[HISTORY: Adopted by the Town Board of the
Town of Wilton 11-4-2010 by L.L. No. 6-2010[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 53,
Dogs, adopted 9-2-1999, as amended.
The Town Board of the Town of Wilton finds that the running-at-large
and other uncontrolled behavior of licensed and unlicensed dogs has
caused physical harm to persons and damage to property and have created
nuisances within the Town. The purpose of this chapter is to protect
the health, safety and well-being of persons and property by imposing
restrictions on the keeping and running-at-large of dogs within the
Town.
This chapter is enacted pursuant to the provisions of (Article
7, Chapter 59, Part T) of the Agriculture and Markets Law and the
Municipal Home Rule Law of the State of New York.
The title of this chapter shall be the "Dog Control Law" for
the Town of Wilton.
As used in this chapter, the following words shall have the
following respective meanings:
Male and female, licensed and unlicensed, members of the
specis canis famillaris.
Any person(s), company or corporation harboring or keeping
a dog, or a parent/guardian or other adult person with whom a minor
dog owner resides.
To be in a public or on private land without the knowledge,
consent and approval of the owner of such lands.
The Town of Wilton.
It shall be unlawful for any owner of any dog in the Town to
permit or allow the following:
A.
Running at large: No dog shall run at large within the territorial
limits of the Town of Wilton. A dog shall be deemed at large if elsewhere
than on the premises of the owner, not accompanied by the owner or
his agent having said dog under control at all times. All dogs must
be restrained by adequate collar and leash or fenced by visible or
invisible fence at the premises of the owner of such dog. A dog or
dogs hunting in the company of a hunter or hunters does not constitute
running at large.
B.
Nuisance or barking dogs: No dog shall engage in prolonged habitual
and loud howling, barking, crying, whining or conduct as to unreasonably
and habitually disturb the comfort or repose of any person(s) other
than the owner of such dog.
C.
Property damage: No dog shall cause damage or destruction to property
or commit a nuisance upon the premises of a person other than the
owner or person harboring such dog. Specifically (but without limitation)
no dog shall uproot, dig, or otherwise damage any vegetables, lawns,
flowers, garden beds, or the property without the consent or approval
of the owner of said premises.
D.
Bodily harm: No dog shall chase, jump upon or at or otherwise harass
any person in such manner as to reasonably cause intimidation or fear
or to put such person in reasonable apprehension of bodily harm.
E.
Habitually chase: No dog shall chase, jump run alongside of or bark
at motor vehicles, motorcycles or bicycles while on a public street,
highway, or place, or upon private property without the consent or
approval of the owner of such property.
F.
Prohibition of dogs in Town parks: No dogs shall be allowed within
the confines of Gavin Park. This section shall not apply to seeing
eye dogs when the dogs are performing the functions for which they
are trained, nor to dogs aiding or assisting disabled persons, nor
to dogs actively engaged in police work or search and rescue activities.
Leashed dogs are allowed at Camp Saratoga and Ruggles Road Park (Neilmann
Parcel). A revocable permit is required, issued by the Town of Wilton,
for use at Camp Saratoga and the Neilmann parcel. No dogs are permitted
at Camp Saratoga during scheduled or community events.
G.
Defecating on property owned or maintained by Town: No dog(s) shall
be allowed to defecate on property owned or maintained by the Town
of Wilton, and any such person who owns or is in charge of any dog
which defecates upon property owned or maintained by the Town of Wilton
shall immediately remove said waste to a sealed, leak-proof container
and dispose of said waste within the confines of the dog owner's
premises or other suitable disposal site. Property owned or maintained
by the Town of Wilton shall include, but not be limited to, Town roadways,
shoulders and right-of-way of said roadways, parks and public buildings.
H.
Defecating on private property within the Town: No dog(s) shall be
allowed to defecate on private property in the Town of Wilton unless
said owner of the property gives permission for the deposit of said
waste on said property. Any owner or person who is in charge of any
dog which defecates upon private property without the permission of
the property owner shall remove said waste immediately to a sealed
leak-proof container and dispose of said waste within the confines
of the dog owner's premises or other suitable disposal site.
A.
All dog(s) in the Town of Wilton must be licensed with the Town Clerk
by the age of four months, and a current Certificate of Rabies vaccination
is required to be presented at the time of licensing or the renewal
of an existing license.
B.
All dog licenses will be for a period of one year and will expire
at the end of the month one year from the date of issue.
C.
Fees for licensing dogs: The fee for a spayed or neutered dog will
be $5 annually (which includes the assessment of a surcharge of $1
for the purpose of carrying out animal population control). For seniors,
(65 years or older) the fee will be $2.50 annually, and the fee for
an unspayed or unneutered dog will be $13 annually (which includes
the assessment of a fee of $3 for the purpose of carrying out animal
population control). For seniors, (65 years or older) the fee will
be $10 annually.
D.
F.
The Town of Wilton shall contract with an animal shelter to license
dogs adopted by the residents of the Town of Wilton.
G.
All dog licenses may be purchased and obtained by visiting the office
of the Town Clerk or by regular mail. When licensing or renewing a
license by mail the appropriate fee must accompany the forms. Fees
are nonrefundable.
H.
Fees for seizure of dogs. The fee for seizure and impoundment of
dogs in violation of this chapter or the laws of the New York State
Department of Agriculture and Markets Law shall be as set forth in
§ 118 of the Agriculture and Markets Law.
Any dog found to be running at large in violation of § 53-5A of this chapter or of § 118 of Agriculture and Markets Law, whether licensed or unlicensed, will be seized by the Dog Control Officer or peace officer and such dog shall be kept and disposed of in accordance with the provisions of Article 7 of Agriculture and Markets Law.
A Dog Control Officer designated by the Town Board, as provided
in § 114 of the Agriculture and Markets Law, may enforce
the provisions of this chapter and may also investigate and report
to the Town Justice any dangerous dog, as described in § 121
of the Agriculture and Markets law, and see that the order or orders
of the Town Justice in such case are carried out.
Any person(s) who observes a violation of this chapter or the
New York State Agriculture and Markets law may file a signed complaint,
under oath, with a Town Justice of the Town of Wilton specifying the
objectionable conduct of the dog, the date thereof, the damage caused,
a description of the dog and name and residence, if known, of the
owner or other person harboring said dog.
Upon receipt by the Town Justice of any complaint against the
conduct of any particular dog, the Town Justice may summon the alleged
owner or other person harboring said dog to appear in person before
him. If the summons is disregarded, the justice may permit the filing
of the information and issue a warrant for the arrest of such person.
This chapter, as adopted by the Town of Wilton, relating to
the keeping and control of dogs and provisions of Article 7 of the
New York State Agriculture and Markets Law relating to the keeping
and licensing of dogs, shall be enforced pursuant to the New York
Penal Law.
Any dog in violation of this chapter may be apprehended and
impounded under the provisions of this chapter and § 118
of the Agriculture and Markets Law.
Should any section or provision of this chapter be deemed to
be unconstitutional or invalid by a court of law, such decision shall
not affect the validity of this chapter as a whole or any part thereof
other than the part so decided to be unconstitutional or invalid.
This chapter shall supersede all prior local laws, ordinances,
rules and regulations relative to the control of dogs within the Town
of Wilton and they shall be upon the effectiveness of this chapter
null and void.
This chapter shall become effective upon filing with the Secretary
of State.
