Question:

I live in the town of Oyster Bay, Nassau Co. L.I. I have a neighbor who has complained about my dog barking. The dog is only outside during daytime hours. What are the laws regarding noise or dog barking during the day?

Answer:

There is a noise ordinance in the Town of Oyster Bay that says that it is a violation to own, possess or harbor any animal which “for a long continuous and frequent duration in excess of 30 minutes, howls, barks, meows, squawks or makes other sounds which create noise disruption across a residential real property boundary or within a noise-sensitive zone.”


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Question:

I got a $375 summon because my dog was barking after my neighboor's rottweiler dog jumped over my fence to my backyard. Under what law/rule can I appeal not guilty and keep my one year old mix shepard?

Answer:

Usually the punishment for dog barking is a fine. These laws typically do not provide for the relinquishment of the dog. Usually, one can plead not guilty and appear at a hearing and present a defense or plead guilty and pay a fine. One can also challenge the legality of a law. I suggest you bring the summons to an attorney in your state who can review the summons and advise you.


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Question:

We purchased a pure bred puppy from a pet store on 4/13/10. The pet store has a 48 hour return policy for a 50% reimbursement. They also have a 14 day limited warranty to replace the puppy with one of similar value should the puppy be diagnosed with certain ailments. Within 48 hours of purchasing the puppy we had to rush him to the animal hospital that the pet store has a contract with. The puppy has the Parvo virus, one of the diseases listed on the 14 day limited warranty, and the puppy's survival is still in doubt. We want to return the puppy if he survives, but do not want a replacement puppy from this pet store. We have made 2 separate attempts to contact the pet store manager to discuss our options, and he has failed to return any of our calls. The cost of the puppy was $1299.00 excluding NY State tax. What are our legal rights to a full refund?

Answer:

New York’s pet sale law provides three remedies for persons who purchase a sick dog or cat from a pet dealer--- return of the animal for a refund, exchange of the animal for an animal of equal value (in both these instances, the consumer is entitled to veterinary costs directly related to the veterinarian’s certification that the animal is unfit for purchase), or reimbursement for veterinary costs to attempt to cure the animal, in an amount not to exceed the purchase price of the animal. These rights are subject to the consumer getting a certification from a veterinarian within 14 business days following the purchase of the dog or cat that the animal was unfit for sale and providing this certification to the pet dealer within 3 business days following receipt by the consumer of the certification. One can also have rights to reimbursement (and not necessarily limited to the amounts specified in the pets sale law) under the Uniform Commercial Code, which pertains to the sale of goods (including animals) by merchants (persons normally engaged in the business) when the goods purchased were unmerchantable (basically unfit for sale). In New York, the Attorney General’s Office takes complaints for alleged violations of the pet sale law (www.ag.ny.gov). Click on consumer frauds. You can also sue in Small Claims Court. Most importantly, I hope the puppy does well.


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Please note that responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and does not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

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