[Adopted 12-14-2010 by L.L. No. 20-2010[1]]
[1]
Editor's Note: This local law also superseded former Art.
III, Dog Control, adopted 6-20-1978 by Res. No. 223A-78, as amended,
and former Art. V, Dog License Fees, adopted 10-3-1978 by L.L. No.
3-1978, as amended.
The Town Board of the Town of Cortlandt finds that the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs have caused physical harm to persons, damage to property and
have created nuisances within the Town. The purpose of this article
is to protect the health, safety and well-being of persons and property
by imposing restrictions on the keeping and running at large of dogs
within the Town.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law, as amended by L. 2010, c. 59,
Part T, and the Municipal Home Rule Law of the State of New York.
The title of this article shall be "Dog Control Law of the Town
of Cortlandt."
As used in this article, the following words shall have the
following respective meanings:
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
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 dog control officer and a reasonable search has been made. If
the dog is not licensed, the term "owner" shall designate and cover
any person or persons, firm, association, or cooperation, who or which
at anytime owns or has custody or control of, harbors, or is otherwise
responsible for any dog which is kept, brought or comes within the
Town. Any person owning or harboring a dog for a period of one week
prior to filing any complaint charging violation of this article,
shall be held in and deemed to be the owner of any dog found to be
in violation of this article shall be under 18 years of age, the head
of household in which said minor shall be deemed to have custody and
control of said dog and shall be responsible for any acts of said
dog in violation of this article.
To be in a public place or on private land without the knowledge,
consent and approval of the owner of such lands.
The Town of Cortlandt.
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A.
Run at large unless the dog is accompanied by its owner or a responsible
person and under the full control of such owner or person. For the
purpose of the article, a dog or dogs hunting in the company of a
hunter or hunters shall be considered as accompanied by its owner.
B.
Engage in habitual and loud howling, barking, crying or whining or
conduct as to unreasonably and habitually disturb the comfort or response
of any person other than the owner of such dog.
C.
Uproot, dig, or otherwise damage any vegetables, lawns, flowers,
garden beds, or other property without the consent or approval of
the owner.
D.
Chase, jump upon or at or otherwise harass any person in such manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm.
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.
F.
Create a nuisance by defecating, urinating or digging on public property,
or on private property without the consent or approval of the owner
of such property.
G.
If a female dog, when in heat, be off the owner's premises,
unrestrained by a leash.
A.
All dogs in the Town of Cortlandt must be licensed with the Town
Clerk by the age of four months and are required to present a current
certificate of rabies at the time of licensing or the renewal of an
existing license.
B.
All dog licenses will be for a period of one year and will expire
at the month one year from the date of issue.
C.
Fees for licensing dogs. The fee for a spayed or neutered dog will
be $10, (which includes the assessment of a surcharge of $1 for the
purpose of carrying out animal population control) and the fee for
an unspayed or unneutered dog will be $18 (which includes the assessment
of a surcharge of $3 for the purpose of carrying out animal population
control) with such fees being reviewed by the Town Board periodically
and may be changed by a resolution of the Town Board, if deemed necessary.
D.
Enumeration fee. When the Board determines the need for a dog enumeration,
a fee of $5 will be assessed to all dogs found unlicensed or renewed
at the time the enumeration is conducted.
E.
Purebred license. The Town of Cortlandt will not be issuing purebred
or kennel licenses. All dogs will be licensed individually as per
fee system stated above.
F.
Service dogs. The Town of Cortlandt will not require a license for
any guide dog, service dog, hearing dog or detection dog.
G.
The Town of Cortlandt does not allow the licensing of dogs by a shelter.
The shelter must send the adoptive dog owners to the Town Clerk of
the town or city in which the dog will be harbored for licensing or
to the Town Clerk of the Town of Cortlandt, where the shelter is located
for the purchase of the license for adoption purposes.
H.
All dog licenses maybe purchased by visiting the Town offices or
by regular mail. If licensing or renewing a license by mail, the appropriate
fee must accompany the forms. There will be no refund of fees.
I.
All fees will be used in funding the administration of the Dog Control
Law of the Town of Cortlandt.
J.
Fees for seizure of dogs. The fee for seizure and impoundment of
dogs in violation of this article or the laws of the New York State
Department of Agriculture and Markets Law are as follows:
A.
The dog control officer or any peace officer shall seize: any unlicensed dog whether on or off the owner's premises; any dog not wearing a tag and, after June 15, 1985, not identified, and which is not on the owner's premises; and any dog found in violation of Subsections A through G of § 121-11 of this article. Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of Agriculture and Markets Law, and see that the order of the Town Justice of the Town of Cortlandt in such case is carried out.
B.
The dog control officer or peace officer observing a violation of
this article in his presence shall issue and serve an appearance ticket
for such violation. Said law should be considered a petty offense
and not a misdemeanor.
C.
Any person who observes a dog in violation of this article may file
a complaint under oath with the Town Justice of the Town of Cortlandt
specifying the nature of the violation, the date thereof, a description
of the dog and the name and a residence, if known, of the owner of
such dog. Such complaint may serve as a basis for enforcing the provisions
of this article.
Any person convicted of a violation of this article shall be
liable for a civil penalty of $25 for a first violation; of $50 for
a second violation and $75 for each subsequent violation.
