It shall be unlawful for any person to permit any horses, cattle,
swine, pigs, sheep, goats, or any other farm animal to run at large
in the Town of Kingsbury.
The owner of any other domestic animals or pets, including but
not limited to all species of lizard, snake, spider, bird, rat, mouse,
guinea pig or rabbit, shall maintain said other domestic animal or
pet in a cage or appropriate container at all times when said other
domestic animal or pet is outside the premises of the owner.
A.
Requirement. The owner of any dog in the Town of Kingsbury reaching
the age of four months shall immediately make application for a dog
license with the Town Clerk of the Town of Kingsbury. No license shall
be required for any dog which is under the age of four months and
which is not at large, or that is residing in a pound or shelter maintained
by or under contract or agreement with the state or any county, city,
town or village, duly incorporated society for the prevention of cruelty
to animals, duly incorporated humane society or duly incorporated
dog protective association.
B.
Expiration of license. All dog licenses shall be valid for a period
of one year and shall expire at the end of the month one year from
the date of issuance.
C.
Fees.
(1)
The licensing fee for a spayed or neutered dog shall be the amount as stated in the current fees schedule set forth in Chapter 130 of the Kingsbury Code.
(2)
The licensing fee for an unspayed or unneutered dog shall be the amount as stated in the current fees schedule set forth in Chapter 130 of the Kingsbury Code.
(3)
The charge for replacement tags shall be the amount as stated in the current fees schedule set forth in Chapter 130 of the Kingsbury Code.
(4)
When the Town Board determines the need for a dog enumeration, a
fee to be determined by the Town Board by resolution and encompassed
in the Town's Fee Schedule, will be assessed to the owner of
any dog found unlicensed or for which the license has not yet been
renewed at the time the enumeration is conducted.
D.
Service dogs. The Town of Kingsbury exempts guide, hearing, service,
war, working, search, detection, police dogs, as defined in Article
7 of the Agriculture and Markets Law of the State of New York, from
payment of the licensing fees.
E.
Purebred license. The Town of Kingsbury shall not issue purebred
or kennel licenses. All dogs shall be licensed individually in accordance
with the fees stated herein.
F.
Shelters. The Town of Kingsbury does not allow the licensing of dogs
by a shelter. The shelter shall be required to send adoptive dog owners
to the clerk of the municipality in which the dog will be harbored
for licensing.
G.
All dog licenses shall be purchased in person at the Town offices
or by regular mail. If licensing or renewing a license by mail, the
appropriate fees must accompany the application. There shall be no
refund of fees.
H.
All fees will be used in funding the administration of the Animal
Control Law in the Town of Kingsbury.
It shall be unlawful for any owner of or any person owning or
harboring any dog in the Town of Kingsbury to permit or allow any
such dog to:
A.
Engage in a noise disturbance that is created by a dog barking, howling,
crying or whining continually for 10 minutes or intermittently for
30 minutes.
B.
Cause damage or destruction to the property of or commit a nuisance
upon the premises of a person other than the owner or person(s) harboring
such dog without the consent or approval of the owner of such premises.
C.
Chase, jump on or at, or otherwise harass any person in such a manner
as would reasonably cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
D.
Attack, chase or worry any domestic animal, as defined by § 108
of the Agriculture and Markets Law.
E.
Habitually chase 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.
Be off the premises of the owner or harborer unless restrained by
a leash to be held by a person of sufficient strength and ability
to adequately restrain the dog. Such dog may be unleashed while off
the owner's or harborer's premises only on such occasions
as when such dog is on the private premises of another with the knowledge,
consent and approval of such person.
G.
No dog, whether leashed or unleashed, shall be in any restaurant,
grocery or commercial establishment which sells food for human consumption
except for a service dog or police work dog.
H.
No person who owns or harbors a dog shall permit the premises, structures
or enclosures in which such dog is kept to be unclean or unsanitary
whether on account of dog feces or otherwise.
A.
Except as otherwise set forth in this chapter, the Dog Control Officer
or other law enforcement officer observing a violation of this chapter
in his presence shall issue and serve an appearance ticket for such
violation. The Dog Control Officer shall enforce the provisions of
this chapter pursuant to Article 7 of the Agriculture and Markets
Law.
B.
The Dog Control Officer or other law enforcement officer may also
investigate and report to the Town of Kingsbury Court ("the Court")
any dangerous dog, as described in Article 7 of the Agriculture and
Markets Law, as defined herein, and see that the order of the Court
in such case is carried out.
A.
Any residence or single parcel of land that is a nonmultiple residence,
a multiple residence being three or more residences on a single parcel
of land, shall have a kennel for the outdoor housing of dogs where
there are four or more adult dogs over the age of six months.
B.
"Kennel" shall be defined to mean the outdoor housing of dogs, for
profit or otherwise.
C.
Any preexisting kennels or kennels coming into existence after the
adoption of this section will conform to the following restrictions
within 90 days of the effective date of this section:
(1)
Fences. Each kennel, either preexisting or coming into existence
after the adoption of this section, shall have a fence surrounding
said kennel with the following requirements:
(a)
Each fence will be a minimum of six feet in height and a maximum of six feet six inches in height, and it is to be of consistent height and/or shall meet the applicable zoning ordinances of the municipality as confirmed by the Code Enforcement Officer pursuant to Subsection C(1)(e).
(b)
Each fence and kennel shall be set back at least eight feet from adjoining property lines, roads, sidewalks or highways and/or shall meet the applicable zoning ordinances of the municipality as confirmed by the Code Enforcement Officer pursuant to Subsection C(1)(e).
(c)
Each fence and kennel must conform to the zoning ordinances
of the Town of Kingsbury, Village of Hudson Falls and other governmental
agencies. Compliance with this section is in addition to compliance
with other laws.
(d)
Each fence shall be of such construction so as to be capable
of confining said dog or dogs at all times.
(e)
Each kennel shall meet the approval of the applicable municipal
Code Enforcement Officer and such approval shall be sought prior to
installation.
(2)
When any dog is outside the residential building, off a leash and
not under the direct control of a responsible adult or the owner in
a residence or parcel of land where a kennel is necessary under this
section, said dog or dogs shall be confined to said kennel.
A.
Any person who observes a violation of any provision of this article
may file a signed complaint, under oath, with the Court, specifying
the objectionable conduct; the date(s) thereof; the damage caused;
a description of the animal; and the name and residence, if known,
of the owner of such animal or other person harboring such animal.
B.
Any person who is attacked, chased or otherwise harassed by any dog
in such a manner as to reasonably cause intimidation or to put such
person in reasonable apprehension of bodily harm or injury, or any
person who witnesses a dog attacking, chasing or worrying any domestic
animal, as defined in § 108 of the Agriculture and Markets
Law, may file a signed complaint, under oath, with the Court, stating
the specific objectionable conduct of the dog; the date thereof; the
place of occurrence; a description of the dog; the name and residence,
if known, of the person harassed; and the owner or other person harboring
said dog; or, in the alternative, the person harassed by a dog may
file with the Court an information charging a violation of this article.
A.
The Town Court shall have jurisdiction to hear all complaints filed
as herein provided and all actions and proceedings hereunder and of
all prosecutions for any violation of this chapter.
B.
Upon receipt by the Court of any complaint against the conduct of
a particular dog, the Court may summon the alleged owner of the dog
or other person harboring such dog to appear in person before the
Court. If the summons is disregarded, the Court may permit the filing
of information and issue a warrant for the arrest of such person.
This article shall not apply to a service dog or police work
dog during such time as such dogs are performing the functions for
which they are trained.
Procedures relating to dangerous dogs shall be in accordance
with the relevant provisions of the Agriculture and Markets Law.
A.
In the event of a complaint of an attack upon a person or of an attack,
chase or worrying of a domestic animal, the Court shall immediately
determine if there is probable cause to believe the dog is a dangerous
dog, and upon if so finding, shall order the Dog Control Officer or
law enforcement officer to immediately seize the dog pending a judicial
hearing conducted in accordance with the provisions of the Agriculture
and Markets Law.
B.
If satisfied that said dog is a dangerous dog, the Court may order
the Dog Control Officer or other law enforcement officer to take any
action consistent with the provisions of the Agriculture and Markets
Law including the destruction of the dog, or take any other action
prescribed herein. In the event that any person is bitten by said
dog, the Court shall order the dog tested for rabies or quarantined
for a period of 10 days. The rabies testing and/or quarantine shall
be at the owner's expense.
C.
In the event that the Court does not order the dog destroyed and
determines that said dog is a dangerous dog within the meaning of
the Agriculture and Markets Law, the owner of the dog shall be required
to:
(1)
Maintain liability insurance policy in an amount determined by the
Court, but in no event in excess of $100,000 for personal injury or
death resulting from an attack by such dangerous dog;
(2)
Muzzling of the dog whenever it is on public premises in a manner
that will prevent it from biting any person or animal, but that shall
not injure the dog or interfere with its vision or respiration;
(3)
Post the property where the dog is located with a notice of "Beware
of Dog" or "Dangerous Dog" warning signs on every side of the property
no more than 100 feet apart and at each and every access point (i.e.
entry way, door and gates); and
(4)
Any other and further requirements as directed at the discretion
of the Town of Kingsbury Town Court.
D.
Upon default of any of the conditions of a court order, said dangerous
dog and owner shall be dealt with in accordance with the law and/or
applicable Court order.
An offense against any provision of this article shall be punishable:
A.
By a fine of not less than $50 and not more than $200 for the first
offense. Where a person has been found to have violated this article
within the preceding five years, the fine may not be less than $200
and not more than $500, and where the person has been found to have
committed two or more violations of this article within the preceding
five years, the offense shall be punishable by a fine of not less
than $250 and no more than $1,000 or imprisonment for not more than
15 days, or both.
B.
In addition to the penalties imposed for violations of this article,
the person found to have violated this article must pay administrative
fines as set forth hereinafter for the cost of seizure and kennel
fees.
C.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
D.
Upon presentation of proof of payment of any and all fines and/or
penalties, the Dog Control Officer or other law enforcement officer
shall release any dog impounded to its owner or harborer, provided
that the release of the dog is consistent with any court determination
made with respect to the dog.
