Town of Haverstraw, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Haverstraw 3-25-1991 as L.L. No. 1-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Dog licensing — See Ch. 73.
[1]
Editor's Note: The title of this chapter was changed from "Dogs" to "Dogs and Other Animals" 5-23-2016 by L.L. No. 1-2016.

§ 72-1 Dogs at large prohibited.

It shall be unlawful for any person owning, boarding, harboring or otherwise keeping or having in his or her custody a dog within the limits of the Town of Haverstraw 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 with the knowledge and consent of such other person, unless said dog, when accompanied by the owner or other person on a public street, road or highway in the Town of Haverstraw, is on a leash or under the full and immediate control of the person in charge.

§ 72-2 Impoundment of dogs at large.

A. 
The duly appointed Dog Control Officer or Assistant Dog Control Officer(s) or any peace officer shall seize and confine any unlicensed dog found at large in violation of this chapter. The Dog Control Officer or Assistant Dog Control Officer(s) or peace officer shall deliver such dog to a pound or shelter or to the Society for the Prevention of Cruelty to Animals and notify the Haverstraw Town Clerk of the identity of the owner of the dog is the same can be established. If the dog's owner cannot be identified, the dog shall be held and maintained for a period of five days for redemption and thereafter may be placed for adoption or humanely destroyed.
[Amended 7-8-1991 by L.L. No. 3-1991]
B. 
The fact that a dog is without a current dog tag attached to the dog's collar or harness as provided in Article 7 of the Agriculture and Markets Law shall be presumptive evidence that the dog is unlicensed.

§ 72-3 Keeping of swine, poultry, chickens and other birds.

[Added 5-23-2016 by L.L. No. 1-2016]
No person shall keep, cause or allow to be kept on, in or about any premises or property any swine, poultry, fowl, chicks, chickens, geese, pigeons or any other birds, except as hereinafter provided.
A. 
It shall be lawful to keep, for purposes of sale at mercantile establishments, lovebirds, canaries, parakeets and other birds of similar variety where the keeping of such does not constitute a health nuisance.
B. 
It shall be lawful to keep lovebirds, canaries, parakeets and other birds of similar variety as domestic pets where the keeping of such does not constitute a health nuisance.

§ 72-4 Claiming impounded dogs; licensing requirement; penalty for offense; costs of confinement.

Any person claiming a dog from a pound or shelter or the Society for the Prevention of Cruelty to Animals must produce a license for such dog and a receipt for the cost of confinement of said dog. If the dog is not licensed, a license must be obtained and the owner will also be subject to a penalty as provided in the Agriculture and Markets Law. The cost of confinement shall be pursuant to the rates and regulations established by the governing body of the pound.

§ 72-5 Application for relief of grievances.

[Amended 7-8-1991 by L.L. No. 3-1991]
Any person aggrieved by any dog as defined in § 72-1 of this chapter may, on his or her own motion, apply to any Judge for all the relief the law provides.

§ 72-6 Dangerous dogs.

[Amended 7-8-1991 by L.L. No. 3-1991]
The regulation of dangerous dogs shall be as provided in § 121 of the Agriculture and Markets Law.

§ 72-7 Barking or howling.

[Added 5-27-1997 by L.L. No. 8-1997; amended 4-27-1998 by L.L. No. 4-1998]
Any person who shall cause or permit a dog to be either indoors or out-of-doors (whether on the owner's property or otherwise), which such dog shall bark or howl so as to annoy or disturb the peace or rest of any person, shall also be guilty of a violation of this chapter. If such barking or howling dog shall also be at large in violation of this chapter, then such violation shall be separate and distinct, and such violations shall not merge with each other but shall subject a violator to more than one charge and more than one penalty.[1]
[1]
Editor's Note: Former § 12-6B, which allowed presumptive evidence for determining a barking or howling dog and which immediately followed this section, was repealed 7-8-1991 by L.L. No. 3-1991.

§ 72-8 Dog feces.

It shall be a violation of this chapter for any person to allow or permit a dog to defecate on public property or the property of another and not to have removed fecal matter immediately thereafter.

§ 72-9 Interference with officers.

Any person or persons who shall hinder, molest or interfere with any officer or agent of the town in the performance of any of the provisions of this chapter shall be deemed guilty of a violation of this chapter.

§ 72-10 Penalties for offenses.

[Amended 7-8-1991 by L.L. No. 3-1991]
Except as provided in Article 7 of the Agriculture and Markets Law, a violation of this chapter may be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.

§ 72-11 Recovery of possession or value of dog.

No action shall be maintained to recover the possession or value of a dog or for damages for injury or destruction of a dog not wearing a tag attached to a collar as provided in this chapter.

§ 72-12 Enforcement.

[Amended 7-8-1991 by L.L. No. 3-1991]
This chapter shall be enforced by a Dog Control Officer or Assistant Dog Control Officer(s) as shall be appointed by the Town Board to serve at the will of the Board and shall be paid such compensation as duly ordinanced for such services, plus expenses, not exceeding, however, the amounts set forth in the budget therefor. Such Dog Control Officer or Assistant Dog Control Officer(s) 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. Nothing herein shall prevent any village in the town from appointing the Town Dog Control Officer or Assistant Dog Control Officer(s) to act as Village Dog Control Officer and to enforce the law of such village.

§ 72-13 Number to be kept limited.

[Added 8-20-2007 by L.L. No. 5-2007]
It shall be unlawful to keep more than four dogs, six months of age or older, on any lot located in a residential zone, regardless of the number of owners. However, in the case of apartment houses or condominiums, the limit shall apply to each dwelling unit.