A.
The purpose of this chapter shall be to preserve the
public peace and good order in the Town of Rosendale and to contribute
to the public welfare and good order of its people by enforcing certain
regulations and restrictions on the activities of dogs, which regulations
are consistent with the rights and privileges of the owners of dogs
and the rights and privileges of other citizens of the Town of Rosendale.
B.
This chapter is adopted pursuant to the authority
of Article 7 of the Agriculture and Markets Law of the State of New
York.
As used in this chapter, unless otherwise expressly
stated or subject matter requires otherwise, the following terms shall
have the meanings indicated:
Unleashed and on property open to the public or on private
property not owned or leased by the owner of the dog and without permission
of the owner or tenant of the property. No dog shall be deemed at
large if it is:
A transportable container having four sides, top, bottom
and lockable gate; must allow dog to stand upright and turn around.
As applied to a dog(s), such dog is securely contained either
within a building, kennel, or wire chain link fencing enclosure of
at least six feet in height with secure sides, top and bottom or,
if no bottom, with sides that extend at least 12 inches below ground
and which is locked and designed to prevent the escape of the dog(s)
or the entry of unauthorized personnel.
A leash, strap, chain, rope or harness that will limit the
movement of a dog within the inner confines of an open vehicle.
Designated and applies to any dog which, without just cause,
bites, attacks, chases or snaps at or otherwise threatens to attack
any person or attacks and wounds a dog or other domestic animal, or
which displays any other fierce, vicious or dangerous propensities.
Any member of the species canis familiaris.
Any individual appointed by the Town to enforce this chapter
and Article 7 of the Agriculture and Markets Law of the State of New
York or any authorized officer, agent or employee of any incorporated
animal humane society or incorporated dog protective association under
contract with the Town to assist in the enforcement of this chapter
and Article 7 of the Agriculture and Markets Law of the State of New
York.
To provide food and shelter to any dog.
To cause an action or reaction by a dog.
An individual, corporation, partnership, unincorporated association
or other organized group of persons, municipality or other legal entity.
The compliance of § 109 of the Agriculture and
Markets Law of the State of New York.
Any vehicle not having sides, front and rear bulkheads, gates
of at least 46 inches in height.
Any person legally entitled to possession of a dog pursuant
to § 108, Subdivisions 15 and 16, of the Agriculture and
Markets Law, unless such dog is lost and such loss was promptly reported
to the Dog Control Officer of the Town. The term "owner" shall be
deemed to include any person or corporation who harbors a dog, except
on a temporary emergency basis to protect and aid a stray or lost
dog. In the event that the owner of a dog is under 18 years of age,
the custodial parent or guardian or head of the household in which
said minor principally resides shall be deemed to be the owner of
such dog for the purposes of this chapter.
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 assist law enforcement officers and is actually being
used for such work.
To cause to be irritated or angry.
As applied to a dog, describes, designates, or applies to
every dog which:
Unreasonably disturbs the comfort or repose
by engaging in unprovoked loud howling, barking, crying or whining.
Causes damage or destruction to real or personal
property of any person other than that of the owner of such dog or
a member of the owner's household residing with the owner or a guest
of such owner.
Commits a nuisance by defecating or urinating
upon public property or upon the premises of any person other than
the owner of such dog.
Chases, threatens, harasses, annoys, intimidates
or alarms any person or places any person in reasonable apprehension
of bodily harm or injury, unless such person is unlawfully on the
owner's premises or in the owner's residence or such person is threatening
the safety of the owner's person, family, guests or property, and
such dog is protecting or guarding the owner, the owner's real or
personal property or any person lawfully on the owner's property or
in the owner's residence.
Habitually chases or runs alongside of moving
vehicles, horses, or pedestrians lawfully using the public highways.
Securely fastened on a chain, wire or other effective tether
of such strength to contain attached dog and of such length so arranged
that the dog cannot reach or endanger any person or any adjacent premises
or public street or way or place or while being transported in a vehicle
that it cannot escape from.
Food, water, shelter, shade, ventilation, heat, insulation,
bedding, and freedom of movement of at least 12 feet while chained.
In a vehicle or confinement.
Every device in, upon or by which any person or property
is or may be transported or drawn by any power, including muscular
power, and shall include, but shall not be limited to, bicycles, motorcycles,
automobiles, trucks, snowmobiles, coaches, wagons, platforms and trailers.
Trained to attack upon command.
The owner of every dog which is kept or brought
into or comes into the Town of Rosendale will be held responsible
for the strict observance of such dog and with respect to such dog
of all rules and regulations contained in this chapter, at all times
when such dog is within the Town.
All dogs housed in the Town of Rosendale for
a period of 30 days or more must be licensed pursuant to § 109
of the Agriculture and Markets Law of the State of New York. The owner/keeper
must show proof that dogs licensed in another township, state or country
are current and in force at all times while such dog is within the
Town.
It shall be a violation of this chapter for
the owner/keeper of any dog to permit or allow such dog to:
A.
Be at large;
B.
Engage in loud howling, barking, crying or whining
or any other behavior which unreasonably disturbs the comfort or repose;
C.
Cause damage or destruction to real or personal property
of any person other than the owner/keeper of such dog or member of
the owner's/keeper's household residing with the owner/keeper or a
guest of such owner/keeper;
D.
Defecate or urinate upon public property, or upon
the premises of any person other than the owner of such dog, without
properly cleaning up after such dog;
[Amended 12-20-2010 by L.L. No. 2-2010]
E.
Chase, threaten, harass, annoy, intimidate or alarm
any person or place any person in reasonable apprehension of bodily
harm or injury, unless such person is unlawfully on the owner's premises
or in the owner's residence or such person is threatening the safety
of the owner's person, family, guests or property, and such dog is
protecting or guarding the owner, the owner's real or personal property
or any person lawfully on the owner's property or in the owner's residence;
F.
Habitually chase or run alongside of moving vehicles,
horses or pedestrians lawfully using the public highways;
G.
Be unconfined while female dogs are in heat;
H.
Be carried in an open vehicle or pickup truck, unless
the dog is cross-tethered to the vehicle or caged or the open vehicle
has an enclosure of at least 46 inches high on all four sides;
I.
Be turned loose, abandoned, or left unattended for
the purpose of disposal;
J.
Be provoked or incited;
K.
Be deprived of sustenance;
L.
Be inhumanely treated as covered in the New York State
Agriculture and Markets Law Article 26.
A.
DANGEROUS DOG
(1)
(a)
(b)
(c)
(d)
(2)
KEEPER
OWNER
UNCONFINED
VICIOUS DOG
Definitions. As used in this section, the following
words and terms shall have the following meanings:
Any dog:
Which when unprovoked approaches any person
upon the streets, sidewalks or any public grounds or places in a vicious
or terrorizing manner or in any apparent attitude of attack;
With a known propensity, tendency or disposition
to attack unprovoked, to cause injury or to otherwise endanger the
safety of human beings or domestic animals;
Which bites, inflicts injury, assaults or otherwise
attacks a human being or domestic animal without provocation on public
or private property; or
Which has been ordered confined pursuant to
the provisions of § 121 of the Agriculture and Markets Law.
Notwithstanding the foregoing, except pursuant to Subsection (1)(d) above, no dog may be considered to be a dangerous dog by reason of any injury or damage sustained by a person when such person was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime; any injury or damage sustained by a domestic animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog; or any injury or damage caused by the dog in protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
Any person other than the owner of a dangerous/vicious dog
who harbors or has in his or her possession or exercises control over
a dangerous/vicious dog or manages, controls or cares for a dangerous/vicious
dog.
Any person or legal entity having a possessory property right
in an animal or who harbors, cares for or exercises control over an
animal or knowingly permits any animal to remain on premises occupied
by him.
Outside the confines of a residence or commercial structure
commonly occupied by human beings or an enclosure of at least six
feet in height with secure sides, top and bottom or, if there is no
bottom, with sides which extend at least one foot underground, and
which shall be locked and designed to prevent the escape of the animal
or the entry of young children and unauthorized persons.
B.
Restrictions on dangerous dogs. No person should permit
or allow any dangerous dog to remain unconfined on property within
the Town of Rosendale or to go beyond the boundaries of such property
unless such dog is securely muzzled and restrained with a chain having
a minimum tensile strength of 300 pounds and not exceeding three feet
in length and is under the full control and supervision of the owner/keeper
of the dog. The owner or keeper of a dangerous dog shall post conspicuous
notices on the perimeter of the property where such dog is kept to
warn persons of the nature of the dog confined therein.
C.
Vicious dog prohibited. No person shall sell, purchase, possess, rent, lease or harbor a vicious dog within the jurisdiction of the Town of Rosendale other than a vicious dog that has been acquired prior to the effective date of § 32-6 and registered as required pursuant to the same.
D.
Exceptions.
(1)
The provision of this section shall not apply to:
(a)
Animal shelters designated by the Department of Health
to keep or hold animals, including all shelters operated by the American
Society for the Prevention of Cruelty to Animals;
(b)
Facilities which are maintained by or are under the
control of the Town;
(c)
Places of public exhibition, contest or show sponsored
by a dog club association or similar organization and persons who
have brought a dog temporarily within the jurisdiction of the Town
of Rosendale for the purpose of showing a dog for entertainment purposes
as defined in regulations promulgated by the Town Board, provided
that the sponsor of the exhibition, contest, show or entertainment
has obtained written permission from the Town Board and has provided
protective measures adequate to prevent dogs from escaping or injuring
the public;
(d)
Laboratories operated pursuant to § 504
of the Public Health Law or educational or scientific institution;
(e)
Persons authorized to enforce the provisions of this
section; and
(f)
Law enforcement canines.
(2)
This section shall not be deemed to prohibit any business
transaction concerning a dog that is not physically present in the
Town of Rosendale.
E.
Registration. The owner of any dangerous/vicious dog who acquired such dog prior to the effective date of this article shall register such dog with the office of the Town Clerk no later than 90 days after the effective date of § 32-6.
F.
Insurance required.
(1)
No owner of any dangerous/vicious dog shall be allowed
to register said animal unless such owner produces proof that he has
obtained liability insurance in the amount of at least $50,000 covering
any damage or injury which may be caused by such dog during the twelve-month
period for which registration is sought.
G.
Enforcement.
(1)
Any police officer or animal control officer is authorized
to issue an appearance ticket for the violation of any provisions
of this section.
(2)
Any animal which is observed running at large in violation
of this provision of this section may be picked up or captured by
a Dog Control Officer or police officer. Any such control officer
or police officer who picks up or captures such animal shall be empowered
to exercise such degree of force as shall be necessary to effect such
pickup or capture without intentionally injuring or harming the animal
or as may be necessary to avoid injury to persons or property.
(3)
The seized dog shall be held, cared for and disposed
of in a manner consistent with § 118 of the Agriculture
and Markets Law of the State of New York.
(4)
Every reasonable effort will be made by the Dog Control
Officer to locate and notify the owner of the pickup or capture of
his or her dog. Upon such location and notification to the owner,
the Town will return the animal to its owner within a prompt and reasonable
period of time, provided that such return is not contrary to the provisions
of this section. The Town may require reasonable proof of ownership.
The return of such dog to its owner shall be deemed proof of ownership,
unless such dog has a valid license tag pursuant to the provisions
of the Agriculture and Markets Law of the State of New York, in which
case such tagging shall be deemed proof of such ownership. The owner
shall be subject to the penalties provided in this section.
The Town of Rosendale may appoint a Dog Control
Officer pursuant to the appropriate statutes of the State of New York.
It shall be the duty of such Dog Control Officer of the Town of Rosendale
to enforce the appropriate provisions of the Agriculture and Markets
Law, with respect to dogs, in the Town of Rosendale and to enforce
this chapter.
The Dog Control Officer of the Town of Rosendale
may seize any dog which is found to be in violation of any portion
of this chapter as well as any dogs otherwise required to be seized
under and by virtue of the Agriculture and Markets Law of the State
of New York. All complaints concerning alleged violations of this
chapter shall be communicated to the Dog Control Officer. All such
complaints shall be investigated, and it shall be the duty of the
Dog Control Officer, in the appropriate case, to proceed with civil
or criminal enforcement of this chapter or any other provisions of
law pertaining hereto.
Any dog at large which does not display any current dog license or other means of identification or which fails to exhibit any evidence of there having been administered to it a rabies vaccination shall be considered an abandoned dog and may be summarily impounded by the Dog Control Officer. It shall be unlawful for any dog owner or harborer to leave any dog unattended for the purpose of disposition as set forth in § 32-5I.
A.
Every dog seized shall be properly fed and cared for
at the expense of the Town of Rosendale until disposition thereof,
as herein provided and in accordance with the applicable provisions
of the Agriculture and Markets Law of the State of New York.
B.
Every dog seized shall be treated in a humane manner.
C.
If the dog bears a license tag, the Dog Control Officer
shall ascertain the owner of the dog and shall give immediate notice
by personally serving such owner or an adult member of his family
with a notice in writing stating that the dog has been seized and
will be destroyed unless redeemed as herein provided, or by mailing
said personal notice to such owner.
D.
The owner of a dog seized may redeem the dog within
five days by paying the Town Clerk a redemption fee of $25 per dog
for the first seizure within a twelve-month period, a redemption fee
of $50 per dog for the second seizure within a twelve-month period,
a redemption fee of $75 per dog for each additional seizure within
a twelve-month period, plus current daily boarding fees. The Town
Board, by resolution, may from time to time modify this chapter regarding
redemption fees for a seized dog.
[Amended 12-20-2010 by L.L. No. 2-2010]
E.
If not so redeemed, the owner shall forfeit all title
to the dog and the dog shall be eligible for adoption or destroyed
by the Dog Control Officer. In the case of adoption, the new owner
must obtain a license for such dog. A dog which is destroyed shall
be so destroyed only by a veterinarian and/or Society for Prevention
of Cruelty to Animals in keeping with the latest humane practices
of disposing of animals. The Dog Control Officer who causes such dog
to be destroyed shall make a written report of such destruction and
disposition to the Town Clerk, together with a statement from the
veterinarian destroying the dog stating that the dog was destroyed
in keeping with humane practices. The Town Clerk shall keep a record
of all dogs which are destroyed.
It shall be unlawful for any person in the Town
of Rosendale to torture, torment, deprive of necessary sustenance,
unnecessarily or cruelly beat or otherwise abuse, or needlessly mutilate
or kill a living dog or creature. Any dog so treated shall be impounded
by the Dog Control Officer. The owner thereof shall be notified of
the alleged violation in writing by personal service or by regular
mail, and the matter shall be referred to the Town Justice for a hearing
and determination.
Anyone charged with a violation of any of the provisions of Chapter 32 shall be issued an appearance ticket to appear in Town Court. A violation of this chapter shall be punishable by a fine of not less than $100 and not more than $500. Each day in which a violation of this chapter occurs shall constitute a separate and distinct offense. In addition, upon a conviction of violating § 32-6 or in in the court's judgment a dangerous dog represents a continuing threat or serious harm to human beings or other domestic animals, the court may order the dog destroyed in an expeditious and humane manner.
The owner, harborer or possessor of any dog
destroyed under the provisions of this chapter shall not be entitled
to any compensation, and no action shall be maintainable thereafter
to recover the value of the dog.
The Town Board may from time to time amend,
supplement, change, modify or repeal this chapter pursuant to the
provisions of the Town Law applicable thereto.
