Town of Stillwater, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Stillwater 7-15-2004 by L.L. No. 5-2004. Amendments noted where applicable.]

§ 62-1 Purpose.

The purpose of this chapter is to promote the health, safety and general welfare of the people of the Town of Stillwater, New York, including the protection of the property of the Town and its inhabitants, and the preservation of peace and good order by establishing procedures for licensing of dogs, imposing restrictions upon the keeping and running of dogs, and adopting provisions for the control of certain other animals within the Town.

§ 62-2 Authority; applicability.

A. 
This chapter is adopted pursuant to the general powers granted to the Town of Stillwater by the Constitution and laws of the State of New York, and granted in particular by Articles 7, 25-B and 26 of the Agriculture and Markets Law.
B. 
All persons, companies or corporations who own, harbor or have the custody and control of any animal will comply with Articles 7, 25-B and 26 of the Agriculture and Markets Law, the New York Codes, Rules and Regulations pertaining to said Articles, and this chapter when such animal is within the corporate limits of the Town of Stillwater, New York.

§ 62-3 Repealer.

This chapter hereby repeals Local Law No. 3 of 1979 (Dog Control Law of the Town of Stillwater) and Local Law No. 2 of 2003 (Dog Control Law of the Town of Stillwater).

§ 62-4 Animal Control Officers.

A. 
In addition to any powers conferred by this chapter, Animal Control Officers appointed by the Town Board of the Town of Stillwater shall also have the powers of Dog Control Officers as defined and enumerated in Article 7 of the Agriculture and Markets Law.
B. 
Every Animal Control Officer of the Town of Stillwater shall have the power to issue an appearance ticket pursuant to § 150.20 of the Criminal Procedure Law, to serve a summons and to serve and execute any other order or process in the execution of the provisions of Article 7 of the Agriculture and Markets Law and this chapter. Prosecution pursuant to the Criminal Procedure Law shall be the responsibility of the Town Attorney or attorney hereinafter designated by the Town Board.
C. 
In addition to any powers conferred by this chapter, police officers appointed by the Town Board of the Town of Stillwater shall also have the powers of Dog Control Officers as defined and enumerated in Article 7 of the Agriculture and Markets Law, as well as those powers enumerated in Articles 25-B and 26 of the Agriculture and Markets Law.
D. 
In addition, any Animal Control Officer or any peace officer, when acting pursuant to his special duties, or police officer, who is authorized by the Town of Stillwater to assist in the enforcement of Article 7 of the Agriculture and Markets Law and this chapter may serve any process, including an appearance ticket, a uniform appearance ticket and a uniform appearance ticket and simplified information, related to any proceeding, whether criminal or civil in nature undertaken in accord with the provisions of said Article 7, this chapter, or any ordinance promulgated pursuant to said Article 7.
E. 
Every Animal Control Officer, peace officer, when acting pursuant to his special duties, or police officer shall promptly make and maintain a complete record of any seizure and subsequent disposition of any dog in the Town of Stillwater. Such record shall include, but not be limited to, a description of the dog, the date and hour of seizure, the official identification number of such dog, if any, the location where seized, the reason for seizure, and the owner's name and address, if known.
F. 
Every Animal Control Officer appointed by the Town of Stillwater shall file and maintain, in the manner prescribed by the Commissioner, such records as may be required by this chapter or rules and regulations promulgated pursuant thereto, and shall make such reports to the Commissioner as may be required thereby.

§ 62-5 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AT LARGE
Any animal that is off the premises of the owner or off the premises of the custodian of the animal or not under the immediate control of the owner or custodian. As used in this section, the term "control" shall mean that the dog shall be held on a leash of sufficient strength not exceeding 10 feet in length. No animal shall be deemed to be at large if it is:
A. 
A guide dog actually leading a blind person;
B. 
A police work dog in use for police work;
C. 
A dog accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land; or
D. 
A dog accompanied by its owner or other responsible person, or left alone with a flock/herd of animals, when actively engaged in agricultural operations such as herding or predator control.
COMMISSIONER
The State Commissioner of Agriculture and Markets.
CUSTODIAN
One that has an animal in his or her custody.
DOG
Any member of the species canis familiaris.
DOMESTIC ANIMAL
Any domesticated sheep, horse, cattle, llama, alpaca, goat, swine, fowl, duck, goose, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the State Department of Environmental Conservation before release from captivity, except that the varieties of fowl commonly used for cockfights shall not be considered domestic animals for the purposes of this chapter.
GUIDE DOG
Any dog that is trained to aid the blind and is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the state during the period such dog is being trained or bred for such purpose.
HARBOR
To provide food or shelter to any animal.
HOUSEHOLD PET
Any dog, cat or other domesticated animal normally maintained in or near the household of the owner or person who cares for such domesticated animal. A "household pet" shall not be considered a "domestic animal" as defined in this section.
IDENTIFICATION TAG
A tag which sets forth an official identification number as required by the provisions of this chapter.
IDENTIFIED DOG
Any dog carrying an identification tag as provided in this chapter.
[Amended 12-16-2010 by L.L. No. 1-2011]
OWNER
Any person who harbors or keeps any animal, except that, if the owner is a person under 18 years of age, then the owner shall be deemed to be the parent or guardian of such person.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant to either this chapter or the Agriculture and Markets Law in effect at time of licensure, except that, if any license is issued on application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed or if the owner of record has filed a statement pursuant to the provisions of § 112 of Article 7 of the Agriculture and Markets Law, the owner shall be deemed to be the owner of record of such dog, except that, if the owner is under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person.
[Amended 12-16-2010 by L.L. No. 1-2011]
PERSON
Any individual, corporation, partnership, association or other organized group of persons, municipality or other legal entity.
POLICE WORK DOG
Any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.
WAR DOG
Any dog which has been honorably discharged from the United States Armed Services.

§ 62-6 Licensing of dogs; rabies.

A. 
Licensing of dogs.
(1) 
The owner of any dog then four months of age or older shall make application for a dog license. No license shall be required for any dog which is under the age of four months and which is not at large. A license shall be renewed after a period of one year beginning with the first day of the month following the date of issuance and shall be renewable annually thereafter prior to the expiration date.
(2) 
Application for a dog license shall be made to the Clerk of the Town of Stillwater. The Town Board of the Town of Stillwater may, by resolution, authorize that such application be made to one or more named Dog Control Officers of the Town of Stillwater. The issuance of any license by any such Officer shall be under the control and supervision of the Town Clerk. In the case of a seized dog being redeemed or a dog being otherwise obtained from a county animal shelter or pound, such application may be made to the County Dog Control Officer in charge of such facility, provided that such Officer has been authorized by resolution of the Town Board of the Town of Stillwater to accept such applications.
[Amended 12-16-2010 by L.L. No. 1-2011]
(3) 
The application shall state the sex, actual or approximate age, breed, color and official identification number of the dog and other identification marks, if any, and the name, address, telephone number, county and town, city or village of residence of the owner.
(4) 
The application shall be accompanied by the license application fee, any applicable license surcharges and such additional fees as required by Subsection D of this section, and a certification of rabies vaccination or statement in lieu thereof, as required by Subsection C of this section. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian showing that the dog has been spayed or neutered, provided that such certificate shall not be required if the same is already on file with the Clerk or authorized Dog Control Officer.
[Amended 12-16-2010 by L.L. No. 1-2011]
(5) 
Upon validation by the Clerk or authorized Dog Control Officer, the application shall become a license for the dog described therein. Once an application has been validated, no refund therefor shall be made.
(6) 
The Clerk or authorized Dog Control Officer shall:
[Amended 12-16-2010 by L.L. No. 1-2011]
(a) 
Provide a copy of the license to the owner.
(b) 
Retain a copy of the license to be submitted to the Department of Agriculture and Markets upon request by that Department.
(7) 
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog.
B. 
(Repealed)[1]
[1]
Editor's Note: Former Subsection B, Purebred dog license, was repealed 12-16-2010 by L.L. No. 1-2011.
C. 
Rabies.
(1) 
Vaccinations. The Clerk or authorized Dog Control Officer, at the time of issuing any license pursuant to this chapter, shall require the application to present a statement certified by a licensed veterinarian, showing that the dog has been vaccinated to prevent rabies or, in lieu thereof, a statement certified by a licensed veterinarian, stating that, because of old age or other reason, the life of the dog or dogs would be endangered by the administration of vaccine. The Clerk or authorized Dog Control Officer shall make or cause to be made from such statement a record of such information and shall file such record with a copy of the license. Such records shall be made available to the Commissioner of Agriculture and Markets upon request for rabies and other animal disease control efforts.
[Amended 3-20-2006 by L.L. No. 2-2006; 12-16-2010 by L.L. No. 1-2011]
(2) 
Report of rabies. Every dog having rabies or suspected of being infected with rabies shall be reported immediately to the Department of Public Safety or Health Officer, and the owner shall promptly comply with any and all directions the Health Officer and/or the Animal Control Officer shall give with reference to the observation of such animal or the continued confinement, immunization or other disposition to be made of such animal under the provisions of Section 2.14 of Part 2 of the State Sanitary Code, or otherwise.
(3) 
Report of bites. Every owner of a dog shall immediately report to the Department of Public Safety, Health Officer or Animal Control Officer every case where a person has been bitten by a dog.
(4) 
Failure to confine. Every owner failing to confine a dog after being directed to do so by the Health Officer and/or Animal Control Officer shall be guilty of violating the provisions of this chapter.
D. 
Dog license fees.
(1) 
The fee for each dog license issued by the Town of Stillwater shall be:
[Amended 5-15-2008 by L.L. No. 1-2008; 12-16-2010 by L.L. No. 1-2011]
(a) 
$5 for each spayed or neutered dog.
(b) 
$10 for each unspayed or unneutered dog.
(c) 
For dog owners 65 years of age and older, $2.50 for each spayed or neutered dog; and $7.50 for each unspayed or unneutered dog.
(2) 
(Repealed)[2]
[2]
Editor's Note: Former Subsection D(2), pertaining to fees for purebred dog licenses, as amended 5-15-2008 by L.L. No. 1-2008, was repealed 12-16-2010 by L.L. No. 1-2011.
(3) 
There shall be no fee for any license issued for any guide dog, war dog or police work dog. Each copy of any license for such dogs shall be conspicuously marked "guide dog," "war dog" or "police work dog," as may be appropriate, by the Clerk or authorized Dog Control Officer.
(4) 
There shall be a $20 fee for the adoption of any dog seized under any portion of this chapter or the Agriculture and Markets Law.
(5) 
Late penalty for dog licenses. Any person, company or corporation who fails to license his or her dog in accordance with this chapter shall be assessed a civil penalty of $10 per month for each dog, in addition to the required license fees.
(6) 
In addition to the license fee established by this chapter, pursuant to Agriculture and Markets Law § 110, Subdivision 3, each applicant for a dog license shall pay the following surcharges, which shall be submitted to the Department of Agriculture and Markets for the Animal Population Control Fund:
[Added 12-16-2010 by L.L. No. 1-2011]
(a) 
$1 if the dog to be licensed is spayed or neutered.
(b) 
$3 if the dog sought to be licensed is unspayed or unneutered.
E. 
Identification of dogs.
(1) 
Each dog licensed by the Town of Stillwater shall be assigned, at the time the dog is first licensed, a permanent official identification number. Such identification number shall be carried by the dog on an identification tag, which shall be affixed to a collar on the dog at all times during which the dog is not on the premises of the owner.
(2) 
The official identification number shall constitute the official identification of the dog to which it is assigned, regardless of changes of ownership, and the number shall not be reassigned to any other dog during the lifetime of the dog to which it is assigned.
(3) 
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no charge. Any replacement tag shall be obtained by the owner, at his expense, by application to the Town Clerk and the payment of a three-dollar tag replacement fee.
[Amended 12-16-2010 by L.L. No. 1-2011]
(4) 
No tag carrying an official identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.
(5) 
(Repealed)[3]
[3]
Editor's Note: Former Subsection E(5), pertaining to tags for purebred dogs, was repealed 12-16-2010 by L.L. No. 1-2011.
(6) 
Any tag not issued by those authorized under Subsection A(2) of this section shall not constitute valid identification for the purposes of this chapter.
[Amended 12-16-2010 by L.L. No. 1-2011]
(7) 
The identification tag shall include, in addition to the identification number, the words "Town of Stillwater, State of New York" and contact information, including a telephone number, for the Town of Stillwater.
[Added 12-16-2010 by L.L. No. 1-2011]
F. 
Change in ownership; lost or stolen dog.
(1) 
In the event of a change in the ownership of any dog which has been assigned an official identification number or in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, file with the Clerk a written report 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.
(2) 
If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, file with the Clerk a written report of such loss or theft. The owner of record of any such dog shall not be liable for any violation of this chapter committed after such report is filed.

§ 62-7 Animal control and nuisances; care requirements; penalties for offenses.

A. 
Leash or other control required. No person who owns, harbors or has the custody and control of any dog shall cause or permit said dog to be at large on any street or in any public place in the Town of Stillwater. Any violation of this subsection shall, upon conviction, be subject to a fine of up to $250 for each occurrence of each offense.
[Amended 2-19-2009 by L.L. No. 1-2009]
B. 
Nuisances.
[Amended 2-19-2009 by L.L. No. 1-2009]
(1) 
No person, company or corporation who owns, harbors or has custody and control of any dog or dogs shall cause or permit such dog or dogs to become a nuisance within the Town of Stillwater, New York. As used in this section, "nuisance" shall be defined as follows:
(a) 
Dumping, knocking over or tearing open of garbage and other receptacles.
(b) 
Depositing of fecal matter or urinating upon property of another person, company or corporation.
(c) 
Fighting with other dogs, domestic animals or household pets.
(d) 
Barking, howling, whining or other noise which is of such character that a reasonable person of normal sensitivities would not tolerate it under the circumstances, excepting a guard dog actively involved in the protection of vulnerable domestic animals in an agricultural operation.
(e) 
Tearing, digging or otherwise destroying or damaging property of any person, company or corporation.
(2) 
Any violation of this subsection shall, upon conviction, be subject to a fine of up to $250 for each occurrence of each offense.
C. 
Cleaning up after pets; penalties for offenses.
[Amended 2-19-2009 by L.L. No. 1-2009]
(1) 
Any person who owns, keeps, possesses or controls any dog shall promptly remove any fecal matter left by the dog on any public property and on any private property not owned by such person or lawfully occupied by such person.
(2) 
In addition to and not in limitation of the provisions of the foregoing, every person who shall own, keep, possess or control any dog within the Town of Stillwater shall possess, at all times when accompanying said dog within such public place, implements or devices sufficient to clean and remove any fecal matter left by the dog in said public place. Failure to possess such implements or devices under such circumstances shall be sufficient to constitute a violation of this subsection.
(3) 
Any person violating this subsection shall, upon conviction, be subject to a fine of up to $250 for each offense.
D. 
Carrying animals in a cruel manner; penalties for offenses. A person who carries or causes to be carried in or upon any vehicle or otherwise any animal in a cruel or inhumane manner or so as to produce torture is guilty of a misdemeanor, punishable by imprisonment for not more than one year or by a fine of not more than $500, or by both.
E. 
Failure to care for animals; penalties for offenses.
(1) 
No person shall fail to provide proper food, water or shelter, taking into account the existing weather conditions, whether current or anticipated. "Food" shall mean food necessary to maintain the good health of the animal. "Water" shall mean water which is clean, in sufficient quantity to sustain the animal and not frozen. "Shelter" shall mean not only the place where the animal may get out of the weather, to include temperature, but also includes an adequate size area for exercise, taking into account the size and activity of the animal.
(2) 
A person found in violation of this section is guilty of a misdemeanor, punishable by imprisonment for not more than one year or by a fine of not more than $500, or both.
F. 
Animals at large; cruelty and abandonment.
[Amended 2-19-2009 by L.L. No. 1-2009]
(1) 
No person being the owner or having the custody or control of any cattle, horse, sheep or swine shall permit the same to be at large upon a highway or other public place.
(2) 
Every person violating this subsection shall, upon conviction, be punishable by a fine of up to $250 for each offense.
G. 
Abandonment; penalties for offenses. A person being the owner or possessor or having charge or custody of an animal who abandons such animal or leaves it to die in a street, road or public place or who allows such animal, if it becomes disabled, to lie in a public street, road or public place more than three hours after he receives notice that it is left disabled is guilty of a misdemeanor, punishable by imprisonment for not more than one year or by a fine of not more than $500, or both.
H. 
Seizure of unconfined domestic animals. Any domestic animal which shall be found running at large within the Town of Stillwater in violation of this chapter may be seized by any Animal Control Officer, peace officer or police officer of the Town. Said animal shall thereupon be delivered to an authorized impoundment agency employed or designated by the Town and may be redeemed by the owner thereof upon payment to said impoundment agency of a redemption fee of $250, plus a fee of up to $50 for each day or part thereof that said animal is confined. If not redeemed within five days after seizure thereof, the owner of said animal shall forfeit all title or right to the same, and the animal shall be offered for adoption or destroyed as provided by law. Prior to redemption, the owner shall provide proof of appropriate licensure and provide for an examination of said domestic animal by a veterinarian.
[Amended 2-19-2009 by L.L. No. 1-2009]
I. 
Fowl at large. No person shall allow fowl to run at large in the Town. Every person violating this subsection shall, upon conviction, be punishable by a fine of up to $250 for each occurrence of the offense.
[Amended 2-19-2009 by L.L. No. 1-2009]
J. 
Keeping swine.
[Amended 2-19-2009 by L.L. No. 1-2009]
(1) 
Swine must be kept within an enclosure located no less than 200 feet from a highway and not less than 50 feet from a dwelling. A watertight feeding trough must be provided, and no swill shall be thrown upon the ground. The feed trough and enclosure must be kept in a clean and sanitary condition. Odors from such enclosure which shall be offensive to passers upon a highway or to neighbors shall be presumptive evidence of the unsanitary condition thereof.
(2) 
Every person violating this subsection shall, upon conviction, be punishable by a fine of up to $250 for each occurrence of the offense and $25 for each day's continuance after notice from the Animal Control Officer.

§ 62-8 Public pound.

The Chief Animal Control Officer of the Town of Stillwater shall have charge of the public pound to be run under such rules and regulations as the Town Board may from time to time approve.

§ 62-9 Dangerous dogs; penalties for offenses.

A. 
If any dog shall attack any person who is peaceably conducting himself in any place where he may lawfully be, such person or any other person witnessing the attack may destroy such dog while so attacking or while being pursued thereafter, and no liability in damages or otherwise shall be incurred on account of such destruction.
B. 
Dogs attacking a domestic animal, household pet or service dog.
(1) 
If any dog shall attack, chase or worry any domestic animal or household pet while such animal or household pet is in any place where it may lawfully be, the owner or caretaker of such domestic animal or household pet, or any other person witnessing such attack may, for the purpose of preventing the killing or injury of such domestic animal or household pet, destroy such dog while so attacking, chasing, worrying or while being pursued thereafter, and no liability in damages or otherwise shall be incurred on account of such destruction.
(2) 
If any dog shall attack and injure any service dog, guide dog or hearing dog, any person witnessing the attack may for the purpose of preventing the killing or injury of such service dog, guide dog or hearing dog, destroy such attacking dog and no liability in damages or otherwise shall be incurred on account of such destruction.
C. 
Any person may make a complaint of an attack upon a person or of an attack, chasing or worrying of a domestic animal or household pet to an Animal Control Officer of the Town of Stillwater. Such Officer shall immediately inform the complainant of his right to commence a proceeding as provided in Subsection D of this section and, if there is reason to believe the dog is a dangerous dog, the Officer shall forthwith commence such proceeding himself.
D. 
Pursuant to this chapter and § 123 of the Agriculture and Markets Law, any person may, and any Animal Control Officer of the Town of Stillwater shall, make a complaint under oath or affirmation to any Municipal Judge or Justice of such attack, chasing or worrying. Thereupon, the Judge or Justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to any Animal Control Officer, peace officer, acting pursuant to his special duties, or police officer of the Town of Stillwater directing such officer to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the Judge finds there is probable cause for such seizure, he shall, within five days and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint.
[Amended 12-16-2010 by L.L. No. 1-2011]
E. 
If satisfied that the dog is a dangerous dog, the judge or justice shall then order any Animal Control Officer, peace officer, acting pursuant to his special duties, or police officer to cause the dog to be euthanized immediately, or shall by order return the dog to the owner upon satisfaction of the following conditions and ongoing restrictions:
(1) 
The dog shall not be returned to any person under the age of 18.
(2) 
The owner shall securely and permanently confine the dog indoors or in an enclosed and locked pen or structure as provided for in the order. Such pen or enclosure shall have a secure top and sides and shall be designed to prevent an unauthorized entry of a person, the escape of the dog and to provide protection from the elements.
(3) 
In addition to the order of confinement, the judge or justice shall order the owner or custodian to securely chain and muzzle the dog and require that the dog be under physical restraint of a responsible person of at least 18 years of age when i) confined in the presence of persons other than the owner or custodian, and ii) outside such enclosure for brief periods only when and for the period necessary to urinate, defecate or receive medical treatment. Such muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. Such leash shall have a maximum length of three feet and shall have a minimum tensile strength of 300 pounds. If the owner fails to confine the dog as required by such order, any Dog Control Officer, peace officer, acting pursuant to his special duties, or police officer shall destroy such dog on or off the premises of the owner.
(4) 
The owner of the dog shall have the dog sterilized.
(5) 
The owner shall obtain general liability insurance in the amount of $100,000 for any injury which the dog may cause, naming the Town of Stillwater as an additional insured for the purpose of receiving notification of termination. It shall be the duty of said dog owner to maintain such insurance policy in force so long as the dog shall be present in the Town of Stillwater.
(6) 
The owner shall display a sign on the premises warning that there is a vicious dog on the property. This sign shall be visible and capable of being read from the public highway or street.
(7) 
The owner shall register such dog with the Town Clerk. Such registration shall contain the name and address of the owner, the breed, age, sex, color and any other identifying marks of the dog, photographs taken head on and showing both side views of the dog, the location where the dog is kept if not at the address of the owner and any other information which the Town Clerk shall require. The registration pursuant to this subsection shall be accompanied by a registration fee of $50. Each dog registered pursuant hereto shall be assigned an official dangerous dog registration number by the Town Clerk. Such registration number shall be tattooed at the owner's expense in the manner prescribed by the Animal Control Officer. The certificate of registration shall be issued to the owner upon payment of the registration fee and presentment of sufficient evidence that the owner has complied with all the orders of the court as prescribed at the determination hearing.
(8) 
Following registration of such dog, the owner shall purchase from the Town Clerk an appropriate collar designating the dog as dangerous. This collar shall remain on the dog at all times.
F. 
A dog shall not be declared dangerous if the court determines the conduct of the dog a) was justified because the threat, injury or damage was sustained by a person who at the time was committing a crime or offense upon the owner or custodian or upon the property of the owner or custodian of the dog, or b) was justified because the injured person was tormenting, abusing or assaulting the dog or has in the past tormented, abused or assaulted the dog; or c) was responding to pain or injury, or was protecting itself, its kennels or its offspring. No dog may be declared dangerous if it is used by law enforcement officials for law enforcement work.
G. 
The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person, service dog, guide dog or hearing dog causing physical injury shall be subject to a civil penalty not to exceed $400 in addition to any other applicable penalties.
H. 
The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person causing serious physical injury shall be subject to a civil penalty not to exceed $800 in addition to any other applicable penalties.
I. 
Pursuant to § 123 of the Agriculture and Markets Law, the owner of a dog who, through any act or omission, negligently permits his or her dog, which had previously been determined to be dangerous pursuant to this chapter, to bite a person causing serious physical injury shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or by a period of imprisonment not to exceed 90 days, or by both such fine and imprisonment, in addition to any other applicable penalties.
[Amended 12-16-2010 by L.L. No. 1-2011]
J. 
Pursuant to § 123 of the Agriculture and Markets Law, if any dog which had previously been determined by a Judge or Justice to be a dangerous dog, as defined in § 108 of the Agriculture and Markets Law, shall, without justification, kill or cause the death of any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, regardless of whether such dog escapes without fault of the owner, the owner shall be guilty of a Class A misdemeanor in addition to any other penalties.
[Amended 12-16-2010 by L.L. No. 1-2011]
K. 
The owner shall not be liable pursuant to Subsection G, H, I or J of this section if the dog was coming to the aid or defense of a person during the commission or attempted commission of a murder, robbery, burglary, arson, rape in the first degree as defined in Subdivision 1 or 2 of § 130.35 of the Penal Law, criminal sexual act in the first degree as defined in Subdivision 1 or 2 of § 130.50 of the Penal Law or kidnapping within the dwelling or upon the real property of the owner of the dog and the dog injured or killed the person committing such criminal activity.
L. 
Nothing contained herein shall limit or abrogate any claim or cause of action any person who is injured by a dog with a dangerous or vicious disposition or a dangerous or vicious propensity may have under common law or by statute. The provisions of this section shall be in addition to such common law and statutory remedies. If any dangerous dog causes injury to a person or domestic animal or damage to property while out of or within the enclosure of the owner of the dog or while off the property of the owner, whether or not the vicious dog was on a leash and securely muzzled or whether the vicious dog escaped without the fault of the owner, the owner shall be liable to the person aggrieved by the injury for all damages sustained, to be recovered in a civil action.
M. 
Nothing contained herein shall restrict the rights and powers derived from the provisions of Title IV of Article 21 of the Public Health Law relating to rabies and any rule and regulation adopted pursuant thereto.
N. 
The owner shall notify the Town Clerk within 24 hours if a dangerous dog is loose, unconfined, has attacked another animal, has attacked a human being or has died.
O. 
No person shall own or harbor any dog for the purpose of dog fighting or shall train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to unprovoked attacks upon human beings or domestic animals.
P. 
No person shall possess with intent to sell, offer for sale, give away, breed, buy, attempt to buy or receive as a gift within the Town any dangerous dog.
Q. 
Penalties for offenses.
(1) 
Any person violating the provisions of this section shall be punished by a fine of not more than $1,000 or 30 days in jail, or both. Each separate offense shall constitute an additional violation.
(2) 
Any person found guilty of violating this section shall pay all expenses, including shelter, food and veterinary expenses, necessitated by the seizure of any dog for the protection of the public and such other expenses as may be required for the destruction of such dog.

§ 62-10 Violations; penalties for offenses.

A. 
It shall be a violation, punishable as provided in Subsection B of this section, for:
(1) 
Any owner to fail to license any dog;
(2) 
Any owner to fail to have any dog identified as required by this chapter;
(3) 
Any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs or purebred license tag;
(4) 
Any owner of any dangerous dog to fail to confine or destroy such dog upon order of any judge or justice;
(5) 
Any owner to fail to securely confine any dog as required by an order issued pursuant to § 120 or 121 of the Agriculture and Markets Law;
[Amended 12-16-2010 by L.L. No. 1-2011]
(6) 
Any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this chapter;
(7) 
Any person to fail to furnish any information or to furnish any false or misleading information on any form required to be filed with the Town or the Commissioner pursuant to the provisions of this chapter or rules and regulations promulgated pursuant thereto;
(8) 
The owner or custodian of any dog to fail to exercise due diligence in handling his or her dog if the handling results in harm to another dog that is a guide, hearing or service dog.
B. 
The Town shall bring an action against any person who has committed any violation set forth in Subsection A of this section. The Town may elect either to prosecute such action as a violation under the penal law or to commence an action to recover a civil penalty. A violation of this section shall be punishable, subject to such an election, either:
[Amended 5-15-2008 by L.L. No. 1-2008]
(1) 
Where prosecuted pursuant to the penal law, by a fine of not more than $250, except that, where the person is found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both;
(2) 
Where prosecuted as an action to recover a civil penalty, by a civil penalty of not more than $250.
C. 
A defendant charged with a violation of any provision of this chapter may himself plead guilty to the charge in open court. He may also submit to the magistrate having jurisdiction, in person, by duly authorized agent, or by registered mail, a statement a) that he waives arraignment in open court and the aid of counsel, b) that he pleads guilty to the offense charged, c) that he elects and requests that the charge be disposed of and the fine or penalty fixed by the court, d) of any explanation that he desires to make concerning the offense charged, and e) that he makes all statements under penalty of perjury. Thereupon the magistrate may proceed as though the defendant had been convicted upon a plea of guilty in open court, provided however, that any imposition of fine or penalty hereunder shall be deemed tentative until such fine or penalty shall have been paid and discharged in full. If upon receipt of the aforesaid statement the magistrate shall deny the same, he shall thereupon notify the defendant of this fact, and that he is required to appear before the said magistrate at a stated time and place to answer the charge which shall thereafter be disposed of pursuant to the applicable provisions of law.

§ 62-11 Seizure of dogs; redemption periods; impoundment fees; adoption.

A. 
Cause for seizure of dogs.
(1) 
Any Animal Control Officer or peace officer, acting pursuant to his special duties, or police officer of the Town of Stillwater shall seize:
(a) 
Any dog which is not identified and which is not on the owner's premises; and
(b) 
Any dog which is not licensed, whether on or off the owner's premises.
(c) 
Any licensed dog which is not in the control of its owner or custodian or not on the premises of the dog's owner or custodian, if there is probable cause to believe the dog is a dangerous dog.
(d) 
Any dog which poses an immediate threat to the public safety.
(2) 
Promptly upon seizure the Animal Control Officer shall commence a proceeding as provided for in § 62-9 of this chapter.
B. 
Any Animal Control Officer or peace officer, acting pursuant to his special duties, or police officer of the Town of Stillwater may seize any dog in violation of this chapter.
C. 
Each dog seized in accordance with the provisions of this chapter shall be properly sheltered, fed and watered for the redemption period as hereinafter provided.
D. 
Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized, during which period 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 this chapter, and further provided that the owner pays the following impoundment fees:
[Amended 2-19-2009 by L.L. No. 1-2009]
(1) 
$100 for the first impoundment of any dog owned by that person;
(2) 
$250 for the first 24 hours or part thereof and $25 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; or
(3) 
$250 for the first 24 hours or part thereof and $25 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.
E. 
Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees prescribed by Subsection D of this section and by producing proof that the dog has been licensed.
F. 
An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized subject to the provisions of Subdivisions 2-a, 2-b, 2-c, 2-d, and 2-e of § 374 of the Agriculture and Markets Law. Provided that no dog in the custody of a pound or shelter shall be delivered for adoption unless it has been licensed pursuant to the provisions of this chapter prior to its release from the custody of a pound or shelter.
G. 
Any dog or cat in the custody of a pound or shelter shall be made available for adoption or euthanized subject to the provisions of Subdivisions 2-a, 2-b, 2-c, 2-d, and 2-e of § 374 of the Agriculture and Markets Law after the time for redemption has expired.
H. 
The seizure of any dog shall not relieve any person from any violation provided for by § 62-9 or 62-10 of this chapter.

§ 62-12 Immunity of Town. [1]

No action may be maintained against the Town of Stillwater and a duly designated Animal Control Officer of the Town or any other agent of the Town for the possession or value of damages for injury to or compensation for the destruction of a dog seized or destroyed under the provisions of this chapter.
[1]
Editor's Note: See also Ch. 11, Defense and Indemnification.

§ 62-13 Provisions supplemental to other provisions.

The provisions of this chapter shall not supersede, but rather shall be supplementary to, the provisions of law contained in Articles 7, 25-B and 26 of the Agriculture and Markets Law and any other applicable ordinance, rule or regulation.

§ 62-14 Effective date.

This chapter shall take effect upon filing with the Secretary of State, except that the provisions of § 62-10B shall take effect on October 1, 2004.