person owning or harboring a dog or domestic/farm animal in violation of any of the provisions of this article other than §58-2 to § 58-7 shall be guilty of a violation, punishable by imprisonment for a term not in excess of 15 days and/or by a fine of not less than $50 for the first offense and not less than $100 for each subsequent offense. · Underline represents addition(s) · Stdkethrough represents deletion(s) Dated: Riverhead, NewYork January 4, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk Z:McCormickW. E S OLLTTIONS\ 1-4-11 Adopt Amendments to Chap.58 Entitled "Dogs"