[HISTORY: Adopted by the Town Board of the
Town of North Greenbush 7-14-1983 as L.L. No. 6-1983 (Ch. 60 of the
1981 Code). Amendments noted where applicable.]
The Town of North Greenbush, New York, finds
that the running at large and other uncontrolled behavior of dogs
has caused physical harm to persons, damage to property and 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 and regulations upon the keeping or running at large
of dogs and the seizure thereof within the Town.
This chapter is enacted pursuant to the provisions
of § 124 of Article 7 of the Agriculture and Markets Law.
The title of this chapter shall be "Dog Control
Law of the Town of North Greenbush."
As used in this chapter, the following terms
shall have the meanings indicated:
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:
A.
Accompanied by and under the immediate supervision
and control of the owner or other responsible person;
B.
A police work dog in use for police work; or
C.
HARBOR
OWNER
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.
To provide food or shelter to any dog.
Any person who harbors or keeps any dog. In the event any
dog found in violation of this chapter shall be owned by a person
under eighteen (18) years of age, the "owner" shall be deemed to be
the parent or guardian of such person or the head of the household
in which said person resides.
It shall be unlawful for any owner of any dog
to permit or allow such dog in the Town of North Greenbush to:
A.
Be at large;
B.
Engage in habitual loud howling, barking, crying or
whining or conduct itself in such a manner as to unreasonably and
habitually annoy any person;
C.
Cause damage or destruction to property or commit
a nuisance by defecating or urinating upon the premises of a person
other than the owner of such dog;
D.
Chase or otherwise harass any person in such a manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury; or
E.
Habitually chase, run alongside of or bark at motor
vehicles or bicycles.
This chapter shall be enforced by any animal
control officer, peace officer when acting pursuant to his special
duties or police officer in the empty of or under contract to the
Town of North Greenbush.
A.
Any dog found in violation of the provisions of § 83-5 of this chapter may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
B.
Every dog seized shall be properly cared for, sheltered,
fed and watered for the redemption periods set forth in § 118
of the Agriculture and Markets Law.
C.
Seized dogs may be redeemed by producing proof of
licensing and identification pursuant to the provisions of Article
7 of the Agriculture and Markets Law and by paying the impoundment
fees set forth in § 118 of said Article.
D.
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section whether or not such owner chooses to redeem his or her dog.
E.
Any dog unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption or euthanized
pursuant to the provisions of § 118 of the Agriculture and
Markets Law.
Any person who observes a dog in violation of
this chapter may file a complaint under oath with any enforcement
officer of the Town of North Greenbush, specifying the nature of the
violation, the date thereof, a description of the dog and the name
and residence, if known, of the owner of such dog. The enforcement
officer shall then file such complaint with the Town Court. Such complaint
may serve as the basis for enforcing the provisions of this chapter.
Any animal control officer, peace officer when
acting pursuant to his special duties or police officer in the employ
of or under contract to the Town of North Greenbush observing a violation
of this chapter in his presence shall issue and serve an appearance
ticket for such violation.
Any person convicted of a violation of this
chapter shall be deemed to have committed a violation and shall be
subject to a fine not exceeding two hundred fifty dollars ($250.)
or imprisonment for a period not exceeding fifteen (15) days. No person
shall be subject to a fine of more than twenty-five dollars ($25.)
for a first conviction of a violation of this chapter and no person
shall be subject to imprisonment for a first or second conviction
of a violation of this chapter.
