[HISTORY: Adopted by the Town Board of the
Town of Stillwater 7-15-2004 by L.L. No. 5-2004. Amendments noted where
applicable.]
The purpose of this chapter is to promote the
health, safety and general welfare of the people of the Town of Stillwater,
New York, including the protection of the property of the Town and
its inhabitants, and the preservation of peace and good order by establishing
procedures for licensing of dogs, imposing restrictions upon the keeping
and running of dogs, and adopting provisions for the control of certain
other animals within the Town.
A.
This chapter is adopted pursuant to the general powers
granted to the Town of Stillwater by the Constitution and laws of
the State of New York, and granted in particular by Articles 7, 25-B
and 26 of the Agriculture and Markets Law.
B.
All persons, companies or corporations who own, harbor
or have the custody and control of any animal will comply with Articles
7, 25-B and 26 of the Agriculture and Markets Law, the New York Codes,
Rules and Regulations pertaining to said Articles, and this chapter
when such animal is within the corporate limits of the Town of Stillwater,
New York.
This chapter hereby repeals Local Law No. 3
of 1979 (Dog Control Law of the Town of Stillwater) and Local Law
No. 2 of 2003 (Dog Control Law of the Town of Stillwater).
A.
In addition to any powers conferred by this chapter,
Animal Control Officers appointed by the Town Board of the Town of
Stillwater shall also have the powers of Dog Control Officers as defined
and enumerated in Article 7 of the Agriculture and Markets Law.
B.
Every Animal Control Officer of the Town of Stillwater
shall have the power to issue an appearance ticket pursuant to § 150.20
of the Criminal Procedure Law, to serve a summons and to serve and
execute any other order or process in the execution of the provisions
of Article 7 of the Agriculture and Markets Law and this chapter.
Prosecution pursuant to the Criminal Procedure Law shall be the responsibility
of the Town Attorney or attorney hereinafter designated by the Town
Board.
C.
In addition to any powers conferred by this chapter,
police officers appointed by the Town Board of the Town of Stillwater
shall also have the powers of Dog Control Officers as defined and
enumerated in Article 7 of the Agriculture and Markets Law, as well
as those powers enumerated in Articles 25-B and 26 of the Agriculture
and Markets Law.
D.
In addition, any Animal Control Officer or any peace
officer, when acting pursuant to his special duties, or police officer,
who is authorized by the Town of Stillwater to assist in the enforcement
of Article 7 of the Agriculture and Markets Law and this chapter may
serve any process, including an appearance ticket, a uniform appearance
ticket and a uniform appearance ticket and simplified information,
related to any proceeding, whether criminal or civil in nature undertaken
in accord with the provisions of said Article 7, this chapter, or
any ordinance promulgated pursuant to said Article 7.
E.
Every Animal Control Officer, peace officer, when
acting pursuant to his special duties, or police officer shall promptly
make and maintain a complete record of any seizure and subsequent
disposition of any dog in the Town of Stillwater. Such record shall
include, but not be limited to, a description of the dog, the date
and hour of seizure, the official identification number of such dog,
if any, the location where seized, the reason for seizure, and the
owner's name and address, if known.
F.
Every Animal Control Officer appointed by the Town
of Stillwater shall file and maintain, in the manner prescribed by
the Commissioner, such records as may be required by this chapter
or rules and regulations promulgated pursuant thereto, and shall make
such reports to the Commissioner as may be required thereby.
As used in this chapter, the following terms
shall have the meanings indicated:
Any animal that is off the premises of the owner or off the
premises of the custodian of the animal or not under the immediate
control of the owner or custodian. As used in this section, the term
"control" shall mean that the dog shall be held on a leash of sufficient
strength not exceeding 10 feet in length. No animal shall be deemed
to be at large if it is:
A guide dog actually leading a blind person;
A police work dog in use for police work;
A dog 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; or
A dog accompanied by its owner or other responsible
person, or left alone with a flock/herd of animals, when actively
engaged in agricultural operations such as herding or predator control.
The State Commissioner of Agriculture and Markets.
One that has an animal in his or her custody.
Any member of the species canis familiaris.
Any domesticated sheep, horse, cattle, llama, alpaca, goat,
swine, fowl, duck, goose, turkey, confined domestic hare or rabbit,
pheasant or other bird which is raised in confinement under license
from the State Department of Environmental Conservation before release
from captivity, except that the varieties of fowl commonly used for
cockfights shall not be considered domestic animals for the purposes
of this chapter.
Any dog that is trained to aid the blind and is actually
used for such purpose, or any dog owned by a recognized guide dog
training center located within the state during the period such dog
is being trained or bred for such purpose.
To provide food or shelter to any animal.
Any dog, cat or other domesticated animal normally maintained
in or near the household of the owner or person who cares for such
domesticated animal. A "household pet" shall not be considered a "domestic
animal" as defined in this section.
A tag which sets forth an official identification number
as required by the provisions of this chapter.
Any dog carrying an identification tag as provided in this
chapter.
[Amended 12-16-2010 by L.L. No. 1-2011]
Any person who harbors or keeps any animal, except that,
if the owner is a person under 18 years of age, then the owner shall
be deemed to be the parent or guardian of such person.
The person in whose name any dog was last licensed pursuant
to either this chapter or the Agriculture and Markets Law in effect
at time of licensure, except that, if any license is issued on application
of a person under 18 years of age, the owner of record shall be deemed
to be the parent or guardian of such person. If it cannot be determined
in whose name any dog was last licensed or if the owner of record
has filed a statement pursuant to the provisions of § 112
of Article 7 of the Agriculture and Markets Law, the owner shall be
deemed to be the owner of record of such dog, except that, if the
owner is under 18 years of age, the owner of record shall be deemed
to be the parent or guardian of such person.
[Amended 12-16-2010 by L.L. No. 1-2011]
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
Any dog owned or harbored by any state or 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.
Any dog which has been honorably discharged from the United
States Armed Services.
A.
Licensing of dogs.
(1)
The owner of any dog then four months of age or older
shall make application for a dog license. No license shall be required
for any dog which is under the age of four months and which 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 and
shall be renewable annually thereafter prior to the expiration date.
(2)
Application for a dog license shall be made to the
Clerk of the Town of Stillwater. The Town Board of the Town of Stillwater
may, by resolution, authorize that such application be made to one
or more named Dog Control Officers of the Town of Stillwater. The
issuance of any license by any such Officer shall be under the control
and supervision of the Town Clerk. In the case of a seized dog being
redeemed or a dog being otherwise obtained from a county animal shelter
or pound, such application may be made to the County Dog Control Officer
in charge of such facility, provided that such Officer has been authorized
by resolution of the Town Board of the Town of Stillwater to accept
such applications.
[Amended 12-16-2010 by L.L. No. 1-2011]
(3)
The application shall state the sex, actual or approximate
age, breed, color and official identification number of the dog and
other identification marks, if any, and the name, address, telephone
number, county and town, city or village of residence of the owner.
(4)
The application shall be accompanied by the license application fee, any applicable license surcharges and such additional fees as required by Subsection D of this section, and a certification of rabies vaccination or statement in lieu thereof, as required by Subsection C of this section. 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 that such certificate shall not be required if the same is already on file with the Clerk or authorized Dog Control Officer.
[Amended 12-16-2010 by L.L. No. 1-2011]
(5)
Upon validation by the Clerk or authorized Dog Control
Officer, the application shall become a license for the dog described
therein. Once an application has been validated, no refund therefor
shall be made.
(7)
No license shall be transferable. Upon the transfer
of ownership of any dog, the new owner shall immediately make application
for a license for such dog.
C.
Rabies.
(1)
Vaccinations. The Clerk or authorized Dog Control
Officer, at the time of issuing any license pursuant to this chapter,
shall require the application to present a statement certified by
a licensed veterinarian, showing 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 reason,
the life of the dog or dogs would be endangered by the administration
of vaccine. The Clerk or authorized Dog Control Officer shall make
or cause to be made from such statement a record of such information
and shall file such record with a copy of the license. Such records
shall be made available to the Commissioner of Agriculture and Markets
upon request for rabies and other animal disease control efforts.
[Amended 3-20-2006 by L.L. No. 2-2006; 12-16-2010 by L.L. No. 1-2011]
(2)
Report of rabies. Every dog having rabies or suspected
of being infected with rabies shall be reported immediately to the
Department of Public Safety or Health Officer, and the owner shall
promptly comply with any and all directions the Health Officer and/or
the Animal Control Officer shall give with reference to the observation
of such animal or the continued confinement, immunization or other
disposition to be made of such animal under the provisions of Section
2.14 of Part 2 of the State Sanitary Code, or otherwise.
(3)
Report of bites. Every owner of a dog shall immediately
report to the Department of Public Safety, Health Officer or Animal
Control Officer every case where a person has been bitten by a dog.
(4)
Failure to confine. Every owner failing to confine
a dog after being directed to do so by the Health Officer and/or Animal
Control Officer shall be guilty of violating the provisions of this
chapter.
D.
Dog license fees.
(1)
The fee for each dog license issued by the Town of
Stillwater shall be:
[Amended 5-15-2008 by L.L. No. 1-2008; 12-16-2010 by L.L. No. 1-2011]
(3)
There shall be no fee for any license issued for any
guide dog, war dog or police work dog. Each copy of any license for
such dogs shall be conspicuously marked "guide dog," "war dog" or
"police work dog," as may be appropriate, by the Clerk or authorized
Dog Control Officer.
(4)
There shall be a $20 fee for the adoption of any dog
seized under any portion of this chapter or the Agriculture and Markets
Law.
(5)
Late penalty for dog licenses. Any person, company
or corporation who fails to license his or her dog in accordance with
this chapter shall be assessed a civil penalty of $10 per month for
each dog, in addition to the required license fees.
(6)
In addition
to the license fee established by this chapter, pursuant to Agriculture
and Markets Law § 110, Subdivision 3, each applicant for
a dog license shall pay the following surcharges, which shall be submitted
to the Department of Agriculture and Markets for the Animal Population
Control Fund:
[Added 12-16-2010 by L.L.
No. 1-2011]
E.
Identification of dogs.
(1)
Each dog licensed by the Town of Stillwater shall
be assigned, at the time the dog is first licensed, 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 during which the dog is not on the premises
of the owner.
(2)
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.
(3)
At the time a dog is first licensed, one identification
tag shall be furnished to the owner at no charge. Any replacement
tag shall be obtained by the owner, at his expense, by application
to the Town Clerk and the payment of a three-dollar tag replacement
fee.
[Amended 12-16-2010 by L.L. No. 1-2011]
(4)
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.
(6)
Any tag not issued by those authorized under Subsection A(2) of this section shall not constitute valid identification for the purposes of this chapter.
[Amended 12-16-2010 by L.L. No. 1-2011]
(7)
The
identification tag shall include, in addition to the identification
number, the words "Town of Stillwater, State of New York" and contact
information, including a telephone number, for the Town of Stillwater.
[Added 12-16-2010 by L.L.
No. 1-2011]
F.
Change in ownership; lost or stolen dog.
(1)
In the event of a change in the 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, file with the Clerk 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.
(2)
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, file with the Clerk a written
report of such 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.
A.
Leash or other control required. No person who owns,
harbors or has the custody and control of any dog shall cause or permit
said dog to be at large on any street or in any public place in the
Town of Stillwater. Any violation of this subsection shall, upon conviction,
be subject to a fine of up to $250 for each occurrence of each offense.
[Amended 2-19-2009 by L.L. No. 1-2009]
B.
Nuisances.
[Amended 2-19-2009 by L.L. No. 1-2009]
(1)
No person, company or corporation who owns, harbors
or has custody and control of any dog or dogs shall cause or permit
such dog or dogs to become a nuisance within the Town of Stillwater,
New York. As used in this section, "nuisance" shall be defined as
follows:
(a)
Dumping, knocking over or tearing open of garbage
and other receptacles.
(b)
Depositing of fecal matter or urinating upon
property of another person, company or corporation.
(c)
Fighting with other dogs, domestic animals or
household pets.
(d)
Barking, howling, whining or other noise which
is of such character that a reasonable person of normal sensitivities
would not tolerate it under the circumstances, excepting a guard dog
actively involved in the protection of vulnerable domestic animals
in an agricultural operation.
(e)
Tearing, digging or otherwise destroying or
damaging property of any person, company or corporation.
(2)
Any violation of this subsection shall, upon conviction,
be subject to a fine of up to $250 for each occurrence of each offense.
C.
Cleaning up after pets; penalties for offenses.
[Amended 2-19-2009 by L.L. No. 1-2009]
(1)
Any person who owns, keeps, possesses or controls
any dog shall promptly remove any fecal matter left by the dog on
any public property and on any private property not owned by such
person or lawfully occupied by such person.
(2)
In addition to and not in limitation of the provisions
of the foregoing, every person who shall own, keep, possess or control
any dog within the Town of Stillwater shall possess, at all times
when accompanying said dog within such public place, implements or
devices sufficient to clean and remove any fecal matter left by the
dog in said public place. Failure to possess such implements or devices
under such circumstances shall be sufficient to constitute a violation
of this subsection.
(3)
Any person violating this subsection shall, upon conviction,
be subject to a fine of up to $250 for each offense.
D.
Carrying animals in a cruel manner; penalties for
offenses. A person who carries or causes to be carried in or upon
any vehicle or otherwise any animal in a cruel or inhumane manner
or so as to produce torture is guilty of a misdemeanor, punishable
by imprisonment for not more than one year or by a fine of not more
than $500, or by both.
E.
Failure to care for animals; penalties for offenses.
(1)
No person shall fail to provide proper food, water
or shelter, taking into account the existing weather conditions, whether
current or anticipated. "Food" shall mean food necessary to maintain
the good health of the animal. "Water" shall mean water which is clean,
in sufficient quantity to sustain the animal and not frozen. "Shelter"
shall mean not only the place where the animal may get out of the
weather, to include temperature, but also includes an adequate size
area for exercise, taking into account the size and activity of the
animal.
(2)
A person found in violation of this section is guilty
of a misdemeanor, punishable by imprisonment for not more than one
year or by a fine of not more than $500, or both.
F.
Animals at large; cruelty and abandonment.
[Amended 2-19-2009 by L.L. No. 1-2009]
G.
Abandonment; penalties for offenses. A person being
the owner or possessor or having charge or custody of an animal who
abandons such animal or leaves it to die in a street, road or public
place or who allows such animal, if it becomes disabled, to lie in
a public street, road or public place more than three hours after
he receives notice that it is left disabled is guilty of a misdemeanor,
punishable by imprisonment for not more than one year or by a fine
of not more than $500, or both.
H.
Seizure of unconfined domestic animals. Any domestic
animal which shall be found running at large within the Town of Stillwater
in violation of this chapter may be seized by any Animal Control Officer,
peace officer or police officer of the Town. Said animal shall thereupon
be delivered to an authorized impoundment agency employed or designated
by the Town and may be redeemed by the owner thereof upon payment
to said impoundment agency of a redemption fee of $250, plus a fee
of up to $50 for each day or part thereof that said animal is confined.
If not redeemed within five days after seizure thereof, the owner
of said animal shall forfeit all title or right to the same, and the
animal shall be offered for adoption or destroyed as provided by law.
Prior to redemption, the owner shall provide proof of appropriate
licensure and provide for an examination of said domestic animal by
a veterinarian.
[Amended 2-19-2009 by L.L. No. 1-2009]
I.
Fowl at large. No person shall allow fowl to run at
large in the Town. Every person violating this subsection shall, upon
conviction, be punishable by a fine of up to $250 for each occurrence
of the offense.
[Amended 2-19-2009 by L.L. No. 1-2009]
J.
Keeping swine.
[Amended 2-19-2009 by L.L. No. 1-2009]
(1)
Swine must be kept within an enclosure located no
less than 200 feet from a highway and not less than 50 feet from a
dwelling. A watertight feeding trough must be provided, and no swill
shall be thrown upon the ground. The feed trough and enclosure must
be kept in a clean and sanitary condition. Odors from such enclosure
which shall be offensive to passers upon a highway or to neighbors
shall be presumptive evidence of the unsanitary condition thereof.
(2)
Every person violating this subsection shall, upon
conviction, be punishable by a fine of up to $250 for each occurrence
of the offense and $25 for each day's continuance after notice from
the Animal Control Officer.
The Chief Animal Control Officer of the Town
of Stillwater shall have charge of the public pound to be run under
such rules and regulations as the Town Board may from time to time
approve.
A.
If any dog shall attack any person who is peaceably
conducting himself in any place where he may lawfully be, such person
or any other person witnessing the attack may destroy such dog while
so attacking or while being pursued thereafter, and no liability in
damages or otherwise shall be incurred on account of such destruction.
B.
Dogs attacking a domestic animal, household pet or
service dog.
(1)
If any dog shall attack, chase or worry any domestic
animal or household pet while such animal or household pet is in any
place where it may lawfully be, the owner or caretaker of such domestic
animal or household pet, or any other person witnessing such attack
may, for the purpose of preventing the killing or injury of such domestic
animal or household pet, destroy such dog while so attacking, chasing,
worrying or while being pursued thereafter, and no liability in damages
or otherwise shall be incurred on account of such destruction.
(2)
If any dog shall attack and injure any service dog,
guide dog or hearing dog, any person witnessing the attack may for
the purpose of preventing the killing or injury of such service dog,
guide dog or hearing dog, destroy such attacking dog and no liability
in damages or otherwise shall be incurred on account of such destruction.
C.
Any person may make a complaint of an attack upon a person or of an attack, chasing or worrying of a domestic animal or household pet to an Animal Control Officer of the Town of Stillwater. Such Officer shall immediately inform the complainant of his right to commence a proceeding as provided in Subsection D of this section and, if there is reason to believe the dog is a dangerous dog, the Officer shall forthwith commence such proceeding himself.
D.
Pursuant to this chapter and § 123 of the
Agriculture and Markets Law, any person may, and any Animal Control
Officer of the Town of Stillwater shall, make a complaint under oath
or affirmation to any Municipal Judge or Justice of such attack, chasing
or worrying. Thereupon, the Judge or Justice shall immediately determine
if there is probable cause to believe the dog is a dangerous dog and,
if so, shall issue an order to any Animal Control Officer, peace officer,
acting pursuant to his special duties, or police officer of the Town
of Stillwater directing such officer to immediately seize such dog
and hold the same pending judicial determination as herein provided.
Whether or not the Judge finds there is probable cause for such seizure,
he shall, within five days and upon written notice of not less than
two days to the owner of the dog, hold a hearing on the complaint.
[Amended 12-16-2010 by L.L. No. 1-2011]
E.
If satisfied that the dog is a dangerous dog, the
judge or justice shall then order any Animal Control Officer, peace
officer, acting pursuant to his special duties, or police officer
to cause the dog to be euthanized immediately, or shall by order return
the dog to the owner upon satisfaction of the following conditions
and ongoing restrictions:
(1)
The dog shall not be returned to any person under
the age of 18.
(2)
The owner shall securely and permanently confine the
dog indoors or in an enclosed and locked pen or structure as provided
for in the order. Such pen or enclosure shall have a secure top and
sides and shall be designed to prevent an unauthorized entry of a
person, the escape of the dog and to provide protection from the elements.
(3)
In addition to the order of confinement, the judge
or justice shall order the owner or custodian to securely chain and
muzzle the dog and require that the dog be under physical restraint
of a responsible person of at least 18 years of age when i) confined
in the presence of persons other than the owner or custodian, and
ii) outside such enclosure for brief periods only when and for the
period necessary to urinate, defecate or receive medical treatment.
Such muzzle shall be made in a manner that will not cause injury to
the dog or interfere with its vision or respiration but shall prevent
it from biting any person or animal. Such leash shall have a maximum
length of three feet and shall have a minimum tensile strength of
300 pounds. If the owner fails to confine the dog as required by such
order, any Dog Control Officer, peace officer, acting pursuant to
his special duties, or police officer shall destroy such dog on or
off the premises of the owner.
(4)
The owner of the dog shall have the dog sterilized.
(5)
The owner shall obtain general liability insurance
in the amount of $100,000 for any injury which the dog may cause,
naming the Town of Stillwater as an additional insured for the purpose
of receiving notification of termination. It shall be the duty of
said dog owner to maintain such insurance policy in force so long
as the dog shall be present in the Town of Stillwater.
(6)
The owner shall display a sign on the premises warning
that there is a vicious dog on the property. This sign shall be visible
and capable of being read from the public highway or street.
(7)
The owner shall register such dog with the Town Clerk.
Such registration shall contain the name and address of the owner,
the breed, age, sex, color and any other identifying marks of the
dog, photographs taken head on and showing both side views of the
dog, the location where the dog is kept if not at the address of the
owner and any other information which the Town Clerk shall require.
The registration pursuant to this subsection shall be accompanied
by a registration fee of $50. Each dog registered pursuant hereto
shall be assigned an official dangerous dog registration number by
the Town Clerk. Such registration number shall be tattooed at the
owner's expense in the manner prescribed by the Animal Control Officer.
The certificate of registration shall be issued to the owner upon
payment of the registration fee and presentment of sufficient evidence
that the owner has complied with all the orders of the court as prescribed
at the determination hearing.
(8)
Following registration of such dog, the owner shall
purchase from the Town Clerk an appropriate collar designating the
dog as dangerous. This collar shall remain on the dog at all times.
F.
A dog shall not be declared dangerous if the court
determines the conduct of the dog a) was justified because the threat,
injury or damage was sustained by a person who at the time was committing
a crime or offense upon the owner or custodian or upon the property
of the owner or custodian of the dog, or b) was justified because
the injured person was tormenting, abusing or assaulting the dog or
has in the past tormented, abused or assaulted the dog; or c) was
responding to pain or injury, or was protecting itself, its kennels
or its offspring. No dog may be declared dangerous if it is used by
law enforcement officials for law enforcement work.
G.
The owner of a dog who, through any act or omission,
negligently permits his or her dog to bite a person, service dog,
guide dog or hearing dog causing physical injury shall be subject
to a civil penalty not to exceed $400 in addition to any other applicable
penalties.
H.
The owner of a dog who, through any act or omission,
negligently permits his or her dog to bite a person causing serious
physical injury shall be subject to a civil penalty not to exceed
$800 in addition to any other applicable penalties.
I.
Pursuant to § 123 of the Agriculture and
Markets Law, the owner of a dog who, through any act or omission,
negligently permits his or her dog, which had previously been determined
to be dangerous pursuant to this chapter, to bite a person causing
serious physical injury shall be guilty of a misdemeanor punishable
by a fine of not more than $1,000 or by a period of imprisonment not
to exceed 90 days, or by both such fine and imprisonment, in addition
to any other applicable penalties.
[Amended 12-16-2010 by L.L. No. 1-2011]
J.
Pursuant to § 123 of the Agriculture and
Markets Law, if any dog which had previously been determined by a
Judge or Justice to be a dangerous dog, as defined in § 108 of the Agriculture and Markets
Law, shall, without justification, kill or cause the death of any
person who is peaceably conducting himself or herself in any place
where he or she may lawfully be, regardless of whether such dog escapes
without fault of the owner, the owner shall be guilty of a Class A
misdemeanor in addition to any other penalties.
[Amended 12-16-2010 by L.L. No. 1-2011]
K.
The owner shall not be liable pursuant to Subsection G, H, I or J of this section if the dog was coming to the aid or defense of a person during the commission or attempted commission of a murder, robbery, burglary, arson, rape in the first degree as defined in Subdivision 1 or 2 of § 130.35 of the Penal Law, criminal sexual act in the first degree as defined in Subdivision 1 or 2 of § 130.50 of the Penal Law or kidnapping within the dwelling or upon the real property of the owner of the dog and the dog injured or killed the person committing such criminal activity.
L.
Nothing contained herein shall limit or abrogate any
claim or cause of action any person who is injured by a dog with a
dangerous or vicious disposition or a dangerous or vicious propensity
may have under common law or by statute. The provisions of this section
shall be in addition to such common law and statutory remedies. If
any dangerous dog causes injury to a person or domestic animal or
damage to property while out of or within the enclosure of the owner
of the dog or while off the property of the owner, whether or not
the vicious dog was on a leash and securely muzzled or whether the
vicious dog escaped without the fault of the owner, the owner shall
be liable to the person aggrieved by the injury for all damages sustained,
to be recovered in a civil action.
M.
Nothing contained herein shall restrict the rights
and powers derived from the provisions of Title IV of Article 21 of
the Public Health Law relating to rabies and any rule and regulation
adopted pursuant thereto.
N.
The owner shall notify the Town Clerk within 24 hours
if a dangerous dog is loose, unconfined, has attacked another animal,
has attacked a human being or has died.
O.
No person shall own or harbor any dog for the purpose
of dog fighting or shall train, torment, badger, bait or use any dog
for the purpose of causing or encouraging the dog to unprovoked attacks
upon human beings or domestic animals.
P.
No person shall possess with intent to sell, offer
for sale, give away, breed, buy, attempt to buy or receive as a gift
within the Town any dangerous dog.
Q.
Penalties for offenses.
(1)
Any person violating the provisions of this section
shall be punished by a fine of not more than $1,000 or 30 days in
jail, or both. Each separate offense shall constitute an additional
violation.
(2)
Any person found guilty of violating this section
shall pay all expenses, including shelter, food and veterinary expenses,
necessitated by the seizure of any dog for the protection of the public
and such other expenses as may be required for the destruction of
such dog.
A.
It shall be a violation, punishable as provided in Subsection B of this section, for:
(1)
Any owner to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required
by this chapter;
(3)
Any person to knowingly affix to any dog any false
or improper identification tag, special identification tag for identifying
guide, service or hearing dogs or purebred license tag;
(4)
Any owner of any dangerous dog to fail to confine
or destroy such dog upon order of any judge or justice;
(5)
Any owner to fail to securely confine any dog as required
by an order issued pursuant to § 120 or 121 of the Agriculture
and Markets Law;
[Amended 12-16-2010 by L.L. No. 1-2011]
(6)
Any owner or custodian of any dog to fail to confine,
restrain or present such dog for any lawful purpose pursuant to this
chapter;
(7)
Any person to fail to furnish any information or to
furnish any false or misleading information on any form required to
be filed with the Town or the Commissioner pursuant to the provisions
of this chapter or rules and regulations promulgated pursuant thereto;
(8)
The owner or custodian of any dog to fail to exercise
due diligence in handling his or her dog if the handling results in
harm to another dog that is a guide, hearing or service dog.
B.
The Town shall bring an action against any person who has committed any violation set forth in Subsection A of this section. The Town may elect either to prosecute such action as a violation under the penal law or to commence an action to recover a civil penalty. A violation of this section shall be punishable, subject to such an election, either:
[Amended 5-15-2008 by L.L. No. 1-2008]
(1)
Where
prosecuted pursuant to the penal law, by a fine of not more than $250,
except that, where the person is found to have committed two or more
such violations within the preceding five years, it shall be punishable
by a fine of not more than $250 or imprisonment for not more than
15 days, or both;
(2)
Where
prosecuted as an action to recover a civil penalty, by a civil penalty
of not more than $250.
C.
A defendant charged with a violation of any provision
of this chapter may himself plead guilty to the charge in open court.
He may also submit to the magistrate having jurisdiction, in person,
by duly authorized agent, or by registered mail, a statement a) that
he waives arraignment in open court and the aid of counsel, b) that
he pleads guilty to the offense charged, c) that he elects and requests
that the charge be disposed of and the fine or penalty fixed by the
court, d) of any explanation that he desires to make concerning the
offense charged, and e) that he makes all statements under penalty
of perjury. Thereupon the magistrate 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 have been paid and discharged in
full. If upon receipt of the aforesaid statement the magistrate shall
deny the same, he shall thereupon notify the defendant of this fact,
and that he is required to appear before the said magistrate at a
stated time and place to answer the charge which shall thereafter
be disposed of pursuant to the applicable provisions of law.
A.
Cause for seizure of dogs.
(1)
Any Animal Control Officer or peace officer, acting
pursuant to his special duties, or police officer of the Town of Stillwater
shall seize:
(a)
Any dog which is not identified and which is
not on the owner's premises; and
(b)
Any dog which is not licensed, whether on or
off the owner's premises.
(c)
Any licensed dog which is not in the control
of its owner or custodian or not on the premises of the dog's owner
or custodian, if there is probable cause to believe the dog is a dangerous
dog.
(d)
Any dog which poses an immediate threat to the
public safety.
B.
Any Animal Control Officer or peace officer, acting
pursuant to his special duties, or police officer of the Town of Stillwater
may seize any dog in violation of this chapter.
C.
Each dog seized in accordance with the provisions
of this chapter shall be properly sheltered, fed and watered for the
redemption period as hereinafter provided.
D.
Each dog which is not identified, whether or not licensed,
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 following impoundment fees:
[Amended 2-19-2009 by L.L. No. 1-2009]
(1)
$100 for the first impoundment of any dog owned by
that person;
(2)
$250 for the first 24 hours or part thereof and $25
for each additional 24 hours or part thereof for the second impoundment,
within one year of the first impoundment, of any dog owned by that
person; or
(3)
$250 for the first 24 hours or part thereof and $25
for each additional 24 hours or part thereof for the third and subsequent
impoundments, within one year of the first impoundment, of any dog
owned by that person.
E.
Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by 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 day of notice, during which period the dog may be 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. In either case, the owner may redeem such dog upon payment of the impoundment fees prescribed by Subsection D of this section and by producing proof that the dog has been licensed.
F.
An owner shall forfeit title to any dog unredeemed
at the expiration of the appropriate redemption period, and the dog
shall then be made available for adoption or euthanized subject to
the provisions of Subdivisions 2-a, 2-b, 2-c, 2-d, and 2-e of § 374
of the Agriculture and Markets Law. Provided that no dog in the custody
of a pound or shelter shall be delivered for adoption unless it has
been licensed pursuant to the provisions of this chapter prior to
its release from the custody of a pound or shelter.
G.
Any dog or cat in the custody of a pound or shelter
shall be made available for adoption or euthanized subject to the
provisions of Subdivisions 2-a, 2-b, 2-c, 2-d, and 2-e of § 374
of the Agriculture and Markets Law after the time for redemption has
expired.
No action may be maintained against the Town
of Stillwater and a duly designated Animal Control Officer of the
Town or any other agent of the Town for the possession or value of
damages for injury to or compensation for the destruction of a dog
seized or destroyed under the provisions of this chapter.
The provisions of this chapter shall not supersede,
but rather shall be supplementary to, the provisions of law contained
in Articles 7, 25-B and 26 of the Agriculture and Markets Law and
any other applicable ordinance, rule or regulation.
This chapter shall take effect upon filing with the Secretary of State, except that the provisions of § 62-10B shall take effect on October 1, 2004.
