[HISTORY: Adopted by the Council of the City
of Beacon 9-20-1999 by L.L. No. 17-1999.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 149.
[1]
Editor's Note: This local law superseded former Ch. 99, Dogs and Other Animals, consisting of Art. I, General Provisions, adopted 1-17-1972 as §§ 6-1 through 6-5 of Art. I of Ch. 6 of the 1972 Code of Ordinances, as amended, and Art. II, Dogs, adopted 1-17-1972 as Art. II of Ch. 6 of the 1972 Code of Ordinances, as amended.
[Amended 12-20-2010 by L.L. No. 21-2010; 8-6-2012 by L.L. No. 19-2012]
A.
All
dogs within the City of Beacon three months of age or older shall
be licensed. The owner of each dog required to be licensed shall obtain,
complete and return to the City Clerk's office a dog license
application together with the license application fee, any applicable
license surcharges and such additional fees as may be established
by the City in the fee schedule. Licenses and municipal identification
tags and sleeves are not transferable. The City of Beacon does not
issue purebred licenses.
B.
Fees.
Any person applying for a dog license, registration tag or registration
sleeve shall pay the fee as required by this chapter and the fee schedule.[1]
(1)
The fee for obtaining a license for a spayed or neutered dog shall
be set by the City Council in the fee schedule. The fee shall include
a state assessment pursuant to § 110, Subdivision 3, of
the New York State Agriculture and Markets Law and any other surcharges
and/or assessments allowed by law.
(2)
The fee for obtaining a license for an unspayed or unneutered dog
shall be set by the City Council in the fee schedule. The fee shall
include a state assessment pursuant to § 110, Subdivision
3, of the New York State Agriculture and Markets Law and any other
surcharges and/or assessments allowed by law.
(3)
In addition to the license fee imposed herein the owner of a dog
may also be required to pay:
(a)
An enumeration fee, as set forth in the City Fee Schedule, to
offset the cost of canvassing the City for unlicensed dogs. An enumeration
fee shall be assessed to any dog owner harboring one or more unlicensed
dogs, age three months or older at the time they are discovered by
the City Dog Control Officer or any other City officer authorized
to enforce this chapter.
(b)
A penalty fee, as set forth in the City Fee Schedule, for failure
to timely renew an expired license for any dog aged three months or
older. The penalty fee is assessed upon application for renewal of
a preexisting, expired dog license and in addition to the usual fee
for dog license renewal.
(4)
The City may charge a fee, as set forth in the City Fee Schedule,
for replacement of any dog license or dog registration tag or sleeve
that is lost or stolen.
(5)
Fee exemption. The City of Beacon exempts the payment of all licensing
fees for the types of service dogs listed in § 110, Subdivision
2, of the Agriculture and Markets Law. All other licensing requirements
of such dogs shall be followed as provided herein.
[1]
Editor's Note: The fee schedule is on file in the City
offices.
C.
Each license issued shall be valid for a period of one year, expiring
on the last day of the month said license is issued.
D.
E.
The City of Beacon does not allow the licensing of dogs by a shelter.
The shelter must notify the adoptive owners of their responsibility
to license any dog who will be living within the City of Beacon within
30 days of adoption.
A.
Vaccination and license requirements. No person shall
own, keep, harbor or maintain a dog over three months of age within
the City of Beacon unless such dog is vaccinated and licensed. The
licensing provision of this section does not apply to dogs held in
a kennel or pet shop.
[Amended 5-5-2003 by L.L. No. 4-2003]
B.
Vaccination. All dogs shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization published by the National Association of State Public Health Veterinarians, except as provided for in Subsection D.
C.
Vaccination certificate. A certificate of vaccination
shall be obtained by the dog owner for each dog vaccinated and shall
be provided to the licensing authority as proof of rabies vaccination.
D.
Exemptions. Any dog may be exempted from the requirements
of such vaccination for a specified period of time by the Dutchess
County Department of Health upon presentation of a veterinarian's
certificate stating that, because of an infirmity or other physical
conditions, or regimen of therapy, the inoculation of such dog shall
be deemed inadvisable.
E.
Time for applying for license. The owner of any newly
acquired dog of licensing age or of any dog which attains licensing
age shall make application for a license, registration tag or sleeve
for such dog within 10 days after such acquisition or age attainment.
This requirement shall not apply to a nonresident keeping a dog within
the City of Beacon for no longer than 30 days.
F.
Dogs brought into the City of Beacon.
(1)
Any person who shall bring or cause to be brought
into the City of Beacon any dog licensed in another state for the
current year and bearing a registration tag or sleeve and who shall
keep the same or permit the same to be kept within the City of Beacon
for a period of more than 30 days shall immediately apply for a New
York State license and registration tag or sleeve for each such dog.
(2)
Any person who shall bring or cause to be brought
into the City of Beacon any unlicensed dog and who shall keep the
same or permit the same to be kept within the City of Beacon for a
period of more than 30 days shall immediately apply for a license
and registration tag or sleeve for each such dog.
G.
Application, contents and preservation of information.
The application shall state the breed, sex, age, color and markings
of the dog for which a license and registration tag are sought, information
as to whether it is spayed/neutered and whether it is of a long-haired
or short-haired variety and also the name, street, post office address
and telephone number of the owner and the person who shall keep or
harbor such a dog. The information on said application and the registration
number issued for the dog shall be preserved for a period of three
years by the Dog Control Officer.
H.
License
form and tags. License forms and a municipal identification tag shall
be furnished by the City of Beacon. The municipal identification tag
sets forth an identification number unique to the dog licensed, a
reference to the City of Beacon, Sate of New York and a telephone
number of the City Clerk's Office for the City of Beacon.
[Amended 12-20-2010 by L.L. No. 21-2010]
I.
Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license. Unless otherwise provided by New York State law, the City Clerk shall not grant any license and official registration tag or sleeve for any dog unless the owner thereof provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type and approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services or has been certified exempt as provided by Subsection D of this section. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other persons permitted by law to do the same.
J.
License
fee schedule. A license shall be issued after payment of the fee required
as set forth in the fee schedule.
[Amended 12-20-2010 by L.L. No. 21-2010]
K.
Person
authorized to issue licenses. It shall be the duty of the City Clerk
to issue all license certificates on payment of the license fee required
by this chapter, to receive any and all license fees paid for dogs
in accordance with the chapter, to keep a record of all such fees,
to issue a certificate therefor showing the name and residence of
the person paying the fee, together with the number designated upon
the municipal identification tag furnished therewith, and to pay over
all moneys collected for such fees and tags to the City Clerk within
30 days.
[Amended 12-20-2010 by L.L. No. 21-2010]
L.
Registration tag to be worn; unofficial tags prohibited.
(1)
Each and every dog licensed in accordance with this chapter shall wear a collar, sleeve or other device to which shall be securely attached the registration tag required in § 99-2H bearing the number of the license certificate, except when the dog is in the owner's house.
(2)
The use of any other tag as a substitute for those
furnished by the City is hereby strictly forbidden, and any person
found guilty of using such other tag shall be deemed guilty of violating
this chapter.
M.
Loss
of license. If a municipal identification tag has been misplaced or
lost, the City Clerk may issue a replacement tag for that particular
dog at a replacement fee as provided by the fee schedule.
[Amended 12-20-2010 by L.L. No. 21-2010]
N.
Proof of licensing. Proof of licensing shall be produced
by any person owning, keeping, maintaining or harboring a dog, upon
request of any health official or other authorized person.
O.
Disposition of fees collected from licensing activities.
License fees and other moneys collected or received under the provisions
of this chapter as they pertain to dog licensing shall be governed
by New York State Agriculture and Markets Law and other laws, rules
and regulations of the State of New York.
P.
The Dog Control Officer of the City of Beacon shall
cause the provisions of this chapter to be enforced as herein provided.
Every owner, lessee, tenant or occupant of any
stall, stable or apartment in which any horse, cattle, swine or any
other animal shall be kept, or of any place in which manure or any
liquid discharge of such animals shall collect or accumulate, shall
daily cause such liquid and manure to be removed to some proper place
where the same cannot become a nuisance, annoyance or a detriment
to the public health and comfort and shall keep or cause to be kept
such stalls, stables or apartments, and the drainage, yard and appurtenances
thereof, in a clean and wholesome condition.
It shall be unlawful for any person knowingly
to keep any dog or other animal which habitually barks, howls, yelps,
whines or cries to the great discomfort of the peace and quiet of
the neighborhood or in such manner as to materially disturb or annoy
persons in the neighborhood who are of ordinary sensibilities. Such
animals are hereby declared to be a public nuisance and, pursuant
to the Code of the City of Beacon, § 149-5B, are also declared
to be causing a disturbing noise.
No person shall keep any horse, cattle and swine
on any premises in the City within 200 feet of any dwelling house,
street or highway in the City without a permit from the Dutchess County
Department of Health.
[Amended 12-2-2013 by L.L. No. 19-2013]
A.
Purpose. The City Council of the City of Beacon recognizes that the
keeping of chickens can be a safe, productive, nondisruptive practice,
provided that such animals are properly cared for in a clean, structurally
sound environment, kept in appropriate numbers, and maintained at
a reasonable noise level, with both food sources and waste properly
contained and managed to avoid odors or the attraction of wildlife
or vermin. Accordingly, the City Council has decided to enact a local
law to regulate the keeping of chickens on residential properties
within the City so as to ensure that these animals are kept and maintained
in a manner that protects the City and its residents from nuisances
associated with their keeping.
B.
Permit required.
(1)
Any person wishing to keep chickens on residential property in the
City of Beacon shall first obtain a permit from the City Building
Department and pay a fee, as set forth in the City fee schedule.[1] The permit application shall be on such forms as are provided
by the Building Department. The written consent of the owner(s) of
the subject real property shall be required for any application made
by a person other than the property owner(s).
[1]
The fee schedule is on file in the City offices.
(2)
Persons keeping chickens on their property as of the date of the
adoption of this section shall have 30 days in which to apply for
and obtain a permit.
C.
Standards for the keeping of chickens. The keeping of chickens shall
be subject to the following conditions and requirements, which shall
be observed at all times:
(1)
Chickens shall be provided with adequate food and water at all times.
(2)
Chickens shall be kept within a fenced enclosure.
(3)
All chicken enclosures must be clean and free of noticeable odors
across property lines.
(4)
A person granted a permit pursuant to this section may keep a number
of chickens on his/her property at one time which complies with a
living space allocation of 14 square feet of enclosure space per chicken,
provided the number of chickens kept on a single property shall not
exceed 12. "Enclosure space" shall be defined herein as the combined
square footage of the outside enclosure space and any interior coop
space.
(5)
All enclosures shall be in the rear or side yard of the property
on which they are located. Enclosures shall be kept no closer than
15 feet to any dwelling, whether located on the permitted property
or an adjacent lot. The total combined outdoor enclosure and coop
space may not exceed 10% of the total yard square footage. If the
size of the enclosure exceeds 144 square feet, the enclosure must
be kept a minimum of five feet from any property line and shall be
deemed a structure requiring approval from the Building Department.
(6)
No property may have more than one enclosure for the keeping of chickens.
A single mobile enclosure, such as a chicken tractor, is allowed for
the purpose of free-ranging or isolating chickens, provided its use
is restricted to the rear and side yards of the property on which
it is located.
(7)
All enclosures shall be constructed and maintained in such a manner
as will safely and securely house chickens and shall be kept free
of rodent infestation at all times.
(8)
Chicken enclosures which predate the amendment of this section may be grandfathered from Subsection C(5) of this section pending inspection and approval by the Building Inspector as soon as practicable following the enactment of the amendment of this section provided the application required in Subsection B(2) is submitted to the City. Any enclosure that is grandfathered may not be enlarged in any respect and must be removed if damaged or replaced more than 50%.
(9)
Chickens may be allowed outside of coops for the purpose of free-ranging,
i.e., feeding and exercise within the enclosure, provided it shall
be unlawful for any chickens to run at large. "Run at large" shall
be defined herein as chickens escaping or otherwise leaving the permitted
property outside the confines of a cage or enclosure used for their
transportation. It shall also be a violation for any chicken running
at large to uproot, dig or otherwise damage any vegetables, lawns,
flowers, garden beds or personal or real property not belonging to
the owner of such chickens.
(10)
All feed and other materials associated with the keeping of chickens
shall be protected in a container with a tightly fitted lid so as
to prevent the attraction of rodents or other pests.
(11)
Keeping of roosters, ducks, geese, swans, turkeys or any other species
of birds or fowl which are not traditionally confined to a cage inside
a dwelling is prohibited.
(12)
The slaughtering of chickens must be carried out in a sanitary fashion,
out of public view and in accordance with all applicable federal,
state, county and local laws and regulations. Meat from slaughtered
chickens and eggs may not be sold. This subsection shall not apply
to lawful poultry, livestock, or butcher operations.
D.
Enforcement.
(1)
Any violation of this section will result in a written warning by
the Building Inspector, with two weeks to correct the violation. Any
person who fails to correct a violation of this section following
issuance of a written warning shall be issued a written notice by
the Building Inspector requiring the removal of all chickens and related
infrastructure from the subject property within two weeks' time.
Failure to remove the chickens and related infrastructure within the
two-week period pursuant to a removal notice shall constitute a violation
of this section, with subsequent violations accruing every two weeks
thereafter until compliance. The initial notice of violation pursuant
to this section shall, upon conviction, be punishable by a fine of
$50. Any subsequent violation of this section shall, upon conviction,
be punishable by a fine not exceeding $250 per violation.
(2)
Notwithstanding Subsection D(1), the Building Inspector may revoke immediately any permit granted pursuant to this section if the Building Inspector determines, in his/her sole discretion, that the keeping of chickens on the subject property in its then-existing condition presents a nuisance for neighboring properties and/or an unreasonable risk to the health, safety and general welfare of the surrounding neighborhood.
The Dog Control Officer shall have full power
to abate any and all nuisances arising from the keeping of animals,
fowl, chickens, ducks, geese or poultry, whether directly affected
by the foregoing sections or not; and the Dutchess County Department
of Health shall be the sole judge as to whether such stalls, coops
or houses shall require cleaning or disinfecting.
A.
All premises occupied or used by dogs shall be kept in a clean, sanitary condition. Failure to provide adequate food, water or shelter shall be a violation, and a dog may be seized in accordance with § 99-13.
B.
Anyone who has an electric fence must identify said
electric fence with a sign warning the public of its existence.
A.
It shall be unlawful for any owner of any dog in the
City of Beacon to permit or allow such dog to:
(1)
Run
at large.
[Amended 7-5-2011 by L.L. No. 9-2011]
(a)
Run
at large unless the dog is restrained by an adequate leash. "Run at
large" shall be defined herein as leaving the dog owner's parcel.
"Adequate leash" is defined as a leash which will control the dog
sufficiently to protect the public. This law shall not apply to the
use of trained canines by the Beacon Police Department or dogs located
within fenced-in areas in the Friends of Beacon Dog Park located in
Memorial Park; and
(b)
Violate
any of the Friends of Beacon Dog Park rules and regulations when using
the Friends of Beacon Dog Park, including but not limited to the requirement
that membership be obtained with Friends of Beacon Dog Park, Inc.,
and dogs be properly licensed before using the Friends of Beacon Dog
Park.
(2)
Run at large unless the dog is restrained by an adequate
leash. "Run at large" shall be defined herein as leaving the dog owner's
parcel. "Adequate leash" is defined as a leash which will control
the dog sufficiently to protect the public. This law shall not apply
to the use of trained canines by the Beacon Police Department.
(3)
Engage in habitual loud howling, barking, crying or
whining or conduct itself in such a manner so as to unreasonably and
habitually disturb the comfort or repose of any person other than
the owner of such dog.
(4)
Uproot, dig or otherwise damage any vegetables, lawns,
flowers, garden beds or other property not belonging to the owner
of such dog.
(5)
Chase, bite, jump upon or at or otherwise harass any
person in such a manner as to reasonably cause intimidation or fear
or to put such person in reasonable apprehension of bodily harm or
injury.
(6)
Habitually chase, run alongside of or bark at vehicles
or bicyclists while on a public street or highway or upon public or
private property other than property of the owner or other person
in control of said dog.
(7)
Cause damage or destruction to private or public property
or to create a nuisance by defecating, urinating or digging on public
or private property, other than property of the owner or other person
in control of the dog.
(8)
Harass, pursue or chase any domestic animal or wildlife.
B.
It shall be unlawful for the owner or person in custody
or control of any animal to allow such animal to defecate upon the
public property of the City, the highways of the City and the private
property of another other than the owner or keeper of said animal.
(1)
If such animal shall defecate upon property other
than that of the owner or keeper of the animal, the owner or keeper
must immediately clean up the feces and make proper disposition of
it so as not to endanger the health and safety of the public.
(2)
If an animal shall defecate upon the property of the
owner or keeper of such animal, the owner or keeper must clean up
the feces and make proper disposition of it within a reasonable period
of time if it will endanger the health and safety of the public.
(3)
It shall be unlawful for anyone to walk a dog in the
City of Beacon on property other than the owner’s or keeper’s
property without carrying the necessary implements to make sure any
dog feces are immediately cleaned up and properly disposed of. A
police officer, peace officer and/or dog control officer shall be
permitted to approach anyone walking a dog in the City of Beacon on
property other than the owner’s or keeper’s property and
demand to be shown the necessary implements as called for in this
subsection. Failure to carry the necessary implements shall be a
separate and distinct violation of this chapter.
[Added 8-19-2002 by L.L. No. 23-2002; amended 6-7-2004 by L.L. No. 11-2004]
C.
Establishment of the fact or facts that the owner of a dog has allowed or permitted such dog to commit any of the acts prohibited by Subsections A or B of this section shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine, leash or control his dog.
A.
"Dangerous dog" is defined as any dog which without
justification attacks a person and causes physical injury or death;
or poses a serious and unjustified imminent threat of harm to one
or more persons.
(1)
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.
(2)
If any dog shall attack, chase or worry any domestic
animal, as hereinafter defined, while such animal is in any place
where it may lawfully be, the owner or caretaker of such domestic
animal, or any other person witnessing such attack may, for the purpose
of preventing the killing or injury of such domestic animal, 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. "Domestic animal" means any domesticated
sheep, horse, cattle, fallow deer, red deer, sika deer, white-tailed
deer which is raised under license from the State Department of Environmental
Conservation, llama, goat, swine, fowl, duck, goose, swan, 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 cock fights shall not be considered domestic
animals for the purposes of this article.
(3)
Any person may make a complaint of an attack upon a person or of an attack, chasing or worrying of a domestic animal to a Dog Control Officer of the appropriate municipality. Such officer shall immediately inform the complainant of his right to commence a proceeding as provided in Subsection A(4) of this section and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself.
(4)
Any person may, and any Dog Control Officer as provided in Subsection A(3) hereof 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 Dog Control Officer, peace officer, acting pursuant to his special duties, or police officer directing such officer to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the judge or justice 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. If satisfied that the dog is a dangerous dog, the judge or justice shall then order any Dog Control Officer, peace officer, acting pursuant to his special duties, or police officer to cause the dog to be euthanized immediately, or shall order the owner to securely confine such dog permanently, except as provided in Subsection A(6) of this section. The owner shall 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. 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.
(5)
A dog shall not be declared dangerous if the court
determines that 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.
(6)
(7)
Penalties for offenses.
(a)
The owner of a dog who, through any act or omission,
negligently permits his or her dog to bite a person, causing physical
injury, shall be subject to a civil penalty not to exceed $400, in
addition to any other applicable penalties.
(b)
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.
(c)
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 article, 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.
(d)
If any dog, which had previously been determined by a judge or justice to be a dangerous dog, as defined in § 99-10 of this article, 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.
(8)
The owner shall not be liable pursuant to Subsection A(7)(a), (b), (c) or (d) 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, sodomy 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.
(9)
Nothing contained herein shall limit or abrogate any
claim or cause of action which any person who is injured by a dog
with a vicious disposition or a 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.
(10)
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.
B.
Any dog which has attacked or bitten any human being
or which habitually attacks other dogs or domestic animals is hereby
presumed to be a vicious dog for the purposes of this section, until
further determination of facts are made as hereinafter provided.
C.
Any dog which poses a threat of serious bodily injury
or death to any person or any domestic animal or which has been trained,
tormented, badgered, baited or encouraged to engage in unprovoked
attack upon persons or domestic animals shall be declared potentially
dangerous or vicious.
D.
It shall be the duty of the Dog Control Officer or
any person authorized by him or the governing body of the City to
receive and investigate complaints against a dog when any dog complained
against shall be deemed by the proper authorities to be a potentially
dangerous or vicious dog, as herein defined; said Officer shall file
a complaint in the City Court of the City, which Court shall thereupon
cause the owner or person harboring such dog to be notified, in writing,
of the complaint and to appear before said City Court Judge at a stated
time and place. Pending the disposition of said complaints, the Dog
Control Officer or such other authorized person may order the dog
to be muzzled and leashed while being walked and to be confined at
all other times.
E.
The City Court Judge, at the time set for such hearing,
shall inquire into the facts and give all interested persons an opportunity
to be heard under oath and to be represented by counsel, and the City
Court Judge shall decide in accordance with such evidence before him.
If the City Court Judge shall decide that such dog complained of is
a vicious dog as defined by this section, notice of such decision
shall be given to the owner or person harboring such dog.
F.
No dog which has been so determined to be a vicious
dog shall be permitted to run at large or to be upon any street or
public place in the City except while securely muzzled and under leash,
and the owner or person harboring any such vicious dog who shall suffer
or permit such dog to be upon any street, public place or private
property in the City, other than the property of the owner or person
harboring such dog, while not securely muzzled and under leash, shall
be guilty of a violation of this chapter.
G.
The owner or harborer of a potentially dangerous or
vicious dog shall display, in a conspicuous manner, a sign on his
premises warning that a potentially dangerous or vicious dog is on
those premises. The sign shall be visible and legible from 50 feet
of a suitable enclosure for such dog.
A.
No owner shall own, harbor or keep any dog within
the City which is not currently inoculated against rabies; provided,
however, that the animals which have not attained the age of four
months or do not have a set of permanent teeth shall not be required
to be inoculated, and further provided that any animal may be exempt
from the requirements of such inoculation for specified period of
time by the Dutchess County Department of Health upon the presentation
of a certificate from a veterinarian stating that, because of infirmity
or other physical condition, the inoculation of such animal for said
specified period of time shall be deemed advisable by said veterinarian.
[Amended 5-5-2003 by L.L. No. 4-2003]
B.
Inoculations shall be made by a duly licensed veterinarian
of the State of New York or such other person permitted by law to
make the same and approved by the Dutchess County Department of Health.
C.
Whenever a dog, or other animal, is infected with
rabies or is suspected of being infected with rabies or has been bitten
by an animal infected with rabies or suspected of being infected with
rabies, the person owning or having the care, custody or control of
any such animal or any person having knowledge or suspicion of such
infection shall notify the Dutchess County Department of Health and/or
Dog Control Officer of the City immediately. Any such report shall
be reduced to writing at the request of the Dutchess County Department
of Health and the City of Beacon.
D.
If a dog or other animal is known or believed to have
rabies or has been bitten by a dog or other animal known or suspected
of having rabies, the owner of such animal shall be notified, in writing,
to have the animal confined for a period of not less than six months
or such lesser period specified by the State Department of Health
and placed under the observation of a veterinarian, at the expense
of the owner, for such period.
E.
Any animal confined under order of the Dutchess County
Department of Health shall not be released until a certificate of
release has been issued by said Department.
F.
Whenever it becomes necessary to safeguard the public
from the danger of rabies, the Mayor, upon recommendation of the Dutchess
County Department of Health, shall issue a proclamation ordering every
person owning or keeping a dog, or other animal, to confine it securely
on his premises unless such animal shall have a muzzle and leash of
sufficient strength to prevent the biting of any person.
G.
Any such animal running at large during the time of
the proclamation shall be seized and impounded, unless noticeably
infected with rabies.
H.
All dogs or other animals so noticeably infected with
rabies and displaying vicious propensities shall be killed by the
Dog Control Officer or any other authorized person after a written
diagnosis of infection by a veterinarian of the State of New York.
I.
The Dog Control Officer or any other authorized person
shall promptly notify, in writing, the Dutchess County Department
of Health and the owner, if known, of the killing and the reason for
the killing of any dog, or other animal, in accordance with the provisions
of this section.
This article shall be enforced by a Dog Control
Officer as defined herein.
[Amended 12-20-2010 by L.L. No. 21-2010; 8-6-2012 by L.L. No. 19-2012]
A.
Any dog in violation of this article or of the Agriculture and Markets Law may be seized by any Dog Control Officer, as defined herein, and such dog shall be impounded and disposed of in accordance with the provisions of Article 7 or other applicable provisions of the Agriculture and Markets Law.
B.
No person shall hinder, resist or oppose the Dog Control Officer
or other person authorized to administer and enforce the provisions
of this article in the performance of the person's duties pursuant
to this article.
C.
After such seizure, the record owner of such dog or an adult member
of his family, if the owner is ascertainable from the dog's license
tag or sleeve, shall be notified personally or by regular mail that
the dog has been seized and may be destroyed or put up for adoption
unless redeemed.
D.
A dog owner may redeem his dog from the pound upon payment in cash
or by certified check of the amount prescribed in the City Fee Schedule[1] for seizure of dogs and shall reimburse the shelter for
the cost of keeping and caring for the dog, as determined by the shelter.
In the event the dog seized is also unlicensed, the owner shall also
be required to pay the cost of having the dog licensed and shall pay
a surcharge fee, as set forth in the City Fee Schedule. This subsection
hereby overrides § 117(4) of the Agriculture and Markets
Law of the State of New York.
[1]
Editor's Note: The fee schedule is on file in the City
offices.
E.
No action shall be maintained against the City of Beacon, any duly
designated Dog Control Officer or any other agent or officer of the
City to recover the possession or value of any dog or for damages
for injury or compensation for the destruction or adoption of any
dog seized, destroyed or adopted pursuant to the provisions of this
article.
[Amended 12-2-2002 by L.L. No. 31-2002; 10-18-2004 by L.L. No. 40-2004; 7-5-2011 by L.L. No. 9-2011]
A.
It shall
be unlawful for any person harboring, owning or possessing any dog
to permit the same upon public property, unless the public property
is specifically designated as an area where dogs are authorized.
B.
It shall
be unlawful for any person harboring, owning or possessing any dog
to permit the same to soil, defile, defecate on or commit any nuisance
on any common thoroughfare, sidewalk, passageway, bypath, play area,
park or any place where people congregate or walk or upon any public
property whatsoever, unless the public property is specifically designated
as an area where dogs are authorized.
C.
If any dog
shall defecate upon public property, the owner or keeper of the dog
must immediately clean up the feces and make proper disposition of
it so as not to endanger the health and safety of the public.
D.
The Mayor
and City Council hereby authorize and allow dogs to be walked at Riverfront
Park and the Riverside Trail subject to all of the terms and conditions
of this chapter. The Mayor and City Council hereby also authorize
and allow dogs to be walked on a leash from the Fishkill Avenue entrance
to Memorial Park or the Fishkill Avenue Parking Lot to the Friends
of Beacon Dog Park located in Memorial Park and to be allowed to run
off leash within fenced-in areas in the Friends of Beacon Dog Park
located in Memorial Park.
A.
The Dog Control Officer or a police officer observing
a violation of this article in his presence shall issue and serve
an appearance ticket for such violation. The appearance ticket shall
be in the form prescribed by the City Council by resolution in accordance
with the provisions of § 124 of the Agriculture and Markets
Law and this article. An answer to such appearance ticket shall be
made within five days of the violation, by registered or certified
mail, return receipt requested, in lieu of a personal appearance on
the return date at the time and court specified in the appearance
ticket, in accordance with the provisions of § 124 of the
Agriculture and Markets Law and this article.
B.
Any person who observes a dog in violation of this article may file a complaint under oath with the Dog Control Officer 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 the dog. Upon receipt by the Dog Control Officer of any such complaint, he may summon the alleged owner to appear in person before him for a hearing, at which both the complainant and owner shall have an opportunity to be represented by counsel and to present evidence. After such hearing, or at his sole discretion, the Dog Control Officer may bring the complaint in front of the City Court Judge. If the City Court Judge decides that further action is warranted, he may, in addition to imposing a penalty pursuant to §99-16, do any of the following:
[Amended 5-1-2006 by L.L. No. 7-2006]
[Amended 7-5-2011 by L.L. No. 9-2011; 8-6-2012 by L.L. No. 19-2012]
Upon conviction, a violation of this chapter shall be deemed
a violation and shall be punishable by a fine not exceeding $50 for
the first offense, $100 for the second offense and $250 for each offense
thereafter or by imprisonment for a period not exceeding 15 days,
or by both such fine and imprisonment, and within the court's
discretion, the imposition of any other reasonable conditions, including,
but not limited to, requiring the offending dog to be confined to
a leash or run on the owner's property and/or confined within
the home of the owner's property and/or confined within a fence
and/or prohibited from using the Friends of Beacon Dog Park. This
section hereby overrides § 118(2) of the Agriculture and
Markets Law of the State of New York.
This chapter shall supersede all prior local
laws, ordinances, rules and regulations relative to the control of
dogs and other animals within the City of Beacon, and they shall be,
upon the effectiveness of this chapter, null and void.
[Added 7-5-2011 by L.L. No. 9-2011]
A.
No membership to use the Friends of Beacon Dog Park shall be issued with respect to any dog who has been designated a dangerous dog in accordance with the Agriculture and Markets Law or §§ 99-10A, B or C of the Code of the City of Beacon. The Dog Control Officer shall provide the City Clerk with a list of such dogs.
B.
A violation of any of the rules or regulations posted at the Friends of Beacon Dog Park shall constitute a violation of this article. Any person who violates the rules or regulations as posted at the Friends of Beacon Dog Park shall be deemed to have committed an offense of this article and shall be subject to the penalties set forth in § 99-16.
[Added 8-6-2012 by L.L.
No. 19-2012]
The City may put any dog up for adoption which has not been claimed by its owner within the time prescribed by Article 7 of the Agriculture and Markets Law. The City may charge a fee, as set forth in the City Fee Schedule,[1] for adoption of any dog the City places for adoption.
[1]
Editor's Note: The fee schedule is on file in the City
offices.
