[HISTORY: Adopted by the Town Board of the
Town of Stony Point 6-9-1976 by L.L. No. 1-1976; amended in its entirety 11-23-2010 by L.L. No.
1-2010.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This local law also provided for an effective
date of 1-1-2011.
This chapter is adopted to promote the health, safety and welfare
of the residents of the Town of Stony Point and to provide for the
licensing and identification of dogs, the control and protection of
the dog population and the protection of persons, property and domestic
animals from dog attack and damage.
As used in this chapter, the following terms shall have the
meanings indicated:
Any dog that is unleashed and on property open to the public
or is 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 to be at large if it is:
A guide dog actually leading a blind person; a hearing dog actually
leading a hearing-impaired person, a service dog, a working search
dog, a war dog, detection dog or therapy dog as defined under Article
7 of the New York State Agriculture and Markets Law while under the
control of the person needing assistance, and police work dogs utilized
by law enforcement agencies while under the control of law enforcement
for law enforcement purposes.
Accompanied by its owner or other responsible person and is
actively engaged in hunting or training for hunting on unposted land
or on posted land with the permission of the owner of the land.
Any dog, except a police service dog, which:
Without justification attacks a person, companion animal or
farm animal, or domestic animal as defined in the New York State Agriculture
and Markets Law, and causes physical injury or death; or
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
Without justification attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
Any member of the species Canis familiaris.
Any individual appointed by the Town of Stony Point to assist
in the enforcement of this chapter.
To provide food or shelter to any dog.
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
Any person who keeps, harbors or has custody, care or control
of a dog. Dogs owned by minors shall be deemed to be in the custody
and control of parents or other head of household where the minor
resides. Any person harboring a dog for a period of one week shall
be deemed to be the owner of the dog for the purpose of enforcing
this section.
The person in whose name a dog was last licensed pursuant
to this chapter.
A contiguous piece of real property owned by the same person
or persons or by members of the same household.
Any individual, corporation, partnership, association or
other organized group of persons, business entity, municipality or
other legal entity.
A.
Title. This section shall be cited and may be referred to hereinafter
as the "Dog Control Law of the Town of Stony Point."
B.
Legislative intent. It is the intention of the Town Board of the
Town of Stony Point by the adoption of this section to preserve public
peace and good order in the Town of Stony Point and to promote the
public health, safety and welfare of its people by enforcing regulations
and restrictions on the activities of dogs which are consistent with
the rights and privileges of dog owners and the rights and privileges
of other citizens of the Town of Stony Point. It is the intention
of the Town Board to safeguard the health, safety and welfare of Town
residents and the public-at-large by providing for the rabies vaccination,
seizure, disposal, and supervision of animals within the Town of Stony
Point.
C.
Licensing requirements. Each owner of a dog four months of age or
older shall make application for a dog license in accordance with
and pursuant to the provisions of this chapter, unless otherwise exempted.
D.
Prohibitions. It shall be unlawful for any owner of a dog in the
unincorporated areas of the Town of Stony Point to permit or allow
such dog to engage in the following enumerated acts:
(1)
Running at large. It shall be unlawful for any owner of a dog within
the limits of the Town of Stony Point to permit such dog, whether
licensed or not, to be at large elsewhere than on the premises of
the owner, or on the premises of another person without the knowledge
and consent of such other person, unless such dog shall be on a leash
or under the full and immediate control of a person in charge of said
dog.
(2)
Nuisance. It shall be unlawful for any owner of a dog in the Town
of Stony Point to permit or allow such dog to engage in habitual loud
howling, barking or whining so as to create a public nuisance or create
unreasonable noise disturbance across real property boundaries.
(3)
Dangerous dogs.
(a)
It shall be unlawful for any dog owner who knows or has reason
to know of any dangerous and vicious propensities of said dog to permit
the dog to run at large in the Town of Stony Point.
(b)
Any person may make a complaint of an attack upon a person or of an attack, chasing or worrying of a domestic animal to a dog control officer of the Town of Stony Point. Such officer shall immediately inform the complainant of his right to commence a proceeding as provided in § 61-3D(3)(c), and, if there is reason to believe the dog is a dangerous dog, the officer shall be empowered to forthwith commence such proceeding himself.
(c)
Any person may, and any dog control officer may, make a complaint
under oath or affirmation to any Municipal Judge or Justice of such
attack, chasing or worrying. Thereupon, the Judge or Justice shall
immediately determine if there is probable cause to believe the dog
is a dangerous dog and, if so, shall issue an order to any dog control
officer or peace officer, directing such officer to immediately seize
such dog and hold the same pending judicial determination as herein
provided. Whether or not the Judge or Justice finds there is probable
cause for such seizure, he shall, within five days and upon written
notice of not less than two days to the owner of the dog, then order
the owner of any dog, the control officer or peace officer to destroy
the dog immediately or shall order the owner to confine securely such
dog permanently or at such time as otherwise specified in the order.
If the owner fails to destroy or confine the dog as required by such
order, any dog control officer or peace officer shall destroy such
dog on or off the premises of the owner.
(d)
Nothing contained herein shall restrict the rights and powers
derived from the provisions of Title 4 of Article 21 of the Public
Health Law relating to rabies and any rule and regulation adopted
pursuant thereto.
(4)
Additional prohibitions.
(a)
Interference with enforcement officer. It shall be unlawful
for any person or persons to hinder, molest or interfere with any
officer or agent of the Township in the performance of any of the
provisions of this section.
(b)
Violation of section. It shall be unlawful for any person to
violate any provision of this section whether or not he has any knowledge
of or intends any violation of said section.
E.
Impoundment.
(1)
The duly appointed dog control officer or any peace officer shall
seize and impound any dog found at large in violation of this section.
The dog control officer or peace officer shall deliver such dog to
a pound or shelter or the Society for the Prevention of Cruelty to
Animals and notify the Stony Point Town Clerk of the identity of the
owner of the dog if the same can be established. If the dog's
owner can be properly identified, then the dog shall be held and maintained
for a period of 10 days for redemption or, if it cannot be properly
identified, for a period of five days, thereafter it may be held and
offered for adoption for an indefinite period or humanely destroyed
at the discretion of the dog control officer.
(2)
The fact that a dog is without a current dog license tag attached
to the dog's collar or harness as required by the provisions
of this chapter shall be presumptive evidence that the dog is unlicensed.
(3)
Any person claiming a dog from the pound or shelter of the Society
for the Prevention of Cruelty to Animals must produce a license for
such dog and pay the cost of confinement in addition to any other
fees imposed for such impoundment.
No person owning, harboring, keeping or in charge of any dog
shall cause, 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 place where people congregate or walk
or upon any public property whatsoever or upon any private property
without the permission of the owner of said property. The restriction
in this section shall not apply to that portion of the street lying
between the curblines, which shall be used to curb such dog under
the following conditions:
A.
The person who so curbs such dog shall immediately remove all feces
deposited by such dog by any sanitary method approved by the local
health authority.
B.
The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, keeping or in charge
of any dog curbed in accordance with the provisions of this chapter
in a sanitary manner approved by the local health authority.
C.
Any person walking, accompanying or having a dog in his custody,
possession or charge shall have in his possession a device sufficient
to remove feces deposited by such dog.
A.
A local fee of up to $15 may be charged for each dog license issued by the Town Clerk, and said fee in the Town of Stony Point shall be as set forth in the Town fee schedule as adopted by resolution of the Town Board. (See Appendix Chapter A221.) Such charge shall be added to the fee mandated by state law to be collected by the Town Clerk in connection with the issuance of such licenses.
B.
License required.
(1)
Any person owning, possessing or harboring a dog four months of age
or older in the Town of Stony Point shall obtain a current license
for said dog and shall place and keep on such dog a collar to which
shall be securely attached a valid identification tag for that dog,
in accordance with the requirements of this chapter.
(2)
At the time of licensing or renewal, a current, valid certificate,
indicating that the dog has been vaccinated to prevent the spread
of rabies as required herein below, must be provided to the Town Clerk's
Office.
(3)
Term of license and renewals. All licenses issued pursuant to this
chapter, and any renewal thereof, shall expire on the last day of
the month of the period for which they are issued, except that no
license or renewal shall be issued for a period extending beyond the
expiration date of the current rabies certificate for the dog being
licensed. In the event an applicant for a license or renewal presents
a statement certified by a licensed veterinarian, in lieu of a rabies
certificate, then the license or renewal shall be issued for one year
from the date of the statement.
C.
Rabies vaccination required.
(1)
Any person owning, possessing or harboring a dog four months of age
or older in the Town of Stony Point shall be required to have the
dog vaccinated to prevent the spread of rabies.
(2)
Subsection C(1) shall not apply to dogs brought into the Town for a period not to exceed 15 days; dogs confined to the premises of an incorporated society devoted to the care of lost, stray or homeless animals; dogs confined to the premises of public or private hospitals devoted to the treatment of sick animals; dogs confined to the premises of educational or research institutions for the purpose of research; or dogs confined to the premises of a person licensed as a Class A dealer under the Federal Laboratory Animal Welfare Act engaged in the business of breeding or raising dogs for profit.
(3)
Subsection C(1) shall not apply to any dog whose health would be adversely affected by rabies vaccination, provided that a written statement certified by a duly licensed veterinarian, specifying such condition, is presented to and filed with the Town Clerk's Office.
(4)
Any person owning, possessing or harboring a dog who willfully fails
or refuses to submit said dog for vaccination within 10 days after
a request by an animal control officer, peace officer, police officer,
or health officer shall be subject to the penalties provided in this
chapter.
D.
Exemptions.
(1)
No license is required for any dog under the age of four months and
which is not at large, or residing in a pound or shelter maintained
by or under contract by the Town of Stony Point, Rockland County or
the State of New York, or a duly incorporated society for the prevention
of cruelty to animals, or a duly incorporated humane society or duly
incorporated dog protective service.
(2)
No license is required of service dogs as the term is defined in
Article 7 of the Agriculture and Markets Law, or successor law. The
person owning, possessing or harboring such dog bears the burden of
demonstrating to the satisfaction of the Town Clerk that the dog is
a service dog and exempt from licensing.
(3)
No license is required of a dog confined to a public or private hospital
devoted solely to the treatment of sick animals, or confined for the
purposes of research by any college or other educational research
institution.
(4)
The following dogs shall be exempt from the licensing and identification
requirements of this chapter for a period of 30 days: a dog harbored
within the Town of Stony Point which is owned by a resident of New
York City or licensed by the City of New York, or which is owned by
a nonresident of New York State and licensed by a jurisdiction outside
the State of New York. Any person owing or harboring such dog must
present proof of its license in New York City or other jurisdiction
outside New York State.
E.
Application for a license.
(1)
Applications for a license or renewal thereof shall be accompanied by a nonrefundable processing fee as set forth in the Town fee schedule (See Appendix Chapter A221.), which shall not include such additional state fees that the Town Clerk must collect as required by law. An application for a license or renewal shall be in the form prescribed by the Town Clerk and shall provide for the following minimum information:
(a)
The name, residence address and telephone number of each owner;
and
(b)
The name, sex, approximate age, breed, color, markings and other
identifying details of the dog; and
(c)
State whether the dog has been spayed or neutered; and
(d)
Such other information or documentation deemed necessary by
the Town Clerk to effectuate the purpose of this chapter.
(2)
Rabies certification. The application for a license or renewal shall
be accompanied by a statement certified by a licensed veterinarian
showing that the dog has received the rabies vaccine; or, in lieu
thereof, a statement certified by a licensed veterinarian that because
of the dog's age or other reason, the life of the dog would be
endangered by the administration of the vaccine.
(3)
In the case of an altered dog, every application shall be accompanied
by a certificate signed by a licensed veterinarian or a sworn affidavit
signed by the owner in the form acceptable to the Town Clerk showing
that the dog has been spayed or neutered, except that such certificate
or affidavit is not required if same is already on file with the Town
Clerk. In lieu of the spay or neuter certificate, an owner may present
a statement certified by a licensed veterinarian stating that he or
she has examined the dog and found that because of old age or other
reason the life of the dog would be endangered by spaying or neutering.
In such case, the license fee for the dog shall be the same as an
altered dog.
(4)
An individual under the age of 18 years shall not be deemed an owner
of record and shall not be issued a dog license.
F.
Issuance of license; identification tag.
(1)
Upon validation by the Town Clerk or authorized dog control officer,
a dog license shall be issued and a record of its issuance retained
in the office of the Town Clerk. Such record shall be made available
upon request to the State Commissioner of Agriculture and Markets,
or successor thereof.
(2)
No licensee shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately notify the Town and apply
for a new license for the dog. A license cannot be transferred to
another dog.
(3)
Identification tag.
(a)
The Town Clerk shall assign an identification number to a dog
when it is first licensed. Such identification number shall be carried
by the dog on an identification tag which shall be affixed to the
collar of the dog at all times, except that the tag is not required
to be worn while the dog is participating in a dog show.
(b)
No tag carrying an identification number shall be affixed to
the collar of any dog other than the one to which the number has been
assigned
(c)
Any person wishing to replace a tag previously issued shall
pay the sum of $3 to the Town Clerk for a replacement tag.
G.
Change of ownership; lost or stolen dog; death.
(1)
Change in owner or address. In the event of a change in ownership
of any dog which has been licensed pursuant to this chapter or change
of address of the owner of record of any dog, the owner of record
shall, within 10 days of the change, file with the Town Clerk a written
notification of such change. Such owner of record shall be liable
for any violation of this chapter until such filing is made or until
the dog is licensed in the name of the new owner.
(2)
Lost or stolen dog. If any dog which has been licensed is lost or
stolen, the owner of record shall, within 10 days of discovery of
such loss or theft, file with the Town Clerk a written notification
of such event. In the case of loss or theft, the owner of record shall
not be liable for any violation of this chapter committed after such
notification has been made.
(3)
Death of dog. In case of the death of a licensed dog, the owner of
record shall notify the Town Clerk of the dog's death either
before or upon receipt of a renewal notice from the Town Clerk.
Any violation of this chapter shall be punishable as follows:
A.
This chapter shall be enforced by a dog control officer, the Stony
Point Police Department or anyone else who shall be appointed by the
Town Board to serve at the will of the Town Board and shall be paid
such compensation as duly fixed for such services plus expenses, not
exceeding, however, the amounts set forth in the budget therefor.
Such dog control officer shall have all the powers of a constable
or other peace officer in enforcing this chapter and the applicable
provisions of the Agriculture and Markets Law.
B.
The Town Board may also enforce obedience to this chapter by injunction.
