[HISTORY: Adopted by the Town Board of the
Town of New Lebanon as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 152.
[Adopted 3-14-2011 by L.L. No. 2-2011[1]]
[1]
Editor's Note: This local law also repealed former Art. I,
Licensing, Identification and Control of Dogs, adopted 12-13-2010
by L.L. No. 5-2010.
The purpose of this article is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of persons, property, domestic animals
and deer from dog attack and damage.
[Amended 4-9-2019 by L.L.
No. 1-2019]
As used in this article, the following terms shall have the
meanings indicated:
The Clerk of the Town of New Lebanon where licenses are validated
or issued pursuant to this article.
The state Commissioner of Agriculture and Markets.
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.
Any member of the species canis familiaris.
Any individual(s) appointed by the Town Board of the Town
of New Lebanon to assist in the enforcement of this article and of
Article 7 of the Agriculture and Markets Law.
The same as such term is defined in § 108(24) of
the New York State Agriculture and Markets Law.
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer, whitetail deer which is raised under license from the Department
of Environmental Conservation, llama, goat, swine, fowl, duck, goose,
swan, turkey, confined domestic hare or rabbit, pheasant or other
bird which is raised in confinement under license from the state Department
of Environmental Conservation before release from captivity, except
that the varieties of fowl commonly used for cock fights shall not
be considered domestic animals for the purposes of this article.
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.
To provide food or shelter to any dog.
Any dog that is trained to aid a person who is deaf or hard
of hearing and is actually used for such purpose, or any dog during
the period such dog is being trained or bred for such purpose.
A tag issued by the Clerk of the Town of New Lebanon which
sets forth an identification number, together with the name of the
Town, the State of New York, contact information, including telephone
number, for the Town and such other information as the Town deems
appropriate.
Any dog carrying an identification tag as required by § 71-8 of this article.
Any person who harbors or keeps any dog.
The person in whose name any dog was last licensed pursuant to this article, except that if any license is issued on application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed or if the owner of record has filed a change of ownership statement pursuant to § 71-9 of this article, the owner shall be deemed to be the owner of record of such dog, except that if the owner is under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
Any dog owned or harbored by any state or 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.
A dog shall be deemed to be running at large if it is elsewhere
than on the premises of the owner while not in the control of the
owner or the owner's agent and without the consent or approval of
the owner of such lands.
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.
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, and
does not qualify under federal or state law or regulations as a service
dog.
Any dog which has been honorably discharged from the United
States armed services.
Any dog that is trained to aid in the search for missing
persons, is actually used for such purpose.
[Amended 4-9-2019 by L.L.
No. 1-2019]
A.
The owner of any dog harbored within the Town of New Lebanon who
is four months of age or older, unless otherwise exempted, shall be
licensed.
B.
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.
C.
A one-year dog license will expire at the end of the month one year
from the date of issue, except that in no event shall such license
expire later than the last day of the month in which the dog's current
rabies certificate expires.
D.
An optional three-year license will expire at the end of the month
three years from the date of issue, except that in no event shall
such license expire later than the last day of the month in which
the dog's current rabies certificate expires. Such three-year license
shall be provided for a reduced application fee as determined from
time to time by resolution of the Town Board.
E.
In the event an applicant for a license presents, in lieu of a rabies certificate, a statement certified by a licensed veterinarian pursuant to § 71-5D of this article, a license shall be issued or renewed for a period of one year from the date of said statement.[1]
[1]
Editor's Note: Former Subsection F, regarding purebred licensing,
which immediately followed this subsection, was repealed 12-8-2020 by L.L. No. 1-2021.
[Amended 4-9-2019 by L.L.
No. 1-2019]
A.
Any dog harbored within the Town of New Lebanon which is (1) owned
by a resident of any city having a population over two million or
by a nonresident of this state and (2) licensed pursuant to provisions
of law of the area of residence shall for a period of 30 days be exempt
from the licensing and identification provisions of this article.
B.
This article shall not apply to any dog confined to the premises
of any public or private hospital devoted solely to the treatment
of sick animals, or confined for the purposes of research to the premises
of any college or other educational or research institution.
C.
This article shall not apply to any dog confined to the premises
of any person, firm or corporation engaged in the business of breeding
or raising dogs for profit and licensed as a class A dealer under
the Federal Laboratory Animal Welfare Act.
A.
The owner of each dog required to be licensed shall obtain, complete
and return a dog license application together with the license application
fee, any applicable license surcharges and such additional fees and
charges as may be established by the Town of New Lebanon.
B.
The Town of New Lebanon does not allow the licensing of dogs by a
shelter/pound. Where the dog to be adopted will be harbored within
the Town of New Lebanon, the shelter/pound shall immediately notify
the Clerk of the adoption, including the name and address of the owner,
and shall send the adoptive dog owner to the Clerk of the Town of
New Lebanon for licensing. Such owner shall have a period of 10 days
to submit an application for a dog license with the Clerk of the Town.
C.
The application for a dog license shall state:
(1)
The name, sex, actual or approximate age, breed, color, and municipal
identification number of the dog, and other identification marks,
if any;
(2)
The name, telephone number, and address of residence of the owner;
(3)
The name, telephone number, and address of the business or place
of employment of the owner;
(4)
The owner's e-mail address;
D.
Each license application shall be accompanied by a certificate of
rabies vaccination or statement from a licensed veterinarian that
such vaccination would endanger the dog's life in which case vaccination
shall not be required. A copy of such certificate or statement shall
be filed with a copy of the license and shall be made available to
the Commissioner upon request for rabies and other animal disease
control efforts.
E.
In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered, provided such certificate or affidavit shall not be required if the same is already on file with the Clerk. In lieu of the spay or neuter certificate an owner may present a statement certified by a licensed veterinarian stating that he has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering. A copy of such certificate or statement shall be filed with a copy of the license and shall be made available to the Commissioner upon request for rabies and other animal disease control efforts. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in§ 71-6 of this article.
F.
All dog licenses may be purchased by visiting the Town offices or
by regular mail. If licensing or renewing a license by mail, the appropriate
fee must accompany the application form(s).
G.
Upon validation by the Clerk, the application shall become a license
for the dog described therein.
I.
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.
A.
The
fees for the licensing of dogs shall be established from time to time
by resolution of the Town Board. Any such fee schedule shall, in addition
to the application fee, impose the applicable mandatory surcharges
as required by Article 7 of the Agriculture and Markets Law.
B.
There
shall be no refunds of fees.
C.
The
mandatory surcharges imposed in addition to the application fees shall
be remitted to the Department of Agriculture and Markets for transmittal
to the State Comptroller for deposit in the animal population control
fund.
D.
Excepted
from payment of the license fee are applications submitted for a dog
license for any guide, hearing, service, war, working search, detection,
police and therapy dogs. Each copy of a license for such dogs shall
be conspicuously marked "guide dog," "hearing dog," "service dog,"
"war dog," "working search dog," "detection dog," "police work dog"
or "therapy dog."
E.
The Town of New Lebanon shall not be required to expend in any calendar
year for dog control officer and pound or shelter services undertaken
pursuant to this article, an amount of money greater than it receives
during such year pursuant to this section.
F.
The Town Board may at its own discretion provide for a senior discount
from the application fees established by this section.
Where applicable, the possession or ownership of any seeing
eye, service or therapy dog or hearing dog shall be governed by Article
7 of the Agriculture and Markets Law.
A.
Each dog licensed pursuant to this article shall be assigned, at
the time the dog is first licensed, a municipal 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.
A dog participating in a dog show shall be exempt from the identification
requirement of this section during such participation.
C.
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which that number has been
assigned.
A.
In the event of a change in the ownership of any dog which has been
licensed pursuant to this article or in the address of the owner of
record of any such dog, the owner of record shall, within 10 days
of such change, file with the Clerk of the Town of New Lebanon a written
report of such change. Such owner of record shall be liable for any
violation of this article or of Article 7 of the Agriculture and Markets
Law until such filing is made or until the dog is licensed in the
name of the new owner.
B.
If any dog which has been licensed pursuant to this article is lost
or stolen, the owner of record shall, within 10 days of the discovery
of such loss or theft file with the Clerk of the Town of New Lebanon
a written report of such loss or theft. In the case of a loss or theft,
the owner of record of any such dog shall not be liable for any violation
of this article or of Article 7 of the Agriculture and Markets Law
committed after such report is filed.
C.
In the case of a dog's death, the owner of record shall so notify
the Clerk of the Town of New Lebanon either prior to renewal of licensure
or upon the time of such renewal as set forth on the dog license.
In addition to the provisions set forth in Articles 7 and 26
of the Agriculture and Markets Law, it shall be unlawful for any owner
of or any person harboring any dog in the Town of New Lebanon to permit
or allow such dog to:
A.
Run at large unless said dog is restrained by an adequate collar
and leash or unless accompanied by its owner or a responsible person
able to control the animal, except on the owner's property. 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 its owner.
B.
Engage in habitual howling, barking, crying, or whining, or conduct
itself in such a manner so as to threaten or annoy any person. The
term "habitual howling, barking, crying, or whining" shall mean howling,
barking, crying and/or whining, or any combination thereof, consistently
or repeatedly during two or more periods of at least 15 minutes each
within any twenty-four-hour period, and which is audible and actually
heard by any person that is located on an adjoining property.
[Amended 4-13-2021 by L.L. No. 2-2021]
C.
Cause damage or destruction to property, or commit a nuisance upon
the premises of a person other than the owner or person harboring
such a dog.
D.
Bite, jump, chase or otherwise harass any person or animal in such
a manner as to reasonably cause intimidation, bodily harm or injury
or to put such person or animal in reasonable apprehension of bodily
harm or injury.
E.
Habitually chase or bark at automobiles, bicycles or other vehicles.
F.
Except as otherwise permitted in this article, be without a current
rabies vaccination if older than four months.
G.
Except as otherwise permitted in this article, be without a license
and wearing a tag.
It shall be unlawful for the owner or person harboring any female
dog to permit such dog to run at large when in heat, and such dog
shall be confined to the premises of such person during such period.
This article may be enforced by the Dog Warden or Dog Control
Officer of the Town of New Lebanon or the Town Constable or any State
Police officer or Columbia County Sheriff or Deputy Sheriff, who shall
be entitled to issue an appearance ticket or file an information with
the Justice or Town Court of the Town of New Lebanon for alleged violations
of this article. Any such officer may also investigate and report
to a Town Justice of the Town of New Lebanon any dangerous dog as
described in Article 7 of the Agriculture and Markets Law, and see
that the order or orders of the Town Court or its Justices are, in
such cases, carried out.
A.
The Town Board of the Town of New Lebanon shall by resolution appoint
one or more Dog Control Officers for the purpose of assisting, within
the Town of New Lebanon, with the control of dogs and the enforcement
of this article and Article 7 of the Agriculture and Markets Law.
Such Dog Control Officer(s) shall serve at the pleasure of the Town
Board for a term of one year, renewable at the discretion of the Town
Board.
B.
In lieu of or in addition to the appointment of a Dog Control Officer
or Officers, the Town of New Lebanon may contract for dog control
officer services with any other municipality or with any incorporated
humane society or similar incorporated dog protective association,
or shall appoint, jointly with one or more other municipalities, one
or more Dog Control Officers having jurisdiction in each of the cooperating
municipalities.
C.
The Dog Control Officer(s) is hereby authorized in any case in which
he or she deems it necessary to call for assistance in the enforcement
of this article or of Articles 7 and 26 of the Agriculture and Markets
Law and to request the assistance of any other peace officer or police
officer with jurisdiction.
D.
The Town Board shall provide the Dog Control Officer, from the funds
of the Town, with such equipment as may be necessary to carry out
the duties imposed on him or her by this section.
E.
The Town Board shall prescribe the work rules and schedules covering
the performance of the duties of the Dog Control Officer and the enforcement
of this article.
A.
The Dog Control Officer(s) or his/her authorized agent or representative
having reasonable cause to believe that a person has violated this
article may issue an appearance ticket pursuant to § 150.20
of the Criminal Procedure Law, to serve a summons and to serve and
execute any other order or process in the execution of the provisions
of this article and/or Article 7 of the Agriculture and Markets Law,
including the seizure of dogs pursuant to § 117 of the Agriculture
and Markets Law.
B.
In addition, any dog control officer or any peace officer, when acting
pursuant to his special duties, or police officer, who is authorized
by the state or any municipality to assist in the enforcement of this
article and Articles 7 and 26 of the Agriculture and Markets Law,
may serve any process, including an appearance ticket, a uniform appearance
ticket and a uniform appearance ticket and simplified information,
related to any proceeding, whether criminal or civil in nature, undertaken
in accord with the provisions of this article.
The Dog Control Officer(s) when acting pursuant to his/her special
duties shall promptly make and maintain a complete record of any seizure
and subsequent disposition of any dog. Such record shall include,
but not be limited to, a description of the dog, the date and hour
of seizure, the official identification number of such dog, if any,
the location where seized, the reason for seizure, and the owner's
name and address, if known. Such records shall be filed and maintained
for not less than three years following the creation of such record,
and shall be made available to the Commissioner upon request.
A.
The Dog Control Officer shall respond to all complaints made to him
or her under the provisions of this article.
B.
A person aggrieved by a violation of the provisions of this article
may complain to the Dog Control Officer. The Dog Control Officer shall
thereupon investigate such complaint and, if satisfied with the identity
and ownership of the dog responsible for such violation, shall provide
the aggrieved person with a complaint form. The complaint shall specify
the objectionable conduct of the dog; the date thereof; the damage
caused, if any; a description of the dog and the name and residence,
if known, of the owner or of the person harboring the dog. Said complaint
must be signed and duly notarized before a notary public of the State
of New York or a Town Justice of the Town of New Lebanon.
C.
The Dog Control Officer shall keep and maintain records of all complaints received and of the disposition thereof in accordance with the provisions of § 71-9.6 of this article.
D.
The Town Board may, either individually or in cooperation with other
municipal entities, require its Dog Control Officer or any other authorized
agent to ascertain and list the names of all persons in the municipality
owning or harboring dogs, or in lieu thereof, may contract to have
the same done.
If the Dog Control Officer is unable to determine the ownership or custody of the dog responsible for the violation of this article, the Dog Control Officer shall deliver such dog to the agency designated by the Town Board of the Town of New Lebanon for keeping and custody in accordance with § 71-9.9 of this article.
[Amended 5-10-2016 by L.L. No. 1-2016; 12-8-2020 by L.L. No. 1-2021]
A.
The seizure, holding, and redemption of dogs shall be conducted in accordance with § 117 of the Agriculture and Markets Law and the terms set forth herein. In addition to the provisions in § 117 of the Agriculture and Markets Law authorizing the Town of New Lebanon to seize dogs, the Town may also seize any dog permitted or allowed to violate § 71-9.1 or 71-9.2 of this article or any dog not in the control of the owner or custodian and not on the premises of the dog's owner or custodian.
B.
Each dog that is seized that is not identified, whether or not licensed, shall be held for at least the redemption period set forth in Paragraph 4 of § 117 of the Agriculture and Markets Law, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this chapter and further provided that the owner pays the impoundment fees set forth in Subsection D of this section.
C.
Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. Such dog shall be held for at least the applicable redemption period set forth in Paragraph 6 of § 117 of the Agriculture and Markets Law. The owner may redeem such dog during such applicable redemption period upon payment of the impoundment fees set forth in Subsection D of this section.
D.
Pursuant to the authority set forth in Paragraph 4 of § 117
of the Agriculture and Markets Law to establish impoundment fees in
any amount, the total impoundment fees that must be paid by an owner
to redeem a dog that has been seized pursuant to this section shall
be equal to the sum of the following:
(1)
The applicable seizure fee; plus
(2)
The applicable shelter fee; plus
(3)
Any emergency veterinary costs and expenses incurred in connection
with or arising after the seizure of such dog.
(4)
For purposes of this subsection, the seizure fee shall be the amount
set by resolution of the Town Board which shall be due immediately
upon seizure of a dog, regardless of whether such dog is sheltered.
For purposes of this subsection, the shelter fee shall equal the sum
of all fees due to any shelter for the impoundage, feeding, and shelter
of such dog, which fees shall be set annually by resolution of the
Town Board.
E.
An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period, and the dog shall then be made
available for adoption or euthanized subject to §§ 117
and 374 of the Agriculture and Markets Law.
[Amended 4-9-2019 by L.L.
No. 1-2019]
A.
Unless otherwise provided by Article 7 of the Agriculture and Markets
Law, any person who shall violate any provision of this article shall
be guilty of a violation and subject to the following penalties:
B.
Each day that a violation of this article shall continue shall constitute
a separate offense.
All revenue derived from licensing fees, other than surcharges,
redemption fees, and penalties for offenses, shall be the sole property
of the municipality and shall be used only to:
This article shall not be deemed to supersede any other duty
or obligation on the part of dog owners as imposed by any other ordinance,
law or statute, and is specifically in addition thereto.
[Adopted 12-10-2007 by L.L. No. 9-2007]
A.
It shall be unlawful for any owner or person in custody
or control of any dog or cat to allow such dog or cat to defecate
upon the public property of the Town, the highways of the Town, and
the private property of another other than the owner or keeper of
said dog or cat. If such dog or cat shall defecate upon property other
than that of the owner or keeper of the said animal, the owner or
keeper must immediately clean up the feces or excrement left by the
dog or cat and make proper disposition of it so as not to endanger
the health and safety of the public.
B.
It shall be unlawful for anyone to walk a dog in the
Town of New Lebanon on property other than the owner's or keeper's
property without carrying the necessary implements to make sure any
dog feces are immediately cleaned up and properly disposed of. A Town
Constable or any State Police Officer or Columbia County sheriff or
Deputy Sheriff and/or Dog Warden or Dog Control Officer of the Town
of New Lebanon shall be permitted to approach anyone walking a dog
in the Town of New Lebanon on property other than the owner's or keeper's
property and demand to be shown the necessary implements as called
for in this subsection. Failure to carry the necessary implements
shall be a separate and distinct violation of this article. The phrase
"necessary implements" as used in this subsection shall mean a bag
or container suitable for removing and disposal of feces or excrement.
A.
This article may be enforced by the Dog Warden or
Dog Control Officer of the Town of New Lebanon or the Town Constable
or any State Police officer or Columbia County Sheriff or Deputy Sheriff,
who shall be entitled to issue an appearance ticket or file an information
with the Justice or Town Court of the Town of New Lebanon for alleged
violations of this article.
[Amended 4-9-2019 by L.L.
No. 1-2019]
Any person who violates § 71-10 of this article shall be guilty of a violation and shall be fined no less than $75 and no more than $250 for each first offense. For a second offense within a five-year period, the fine shall be no less than $175 and no more than $350; for a third offense or more within a five-year period, the fine shall be no less than $275 and no more than $450. Each violation of this article shall constitute a separate offense.
It is an affirmative defense to prosecution
under this article that the person in control of the dog or cat is
the owner of the premises where the dog or cat deposits feces.
