[HISTORY: Adopted by the Town Board of the Town of Wappinger 11-18-2010 by L.L. No.
4-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
68, Animals, comprised of Art. I, Dog Control, adopted 9-13-1999 by
L.L. No. 6-1999, as amended; and Art. II, Licensing Fees, adopted
8-18-2003 by L.L. No. 9-2003, amended in its entirety 6-14-2004 by
L.L. No. 10-2004.
A.
The purpose of this chapter is to provide for the licensing and identification
of dogs, the control and protection of the dog population, the protection
of persons, property, domestic animals and deer from dog attack and
damage, and to otherwise 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.
B.
This chapter is also intended to implement the recent amendments
to the Agriculture and Markets Law enacted pursuant to Part T of Chapter
59 of the Laws of 2010. The amendments to the Agriculture and Markets
Law provided for two major changes:
This chapter is authorized pursuant to the provisions of Part
T of Chapter 59 of the Laws of 2010 amending Article 7 of the Agriculture
and Markets Law and pursuant to the Municipal Home Rule Law of the
State of New York.
The title of this chapter shall be "Dog Control Law."
As used in this chapter, the following words shall have the
following respective meanings:
The Town Clerk of the Town of Wappinger.
A dog which qualifies as dangerous pursuant to the provisions
of the Agriculture and Markets Law.
Male and female, licensed and unlicensed, members of the
species canis familiaris.
A person authorized by the Town Board by resolution to enforce
the provisions of this chapter. The Dog Control Officer shall have
the power to execute the provisions of this chapter, including service
of a summons, the service of an appearance ticket pursuant to and
in accordance with § 126 of the Agriculture and Markets
Law of the State of New York and the service and execution of any
other order of process, to appear and prosecute any matter arising
under this chapter or Article 7 of the Agriculture and Markets Law.
On more than one occasion within a thirty-day period.
A tag, issued by the Clerk to the owner of a specific dog,
containing a serial number, the name of the licensing municipality
(Town of Wappinger), the state name, the contact phone number for
the Clerk's office, and any such other information as the Town
Clerk of the Town of Wappinger may deem appropriate.
Any person or entity entitled to claim lawful custody and
possession of a dog and who is responsible for purchasing the license
for such dog unless the dog is, or has been, lost and such loss was
promptly reported to the Town of Wappinger Dog Control Officer or
the Town of Wappinger Town Clerk, and a reasonable search has been
made. If a dog is not licensed, the term "owner" shall be deemed to
include any person or persons, firm, association or corporation who
or which, at any time, owns or has possession, custody or control
of, harbors or otherwise maintains any dog which is kept, brought,
or comes within the jurisdictional boundaries of the Town of Wappinger.
Any person who owns or harbors a dog for a period of one week prior
to the filing of any complaint charging a violation of this chapter
shall be deemed to be the owner of said dog. If the owner of any dog
is under 18 years of age, the head of the household in which said
minor resides shall be deemed to have custody and control of said
dog and shall be responsible for any acts of the said dog in accordance
with this chapter.
Any individual, male or female, over the age of 16 years,
other than the owner, who at any time has possession, custody or control
of any dog.
Any dog which is unrestrained by a leash or other tether
and walks, runs, or roams in a public place or on private land without
the knowledge, consent and approval of the owner of such lands.
The Town of Wappinger.
A.
All dogs aged four months or older located, owned or harbored in
the Town of Wappinger, unless otherwise exempted, shall be licensed
as herein provided. The owner of each dog required to be licensed
shall obtain, complete and return to the Town Clerk of the Town of
Wappinger a dog license application together with the license application
fee, any applicable license surcharges and such additional fees as
may be established by the Town of Wappinger or otherwise authorized
by the Agriculture and Markets Law. Each license application shall
be accompanied by proof that the dog has been vaccinated against rabies
or a statement from a licensed veterinarian that such vaccination
would endanger the dog's life, in which case vaccination shall
not be required. Each license issued shall be valid for a period of
one year or for such other period as authorized by this chapter. Such
license shall not be transferrable.
B.
The application shall be on forms prepared by the Clerk and shall
contain the following information: name of dog, sex of dog, whether
the dog is spayed or not spayed, neutered or not neutered, actual
or approximate age of dog, the breed of the dog, the primary and secondary
colors of the dog, any identifying markings or tattoos on the dog,
the physical and mailing address of the dog owner and a working phone
number for the owner of the dog. The Town Clerk of the Town of Wappinger
may also require additional information on such application as deemed
appropriate.
C.
A dog owner applying for an initial license shall make such application
in person at the Town Clerk's office. Subsequent renewals of
dog licenses may be made via regular mail or recognized overnight
delivery service, provided that the renewal application is accompanied
by a statement certified by a licensed veterinarian stating 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 reasons the life of the dog or dogs would be endangered by
the administration of vaccine or as required by § 109.2
of the Agriculture and Markets Law.
D.
The Clerk, at the time of issuing any license pursuant to this section,
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 old age or other reasons
the life of the dog or dogs would be endangered by the administration
of vaccine.
E.
Rabies certificates shall be honored for either a one-year license
period, two-year license period or a three-year license period as
stated in the veterinarian certificate.
F.
In the case of a spayed or neutered dog, the application for a license
or renewal thereof shall be accompanied by a certificate, signed by
a licensed veterinarian, certifying that the dog has been spayed or
neutered, unless such certificate has already been placed on file
with the Town Clerk.
G.
Dogs will be licensed for one-, two- or three-year license periods. The expiration date will be the last day of the month of issuance, one, two or three years from the date of issue, depending on the length of term chosen by, and paid for by, the owner of said dog except as provided by Subsection H below.
H.
No dog license shall be issued for a period expiring after the last
day of the 11th month following the expiration date of the current
rabies certificate for the dog being licensed.
I.
No dog license shall be issued by a shelter, or any other entity,
on behalf of the Town of Wappinger.
J.
No dog license shall be transferable; upon the transfer of ownership
of any dog, the new owner shall immediately make application for and
obtain a license for such dog.
K.
The Town of Wappinger will not issue purebred or kennel licenses.
All dogs will be licensed individually in accordance with this chapter.
L.
Dog licenses issued by another agency, municipality or shelter will
not be recognized by the Town of Wappinger. The Town of Wappinger
does not credit unexpired terms of licenses issued by another municipality,
nor does it refund licensing fees for any reason, including, but not
limited to, dogs and dog owners that relocate to a municipality other
than the Town of Wappinger; dogs that are no longer alive; dogs that
are relinquished or transferred to another owner; and dogs that are
missing, gone or lost. Notwithstanding the foregoing, any dog harbored
within the Town of Wappinger by a resident of the City of New York
and licensed by the City of New York, or which is owned by a nonresident
of New York State and licensed by a jurisdiction outside of the State
of New York, shall for a period of 30 days be exempt from the licensing
and identification provisions of this chapter.
M.
The Town Clerk shall provide the dog owner with a copy of the dog
license and retain a copy in the Town Clerk's office in accordance
with the New York State Archives Records Retention and Disposition
Schedule, MU-1.
A.
In the event of a change in the ownership of any dog which has been
licensed pursuant to this chapter, 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 Town Clerk of the Town of Wappinger
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.
B.
If any dog which has been licensed pursuant to this chapter is lost
or stolen, the owner of record shall, within 10 days of the discovery
of such loss or theft, file with the Town Clerk of the Town of Wappinger
a written report of such loss or theft. In the case of a 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 with the Clerk.
C.
In the case of a dog's death, the owner of record shall so notify
the Town Clerk of the Town of Wappinger either prior to the renewal
of licensure or upon the time of such renewal as set forth by the
Town of Wappinger.
A.
Each dog licensed in the Town of Wappinger will be issued a serialized identification tag (ID tag). Such ID tag shall be affixed to the collar of such dog at all times. Dogs participating in a dog show are not required to display an ID tag during such participation. The ID tag shall contain the information set forth in § 68-4 above.[1]
B.
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which that number has been
assigned.
A.
Fees for dog licenses are set forth in Chapter 122, Article IV, § 122-16C(3) of the Code of the Town of Wappinger.
B.
Dog licensing fees shall be determined by the Town Board of the Town
of Wappinger and may be amended at any time by said Town Board. All
revenue derived from such fees shall be the sole property of the Town
of Wappinger and shall be used only for controlling dogs and enforcing
this chapter.
C.
In addition to the fees set forth in Chapter 122, Article IV, § 122-16C(3), of the Code of the Town of Wappinger, an additional $3 per year shall be assessed to a license for a dog that is not spayed or not neutered and an additional $1 per year shall be assessed to a license for an altered (spayed or neutered) dog. This additional charge is assessed for the purposes of carrying out animal population control efforts. These surcharge fees will be remitted by the Town Clerk, on a monthly basis, to the state-designated entity chosen to oversee the Animal Population Control Fund.
D.
When the Town Board of the Town of Wappinger determines the need
for a dog enumeration or dog census, a fee of $5 will be assessed
to the owners of all dogs found to be unlicensed at the time the enumeration
is conducted. Such fees shall be the sole property of the Town of
Wappinger and shall be used to pay the expenses incurred by the Town
in conducting the enumeration. In the event that the additional fees
collected exceed the expenses incurred by the Town in conducting an
enumeration in any year, such excess fees may be used by the municipality
for enforcing this chapter and for animal population control programs.
E.
The licensing process and fees set forth in this chapter, and in Chapter 122 of the Town Code, do not apply to any wholesale dog breeders licensed with the United States Department of Agriculture, to any dog confined to the premises of any public or private animal hospital devoted solely to the treatment of sick animals, or to any dog confined for the purposes of research at the premises of any college or other educational or research institution.
F.
Certified guide dogs, war dogs, police dogs, therapy dogs, service dogs, hearing dogs or detection dogs shall be exempt from any licensing fee. However, the owner of any certified guide dog, war dog, police dog, therapy dog, service dog, hearing dog or detection dog must, however, maintain a current license in accordance with § 68-5 of this chapter. Special tags will not be issued for dogs exempt from fees pursuant to this subsection.
It shall be unlawful for any owner or responsible person of
any dog in the Town to permit or allow such dog to:
A.
Run at large off the premises of the owner unless the dog is accompanied
by its owner or a responsible person and under the full control of
such owner or person. For the purpose of this chapter, a dog or dogs,
while hunting in the company of a hunter or hunters, shall be deemed
accompanied by its owner;
B.
Engage in habitual and loud howling, barking, crying or whining or
conduct itself in such a manner as to unreasonably and habitually
disturb the peace, comfort, or repose of any person other than the
owner of such dog;
C.
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or other property of another person or entity without the consent
or approval of the property owner thereof;
D.
Chase, jump upon, attack, or otherwise harass any person in such
a manner as to reasonably cause intimidation or fear or to put such
person in reasonable apprehension of or fear of bodily harm; chase,
jump upon, attack any other animal whether or not it caused such animal
physical or bodily harm;
E.
Habitually chase, run alongside of or bark at motor vehicles, motorcycles,
bicycles or pedestrians while on a public street, highway or place,
or upon private property, without the consent or approval of the owner
of such property;
F.
Create a nuisance by defecating, urinating or digging on public property
or on private property without the consent or approval of the owner
of such property;
G.
If a female dog, when in heat, be off the owner's premises unrestrained
by a leash; or
This article shall be enforced by the Dog Control Officer, any
law enforcement officer, or any peace officer.
A.
The Dog Control Officer, any law enforcement officer, or any peace
officer observing a violation of this chapter in his or her presence
or having reasonable cause to believe that a person has violated the
provisions of this chapter, or harbored a dog in violation of this
chapter, shall issue and serve an appearance ticket for such violation.
The appearance shall be in the form prescribed by the provisions of
§ 126 of the Agriculture and Markets Law, as it may be amended
from time to time hereafter, and this chapter.
B.
The Dog Control Officer, any law enforcement officer, or any peace
officer shall seize any unlicensed dog, whether on or off the owner's
premises; any dog not wearing a tag and which is not on the owner's
premises; or any dog found in violation of any provision of this chapter.
The Dog Control Officer, law enforcement officer, or peace officer
may also investigate and commence a proceeding pursuant to § 121
of the Agriculture and Markets Law[1] involving any dangerous dog, as described in that section,
and see that the order of the Town Justice in such case is carried
out.
[1]
Editor's Note: Former § 121 of the Agriculture
and Markets Law, which related to dangerous dogs, was renumbered as
§ 123 by L. 2010, c. 59, Pt. T, § 18, effective
1-1-2011.
C.
Any person who observes a dog in violation of this chapter may file
a complaint, under oath, as that term is defined by the Criminal Procedure
Law, with the Town Justice, stating the nature of the violation, the
date thereof, a description of the dog and the name and address of
the residence of the owner of such dog, if known. The Dog Control
Officer, law enforcement officer, or peace officer shall be authorized
to assist any such person in making such a complaint. Such a complaint
may serve as the basis for enforcing the provisions of this chapter.
A.
The Dog Control Officer, any law enforcement officer, or any peace
officer shall seize:
(1)
Any dog which has violated any of the provisions of this chapter
or Article 7 of the Agriculture and Markets Law;
(2)
Any dog which is not licensed, whether on or off the owner's
premises;
(3)
Any dog which is not wearing an identification tag, not identified,
and which is not on the owner's premises;
(4)
Any licensed dog which is not in the control of its owner or a responsible
person and not on the premises of the dog's owner or a responsible
person; and
(5)
Any dog which poses an immediate threat to the public health and
safety or otherwise qualifies as a dangerous dog pursuant to the provisions
of the Agriculture and Markets Law.
B.
The Dog Control Officer, any law enforcement officer, or peace officer
may also investigate and commence a proceeding pursuant to § 123
of the Agriculture and Markets Law involving any dangerous dog, as
described in said section and shall carry out any order of the Town
Justice of the Town of Wappinger in connection therewith. Any such
dog shall be impounded or taken to such place as may be designated
by the Town Board as a place of detention, until disposition thereof
shall have been made in accordance with the provisions of this chapter.
C.
Promptly upon seizure, the Dog Control Officer, law enforcement officer,
or peace officer shall issue and serve an appearance ticket on the
dog owner and shall carry out any order of the Town Justice of the
Town of Wappinger or any Justice having jurisdiction of the matter.
D.
Each seized dog which is not identified, whether licensed or not, 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 relevant redemption and impoundment fees in accordance with Chapter 122 of the Town Code.
E.
All monies collected as fines or penalties as a result of any prosecution
for violations of the provisions of this chapter, and all bail forfeitures
by persons charged with such violations, shall be the sole property
of the Town of Wappinger and shall be used only for controlling dogs
and enforcing this chapter.
F.
An owner shall forfeit title to any dog unredeemed at the expiration
of the redemption period, and the dog shall then be made available
for adoption or shall be euthanized pursuant to the provisions of
Subdivisions 2-a, 2-b, 2-c, 2-d and 2-e of § 374[1] of Chapter 59 of the Laws of New York, 2010.
[1]
Editor's Note: Subdivisions 2-a through 2-e of § 374
of the Agriculture and Markets Law were repealed by L. 2009, c. 479,
§ 1, eff. 10-9-2010.
G.
Any person who observes a dog in violation of this chapter may file
a complaint under oath with the Town Justice, Dog Control Officer,
law enforcement officer or peace officer, specifying the nature of
the violation, the date thereof, a description of the dog and the
address, if known, of the owner of such dog. Such complaint is subject
to the Freedom of Information Act. However, all identifying information
pertaining to the complainant shall be redacted prior to the release
of such complaint. Such complaint may serve as a basis for enforcing
the provisions of this chapter.
A.
Any dog seized by the Dog Control Officer, any law enforcement officer,
or any peace officer shall be deemed to be in the control of the Dog
Control Officer and shall continue to be impounded or otherwise held
in accordance with this chapter and be held by him or her for the
following prescribed time periods:
[Amended 4-14-2014 by L.L. No. 3-2014]
B.
At any time during the period of redemption, the owner of any dog seized may redeem such dog, provided that such owner produces proof that the dog has been licensed and has been identified, provided that the owner pays all relevant redemption and impoundment fees as set forth in Chapter 122, Article IV, § 122-16C, of the Code.
An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period and the dog shall then be available
for adoption or euthanized. The Town should keep for one year a record
of the disposition of all dogs seized, which records shall be open
to public inspection.
A.
At the expiration of the appropriate redemption period, an unredeemed dog may be made available for adoption upon payment of the adoption fees as set forth in Chapter 122, Article IV, § 122-16C(2), of the Code.
B.
Adoption of either a male or female dog shall be further conditioned
upon the provision that the dog shall be spayed or neutered before
release from custody of the Dog Control Officer and at the expense
of the adoptive owner. Puppies six months and under shall be exempt
from the spaying and neutering requirements. They shall be released
from custody on the express written stipulation that at such time
as the owner's veterinarian deems it appropriate, that such dog
shall then be spayed or neutered. Such written stipulation shall be
provided to the Dog Control Officer who shall verify its compliance
by written certificate from the veterinarian that such spaying or
neutering has been performed at the appropriate time. Failure to comply
with such stipulation shall be a violation of this chapter and be
grounds for seizure of said dog.
The owner of a dog who is issued an appearance ticket pursuant to § 68-10 herein may answer the same by registered or certified mail, return receipt requested, within five days of the service of the appearance ticket as hereunder provided in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.
A.
For each case commenced in a local Justice Court, the Dog Control
Officer, law enforcement officer, or peace officer shall immediately
file an information with the Town Justice. Said information shall
be filed with the appearance ticket, if an appearance ticket is issued.
If no appearance ticket is issued, the information shall be filed
with the court and the action otherwise commenced and jurisdiction
over the defendant made in accordance with the Criminal Procedure
Law.
B.
The defendant charged with a violation of the chapter may himself
or herself plead guilty to the charge in open court. He or she may
also submit to the Town Justice having jurisdiction, in person, by
duly authorized agent or by registered mail, a statement that waives
arraignment in open court and the aid of counsel, that he or she pleads
guilty to the offense charged, that he or she elects and requests
that the charge be disposed of and the fine penalty fixed by the court,
of any explanation that he or she desires to make concerning the offense
charge and that he or she makes all statements under penalty of perjury.
Thereupon, the Town Justice 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 be paid and discharged in full. If
upon receipt of the aforesaid statement the defendant shall deny the
same, the Justice shall thereupon notify the defendant of this fact,
and that he is required to appear before the Justice at a stated time
and place to answer the charge which shall thereafter be disposed
of pursuant to the applicable provisions of law.
A.
Any person convicted of a violation of this chapter and/or Article 7 of the Agriculture and Markets Law shall be deemed to have committed a violation and shall be subject to a fine in the amount set forth in § 122-20D(1) of the Code of the Town of Wappinger or imprisonment for a period not to exceed 15 days.
B.
Every person violating any provisions of this chapter shall also be subject to a civil penalty in the amount set forth in § 122-20D(1)(c) of the Code of the Town of Wappinger.
