[HISTORY: Adopted by the Town Board of the
Town of Highlands as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-10-1998 by L.L. No. 1-1998;
amended in its entirety 8-12-2013 by L.L. No. 1-2013]
This article shall be known as the "Dog Control Ordinance of
the Town of Highlands" and shall apply to the entire Town of Highlands.
The purpose of this article is to preserve the public peace
and tranquility in the Town of Highlands and to adopt and enforce
certain regulations and restrictions on the activities of dogs and
owners of dogs for the preservation and protection of the property
and the persons and inhabitants of the Town of Highlands.
As used in this article, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
The delivery to any natural person, 18 years of age or older,
for the purpose of harboring a dog, seized or surrendered, from the
Town's animal shelter.
The New York State Agriculture and Markets Law.
Any unleashed dog off the premises of the owner and on property
open to the public or on private property not owned or leased by the
owner of the dog, unless permission for such presence has been obtained.
No dog shall be deemed "at large" if it is:
The Town Clerk, or Deputy Town Clerk, of the Town of Highlands,
where licenses are to be validated or issued.
Any dog or cat, and shall also mean any other domesticated
animal normally maintained as a pet in or near the household of the
owner or person who cares for such other domesticated animal.
Includes any dog which has, pursuant to Article 7 of the
New York State Agriculture and Markets Law, been found to be a "dangerous
dog," as such term is defined therein.
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
Both male and female animals belonging to the species canis
familiaris and shall include the singular and plural.
A person or persons appointed by the Town of Highlands for
the purposes of enforcing this article and Agricultural 7 of the Agriculture
and Markets Law of New York State.
An enclosed shelter that provides protection from the elements
for a dog.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any dog trained or primarily used for the purpose of protection
of people, premises and/or business.
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred.
To provide food, shelter or care, including veterinarian
care, to any dog.
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the State of New York during the period
such dog is being trained or bred for such training.
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
Restrained by a leash attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
Any person having a right of property in, harboring or keeping
a dog, including both a person in whose name a dog is licensed and
a person who harbors a dog.
Any person with a disability as that term is defined in Subdivision
22 of § 292 of the New York State Executive Law.
Any dog owned by any municipal police department or any state
or federal law enforcement agency, which has been trained to aid law
enforcement officers and is actually being used for police work purposes.
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the State of New York
during the period such dog is being trained or bred for such purpose.
The Town of Highlands.
Any dog which has been honorably discharged from the United
States Armed Services.
Any dog that is trained to aid in the search for missing
persons and is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
It shall be a violation of this article for any owner of any
dog to permit or allow such dog to:
A.
Run at large in any public street, public park or public place unless
restrained by a chain or leash not exceeding six feet in length and
in charge and under the control of a responsible person, or to be
present on private property other than the owner's premises,
whether restrained by a chain or leash. Any dog found running at large
off the owner's premises shall be seized by the Dog Control Officer.
Proof that a dog has been in a public street, public park or public
street unleashed will be prima facie evidence of a violation of this
article by the person owning or harboring said dog. Any dog restrained
by a chain or a leash not in control of a person shall be restrained
by said leash or chain so as to not go nearer than 15 feet from any
perimeter property line of the owner. Any dog not so restrained on
the owner's premises or found off the owner's premises shall
be subject to seizure by the Animal Control Officer.
B.
Engage in loud howling, barking, whining or cause disturbing noises
or to conduct itself in such a manner as to annoy any person other
than the owner of the dog. In the event that the barking or disturbing
noise continues for a period of 15 minutes in a continuous or substantially
continuous manner, the owner of the dog or the individual harboring
said dog shall be subject to a fine or penalty as hereinafter set
forth.
C.
Cause damage or destruction to property of a person other than the
owner of such dog or commit a nuisance by defecating or urinating
upon the premises of a person other than the owner of the dog.
D.
Bite, chase, jump upon or otherwise harass any person in such a manner
as to cause intimidation, whether restrained by a leash or otherwise
or to put such a person in reasonable apprehension of bodily harm
or injury.
E.
Chase, run alongside of, bark at, or otherwise harass motor vehicles,
motorcycles, bicycles or pedestrians.
F.
Kill or injure any companion animal.
G.
Be over six months of age and not vaccinated against the rabies virus.
I.
Any violation of Article 7 of the Ag and Markets Law.
Persons or corporations owning a guard or watch dog must post
on all gates and entrances to the property and post in other conspicuous
places signs which specifically state that there is a guard or watch
dog on the premises.
A.
It shall be a violation of this article for any owner of any dog
to permit or allow the premises, structures or enclosures in which
such dog is kept to be unclean or unsanitary.
B.
Dogs that are kept out-of-doors shall be provided with an enclosed
shelter or doghouse constructed of wood and having three sides, a
floor and a roof. The front of the doghouse shall be constructed with
an opening of sufficient size as to allow the dog to enter but shall
not be completely open. During the winter months, said doghouse shall
be provided with hay or other material, to be placed inside said doghouse,
which material shall be replaced as needed. A doghouse shall be provided
for each dog that is at the dog owner's residence.
C.
No puppy under the age of six months shall be kept outside during
the winter months on a permanent basis.
D.
No person shall breed or attempt to breed or aid or abet the breeding
of any dog in any public place within the Town or any place within
the Town not entirely enclosed and completely screened from observation
within the enclosure. Any female dog that is in season (heat) shall
not be left outside unattended unless said dog is kept in an enclosed
kennel so as to prevent said dog from becoming loose and also to prevent
any male dog from harassing said female dog while in season.
E.
No dog or any other animal shall be left completely enclosed in a
parked vehicle without adequate ventilation or in such a way as to
subject the animal to temperatures sufficiently above the surrounding
atmosphere which would affect the animal's health and welfare.
If any such animal is deemed to be in distress, it may be removed
from said vehicle to prevent further risk to its health.
F.
No dog or any other animal shall be transported on any public thoroughfare
in any external part of any automobile or truck unless such dog or
animal is totally enclosed within such vehicle, within a secured container
carried upon the vehicle or securely cross-tethered to such vehicle
in such a way as to prevent falling out of or off such vehicle and
to prevent injury to the animal. No dog or any animal shall be transported
in the trunk of any vehicle.
Any person owning a dog that has been found to be a dangerous
dog under Article 7 of the Ag and Markets Law shall adhere to the
restrictions and conditions set forth in this section unless other
restrictions and conditions are ordered by the Town Court. Failure
to adhere to these restrictions and conditions, or such differing
restrictions and conditions ordered by the Town Court, will result
in said dog being seized whether on or off the owner's property
and humanely euthanized and buried by a local veterinarian at the
owner's expense.
A.
A dangerous dog, when outside of the owner's dwelling, shall
be securely confined within an enclosed structure no smaller than
six feet by six feet by 12 feet. Said structure will be enclosed on
four sides and top. The floor area of said enclosure shall be concrete
or other type of material so as to prevent the dog from escaping by
digging out, etc. The door, gate or other means of entry or egress
shall be provided with a lock or other device which cannot be opened
by the dog. In addition to preventing the dog from escaping, the enclosure
must prevent children or adults, other than the owner of said dog,
from gaining entry.
B.
The premises in which the dangerous dog is confined or housed shall
be posted (tagged) with a conspicuous notice(s) or sign(s) using the
words "Beware of Dog" that warns the public of the nature of the dog
which is confined. Where applicable, the sign shall be displayed on
the front and rear of the property and at a side gate(s) or entrance(s).
A similar sign should be posted or adjacent to the front door. The
lettering of posted sign(s) should be at least two inches in height.
C.
A dangerous dog, when outside the owner's dwelling or the enclosed
structure provided for in this section, shall be led by a chain or
leash not exceeding six feet in length and under the control of a
responsible adult capable of controlling said dog.
D.
A dangerous dog shall be muzzled when off the owner's property.
E.
The owner of a dangerous dog shall enroll said dog in an obedience
course. The dog must complete such course within 30 days of the court's
order finding said dog to be dangerous. A certificate shall be presented
to the Town of Highlands Dog Control Department upon completion of
said obedience course.
F.
The owner of a dangerous dog shall notify the Town of Highlands Dog
Control Department immediately in the event that said dog escapes,
attacks another animal and/or human, dies, is transferred to another
owner or has a change of address.
G.
A dangerous dog shall be spayed or neutered within 30 days of the
court's order, and proof of the same must be presented to the
Town of Highlands Dog Control Department.
H.
Where the restrictions and conditions set forth in this section differ
from those established in an order of the Town Court, the restrictions
and conditions set forth in such order shall control.
A.
Any dog which shall be running at large in violation of § 72-4A may be seized and impounded and thereafter redeemed, adopted or destroyed in accordance with the procedure set forth in this section.
B.
After any such seizure and impounding, the owner of such dog, if
known, may be notified thereof. Such dog so seized and impounded shall
be held for a period of no more than 10 days. The owner of said dog
may redeem the dog by producing a license for such dog and by paying
a redemption fee as established by resolution of the Town Board, and
all other costs, including veterinarian fees, incurred by the Town
for the seizure, impounding and harboring of such dog by the Town.
Upon the seizure of an 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 the 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.
C.
If any dog impounded is not redeemed as provided in this section,
the Town may have such dog humanely euthanized and buried by a local
veterinarian at the owner's expense.
D.
If an unidentified dog that has been seized and impounded is not redeemed by its owner after five days, said dog may be available for adoption by any responsible or proper person upon purchase of a dog license and payment of adoption fees as established by the Town Board and all other costs, including veterinarian fees, incurred by the Town for the seizure, impounding and harboring of such dog by the Town. If an identified dog is not redeemed by its owner after the period specified in § 72-7B, said dog may be available for adoption by any responsible or proper person upon purchase of a dog license and payment of adoption fees.
E.
For all dogs that are adopted, the owner must furnish proof from
a veterinarian to the Dog Control Department that said dog will have
been spayed or neutered within three months or by the sixth-month
birthday, whichever comes first, following release and delivery. Failure
to comply will result in said dog being seized by the Dog Control
Department, and ownership will be forfeited and the dog will become
the property of the Town to be either adopted or humanely euthanized
and buried by a local veterinarian at the prior owner's expense.
F.
The owner or prior owner of any dog humanely euthanized under any
provision of this article shall not be entitled to compensation from
the Town.
A.
Any person who violates this article or knowingly permits the violation
of this article or any of its provisions or who shall molest, obstruct
or interfere with the Dog Control Officer while engaged in the enforcement
of this article shall be deemed to have committed an offense against
this article. 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. Any person convicted of any such violation shall
be liable to the following civil penalties or fines and/or terms of
imprisonment:
(1)
Not less than $50 nor more than $150 and/or imprisonment for not
more than 15 days for the first violation.
(2)
Not less than $100 nor more than $250 and/or imprisonment for not
more than 15 days for a second violation within five years.
(3)
Not less than $150 and/or imprisonment for not more than 15 days
for the third and subsequent violations within five years.
B.
For the purposes of this section, a person convicted of violating
any provision of Article 7 of the Ag and Markets Law shall be considered
to have violated this article and shall be subject to the civil penalties
or fines and/or terms of imprisonment set forth in this section.
All civil penalties and fines imposed, and all fees and costs,
including redemption fees, boarding expenses, veterinarian fees, charges
for humane euthanasia or burial, incurred by the Town, pursuant to
this article, shall be listed in a notice(s) served on the owner and
setting forth a deadline within which such listed charges must be
paid by such owner. Said notice(s) shall further advise that, should
the owner fail to make payment within the established deadline, said
amount may be assessed and levied against the owner's premises,
and the expense so assessed shall constitute a lien and charge on
the premises on which it is levied until paid or otherwise satisfied
or discharged and shall be collected in the same manner as a real
property tax.
Any person who observes a dog in violation of this article may
file a complaint under oath with the Town Dog Control Department specifying
the nature of the violation, the date thereof, a description of the
dog and the name and residence, if known, of the owner of such dog.
Such complaint may serve as the basis for enforcing the provisions
of this article and Article 7 of the Ag and Markets Law.
A.
The provisions of § 170.10 of the New York State Criminal
Procedure Law may be waived, to the extent hereinafter indicated,
by a defendant charged with a violation of any provision of this article
or the Ag and Markets Law, other than a dangerous dog complaint brought
pursuant to Article 7 of the Ag and Markets Law, provided that such
person shall submit to the local criminal court having jurisdiction,
in person, by duly authorized agent, by first class mail or by registered
or certified mail, return receipt requested, an application setting
forth:
(1)
The nature of the charge;
(2)
The following information or instructions:
(a)
A plea of guilty to this charge is equivalent to a conviction
after trial. If you are convicted, you will be liable for a civil
penalty;
(b)
The giving of the foregoing instructions by means of a statement
printed in a noticeably distinct manner and in bold type in a size
equal to at least twelve point type, upon a summons, ticket or form
advising of the option to plea by mail issued to a person charged
with any such offense shall constitute compliance with the requirements
of this section; and
(c)
The foregoing provisions of this section may be waived as provided
in this section;
(3)
That defendant waives arraignment in open court and the aid of counsel;
(4)
That he or she pleads guilty to the offense as charged;
(5)
That defendant elects and requests that the charge be disposed of
and the civil penalty fixed by the court, pursuant to this section;
(6)
Any statement or explanation that the defendant may desire to make
concerning the offense charged; and
(7)
That defendant makes all statements with respect to such application
under penalty of perjury.
B.
This application shall be in such form as the Town shall prescribe
and a copy thereof may either be handed to the defendant by the Dog
Control Officer charging him with such offense or mailed to such defendant
thereafter. Thereupon the Town Court may proceed as though the defendant
had been convicted upon a plea of guilty in open court; provided,
however, that any imposition of civil penalty hereunder shall be deemed
tentative until such civil penalty shall have been paid and discharged
in full, prior to which time such court, in its discretion, may annul
any proceedings hereunder, including such tentative imposition of
civil penalty, and deny the application, in which event the charge
shall be disposed of pursuant to the applicable provisions of law,
as though no proceedings had been had under this section. If upon
receipt of the aforesaid application the Town Court shall deny the
same, it shall thereupon inform the defendant of this fact, and that
he is required to appear before the said court at a stated time and
place to answer the charge which shall thereafter be disposed of pursuant
to the applicable provisions of law.
A.
Any Dog Control Officer employed by the Town observing a violation of this article in his or her presence or upon obtaining a written complaint under § 72-10 may in his or her discretion issue and serve upon such person an appearance ticket for such violation.
B.
In case of violation of § 72-5 of the Town Code and/or § 118(1)(a) of the Ag and Markets Law, an order to remedy the violation will be served along with an appearance ticket. The owner of said animal will be given seven days in which to remedy the violation. An additional appearance ticket can be issued after this seven-day period if the violation continues, and additional appearance tickets can be issued each day until the violation is corrected. Each day's continued violation after an order to remedy thereof shall be served shall constitute and may be charged as a separate additional violation hereunder.
[Adopted 3-13-1990; amended in its entirety 12-20-2010 by L.L. No. 4-2010]
The purpose of this article is to provide for the licensing
and identification of dogs. Effective January 1, 2011, the State of
New York has relinquished the responsibility of dog licensing function
to local municipalities and eliminated the Animal Population Control
Fund.
A.
Licensing of dogs.
(1)
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for
any dog under the age of four months that is not at large. A license
shall be renewed after a period of one year beginning with the first
day of the month following the date of issuance. Renewal shall be
for a minimum of one year and shall not exceed three years, based
on the validation term of the rabies vaccination.
(2)
Application for a dog license shall be made to the Clerk.
(3)
The application shall state the sex, actual or approximate year of
birth, breed, color(s) and official identification number of the dog,
and other identification makers, if any, and the name, address, telephone
number, county and town of residence of the owner and such other information
as the Clerk may reasonably deem relevant.
(4)
In accordance with the Agriculture and Markets Law of the State of New York, dog licensing fees shall be set by resolution of the Town Board from time to time, and delineated in Chapter 109, Fees, of the Code of the Town of Highlands. Initially, application for a license shall be accompanied by a license fee as follows:
(5)
The Clerk, at the time of issuing any license pursuant to this article,
shall require the applicant to present a statement certified by a
licensed veterinarian showing that the dog or dogs have been vaccinated
to prevent rabies or, in lieu thereof, a statement certified by a
licensed veterinarian stating that, because of age or other reason,
the life of the dog or dogs would be endangered by the administration
of vaccine. The Clerk shall make or cause to be made from such statement
a record of such information and file such record with a copy of the
license.
(6)
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.
(7)
There shall be no fee charged for the license issued for any detection
dog, guide dog, hearing dog, police work dog, service dog, therapy
dog, war dog or working search dog. Each copy of the license issued
by the Clerk shall be conspicuously marked "Detection Dog," "Guide
Dog," "Hearing Dog," "Police Work Dog," "Service Dog," "Therapy Dog,"
"War Dog" or "Working Search Dog," as may be appropriate by the Clerk.
(8)
Upon validation by the Clerk, the application shall become a license
for the dog described therein. Once an application has been validated,
no refund shall be made.
(9)
The Clerk shall provide a copy of the license to the owner and retain
a record of the license in either paper or electronic format.
(10)
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. The original issued identification tag shall
remain the same for the life of the dog.
(11)
No dog can be adopted out of the Town's animal shelter
without first obtaining a license from the Clerk.
B.
Purebred licenses. There will not be distinct purebred licenses as previously provided for by the state. Any and all existing purebred licenses will now be required to comply with Subsection A of this section.
C.
Enumeration. In addition to the applicable license fees and surcharges,
each applicant for a dog license or renewal may be subject to a surcharge
to be determined by resolution of the Town Board adopted from time
to time, which shall be retained by the Town and used to defray the
cost of an enumeration of dogs living within the Town and the cost
of providing replacement identification tags. The initial surcharge
shall be a fee of $5. Such additional fee shall be used to pay the
expenses incurred by the Town in conducting the enumeration. In the
event the additional fees collected exceed the expenses incurred by
the Town in conducting an enumeration in any year, such excess fees
may be used by the Town for any other lawful purpose.
A.
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, a permanent official identification number. Such
identification number shall be carried by the dog on an identification
tag which shall be affixed to a collar on the dog at all times.
B.
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.
C.
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 at a fee of $3.
D.
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.
E.
The identification tag shall be imprinted with "Town of Highlands,"
"State of New York," a unique identification number, and the telephone
number of the Town Clerk's office.
F.
A dog participating in a dog show shall be exempt from the identification
requirement of this section during such participation.
A.
In the event of a change in ownership of any dog which has been assigned
an official identification number or in the address of the owner of
record of any such dog, the owner of record shall, within 10 days
of such change, notify the Clerk.
B.
If any dog which has been assigned an official identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Clerk.
C.
In the case of a dog's death, the owner of record shall so notify
the Clerk either prior to renewal of license or upon the time of such
renewal.
A.
Section 118 of the Agriculture and Markets Law establishes violations,
penalties and procedures pertaining, among other things, to the licensing
and identification of dogs and the furnishing of information on forms
and notifications to municipalities. The provisions below are in supplementation
and not in substitution of Agriculture and Markets Law § 118.
C.
Violations of this article shall be subject to a fine, not to be
less than $25, except that:
