Town of Tusten, NY
Sullivan County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Town Board of the Town of Tusten as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-2-1982 by L.L. No. 2-1982]
The Town Board of the Town of Tusten finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons, damage to property and have 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 keeping and running at large of dogs within the Town.
This article 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.
The title of this article shall be the "Dog Control Law of the Town of Tusten."
As used in this article, the following words shall have the following respective meanings:
DOG
Male and female, licensed and unlicensed, members of the species Canis familiaris.
DOG WARDEN
A Dog Control Officer on or after September 1, 1982.
OWNER
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 complaint charging a violation of this article shall be held and deemed to be the owner of such dog for the purpose of this article. In the event the owner of any dog found to be in violation of this chapter 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 the dog and violation of this article.
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.
TOWN
The Town of Tusten.
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 article, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by their 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. 
Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles while on a public street, highway or place, or upon private property without the consent or approval of the owner of such property.
F. 
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.
G. 
If a female dog when in heat, be off the owner's premises unrestrained by a leash.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The procedure for seizure and impoundment of dogs in violation of Article 7 of the Agriculture and Markets Law and of § 115-5 of this article is as follows:
A. 
The Dog Warden or any peace officer shall seize 1) any unlicensed dog whether on or off the owner's premises, 2) any dog not wearing a tag, and after September 1, 1982, not identified, and which is not on the owner's premises and 3) any dog found in violation of § 115-5A of this article. Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law. The Dog Warden 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.
B. 
The Dog Warden or a peace officer observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation.
C. 
Any person who observes a dog in violation of this article may file a complaint under oath with a Town Justice of the Town 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 article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person convicted of a violation of this article shall be liable for the following civil penalties:
A. 
Unlicensed dog: $75.
B. 
Dog running at large:
(1) 
First offense: $100.
(2) 
Second offense: $200.
(3) 
Third and subsequent offenses: $300.
C. 
Any other violations of this article: $250.
[Adopted 12-28-2010 by L.L. No. 1-2011]
The purpose of this article is to provide for the licensing and identification of dogs. Effective January 1, 2011, the State of New York has relinquished the responsibility of the dog licensing function to local municipalities and eliminated the Animal Population Control Fund. Local municipalities will now be required to adopt legislation relating to this issue.
As used in this article, the following terms shall have the meanings indicated:
ADOPT
The delivery to any natural person 18 years of age or older, for the purpose of harboring, a dog, seized or surrendered, from the Town's animal shelter.
ANIMAL/DOG CONTROL OFFICER
Any individual appointed by the Town Board to assist in the enforcement of this article.
CLERK
The Town Clerk, or Deputy Town Clerk, of the Town of Tusten, where licenses are to be validated or issued.
DETECTION DOG
Any dog that is trained and is actually used for such purposes or is undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband.
DOG
Any member of the species Canis familiaris.
GEESE DOG
Any dog that is trained to aid the Animal/Dog Control Officer in the control of geese within the boundaries of the Town.
GUIDE DOG
Any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
HARBOR
To provide food or shelter to any dog.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such training.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
IDENTIFICATION TAG
A tag which sets forth an identification number, as required by the provisions set forth in this article.
OWNER
Any person who harbors or keeps any dog.
PERSON WITH A DISABILITY
Any person with a disability as that term is defined in § 292 of the New York State Executive Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
POLICE WORK DOG
Any dog owned or harbored by any municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.
SERVICE DOG
Any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
THERAPY DOG
Any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes and other settings and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
TOWN
The Town of Tusten, including incorporated areas.
WAR DOG
Any dog which has been honorably discharged from the United States Armed Forces.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing persons and is actually used for such purposes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Licensing of dogs.
(1) 
The owner of any dog reaching the age of four months shall immediately make application for a dog license. No license shall be required for any dog under the age of four months that is not at large A license shall be renewed after a period of one year beginning with the first day of the month following the date of issuance. Renewal shall be for a minimum of one year and shall not exceed three years, based on the validation term of the rabies vaccination.
(2) 
Application for a dog license shall be made to the Clerk.
(3) 
The application shall state the sex, actual or approximate year of birth, breed, color(s), and official identification number of the dog, and other identification markers, if any, and the name, address, telephone number, county and town of residence of the owner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4) 
The application shall be accompanied by a license fee as listed below and a valid certificate of rabies vaccination or statement in lieu thereof. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian showing that the dog has been spayed or neutered, provided such certificate shall not be required if the same is already on file with the Clerk.
(5) 
Fees.
(a) 
The fees for a dog license shall be as set from time to time by Town Board resolution.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b) 
There shall be no fee charged for the license issued for any detection dog, geese dog, guide dog, hearing dog, police work dog, service dog, therapy dog, war dog or working search dog.
(6) 
Upon validation by the Clerk, the application shall become a license for the dog described therein. Once an application has been validated, no refund of fees shall be made.
(7) 
The Clerk shall provide a copy of the license to the owner and retain a record of the license in either paper or electronic format.
(8) 
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. The original issued identification tag shall remain the same for the life of the dog.
(9) 
No dog can be adopted out of the Town's animal shelter without first obtaining a license from the Clerk.
B. 
Purebred licenses. There will not be distinct purebred licenses as previously provided for by the state. Any and all existing purebred licenses will now be required to comply with Subsection A of this section, with the exception of a reduced fee as set from time to time by Town Board resolution being charged for registered purebred dogs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Rabies vaccination. The Clerk, at the time of issuing any license pursuant to this article, shall require the applicant to present a statement certified by a licensed veterinarian showing that the dog or dogs have been vaccinated to prevent rabies or, in lieu thereof, a statement certified by a licensed veterinarian stating that because of age or other reason, the life of the dog or dogs would be endangered by the administration of vaccine. The Clerk shall make or cause to be made from such statement a record of such information and file such record with a copy of the license.
D. 
Enumeration. In addition to other applicable fees, any person applying for a dog license for a dog identified as unlicensed during an enumeration shall pay a fee as set from time to time by Town Board resolution. Such additional fee shall be used to pay the expenses incurred by the Town in conducting the enumeration. In the event the additional fees collected exceed the expenses incurred by the Town in conducting an enumeration in any year, such excess fees may be used by the Town for any other lawful purpose.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Each dog licensed shall be assigned, at the time the dog is licensed for the first time, a permanent official identification number. Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times.
B. 
The official identification number shall constitute the official identification of the dog to which it is assigned, regardless of changes of ownership, and the number shall not be reassigned to any other dog during the lifetime of the dog to which it is assigned.
C. 
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no charge. Any replacement tag shall be obtained by the owner at his expense at a fee set from time to time by Town Board resolution.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
No tag carrying an official identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.
E. 
The identification tag shall be imprinted with the words "Town of Tusten," a unique identification number, and the telephone number of the Town Clerk's office.
A. 
In the event of a change in ownership of any dog which has been assigned an official identification number or in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, notify the Clerk.
B. 
If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, notify the Clerk.
C. 
In the case of a dog's death, the owner of record shall so notify the Clerk either prior to renewal of the license or upon the time of such renewal.
A. 
It shall be a violation, punishable as provided in Subsection B of this section, for:
(1) 
Any owner to fail to license a dog.
(2) 
Any owner to have any unlicensed dog identified as required by this article.
(3) 
Any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs.
B. 
Violations of this section shall be subject to a fine, not to be less than $25, except that:
(1) 
Where the person was found to have violated this article within the preceding five years, the fine may not be less than $50; and
(2) 
Where the person was found to have committed two or more violations of this article within the preceding five years, the fine may not be less than $100.