The Town of Delaware, New York, finds that the running at large and other uncontrolled behavior of 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 and regulations upon the keeping or running at large of dogs and the seizure thereof within the Town.
This article is enacted pursuant to the provisions of § 122 of Article 7 of the Agriculture and Markets Law.
As used in this article, the following terms shall have the meanings indicated:
- AT LARGE
- Any dog that is unleashed and on property open to the public or is 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 to be at large if it is:
- A. Accompanied by and under the immediate supervision and control of the owner or other responsible person;
- B. A police work dog in use for police work; or
- C. Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.
- To provide food or shelter to any dog.
- Any person who harbors or keeps any dog. In the event any dog found in violation of this chapter shall be owned by a person under 18 years of age, the owner shall be deemed to be the parent or guardian of such person (or the head of the household in which said person resides).
It shall be unlawful for any owner of any dog or any person harboring any dog to permit or allow such dog in the Business District (B-1) in Kohlertown, the Callicoon Business District (CAL-B-1), the Callicoon Residential District (CAL-R-1), or in any Residential District (R-1) of the Town of Delaware, as such districts are defined in the Town of Delaware Zoning Law (see Chapter 220) and the Zoning Map adopted pursuant thereto, to:
Be at large;
Cause damage or destruction to property, or commit a nuisance by defecating or urinating upon the premises of a person, other than the owner of such dog;
Chase or otherwise harass any person in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury;
Habitually chase, run alongside of or bark at motor vehicles or bicycles; or
Defecate upon public sidewalks or upon public streets, unless leashed and provided that such owner immediately removes the defecation from the sidewalk or street and disposes of the same in a public trash receptacle or the owner's own trash receptacle.
It shall be unlawful to own, harbor or keep in custody anywhere in the Town of Delaware any dog which disturbs the peace by barking or howling:
It shall be unlawful for any owner of any dog or any person harboring any dog to permit or allow such dog to enter within the Callicoon Creek Park in the Hamlet of Callicoon, regardless of whether or not such dog is accompanied by and under the immediate supervision and control of the owner or other responsible person. The foregoing provision shall not apply to a "guide dog" or a "hearing dog" or a "service dog," as such terms are defined in § 108 of Article 7 of the Agriculture and Markets Law.
This article may be enforced by any dog control officer, code enforcement officer, peace officer, when acting pursuant to his special duties, or police officer.
Any dog found in violation of the provisions of § 90-4 of this article may be seized pursuant to the provisions of § 117 of the Agriculture and Markets Law.
Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in § 117 of the Agriculture and Markets Law.
Seized dogs may be redeemed by producing proof of licensing and identification, pursuant to the provisions of Article 7 of the Agriculture and Markets Law, and by paying the impoundment fees in such amounts as may be fixed from time to time by resolution of the Town Board of the Town of Delaware.
If the owner of any unredeemed dog 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 or her dog.
Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provisions of § 117 of the Agriculture and Markets Law.
Any person who observes a dog in violation of this article may file an accusatory instrument under oath with the Clerk of the Town of Delaware Justice Court, specifying the nature of the violation, the date thereof, a description of the dog and, if known, the name and residence of the owner of such dog. Such accusatory instrument may serve as the basis for enforcing the provisions of this article.
Any dog control officer, code enforcement officer, peace officer, when acting pursuant to his special duties, or police officer observing a violation of this article in his presence may issue and serve an appearance ticket for such violation.
Any person convicted of a violation of this article shall be deemed to have committed a violation and shall be subject to a fine not exceeding $250 or imprisonment for a period not exceeding 15 days, or both.