[HISTORY: Adopted by the Town Board of the Town of Warwick as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-11-1982 by Ord. No. 82-1 (Ch. 54 of the 1973 Municipal Code)]
The Town of Warwick, 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 article 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 article is enacted pursuant to the provisions of § 124 of Article 7 of the Agriculture and Markets Law.
The title of this article shall be the "Dog Control Ordinance of the Town of Warwick."
As used in this article, the following terms shall have the meanings indicated:
- AT LARGE
- 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. 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 article shall be owned by a person under 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 Warwick, to:
Be at large.
Engage in loud howling, barking, crying or whining or conduct itself in such manner as to unreasonably or habitually annoy any person.
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.
Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
Habitually chase, run alongside of or bark at motor vehicles or bicycles.
This article shall be enforced by any dog 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 Warwick.
Any dog found in violation of the provisions of § 77-5 may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
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.
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.
If the owner of any unredeemed dog is known, such owner shall be required to pay impoundment fees set forth in Subsection C whether or not such owner chooses to redeem his or her dog.
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 article may file a complaint under oath with a Justice of the Town of Warwick, 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 may serve as the basis for enforcing the provisions of this article.
Any dog 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 Warwick, having reasonable cause to believe that a person has violated this article, shall issue and serve upon such person an appearance ticket for such violation.
[Amended 6-23-1988 by L.L. No. 1-1988]
[Adopted 9-27-1978 by L.L. No. 2-1978 (Ch. 55 of the 1973 Municipal Code); amended in its entirety 11-18-2010 by L.L. No. 5-2010]
The purpose of this article is to provide for the licensing and identification of dogs. Effective January 1, 2011, the State of New York has relinquished the responsibility of dog licensing function to local municipalities and eliminated the Animal Population Control Fund. Local municipalities will now be required to adopt legislation relating to this issue.
As used in this article, 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.
- ANIMAL/DOG CONTROL OFFICER
- Any individual appointed by the Town Board to assist in the enforcement of this chapter.
- The Town Clerk, or Deputy Town Clerk, of the Town of Warwick, where licenses are to be validated or issued.
- DETECTION DOG
- Any dog that is trained and is actually used for such purposes or is undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband.
- Any member of the species canis familiaris.
- GEESE DOG
- Any dog that is trained to aid the Animal/Dog Control Officer in the control of geese within the boundaries of the Town.
- GUIDE DOG
- Any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the State of New York during the period such dog is being trained or bred.
- To provide food or shelter to any dog.
- HEARING DOG
- Any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog owned by a recognized training center located within the State of New York during the period such dog is being trained or bred for such training.
- IDENTIFICATION TAG
- A tag which sets forth an identification number, as required by the provisions set forth in this article.
- Any person who harbors or keeps any dog.
- PERSON WITH DISABILITY
- Any person with a disability as that term is defined in Subdivision 22 of Section 292 of the New York State Executive Law.
- POLICE WORK DOG
- Any dog owned or harbored by any municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.
- SERVICE DOG
- Any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability, provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative.
- THERAPY DOG
- Any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes and other settings and is actually used for such purpose, or any dog owned by a recognized training center located within the State of New York during the period such dog is being trained or bred for such purpose.
- Town of Warwick, including incorporated areas.
- WAR DOG
- Any dog which has been honorably discharged from the United States armed services.
- WORKING SEARCH DOG
- Any dog that is trained to aid in the search for missing persons and is actually used for such purposes; provided, however, that such services provided by said dog shall be performed without charge or fee.
Licensing of dogs.
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.
Application for a dog license shall be made to the Clerk.
The application shall state the sex, actual or approximate year of birth, breed, color(s), and official identification number of the dog, and other identification makers, if any, and the name, address, telephone number, county and town of residence of owner.
The application shall be accompanied by a license fee as listed below and a valid certificate of rabies vaccination or statement in lieu thereof. In the case of a spayed or neutered dog, 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.
The fees for a dog license shall be as follows:
Unspayed/unneutered dog: $20 per year (includes state-mandated $3 surcharge).
Spayed/neutered dog: $10 per year (includes state-mandated $1 surcharge).
There shall be no fee charged for the license issued for any detection dog, geese dog, guide dog, hearing dog, police work dog, service dog, therapy dog, war dog or working search dog.
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.
The Clerk shall provide a copy of the license to the owner and retain a record of the license in either paper or electronic format.
No license shall be transferrable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. The original issued identification tag shall remain the same for the life of the dog.
Every dog adopted out of the Town's animal shelter will obtain a license from the Clerk.
Purebred licenses. There will not be distinct purebred licenses as previously provided for by the state. Any and all existing purebred licenses will now be required to comply with § 77-13A of this chapter.
Rabies vaccination. The Clerk, at the time of issuing any license pursuant to this article, 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.
Enumeration. In addition to other applicable fees, any person applying for a dog license for a dog indentified 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 the enumeration. In the event 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 Town for any other lawful purpose.
Each dog licensed shall be assigned, at the time the dog is licensed for the first time, a permanent 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.
The official identification number 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.
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no charge.
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.
The identification tag shall be imprinted with the "Town of Warwick," a unique identification number, and the telephone number of the Town Clerk's office.
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 of record shall, within 10 days of such change, notify the Clerk.
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.
In the case of a dog's death, the owner of record shall so notify the Clerk either prior to renewal of license or upon the time of such renewal.
It shall be a violation, punishable as provided in Subsection B of this section, for:
Violations of this article shall be subject to a fine of not less than $50, except that:
[Amended 2-16-2012 by L.L. No. 1-2012]
[Amended 5-12-1994 by L.L. No. 3-1994; 2-16-2012 by L.L. No. 1-2012; 4-28-2016 by L.L. No. 3-2016]
Commencing on the effective date of this article, the dog impoundment fees shall be as follows:
[Amended 6-23-1988 by L.L. No. 1-1988; 2-16-2012 by L.L. No. 1-2012]
Commencing on the effective date of this article, penalties for violation of this article and of Article I shall be civil penalties as follows: