[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.
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.
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:
A.
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.
B.
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.
C.
Uproot,
dig or otherwise damage any vegetables, lawns, flowers, garden beds
or other property without the consent or approval of the owner thereof.
D.
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.
E.
Attack
any domestic animal.
F.
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.
G.
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.
H.
If
a female dog, when in heat, be off the owner's premises unrestrained
by a leash.
A.
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 days,
provided that the owner produces proof that the dog is licensed and
identified and pays a fee of $40 for each 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.
[Amended 3-9-2021 by L.L. No. 1-2021]
B.
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.
C.
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.
A.
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.
B.
The Town of Orangetown authorizes 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.
[Amended 3-9-2021 by L.L. No. 1-2021]
C.
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.
D.
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.
E.
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.
F.
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."[1]
[1]
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:
A.
The person who so curbs such dog shall immediately remove all feces
deposited by such dog.
B.
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.
