[HISTORY: Adopted by the Town Board of the Town of Kinderhook as indicated in article histories. Amendments noted where applicable.]
Animals in park and recreation areas — See Ch. 172.
[Adopted 11-8-2010 by L.L. No. 2-2010]
As used in this article, the following terms shall have the meanings indicated:
- Person having possession or guardianship of any dog who is not the owner of the dog.
- Includes male and female, licensed and unlicensed members of the species canis familiaris.
- DOG CONTROL OFFICER
- Any individual appointed by the Town of Kinderhook to enforce any and all New York State Agriculture and Markets Laws and local laws regulating animals, including dogs.
- To provide food and/or shelter to any dog.
- IDENTIFICATION TAG
- Tag issued by the Town of Kinderhook which sets forth the identification number assigned to a specific dog and such other information as the Town of Kinderhook deems appropriate.
- IDENTIFIED DOG
- Any dog carrying an identification tag as required by this article.
- LICENSE EXPIRATION DATE
- The expiration date as noted on the dog license issued by the Town of Kinderhook.
- Any person who harbors or keeps a dog.
- OWNER OF RECORD
- The person in whose name any dog was last licensed pursuant to this article, except that if any license is issued on application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person. Any person owning or harboring a dog for a period of one week in the Town of Kinderhook shall be held and deemed the owner of such dog for purposes of this article.
- TOWN CLERK
- The Clerk of the Town of Kinderhook, where dog licenses are validated or issued pursuant to this article.
All dogs within the Town of Kinderhook four months of age or older, unless otherwise exempted, shall be licensed. The owner of each dog required to be licensed shall obtain, complete and return, to the Town Clerk or the Dog Control Officer, a dog license application, together with required supporting documentation, the license application fee, any applicable license surcharges and such additional fees as may be established by the Town of Kinderhook. 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 but shall not be issued to expire after the expiration date of the rabies vaccination provided by the owner.
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.
All licenses shall expire on the last day of the last month for which they are issued.
The owner of any dog shall notify the Town Clerk of a change of address, ownership, death or loss of their licensed dog.
Upon the submission of a dog license application, all required documentation and payment of the required license fee, a Town of Kinderhook dog license identification tag will be provided to the owner of the dog. The identification tag must be affixed to a dog collar and worn by the dog at all times.
For those owners who fail to renew a dog license, the Dog Control Officer shall mail a late renewal fee invoice and warning that failure to renew the license within a specified time shall result in the issuance of a court appearance ticket. The late renewal of an expired dog license shall result in a fine of $5.
Any dog harbored within the Town of Kinderhook which is owned by a resident of New York City and licensed by the City of New York or which is owned by a nonresident of New York and licensed by a jurisdiction outside the State of New York shall, for a period of 30 days, be exempt from the licensing and identification provisions of this article.
The licensing fees for spayed/neutered dogs and unspayed/unneutered dogs shall be set by resolution of the Kinderhook Town Board. In addition to the licensing fees, the Town of Kinderhook shall be responsible for collecting any mandatory fees set by the State of New York.
It shall be a violation, punishable as provided in Subsection C of this section, for:
Any owner to fail to license any dog.
Any owner to fail to have any dog identified as required by this article.
Any owner to fail to renew a dog license on or before the license expiration date.
Any person to knowingly affix to any dog any false or improper identification tag.
Any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this article.
Any person to furnish any false or misleading information on any form required to be filed with the Town of Kinderhook pursuant to this article.
Any owner or custodian of any dog to permit or allow it to:
Engage in habitual howling or barking or conduct itself in such manner as to habitually annoy any person other than the owner or person harboring such dog.
Run at large, unless such dog is restrained by an adequate collar and leash and accompanied by its owner or a responsible person able to control the animal. If the accompanying owner is a person incapable of controlling this animal for any reason, the owner shall be accompanied by a person capable of exercising such control. For purposes of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by their owner.
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog.
Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
Attack, chase or worry any domestic animals while they are in a place where they may lawfully be.
Habitually chase or bark at motor vehicles.
It shall be the duty of the Dog Control Officer to bring an action against any person who has committed any violation set forth in this article pursuant to the Penal Law of the State of New York. Every Dog Control Officer shall have the power to issue an appearance ticket pursuant to § 150.20 of the Criminal Procedure Law, to serve a summons and to serve and execute any other order or process in the execution of the provisions of this article. In addition, any Dog Control Officer of the Town of Kinderhook may serve any process, including an appearance ticket, a uniform appearance ticket and a uniform appearance ticket and simplified information, related to any proceeding, whether criminal or civil in nature, undertaken in accord with the provisions of this article or any local law or ordinance promulgated pursuant thereto.
A violation of this section shall be punishable as follows:
By a fine of not less than $50 nor more than $250, except that:
When the person was found to have violated any part of this section within the preceding five years, the fine may be not less than $100 nor more than $250; and
Where the person was found to have committed two or more such violations of any part of this section within the preceding five years, the fine may be not less than $150 nor more than $400.
Any Dog Control Officer or peace officer, acting pursuant to his special duties, or police officer in the employ of or under contract to the Town of Kinderhook shall seize:
Any dog which is not identified and which is not on the owner's premises;
Any dog which is not licensed, whether on or off the owner's premises;
Any licensed dog which is not in the control of its owner or custodian or not on the premises of the dog's owner or custodian, if there is probable cause to believe the dog is dangerous;
Any dog found to be without vaccination for rabies; and
Any dog which poses an immediate threat to the public safety.
Any Dog Control Officer in the employ of or under contract to the Town of Kinderhook may seize any dog in violation of this article or any other local law of the Town of Kinderhook relating to the control of dogs.
Each dog seized in accordance with the provisions of this article shall be properly sheltered, fed and watered for the redemption period as hereinafter provided.
Each dog which is not identified, whether or not licensed, shall be held for a period of at least 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 following impoundment fees:
The costs associated with the shelter, feeding, and care of the dog, plus an impoundment fee of $10 for the first impoundment of any dog owned by that person;
The costs associated with the shelter, feeding, and care of the dog, plus an impoundment fee of $24 and $3 for each additional 24 hours or part thereof for the second impoundment, within one year of the first impoundment, of any dog owned by that person; or
The costs associated with the shelter, feeding, and care of the dog, not less than $30 for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof, for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.
Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. Such dog shall be held for a period of 30 days after the date of the mailing or personal notice, during which period the dog may be redeemed by the owner. The owner may redeem such dog upon payment of the impoundment fees prescribed in Subsection D(1) through (3) of this section and by producing proof that the dog has been duly licensed.
An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption.
Establishment of the fact or facts that the owner of a dog failed to properly license and identify his/her dog as licensed shall be presumptive evidence that the owner or person harboring said dog is not in compliance with the provisions of this article.
Any person who shall interfere with or obstruct any animal control officer, police officer and any officer or agent of a duly incorporated society for the prevention of cruelty to animals shall be guilty of a misdemeanor, punishable by imprisonment for not more than one year or by a fine of not more than $1,000, or both.