[Adopted 12-9-1996 by L.L. No. 3-1996;
amended in its entirety 12-13-2010 by L.L. No. 5-2010]
[Adopted 5-10-1999 by L.L. No. 1-1999]
This article shall be known as the "Town of
Naples Dog Control Law."
[Amended 2-5-2019 by L.L.
No. 1-2019]
The Town Board of the Town of Naples finds that the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs has created a risk of physical harm to persons, damage to property
and nuisances within the Town. The purpose and intent of this article
is to preserve the public peace and good order to the Town and Village
of Naples and to contribute to the public welfare, preservation and
protection of the property and the person of the inhabitants of said
Town by declaring and enforcing certain regulations and restrictions
on activities of dogs and owners of dogs within the Town.
[Amended 7-14-2008 by L.L. No. 1-2008; 2-5-2019 by L.L. No. 1-2019]
No person being the owner, agent or harborer of any dog shall
permit or allow such dog, within the Town of Naples, including the
Village of Naples, to:
A. Run at large, unless on the dog owner's property or, if off
the owner's premises, accompanied by its owner or a responsible
person with the capacity to control the dog. For the purpose of this
article, a dog or dogs hunting in company with a hunter or hunters
shall be considered as being accompanied by the owner.
B. Engage in howling or barking, in such manner as to make unreasonable
noise and thereby disturb the public peace, causing public inconvenience,
public annoyance or public alarm.
C. Cause damage or destruction to property or commit a nuisance upon
the premises of a person other than the owner or person harboring
the dog.
D. Bite, chase or otherwise harass any person in such a manner as would
reasonably cause intimidation or put such person in reasonable apprehension
of bodily harm or injury.
E. Habitually chase, run alongside of or bark at motor vehicles, motorcycles
or bicycles while on a public street, highway or place, or upon private
property without the consent or approval of the owner of such property.
[Amended 7-14-2008 by L.L. No. 1-2008; 2-5-2019 by L.L. No. 1-2019]
The Dog Control Officer of the Town of Naples, the Constable
of the Town of Naples and/or any peace officer or police officer employed
by an agency having jurisdiction within the Town and Village of Naples
shall have the authority to enforce the provisions of this article
and may also investigate and file complaints with the Town Justice
of the Town of Naples with respect to any dangerous dog, as defined
in § 121 of the Agriculture and Markets Law of the State
of New York.
[Amended 2-5-2019 by L.L.
No. 1-2019]
Any person so authorized pursuant to Article 7 of the Agriculture
and Markets Law of the State of New York may seize any dog found at
large within the Town and/or Village of Naples.
Any person who observes a dog causing damage
or destruction to property of a person other than its owner, committing
a nuisance upon the premises of a person other than its owner, or
otherwise violating the provisions hereof may file a signed complaint
with the Dog Control Officer of the Town of Naples specifying the
objectionable conduct of the dog, the date thereof, the damage caused
or violation, a description of the dog, and name and residence, if
known, of the owner or other person harboring said dog. Such complaint
may serve as the basis for enforcing the provisions of this article
by the Dog Control Officer.
[Amended 7-14-2008 by L.L. No. 1-2008]
Any violation of the provisions hereof shall
be subject to prosecution pursuant to the Criminal Procedure Law of
the State of New York and is designated as a “violation”
as defined by § 10.00.3 of the Penal Law of the State of
New York.
[Amended 7-12-1999 by L.L. No. 3-1999]
A. Every dog seized shall be properly fed and cared for
until disposition thereof as herein provided and in accordance with
the applicable provisions of the Agriculture and Markets Law of the
State of New York.
B. If the dog so seized bears a license tag, the Dog
Control Officer shall ascertain the owner of the dog and shall give
immediate notice by personally serving such owner, or an adult member
of his family, with a notice in writing stating that the dog has been
seized and will be disposed of pursuant to law unless redeemed as
herein provided.
C. The owner of the dog so seized may redeem the dog
within the time limits specified by § 118 of the Agriculture
and Markets Law of the State of New York by paying the prescribed
impoundment fees.
D. If not so redeemed, the owner shall forfeit all title
to the dog, and the dog shall be made available for adoption or, if
not adopted, euthanized in accordance with law.
[Amended 7-12-1999 by L.L. No. 3-1999]
A. A violation of this article shall constitute a "violation"
as defined in the Penal Law of the State of New York and shall be
punishable by a fine not exceeding $250 or by a sentence of imprisonment
not exceeding 15 days, or by both such fine and imprisonment.
B. In the event of a continuous or ongoing circumstance
which constitutes a violation of this article, each day that such
circumstance continues or is ongoing shall constitute a separate offense
of this article and may be penalized as a separate offense.
C. The seizure of a dog shall not relieve any person
from prosecution pursuant to this article.