[HISTORY: Adopted by the Orangetown Town Board as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2010 by L.L. No. 8-2010]
The Town Board of the Town of Orangetown finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons, damage to property and has created nuisances within the Town. The purpose of this local law is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dogs within the Town and to provide for the licensing and identification of dogs and the control of the dog population.
This local law is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
As used in this local law, the following words shall have the following respective meanings:
- Male and female licensed and unlicensed members of the species Canis familiaris.
- IDENTIFICATION TAG
- A tag issued by the Town Clerk which sets forth the identification number, name of the Town and state, telephone number for the Town and any other information deemed necessary by the Town Clerk.
- The person entitled to claim lawful custody and possession of a dog and who is responsible for purchasing the license for such dog, unless the dog is or has been lost and such loss was promptly reported to the Dog Warden and a reasonable search has been made. If a dog is not licensed, the term "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 dog which is kept, brought or comes within the Town. Any person owning or harboring a dog for a period of one week prior to the filing of any complaints charging a violation of this local law shall be held and deemed to be the "owner" of such dog for the purpose of this local law. In the event that the owner of any dog found to be in violation of this local law shall be under 18 years of age, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog and violations of this local law.
- Any individual, corporation, partnership, association or other organized group of persons or other legal entity.
- RUN AT LARGE
- To be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands.
- The Town of Orangetown.
It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:
Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person and under the full control of such owner or person. For the purpose of this local law, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by its owner.
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.
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property without the consent or approval of the owner thereof.
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.
Attack any domestic animal.
Habitually chase, run alongside or bark at motor vehicles, motorcycles or bicycles while on a public street, highway or place upon private property without the consent or approval of the owner of such property.
Create a nuisance by defecating, urinating or digging on public property or on private property without the consent or approval of the owner of such property.
If a female dog, when in heat, be off the owner's premises unrestrained by a leash.
The Dog Warden, duly appointed Animal Control Officer, or any peace officer in the employ of, or under contract to, the Town shall seize any unlicensed dog, whether on or off the owner's premises; any dog not wearing an identification tag and, after January 1, 1980, not identified and which is not on the owner's premises; and any dog found in violation of § 9-4A of this local law. The owner of any dog impounded by Orangetown shall be entitled to redeem that dog within five business days, excluding the day the dog is impounded, provided that the owner produces proof that the dog is licensed and identified and pays a fee of $20 for the first impoundment; a fee of $30 for the second impoundment and a fee of $5 for each additional twenty-four-hour period; a fee of $40 for a third and each subsequent impoundment and a fee of $5 for each additional twenty-four-hour period. The Dog Warden, Animal Control Officer or peace officer may also investigate and report to a Town Justice of the Town any dangerous dog as described in Article 7 of the Agriculture and Markets Law and see that the order of the Town Justice in such case is carried out.
The Dog Warden, Animal Control Officer or peace officer observing a violation of this local law in his presence shall issue and serve an appearance ticket for such violation.
Any person who observes a dog in violation of this local law may file a complaint under oath with a Town Justice of the Town of Orangetown by 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 local law.
All dogs within the Town of Orangetown 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 of Orangetown, a dog license application together with a nonrefundable license fee, any applicable license surcharges and such additional fees as may be established by resolution by the Town Board. 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 shall not be required. Each license issued shall be valid for a period of one year and shall not be transferable.
The Town of Orangetown authorizes the Hi-Tor Animal Care Center, Inc., or any entity which it contracts with for shelter services, to provide, accept and grant an application for a dog license made by a resident at the time of an adoption of a dog from the shelter, provided that such application is made in accordance with § 9-6A of this law, and the license fee and any additional fees and surcharges shall be remitted to the Town Clerk of Orangetown on or before the third day of the month following the month in which the license fee and additional fees and surcharges were received.
The annual fee for each dog license issued and any additional fees and surcharges shall be set by resolution of the Town Board of the Town of Orangetown. The fee for an unspayed or unneutered dog shall be at least $5 more than the total fee for a spayed or neutered dog.
There shall be no fee for any license issued for any guide dog, hearing, service, therapy, war dog or police work dog. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "Therapy Dog," "War Dog" or "Police Work Dog," as may be appropriate, by the Clerk or authorized Dog Control Officer.
Any dog harbored in Orangetown which is owned by a resident of New York City or licensed by the City of New York, or which is owned by a nonresident of Orangetown and licensed by a jurisdiction outside the Town of Orangetown, shall, for a period of 30 days, be exempt from the licensing and identification provisions of this local law.
The Town Clerk shall assign an identification number to a dog which is licensed. Such identification number shall be carried by the dog on an identification tag which shall be affixed to the collar of the dog, except that the tag is not required to be worn while the dog is participating in a dog show.
Any person convicted of a violation of this local law shall be liable to a penalty not exceeding a fine of $75 for a first violation and not exceeding a fine of $150 for a second violation. For each violation subsequent to a second violation, the penalty shall be a fine not exceeding $500 or imprisonment for a period not exceeding 15 days, or both such fine and imprisonment.
Each separate provision of this local law shall be deemed independent of all other provisions herein, and if any provisions shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable.
This local law specifically repeals Chapter 9 of the Code of the Town of Orangetown entitled "Dogs."
Editor's Note: Former Ch. 9, Dogs, Art. I, General Provisions, was adopted 8-25-1980 by L.L. No. 5-1980, as amended by L.L. Nos. 1-1983, 4-1989 and 2-2007.
[Adopted 8-21-1995 by L.L. No. 4-1995]
No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog 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 private property without the permission of the owner of said property. The restriction in this section shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog under the following conditions:
The person who so curbs such dog shall immediately remove all feces deposited by such dog.
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed by flushing the same down a sanitary sewer system or by use of a chemical container causing disintegration. In the event that a chemical container is used, ultimate disposal must be made in accordance with Department of Environmental Resources regulations concerning solid waste disposal.
The provisions of this article shall not apply to blind persons who may use dogs as guides.
Any person who violates or who fails or refuses to comply with this article shall be liable to pay a fine not less than $25 nor more than $100 for each violation or be sentenced to imprisonment of not more than five days.
The provisions of this article shall be enforced by the Police Department.