Effective January 1, 2011, the State of New York relinquishes
the responsibility of dog licensing function to local municipalities
and eliminates the Animal Population Control Fund and, accordingly,
local municipalities, including the Town of Poestenkill, will now
be required to adopt legislation relating to this issue. The Town
Board of the Town of Poestenkill finds that the running at large and
other uncontrolled behavior of licensed and unlicensed dogs has caused
physical harm to persons and damage to property and has created nuisances
within the Town. The purpose of this chapter is to provide for the
licensing and identification of dogs; the control and protection of
the dog population; the protection of persons, property, domestic
animals and deer from dog attack and damage; and the preservation
and protection of the public health, safety and welfare by enforcing
regulations and restrictions on the activities of dogs that are consistent
with both the rights and privileges of dog owners as well as the rights
and privileges of other citizens of the Town of Poestenkill.
This chapter is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York, as amended by Part T of Chapter 59 of the
Laws of 2010, and as may be subsequently amended and supplemented.
This chapter shall be known and may be cited as the "Dog Control
and Licensing Law of the Town of Poestenkill."
All words, terms or phrases used herein shall have the meanings
indicated below or as defined in the Agriculture and Markets Law.
If no specific definition is set forth, all words shall have their
usual and customary meaning in the English language. Words used in
the present tense include the future, and the plural includes the
singular. The word "shall" is intended to be mandatory.
CLERK
The Town Clerk or Deputy Town Clerk of the Town of Poestenkill
or his, her or their agent.
DANGEROUS DOG
Any dog which: i) without justification, attacks a person,
companion animal as defined in Subdivision 5 of § 350 of
the Agriculture and Markets Law, farm animal as defined in Subdivision
4 of § 350 of the Agriculture and Markets Law or domestic
animal as defined in Subdivision 7 of § 108 of the Agriculture
and Markets Law, and causes physical injury or death; or ii) behaves
in a manner which a reasonable person would believe poses a serious
and unjustified imminent threat of serious physical injury or death
to one or more persons, companion animals, farm animals or domestic
animals; or iii) without justification, attacks a service dog, guide
dog or hearing dog and causes physical injury or death. "Dangerous
dog" does not include a police work dog, as defined herein, which
acts in the manner described in this definition while such police
work dog is being used to assist one or more law enforcement officers
in the performance of their official duties.
DETECTION DOG
Any dog that is trained and is actually used for or is undergoing
training to be used for the purpose of detecting controlled substances,
explosives, ignitable fluids, firearms, cadavers or school or correctional
facility contraband.
DOG
Any male or female, licensed or unlicensed, member of the
species canis familiaris.
EUTHANIZE
To bring about death by a humane method.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
that is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred.
HARBOR
To provide food or shelter to any dog.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment
and that is actually used for such purpose, or any dog owned by a
recognized training center located within the State of New York during
the period such dog is being trained or bred for such training.
IDENTIFICATION TAG
A tag which sets forth an identification number as required
by the provisions set forth in this chapter.
KENNEL
Any of the various categories of kennel as defined in the Land Use Regulations of the Town of Poestenkill, Rensselaer County, New York (Chapter
150 of the Code of the Town of Poestenkill).
OWNER
The person entitled to claim lawful custody and possession
of a dog who is responsible for purchasing the license for such dog
unless the dog is or has been lost, and such loss was promptly reported
to the Town Clerk and/or the Dog Control Officer and a reasonable
search has been made. If a dog is not licensed, the term "owner" shall
designate and cover any person or persons, firm, association, or corporation,
who or which at anytime owns or has custody or control of, harbors,
or is otherwise responsible for any dog which is kept in, brought
into or comes within the Town. Any person owning or harboring a dog
for a period of one week prior to the filing of any complaint charging
a violation of this chapter shall be held and deemed to be "owner"
of such dog for the purpose of this chapter. In the event that the
owner of any dog found to be in violation of this chapter shall be
under 18 years of age, the head of the household in which said minor
resides shall be deemed to have custody and control of said dog and
shall be responsible for any acts of the said dog in violation of
this chapter.
PERSON WITH A DISABILITY
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the New York State Executive Law
POLICE WORK DOG
Any dog owned or harbored by any municipal police department
or any state or federal law enforcement agency, which dog has been
trained to aid law enforcement officers and is actually being used
for police work purposes.
RUN AT LARGE
When applied to a dog, to be off the premises of the dog's
owner and in a public place or on private lands of another without
the knowledge, consent and approval of the owner of such lands.
SERVICE DOG
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
SHELTER
In general, any facility maintained by or under contract
or agreement with the state or any county, city, town or village.
Where the context makes it clear that the intended reference is to
the Town's own shelter, that facility with which the Town has
contracted for the providing of municipal dog shelter services pursuant
to Article 7 of the Agriculture and Markets Law of the State of New
York and/or this chapter.
TOWN
The Town of Poestenkill.
TOWN BOARD
The Town Board of the Town of Poestenkill.
WAR DOG
Any dog which has been honorably discharged from the United
States armed services.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons and that is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
It shall also be an offense, punishable as hereinafter set forth,
for:
A. Any owner to fail to license a dog.
B. Any owner to fail to have any dog identified as required by this
chapter.
C. Any person to knowingly affix to any dog any false or improper identification
tag or special identification tag for identifying guide, service or
hearing dogs.
D. Any owner to fail to keep rabies vaccination current for any dog
over four months of age, unless the owner provides a statement certified
by a licensed veterinarian stating that, because of age or other reason,
the life of the dog would be endangered by the administration of vaccine.
A violation of any provision of this chapter shall be an offense punishable, upon conviction thereof, by a fine as provided in §
108-16B of this chapter. Each separate offense shall constitute an additional violation. Said fine shall be in addition to any applicable shelter and veterinary care costs, vaccination fees, license fees and/or any seizure and impoundment fees, as provided for in §
108-14 of this chapter.
Any Town Justice of the Town of Poestenkill shall have jurisdiction
to hear all complaints under this chapter as well as jurisdiction
of all actions and proceedings hereunder and of all prosecutions for
violation of this chapter.
When acting pursuant to his or her duties, the Dog Control Officer
shall make and maintain a complete record of any seizure and subsequent
disposition of any dog. Such record shall include, but not necessarily
be limited to, a description of the dog, the date and time of seizure,
the municipal identification number of the dog (if any), the location
where seized, the reason for the seizure and the owner's name and
address, if known. A copy of such record shall be provided to the
shelter, which may add thereto any information relative to the disposition
of the dog and provide such record and additional information to the
Clerk.