[HISTORY: Adopted by the Town Board of the
Town of Hurley as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-24-2003 by L.L. No. 2-2003[1]]
[1]
Editor's Note: This local law also repealed
former Art. I, Dogs Running at Large, adopted 8-26-1974, as amended.
The Town of Hurley, New York finds that the
running at large and other uncontrolled behavior of 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
and regulations upon the keeping or running at large of dogs and the
seizure thereof within the Town.
As used in this article, the following terms
shall have the meanings indicated:
Any dog that is unleashed and on property open to the public
or is on property not owned or leased by the owner of the dog unless
permission for such presence has been obtained. No dog shall be deemed
to be at large if it is accompanied by and under the supervision and
control of the owner or other responsible person and is actively engaged
in hunting or training for hunting.
The State Commissioner of Agriculture and Markets.
Designates or applies to any dog which, without just cause,
bites, attacks or otherwise threatens to attack any person or attacks
and wounds a dog, cat or other domestic animal, or which displays
any other fierce, vicious or dangerous propensities.
Any individual appointed by the Town Board of the Town of
Hurley to assist in the enforcement of this article or any authorized
officer, agent or employee of an incorporated humane society or similar
incorporated dog protective association under contract with the Town
of Hurley to assist in the enforcement of this article.
Any person who harbors or keeps any dog. In the event that
any dog found in violation of this article shall be owned by a person
under eighteen years of age, the owner shall be deemed to be the parent
or guardian of such person.
The owner of every dog which is at any time
kept, brought or comes into the Town shall be held responsible for
the strict observance of all the regulations contained in this article
and shall not permit such dog to become a nuisance. The owner shall
license each dog in accordance with Agriculture and Markets Law and
shall renew each license every year. Said license and identification,
including the dog's name and owner's telephone number, must be attached
to the dog at all times.
It shall be unlawful for any owner of any dog
to permit or allow such dog, in the Town of Hurley, to:
A.
Any Dog Control Officer, or any other person(s) duly
authorized by resolution of the Town Board, who observes a violation
of this article, or who receives a duly sworn complaint from someone
who observes such violation, may issue and serve an appearance ticket.
B.
The Dog Control Officer will enforce the provisions
of this article and will make a complaint under oath or affirmation
to the Town Justice of the Town of Hurley with respect to any such
violation.
A.
Any dog found in violation of any provision(s) of
this article, or the provisions of Agriculture and Markets Law § 109,
may be seized or impounded, pursuant to the provisions of § 118
of the Agriculture and Markets Law, by the Dog Control Officer, and
any such Dog Control Officer or any agency designated by the Town
of Hurley shall be empowered to exercise such seizure without intentionally
injuring or harming such dog.
B.
The owner of record shall be notified promptly upon
seizure of an identified dog. If the identity of the owner is not
ascertainable, then a report of such seizure and/or impounding together
with a description of the dog shall be published in an official newspaper
of the Town of Hurley as soon after such seizure as is practicable.
C.
Every dog seized will be properly cared for, sheltered
and fed.
D.
Seized dogs will be held by the Town of Hurley, or
its assigns, for a period of 24 hours, during which period (s)he may
be redeemed by producing proof of licensing and identification pursuant
Article 7 of the Agriculture and Markets Law, and by paying the Town
Clerk the sum of $10 plus reasonable expenses. If the dog is not redeemed
during the period set forth herein, the owner shall forfeit all title
to the dog, and the dog will be turned over to the agency assigned
by the Town Board.
E.
No action shall be maintained against the Town, its
officers, agents, employees or designated contractors, when acting
pursuant to his or her duties, to recover the possession or value
of any dog, or for damages or injury or compensation for the destruction
of any dog seized or destroyed pursuant to the provisions of this
article or the Agriculture and Markets Law.
F.
The Town of Hurley, New York, or its assigns harboring
such dog may order the destruction of said dog. The animal will be
euthanized if a veterinarian determines it to be terminally ill or
seriously injured, or if a Town Justice rules it to be a dangerous
dog; or a dog may be offered for adoption to a responsible person
after producing a license for said dog.
G.
No dog shall be sold or given or offered for adoption
to any laboratory for experimental purposes.
A.
Any person convicted of a violation of any of the
provisions of this article shall be guilty of a violation and shall
be punished by a fine of not more than $50, or not more than five
days in jail, or both, and for a second or subsequent conviction such
person shall be punished by a fine of not more than $250, or not more
than 10 days in jail, or both.
B.
Upon finding by a judge or justice that a dog is dangerous
pursuant to Agriculture and Markets Law § 121, the judge
or justice shall notify the Commissioner of such finding and whether
the dog was ordered securely confined or destroyed. Upon receipt of
such notification, the Commissioner shall make and maintain a record
of such finding. Said record shall be maintained for the life of the
dog.
The Dog Control Officer shall keep a record
and a description of each complaint filed, of each animal seized and/or
impounded, the date of the receipt of said seizure, and the date the
animal was redeemed or disposed of, and the name and address of the
person by whom redeemed.
Each separate provision of this article shall
be deemed independent of all other provisions herein, and if any provision
shall be deemed or declared invalid, all other provisions shall remain
valid and enforceable.
This article shall supercede all prior local
laws, ordinances, rules and regulations relative to the control of
dogs within the Town of Hurley.
[Adopted 12-20-2010 by L.L. No. 2-2010[1]]
[1]
Editor's Note: This article also repealed former Art.
II, Dog License Fees, adopted 12-17-1991 by L.L. No. 2-1991, as amended.
All terms not specifically defined herein shall have the meaning
assigned to such terms within Section 108 of the Agriculture and Markets
Law of the State of New York.
As used in this article, the following terms shall have the
meanings indicated:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article, and as thereafter amended.
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
Any person who harbors or keeps any dog or other animal.
The person in whose name a dog was last licensed pursuant
to this article.
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
An individual who maintains a residence within the Town of
Hurley, County of Ulster, State of New York.
To be in a public place or on private land without the knowledge,
consent, and approval of the owner of such lands.
The Town of Hurley, County of Ulster, State of New York.
A.
No person shall own or possess a dog within the Town unless such
dog is licensed and identified as provided in Article 7 of the Agriculture
and Markets Law and laws of the Town.
B.
All dogs within the Town that are four months of age or older, unless
otherwise exempted, shall be licensed. No license shall be required
for any dog which is under the age of four months and which is not
at large.
C.
The owner of each dog required to be licensed shall obtain, complete
and return to the Town Clerk of the Town a dog license application
together with the license application fee, any applicable license
surcharges and such additional fees as may be established by the Town.
Any dog harbored within the Town which is owned by a resident
of New York City or licensed by the City of New York, or which is
owned by a nonresident of New York State and licensed by a jurisdiction
outside the State of New York, shall for a period of 30 days be exempt
from the licensing and identification provisions of this article.
Each license application shall be accompanied by proof that
the dog has been vaccinated against rabies or a statement from a licensed
veterinarian that such vaccination would endanger the dog's life
in which case vaccination shall not be required.
Each license issued pursuant to this article shall be valid
for a period of one year and shall expire on the last day of the last
month of the period for which it was issued. No license shall be issued
for a period expiring after the last day of the 11th month following
the expiration date of the current rabies certificate for the dog
being licensed.
B.
The fees hereinabove set forth shall be reviewed by the Town Board
from time to time and may be changed by a resolution of the Town Board.
C.
State-mandated animal population control surcharge.
(1)
Each individual dog license for a spayed or neutered dog shall be
subject to an animal population control surcharge in the amount of
$1 payable at the time the dog license application is filed.
(2)
Each individual dog license for an unspayed or unneutered dog shall
be subject to an animal population control surcharge in the amount
of $3 payable at the time the dog license application is filed.
D.
Dog enumeration surcharge. Each dog found to be unlicensed during
a Town dog enumeration shall be subject to a dog enumeration surcharge
of $25 payable at the time the application is filed to license said
dog.
E.
Replacement tag fee. A replacement tag fee of $7 shall be charged
to offset the costs associated with the provision and replacement
of identification tags.
F.
Fee exemptions.
(1)
There shall be no fee for any license issued for the following:
(a)
Guide dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(b)
Hearing dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(c)
Service dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(d)
War dog (as defined in Article 7 of the State Agriculture and
Markets Law).
(e)
Working search dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(f)
Detection dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(g)
Police work dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(h)
Therapy dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(2)
Each copy of any license for such dogs shall be conspicuously marked
"Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War
Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog," as may
be appropriate, by the Clerk.
A.
Upon validation by the Town Clerk of the Town, a dog license shall
be issued and a record of its issuance retained in the office of the
Town Clerk of the Town. Such record shall be made available upon request
to the State Commissioner of Agriculture and Markets, or successor
thereof.
B.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately apply for a new license
for the dog. A license cannot be transferred to another dog.
C.
Change of ownership; lost or stolen dogs; deceased dogs.
(1)
Upon the transfer of ownership of any dog, the new owner shall immediately
make application for a license for such dog. The original issued identification
tag shall remain the same for the life of the dog.
(2)
In the event of a change in ownership of any dog which has been assigned
an official identification number or in the event of a change of address
of the owner of record of any such dog, the owner of record shall,
within 10 days of such change, notify the Town Clerk.
(3)
If any dog which has been assigned an official identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Town Clerk.
(4)
In the case of a dog's death, the owner of record shall so notify
the Town Clerk either prior to renewal of license or upon the time
of such renewal.
D.
Identification tag.
(1)
The Town Clerk shall assign a Town permanent official identification
number to a dog when it is first licensed. Such identification number
shall be carried by the dog on an identification tag which shall be
affixed to the collar of the dog at all times.
(2)
An identification tag is not required to be worn while the dog is
participating in a dog show.
(3)
The official permanent identification number shall constitute the
official identification of the dog to which it is assigned, regardless
of changes of ownership, and the number shall not be reassigned to
any other dog during the lifetime of the dog to which it is assigned.
(4)
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which the number has been
assigned.
(5)
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no additional charge. Any replacement
tag shall be obtained by the owner at the owner's expense. Any
person wishing to replace a tag previously issued shall pay the sum
of $7 to the Town Clerk for a replacement tag.
A.
The owner of one or more purebred dogs registered by a recognized
registry association as defined in Agriculture and Markets Law, § 108,
may annually make an application for a purebred license, in lieu of
or in addition to the individual licenses required by this article.
A purebred license shall be valid for a period of one year beginning
with the first day of the month following the date of issuance and
shall be renewable annually thereafter prior to the expiration date.
B.
The purebred dog license application shall state the name, address
and telephone number of the owner; the county and town where such
dogs are harbored; the sex, breed, registry name and number of each
purebred registered dog over the age of four months which is harbored
on the premises; and the sex and breed of each purebred dog over the
age of four months which is harbored on the premises and which is
eligible for registration. The application shall also include a statement
by the owner that all purebred dogs over the age of four months which
are harbored on the premises have been listed.
C.
The application shall be accompanied by the license fee prescribed
by this article and a certificate of rabies vaccination or statement
in lieu thereof, as required by this article and Article 7 of the
State Agriculture and Markets Law.
D.
Upon receipt of the foregoing items, the Clerk shall assign a license
number, which shall be reserved for the sole use of the named owner,
and shall issue a purebred license. Once a purebred license has been
issued, no refund therefor shall be made.
F.
No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of § 48-9, except when the new owner holds a valid purebred license.
G.
Fees.
(1)
If no more than 10 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of application: $25.
(2)
If no more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of application: $50.
(3)
If more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application: $100.
(4)
Each purebred dog license shall be subject to an animal population
control surcharge in the amount of $3 payable at the time the dog
license application is filed.
Any person convicted of a violation of this Article II shall be liable for a civil penalty of $25 for a first violation; of $50 for a second violation and $75 for each subsequent violation.
This article shall supersede all prior inconsistent local laws,
ordinances, rules and regulations relative to the licensing of dogs
within the Town. All prior inconsistent local laws, ordinances, rules
and regulations shall be, upon the effectiveness of this article,
null and void.
The provisions of this article are declared to be severable,
and if any section, subsection, sentence, clause or part thereof is,
for any reason, held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of any remaining sections, subsections, sentences, clauses or parts
of this article.
This article shall be effective January 1, 2011, after filing
with the Secretary of State.
