[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.
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.
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.
[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.
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.
[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.
[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.
[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.
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.
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.
[Amended 7-8-1991 by L.L. No. 3-1991; 1-8-2018 by L.L. No. 1-2018]
Except as provided in Article 7 of the Agriculture
and Markets Law, a first 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. A second violation may be punishable by a fine of
not more than $500 or by imprisonment for not more than 15 days, or
both. A third or further violation may be punishable by a fine of
not more than $1,000 or by imprisonment for not more than 30 days,
or both.
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.
[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.
[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.
