[Adopted 1-16-1979 by L.L. No. 2-1979]
The Town Board of the Town of Yorktown finds
that the running at large and other uncontrolled behavior of licensed
and unlicensed 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 on the keeping and running at
large of dogs within the town.
[Amended 2-3-1981 by L.L. No. 5-1981]
This article is enacted pursuant to the provisions
of § 124 of the Agriculture and Markets Law of the State
of New York.
The title of this article shall be "Dog Control
Law of the Town of Yorktown."
[Amended 5-18-2004 by L.L. No. 15-2004]
As used in this chapter, the following words
shall have the following respective meanings:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this chapter, as amended by
this chapter and as amended thereafter.
Any person authorized by the Town Board, from time to time,
to enforce the provisions of this chapter or the provisions of the
Agriculture and Markets Law.
That such animal is securely confined or restrained and kept
on the owner's premises, either within a building, kennel or other
suitable enclosure or securely fastened on a chain, wire or other
effective tether of such length and so arranged that the animal cannot
reach or endanger any person on any adjacent premises or on any public
street, way or place or, if the animal is being transported by the
owner, that it is securely confined in a crate or other container
or so restrained in a vehicle that it cannot be expected to escape
therefrom.
Male and female, licensed and unlicensed, members of the
species Canis familiaris.[1]
The party in whose name the license is issued, unless dog
is or has been lost, and such loss reported to the animal control
officer or Town Clerk. 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 chapter shall be held and deemed to be
the owner of such dog for the purpose of this chapter. In the event
that any dog found to be in violation of this chapter shall be owned
by a minor, 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 said dog and violation of this chapter.
Recreational areas shall mean any real property owned by
the Town of Yorktown which is used for recreational purposes by the
public, including but not limited to parks and playgrounds.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
The area within the corporate limits of the Town of Yorktown.
[1]
Editor's Note: The former definition of "habitual," added
4-6-1999 by L.L. No. 4-1999, which immediately followed this definition,
was repealed 6-19-2012 by L.L. No. 7-2012.
A.
It shall be unlawful for any owner of any dog in the
Town of Yorktown to permit or allow such dog to:
(1)
Run at large, unless the dog is restrained by an adequate
leash, not to exceed six feet in length, or unless it is accompanied
by its owner or a responsible person able to control it by command.
For the purpose of this article, a dog or dogs hunting in company
of a hunter shall be considered as accompanied by its owner.
[Amended 8-3-2004 by L.L. No. 20-2004]
(2)
Engage in excessive howling, barking, crying or whining
in such a manner so as to be a nuisance.
[Amended 6-19-2012 by L.L. No. 7-2012]
(a)
It shall constitute a violation if the howling, barking, crying or
whining is audible beyond the property line of the premises on which
the dog is located and continues for 10 minutes or more.
(b)
It shall be a defense to such violation if the owner of the dog proves
by a preponderance of the evidence that the dog was howling, barking,
crying or whining because it was being harassed by a person or was
otherwise being incited or was acting in as a guide dog, hearing dog,
service dog or police work dog.
(3)
Cause damage or destruction to property upon premises
of other than the owner or person harboring such dog.
(4)
Chase, jump upon or at or otherwise harass any person.
(5)
Habitually chase, run alongside of or bark at motor
vehicles and/or bicycles while on a public street or highway or upon
public or private property other than property of the owner or harborer
of said dog.
(6)
Create a nuisance by defecating or urinating on private
property other than the property of said owner and in play areas of
public parks in the Town of Yorktown.
[Amended 1-6-1998 by L.L. No. 2-1998]
(7)
Be at large on any recreational areas, or the sidewalks
adjacent thereto, unless said dog is on a leash.
[Amended 12-7-2010 by L.L. No. 15-2010]
A.
This article
shall be enforced by the animal control officer, by any peace officer
or by any person having jurisdiction under the Agriculture and Markets
Law.
B.
The Town
Board may, by resolution, direct the animal control officer or other
designated agent to ascertain and list the names of all persons in
the Town owning or harboring dogs or, in lieu thereof, contract to
have the same done.
A.
Any dog found running at large in violation of this
article may be seized by any animal control officer, peace officer
or other designated representative of the Commissioner of Agriculture
and Markets of the State of New York, exercising such degree of force
as shall be necessary to effect such seizure without intentionally
injuring or harming such dog, and shall be impounded and disposed
of in accordance with the provisions of Article 7 or other applicable
provisions of the Agriculture and Markets Law.
B.
After any such seizure, the record owner of such dog
or an adult member of his family, if the owner is ascertainable from
the dog's license tag, shall be notified.
C.
The owner of any dog impounded by the Town of Yorktown
shall be entitled to redeem that dog within five business days, excluding
the day the dog is impounded, from the day the dog is impounded, provided
that the owner produces proof the dog is licensed and identified and
pays a fee of:
[Amended 3-3-1987 by L.L. No. 4-1987; 12-7-2010 by L.L. No. 15-2010]
(1)
For
the first impoundment: $50.
(2)
For
the second impoundment: $100, plus $10 for each additional twenty-four-hour
period after the initial five business days;
(3)
For
a third and each subsequent impoundment: $150, plus $15 for each additional
twenty-four-hour period after the initial five business days.
D.
No action shall be maintained against the Town of
Yorktown, any duly designated animal control officer or any other
agent or officer of the town to recover the the possession or value
of any dog or for damages for injury or compensation for the destruction
of any dog seized or destroyed pursuant to the provisions of this
article.
[Amended 2-3-1981 by L.L. No. 5-1981; 8-18-1981 by L.L. No. 14-1981]
The animal control officer or a peace officer
having reasonable cause to believe that a violation of this article
has been committed in his presence shall issue and serve an appearance
ticket for such violation. The appearance ticket shall be in form
prescribed by the Town Board as adopted with this article. An answer
to such appearance ticket shall be made within five days of the violation,
by registered or certified mail, return receipt requested, in lieu
of a personal appearance on the return date at the time and court
specified in the appearance ticket. This article may also be enforced
by any police officer of the Town of Yorktown.
[Amended 2-3-1981 by L.L. No. 5-1981; 7-17-1984 by L.L. No. 10-1984; 2-5-1991 by L.L. No. 4-1991; 3-5-1996 by L.L. No. 7-1996; 10-1-1996 by L.L. No. 19-1996]
Any person convicted of a violation of this
article shall be deemed to have committed a violation and shall be
subject to a fine as follows:
A.
For a first violation, a fine of not less than $25
nor more than $250.
B.
For a second violation within five years, a fine of
not less than $50 nor more than $300 or by imprisonment for a period
not to exceed 15 days, or by both such fine and imprisonment.
C.
For a third violation within five years, a fine of
not less than $75 nor more than $375 or by imprisonment for a period
not to exceed 15 days, or by both such fine and imprisonment.
D.
For a fourth and subsequent violation within five
years, a fine of not less than $100 nor more than $500 or by imprisonment
for a period not to exceed 15 days, or by both such fine and imprisonment.
