This chapter shall be known and may be cited as the "Dog Control
Law of the Town of North Castle."
As used in this chapter, the following words shall have the
following respective meanings:
AT LARGE
A dog is at large when off the property of its harborer,
owner or owner of record, and not under restraint.
DOMESTIC ANIMAL
Any of the following animals: rabbits, cattle, horses, ponies,
mules, donkeys, jackasses, llamas, swine, sheep, goats, dogs, cats
and poultry.
HARBOR
To provide food or shelter to any dog.
HARBORER
A person who, for the owner or owner of record, walks or
provides food or shelter to any dog.
NUISANCE
A dog that:
A.
Damages, soils, defiles or defecates on (unless such waste is
immediately removed and properly disposed of by the dog's harborer,
owner or owner of record) any property other than that of its walker,
owner, owner of record or person harboring the dog; or
B.
Causes unsanitary, dangerous or offensive conditions; or
C.
Causes a disturbance by excessive barking or other noise making;
or
D.
Chases, molests, attacks or interferes with vehicles, persons
or other domestic animals on any property other than that of its walker,
harborer, owner or owner of record.
OWNER
A person having the right of property or custody of a dog,
or who keeps or harbors a dog, or who knowingly permits a dog to remain
on or about any premises occupied by that person. The owner need not
be a resident of the Town of North Castle, but for a violation to
occur the dog must be within the Town limits of the Town of North
Castle.
OWNER OF RECORD
A person in whose name a dog was last licensed, except that,
if any license is issued on application of a person under 18 years
of age, the owner of record shall be deemed to be the parent or guardian
of such person. If it cannot be determined in whose name a dog was
last licensed, the owner shall be deemed the owner of record of such
dog, except that, if the owner is under 18 years of age, the owner
of record shall be deemed to be the parent or guardian of such person.
PERSON
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
UNDER RESTRAINT
A dog which is:
A.
Within the real property limits of its harborer, owner or owner
of record; or
B.
Secured by a leash or lead or well-controlled by a responsible
person.
It shall be unlawful for any owner or owner of record to permit
or allow a dog within the Town of North Castle to be a nuisance, to
wit:
A. Engage in habitual loud howling or barking so as to annoy any person
other than the owner. "Habitual" is defined as howling or barking
continually for 20 minutes or intermittently for 45 minutes and shall
constitute a violation of this section.
B. Cause damage or destruction to property or otherwise commit a nuisance
upon the premises of a person other than its harborer, owner or owner
of record.
C. Chase or otherwise harass any person in such a manner as reasonably
to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury.
D. Chase or attack motor vehicles, bicycles or domestic animals.
[Amended 4-29-2020 by L.L. No. 3-2020]
Any person committing a violation of any provision of this chapter other than a violation of §
146-4 shall be deemed guilty of an offense, punishable by a fine of up to $1,000 per day per violation or by imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate additional violation.