A.
It shall be unlawful for any owner of any dog in the Town of Forestburgh
to permit or allow such dog to:
(1)
Run at large unless the dog is retrained by an adequate leash or
unless it is accompanied by its owner or a responsible person able
to control it by command. For the purpose of this article, a dog or
dogs hunting in the company of a hunter or hunters shall be considered
as accompanied by its owner.
(2)
Engage in habitual loud howling, barking, crying or whining or conduct
itself in such a manner so as to unreasonably and habitually disturb
the comfort or repose of any person other than the owner of such dog.
(3)
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or other property not belonging to the owner of such dog.
(4)
Chase, jump upon or at or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury.
(5)
Habitually chase, run alongside of or bark at motor vehicles while
on a public street or highway or upon public or private property other
than the property of the owner or harborer of said dog.
(6)
Create a nuisance by defecating, urinating or digging on public property
or private property other than the property of said owner.
(7)
If a female dog, be off the owner's premises when in heat.
B.
Establishment of the fact or facts that the owner of a dog has allowed
or permitted such dog to commit any of the acts prohibited by this
section of this article shall be presumptive evidence against the
owner or harborer of such dog that he has failed to properly confine,
leash or control his dog.
This article shall be enforced by a Dog Control Officer, as
defined herein.
A.
Only a dog found running at large in violation of this article, or
Article 7 of the Agriculture and Markets Law, may be seized by any
Dog Control Officer, as defined herein, exercising such degree of
force as shall be necessary to effect such seizure without intentionally
injuring or harming such dog, and such dog shall be impounded and
disposed of in accordance with the provisions of Article 7 or other
applicable provisions of the Agriculture and Markets Law.
B.
After any such seizure, the record owner of such dog or an adult
member of his family, if the owner is ascertainable from the dog's
license tag, shall be notified personally or by certified mail, return
receipt requested, by serving such owner or adult with a notice in
writing stating that the dog has been seized and may be euthanized
unless redeemed.
C.
Fees.
[Amended 3-6-2014 by L.L. No. 1-2014]
(1)
A dog owner may redeem his dog from the pound, upon a payment in
any method acceptable to the Town Clerk of a sum as set from time
to time by resolution of the Town Board.
(2)
For every subsequent redemption of a dog that takes place within
one year of the first impoundment, an additional impoundment fee shall
be added to the base fee for each subsequent impoundment so that the
fee shall equal the number of impoundments within one year multiplied
by the base fee.
(3)
If the dog is unlicensed or untagged, the fee shall include the appropriate
impoundment fee, plus the cost of keeping, feeding and caring for
the dog while in the custody of the Dog Control Officer, appropriate
license for the dog, rabies certification, and all other appropriate
fees.
D.
No action shall be maintained against the Town of Forestburgh or
any duly designated Dog Control Officer or any other agent or officer
of the Town to recover the possession or value of any dog or for damages
for injury or compensation for the destruction of any dog seized or
euthanized pursuant to the provisions of this article.[1]
[1]
Editor's Note: Former Subsection E, regarding holding of dogs
for purpose of redemption by owner, which immediately followed, was
repealed 11-3-2022 by L.L. No. 3-2022.
A.
Any person who observes a dog in violation of this article may file
a complaint under oath with a Town Justice specifying the nature of
the violation, the date thereof, a description of the dog and the
name and residence, if known, of the owner of the dog.
B.
Upon receipt by the Town Justice of any such complaint, he shall
summon the alleged owner to appear in person before him for a hearing
at which both the complainant and the owner shall have an opportunity
to be represented by counsel and to present evidence. If, after such
hearing, the Town Justice decides that further action is warranted,
he may order:
A.
Violations of any provision of this article shall be punishable as
follows:
(1)
For a first violation: by a fine of not more than $25.
(2)
Where the person was found to have violated this article within the
preceding five years: by a fine of not more than $50.
(3)
Where the person was found to have committed two or more such violations
within the preceding five years: by a fine of not more than $100 or
imprisonment for not more than 15 days, or both.
B.
These penalties may be recovered in a civil action in the name of
such Town, as follows:
(1)
For a first violation: by a civil penalty of not more than $25.
(2)
Where the person was found to have violated this article within the
preceding five years: by a civil penalty of not more than $50.
(3)
Where the person was found to have committed two or more such violations
within the preceding five years: by a civil penalty of not more than
$100.
