[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant as indicated in article histories. Amendments noted where applicable.]
It appearing that dogs in the Town of Mount Pleasant have, in some instances, been allowed to cause annoyance and damage to the person and properties of others, and it appearing further that dogs properly cared for serve a useful purpose, the Town Board of the Town of Mount Pleasant enacts the following Article to preserve the relationship between a dog and his master and, at the same time, to protect the health, safety and property of others from annoyance and damage caused by dogs.
The title of this article shall be the "Dog Control Ordinance of the Town of Mount Pleasant," and this article shall only affect the areas of the Town outside the jurisdictional limits of any village within the Town of Mount Pleasant.
As used in this article, the following words shall have the following respective meanings:
- DOG WARDEN
- The person authorized by the Town Board from time to time, by resolution, to enforce the provisions of this article. The Dog Warden shall be authorized to draw an information and obtain supporting affidavits for submission to the Town Justice Court and to perform all functions of the office permitted by statute, law or ordinance.
- Any person who is a licensed owner of a dog or any person who keeps, feeds or harbors a dog for over one week. The owner need not be a resident of the Town of Mount Pleasant, but, for a violation to occur, the dog must be in the Town limits of the Town of Mount Pleasant.
- Any natural individual, two or more individuals living in the same household, firm, trust, partnership, association or corporation, in his or its own capacity or as an administrator, executor, trustee, receiver or other representative capacity appointed by a court.
The owner of every dog which is at any time kept, brought or comes into the Town of Mount Pleasant will be held responsible for the strict observance by such animal and with respect to such animal of all the rules and regulations contained in this chapter at all times when such dog is within the Town.
The owner of every female dog shall effectively confine such dog in or on the premises of the owner or person harboring the dog during every period in which said female dog is in heat.
No dog shall be off the premises of its owner or person harboring said dog unless it is on a leash of not more than six feet in length or under the visual and voice control of its owner or a responsible person able to control the dog and the dog is responsive to such visual and voice control.
No dog shall be permitted to be in any park or playground even if leashed or controlled, except when specific permission is given by the Recreation Director in connection with program or activity sponsored or permitted by the Town Recreation Department.
All dogs shall be confined upon or in the premises of the owner or person harboring said dog between the hours of 10:00 p.m. and 7:00 a.m. prevailing time, unless the dog is under the effective control of a responsible person as set forth in § 83-6 of this chapter.
No dogs confined under the provisions of §§ 83-5 and 83-7 of this chapter shall be allowed to bark for an unreasonable length of time, and it shall be unlawful for a person to allow a dog to:
Engage in habitual loud howling or barking or to conduct itself in such manner so as to habitually annoy any person other than the owner or person harboring such dog.
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such a dog.
Chase or otherwise harass any person in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
Habitually chase or bark at motor vehicles.
Any dog at large which does not display any current dog license or other means of identification or which fails to exhibit any evidence of having had administered to it a rabies vaccination shall be considered an abandoned dog and may be summarily impounded by the Dog Warden.
The Town Board of the Town of Mount Pleasant shall designate a suitable means of seizure and place of detention for dogs which are in violation of the provisions of this chapter.
Every dog seized shall be properly fed and cared for at the expense of the Town of Mount Pleasant until such dog is either redeemed or disposed of.
Every dog seized shall be treated in a humane manner.
If the dog seized bears a license tag, the Dog Warden shall ascertain the owner of the dog and shall give immediate telephone notice, if possible, followed by a written notice to such owner by personally serving such owner, or an adult member of his family, addressed to his last known address or the address set forth in the application for the dog's license, with the written notice stating that the dog has been seized and will be destroyed unless redeemed as provided in § 83-11 of this chapter.
The owner of a dog seized and impounded as provided in §§ 83-9 and 83-10 of this chapter may redeem said dog. within seven days, by paying the Dog Warden or the Town Clerk of the Town of Mount Pleasant a sum as set forth in Chapter A224, Fees, plus paying the reasonable cost of boarding such animal, to be paid at the place of impounding.
[Amended 3-13-2001 by L.L. No. 1-2001]
If an impounded dog is not redeemed within seven days, the owner thereof shall forfeit all title to the dog, and the dog shall be disposed of in a humane manner in accordance with the laws of the State of New York.
The following fines and other penalties are hereby imposed, in addition to the punishments imposed by any general statutes, on every person convicted of violating any of the requirements or other provisions of this chapter:
The owner, harborer or possessor of any dog destroyed under the provisions of this chapter shall not be entitled to any compensation, and no action shall be maintainable thereafter to recover the value of the dog.
Immediately after a second substantiated instance of personal injury or injury to another animal, the offending dog shall, by order of the Town Justice, be permanently confined to the premises of its owner unless leashed. If the owner of said dog fails to comply with the confinement order, the Town Justice shall then order said dog destroyed in a humane manner in accordance with the laws of the State of New York.
The provisions of this section are in addition to and not in limitation of the provisions of the Agriculture and Markets Law concerning dangerous dogs.
This chapter shall be administered by a Dog Warden appointed pursuant to the Agriculture and Markets Law or, in lieu thereof, by any incorporated society for the prevention of cruelty to animals or similar incorporated dog protective association with whom the Town of Mount Pleasant shall have contracted pursuant to the Agriculture and Markets Law. Any such Dog Warden appointed by the Town of Mount Pleasant shall have the powers and perquisites of a peace officer of the Town of Mount Pleasant.
Except as provided in the Zoning Ordinance, no person shall keep more than four dogs of licensing age, as defined by the New York Agriculture and Markets Law, within the unincorporated limits of the Town of Mount Pleasant.
Any person who observes a dog causing damage or destruction to property of a person other than its owner or committing a nuisance upon the premises of a person other than its owner or who is subjected to habitually loud or annoying barking or who shall be subject to or observe a dog otherwise harassing any person or persons or otherwise acting in violation of this article may file a signed complaint, under oath, with a Town Justice of the Town of Mount Pleasant specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.
The consideration to be paid to a Dog Warden or humane society by the Town of Mount Pleasant shall be a general Town charge.
[Added 10-10-1978; amended 1-6-1981; 3-13-2001 by L.L. No. 1-2001; 12-14-2010 by L.L. No. 3-2010]
All dogs in the Town of Mount Pleasant must be licensed with the Town Clerk by the age of four months and required to present a current certificate of rabies 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 A224, Fees, of this Code. It shall include a state assessment pursuant to § 110, Subdivision 3, of the New York State Agriculture and Markets Law, and additional funds for enumeration as provided for by § 110, Subdivision 4(a), of the Agriculture and Markets Law.
The fee for an unspayed or unneutered dog shall be as set forth in Chapter A224, Fees, of this Code. It shall include a state assessment pursuant to § 110, Subdivision 3 of the New York State Agriculture and Markets Law, and additional funds for enumeration as provided for by § 110, Subdivision 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 Mount Pleasant 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 Mount Pleasant 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, Subdivision 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 Mount Pleasant 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 Mount Pleasant with the Mount Pleasant 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, shall pay a fee as set forth in Chapter A224, Fees, of this Code.
The purpose of this article shall be to promote the health, safety, cleanliness and general welfare of the Town of Mount Pleasant, including the protection, cleanliness and preservation of the property of the Town of Mount Pleasant and its inhabitants, by adopting and enforcing certain regulations and restrictions on the activities of dogs.
As used in this article, the following terms shall have the meanings indicated:
- A carnivorous domesticated mammal, known as "Canis familiaris," and shall include male as well as female.
Except as provided and regulated by § 83-22 hereof, no person owning, harboring, keeping, walking or having the custody or control of a dog shall cause, permit, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any other public property. These restrictions shall likewise apply to any private property unless such person shall have the express written permission of the owner of said property.
The prohibition set forth in § 83-21 above shall not apply to those portions of a street lying between curblines, which such portions may be utilized to curb a dog, subject however to the following conditions:
Any person who so curbs a dog shall immediately remove all feces deposited by such dog in the following manner: feces shall be picked up with scoop, shovel, broom, tong or other similar implement and be deposited immediately thereafter in a container, plastic or otherwise, and then subsequently deposited in a container used for the disposal of refuse.
In no event shall any feces be deposited in sewers and drains, whether storm or sanitary.
[Amended 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 $100 for a first violation within a twelve-month period; to a fine of $200 for a second violation within a twelve-month period; and to a fine of $300 for a third or subsequent violation within a twelve-month period.
The Dog Control Officer and the Police Department of the Town of Mount Pleasant shall be the enforcement officers of the provisions of this article.
Should a paragraph or section, or portion thereof, of the article be declared by a court of competent jurisdiction to be invalid or unlawful, the same shall not affect the remainder of this article as a whole or any part thereof other than the part so declared to be invalid.