[Adopted 8-25-1982 by L.L. No. 6-1982]
This article shall be cited and may be referred
to hereinafter as the "Dog Control Law of the Town of Ramapo."
It is the intention of the Town Board of the
Town of Ramapo by the adoption of this article to preserve public
peace and good order in the unincorporated areas of the Town of Ramapo
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 Ramapo.
For the purposes of this article, the following
terms shall have the following meanings:
AT LARGE
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 or is a police work dog in use for police work or is
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.
DOG
Any member of the species Canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the Town of Ramapo to assist
in the enforcement of this article.
HARBOR
To provide food or shelter to any dog.
OWNER
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 the 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 article.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
[Amended 12-8-2010 by L.L. No. 6-2010]
A. All dogs
in the Town must be licensed with the Town Clerk by the age of four
months and required to present a current certificate of vaccination
or, in lieu thereof, a statement certified by a licensed veterinarian
stating that, because of old age or another reason, the life of the
dog would be endangered by the administration of vaccine.
B. All dog
licenses shall be for one year and will expire at the end of the month
one year from the date of issue.
C. Fees for
licensing of dogs.
(1) The
fee for a spayed or neutered dog shall be set by the Town Board in
the Standard Schedule of Fees. 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.
(2) The
fee for an unspayed or unneutered dog shall be set by the Town Board
in the Standard Schedule of Fees. 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.
(3) Enumeration
fee. When the Town Board determines the need for a dog enumeration,
a fee set by the Town Board in the Standard Schedule of Fees shall
be assessed to all dogs found unlicensed or renewed at the time enumeration
is conducted.
(4) Purebred
licenses. The Town will not be issuing purebred or kennel licenses.
All dogs will be licensed individually as per the fee system stated
above.
(5) Service
dogs. The Town 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.
(6) Shelters.
The Town of Ramapo does not allow the licensing of dogs by a shelter.
The shelter must notify the adoptive owners of their responsibility
to license any dog who will be living within the Town with the Town
Clerk within 30 days of adoption. Further, the shelter must provide
the Town with a list of adoptive owners monthly.
It shall be unlawful for any owner of a dog
in the unincorporated areas of the Town of Ramapo to permit or allow
such dog to engage in the following enumerated acts:
A. Running at large. It shall be unlawful for any owner
of a dog within the limits of the Town of Ramapo 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 is on a leash or
under the full and immediate control of a person in charge of said
dog.
B. Nuisance. It shall be unlawful for any owner of a
dog in the Town of Ramapo to permit or allow such dog to engage in
habitual loud howling, barking or whining so as to create a public
nuisance or create an unreasonable noise disturbance across real property
boundaries.
C. Dangerous dogs. 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 Ramapo.
(1) If any dog shall attack any person who is peaceably
conducting himself in any place where he may lawfully be, such person
or any other person witnessing the attack may destroy such dog while
so attacking or while being pursued thereafter, and no liability in
damages or otherwise shall be incurred on account of such destruction.
(2) If any dog shall attack, chase or worry any domestic
animal, as defined in § 108 of Article 7 of the Agriculture
and Markets Law of New York State, while such animal is in any place
where it may lawfully be, the owner or caretaker of such domestic
animal or any other person witnessing such attack may, for the purpose
of preventing the killing or injury of such domestic animal, destroy
such dog while so attacking, chasing or worrying or while being pursued
thereafter, and no liability in damages or otherwise shall be incurred
on account of such destruction.
(3) 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 Ramapo. Such officer shall immediately inform the complainant of his right to commence a proceeding as provided in Subsection
C(4) of this section, and if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself.
(4) Any person may, and any Dog Control Officer as provided in Subsection
C(3) hereof shall, 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, hold a hearing on the complaint. If satisfied that the dog is a dangerous dog, the Judge or Justice shall then order the owner or any Dog 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.
(5) Nothing contained herein shall restrict the rights
and powers derived from the provisions of Title IV of Article 21 of
the Public Health Law relating to rabies and any rule and regulation
adopted pursuant thereto.
D. Additional prohibitions.
(1) 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 Town in the performance of any of
the provisions of this article.
(2) Violation of article. It shall be unlawful for any
person to violate any provision of this article whether or not he
has any knowledge of or intends any violation of said article.
Any person aggrieved by any dog, as defined in §
93-3 of this article, may on his or her own motion apply to any court having jurisdiction for all the relief the law provides.
[Amended 2-6-2012 by L.L.
No. 2-2012]
Any person committing an offense against or
violating any section or provision of this article shall, upon conviction,
be punished by a fine not exceeding $25 for the first offense, $50
for the second offense within five years and $100 or imprisonment
for not more than 15 days, or both, for the third and subsequent offenses
within five years.
[Adopted 6-8-1994 by L.L. No. 2-1994]
This article shall be known and may be cited
as the "Waterfowl Law."
Many public lands of the Town of Ramapo are
inhabited by large numbers of waterfowl. Said waterfowl have become
a nuisance to the enjoyment of Town lands, especially Town parkland
and the Spook Rock Golf Course, by some residents of the Town. The
prohibiting of the feeding of waterfowl may result in a reduction
of the waterfowl which inhabit Town property.
No person shall feed any waterfowl on any Town
of Ramapo property except in designated areas as established by the
Town Parks and Recreation Department.
The Police Department of the Town of Ramapo
and/or Code Enforcement Officers of the Town of Ramapo shall have
the power, right and authority to issue an appearance ticket, as the
same is defined in Article 150 of the Criminal Procedure Law of the
State of New York, for the violation of any section of this article.
Any person who violates this article shall be
guilty of a violation and shall be subject to a fine not to exceed
$100 for the first violation and $250 for each subsequent violation.