[HISTORY: Adopted by the Town Board of the Town of North Salem: Art I, 4-9-1985 by L.L. No. 2-1985. Sections 70-4, 70-5A, 70-8B, C and D and 70-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art I. Other amendments noted where applicable.]
Article I Dogs
[Adopted 4-9-1985 by L.L. No. 2-1985]
The Town Board of the Town of North Salem 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.
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law of the State of New York.
The title of this article shall be the "Dog Control Law of the Town of North Salem."
As used in this article, the following terms shall have the meanings indicated:
- AGRICULTURE AND MARKETS LAW
- The Agriculture and Markets Law of the State of New York,
in effect as of the effective date of this article and as amended
thereafter.[Amended 7-27-1993 by L.L. No. 3-1993]
- That such animal is securely confined or restrained or kept on the owner's premises, either within a building, kennel or other suitable enclosure or securely fast and 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 escape therefrom.
- Male and female and licensed and unlicensed members of the species Canis familiaris.
- DOG CONTROL OFFICER
- Any person authorized from time to time to enforce the provisions of this article or the provisions of the Agriculture and Markets Law of the State of New York.
- IDENTIFIED DOGS
- Any dog carrying an identification tag as provided in the Agriculture and Markets Law.
- LOCAL FEE
- That fee established by the Town Board, after a public hearing, and as authorized by Agriculture and Markets Law Article 7, § 110, Subdivision 4.
- The party purchasing the license, unless the dog is or has been lost and such loss reported to the Dog Control Officer and reasonable search has been made. If an animal 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 animal 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 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 is 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 article.
- RECREATIONAL AREAS
- Any real property owned by the Town of North Salem which is used for recreational purposes by the public, including but not limited to parks or playgrounds.
- RUN AT LARGE
- 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 North Salem.
[Amended 12-14-2010 by L.L. No. 3-2010]
All dogs in the Town of North Salem must be licensed with the Town Clerk by the age of four months, and a current certificate of rabies is required to be presented at the time of licensing or the renewal of an existing license. Applications shall be on forms prescribed by the Town Clerk.
All dog licenses will be for a period of one year and will expire at the end of the month one year from the date of issue.
Fees for licensing of dogs:
The fee for a spayed or neutered dog shall be as set forth in Chapter 85 of this Code. It shall include a state assessment pursuant to § 110-3 of the New York State Agriculture and Markets Law, and additional funds for enumeration as provided for by § 110-4(a) of the Agriculture and Markets Law.
The fee for an unspayed or unneutered dog shall be as set forth in Chapter 85 of this Code. It shall include a state assessment pursuant to § 110-3 of the New York State Agriculture and Markets Law, and additional funds for enumeration as provided for by § 110-4(a) of the Agriculture and Markets Law.
Enumeration fee: When the Town Board determines the need for a dog enumeration, a fee set by the Town Board by resolution shall be assessed to all dogs found unlicensed or renewed at the time enumeration is conducted.
Purebred licenses: The Town of North Salem will not be issuing purebred or kennel licenses. All dogs will be licensed individually as per the fee system stated above.
Service dogs: The Town of North Salem requires licenses for all dogs living or harbored within the Town; however, the Town fee for licensure of all types of service dogs listed in § 110-2 of the Agriculture and Markets Law, including, but not limited to, guide dogs, service dogs, hearing dogs, and detection dogs, is waived.
Shelters: The Town of North Salem does not allow the licensing of dogs by a shelter. The shelter must notify the adoptive owners of their responsibility to license any dog which will be living within North Salem with the North Salem Town Clerk within 30 days of adoption. The shelter shall provide the Town Clerk with a list of adoptive owners monthly.
Seniors: Dogs owned by one or more senior residents, 65 years or older, are exempted from Town licensing fees.
Irrespective of the dog owner's compliance with this section of the Code, all Zoning Ordinance regulations controlling the number of dogs allowed per residence also applies.
It shall be unlawful for any owner of any dog in the Town of North Salem to permit or allow such dog to:
Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible adult able to control it by command. 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.
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property not belonging to the owner of such dog.
Chase, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
Habitually chase, run alongside of or bark at motor vehicles while on a public street or highway or upon public or private property other than the property of the owner or harborer of said dog.
Create a nuisance by defecating, urinating or digging on public property or private property other than the property of said owner.
If a female dog, be off the owner's premises when in heat.
This article shall be enforced by a Dog Control Officer, as defined herein, and shall be punishable under the Penal Law of the State of New York.
The Dog Control Officer shall seize any dog found running at large in violation of this article, and such dog shall be impounded and properly sheltered, fed and watered for the redemption period as hereinafter provided.
Such dog which is not identified, whether or not licensed, shall be held for a period of seven days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog is licensed and is identified pursuant to the provisions of the Agriculture and Markets Law, and further provided that the owner pays the impoundment fees in accordance with the Standard Schedule of Fees for the Town of North Salem.
[Amended 7-27-1993 by L.L. No. 3-1993]
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 a period of seven days after the day of notice, during which period the dog may be redeemed by the owner. The owner may redeem such dog upon payment of the impoundment fees prescribed by § 70-8B above and by producing proof that the dog is licensed.
[Amended 7-27-1993 by L.L. No. 3-1993]
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, provided that no such dog shall be delivered for adoption unless it has been licensed. An adoption fee in accordance with the Standard Schedule of Fees for the Town of North Salem shall be remitted to the Town of North Salem.
[Amended 7-27-1993 by L.L. No. 3-1993]
The owner of any impounded dog shall be liable for the impoundment fees, whether or not the dog is redeemed.
No action shall be maintained against the Town of North Salem, any duly designated Dog Control Officer or any other agent or officer of the Town to recover 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.
Any person who observes a dog in violation of this article may file a complaint, under oath, with the Dog Control Officer, specifying the nature of the violation, the date thereof, a description of the dog and the name and address, if known, of the owner of the dog.
Upon receipt by the Dog Control Officer of any such complaint, he may summon the alleged owner to appear in person before the Justice Court for a hearing, at which both the complainant and the owner shall have an opportunity to be represented by counsel and to present evidence. If, after such hearing, the Town Justice decides that further action is warranted, he may order:
[Amended 7-27-1993 by L.L. No. 3-1993; 12-14-2010 by L.L. No. 3-2010]
An offense against this chapter shall be deemed a violation and a person convicted of such an offense shall be liable to a fine of $50 for a first violation within a twelve-month period; to a fine of $100 for a second violation within a twelve-month period; and to a fine of $150 for a third or subsequent violation within a twelve-month period.