[HISTORY: Adopted by the Town Board of the
Town of Hyde Park 3-24-1975. Amendments noted where applicable.]
It shall be hereinafter declared unlawful for
any person in the Town of Hyde Park who is the owner of or who is
harboring a dog or dogs to allow the same unrestrained by adequate
collar and leash and, whether muzzled or unmuzzled, unless accompanied
by its owner or a responsible person able to control the animal, to
run at large upon private property, other than his own, or upon any
public street, public park or public place at any time, day or night.
For the purposes of this chapter, a dog or dogs hunting in company
with a hunter or hunters shall be considered as accompanied by its
owner.
It shall hereinafter be declared unlawful for
any person in the Town of Hyde Park who is the owner of or is harboring
a dog or dogs to allow any female dog in heat to run at large upon
private property, a public street or public place at any time, day
or night, during the period of time that said female dog is in heat.
It shall be hereinafter declared unlawful for
any person in the Town of Hyde Park who is the owner of or is harboring
a dog or dogs to allow said dog or dogs to engage in habitual loud
and excessive howling or barking as would habitually annoy and disturb
persons other than the owner of said dog or dogs or that person harboring
said dog or dogs.
It shall be hereinafter declared unlawful for
any person in the Town of Hyde Park who is the owner of or is harboring
a dog or dogs to allow said dog or dogs to cause damage or destruction
to property or to commit a nuisance upon premises of persons other
than the owner or person harboring such dog or dogs, to harass other
persons by molesting or to cause others reasonable apprehension of
bodily harm or injury, which includes interference by chasing or otherwise
of vehicular traffic on either public or private roadways.
B.
Each dog which has been seized and impounded as provided in § 45-5A which is not identified, whether or not licensed, shall be held for a period of five days from the date of seizure, during which time the dog may be redeemed by its owner as set forth herein. Each dog which has been seized and impounded, as provided in § 45-5A, which is identified may be redeemed by the owner of record, within seven days of notice, if notification is personally given to the owner. If notification is made by mail, such notice shall be given by certified mail, return receipt requested, and the dog shall be held for a period of nine days, and may be redeemed by its owner within nine days of the date of mailing. Redemption shall occur by the production by the owner to the Dog Control Officer of a license for each dog impounded and by payment to the Town Clerk of the impoundment fee as set forth in the Town Fee Schedule, together with the cost of keeping, feeding and caring for the animal ("boarding fee") and all veterinary fees for required shots and care administered to the dog. The fee schedule shall set forth the impoundment fee to be paid by the owner of the dog which is seized and impounded for the first time within the year; a higher fee for dogs seized and impounded for a second time within one year of the first occurrence; a higher fee for the seizure and impounding of the dog for the third occurrence within one year of the first occurrence; and a higher fee for the seizure and impoundment of the dog for the fourth time within one year of the first occurrence, together with all boarding fees and veterinary fees incurred for said dog.
[Amended 7-11-1983; 6-6-1990 by L.L. No. 2-1990; 7-25-1994 by L.L. No.
1-1994; 1-1-2007 by L.L. No. 2-2007; 3-4-2013 by L.L. No. 1-2013]
C.
In the event, however, that said dog has not been
redeemed, the owner or person harboring said dog shall forfeit all
title to said dog, and the dog shall be sold or killed by the Dog
Warden.
D.
In the event, however, that said dog, at the time
of seizure and impounding, is licensed, then the redemption period
shall be 12 days rather than the five days as above specified. For
the purpose of this chapter, the absence of a license attached to
the seized and impounded dog shall constitute presumptive evidence
that the dog is unlicensed, and no further proof shall be necessary
for the Dog Warden to invoke the five-day redemption period.
E.
In the event that said dog or dogs are not redeemed
and it is, therefore, determined who the owner or person harboring
said dog or dogs is, whether said dog or dogs have been sold or destroyed,
the person owning or harboring said dog or dogs shall be responsible
to pay to the Clerk of the Town the fee set by resolution of the Town
Board for seizure and impounding, plus the cost of keeping, feeding
and caring for the animal while in the custody of the Dog Warden or
pound.
[Amended 1-1-2007 by L.L. No. 2-2007]
Any person may file a written complaint with
the Justice of the Peace with respect to the violation of the provisions
of this chapter, and, after a hearing is conducted upon said complaint,
said Justice of the Peace may issue any order or determination upon
the merits thereof and make any order consistent with the provisions
of this chapter or the Agriculture and Markets Law of the State of
New York.
[Amended 7-11-1983; 4-24-2006 by L.L. No. 8-2006; 12-21-2009 by L.L. No.
6-2009]
In addition to the redemption fees and feeding
and caring fees as set forth above, any person owning or harboring
a dog or dogs who violates any of the provisions of this chapter shall
be deemed to have committed an offense and, if convicted of same,
shall be subject to a minimum fine of $75, a maximum fine of $350,
or imprisonment for a period not exceeding 15 days, or both for the
first violation, a minimum fine of $100, a maximum fine of $550, or
imprisonment for a period not exceeding 15 days, or both for the second
violation, and a minimum fine of $250, a maximum fine of $700, or
imprisonment for a period not exceeding 15 days, or both for the third
and/or any subsequent violations, except as otherwise provided in
Article 7 of the Agriculture and Markets Law of the State of New York.
[Amended 7-11-1983]
The Dog Warden of the Town of Hyde Park, or
any other person designated by a majority of the Hyde Park Town Council,
is the person hereby designated to administer this chapter.
This chapter shall not obviate any of the powers
of the Town of Hyde Park or any of its employees or agencies as granted
under Article 7 of the Agriculture and Markets Law of the State of
New York.
[Added 12-27-2010 by L.L. No. 1-2011[1]]
[1]
Editor's Note: This local law also repealed former §§ 45-10,
License required; fees and exemptions, added 6-6-1990 by L.L. No.
2-1990, as amended, and 45-11, added 7-25-1994 by L.L. No. 1-1994.
Recent amendments to the New York State Agriculture and Markets
Law enacted pursuant to Part T of Chapter 59 of the Laws of 2010 provided
for two major changes:
This article is authorized pursuant to Article 7 of the Agriculture
and Markets Law as amended by the provisions of Part T of Chapter
59 of the Laws of 2010 and pursuant to Municipal Home Rule Law § 10.
The title of this article shall be "Dog License Law."
As used in Chapter 45 of the Code of the Town of Hyde Park, the following words shall have the following respective meanings:
The Town Clerk of the Town of Hyde Park.
A dog which qualifies as dangerous pursuant to the provisions
of the Agriculture and Markets Law.
Male and female, licensed and unlicensed, members of the
species canis familiaris.
A person authorized by the Town Board by resolution to enforce
the provisions of this article. The Dog Control Officer shall have
the power to execute the provisions of this article, 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 article or Article 7 of the Agriculture and Markets Law.
On more than one occasion within a thirty-day period.
A tag, issued by the Clerk to the owner of a specific dog,
containing a serial number, the name of the licensing municipality
(Town of Hyde Park), the state name, the contact phone number for
the Clerk's office, and any such other information as the Town
Clerk of the Town of Hyde Park may deem appropriate.
Any person or entity entitled to claim lawful custody and
possession of a dog and 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 Town of Hyde Park Dog Control Officer and
the Town of Hyde Park Town Clerk, and a reasonable search has been
made. If a dog is not licensed, the term "owner" shall be deemed to
include any person or persons, firm, association or corporation who
or which, at any time, owns or has possession, custody or control
of, harbors or otherwise maintains any dog which is kept, brought,
or comes within the jurisdictional boundaries of the Town of Hyde
Park. Any person who owns or harbors a dog for a period of one week
prior to the filing of any complaint charging a violation of this
article shall be deemed to be the owner of said dog. If the owner
of any dog is under 18 years of age, the head of the household in
which said minor resides shall be deemed to have custody and control
of said dog and shall be responsible for any acts of the said dog
in accordance with this article.
Any individual, male or female, over the age of 16 years,
other than the owner, who at any time has possession, custody or control
of any dog.
Any dog which is unrestrained by a leash or other tether
and walks, runs, or roams in a public place or on private land without
the knowledge, consent and approval of the owner of such lands.
The Town of Hyde Park.
A.
All dogs aged four months or older, located, owned or harbored in
the Town of Hyde Park, unless otherwise exempted, shall be licensed
as herein provided. The owner of each dog required to be licensed
shall obtain, complete and return to the Town Clerk of the Town of
Hyde Park a dog license application together with the license application
fee, any applicable license surcharges and such additional fees as
may be established by the Town of Hyde Park or otherwise authorized
by the Agriculture and Markets Law. Each license application shall
be accompanied by proof that the dog has been vaccinated against rabies
or a statement from a licensed veterinarian that such vaccination
would endanger the dog's life, in which case vaccination shall
not be required. Each license issued shall be valid for a period of
one year or for such other period as authorized by this article. Such
license shall not be transferrable.
B.
The application shall be on forms prepared by the Clerk, in paper,
electronic or other form at the discretion of the Town 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 dog, the breed of the dog, the 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 Hyde Park may also require additional information on such
application as deemed appropriate.
C.
Applications for a dog license and/or a renewal shall be submitted
to the Town Clerk of the Town of Hyde Park for processing. Subsequent
renewals of dog licenses may be made via regular mail or recognized
overnight delivery service, provided that the renewal application
is accompanied by a statement certified by a licensed veterinarian
stating 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 reasons the life of the dog or dogs
would be endangered by the administration of vaccine or as otherwise
required by § 109 of the Agriculture and Markets Law.
D.
The Clerk, at the time of issuing any license pursuant to this section,
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 old age or other reasons
the life of the dog or dogs would be endangered by the administration
of vaccine, and that the applicant is over the age of 18.
E.
Rabies certificates shall be honored for either a one-year license
period or a three year license period, as stated in the veterinarian
certificate.
F.
In the case of a spayed or neutered dog, the application for a license
or renewal thereof shall be accompanied by a certificate, signed by
a licensed veterinarian, certifying that the dog has been spayed or
neutered, unless such certificate has already been placed on file
with the Town Clerk.
G.
Dogs will be licensed for one-, two-, or three-year license periods. The expiration date will be the last day of the month of issuance, one, two or three years from the date of issue, depending on the length of term chosen by, and paid for by, the owner of said dog except as provided by Subsection H below.
H.
No dog license shall be issued for a period expiring after the last
day of the eleventh month following the expiration date of the current
rabies certificate for the dog being licensed.
I.
No dog license shall be issued by a shelter, or any other entity,
on behalf of the Town of Hyde Park.
J.
No dog license shall be transferable; upon the transfer of ownership
of any dog, the new owner shall immediately make application for and
obtain a license for such dog.
K.
The Town of Hyde Park will not issue purebred or kennel licenses.
All dogs will be licensed individually in accordance with this article.
L.
Dog licenses issued by another agency, municipality or shelter will
not be recognized by the Town of Hyde Park. The Town of Hyde Park
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 and dog owners that relocate to a municipality other
than the Town of Hyde Park, dogs that are no longer alive, dogs that
are relinquished or transferred to another owner and dogs that are
missing, gone or lost. Notwithstanding the foregoing, any dog harbored
within the Town of Hyde Park 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 New York State and licensed by a jurisdiction outside of the State
of New York, shall for a period of 30 days be exempt from the licensing
and identification provisions of this article.
M.
The Town Clerk shall provide the dog owner with a copy of the dog
license and retain a copy in the Town Clerk's Office in accordance
with the New York State Archives Records Retention and Disposition
Schedule, MU-1.
A.
In the event of a change in the ownership of any dog which has been
licensed pursuant to this article, 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 Town Clerk of the Town of Hyde Park
a written report of such change. Such owner of record shall be liable
for any violation of this article until such filing is made or until
the dog is licensed in the name of the new owner.
B.
If any dog which has been licensed pursuant to this article is lost
or stolen, the owner of record shall, within 10 days of the discovery
of such loss or theft, file with the Town Clerk of the Town of Hyde
Park a written report of such loss or theft. In the case of a loss
or theft, the owner of record of any such dog shall not be liable
for any violation of this article committed after such report is filed
with the Clerk.
C.
In the case of a dog's death, the owner of record shall so notify
the Town Clerk of the Town of Hyde Park either prior to the renewal
of licensure or upon the time of such renewal as set forth by the
Town of Hyde Park.
A.
Each dog licensed in the Town of Hyde Park will be issued a serialized identification tag (ID tag). Such ID 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 ID tag shall contain the information set forth in § 45-12 above.
B.
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which that number has been
assigned.
A.
Pursuant to Municipal Home Rule Law, § 10, Subdivision
1(ii)a(9), by the adoption of this article, the Town Board of the
Town of Hyde Park is authorized to establish, by resolution, a schedule
of dog license fees, enumeration fees and tag replacement fees. The
Town may exercise this authority as needed throughout the year. Fees
for each dog license issued by the Town of Hyde Park in accordance
with the provisions of this article shall be set forth in the current
fee schedule adopted by the Town Board. The license fee for an unsprayed
or unneutered dog shall be at least $5 more than that of a spayed
or neutered dog.
B.
In addition to the license fees established above, each applicant
for a dog license shall pay a surcharge of $1 if the dog to be licensed
is altered or a fee of $3 if the dog to be licensed is unaltered.
This additional charge is assessed for the purposes of carrying out
animal population control efforts. These surcharge fees will be remitted
by the Town Clerk, on a monthly basis, to the state-designated entity
chosen to oversee the Animal Population Control Fund.
C.
Whenever the Town Board of the Town of Hyde Park determines a need
for a dog enumeration or a dog census, in addition to the license
fee imposed above, each applicant for a dog license shall pay a surcharge
of $5 which shall be retained by the Town of Hyde Park and used to
defray the cost of such dog enumeration or dog census living within
the Town of Hyde Park and the cost of providing replacement identification
tags.
A.
Certified guide dogs, war dogs, police dogs, therapy dogs, service dogs, hearing dogs or detection dogs shall be exempt from any licensing fee. However, the owner of any certified guide dog, war dog, police dog, therapy dog, service dog, hearing dog or detection dog must, however, maintain a current license in accordance with § 45-14 of this article. Special tags will not be issued for dogs exempt from fees pursuant to this subsection.
B.
The licensing process and fees set forth in this article do not apply
to any wholesale dog breeders licensed with the United States Department
of Agriculture, to any dog confined to the premises of any public
or private animal hospital devoted solely to the treatment of sick
animals, or to any dog confined for the purposes of research at the
premises of any college or other educational or research institution.
C.
Senior citizens (persons 65 years of age or older) shall receive
a discount of 50% for all licensing fees.
A.
It shall be a violation for:
(1)
Any person to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required by this
article;
(3)
Any person 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 person to furnish any false or misleading information on any
form required to be filed with the Town Clerk of the Town of Hyde
Park pursuant to the provisions of this article.
(5)
Any owner of any dog to fail to notify the Town of Hyde Park of any
change of ownership or address as required by this article.
B.
The Town of Hyde Park may elect to prosecute such violations described
in this section as a violation under the Penal Law or to commence
an action to recover a civil penalty as hereinafter provided.
A.
This article shall be enforced by the Dog Control Officer, any law
enforcement officer, or any peace officer.
B.
The Dog Control Officer, any law enforcement officer, or any peace
officer observing a violation of this article in his or her presence
or having reasonable cause to believe that a person has violated the
provisions of this article, or harbored a dog in violation of this
article, shall issue and serve an appearance ticket for such violation.
The appearance ticket shall be in the form prescribed by the provisions
of § 126 of the Agriculture and Markets Law,[1] as it may be amended from time to time hereafter, and
this article.
[1]
Editor's Note: See now § 124 of the Agriculture
and Markets Law. Former § 126 was repealed by L. 1978, c.
220.
C.
The Dog Control Officer, any law enforcement officer, or any peace
officer shall seize any unlicensed dog, whether on or off the owner's
premises; any dog not wearing a tag and which is not on the owner's
premises; or any dog found in violation of any provision of this article.
The Dog Control Officer, law enforcement officer, or peace officer
may also investigate and commence a proceeding pursuant to § 121
of the Agriculture and Markets Law involving any dangerous dog, as
described in that section, and see that the order of the Town Justice
in such case is carried out.
D.
Any person who observes a dog in violation of this article may file
a complaint, under oath, as that term is defined by the Criminal Procedure
Law, with the Town Justice, stating the nature of the violation, the
date thereof, a description of the dog and the name and address of
the residence of the owner of such dog, if known. The Dog Control
Officer, law enforcement officer, or peace officer shall be authorized
to assist any such person in making such a complaint. Such a complaint
may serve as the basis for enforcing the provisions of this article.
A.
The Dog Control Officer, any law enforcement officer, or any peace
officer shall seize:
(1)
Any dog which has violated any of the provisions of this Article
or Article 7 of the Agriculture and Markets Law;
(2)
Any dog which is not licensed, whether on or off the owner's
premises;
(3)
Any dog which is not wearing an identification tag, not identified,
and which is not on the owner's premises;
(4)
Any licensed dog which is not in the control of its owner or a responsible
person and not on the premises of the dog's owner or a responsible
person; or
(5)
Any dog which poses an immediate threat to the public health and
safety or otherwise qualifies as a dangerous dog pursuant to the provisions
of the Agriculture and Markets Law.
B.
The Dog Control Officer, any law enforcement officer, or peace officer
may also investigate and commence a proceeding pursuant to § 123
of the Agriculture and Markets Law involving any dangerous dog, as
described in said section, and shall carry out any order of the Town
Justice of the Town of Hyde Park in connection therewith. Any such
dog shall be impounded or taken to such place as may be designated
by the Town Board as a place of detention, until disposition thereof
shall have been made in accordance with the provisions of this article.
C.
Promptly upon seizure, the Dog Control Officer, law enforcement officer,
or peace officer shall issue and serve an appearance ticket on the
dog owner and shall carry out any order of the Town Justice of the
Town of Hyde Park or any justice having jurisdiction of the matter.
D.
Each seized dog which is not identified, whether licensed or not,
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 article and further provided that
the owner pays the relevant redemption and impoundment fees in accordance
with this article.
E.
All monies collected as fines or penalties as a result of any prosecution
for violations of the provisions of this article, and all bail forfeitures
by persons charged with such violations, shall be the sole property
of the Town of Hyde Park and shall be used only for controlling dogs
and enforcing this article.
F.
An owner shall forfeit title to any dog unredeemed at the expiration
of the redemption period, and the dog shall then be made available
for adoption or shall be euthanized pursuant to the provisions of
Subsections 2-a, 2-b, 2-c, 2-d and 2-e of § 374 of Chapter
59 of the Laws of New York, 2010.
G.
Any person who observes a dog in violation of this article may file
a complaint under oath with the Town Justice, Dog Control Officer,
law enforcement officer or peace officer, specifying the nature of
the violation, the date thereof, a description of the dog and the
address, if known, of the owner of such dog. Such complaint is subject
to the Freedom of Information Act. However, all identifying information
pertaining to the complainant shall be redacted prior to the release
of such complaint. Such complaint may serve as a basis for enforcing
the provisions of this article.
[Amended 3-4-2013 by L.L. No. 1-2013]
Any dog which has been seized and impounded in accordance with the provisions of this chapter may be redeemed in accordance with the provisions of § 45-5B of this chapter.
A violation of this section shall be punishable, subject to
such an election, either:
A.
Where prosecuted pursuant to the penal law, by a fine of not less
than $50 and not more than $250 except that where the person was found
to have violated this section or Article 7 of the Agricultural Market
Laws within the preceding five years, the fine may be not less than
$100 and not more than $500; or
B.
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $100 and not more than $300, except that
when the person was found to have violated this section or this article
within the preceding five years, the civil penalty may be not less
than $200 and not more $600.
