[HISTORY: Adopted by the Town Board of the
Town of Shandaken 12-6-2010 by L.L. No. 2-2010.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This local law also repealed former Ch.
69, Dogs, consisting of Art. I, Running at Large, adopted 8-9-1978
by L.L. No. 2-1978, and Art. II, Licensing Fees, adopted 1-9-1991
by L.L. No. 1-1991, as amended.
This chapter shall be known as the "Dog Control Law of the Town
of Shandaken."
The purpose of this chapter is to preserve the public peace
and tranquility in the Town of Shandaken and to adopt and enforce
certain regulations and restrictions on the activities of dogs and
owners of dogs for the public safety and welfare and for the preservation
and protection of the property and the persons and inhabitants of
the Town of Shandaken and to impose restrictions on the keeping, licensing
and identification of dogs within the Town of Shandaken.
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
Any unleashed dog off the premises of the owner and on property
open to the public or 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 "at large" if it is:
Pursuant to § 108, Subdivision 24, of the Agriculture
and Markets Law:
Dangerous dog" means any dog which:
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
Without justification attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
"Dangerous dog" does not include a police work dog, as defined
in Subdivision 18 of this section,[4] which acts in the manner described in this definition
while such police work dog is being used to assist one or more law
enforcement officers in the performance of their official duties.
Both male and female members of the species Canis familiaris
and shall include the singular and plural.
A person or persons appointed by the Town of Shandaken for
the purposes of enforcing this chapter and Article 7 of the Agriculture
and Markets Law of New York State.
An enclosed shelter that provides protection from the elements
for a dog.
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
Any dog trained or used for the purpose of protection of
people, premises and/or business.
To provide food or shelter to any dog.
Restrained by a leash attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
Any person, firm, association, corporation or entity who
or which at any time owns or has custody or control of or harbors
or is otherwise responsible for a dog, as well as any adult person
with whom a minor dog owner resides.
Shall have the meanings set forth in § 108 of the
Agriculture and Markets Law of the State of New York.
A.
It shall be a violation of this chapter for any owner of any dog
to permit or allow such dog to:
(1)
Be at large;
(2)
Be in any street, public park or any other public or private place
other than the owner's property unless restrained by a chain
or leash and in charge and under the control of a responsible person;
(3)
Engage in habitual loud howling, barking, whining or cause disturbing
noises or to conduct itself in such a manner as to habitually annoy
any person other than the owner of the dog. In the event that the
barking or disturbing noise continues for a period of 15 minutes in
a continuous or substantially continuous manner, the owner of the
dog shall be subject to a fine or penalty as hereinafter set forth;
(4)
Cause damage or destruction to property of a person other than the
owner of such dog or commit a nuisance by defecating or urinating
upon or digging at the premises of a person other than the owner of
the dog. All dog walkers must carry a refuse receptacle to remove
any feces;
(5)
Bite, chase, jump upon or otherwise harass any person in such a manner
as to cause intimidation or otherwise to put such a person in reasonable
apprehension of bodily harm or injury whether or not said dog is restrained
by a leash;
(6)
Chase, leap on or at bicycles or motor vehicles;
(7)
Kill or injure any dog, cat or other household pet;
(8)
Be over four months of age and not vaccinated against the rabies
virus, unless documentation is provided by a veterinarian, stating
that the dog cannot be vaccinated.
B.
Owners of a guard dog must post on all gates and entrances to the
property where the dog is kept, and also post in other conspicuous
places, signs which specifically state that there is a guard dog on
the premises.
A.
It shall be a violation of this chapter for any owner of any dog
to permit or allow the premises, structures or enclosures in which
such dog is kept to be unclean or unsanitary.
B.
Dogs that are kept out of doors shall be provided with an enclosed
shelter or doghouse constructed of wood and having three sides, a
floor and a roof. The front of the doghouse shall be constructed with
an opening of sufficient size as to allow the dog to enter but shall
not be completely open. During the winter months, said doghouse shall
be provided with hay, cedar chips, blankets or other such bedding
material as to keep the dog warm, to be placed inside said doghouse,
which material shall be replaced as needed.
C.
No puppy under the age of six months shall be kept outside during
the winter months when the temperature is below freezing (32°
F.).
D.
No person shall breed or attempt to breed or aid or abet the breeding
of any dog in any public place within the Town or any place within
the Town not entirely enclosed and completely screened from observation
within the enclosure. Any female dog that is in season (heat) shall
not be left outside unattended unless said dog is kept in an enclosed
kennel so as to prevent said dog from becoming loose and also to prevent
any male dog from harassing said female dog while in season.
E.
No dog or any other animal shall be left enclosed in a parked vehicle
without adequate ventilation or in such a way as to subject the animal
to temperatures sufficiently above the surrounding atmosphere which
would affect the animal's health and welfare. If any such animal
is deemed to be in distress, it may be removed from said vehicle to
prevent further risk to its health.
F.
No dog or any other animal shall be transported on any public thoroughfare
in any external part of any automobile or truck unless such dog or
animal is totally enclosed within such vehicle, within a secured container
carried upon the vehicle or securely cross-tethered to such vehicle
in such a way as to prevent falling out of or off or jumping out of
such vehicle and to prevent injury to the animal. No dog or any animal
shall be transported in the trunk of any vehicle.
Any person owning a dog that has been found to be dangerous
by a Town Justice under the Agriculture and Markets Laws of New York
State and ordered by the court to be confined shall adhere to the
following restrictions unless otherwise ordered by the court. Failure
to adhere to these restrictions will result in said dog being seized
whether on or off the owner's property and euthanized by a local
veterinarian. Thereafter, the dog shall be buried by the veterinarian
or by the owner, at the owner's expense.
A.
Said dangerous dog, when outside of the owner's dwelling, shall
be securely confined within an enclosed structure no smaller than
six feet by six feet. Said structure will be enclosed on four sides
and top. The floor area of said enclosure shall be concrete or other
type of material so as to prevent the dog from escaping by digging
out. The door, gate or other means of entry or egress shall be provided
with a lock or other device which cannot be opened by the dog. In
addition to preventing the dog from escaping, the enclosure must prevent
children or adults, other than owner of said dog, from gaining entry.
B.
The yard, house or apartment in which the dangerous dog is confined
or housed shall be posted (tagged) with a conspicuous notice(s) or
sign(s) using the words "Beware of Dog" that warns the public of the
nature of the animal which is confined. The sign shall be displayed
on the front and rear of the property and at each side gate(s) or
entrance(s). A similar sign should be posted or adjacent to the front
door. The lettering of the prominent and conspicuous warning or notice
should be at least two inches in height.
C.
Said dangerous dog, when outside the owner's dwelling or confinement,
shall be led by a chain or leash not exceeding six feet in length
and under the control of a responsible person capable of controlling
said dog.
D.
Said dangerous dog shall be muzzled when off the owner's property.
E.
The owner of said dangerous dog shall enroll said dog in an obedience
course. The dog must complete such course within 30 days of the court's
order. A certificate shall be presented to the Town of Shandaken upon
completion of said obedience course.
F.
The owner of said dangerous dog shall notify the Town of Shandaken
Dog Control Officer immediately in the event that said dog escapes,
bites another animal and/or human, dies or has a change of address.
G.
Said dangerous dog shall be spayed or neutered within 30 days of
the court's order, and proof of the same must be presented to
the Town of Shandaken Dog Control Officer.
H.
The destruction of any dog seized by the Dog Control Officer or peace
officer as herein provided shall be accomplished by methods approved
by the New York State Veterinary Medical Society. No dog seized hereunder
shall be sold or surrendered to any person, firm, organization or
institution for experimental use.
The Town Board shall appoint a Dog Control Officer or Officers
as needed. It shall be the duty of the Dog Control Officer or Officers
to enforce the terms of this chapter and the provisions of the laws
of the State of New York with respect to dogs in the Town of Shandaken.
A.
All dogs in the Town must be licensed with the Town Clerk by the
time that said dog attains four months of age. Owners are required
to present a current certificate of rabies vaccination at the time
of licensing said dog and at the time of renewal of any existing license.
Upon validation by the Town Clerk, a dog license shall be issued and
a record of its issuance retained by the Town Clerk.
B.
All dog licenses shall be valid for a period of one year. Licenses
shall not be transferrable.
C.
Fees for licensing of dogs.
(1)
Fees.
[Amended 8-3-2015 by L.L.
No. 1-2015]
(a)
The
fee for a spayed or neutered dog shall be $8, plus a surcharge of
$1 for the purpose of carrying out animal population control.
(b)
The
fee for an unspayed or unneutered dog shall be $14, plus a surcharge
of $3 for the purpose of carrying out animal population control.
(c)
A
replacement tag fee of $3 shall be charged to offset the costs associated
with the provision and replacement of identification tags.
(d)
Owners
who are 65 years of age and older shall be charged $1.50, plus a surcharge
of $1 for a dog license for spayed/neutered or unspayed/unneutered
dogs.
(e)
For
dogs that have been microchipped and which have an active account,
the fee for spayed/neutered dogs shall be $6, plus a surcharge of
$1. The fee for unspayed/unneutered shall be $12, plus a surcharge
of $3.
(2)
Such fees shall be reviewed by the Town Board from time to time and
may be changed by a resolution of the Town Board.
D.
The annual fee for each purebred license issued shall be as follows:
(1)
If no more than 10 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application: $25 per license, plus a surcharge
of $3 for the purpose of carrying out animal population control.
(2)
If no more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application: $50, plus a surcharge of
$3 for the purpose of carrying out animal population control.
(3)
If more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application: $100, plus a surcharge of
$3 for the purpose of carrying out animal population control.
E.
Notwithstanding anything to the contrary, there shall be no license
fee required for any license issued to a guide dog, police work dog,
war dog, hearing dog, detection dog, service dog or therapy dog as
defined in § 108 of the Agriculture and Markets Law.
F.
Notwithstanding anything to the contrary, no license shall be required
for any dog that is residing in a dog pound or shelter maintained
by or under agreement with the State of New York or any county, city,
town or village, or any duly incorporated society for the prevention
of cruelty to animals, or any duly incorporated humane society, or
duly incorporated dog protective association.
G.
All dog licenses shall be purchased at the Town Clerk's office
or may be requested by regular mail. However, if a licensing or renewal
of a license is done by mail, the appropriate fees must accompany
the application form.
H.
The Town Clerk shall retain a copy of each dog license issued and,
upon request, shall make a copy of same available to the Department
of Agriculture and Markets.
I.
In the event of a change of ownership of a dog or a change of address
of a dog, or in the event that a dog has been lost or stolen, notification
of same shall be given to the Town Clerk within 48 hours of said event.
A.
Any dog found to be at large in violation of this chapter, may be
taken into custody and impounded and thereafter redeemed, adopted,
or destroyed in accordance with the procedure set forth.
B.
After any such seizure and impounding, the owner of such animal,
if known, may be notified thereof. Such dog so seized and impounded
shall be held for a period of 10 days. The owner may redeem the dog
by producing a license for such dog and by paying a redemption fee
to the Town Clerk of $20 (retrieval fee), plus subsequent daily impounding
fees as follows: $10 each day for the first five days, and $20 per
day for the next five days (or sixth through 10th day). Upon the seizure
of an identified dog, the owner of record of such dog shall be notified
personally, or by regular and 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 the day of notice, during which period the dog may he 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.
[Amended 8-3-2015 by L.L.
No. 1-2015]
C.
If any impounded dog is not identified or redeemed by its owner after
10 days of date of notification, said dog may be available for adoption
by any responsible or proper person upon purchase of a dog license
and payment of adoption fees. If said identified dog is not redeemed
by its owner after due notice by mail after 10 days from the date
of the letter of notification, said dog may be available for adoption
by any responsible or proper person upon purchase of a dog license
and payment of adoption fees.
D.
For all male and female dogs that are adopted, the owner must furnish
proof from a veterinarian to the Dog Control Officer that the male
or female dog has been spayed or neutered within three months of the
date of adoption or by the dog's six-month birthday, whichever
comes first, following release from the kennel and delivery to the
new owner. Failure to comply will result in said dog being seized
by the Town of Shandaken Dog Control Officer, and title of ownership
will be forfeited and the dog will become the property of the Town
of Shandaken Dog Control Officer, to either adopt or euthanize.
Any person who violates this chapter or knowingly permits the
violation of this chapter or any of its provisions or who shall molest,
obstruct or interfere with the Dog Control Officer while engaged in
the enforcement of this chapter shall be deemed to have committed
an offense against this chapter, and any person convicted of any such
violation shall be liable to the following fines:
A.
No less than $15 nor more than $100 and/or imprisonment for not more
than 15 days for the first violation.
B.
No less than $50 nor more than $100 and/or imprisonment for not more
than 15 days for a second violation which occurs within five years
of the first violation.
C.
No less than $75 nor more than $100 and/or imprisonment for not more
than 15 days for the third and subsequent violations which occur within
five years of the first violation.
Any person who believes that he or she has observed a violation
of this chapter shall file a complaint under oath with the Dog Control
Officer of the Town of Shandaken 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. Such complaint shall serve as
the basis for enforcing the provisions of this chapter.
A.
Any Dog Control Officer employed by the Town of Shandaken observing a violation of this chapter in his presence or upon obtaining a written complaint under § 69-10 above may in his or her discretion issue and serve upon such person an appearance ticket for such violation.
B.
In case of violation of § 69-5A, B, C or D above or a violation of the Agriculture and Markets Law is alleged, an order to remedy the violation will be served along with an appearance ticket. The owner of said animal will be given seven days in which to remedy the violation. An additional appearance ticket can be issued after this seven-day period if the violation still exists, and additional appearance tickets can be issued accordingly until the violation is corrected.
C.
No action shall be maintained against the Town, its officers, agents,
servants, employees, or designated contractors when acting pursuant
to his or her duties, to recover the possession or value of any dog,
or for damages or injury or compensation for the destruction of any
dog seized or destroyed pursuant to the provisions of this chapter
or the Agriculture and Markets Law.
D.
If any part or provision of this chapter or the application thereof
to any person or circumstance be judged invalid by any court of competent
jurisdiction, such judgment shall be confined to the part or provision
or application directly involved in the controversy in which such
judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this chapter or the application thereof
to other persons or circumstances, and the Town Board of the Town
of Shandaken hereby declares it would have passed this chapter or
the remainder thereof had such invalid application or invalid provision
been impaired.
The provisions of this chapter shall supersede all prior inconsistent
local laws or ordinances regarding the licensing of dogs.
The provisions of this chapter are severable. If any part hereof
is held to be invalid or unconstitutional by a court of competent
jurisdiction, said determination shall not affect the validity of
the remaining provisions of this chapter.
The provisions of this chapter shall take effect on January
1, 2011, after the filing of this chapter with the Secretary of State.
