Town of East Fishkill, NY Animals

Editor's Note: This local law superseded former Art. I, Dogs, adopted 6-14-2001 by L.L. No. 3-2001, as amended, and also provided an effective date of 1-1-2011.

§ 63-1 Purpose.

The Town Board of the Town of East Fishkill finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons and 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.

§ 63-2 Statutory authority.

This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law, as amended by L. 2010, c. 59, Part T, and the Municipal Home Rule Law of the State of New York.

§ 63-3 Title.

The title of this article shall be "Dog Control Law of the Town of East Fishkill."

§ 63-4 Definition of terms.

As used in this article, the following words shall have the following respective meanings:

DOG

Male and female, licensed and unlicensed, members of the specis canis familiaris.

OWNER

Person entitled to claim lawful custody and possession of a dog 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 control officer and a reasonable search has been made. If the 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 filing any complaint charging 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 that the owner of any dog found to be in violation of this article shall be under 18 years of age, the head of 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 said dog in violation of this article.

RUN AT LARGE

To be in a public place or on private land without the knowledge, consent and approval of the owner of such lands.

TOWN

The Town of East Fishkill.

§ 63-5 Restrictions.

It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:

Run at large unless the dog is accompanied by its owner or a responsible person and under the full control of such owner or person. For the purpose of the local law, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by its owner.

Engage in habitual and loud howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the comfort or response of any person other than the owner of such dog.

Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property without the consent or approval of the owner.

Chase, jump upon or at or otherwise harass any person in such manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm.

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.

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.

If a female dog, when in heat, be off the owner's premises, unrestrained by a leash.

§ 63-6 Licensing required; fees.

All dogs in the Town of East Fishkill must be licensed with the Town Clerk by the age of four months and are required to present a current certificate of rabies at the time of licensing or the renewal of an existing license.

All dog licenses will be for a period of one year and will expire at the month one year from the date of issue.

Fees for licensing dogs. The fee for a spayed or neutered dog will be $5 (which includes the assessment of a surcharge of $1 for the purpose of carrying out animal population control), and the fee for an unspayed or unneutered dog will be $13 (which includes the assessment of a surcharge of $3 for the purpose of carrying out animal population control), with such fees being reviewed by the Town Board periodically and may be changed by a resolution of the Town Board, if deemed necessary.

Enumeration fee. When the Board determines the need for a dog enumeration, a fee of $5 will be assessed to all dogs found unlicensed or renewed at the time the enumeration is conducted.

Purebred license. The Town of East Fishkill will not be issuing purebred or kennel licenses. All dogs will be licensed individually as per fee system stated above.

Service dogs. The Town of East Fishkill will not require a license for any guide dog, service dog, hearing dog or detection dog.

The Town of East Fishkill does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Town Clerk of the town or city in which the dog will be harbored for licensing or to the Town Clerk of the Town of East Fishkill, where the shelter is located, for the purchase of the license for adoption purposes.

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 forms. There will be no refund of fees.

All fees will be used in funding the administration of the Dog Control Law of the Town of East Fishkill.

Fees for seizure of dogs. The fee for seizure and impoundment of dogs in violation of this article or the laws of the New York State Department of Agriculture and Markets Law are as follows:

(1)

First offense: the same impoundment and euthanasia fees per animal that are charged to the Town for such service;

(2)

Second offense: $60, plus the impoundment and euthanasia fees per animal.

§ 63-7 Procedure for seizure of dogs.

Seizure, keeping, and disposal.

(1)

The Dog Control Officer or any peace officer shall seize:

(a)

Any unlicensed dog, whether on or off the owner's premises;

(b)

Any dog not wearing a tag, and after June 15, 1985, not identified, and which is not on the owner's premises; and

(c)

Any dog found in violation of Subsections A through G of § 63-5 of this article.

(2)

Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law, and see that the order of the Town Justice of the Town of East Fishkill in such case is carried out.

The Dog Control Officer or peace officer observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation. Said violation should be considered a petty offense and not a misdemeanor.

Any person who observes a dog in violation of this article may file a complaint under oath with the Town Justice of the Town of East Fishkill specifying the nature of the violation, the date thereof, a description of the dog and the name and a residence, if known, of the owner of such dog. Such complaint may serve as a basis for enforcing the provisions of this article.

§ 63-8 Penalties for offenses.

Any person convicted of a violation of this article shall be liable for a civil penalty of $25 for a first violation, $50 for a second violation, and $75 for each subsequent violation.

§ 63-9 Supersession of prior laws.

This article shall supersede all prior local laws, ordinances, rules and regulations relative to the control of dogs within the Town of East Fishkill, and they shall, upon the effectiveness of this article, be null and void.