[HISTORY: Adopted by the Town Board of the
Town of Chatham as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-21-2011 by L.L. No. 1-2011[1]]
[1]
Editor's Note: This local law superseded former Art. I, Dog
Restrictions, adopted 8-18-2005 by L.L. No. 3-2005.
The Town Board of the Town of Chatham (hereinafter referred
to as the "Town") finds that the running at large and other uncontrolled
behavior of licensed and unlicensed animals, including dogs, has caused
physical harm to persons, damage to property and created nuisances
within the Town. The purpose of this article is to protect the health,
safety and well-being of persons and property by imposing restrictions
on the owners of animals within the Town.
The title of this law shall be, "Animal Control Law of the Town
of Chatham."
The position of Animal Control Officer is hereby created and
shall be filled by appointment of the Town Board of the Town of Chatham
as set forth herein.
As used in this article, the following words shall have the
following respective meanings:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article, and as amended thereafter.
Pets, farm animals, dogs, cats, sheep, horses, cattle, goats,
swine, fowl, ducks geese, turkeys, chickens, any other mammal, bird,
reptile, whether domesticated or not, or which is classified by the
NYS Department of Environmental Conservation as "dangerous wildlife."
That such animal is securely confined or restrained and kept
on the owner's premises, whether within a building, kennel, electric
fence or other suitable enclosure or securely fastened on a chain,
wire or other effective tether of such length and so arranged that
the animal cannot reach or endanger any person or any adjacent premises
or on any public street, way or place, or, if the animal is being
transported by the owner, that it is securely confined in a crate,
or other container, or so restrained in a vehicle that it cannot be
expected to escape therefrom.
Any person authorized by the Columbia County Board of Supervisors
or the Town Board of the Town of Chatham from time to time to enforce
the provisions of this article or the provisions of the Agriculture
and Markets Law.
To provide food or shelter to any animal.
The party purchasing the license of an animal, unless the
animal is or has been lost, and such loss reported to the Animal Control
Officer and reasonable search has been made. If an animal is not licensed,
the term of "owner" shall designate and cover any person or persons,
firm, association or corporation who or which at any time owns or
has custody or control of, harbors, or is otherwise responsible for
any animal which is kept, brought or comes within the Town. Any person
owning or harboring an animal for a period of one week prior to the
filing of any complaint charging a violation of this article shall
be held and deemed to be the owner of such animal for the purpose
of the article. In the event any animal found to be in violation of
this chapter shall be owned by a minor, the head of the household
in which said minor resides shall be deemed to have custody and control
of said animal and shall be responsible for any acts of the said animal
and violation of this article.
Any real property owned by the Town which is used for recreational
purposes by the public including, but not limited to, parks or playgrounds.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
Any real property situate within the Town which is used for
educational purposes or purposes incidental thereto.
Shall designate the area within the corporate limits of the
Town.
A.
It shall be unlawful for any owner of any animal in the Town to permit
or allow such animal to:
(1)
Engage in habitual loud howling, barking, crying, whining or making
of such noise 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 animal.
(2)
Uproot, dig, or otherwise damage any vegetables, lawns, flowers,
garden beds, or other property not belonging to the owner of such
animal.
(3)
Chase, 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.
(4)
Habitually chase, run alongside of or bark at motor vehicles while
on a public street or highway or upon public or private property other
than property of the owner or harborer of said animal.
(5)
Create a nuisance by defecating, urinating or digging on public property
or private property other than of said owner.
This article shall be enforced by any Animal Control Officer
or peace officer when acting pursuant to his/her special duties.
A.
Any animal found in violation of the provisions of § 69-2.3 of this article may be seized pursuant to the provisions of § 118 or Article 26 of the Agriculture and Markets Law.
B.
Every animal seized shall be properly cared for, sheltered, fed and
watered for the redemption periods set forth in § 118 or
Article 26 of the Agriculture and Markets Law.
D.
If the owner of any unredeemed animal is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section whether or not such owner chooses to redeem his/her animal.
E.
Any animal unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provisions of § 118 or Article 26 of the Agriculture
and Markets Law.
F.
No action shall be maintained against the Town, any Animal Control
Officer or peace officer when acting pursuant to his/her special duties,
or any other agent or officer of the Town or person under contract
to said Town to recover the possession or value of animal, or for
damages for injury or compensation for the destruction of any animal
seized or destroyed pursuant to the provisions of this article or
the Agriculture and Markets Law.
Any Animal Control Officer, peace officer when acting pursuant
to his/her special duties, or police officer in the employ of or under
contract the Town observing a violation of this article in his/her
presence shall issue and serve an appearance ticket for such violation.
A.
Any person who observes an animal in violation of this article may
file a complaint under oath with a Town Justice specifying the nature
of this violation, the date thereof, a description of the animal and
the name and residence, if known, of the owner of the animal.
B.
Upon receipt by the Town Justice of any such complaint, he/she shall
summon the alleged owner to appear in person before him/her for a
hearing, at which both the complainant and owner shall have an opportunity
to be represented by counsel and to present evidence. If, after such
hearing, the Town Justice decides that further action is warranted,
he/she may order:
A conviction of a violation of this article shall be deemed
an offense and punishable by a fine not exceeding $50 for the first
offense, and $100 for each offense thereafter.
[Adopted 12-16-2010 by L.L. No. 4-2010[1]]
[1]
Editor's Note: This local law superseded former Art. II, Dog
License Fees, adopted 9-11-1986 by L.L. No. 3-1986.
The Town Board of the Town of Chatham finds it necessary to
enact a local law to address the licensing of dogs in lieu of the
State of New York's recent mandate that dog licensing become
a local government function on January 1, 2011. The purpose of this
article is to provide for the licensing and identification of dogs,
the control and protection of the dog population and the protection
of persons, property, and domestic animals from dogs.
This article is adopted pursuant to § 10 of the Municipal
Home Rule Law and New York Agriculture and Markets Law Part T of Chapter
59 of the Laws of 2010.[1]
[1]
Editor's Note: Chapter 59, Part T, of the Laws of 2010
amended Article 7 of the Agriculture and Markets Law, effective 1-1-2011.
The Town Board of the Town of Chatham hereby adopts the following
article with regard to the licensing of dogs within the Town of Chatham.
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 familiarias.
Any individual appointed by the Town of Chatham 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.
Tag issued by the Town of Chatham which sets forth the identification
number assigned to a specific dog and such other information as the
Town of Chatham deems appropriate.
Any dog carrying an identification tag as required by this
article.
The expiration date as noted on the dog license issued by
the Town of Chatham.
Any person who harbors or keeps a dog.
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 Chatham shall
be held and deemed the owner of such dog for purposes of this article.
The Clerk of the Town of Chatham, where dog licenses are
validated or issued pursuant to this article.
A.
All dogs within the Town of Chatham 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 Chatham. 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 and must be renewed prior to the expiration date thereof.
In no event shall a license or renewal be issued to expire after the
expiration date of the rabies vaccination provided by the owner. The
Town of Chatham hereby specifically opts out of the option to allow
any licensed chapter of the Humane Society to issue licenses within
the Town.
B.
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.
C.
All licenses shall expire on the last day of the last month for which
they are issued.
D.
The owner of any dog shall notify the Town Clerk of a change of address,
ownership, death or loss of his or her licensed dog.
E.
Upon the submission of a dog license application, all required documentation
and payment of the required license fee, a Town of Chatham 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.
F.
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 $10.
G.
Any dog harbored within the Town of Chatham 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.
A.
It shall be a violation, punishable as provided in Subsection C of this section, for:
(1)
Any owner to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required by this
article;
(3)
Any owner to fail to renew a dog license on or before the license
expiration date;
(4)
Any person to knowingly affix to any dog any false or improper identification
tag;
(5)
Any owner or custodian of any dog to fail to confine, restrain or
present such dog for any lawful purpose pursuant to this article;
(6)
Any person to furnish any false or misleading information on any
form required to be filed with the Town of Chatham pursuant to this
article.
B.
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 Chatham 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.
C.
A violation of this section shall be punishable as follows:
(1)
By a fine of not less than $50 nor more than $250, except that:
(a)
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
(b)
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.
A.
Any dog control officer or peace officer, acting pursuant to his
or her special duties, or police officer in the employ of or under
contract to the Town of Chatham shall seize:
(1)
Any dog which is not identified and which is not on the owner's
premises;
(2)
Any dog which is not licensed, whether on or off the owner's
premises;
(3)
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;
(4)
Any dog found to be without vaccination for rabies; and
(5)
Any dog which poses an immediate threat to the public safety.
B.
Any dog control officer in the employ of or under contract to the
Town of Chatham may seize any dog in violation of this article or
any other local law of the Town of Chatham relating to the control
of dogs.
C.
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.
D.
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 fees:
(1)
Any and all costs associated with the shelter, feeding, and care
of the dog, plus any impoundment fees as set forth in the current
Humane Society or similar institution contract.
E.
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 by in § 62-10D(1) of this article and by
producing proof that the dog has been duly licensed.
F.
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.
