Town of Ossining, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ossining as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Issuance of appearance tickets by Dog Control Officer (Dog Warden) — See Ch. 7, Art. II.
Dogs in parks — See Ch. 138.
Keeping of dogs and other animals — See Ch. 200, § 200-26.
[Adopted 6-13-1978 by L.L. No. 2-1978]
The Town Board of the Town of Ossining finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons, 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.
[Amended 3-26-1985 by L.L. No. 2-1985]
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 the "Dog Control Law of the Town of Ossining."
As used in this article, the following words shall have the following respective meanings:
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.
DOG
Male and female, licensed and unlicensed, members of the species Canis familiaris.
DOG WARDEN
Any person appointed pursuant to § 114 of the Agriculture and Markets Law of the State of New York by the Town Board of the Town of Ossining to enforce the provisions of this article and the provisions of the Agriculture and Markets Law of the State of New York. Such individuals shall be removable at the pleasure of the Town Board. Such person shall have all of the powers as enumerated in § 114 of the Agriculture and Markets Law.
[Amended 3-26-1985 by L.L. No. 2-1985]
OWNER
The party purchasing the license unless the dog is or has been lost and such loss reported to the Dog Warden 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 or 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 person under the age of 18 years, the head of the household in which such person under the age of 18 resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of the said dog and violation of this article.
RECREATION AREAS
Any real property owned by the Town of Ossining which is used for recreational purposes by the public, including but not limited to parks or playgrounds.
RUN AT LARGE
To be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands.
TOWN
Designates the area within the corporate limits of the Town of Ossining exclusive of the Villages of Ossining and Briarcliff Manor.
A. 
It shall be unlawful for any owner of any dog in the Town of Ossining to permit or allow such dog to:
(1) 
Run at large unless the dog is restrained by an adequate leash not exceeding eight feet in length.
[Amended 6-28-2006 by L.L. No. 4-2006]
(2) 
Engage in loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably or habitually disturb the comfort or repose of any person other than the owner of such dog.
[Amended 3-26-1985 by L.L. No. 2-1985]
(3) 
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property not belonging to the owner of such dog.
(4) 
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 or injury.
(5) 
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.
[Amended 3-26-1985 by L.L. No. 2-1985]
(6) 
Create a nuisance by defecating, urinating or digging on public property or private property other than the property of said owner, unless the owner shall immediately clean up after and correct the damage done by his dog.
(7) 
If a female dog, be off the owner's premises when in heat, unless such female dog in heat shall be restrained in accordance with § 74-5A(1) of this chapter.
[Amended 6-28-2006 by L.L. No. 4-2006]
B. 
Establishment of the fact or facts that the owner of a dog has allowed or permitted such dog to commit any of the acts prohibited by this section shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine, leash or control his dog.
A. 
A dog found running at large in violation of § 74-5A(1) of this article or of § 118 of the Agriculture and Markets Law may be seized in accordance with the provisions of § 118 of the Agriculture and Markets Law by any Dog Warden, as defined herein, exercising such degree of force as shall be necessary to effect such seizure without intentionally injuring or harming such dog, and such dog shall be impounded and disposed of in accordance with the provisions of § 118 of the Agriculture and Markets Law.
[Amended 3-26-1985 by L.L. No. 1985]
B. 
After any such seizure, every dog seized shall be properly fed and cared for at the expense of the Town. The owner of such dog, if the owner is ascertainable from the dog's license tag, shall be notified personally by serving such owner with a notice in writing stating that the dog has been seized and may be destroyed unless redeemed.
C. 
Redemption.
(1) 
A dog owner may redeem a dog from the pound within seven days if untagged or within 12 days if properly tagged, upon payment of the following sums to the Town Clerk:
[Amended 3-26-1985 by L.L. No. 2-1985]
(a) 
For the first impoundment: $20 for the first 24 hours or part thereof and thereafter $5 for each additional 24 hours or part thereof.
(b) 
For the second impoundment: $40 for the first 24 hours or part thereof and thereafter $10 for each additional 24 hours or part thereof.
(c) 
For the third and subsequent impoundments: $60 for the first 24 hours or part thereof and thereafter $15 for each additional 24 hours or part thereof.
(2) 
If not so redeemed, the owner shall forfeit all title to the dog, and the dog shall be sold or destroyed. In the case of sale, the purchaser must pay the purchase price to the Town Clerk.
D. 
No action shall be maintained against the Town of Ossining, any duly designated Dog Warden 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 § 118 of the Agriculture and Markets Law.
[Amended 3-26-1985 by L.L. No. 2-1985]
A. 
Any person who observes a dog in violation of this article may file a complaint under oath with a Town Justice, specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of the dog.
B. 
Upon receipt by the Town Justice of any such complaint, he shall summon the alleged owner to appear in person before him for a hearing, at which both the complainant and owner shall have an opportunity to be represented by counsel and to present evidence.
[Amended 10-24-1978 by L.L. No. 6-1978; 3-26-1985 by L.L. No. 2-1985]
A violation of this article shall be an offense punishable by a fine not to exceed $25, except that:
A. 
Where the person was found to have violated this article within the preceding five years, the fine may be not more than $50.
B. 
Where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not more than $100 or imprisonment for not more than 15 days, or both.
Wherever this article may be inconsistent with Article 7 of the Agriculture and Markets Law of the State of New York, then Article 7 of the Agriculture and Markets Law shall prevail.
[Adopted 12-21-2010 by L.L. No. 3-2010[1]]
[1]
Editor's Note: This local law also repealed former Article II, License Fees, adopted 9-29-1979 by L.L. No. 4-1979, as amended.
A. 
All dogs in the unincorporated area of the Town of Ossining must be licensed with the Town Clerk by the age of four months and required to present a current certificate of rabies vaccination at the time of licensing or the renewal of an existing license.
B. 
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.
The fee for a neutered male or spayed female dog shall be set by the Town Board in the Town Fee Schedule or by resolution. It shall include a state assessment pursuant to § 110-3 of the New York State Agriculture and Markets Law, and additional funds for renumeration as provided for by § 110-4(a) of the Agriculture and Markets Law.
The fee for an unneutered male or unspayed female dog shall be set by the Town Board in the Town Fee Schedule or by resolution. It shall include a state assessment pursuant to § 110-3 of the New York State Agriculture and Markets Law, and additional funds for renumeration as provided for by § 110-4(a) of the Agriculture and Markets Law.
When the Town Board determines the need for a dog enumeration, a fee set by the Town Board in the Town Fee Schedule or by resolution shall be assessed to all dogs found unlicensed or renewed at the time enumeration is conducted.
The Town of Ossining will not be issuing purebred or kennel licenses. All dogs will be licensed individually as per the fee system stated above.
The Town of Ossining requires licenses for all dogs living or harbored within the unincorporated area of the Town of Ossining; however, the Town fee for licensure of all types of services 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.
The Town of Ossining does not allow the licensing of dogs by a shelter. The shelter must notify the adoptive owners of their responsibility to license any dog who will be living within the unincorporated area of the Town of Ossining with the Town Clerk within 30 days of adoption. The shelter must provide Ossining with a list of adoptive owners monthly.
Residents of the unincorporated area of the Town of Ossining who are 60 years of age and older shall be exempt from any Town of Ossining local fees incorporated within the fees enumerated in §§ 74-11 to 74-15.
It shall be a violation punishable as provided in Article I, § 74-8, of this chapter for any owner to fail to license any dog. Each week a dog shall remain unlicensed shall constitute a separate violation hereunder.