Town of Stanford, NY
Dutchess County
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[HISTORY: Adopted by the Town Board of the Town of Stanford 12-23-2010 by L.L. No. 4-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter also superseded former Ch. 75, Dogs, which was comprised of Art. I, License Fees, adopted 11-10-1988 by L.L. No. 3-1988, as amended, and Art. II, Dog Control, adopted 5-10-1990 by L.L. No. 1-1990.
The Town Board of the Town of Stanford finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons, damage to property and have created nuisances with the Town. The purpose of this chapter is to 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.
This chapter is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law, as amended by L. 2010, c. 59, Part T and the Municipal Home Rule Law of the State of New York.
The title of this chapter shall be "Dog Control Law of the Town of Stanford."
As used in this chapter the following words shall have the following respective meanings:
DOG
Male and female, licensed and unlicensed, members of the species Canis familiaris.
DANGEROUS DOG
A dog which qualifies as dangerous pursuant to the provisions of the Agriculture and Markets Law.
DOG CONTROL OFFICER
A person authorized by the Town Board 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.
IDENTIFICATION TAG (ID TAG)
A tag issued by the Town Clerk to the owner of a specific dog, containing a number, the name of the licensing municipality (Town of Stanford), the state name, the contact phone number for the Town Clerk's office, and any other information as the Town Clerk of the Town of Stanford may deem appropriate.
OWNER
Person entitled to claim lawful custody and possession of a dog 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 dog control officer and a reasonable search has been made. If a dog is not licensed, the term "owner" shall designate and cover any person or persons, firm, association, or corporation, who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any dog which is kept brought or comes within the Town. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this chapter shall be held in and deemed to be the owner of any dog found to be in violation of this chapter shall be under 18 years of age, the head of the household in which said minor shall be to have custody and control of said dog and shall be responsible for any acts of the said dog in violation of this chapter.
RUN AT LARGE
To be in a public place or on private land without the knowledge, consent, and approval of the owner of such lands.
TOWN
The Town of Stanford.
It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:
A. 
Run at large 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 the Local Law, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by its owner.
B. 
Engage in habitual and loud howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the 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 without the consent or approval of the owner.
D. 
Chase, jump upon or otherwise harass any person in such manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm. Chase, jump upon, or at, attack or otherwise harass 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 or bicycles 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.
H. 
Not be licensed as required by § 75-6.
A. 
All dogs in the Town of Stanford must be licensed with the Town Clerk by the age of four months and are required to present a current certificate of rabies vaccination at the time of licensing or the renewal of an existing license 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.
B. 
All dog licenses will be for a period of one year and will expire at the end of the month one year from the date of issue.
C. 
Fees for licensing of dogs. The fee for a spayed or neutered dog will be $6 (which includes the assessment of a surcharge of $1, for the purpose of carrying out animal population control) and the fee for an unspayed or unneutered dog will be $16 (which includes the assessment of a surcharge of $3 for the purpose of carrying out animal population control) with such fees being reviewed by the Town Board periodically and which may be changed by a resolution of the Town Board, if deemed necessary. The change in the fees shall not require an amendment to this chapter by local law.
D. 
Enumeration fee. When the Town Board determines the need for a dog enumeration, a fee of $5 will be assessed to all dogs found unlicensed or renewed at the time the enumeration is conducted.
E. 
Purebred license: The Town of Stanford will not be issuing purebred or kennel licenses. All dogs will be licensed individually as per fee system stated above.
F. 
Service dogs. The Town of Stanford will require a license for a guide dog, service dog, hearing dog or detection dog, but it will be exempt from any licensing fee.
G. 
The Town of Stanford does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Town Clerk of the town or city in which the dog will be harbored for licensing or to the Town Clerk of the Town of Stanford, where the shelter is located, for the purchase of the license for adoption purposes.
H. 
All dog licenses may be purchased by visiting the Town offices or by regular mail. If licensing or renewing a license by mail, the appropriate fee must accompany the forms. There will be no refund of fees.
I. 
All fees will be used in funding the administration of the Dog Control Law of the Town of Stanford.
J. 
Fees for seizure of dogs. The fee for seizure and impoundment of dogs in violation of this chapter or the Laws of the New York State Department of Agriculture and Markets Law are as follows:
(1) 
First offense: The same impoundment and euthanasia fees per animal that are changed to the town for such service.
(2) 
Second offense: $60 plus the impoundment and euthanasia fees per animal.
K. 
The application shall be in 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 the dog, the breed of dog, 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 Stanford may also require additional information on such application as deemed appropriate.
L. 
Dog licenses issued by another agency, municipality or shelter will not be recognized by the Town of Stanford. The Town of Stanford 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 or dog owners that relocate to a municipality other than the Town of Stanford, dogs that are no longer alive, dogs that have been relinquished or transferred to another owner, and dogs that are missing, gone or lost. Notwithstanding the foregoing, any dog harbored within the Town of Stanford 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 the State of New York, shall for a period of 30 days be exempted from the licensing, and identification provisions of this chapter.
M. 
Each dog licensed in the Town of Stanford will be issued a serialized identification tag (ID Tag). Such 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 tag shall contain the information set forth in Section 4 above.
A. 
The Dog Control Officer or any peace officer shall seize:
(1) 
Any unlicensed dog, whether on or off the owner's premises;
(2) 
Any dog not wearing a tag, and after June 1, 1985, not identified, and which is not on the owner's premises, and
(3) 
Any dog found in violation of Subsections A through H of § 75-5. Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law, and see that the order of the Town Justice of the Town of Stanford in such case is carried out.
B. 
The Dog Control Officer or peace officer observing a violation of this chapter in his presence shall issue and serve an appearance ticket for such violation. Said violation should be considered a petty offense and not a misdemeanor.
C. 
Any person who observes a dog in violation of this chapter may file a complaint under oath with the Town Justice of the Town of Stanford specifying the nature of the violation, the date thereof, a description of the dog and the name and a residence, if known, of the owner of such dog. Such complaint may serve as a basis for enforcing the provisions of this chapter.
Any person convicted of a violation of this chapter shall be liable for a civil penalty of $50 for a first violation; of $100 for a second violation; and $150 for each subsequent violation.