[HISTORY: Adopted by the Town Board of the Town of Hamptonburgh as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-17-1980 by L.L. No. 6-1980 (Ch. 38, Art. I, of the 1979 Code); amended in its entirety 4-13-1999 by L.L. No. 1-1999]
Pursuant to the applicable provisions of the Agriculture and Markets Law of the State of New York, license fees have been established by the Town of Hamptonburgh and are set forth and contained in the Town Fee Schedule, as amended.
[Amended 12-6-2010 by L.L. No. 3-2010]
Excepted from payment of the license fee are applications submitted for a dog license for any guide, hearing, service, war, working search, detection, police and therapy dogs.
[Adopted 6-8-1981 by L.L. No. 2-1981 (Ch. 38, Art. II, of the 1979 Code)]
As used in this article, the following terms shall have the meanings indicated:
DOG CONTROL OFFICER
The person authorized by the Town Board from time to time, by resolution, to enforce the provisions of this article. A Dog Control Officer shall have all the powers of a constable or other peace officer in the execution of the provisions of this article, including service of a summons, the service of an appearance ticket pursuant to and in accordance with § 122 of the Agriculture and Markets Law of the State of New York, and the service and execution of any order of process, notwithstanding any provision of the Justice Court Act.
[Amended 4-13-1999 by L.L. No. 1-1999; 12-6-2010 by L.L. No. 3-2010]
OWNER
Any person who is a licensed owner of a dog and any person who keeps, feeds or harbors a dog for over one week, regardless of ownership. The owner need not be a resident of the Town of Hamptonburgh but, for a violation to occur, the dog must be in the town limits of the Town of Hamptonburgh.
It shall be unlawful for any owner of or any person harboring any dog to permit or allow such dog while in the Town of Hamptonburgh to:
A. 
Engage in habitual loud howling or barking or to conduct itself in such a manner as to annoy any person other than the owner or person harboring such dog. Continuous or intermittent howling or barking for more than 1/2 hour shall be presumptively a violation of this article.
B. 
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog.
C. 
Chase, bark at or otherwise harass any person in such a manner as to cause intimidation or to put such person in a reasonable apprehension of bodily harm or injury.
D. 
Leave the dog owner's property to chase or bark at motor vehicles.
E. 
Remain in the Town of Hamptonburgh unless licensed and cared for in accordance with provisions of the New York State Agriculture and Markets Law.
F. 
Defecate or urinate in such a way as to cause annoyance to the residents, nor shall the owner of a dog allow his dog to tip over trash cans or destroy other devices used to contain refuse.
G. 
Leave the dog owner's property, unless the dog is under the direct supervision of the owner of the dog.
[Amended 5-7-1996 by L.L. No. 4-1996]
It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat. It shall be presumed that a dog is running at large if it is off the premises of the owner or person harboring a dog.
The Dog Control Officer is hereby empowered to seize any dog which has violated any of the provisions of this article, and any such dog so seized shall be impounded or taken to such place as may be designated by the Town Board as a place of detention until disposition thereof shall have been made in accordance with the provisions of this article.
A. 
Period of redemption. Any dog seized by the Dog Control Officer shall continue to be impounded and held by him for the following prescribed time periods:
Type of Seizure
Redemption Period
(days)
Unlicensed dog
7
Licensed dog:
  Personal notice
7 from date of notice
  Notice by mail
9 from date of mailing
B. 
Redemption fees. At any time during the period of redemption, the owner of any dog seized may redeem such dog, provided that such owner produces proof that the dog has been licensed and has been identified; and provided, further, that the owner pays the redemption fees set forth in Subsection B(3).
(1) 
Any dog found running at large in violation of this article may be seized by any dog warden, peace officer or other designated representative of the Commissioner of Agriculture and Markets of the State of New York, exercising such seizure without intentionally injuring or harming such dog, and shall be impounded and disposed of in accordance with the provisions of Article 7 or other applicable provisions of the Agriculture and Markets Law.
(2) 
After any such seizure, the record owner of such dog or any adult member of his family, if the owner is ascertainable from the dog's license tag, shall be notified by serving such owner or adult with a notice, in writing, personally or by mail, stating that the dog has been seized and may be destroyed unless redeemed.
(3) 
A dog owner may redeem his dog from the Town upon payment of fees pursuant to the Town’s Fee Schedule,[1] plus any additional expenses incurred by the Town for the maintenance and upkeep of the dog.
[Amended 4-13-1999 by L.L. No. 1-1999; 12-6-2010 by L.L. No. 3-2010]
[1]
Editor’s Note: Said fee schedule is on file in the Town offices.
(4) 
No action shall be maintained against the Town of Hamptonburgh, any duly designated dog control officers, 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 destroyed pursuant to the provisions of this article.
[Amended 4-13-1999 by L.L. No. 1-1999]
[Amended 4-13-1999 by L.L. No. 1-1999]
An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be available for adoption or euthanized. The town shall keep for three years a record of the disposition of all dogs seized, which records shall be open to public inspection.
This article shall supplement and be in addition to the provisions of Article 7 of the Agriculture and Markets Law and, wherever not inconsistent with this article, the provisions of Article 7 of the Agriculture and Markets Law shall also apply.
A. 
This article shall be enforced by the Dog Control Officer or by any other peace officer or by any person having jurisdiction under the Agriculture and Markets Law.
B. 
The Dog Control Officer or a peace officer may issue and serve any process relating to any proceeding under this article or any proceeding in accordance with the provisions of the Agriculture and Markets Law and this article.
[Amended 4-13-1999 by L.L. No. 1-1999]
C. 
In the instance of a complaint being brought to the Dog Control Officer or any peace officer of a violation of this article occurring outside of the presence of the Dog Control Officer, the Dog Control Officer or peace officer shall require said complainant to affirm, by information in the form prescribed by the Town Board by resolution, an information charging a violation of this article, prior to the Dog Control Officer or peace officer issuing an appearance ticket for such alleged violation. If the Dog Control Officer or peace officer, upon presentment of said information, believes there is reasonable cause to suspect a violation of this article, the Dog Control Officer or peace officer shall issue and serve an appearance ticket for such violation.
D. 
The appearance ticket shall be in the form prescribed by this Board by resolution in accordance with the provisions of the Agriculture and Markets Law and this article.
[Amended 4-13-1999 by L.L. No. 1-1999]
E. 
Court. Such person shall be notified by return mail of the date and place of such return date and/or trial. If a person fails to appear at the return date when such is provided for pursuant to this action, a summons or warrant of arrest may be issued pursuant to the Criminal Procedure Law. The person charged with a violation hereunder, should he request a trial as provided herein, shall pay for any dog owned by him while impounded. In such instance, said person shall post a bail of $25 for the care of the dog while impounded and, further, shall be responsible for the cost of the care, feeding and maintenance of the dog while impounded. If an information has not been previously filed with the Town Justice, the Dog Control Officer or other peace officer shall immediately file such an information with the Justice Court and provide a copy of the same to the person charged with the violation at least one week prior to the trial date. The rules of procedure and proof applicable in criminal actions shall apply to the trial of the alleged violation.
[Amended 5-7-1996 by L.L. No. 4-1996; 4-13-1999 by L.L. No. 1-1999; 12-6-2010 by L.L. No. 3-2010]
Except as otherwise provided in § 118 of the Agriculture and Markets Law, any person, firm or corporation who shall violate any of the provisions of this article or Article 7 of the Agriculture and Markets Law shall, upon conviction, be punishable by a fine of not less than $25, except that where the person was found to have committed such violation within the preceding five years, the fine may be not less than $50, and where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not less than $100 or imprisonment for not more than 15 days, or both.