[HISTORY: Adopted by the Town Board of the
Town of Fallsburg 11-9-2010 by L.L. No. 15-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 197.
[1]
Editor's Note: This local law also repealed former Ch. 112,
Dogs, adopted 12-18-1979 by L.L. No. 4-1979 (Ch. 154 of the 1971 Code),
as amended.
This chapter shall be known and may be cited as the "Dog Control
Law of the Town of Fallsburg."
A.Â
ADOPT
AGRICULTURE AND MARKETS LAW
AT LARGE
CLERK
DANGEROUS
DANGEROUS DOG
DOG
DOG CONTROL OFFICER
DOMESTIC ANIMAL
(1)Â
(2)Â
HARBOR
IRRESPONSIBLE OWNER
OWNER
POTENTIALLY DANGEROUS DOG
PROPER ENCLOSURE OF A DANGEROUS DOG
SHOW DOG
TOWN
VICIOUS
As used in this chapter, unless otherwise expressly stated or unless
the context or subject matter otherwise requires, the following terms
shall have the meanings indicated:
The delivery to any natural person 18 years of age or older,
for the purpose of harboring a dog, seized or surrendered, from the
Town's animal shelter.
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this chapter, as amended by
this chapter and as amended thereafter.
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
The Town Clerk, or Deputy Town Clerk, of the Town of Fallsburg,
where licenses are to be validated or issued.
Refers to the risk of harm by any action of the dog, whether
or not benign, such as biting, jumping, slamming against, grabbing,
swiping with its paws and over-friendliness that is expressed as jumping
upon; a propensity to attack other dogs.
Any dog that, when unprovoked, inflicts bites on a human
or a domestic animal either on public or private property, or chases
or approaches a person upon the streets, sidewalks or any public grounds
in a menacing fashion or apparent attitude of attack, or any dog with
a known propensity, tendency, or disposition to attack unprovoked,
to cause injury or to cause injury or otherwise to threaten the safety
of humans or domestic animals. Any dog that inflicts severe injury
on a human being without provocation on public or private property,
kills a domestic animal without provocation while the dog is off the
owner's property, or has been previously found to be potentially dangerous
because of injury inflicted on a human, the owner having received
notice of such and the dog again aggressively bites, attacks or endangers
the safety of humans. This shall also mean any dog that, when unprovoked,
creates havoc or damages property that is not its owner's. A dog that
has engaged in or has been trained to engage in exhibition of fighting;
a dog that has attacked a person or domestic animal, without justification,
causing serious bodily injury or death. A dog's breed shall not be
considered in determining whether or not it is dangerous.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
Any member of the species Canis familiaris.
Any individual appointed by the Town to assist in the enforcement
of this chapter or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated dog protective
association under contract with the Town to assist in the enforcement
of this chapter.
A dog or a cat.
A total of not more than four dogs or cats, or any combination
of both, are permitted in any zone, excluding litters (for a period
not to exceed six months in age).
Vacant properties without a permanent structure intended for
and occupied as a residence for human occupancy shall not be used
for the keeping of domestic animals for any purpose in any zone.
To provide food or shelter to any dog.
Any owner of any dog in the Town of Fallsburg who has violated,
three or more times, any section contained in this chapter or Articles
7 and 26 of the Agriculture and Markets Law of New York State, or
any combination of three violations of this chapter and of Articles
7 and 26 of the Agriculture and Markets Law of the State of New York,
including, but not limited to, running at large, trespassing, creating
a nuisance, being off leash, causing property damage or cruelty to
animals, may be designated as an irresponsible dog owner.
Any person, firm, corporation, organization or department
possessing, harboring, keeping, having an interest in or having control
or custody of an animal.
Any dog that, when unprovoked, inflicts bites on a human
or a domestic animal either on public or private property or chases
or approaches a person upon the streets, sidewalks or any public grounds
in a menacing fashion or apparent attitude of attack, or any dog with
a known propensity, tendency or disposition to attack unprovoked,
to cause injury or to cause injury or otherwise to threaten the safety
of humans or domestic animals.
While on the owner's property, a dangerous dog shall be securely
confined indoors or in a securely enclosed and locked pen or structure,
suitable to prevent the entry of young children and designed to prevent
the animal from escaping. Such pen or structure shall have secure
sides and a secure top and shall provide protection from the elements
for the dog.
A dog that competes in a competitive exhibition of dogs.
The Town of Fallsburg, including incorporated areas.
Refers to a dog that has done or communicated by its actions
an intention, habit, tendency or propensity to do something harmful
to people.
B.Â
All other words and phrases used in this chapter shall, for the purpose
of this chapter, have the meanings respectively ascribed to them by
§ 108 of the Agriculture and Markets Law.
The purpose of this chapter shall be to preserve the public
peace and good order in the Town and to contribute to the public welfare,
safety and good order of its people by establishing certain regulations
and restrictions on the activities of dogs that are consistent with
the rights and privileges of other residents of the Town. This chapter
shall also provide for the licensing and identification of dogs, the
control and protection of the dog population and the protection of
persons, property, domestic animals and deer from dog attack and damage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
The Town Board shall appoint a Dog Control Officer or Officers
for the Town of Fallsburg for the purposes and shall have all the
powers contained in § 113 of the Agriculture and Markets
Law.
A.Â
Leash required. No person who owns, possesses or harbors a dog shall
allow or permit such dog to run at large in the Town unless effectively
restrained by a leash not to exceed eight feet in length or unless
accompanied by its owner or other responsible person in full control
of such dog on public roads.
B.Â
Full control. For the purpose of this section, "full control" means
that the dog will respond to the command, order or signal of the owner
or other responsible person and that the owner or other responsible
person shall at all times by his or her command, order or signal prevent
his or her dog from bothering, worrying, annoying, chasing or barking
at any person or animal.
C.Â
Female dog. No person who owns, possesses or harbors an unspayed
female dog shall permit such dog to be outside a building or fence
enclosure in time of heat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
D.Â
Exceptions. A dog shall be permitted to run unleashed on the property
of the owner or other person harboring same; provided, however, that:
A.Â
Permitting a dog to damage property prohibited. No person who owns
a dog shall permit or suffer such dog to damage or destroy property
of any kind.
B.Â
Keeping of persistently barking dog prohibited. No person shall keep,
suffer or permit to be kept on the premises occupied by such person
any dog which by its continual barking, howling or whining or other
frequent or long-continued noises which shall unreasonably disturb
the comfort or repose of any person.
C.Â
Sanitary requirements. No person who owns a dog shall permit the
premises, structures or enclosures in which such dog is kept to be
unclean or unsanitary.
D.Â
Leashing of certain dogs. No person shall suffer or permit to run
at large any dog which has been ordered to be confined, but any such
order shall not be deemed violated while such a dog is personally
and effectively restrained by a leash not to exceed eight feet in
length.
E.Â
Running at large on places of public assembly prohibited. No person
owning, keeping, harboring or having the care, custody and/or control
of any dog shall permit such dog to be at large on the grounds or
on premises of places of public assembly unless restrained by a leash
not to exceed eight feet in length.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
F.Â
Keeping a dog which runs in a pack prohibited. No person shall permit,
keep or suffer to be kept any dog which runs at large in a pack or
with a pack of other dogs.
G.Â
Kennels or dog hospitals. No person shall keep or maintain a kennel and/or animal hospital for the raising, breeding, boarding, care or treatment of dogs in the Town unless same are enclosed or housed in a suitable enclosure complying with the requirements of Chapter 310, Zoning (see § 310-6.3H).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
The Dog Control Officer and any other peace officer authorized
by the Town to assist in the enforcement of this chapter and Article
7 of the Agriculture and Markets Law shall have the authority to issue
an appearance ticket, pursuant to the Criminal Procedure Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
A violation of this chapter shall be punishable by a fine of
not less than $50 and not more than $100, except that where the person
was found to have violated this chapter within the preceding five
years, the fine may be not less than $150 and no more than $250, and
where the person was found to have committed two or more such violations
within the preceding five years, it shall be punishable by a fine
of not less than $250 and no more than $500 per violation, or imprisonment
for not more than 15 days, or both. The owner of any dog impounded
by the Town shall be entitled to redeem that dog within five business
days, excluding the day the dog is impounded, from the day the dog
is impounded, provided that the owner produces proof the dog is licensed
and identified and pays a fee as set by resolution of the Town Board.
In addition to the above-stated fees, the Town shall be entitled to
a boarding fee of $25 per day.
A.Â
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for
any dog under the age of four months that 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. Renewal shall be
for a minimum of one year and shall not exceed three years, based
on the validation term of the rabies vaccination.
B.Â
Application for a dog license shall be made to the Town Clerk.
C.Â
The application shall state the sex, actual or approximate year of
birth, breed, color(s), official identification number of the dog
and other identification markers, if any, and the name, address, telephone
number, county and town of the residence of the owner.
D.Â
The application shall be accompanied by a license fee as listed below
and a valid certificate of rabies vaccination or statement from a
licensed veterinarian that such vaccination would endanger the dog's
life in which case vaccination shall not be required. In cases of
spayed or neutered dogs, every application shall also be accompanied
by a certificate signed by a licensed veterinarian showing that the
dog has been spayed or neutered, provided such certificate shall not
be required if the same is already on file with the Clerk.
E.Â
The fees for a dog license shall be as follows:
(1)Â
Altered dogs: as set by resolution of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
(2)Â
Unaltered dogs: as set by resolution of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
(3)Â
There shall be no fee charged for the licenses issued for any service
dogs, detection dogs, geese dogs and guide dogs, and hearing dogs
shall be exempt from fees; however, owner(s) of the exempt dogs must
register for a license and show proof of rabies vaccination as well
as a spaying or neutering certificate.
F.Â
Upon validation by the Clerk, the application shall become a license
for the dog described therein. Once an application has been validated,
no refund shall be made.
G.Â
The Clerk shall provide a copy of the license to the owner and retain
a record of the license in either paper or electronic form.
H.Â
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.
I.Â
No dog can be adopted out of the Town's animal shelter without first
obtaining a license from the Clerk.
J.Â
There will be no distinct purebred licenses as previously provided
for by the state. Any and all existing purebred licenses will now
be required to comply with this chapter.
The Clerk, at the time of issuing any license pursuant to this
chapter, shall require the applicant to present a statement certified
by a licensed veterinarian showing that the dog or dogs have been
vaccinated to prevent rabies or, in lieu thereof, a statement certified
by a licensed veterinarian stating that because of age or other reason,
the life of the dog or dogs would be endangered by the administration
of vaccine. The Clerk shall make or cause to be made from such statement
a record of such information and file such record with a copy of the
license.
In addition to other applicable fees, any person applying for
a dog license for a dog identified as unlicensed during an enumeration
shall pay a fee of $5. Such additional fee shall be used to pay the
expenses incurred by the Town in conducting enumeration. In the event
the additional fees collected exceed the expense incurred by the Town
conducting an enumeration in any year, such excess fees may be used
by the Town for any other lawful purpose.
A.Â
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, an 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.
B.Â
The official identification tag 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.
C.Â
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 or her expense, at a fee as set by
resolution of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
D.Â
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.
E.Â
The identification tag shall be imprinted with the "Town of Fallsburg,"
a unique identification number and the telephone number of the Town
Clerk's Office.
F.Â
A dog that participates within the dog show competition shall be
registered with the Town, and all applicable fees will be due; however,
the show dog shall be exempt from wearing an identification tag.
A.Â
In the event of a change in 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 shall, within 10 days of any such
change, notify the Clerk.
B.Â
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, notify the Clerk.
C.Â
In the case of a dog's death, the owner of record shall so notify
the Clerk either prior to renewal of the license or upon the time
of such renewal.
[Amended 10-17-2022 by L.L. No. 3-2022]
A.Â
Adequate shelter required. Adequate shelter must meet the following
standards:
(1)Â
Weatherproof construction. Dogs kept outside for extended periods
of time must have access to a weatherproof shelter of adequate size.
The shelter must be well constructed and have a roof, enclosed sides,
a doorway and a solid, level floor raised at least two inches from
the ground. Provide proper air circulation. There should be no cracks
or openings in the structure other than the entrance, and it must
be windproof and rainproof. Rainproof openings for ventilation are
acceptable in hot weather.
(2)Â
Cold weather requirements. Dogs need to have a comfortable, safe
place to escape the cold, snow, and wind. Between November 1 and March
31 the following must be provided:
(a)Â
Protected entrance. The shelter's entryway must be protected
by a self-closing windbreak, or an offset outdoor or a flexible door
flap. According to the size of the dog.
(b)Â
Bedding. Sufficient amount of nonabsorbent bedding such as cedar
shavings, straw, or wood chips must be provided to insulate against
the cold and damp. All bedding should be kept dry and changed periodically.
(3)Â
Warm weather requirements. In warm weather or summer months, dogs
need to have protection from the sun and heat. The shelter should
be placed where it will be adequately shaded in hot weather. Make
sure the opening to the shelter is not facing the sun.
(4)Â
Commercially available dog houses. Dog houses bought at pet supply
stores often need to be modified to meet the requirements. Sometimes
you just need to raise them off the ground and install a weatherproofed
flap. Raised dog houses can also be purchased, but will still need
a flap installed.
B.Â
Any and all dogs harbored in the Town must be provided with adequate
shelter and accessible shelter appropriate to each dog's breed,
physical condition and the climate. The shelter must have a waterproof
roof, be structurally sound and provide adequate room for free movement
to make postural adjustments, including the ability to stand up, turn
around and lie down with its limbs extended. The shelter must allow
for the effective removal of waste, excretions, dirt and trash. The
housing facility and the area immediately around it accessible to
the dog shall be cleaned regularly to maintain a healthy and sanitary
environment and to minimize health hazards.
C.Â
Tethering of dogs. Any dog in the Town shall be so confined as to
provide for the comfort and safety of the dog. The dog will be secured
in a way that the tether cannot become entangled with other objects.
Collars used to attach a dog must be comfortable and properly fitted
at the discretion of the Town of Fallsburg Dog Control Officer. Excessive
collars, such as, but not limited to, heavy chains and choke chains
shall be prohibited. Restraints must allow the dog to move about and
lie down comfortably with access to adequate shelter as defined in
this chapter. Any dog tethered in the Town must, on occasion, and
no less than once every two days, be removed from the tether for at
least two hours in each two-day time interval.
D.Â
All dogs within the Town will be provided with adequate food and
accessible clean drinking water at all times.
E.Â
No animal shall be confined within or on a motor vehicle, nonmotorized
vehicle or trailer at any location in the Town under such conditions
as may endanger the health or well-being of the animal, including
but not limited to dangerous temperatures.
F.Â
No animal shall be left for more than 24 consecutive hours without
minimal care.
G.Â
No person shall knowingly place food of any description containing
poisonous or other injurious ingredients in any area reasonably likely
to be accessible to animals, except as provided by law for nuisance,
vector or predator control.
H.Â
It shall be unlawful for any owner or custodian of any dog to knowingly
and intentionally, whether for amusement of self or others, or for
financial gain, cause any animal to fight or injure any other animal,
cause it to be fought or injured by any other animal or to train or
keep for the purpose of training any animal with the intent that the
animal shall be exhibited combatively with any other animal. Anyone
who permits such conduct on premises under that person's control,
and any person present as a spectator at that exhibition shall be
considered a violator of this section and subject to punishment upon
conviction.
I.Â
A person who owns or controls a dog may not allow it to be in any
public place or in any open or unfenced field abutting a public place,
unless the dog is effectively restrained by a leash or chain no more
than six feet long. The exception to this is at participating dog
parks or when the dog is in a dog run.
J.Â
Each person who owns or controls a dog must remove any feces left
by that dog on any sidewalk, gutter, street, or other area and dispose
of it in a legal manner. The person must remove the feces and carry
them away for disposal in a toilet or their own trash container or
trash bag.
[Amended 10-17-2022 by L.L. No. 3-2022]
A.Â
A hearing shall be held to determine whether the accused is an irresponsible
dog owner.
(1)Â
A Dog Control Officer, Town Prosecutor or private person may petition the court for a declaration that a person is an irresponsible dog owner as defined in § 112-2, Definitions, of this chapter, and that he be penalized as provided herein.
(2)Â
Upon petitioning the court, the accused shall be given notice as
in civil cases that if he does not appear before the court and show
cause why they should not be declared an irresponsible dog owner,
then he shall be declared an irresponsible dog owner and shall be
penalized as provided herein.
(3)Â
At the court hearing to determine whether the accused is an irresponsible
dog owner, the court may admit into evidence all relevant evidence,
including but not limited to prior convictions, incident reports and
affidavits of witnesses. A jury shall not be available. The court
may find, upon a preponderance of the evidence, that the accused is
an irresponsible dog owner and, upon such finding, shall impose the
penalty or penalties provided in this chapter.
B.Â
An irresponsible dog owner as defined in § 112-2 of this chapter and declared such as provided in this section shall be penalized with any or all of the following:
(1)Â
Fine of up to $250 upon the first conviction hereunder, up to $350
upon the second conviction hereunder and up to $500 upon the third
and subsequent convictions hereunder.
(2)Â
An irresponsible dog owner may be ordered to permanently surrender
one or all of their dogs to the Dog Control Officer and refrain from
owning, keeping or harboring any dog or dogs for a period of up to
10 years or a time the presiding judge shall deem appropriate.
(3)Â
Order the owner to restrain such dog by collar and leash at all times
whether on or off the owner's property.
(4)Â
Order the owner to confine such dog to the premises of the owner.
(5)Â
Order spay/neuter of the dog.
(6)Â
Order permanent identification of the dog such as tattoo or microchip.
(7)Â
Effect such other remedy authorized by law as may be warranted by
the circumstances in each case.
(8)Â
Order permanent confinement in the case of any dog deemed dangerous
and a threat to public safety.
C.Â
The court may not grant probation to an irresponsible dog owner except in extraordinary circumstances and under the condition that the next violation under this chapter or any other animal control or animal cruelly law shall result in imposition of the fullest penalties prescribed in § 112-15B hereof.
D.Â
The provisions hereof shall be in addition to any other civil, criminal
or administrative laws, regulations or causes of action against the
owner of the dog or any other person, firm, corporation or governmental
entity or employee.
E.Â
A violation of an order made under this section shall be punishable
as a criminal contempt of court as defined in Article 215 of the New
York State Penal Law.
A.Â
Any person who witnesses an attack or threatened attack, or, in the
case of a minor, an adult acting on behalf of such minor, may make
a complaint of an attack or threatened attack upon a person, companion
animal or farm animal to a Dog Control Officer or police/peace officer
of the Town. Such officer shall immediately inform the complainant
of his right to commence a proceeding as provided in Article 7, § 123,
of the Agriculture and Markets Law of the State of New York. The officer,
at his discretion, may commence such proceeding without the consent
of the complainant if the information provided by the complainant
is compelling enough to suspect that the dog is a dangerous dog and
a threat to public safety.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
B.Â
Any dog owner violating any provision of a confinement order after
said dog is deemed dangerous by the Town Municipal Judge/Justice will
be subject to immediate seizure of his dog identified in the order
by the Town Dog Control Officer with no further notice, and the dog
will become the property of the Town.
C.Â
Any dog owner violating any provision of a confinement order as stipulated
by a Town Municipal Judge/Justice shall be penalized by a criminal
contempt of court as defined in Article 215 of the New York State
Penal Law.
D.Â
Unless otherwise provided by the Agriculture and Markets Law of the
State of New York or specified in any other section of this chapter
any violation of any provision of this chapter shall be punishable
by a fine of not more than $250 or by imprisonment of not more than
15 days, or both.
If any part of this chapter shall be held invalid, such a part
shall be deemed severable, and the invalidity thereof shall not affect
the remaining parts of this chapter.
No person shall interfere with, hinder or molest any agent of
the Town in the performance of any duty as herein provided. Any person
violating this section shall be deemed guilty of a misdemeanor and
shall be subject to a fine of not less than $250 and not more than
$500.