1) Suffolk County Code Sec. 299-51 (1 hr Unclassified Misdemeanor $250/5 days incarceration)
Suffolk County, NY / The Code / Part II: Regulatory Local Laws / Animals and Insects
Article VII
Outdoor Restraint of Pets
[Adopted 8-16-2011 by L.L. No. 41-2011]
§ 299-49
Legislative intent.
§ 299-50
Definitions.
§ 299-51
Prohibitions.
§ 299-52
Exemption.
§ 299-53
Penalties for offenses.
§ 299-54
Effect on other laws or regulations.
§ 299-55
Applicability.
§ 299-49
Legislative intent.
A. This Legislature hereby finds and determines that Suffolk County is a leader in protecting the health and welfare of animals residing in the County. This Legislature also finds and determines that animal owners will sometimes tie their animals to a stationary object out of doors for a short period of time. This Legislature further finds and determines that some owners, however, leave their animals tied to a stationary object outside for long periods of time; in some cases, all day. This Legislature finds that animals left tied to an object outside for prolonged periods may not have sufficient food, water or shelter from inclement weather. This Legislature further finds that tethers, chains and other restraints can also injure animals, as the restraint may tangle or catch on other objects. This Legislature also determines that it is in the best interests of County residents and their pets to limit the amount of time animals spend tied to a stationary object.
B. Therefore, the purpose of this article is to limit the length of time that animals may be restrained outdoors to no more than one hour in any continuous twelve-hour period.
§ 299-50 Definitions.
As used in this article, the following terms shall have the meanings indicated:
PERSON
Any individual, firm, partnership, corporation, company, society, association, or any organized group of persons, whether incorporated or not.
§ 299-51 Prohibitions.
[Amended 5-13-2014 by L.L. No. 15-2014; 3-28-2017 by L.L. No. 7-2017]
A. It shall be unlawful for any person to tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors or cause such dog to be restrained in a manner that:
(1) Endangers such dog's health, safety or well-being;
(2) Restricts such dog's access to suitable and sufficient food, fresh, potable water and dry ground;
(3) Does not provide such dog with shelter appropriate to its breed, physical condition, and the climate as defined by § 353-b of the New York State Agriculture and Markets Law; or
(4) Unreasonably limits the movement of such dog because it is too short for the dog to move around or for the dog to urinate or defecate in a separate area from the area where it must eat, drink or lie down.
B. Notwithstanding the provisions of Subsection A of this section, no person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any object with a device that:
(1) Is a choke collar, pinch collar, or prong collar, or a similar collar that restrains the dog in such a manner that it impairs the flow of oxygen or blood to the dog, which may cause choking or causes substantial discomfort to the dog;
(2) Is embedded, partially embedded or may become embedded in such dog's skin;
(3) Has weights attached or contains links that are more than 1/4 inch thick;
(4) Weighs more than 12.5% of the dog's total body weight, not to exceed 15 pounds for any dog;
(5) Is less than 15 feet in length;
(6) Because of its design or placement is likely to become entangled;
(7) Is long enough to allow such dog to move outside of its owner's property;
(8) Would allow the restrained dog to move over an object, including any fencing, barrier, or edge that could result in the strangulation of or injury to such dog; or
(9) Is fixed (i.e., does not swivel) on either end.
C. No person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors for more than one continuous hour in any continuous twelve-hour period between the of 6:00 a.m. and 11:00 p.m.
D. No person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors between the of 11:00 p.m. and 6:00 a.m.
E. No person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors if the dog is:
(1) Less than six months of age;
(2) Sick or injured; or
(3) A nursing mother whose offspring is present.
F. Multiple dogs shall not be tethered or restrained in such a manner that they are able to come into contact with one another at any point in time while restrained.
G. No person shall tether, leash, fasten, secure, restrain, chain, tie, pen or otherwise confine outdoors a dog when:
(1) The temperature is below 32° F.;
(2) The temperature is above 90° F.;
(3) The National Weather Service has issued a heat or wind chill advisory, watch or warning; or
(4) Conditions are not appropriate due to the breed, physical condition and climate, as established pursuant to New York State Agricultural and Markets Law § 353-b.
§ 299-52 Exemption.
This article shall not apply to any federal, state or local law enforcement agency.
§ 299-53
Penalties for offenses.
[Amended 3-28-2017 by L.L. No. 7-2017]
A. Violation of this article shall constitute an unclassified misdemeanor, subject to a fine of $250 and/or imprisonment up to five days for a first offense, a fine of $500 and/or imprisonment up to 15 days for a second offense, and a fine of $1,000 and/or imprisonment up to 30 days for all subsequent offenses.
B. Individuals found guilty of a third or subsequent offense may be subject to a forfeiture of the animal, at the discretion of the court which so adjudicates their guilt.
§ 299-54
Effect on other laws or regulations.
[Amended 7-17-2018 by L.L. No. 21-2018]
This article will have no effect in any town or village located within the County of Suffolk which has enacted an ordinance, resolution or law regulating the restraint of dogs within its jurisdiction, unless the town or village ordinance, resolution or law expressly provides and allows for the enforcement of this article within the town or village boundaries.
§ 299-55
Applicability.
This article shall apply to all actions occurring on or after the effective date of this article.
2) Riverhead Town Code: (2 hrs - violation up to $500)
Town of Riverhead, NY / Part II: General Legislation / Animals
Article III
Outdoor Restraint of Pets
§ 207-24 Prohibited acts.
§ 207-23 Definitions.
§ 207-24 Prohibited acts.
§ 207-25 Penalties for offenses.
§ 207-23 Definitions.
As used in this article, the following terms shall have the meanings indicated:
PERSON
Any individual, firm, partnership, corporation, company, society, association, or any organized group of persons, whether incorporated or not.
§ 207-24 Prohibited acts.
A. It shall be unlawful for any person to tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors or cause such dog to be restrained in a manner that:
(1) Endangers such dog's health, safety or well-being;
(2) Restricts such dog's access to suitable and sufficient food and water;
(3) Does not provide such dog with shelter appropriate to its breed, physical condition, and the climate as defined by § 353-b of the New York State Agriculture and Markets Law; or
(4) Unreasonably limits the movement of such dog because it is too short for the dog to move around or for the dog to urinate or defecate in a separate area from the area where it must eat, drink or lie down.
B. Notwithstanding the provisions of Subsection A of this section, no person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object for any amount of time with a device that:
(1) Is a choke collar or pinch collar, or a similar collar that restrains the dog in such a manner that it impairs the flow of oxygen or blood to the dog which may cause choking, or causes substantial discomfort to the dog;
(2) Is embedded, partially embedded or may become embedded in such dog's skin;
(3) Has weights attached or contains links that are more than 1/4 inch thick;
(4) Weighs more than 25% of the dog's total body weight, not to exceed 25 pounds for any dog;
(5) Is less than 10 feet in length;
(6) Because of its design or placement is likely to become entangled;
(7) Is long enough to allow such dog to move outside of its owner's property; or
(8) Would allow the restrained dog to move over an object or edge that could result in the strangulation of or injury to such dog.
C. No person shall tether, leash, fasten, secure, restrain, chain, or tie a dog to any stationary object outdoors for more than two in any twelve-hour period.
§ 207-25 Penalties for offenses.
Violation of this article shall constitute a violation, subject to a fine of up to $500.
3) Huntington: (30 mins unattended in inclement weather (rebuttable presumption above 95 degrees below 32 degrees - violation $100/$500 - tethering exception 1 hr allowed outside commercial/private establishment not one’s residence)
§ 78-17
Unattended animals and tethering of animals.
[Added 8-12-2016 by L.L. No. 36-2016]
(A) It shall be a violation of this section for any person to place or confine an animal or permit such animal to be placed or confined or remain in an unattended vehicle without sufficient ventilation or under other conditions or for such a period of time as may endanger the health or well-being of such animal due to heat, lack of water or such other circumstances as reasonably may be expected to cause suffering, disability or death.
(B) Nothing in this chapter shall be construed so as to prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purpose.
(C) Any police officer, peace officer, public safety officer of the Department of Public Safety of the Town of Huntington or animal control officer of the Town of Huntington who finds an animal in a vehicle in violation of Subsection A hereof may enter said vehicle, without civil or criminal liability, to remove the animal. The person removing the animal shall take such animal or cause said animal to be delivered to an animal shelter or other place of safekeeping in the Town of Huntington. This section can be enforced by the American Society for the Prevention of Cruelty to Animals, the Suffolk County Society for the Prevention of Cruelty to Animals or any other law enforcement or peace officer.
(D) In the event that the owner or custodian of said animal cannot otherwise be located, the person shall leave in a prominent place on or in the vehicle a written notice bearing his or her name and department and the address where the animal may be claimed by the owner or custodian thereof. The animal shelter having custody of the animal shall make reasonable efforts to contact the owner and give notice that the animal is in its custody. The animal shall be surrendered to the owner if the owner claims the animal within 10 days from the time the animal was removed from the vehicle and pays all reasonable charges which have accrued for the maintenance of such animal. If the owner does not claim the animal within the specified time, the animal shelter may place the animal for adoption in accordance with the provisions of this chapter and the Agricultural and Markets Law of the State of New York.
(E) It shall be a violation of this section for any person to leave a dog unattended outdoors for over thirty minutes in inclement weather or under other conditions or for such a period of time as may endanger the health or well-being of such dog due to heat, lack of water or such other circumstances, such as weather advisory by any federal, state, county or town government or as reasonably may be expected to cause suffering, disability or death. It shall be a rebuttable presumption that any temperature below thirty two (32) degrees Fahrenheit or above ninety five (95) degrees Fahrenheit constitutes inclement weather.
(F) It shall be a violation of this section for any person to tether, leash, fasten, secure, restrain, chain or tie an unattended dog to any stationary object outdoors or cause such dog to be restrained in a manner that:
[Added 11-19-2019 by L.L. No. 58-2019]
(1) Endangers such dog's health, safety or well-being;
(2) Restricts such dog's access to suitable food, fresh, potable water and dry ground;
(3) Does not provide such dog with shelter appropriate to its breed, physical condition, and the climate as defined by § 353-b of the New York State Agriculture and Market Law; or
(4) Unreasonably limits the movement of such dog because the restraint is too short for the dog to move around or for the dog to urinate or defecate in an area separate from the area where the dog must eat, drink or lie down.
(5) Exception. The temporary tethering, leashing, fastening, securing, restraining, chaining or tying of an unattended dog to a stationary object outside of a commercial or private establishment other than one's own residence, is exempt from the provisions set forth in subsection (F), provided the unattended temporary tethering, leashing, fastening, securing, restraining, chaining or tying does not exceed one hour, and as long as it is done in a manner that does not endanger such dog's health, safety and well being or those of the general public.
(G) Notwithstanding the provisions of subsection (F), no person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any object with a device that:
[Added 11-19-2019 by L.L. No. 58-2019]
(1) Is a choke collar, pinch collar, prong collar or a similar collar that restrains the dog in such a manner that it impairs the flow of oxygen or blood to the dog and which may cause choking or cause substantial discomfort to the dog;
(2) Is embedded, partially embedded or may become embedded in the dog's skin;
(3) Has weights attached or contains links that are more than 1/4 inch thick;
(4) Weighs more than 12.5% of the dog's total body weight, not to exceed fifteen (15) pounds for any dog;
(5) Is less than fifteen (15) feet in length, except that the device may be in a shorter length if the length of fifteen (15) may allow activity prohibited in Section 78-17 (G)(7) below;
(6) Because of its design or placement is likely to become entangled;
(7) Is long enough to allow such dog to move outside of its owner's property;
(8) Would allow the restrained dog to move over an object, including any fencing, barrier, or edge that could result in the strangulation of or injury to such dog; or
(9) Is fixed (i.e., does not swivel) on either end.
(H) No person shall tether, leash, fasten, secure, restrain, chain or tie an unattended dog to any stationary object outdoors for more than one continuous hour in any continuous twelve-hour period between the of 6:00 a.m. and 11:00 p.m.
[Added 11-19-2019 by L.L. No. 58-2019]
(I) No person shall tether, leash, fasten, secure, restrain, chain or tie an unattended dog to any stationary object outdoors between the of 11:00 p.m. and 6:00 a.m.
[Added 11-19-2019 by L.L. No. 58-2019]
(J) Multiple dogs shall not be tethered, leashed, fastened, restrained, chained or tied in such a manner that they are able to come into contact with one another at any point in time while restrained.
[Added 11-19-2019 by L.L. No. 58-2019]
(K) No person shall tether, leash, fasten, secure, restrain, chain or tie an unattended dog to any stationary object outdoors if the dog is:
[Added 11-19-2019 by L.L. No. 58-2019]
(1) Less than six months of age;
(2) Sick or injured; or
(3) A nursing mother whose offspring is present.
(L) Notwithstanding the provisions of this section, no person shall allow a tethered, leashed, fastened, chained, tied, secured or restrained dog to be taunted, prod, hit, harassed, threatened, attacked or otherwise harmed by humans or other animals.
[Added 11-19-2019 by L.L. No. 58-2019]
(M) Upon a finding of any violation(s) of this section, any dog seized pursuant to the provisions of this Chapter or any other state or federal law, shall be returned to the owner or custodian only upon proof that the violation(s) have been cured.
[Added 11-19-2019 by L.L. No. 58-2019]
(N) The provisions of this section shall not be construed to prohibit the Town of Huntington, the American Society for the Prevention of Cruelty to Animals, the Suffolk County Society for the Prevention of Cruelty to Animals or any other law enforcement officer or peace officer from enforcing any other law, rule or regulation regarding the humane treatment of animals.
[Added 11-19-2019 by L.L. No. 58-2019]
(O) Nothing in this section shall be construed to affect any other protections afforded to animals under any provision of law, including but not limited to, the requirement of adequate shelter pursuant to § 353-b of the New York State Agriculture and Markets Law.
[Added 11-19-2019 by L.L. No. 58-2019]
(P) The provisions of this section shall not apply to law enforcement work dogs, utilized by federal, state or local law enforcement agencies while under the control of law enforcement for law enforcement purposes.
[Added 11-19-2019 by L.L. No. 58-2019]
§ 78-18 Penalties for Violations.
[Amended 8-12-2016 by L.L. No. 36-2016; 11-6-2019 by L.L. No. 56-2019]
(A) Except as otherwise provided in this article, any person found guilty of an offense against any provision of this article shall be subject to a fine of not less than one hundred ($100.) dollars nor more than five hundred ($500.) dollars for the first offense, not less than two hundred and fifty ($250.) dollars nor more than one thousand ($1,000.) dollars for the second offense committed within five (5) years of the first offense, and not less than seven hundred and fifty ($750.) dollars nor more than two thousand five hundred ($2,500.) dollars for the third or subsequent offense committed within five (5) years of the first offense.
[Amended 9-14-2021 by L.L. No. 50-2021]
(B) Any person or owner found guilty of an offense against § 78-3, § 78-5, and/or § 78-17 herein shall be subject to a fine of not less than five hundred ($500.) dollars nor more than five thousand ($5,000.) dollars for a conviction of a first offense; and upon conviction of a second offense committed within a period of five (5) years of the first offense, shall be subject to a fine of not less than one thousand ($1,000.) dollars nor more than ten thousand ($10,000.) dollars; and upon conviction of a third or subsequent offense committed within a period of five (5) years of the first offense shall be guilty of a misdemeanor punishable by a fine of not less than one thousand five-hundred dollars ($1,500.) nor more than fifteen thousand ($15,000.) dollars or imprisonment not to exceed six (6) months, or both.
(C) Any person found guilty of an offense against the provisions of § 78-9 shall be subject to a fine of not less than one hundred ($100.) dollars nor more than two hundred fifty ($250.) dollars. In the event the subject dog is reported to have bitten a person or another domestic warm-blooded animal, said person shall be subject to an additional fine of not more than five hundred ($500.) dollars.
(D) Any person found guilty of an offense against the provisions of § 78-7 shall be subject to a fine of not less than two hundred fifty ($250.) dollars nor more than five hundred ($500.) dollars or by imprisonment for a period not exceeding fifteen (15) days for each such infraction, or by both such fine and imprisonment.
(E) Any person found by the Bureau of Administrative Adjudication to have violated this article shall likewise be subject to a monetary penalty in an amount within the range of fines authorized in subdivisions A, B, C and D for the respective violations referenced therein for a first offense and subsequent offenses.
(F) In addition to the criminal and civil penalties set forth herein or in other applicable law, rule or regulation, the Town Attorney is authorized to pursue civil and equitable relief in the name of the Town in a court of competent jurisdiction, including but not limited to compensatory actions; civil penalties in the amount of up to five hundred ($500.) dollars per day, or part thereof; an action to compel compliance with or to restrain by injunction the violation of this article; and other remedies which in the opinion of the Town Attorney may seem necessary and proper. Any civil monetary penalty awarded may be added to the tax bill of the property where the violation has occurred and shall be collected in the same manner.
4) Islip:
§ 12-9 Restraining dogs outdoors.
[Added 4-15-2011 by L.L. No. 4-2011[1]]
A. It shall be unlawful and a violation of this chapter for any person to tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors, or cause such dog to be restrained, in a manner that:
(1) Endangers such dog's health, safety or well-being;
(2) Restricts such dog's access to suitable and sufficient food and water;
(3) Does not provide such dog with shelter appropriate to its breed, physical condition, and the climate as defined by § 353-b of the New York State Agriculture and Markets Law; or
(4) Unreasonably limits the movement of such dog because it is too short for the dog to move around or for the dog to urinate or defecate in a separate area from the area where it must eat, drink, or lie down.
B. Notwithstanding the provisions of Subsection A of this section, no person shall tether, leash, fasten, secure, restrain, chain or tie a dog for any amount of time with a device that:
(1) Is a choke collar or pinch collar, or otherwise causes such dog to choke;
(2) Has weights attached or contains links that are more than one-quarter-inch thick;
(3) Because of its design or placement, is likely to become entangled;
(4) Is long enough to allow such dog to move outside of its owner's property; or
(5) Would allow the restrained dog to move over an object or edge that could result in the strangulation of or injury to such dog.
C. The provisions of this section shall not be construed to prohibit the Town of Islip, any accredited Society for the Prevention of Cruelty to Animals or any law enforcement agency from enforcing any other law, rule or regulation regarding the humane treatment of animals.
D. This section shall take effect upon filing with the Secretary of State.
[1] Editor’s Note: Former § 12-9, Rabies vaccination required, added 4-5-1994, was repealed 11-30-2010 by L.L. No. 12-2010. See now § 12-6.