The purpose of this chapter is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of persons, property, domestic animals
and deer from dog attack and damage. It is the intent of this chapter
to preserve the public peace and good order in the Town of Red Hook
and to contribute to the public welfare and good order of its people
by enforcing certain regulations and restrictions on the activities
of dogs that are consistent with the rights and privileges of the
owners of dogs and the rights and privileges of other citizens of
the Town of Red Hook, including the Villages of Red Hook and Tivoli
in said Town of Red Hook.
As used in this chapter the following words shall have the following
respective meanings:
CLERK
The clerk of the Town of Red Hook where licenses are validated
or issued pursuant to this chapter.
COMMISSIONER
The State Commissioner of Agriculture and Markets.
DETECTION DOG
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
Any individual(s) appointed by the Town Board of the Town
of Red Hook to assist in the enforcement of this chapter and of Articles
7 and 26 of the Agriculture and Markets Law.
DOG, DANGEROUS
The same meaning as such term is defined in § 108(24)
of the New York State Agriculture and Markets Law.
DOMESTIC ANIMAL
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer, whitetail deer which is raised under license from the department
of environmental conservation, llama, goat, swine, fowl, duck, goose,
swan, turkey, confined domestic hare or rabbit, pheasant or other
bird which is raised in confinement under license from the state department
of environmental conservation before release from captivity, except
that the varieties of fowl commonly used for cock fights shall not
be considered domestic animals for the purposes of this chapter.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
which is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the state during the period
such dog is being trained or bred for such purpose.
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 is actually used for such purpose, or any dog owned by a recognized
training center located within the state during the period such dog
is being trained or bred for such purpose.
IDENTIFICATION TAG
A tag issued by or under the supervision of the Clerk of
the Town of Red Hook which sets forth an identification number, together
with the name of the Town, the State of New York, contact information,
including telephone number, for the Town, and such other information
as the Town deems appropriate.
[Amended 9-11-2012 by L.L. No. 4-2012]
IDENTIFIED DOG
Any dog carrying an identification tag as required by §
63-7 of this chapter.
OWNER
Any person who harbors or keeps any dog.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant to this chapter, 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 any dog was last licensed or if the owner of record has filed a change of ownership statement pursuant to §
63-8 of this chapter, the owner shall be deemed to be 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, association or
other organized group of persons, municipality, or other legal entity.
POLICE WORK DOG
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work purposes.
RUN AT LARGE
A dog shall be deemed to be "running at large" if it is elsewhere
than on the premises of the owner while not in the control of the
owner or the owner's agent and without the consent or 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.
THERAPY DOG
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the state during the
period such dog is being trained or bred for such purpose.
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, is actually used for such purpose and is registered with
the department; provided, however, that such services provided by
said dog shall be performed without charge or fee.
In addition to the provisions set forth in Articles 7 and 26
of the Agriculture and Markets Law, it shall be unlawful for any owner
of or any person harboring a dog in the Town of Red Hook to fail to
control or confine such so that such dog is able to:
A. Bite,
jump upon or otherwise harass any person, except a person:
(1) Trespassing upon the premises of such owner or harborer.
(2) Attacking or molesting the person of the owner or harborer of such
dog.
(3) Who provokes a dog by teasing, torturing, cruelly beating, injuring,
maiming or mutilating said dog.
B. Cause
damage or destruction to the property of others.
C. Kill, injure or harass domestic animals.
D. Cause noise which shall annoy or disturb the quiet, comfort or repose
of a reasonable person of normal sensibilities. Noise disturbance
for more than 15 minutes at any time of the day or night by repeated
barking, whining, howling or other sounds which can be heard beyond
the boundary of the owner's property shall be deemed prima facie evidence
of violation of this section.
E. Run at large while in heat. Such female shall be confined within
a protected area on the premises of such person during such period.
If at large, such female shall be subject to seizure and confinement.
F. Run, injure or kill deer.
G. Habitually commit a nuisance upon the premises of anyone other than
the owner or harborer of such dog.
H. Habitually chase motor vehicles, motorcycles, bicycles or other conveyances.
I. Be without a license and wearing a tag except for dogs which are:
(1) Kept on a farm and owned by a farmer.
(2) In the field with a hunter during hunting season or for the purpose
of being trained for hunting.
J. Run at large without a leash, such as a chain, cord, strong rope
or other material of sufficient strength to restrain the dog from
harassing any person or domestic animal.
The Dog Control Officer(s) when acting pursuant to his/her special
duties shall promptly make and maintain a complete record of any seizure
and subsequent disposition of any dog. Such record shall include,
but not be limited to, a description of the dog, the date and hour
of seizure, the official identification number of such dog, if any,
the location where seized, the reason for seizure, and the owner's
name and address, if known. Such records shall be filed and maintained
for not less than three years following the creation of such record,
and shall be made available to the commissioner upon request.
If the Dog Control Officer is unable to determine the ownership or custody of the dog responsible for the violation of this chapter, the Dog Control Officer shall deliver such dog to the agency designated by the Town Board of the Town of Red Hook for keeping and custody in accordance with §
63-15 of this chapter.
Unless otherwise provided by Article 7 of the Agriculture and
Markets Law, a violation of this chapter may be punishable by a fine
of not more than $250 or by imprisonment for not more than 15 days,
or both.
All revenue derived from licensing fees, other than surcharges,
redemption fees, and penalties for offenses, shall be the sole property
of the municipality and shall be used only to enforce Article 7 of
the Agriculture and Markets Law and this chapter; subsidize the spaying
or neutering of dogs and any municipal facility established to provide
spaying and neutering services; and subsidize humane education programs
in responsible dog ownership.