[Adopted 11-6-1995 by L.L. No. 7-1995]
This article shall be known as the "Dog Control Ordinance of the Town of Newburgh" and shall apply to the entire Town of Newburgh.
The purpose of this article is to preserve the public peace and tranquility in the Town of Newburgh and to adopt and enforce certain regulations and restrictions on the activities of dogs and owners of dogs for the preservation and protection of the property and the persons and inhabitants of the Town of Newburgh.
As used in this article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- The delivery to any natural person, 18 years of age or older,
for the purpose of harboring a dog, seized or surrendered, from the
Town's animal shelter.[Added 11-15-2010 by L.L. No. 9-2010]
- ANIMAL CONTROL OFFICER
- A person or persons appointed by the Town of Newburgh for the purposes of enforcing this article and Article 7 of the Agricultural and Markets Law of New York State.
- AT LARGE
- Any unleashed dog off the premises of the owner and on property open to the public or on private property not owned or leased by the owner of the dog, unless permission for such presence has been obtained. No dog shall be deemed "at large" if it is:
- The Town Clerk, or Deputy Town Clerk, of the Town of Newburgh,
where licenses are to be validated or issued.[Added 11-15-2010 by L.L. No. 9-2010]
- DANGEROUS DOG
- Includes any dog which, at any time, bites, attacks, chases or snaps at or otherwise threatens to attack any person who is peaceably conducting himself/herself or attacks and wounds a domestic animal in any place where such person or animal may lawfully be.
- DETECTION DOG
- Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.[Added 11-15-2010 by L.L. No. 9-2010]
- Both male and female dogs and shall include the singular and plural.
- An enclosed shelter that provides protection from the elements for a dog.
- DOG SHELTER
- An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
- GUARD DOG
- Any dog trained or used (solely) for the purpose of protection of people, premises and/or business.
- GUIDE DOG
- Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred.[Added 11-15-2010 by L.L. No. 9-2010]
- To provide food or shelter to any dog.
- HEARING DOG
- Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the State of New York during the period
such dog is being trained or bred for such training.[Added 11-15-2010 by L.L. No. 9-2010]
- IDENTIFICATION TAG
- A tag which sets forth an identification number, as required
by the provisions set forth in this article.[Added 11-15-2010 by L.L. No. 9-2010]
- Restrained by a leash attached to a collar or harness of sufficient strength to restrain the dog and which shall be held by a person having the ability to control the dog.
- Any person having a right of property in, harboring or keeping a dog.
- PERSON WITH DISABILITY
- Any person with a disability as that term is defined in Subdivision
22 of § 292 of the New York State Executive Law.[Added 11-15-2010 by L.L. No. 9-2010]
- POLICE WORK DOG
- Any dog owned or harbored by any municipal police department
or any state or federal law-enforcement agency, which has been trained
to aid law enforcement officers and is actually being used for police
work purposes.[Added 11-15-2010 by L.L. No. 9-2010]
- SERVICE DOG
- Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.[Added 11-15-2010 by L.L. No. 9-2010]
- THERAPY DOG
- Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the State of New York
during the period such dog is being trained or bred for such purpose.[Added 11-15-2010 by L.L. No. 9-2010]
- The Town of Newburgh.[Added 11-15-2010 by L.L. No. 9-2010]
- WAR DOG
- Any dog which has been honorably discharged from the United
States Armed Services.[Added 11-15-2010 by L.L. No. 9-2010]
- WORKING SEARCH DOG
- Any dog that is trained to aid in the search for missing
persons and is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.[Added 11-15-2010 by L.L. No. 9-2010]
It shall be a violation of this article for any owner of any dog to permit or allow such dog to:
Run at large in any street, public park or public place unless restrained by a chain or leash not exceeding six feet in length and in charge and under the control of a responsible person. Any dog not so restrained found off the owner's premises shall be seized by the Animal Control Officer. Proof that a dog has been in a public park or public street unleashed will be prima facie evidence of a violation of this article by the person owning or harboring said dog. Any dog restrained by a chain or a leash not in control of a person shall be restrained by said leash or chain so as to not go nearer than 15 feet from any perimeter property line of the owner. Any dog not so restrained on the owner's premises or found off the owner's premises shall be subject to seizure by the Animal Control Officer.
[Amended 9-15-1997 by L.L. No. 6-1997]
Engage in habitual loud howling, barking, whining or cause disturbing noises or to conduct itself in such a manner as to habitually annoy any person other than the owner or harborer of the dog. In the event that the barking or disturbing noise continues for a period of 15 minutes in a continuous or substantially continuous manner, the owner of the dog or the individual harboring said dog shall be subject to a fine or penalty as hereinafter set forth.
Cause damage or destruction to property of a person other than the owner of such dog or commit a nuisance by defecating or urinating upon the premises of a person other than the owner or harborer of the dog.
Bite, chase, jump upon or otherwise harass any person in such a manner as to cause intimidation, whether restrained by a leash or otherwise or to put such a person in reasonable apprehension of bodily harm or injury.
[Amended 9-15-1997 by L.L. No. 6-1997]
Habitually chase, leap on or otherwise harass bicycles or motor vehicles.
Kill or injure any dog, cat or other household pet.
Be over six months of age and not vaccinated against the rabies virus.
Persons or corporations owning a guard or watch dog must post on all gates and entrances to the property and post in other conspicuous places signs which specifically state that there is a guard or watch dog on the premises.
It shall be a violation of this article for any owner of any dog to permit or allow the premises, structures or enclosures in which such dog is kept to be unclean or unsanitary.
Dogs that are kept out-of-doors shall be provided with an enclosed shelter or doghouse constructed of wood and having three sides, a floor and a roof. The front of the doghouse shall be constructed with an opening of sufficient size as to allow the dog to enter but shall not be completely open. During the winter months, said doghouse shall be provided with hay or other material, to be placed inside said doghouse, which material shall be replaced as needed. A doghouse shall be provided for each dog that is at the dog owner's residence.
No puppy under the age of six months shall be kept outside during the winter months on a permanent basis.
No person shall breed or attempt to breed or aid or abet the breeding of any dog in any public place within the Town or any place within the Town not entirely enclosed and completely screened from observation within the enclosure. Any female dog that is in season (heat) shall not be left outside unattended unless said dog is kept in an enclosed kennel so as to prevent said dog from becoming loose and also to prevent any male dog from harassing said female dog while in season.
No dog or any other animal shall be left completely enclosed in a parked vehicle without adequate ventilation or in such a way as to subject the animal to temperatures sufficiently above the surrounding atmosphere which would affect the animal's health and welfare. If any such animal is deemed to be in distress, it may be removed from said vehicle to prevent further risk to its health.
No dog or any other animal shall be transported on any public thoroughfare in any external part of any automobile or truck unless such dog or animal is totally enclosed within such vehicle, within a secured container carried upon the vehicle or securely cross-tethered to such vehicle in such a way as to prevent falling out of or off such vehicle and to prevent injury to the animal. No dog or any animal shall be transported in the trunk of any vehicle.
Any person owning a dog that has been found to be dangerous by a Town Justice under § 121 of the Agriculture and Markets Laws of New York State and ordered by the court to be confined shall adhere to the following restrictions unless otherwise ordered by the court. Failure to adhere to these restrictions will result in said dog being seized whether on or off the owner's property and euthanized and buried by a local veterinarian at the dog owner's expense.
Said dangerous dog, when outside of the owner's dwelling, shall be securely confined within an enclosed structure no smaller than 6 feet by 6 feet by 12 feet. Said structure will be enclosed on four sides and top. The floor area of said enclosure shall be concrete or other type of material so as to prevent the dog from escaping by digging out, etc. The door, gate or other means of entry or egress shall be provided with a lock or other device which cannot be opened by the dog. In addition to preventing the dog from escaping, the enclosure must prevent children or adults, other than owner of said dog, from gaining entry.
The yard, house or apartment in which the dangerous dog is confined or housed shall be posted (tagged) with a conspicuous notice(s) or sign(s) using the words "Beware of Dog" that warns the public of the nature of the animal which is confined. The sign shall be displayed on the front and rear of the property and at a side gate(s) or entrance(s). A similar sign should be posted or adjacent to the front door. The lettering of the prominent and conspicuous warning or notice should be at least two inches in height.
Said dangerous dog, when outside the owner's dwelling or confinement, shall be led by a chain or leash not exceeding six feet in length and under the control of a responsible person capable of controlling said dog.
Said dangerous dog shall be muzzled when off the owner's property.
The owner of said dangerous dog shall enroll said dog in an obedience course. The dog must complete such course within 30 days of the court's order. A certificate shall be presented to the Town of Newburgh upon completion of said obedience course.
The owner of said dangerous dog shall notify the Town of Newburgh Animal Control Department immediately in the event that said dog escapes, bites another animal and/or human, dies or has a change of address.
Said dangerous dog shall be spayed or neutered within 30 days of the court's order, and proof of the same must be presented to the Town of Newburgh Animal Control Department.
Editor's Note: Former § 56-7, Licensing of dogs; tags, as amended, was repealed 11-15-2010 by L.L. No. 9-2010.
Any such dog which shall be in or upon any public street, avenue, road or highway or in any public place or which shall run at large in said Town in violation of this article may be taken into custody and impounded and thereafter redeemed, adopted or destroyed in accordance with the procedure set forth.
After any such seizure and impounding, the owner of such animal, if known, may be notified thereof. Such dog so seized and impounded shall be held for a period of from five to 10 days. The owner of said dog may redeem the dog by producing a license for such dog and by paying a redemption fee as established by Chapter 104, Fees, and all costs incurred by the Town for the seizure and impounding of such dog while in custody. Upon the seizure of an 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. If notification is personally given, 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. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner.
[Amended 11-6-1995 by L.L. No. 7-1995]
If any dog impounded is not redeemed as provided in this section, any licensed veterinarian designated for the purpose may euthanize such dog.
If said unidentified dog is not redeemed by its owner after five days, said dog may be available for adoption by any responsible or proper person upon purchase of a dog license and payment of adoption fees as established by Chapter 104, Fees. If said identified dog is not redeemed by its owner after the specified period, said dog may be available for adoption by any responsible or proper person upon purchase of a dog license and payment of adoption fees.
For all male and female dogs that are adopted, the owner must furnish proof from a veterinarian to the Animal Control Department that the male or female dog will have been spayed or neutered within three months or by the sixth-month birthday, whichever comes first, following release and delivery. Failure to comply will result in said dog being seized by the Town of Newburgh Animal Control Department, and title of ownership will be forfeited and the dog will become the property of the Town of Newburgh Animal Control Department, to either adopt or euthanize.
Any person who violates this article or knowingly permits the violation of this article or any of its provisions or who shall molest, obstruct or interfere with the Animal Control Officer while engaged in the enforcement of this article shall be deemed to have committed an offense against this article, and any person convicted of any such violation shall be liable to the following fines:
No less than $25 nor more than $100 and/or imprisonment for not more than 15 days for the first violation.
No less than $50 nor more than $100 and/or imprisonment for not more than 15 days for a second violation within five years.
No less than $75 nor more than $100 and/or imprisonment for not more than 15 days for the third and subsequent violations within five years.
Any person who observes a dog in violation of this article may file a complaint under oath with the Animal Control Department of the Town of Newburgh 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 such dog. Such complaint may serve as the basis for enforcing the provisions of this article.
Any Animal Control Officer employed by the Town of Newburgh observing a violation of this article in his presence or upon obtaining a written complaint under § 56-10 above may in his or her discretion issue and serve upon such person an appearance ticket for such violation.
[Amended 12-20-2004 by L.L. No. 9-2004]
In case of violation of § 56-5A, B, C or D above and § 119, Subdivision 1(a), of the Agriculture and Markets Law, an order to remedy the violation will be served along with an appearance ticket. The owner of said animal will be given seven days in which to remedy the violation. An additional appearance ticket can be issued after this seven-day period if the violation still exists, and additional appearance tickets can be issued accordingly until the violation is corrected.