Town of Wawarsing, NY Chapter 46 Dogs

[HISTORY: Adopted by the Town Board of the Town of Wawarsing as indicated in article histories. Amendments noted where applicable.]

Article I Dog Control

[Adopted 5-2-1974 by L.L. No. 2-1974]

§ 46-1 Prohibited activities.

It shall be unlawful for any owner of or any person harboring any dog in the Town of Wawarsing to permit or allow such dog to:

A. Run at large unless said dog is restrained by an adequate collar and leash or unless accompanied by its owner or a responsible person able to control the animal. For the purposes of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by its owner.

B. Engage in habitual loud howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog.

C. Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog.

D. Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.

E. Habitually chase or bark at motor vehicles.

F. No person owning, harboring, keeping or in charge of any dog, cat, cattle, horse, swine, sheep, goat, or other livestock, fowl, or domestic animal shall cause, suffer, or allow such dog, cat, cattle, horse, swine, sheep, goat, or other livestock, fowl, or domestic animal 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 private property without the permission of the owner of said property. Notwithstanding the foregoing, with respect to dogs only, 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:

[Added 8-17-2017 by L.L. No. 2-2017]

(1) The person who so curbs such dog shall immediately remove all feces deposited by such dog.

(2) The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, and keeping or in charge of any dog curbed by flushing same down a sanitary sewer system or by use of a chemical container causing disintegration. In the event that a chemical container is used, ultimate disposal must be made in accordance with the Department of Environmental Conservation regulations concerning solid waste disposal.

§ 46-2 Female dogs at large.

It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to the premises of such person during such period.

§ 46-3 Seizure of untagged dogs at large.

[Amended 5-7-1987 by L.L. No. 4-1987; 3-2-1989 by L.L. No. 2-1989; 9-4-1987 by L.L. No. 4-1987; 11-1-2001 by L.L. No. 2-2001]

A. Any unlicensed or untagged dog running at large in violation of either § 118 of the New York State Agriculture and Markets Law or this article shall be seized by the Town of Wawarsing Dog Control Officer or other authorized agent of the Town of Wawarsing.

B. Any dog seized pursuant to Subsection A shall be properly fed and cared for until disposed of as follows:

(1) If such dog is not identified, whether licensed or unlicensed, it shall be held for a period of three days from the day seized, during which period the dog may be redeemed by its owner.

(2) If such dog is 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 redemption procedure.

(3) If notification is personally given, such dog shall be held for a period of three days after day of notice, during which period the dog may be redeemed by the owner.

(4) If such notification is made by mail, such dog shall be held for a period of seven days from the date of mailing, during which period the dog may be redeemed by the owner.

C. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized.

D. The owner or owner of record of any dog seized under this article shall be responsible for all fees and charges incurred by the Town of Wawarsing or the Town of Wawarsing Dog Control Officer.

§ 46-4 Enforcement.

[Amended 5-7-1987 by L.L. No. 4-1987; 8-17-2017 by L.L. No. 2-2017]

A Dog Warden and/or Dog Control Officer, to be designated by the Town Board as provided by § 114 of the Agricultural and Markets Law, may enforce provisions of this article and may also investigate and report to a Town Justice of the Town of Wawarsing any dangerous dog as described in § 121 of the Agricultural and Markets Law and see that the order or orders of the Town Justice in such case are carried out.

§ 46-5 Filing of complaints.

[Amended 8-17-2017 by L.L. No. 2-2017]

Any person who observes a dog causing damage; destruction to a property of a person other than its owner; violating any provisions of this article; or committing a nuisance upon the premises of a person other than its owner may file a signed complaint, under oath, with a Town Justice of the Town of Wawarsing, specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.

§ 46-6 Action on complaints.

[Amended 8-17-2017 by L.L. No. 2-2017]

Upon receipt by the Town Justice of the Town of Wawarsing of any complaint, as provided herein, against the conduct of any particular dog, the Town Justice shall summon the alleged owner or other person harboring said dog to appear in person before him; if the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person.

§ 46-7 Penalties for offenses.

[Amended 5-7-1987 by L.L. No. 4-1987]

Any person convicted of a violation of this article and/or § 119 of the Agriculture and Market Laws shall be deemed to have committed a violation and shall be subject to a fine not exceeding $250 or imprisonment for a period not to exceed 15 days.

Article II Dog Licensing and Retrieval

[Adopted 12-16-2010 by L.L. No. 5-2010[1]; amended 3-15-2012 by L.L. No. 2-2012]

[1] Editor’s Note: This local law was originally adopted as Ch. 45, but was renumbered for organizational purposes. It also provided an effective date of 1-1-2011.

§ 46-8 Mandatory licensing.

All dogs within the Town four months of age or older, unless otherwise exempted, shall be licensed. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk, who shall have the exclusive right to issue dog licenses, a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Town. Each license application shall be accompanied by a certificate of spaying or neutering, if applicable, and proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog's life, in which case vaccination shall not be required. Each license issued shall be valid for a period of one year and shall not be transferable.

§ 46-9 Fees.

A. The Town hereby establishes the fee for a dog license issued pursuant to this article at $2.50 for a spayed or neutered dog, if the dog for which the license application is made is spayed or neutered, plus a state-mandated surcharge of $1 for the purpose of carrying out animal population control.

B. The fee for an unsprayed or unneutered dog shall be $7.50, plus a state-mandated surcharge of $3 for the purpose of carrying out animal population control.

C. Excepted from payment of the license fee are applications submitted for a dog license for any guide, hearing, service, war, working search, detection, police and therapy dogs as defined in § 108 of the Agriculture and Markets Law.

D. Such fees shall be reviewed by the Town Board from time to time and may be changed by a resolution of the Town Board.

§ 46-10 Records.

The Town Clerk shall retain a copy of each dog license issued and, upon request, shall make a copy of same available to the Department of Agriculture and Markets.

§ 46-11 Change of status.

In the event of a change of ownership of a dog or a change of address of a dog, or in the event that a dog has been lost or stolen, notification of same shall be given to the Town Clerk, in writing, within 48 hours of said event. Failure to notify the Town Clerk as required herein shall be a violation of this article and subject the owner to punishment pursuant to § 46-18 herein.

§ 46-12 Identification tag.

At a time a dog is first licensed, one identification tag shall be furnished to the owner at no additional charge. Such tag shall be affixed to the dog at all times unless exempted herein. Any replacement tag shall be obtained by the owner from the Town Clerk, at no cost to the owner.

§ 46-13 Purebred license.

There will not be purebred or kennel licenses as previously provided by the state.

§ 46-14 Dog show exception.

A dog participating in a dog show within the Town shall be exempt from the licensing requirement of this article and identification requirement of this article and § 111 of the Agriculture and Markets Law during such participation.

§ 46-15 Dog enumeration surcharge.

Each dog found to be unlicensed during a Town dog enumeration shall subject the owner to a dog enumeration surcharge of $5 payable at the time the application is filed to license said dog.

§ 46-16 Licensing grace period.

Any dog harbored within the Town 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, shall for a period of 30 days be exempt from the licensing requirement of this article.

§ 46-17 Enforcement.

This article may be enforced by the Town Clerk, Town Dog Control Officer, any police officer, or any peace officer, or their designee.

§ 46-18 Fees for retrieval of dogs seized or impounded.

Any dog seized or impounded in accordance with Article 7 of the Agriculture and Markets Law of the State of New York may only be retrieved prior to the expiration of the statutory redemption period; and upon submittal of proof that the dog has been licensed; submittal of proof that the individual seeking to retrieve the dog is the owner; and payment by the owner in the form of cash, money order or bank check of all fees and expenses for the Animal Control Officer, shelter, feeding and veterinary care, together with an impoundment fee of $25 per impoundment. Impoundment fees may be increased by resolution of the Town Board. In the event said fees are paid to a shelter under contract with Town, said fees shall become the property of the Town.

§ 46-19 Penalties for offenses.

A. Any person who violates any provision of this article or knowingly permits the violation of this article or any of its provisions shall be deemed to have committed an offence against this article, and any person convicted of any such violation, after investigation and hearing, shall be liable for a civil penalty of not more than $25, except that:

(1) When the person was found to have violated this article or former similar state statute within the preceding five years, the civil penalty may be not more than $50; and

(2) Where the person was found to have committed two or more such violations within the proceeding five years, the civil penalty may be not more than $100.

B. A defendant charged with a violation of any provision of this article may plead guilty to the charge in open court. He may also summit to the Town Justice having jurisdiction, in person, by a duly authorized agent, or by registered mail, a statement that he waives arraignment in open court and the aid of counsel, that he pleads guilty to the offense charged, that he elects and requests that the charge be disposed of an the civil penalty fixed by the court, of any explanation that he desires to make concerning the offense charged, and that he makes all statements under penalty of perjury. Thereupon the Town Justice may proceed as though the defendant had been convicted upon a plea of guilty in open court; provided, however, that any imposition of civil penalty hereunder shall be deemed tentative until such civil penalty shall have been paid and discharged in full. If upon receipt of the aforesaid statement the Town Justice shall deny the same, he shall thereupon notify the defendant of this fact, and that he is required to appear before the said Town Justice at a stated time and place to answer the charge which shall thereafter be disposed of pursuant to the applicable provisions of law.