A.Â
The Town Board of the Town of Forestburgh finds that the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs have caused physical harm to persons and damage to property and
have created nuisances within the Town. The purpose of this Part 1
is to protect the health, safety and well-being of persons and property
by establishing procedures for the licensing and identification of
dogs and imposing restrictions on the keeping and running at large
of dogs within the Town.
B.Â
The Town also recognizes that, effective January 1, 2011, the State
of New York has relinquished the responsibility of dog licensing functions
to local municipalities and eliminated the Animal Population Control
Fund. Local municipalities will now be required to adopt legislation
relating to this issue.
This Part 1 is enacted pursuant to the provisions of § 124 of the Agriculture and Markets Law of the State of New York.
As used in this Part 1, the following terms shall have the meanings
indicated:
The delivery, to any natural person 18 years of age or older,
of a dog, seized or surrendered, or any cat from the Town's animal
shelter, for the purpose of harboring.
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this Part 1, as amended by this
Part 1 and as amended thereafter.
Any individual appointed by the Town Board to assist in the enforcement of Part 1 of this chapter.
The Town Clerk, or Deputy Town Clerk, of the Town of Forestburgh,
where licenses are to be validated or issued.
That such animal is securely confined or restrained or kept
on the owner's premises, either within a building, kennel or other
suitable enclosure or securely fastened on a chain, wire or other
effective tether of such length and so arranged that the animal cannot
reach or endanger any person on any adjacent premises or on any public
street, way or place, so as not to harm the animal, or, if the animal
is being transported by the owner, that it is securely confined in
a crate or other container of sufficient size to allow the animal
to do a complete turnaround in the crate or container or is so restrained
in a vehicle that it cannot be expected to escape therefrom.
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.
Any member of the species Canis familiaris.
Any person authorized from time to time to enforce the provisions
of the Agriculture and Markets Law of the State of New York and provisions
set forth in this Part 1 and the laws and codes of the Town of Forestburgh.
Any dog that is trained to aid the Animal/Dog Control Officer
in the control of geese within the boundaries of the Town.
Any dog that is trained to aid a person who is blind and
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.
To provide food or shelter to any dog or cat.
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 of New York during the period
such dog is being trained or bred for such training.
A tag which sets forth an identification number, as required
by the provisions set forth in this Part 1.
Any person who harbors or keeps any dog, cat or other animal.
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the New York State Executive Law.
Any dog owned or harbored by any 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.
Any real property owned by the Town of Forestburgh which
is used for recreational purposes by the public, including but not
limited to parks or playgrounds.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
Any resident of the Town age 65 or older.
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. "Service dog" shall
also refer to dogs defined herein as a "detection dog", "geese dog",
"guide dog", "hearing dog," "police work dog", "therapy dog", and
"working search 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 of New York
during the period such dog is being trained or bred for such purpose.
Any dog which has been honorably discharged from the United
States Armed Services and for which said discharge papers can be produced.
Any dog that is trained to aid in the search for missing
persons and is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
