Town of Hyde Park, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Hyde Park 3-24-1975. Amendments noted where applicable.]
It shall be hereinafter declared unlawful for any person in the Town of Hyde Park who is the owner of or who is harboring a dog or dogs to allow the same unrestrained by adequate collar and leash and, whether muzzled or unmuzzled, unless accompanied by its owner or a responsible person able to control the animal, to run at large upon private property, other than his own, or upon any public street, public park or public place at any time, day or night. For the purposes of this chapter, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by its owner.
It shall hereinafter be declared unlawful for any person in the Town of Hyde Park who is the owner of or is harboring a dog or dogs to allow any female dog in heat to run at large upon private property, a public street or public place at any time, day or night, during the period of time that said female dog is in heat.
It shall be hereinafter declared unlawful for any person in the Town of Hyde Park who is the owner of or is harboring a dog or dogs to allow said dog or dogs to engage in habitual loud and excessive howling or barking as would habitually annoy and disturb persons other than the owner of said dog or dogs or that person harboring said dog or dogs.
It shall be hereinafter declared unlawful for any person in the Town of Hyde Park who is the owner of or is harboring a dog or dogs to allow said dog or dogs to cause damage or destruction to property or to commit a nuisance upon premises of persons other than the owner or person harboring such dog or dogs, to harass other persons by molesting or to cause others reasonable apprehension of bodily harm or injury, which includes interference by chasing or otherwise of vehicular traffic on either public or private roadways.
A. 
Any dog or dogs found to be violating any of the clauses as set forth in §§ 45-1 through 45-4 of this chapter shall be subject to seizure and impounding by any police officer or employee or agency designated by the Town Board for the purpose of seizure and impounding.
B. 
Each dog which has been seized and impounded as provided in § 45-5A which is not identified, whether or not licensed, shall be held for a period of five days from the date of seizure, during which time the dog may be redeemed by its owner as set forth herein. Each dog which has been seized and impounded, as provided in § 45-5A, which is identified may be redeemed by the owner of record, within seven days of notice, if notification is personally given to the owner. If notification is made by mail, such notice shall be given by certified mail, return receipt requested, and the dog shall be held for a period of nine days, and may be redeemed by its owner within nine days of the date of mailing. Redemption shall occur by the production by the owner to the Dog Control Officer of a license for each dog impounded and by payment to the Town Clerk of the impoundment fee as set forth in the Town Fee Schedule, together with the cost of keeping, feeding and caring for the animal ("boarding fee") and all veterinary fees for required shots and care administered to the dog. The fee schedule shall set forth the impoundment fee to be paid by the owner of the dog which is seized and impounded for the first time within the year; a higher fee for dogs seized and impounded for a second time within one year of the first occurrence; a higher fee for the seizure and impounding of the dog for the third occurrence within one year of the first occurrence; and a higher fee for the seizure and impoundment of the dog for the fourth time within one year of the first occurrence, together with all boarding fees and veterinary fees incurred for said dog.
[Amended 7-11-1983; 6-6-1990 by L.L. No. 2-1990; 7-25-1994 by L.L. No. 1-1994; 1-1-2007 by L.L. No. 2-2007; 3-4-2013 by L.L. No. 1-2013]
C. 
In the event, however, that said dog has not been redeemed, the owner or person harboring said dog shall forfeit all title to said dog, and the dog shall be sold or killed by the Dog Warden.
D. 
In the event, however, that said dog, at the time of seizure and impounding, is licensed, then the redemption period shall be 12 days rather than the five days as above specified. For the purpose of this chapter, the absence of a license attached to the seized and impounded dog shall constitute presumptive evidence that the dog is unlicensed, and no further proof shall be necessary for the Dog Warden to invoke the five-day redemption period.
E. 
In the event that said dog or dogs are not redeemed and it is, therefore, determined who the owner or person harboring said dog or dogs is, whether said dog or dogs have been sold or destroyed, the person owning or harboring said dog or dogs shall be responsible to pay to the Clerk of the Town the fee set by resolution of the Town Board for seizure and impounding, plus the cost of keeping, feeding and caring for the animal while in the custody of the Dog Warden or pound.
[Amended 1-1-2007 by L.L. No. 2-2007]
Any person may file a written complaint with the Justice of the Peace with respect to the violation of the provisions of this chapter, and, after a hearing is conducted upon said complaint, said Justice of the Peace may issue any order or determination upon the merits thereof and make any order consistent with the provisions of this chapter or the Agriculture and Markets Law of the State of New York.
[Amended 7-11-1983; 4-24-2006 by L.L. No. 8-2006; 12-21-2009 by L.L. No. 6-2009]
In addition to the redemption fees and feeding and caring fees as set forth above, any person owning or harboring a dog or dogs who violates any of the provisions of this chapter shall be deemed to have committed an offense and, if convicted of same, shall be subject to a minimum fine of $75, a maximum fine of $350, or imprisonment for a period not exceeding 15 days, or both for the first violation, a minimum fine of $100, a maximum fine of $550, or imprisonment for a period not exceeding 15 days, or both for the second violation, and a minimum fine of $250, a maximum fine of $700, or imprisonment for a period not exceeding 15 days, or both for the third and/or any subsequent violations, except as otherwise provided in Article 7 of the Agriculture and Markets Law of the State of New York.
[Amended 7-11-1983]
The Dog Warden of the Town of Hyde Park, or any other person designated by a majority of the Hyde Park Town Council, is the person hereby designated to administer this chapter.
This chapter shall not obviate any of the powers of the Town of Hyde Park or any of its employees or agencies as granted under Article 7 of the Agriculture and Markets Law of the State of New York.
[Added 12-27-2010 by L.L. No. 1-2011[1]]
[1]
Editor's Note: This local law also repealed former §§ 45-10, License required; fees and exemptions, added 6-6-1990 by L.L. No. 2-1990, as amended, and 45-11, added 7-25-1994 by L.L. No. 1-1994.
Recent amendments to the New York State Agriculture and Markets Law enacted pursuant to Part T of Chapter 59 of the Laws of 2010 provided for two major changes:
A. 
Transferring the function of dog licensing from the state to local governments; and
B. 
Authorizing the New York State Animal Population Control Program (APCP) to be administered by a not-for-profit entity selected by the department consistent with New York's procurement laws.
This article is authorized pursuant to Article 7 of the Agriculture and Markets Law as amended by the provisions of Part T of Chapter 59 of the Laws of 2010 and pursuant to Municipal Home Rule Law § 10.
The title of this article shall be "Dog License Law."
As used in Chapter 45 of the Code of the Town of Hyde Park, the following words shall have the following respective meanings:
CLERK
The Town Clerk of the Town of Hyde Park.
DANGEROUS DOG
A dog which qualifies as dangerous pursuant to the provisions of the Agriculture and Markets Law.
DOG
Male and female, licensed and unlicensed, members of the species canis familiaris.
DOG CONTROL OFFICER
A person authorized by the Town Board by resolution to enforce the provisions of this article. The Dog Control Officer shall have the power to execute the provisions of this article, including service of a summons, the service of an appearance ticket pursuant to and in accordance with § 126 of the Agriculture and Markets Law of the State of New York and the service and execution of any other order of process, to appear and prosecute any matter arising under this article or Article 7 of the Agriculture and Markets Law.
HABITUALLY
On more than one occasion within a thirty-day period.
IDENTIFICATION TAG (ID TAG)
A tag, issued by the Clerk to the owner of a specific dog, containing a serial number, the name of the licensing municipality (Town of Hyde Park), the state name, the contact phone number for the Clerk's office, and any such other information as the Town Clerk of the Town of Hyde Park may deem appropriate.
OWNER
Any person or entity entitled to claim lawful custody and possession of a dog and 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 Town of Hyde Park Dog Control Officer and the Town of Hyde Park Town Clerk, and a reasonable search has been made. If a dog is not licensed, the term "owner" shall be deemed to include any person or persons, firm, association or corporation who or which, at any time, owns or has possession, custody or control of, harbors or otherwise maintains any dog which is kept, brought, or comes within the jurisdictional boundaries of the Town of Hyde Park. Any person who owns or harbors a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be deemed to be the owner of said dog. If the owner of any dog is under 18 years of age, 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 the said dog in accordance with this article.
RESPONSIBLE PERSON
Any individual, male or female, over the age of 16 years, other than the owner, who at any time has possession, custody or control of any dog.
RUN AT LARGE
Any dog which is unrestrained by a leash or other tether and walks, runs, or roams in a public place or on private land without the knowledge, consent and approval of the owner of such lands.
TOWN
The Town of Hyde Park.
A. 
All dogs aged four months or older, located, owned or harbored in the Town of Hyde Park, unless otherwise exempted, shall be licensed as herein provided. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk of the Town of Hyde Park 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 of Hyde Park or otherwise authorized by the Agriculture and Markets Law. 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 shall be valid for a period of one year or for such other period as authorized by this article. Such license shall not be transferrable.
B. 
The application shall be on forms prepared by the Clerk, in paper, electronic or other form at the discretion of the Town Clerk, and shall contain the following information: name of dog, sex of dog, whether the dog is spayed or not spayed, neutered or not neutered, actual or approximate age of dog, the breed of the dog, the primary and secondary colors of the dog, any identifying markings or tattoos on the dog, the physical and mailing address of the dog owner and a working phone number for the owner of the dog. The Town Clerk of the Town of Hyde Park may also require additional information on such application as deemed appropriate.
C. 
Applications for a dog license and/or a renewal shall be submitted to the Town Clerk of the Town of Hyde Park for processing. Subsequent renewals of dog licenses may be made via regular mail or recognized overnight delivery service, provided that the renewal application is accompanied by a statement certified by a licensed veterinarian stating that the dog has been vaccinated to prevent rabies or, in lieu thereof, a statement certified by a licensed veterinarian stating that because of old age or other reasons the life of the dog or dogs would be endangered by the administration of vaccine or as otherwise required by § 109 of the Agriculture and Markets Law.
D. 
The Clerk, at the time of issuing any license pursuant to this section, shall require the applicant to present a statement certified by a licensed veterinarian showing that the dog or dogs have been vaccinated to prevent rabies, or in lieu thereof, a statement certified by a licensed veterinarian stating that because of old age or other reasons the life of the dog or dogs would be endangered by the administration of vaccine, and that the applicant is over the age of 18.
E. 
Rabies certificates shall be honored for either a one-year license period or a three year license period, as stated in the veterinarian certificate.
F. 
In the case of a spayed or neutered dog, the application for a license or renewal thereof shall be accompanied by a certificate, signed by a licensed veterinarian, certifying that the dog has been spayed or neutered, unless such certificate has already been placed on file with the Town Clerk.
G. 
Dogs will be licensed for one-, two-, or three-year license periods. The expiration date will be the last day of the month of issuance, one, two or three years from the date of issue, depending on the length of term chosen by, and paid for by, the owner of said dog except as provided by Subsection H below.
H. 
No dog license shall be issued for a period expiring after the last day of the eleventh month following the expiration date of the current rabies certificate for the dog being licensed.
I. 
No dog license shall be issued by a shelter, or any other entity, on behalf of the Town of Hyde Park.
J. 
No dog license shall be transferable; upon the transfer of ownership of any dog, the new owner shall immediately make application for and obtain a license for such dog.
K. 
The Town of Hyde Park will not issue purebred or kennel licenses. All dogs will be licensed individually in accordance with this article.
L. 
Dog licenses issued by another agency, municipality or shelter will not be recognized by the Town of Hyde Park. The Town of Hyde Park does not credit unexpired terms of licenses issued by another municipality, nor does it refund licensing fees for any reason, including, but not limited to: dogs and dog owners that relocate to a municipality other than the Town of Hyde Park, dogs that are no longer alive, dogs that are relinquished or transferred to another owner and dogs that are missing, gone or lost. Notwithstanding the foregoing, any dog harbored within the Town of Hyde Park by a resident of the City of New York and licensed by the City of New York, or which is owned by a nonresident of New York State and licensed by a jurisdiction outside of the State of New York, shall for a period of 30 days be exempt from the licensing and identification provisions of this article.
M. 
The Town Clerk shall provide the dog owner with a copy of the dog license and retain a copy in the Town Clerk's Office in accordance with the New York State Archives Records Retention and Disposition Schedule, MU-1.
A. 
In the event of a change in the ownership of any dog which has been licensed pursuant to this article, or in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, file with the Town Clerk of the Town of Hyde Park a written report of such change. Such owner of record shall be liable for any violation of this article until such filing is made or until the dog is licensed in the name of the new owner.
B. 
If any dog which has been licensed pursuant to this article is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, file with the Town Clerk of the Town of Hyde Park a written report of such loss or theft. In the case of a loss or theft, the owner of record of any such dog shall not be liable for any violation of this article committed after such report is filed with the Clerk.
C. 
In the case of a dog's death, the owner of record shall so notify the Town Clerk of the Town of Hyde Park either prior to the renewal of licensure or upon the time of such renewal as set forth by the Town of Hyde Park.
A. 
Each dog licensed in the Town of Hyde Park will be issued a serialized identification tag (ID tag). Such ID tag shall be affixed to the collar of such dog at all times. Dogs participating in a dog show are not required to display an ID tag during such participation. The ID tag shall contain the information set forth in § 45-12 above.
B. 
No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.
A. 
Pursuant to Municipal Home Rule Law, § 10, Subdivision 1(ii)a(9), by the adoption of this article, the Town Board of the Town of Hyde Park is authorized to establish, by resolution, a schedule of dog license fees, enumeration fees and tag replacement fees. The Town may exercise this authority as needed throughout the year. Fees for each dog license issued by the Town of Hyde Park in accordance with the provisions of this article shall be set forth in the current fee schedule adopted by the Town Board. The license fee for an unsprayed or unneutered dog shall be at least $5 more than that of a spayed or neutered dog.
B. 
In addition to the license fees established above, each applicant for a dog license shall pay a surcharge of $1 if the dog to be licensed is altered or a fee of $3 if the dog to be licensed is unaltered. This additional charge is assessed for the purposes of carrying out animal population control efforts. These surcharge fees will be remitted by the Town Clerk, on a monthly basis, to the state-designated entity chosen to oversee the Animal Population Control Fund.
C. 
Whenever the Town Board of the Town of Hyde Park determines a need for a dog enumeration or a dog census, in addition to the license fee imposed above, each applicant for a dog license shall pay a surcharge of $5 which shall be retained by the Town of Hyde Park and used to defray the cost of such dog enumeration or dog census living within the Town of Hyde Park and the cost of providing replacement identification tags.
A. 
Certified guide dogs, war dogs, police dogs, therapy dogs, service dogs, hearing dogs or detection dogs shall be exempt from any licensing fee. However, the owner of any certified guide dog, war dog, police dog, therapy dog, service dog, hearing dog or detection dog must, however, maintain a current license in accordance with § 45-14 of this article. Special tags will not be issued for dogs exempt from fees pursuant to this subsection.
B. 
The licensing process and fees set forth in this article do not apply to any wholesale dog breeders licensed with the United States Department of Agriculture, to any dog confined to the premises of any public or private animal hospital devoted solely to the treatment of sick animals, or to any dog confined for the purposes of research at the premises of any college or other educational or research institution.
C. 
Senior citizens (persons 65 years of age or older) shall receive a discount of 50% for all licensing fees.
A. 
It shall be a violation for:
(1) 
Any person to fail to license any dog;
(2) 
Any owner to fail to have any dog identified as required by this article;
(3) 
Any person knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs or purebred license tag;
(4) 
Any person to furnish any false or misleading information on any form required to be filed with the Town Clerk of the Town of Hyde Park pursuant to the provisions of this article.
(5) 
Any owner of any dog to fail to notify the Town of Hyde Park of any change of ownership or address as required by this article.
B. 
The Town of Hyde Park may elect to prosecute such violations described in this section as a violation under the Penal Law or to commence an action to recover a civil penalty as hereinafter provided.
A. 
This article shall be enforced by the Dog Control Officer, any law enforcement officer, or any peace officer.
B. 
The Dog Control Officer, any law enforcement officer, or any peace officer observing a violation of this article in his or her presence or having reasonable cause to believe that a person has violated the provisions of this article, or harbored a dog in violation of this article, shall issue and serve an appearance ticket for such violation. The appearance ticket shall be in the form prescribed by the provisions of § 126 of the Agriculture and Markets Law,[1] as it may be amended from time to time hereafter, and this article.
[1]
Editor's Note: See now § 124 of the Agriculture and Markets Law. Former § 126 was repealed by L. 1978, c. 220.
C. 
The Dog Control Officer, any law enforcement officer, or any peace officer shall seize any unlicensed dog, whether on or off the owner's premises; any dog not wearing a tag and which is not on the owner's premises; or any dog found in violation of any provision of this article. The Dog Control Officer, law enforcement officer, or peace officer may also investigate and commence a proceeding pursuant to § 121 of the Agriculture and Markets Law involving any dangerous dog, as described in that section, and see that the order of the Town Justice in such case is carried out.
D. 
Any person who observes a dog in violation of this article may file a complaint, under oath, as that term is defined by the Criminal Procedure Law, with the Town Justice, stating the nature of the violation, the date thereof, a description of the dog and the name and address of the residence of the owner of such dog, if known. The Dog Control Officer, law enforcement officer, or peace officer shall be authorized to assist any such person in making such a complaint. Such a complaint may serve as the basis for enforcing the provisions of this article.
A. 
The Dog Control Officer, any law enforcement officer, or any peace officer shall seize:
(1) 
Any dog which has violated any of the provisions of this Article or Article 7 of the Agriculture and Markets Law;
(2) 
Any dog which is not licensed, whether on or off the owner's premises;
(3) 
Any dog which is not wearing an identification tag, not identified, and which is not on the owner's premises;
(4) 
Any licensed dog which is not in the control of its owner or a responsible person and not on the premises of the dog's owner or a responsible person; or
(5) 
Any dog which poses an immediate threat to the public health and safety or otherwise qualifies as a dangerous dog pursuant to the provisions of the Agriculture and Markets Law.
B. 
The Dog Control Officer, any law enforcement officer, or peace officer may also investigate and commence a proceeding pursuant to § 123 of the Agriculture and Markets Law involving any dangerous dog, as described in said section, and shall carry out any order of the Town Justice of the Town of Hyde Park in connection therewith. Any such dog shall be impounded or taken to such place as may be designated by the Town Board as a place of detention, until disposition thereof shall have been made in accordance with the provisions of this article.
C. 
Promptly upon seizure, the Dog Control Officer, law enforcement officer, or peace officer shall issue and serve an appearance ticket on the dog owner and shall carry out any order of the Town Justice of the Town of Hyde Park or any justice having jurisdiction of the matter.
D. 
Each seized dog which is not identified, whether licensed or not, shall be held for a period of five 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 has been licensed and has been identified pursuant to the provisions of this article and further provided that the owner pays the relevant redemption and impoundment fees in accordance with this article.
E. 
All monies collected as fines or penalties as a result of any prosecution for violations of the provisions of this article, and all bail forfeitures by persons charged with such violations, shall be the sole property of the Town of Hyde Park and shall be used only for controlling dogs and enforcing this article.
F. 
An owner shall forfeit title to any dog unredeemed at the expiration of the redemption period, and the dog shall then be made available for adoption or shall be euthanized pursuant to the provisions of Subsections 2-a, 2-b, 2-c, 2-d and 2-e of § 374 of Chapter 59 of the Laws of New York, 2010.
G. 
Any person who observes a dog in violation of this article may file a complaint under oath with the Town Justice, Dog Control Officer, law enforcement officer or peace officer, specifying the nature of the violation, the date thereof, a description of the dog and the address, if known, of the owner of such dog. Such complaint is subject to the Freedom of Information Act. However, all identifying information pertaining to the complainant shall be redacted prior to the release of such complaint. Such complaint may serve as a basis for enforcing the provisions of this article.
[Amended 3-4-2013 by L.L. No. 1-2013]
Any dog which has been seized and impounded in accordance with the provisions of this chapter may be redeemed in accordance with the provisions of § 45-5B of this chapter.
A violation of this section shall be punishable, subject to such an election, either:
A. 
Where prosecuted pursuant to the penal law, by a fine of not less than $50 and not more than $250 except that where the person was found to have violated this section or Article 7 of the Agricultural Market Laws within the preceding five years, the fine may be not less than $100 and not more than $500; or
B. 
Where prosecuted as an action to recover a civil penalty, by a civil penalty of not less than $100 and not more than $300, except that when the person was found to have violated this section or this article within the preceding five years, the civil penalty may be not less than $200 and not more $600.