Town of Plattekill, NY
Ulster County
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Table of Contents
Table of Contents
Public Documents
[HISTORY: Adopted by the Town Board of the Town of Plattekill as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Appearance tickets — See Ch. 5.

Dogs in mobile home parks — See Ch. 68.

Noise — See Ch. 73.

Zoning — See Ch. 110.

ARTICLE I
Dogs (§ 41-1 — § 41-7) 

ARTICLE II
Horses (§ 41-8 — § 41-15) 

[Adopted 9-24-1974 by L.L. No. 1-1974]

§ 41-1
Title. 

§ 41-2
Purpose. 

§ 41-3
Definitions. 

§ 41-4
Restrictions upon ownership and care; licensing. 

§ 41-5
Enforcement. 

§ 41-6
Penalties for offenses. 

§ 41-7
Amendments. 

§ 41-1 Title.

This article shall be known as the "Dog Control Law of the Town of Plattekill" and shall apply to the entire Town of Plattekill, Ulster County, New York.

§ 41-2 Purpose.

The purpose of this article shall be to preserve the public peace and tranquillity in the Town of Plattekill and to adopt and enforce certain regulations and restrictions on the activities of dogs and owners of dogs for the preservation and protection of the property and the persons of the inhabitants of the Town of Plattekill, pursuant to the authority created by § 130 et seq. of the Town Law of the State of New York and § 10 of the Municipal Home Rule Law.

§ 41-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:

AT LARGE (as applied to a dog)
Designates and describes each dog at all times when it is off the premises of its owner or is on the premises of another without his consent and is not under the visual and voice control of its owner.
[Amended 5-20-1987 by L.L. No. 4-1987]
CONFINED (as applied to a dog)
Such dog is securely confined or restrained and kept on the owner's premises, whether within a building, kennel or wire or other suitable enclosure or securely fastened on a chain, wire or other effective tether of such length and so arranged so that the dog cannot reach or endanger any person on any adjacent premises or on any public street, way or place or, if the dog is being transported by the owner, that it is securely confined in a crate or other container or so restrained in a vehicle so that it cannot escape therefrom.
[Amended 5-20-1987 by L.L. No. 4-1987]
DANGEROUS
Designates or applies to any dog which, without just cause, bites, attacks, chases or snaps at or otherwise threatens to attack any person or attacks and wounds a dog or other domestic animal or which displays any other fierce, vicious or dangerous propensities.
[Amended 5-20-1987 by L.L. No. 4-1987]
DOG
Both male and female and shall include the singular and plural.
DOG OF LICENSING AGE
A dog that has attained the age of four months.
[Amended 12-1-2010 by L.L. No. 2-2010]
DOG WARDEN
A person appointed by the Town Board to assist in the enforcement of this article.
HABITUALLY
In relation to chasing [§ 41-4A(3)], shall mean on more that two occasions chasing in any thirty-day period.
[Added 8-20-2003 by L.L. No. 4-2003]
HABITUALLY BARKING
In relation to seriously disturbing the peace and quiet of the neighborhood [§ 41-4A(2)], shall mean such barking or howling or making of other disturbing noise, which noises(s) continued for repeated intervals of more that 10 minutes with less than one minute of interruption and which can be heard from a location beyond the owner's or caretaker's property.
[Added 8-20-2003 by L.L. No. 4-2003]
OWNER
Any person, firm, association or corporation owning, harboring or keeping a dog within the limits of this Town and the parent, guardian or other adult person with whom a minor dog owner resides. The "owner" of every dog which at any time is kept, brought or comes into the Town will be held responsible for the strict observance of such dog and, with respect to such dog, of all the rules and regulations contained in this article at all times when such dog is within the Town.
[Amended 5-20-1987 by L.L. No. 4-1987]
SERVICE DOG
A dog that is referred to as a service dog, guide dog, hearing dog, war dog, working search dog, detection dog, police dog or therapy dog, as defined in § 108 of the Agriculture and Markets Law of the State of New York.
[Added 12-1-2010 by L.L. No. 2-2010]

§ 41-4 Restrictions upon ownership and care; licensing.

A. 

It shall be a violation of this article for any owner of any dog to permit or allow such dog to:

(1) 

Run at large, unless said dog is restrained by an adequate collar and leash or unless accompanied by its owner or a responsible person able to control the dog. Dogs hunting in company with hunters are considered as accompanied by their owner.

(2) 

Seriously and habitually disturb the peace and quiet of the neighborhood by barking or howling or making other disturbing noises.

(3) 

Habitually chase any person, animal or persons on bicycles or automobiles or other vehicles upon any public highway or in any such public place.

(4) 

Cause damage or destruction to property upon premises other than the owner's or person's harboring the dog.

[Amended 5-20-1987 by L.L. No. 4-1987]

B. 

A dangerous dog, as defined in the above definition of "dangerous," and every such dog is hereby declared to be a public nuisance.

[Amended 5-20-1987 by L.L. No. 4-1987]

C. 

Editor's Note: Original Subsection A(3), which immediately preceded this subsection, was deleted 5-20-1987 by L.L. No. 4-1987.
It shall be a violation of this article for any owner of any dog to permit the premises, structures or enclosures in which such dog is kept to be unclean or unsanitary.

D. 

It shall be unlawful for any person in the Town of Plattekill to torture, torment, deprive of necessary sustenance, unnecessarily or cruelly beat or otherwise abuse or needlessly mutilate or kill a dog. Any dog so treated shall be impounded by the Dog Warden. The owner thereof shall be notified, in writing and by personal service or by regular mail, of the alleged violation, and the matter shall be referred to the Town Justice for a hearing and determination.

E. 

Any dog at large which does not display any current dog license or other means of identification or which fails to exhibit any evidence of having had administered to it a rabies vaccination shall be considered an abandoned dog and may be summarily impounded by the Dog Warden.

F. 

No female dog shall be permitted to run at large during the period of heat. Every such person is charged with the duty to keep such dog so isolated and confined that it shall not attract other dogs.

G. 

No person shall breed or attempt to breed or aid or abet the breeding of any dog in any public place within the Town or any place within the Town not entirely enclosed and completely screened from observation from without the enclosure.

[Amended 5-20-1987 by L.L. No. 4-1987]

H. 

Licensing of dogs.

[Added 12-1-2010 by L.L. No. 2-2010
Editor's Note: This local law also provided that this amendment was enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law, as amended by L.2010, c. 59, Part T, according to which each local government currently authorized to issue dog licenses will be responsible to track and issue license renewals.
]

(1) 

All dogs in the Town of Plattekill must be licensed by the Town Clerk by the time said dog attains four months of age.

(2) 

All dog licenses shall be valid for a period of one year and will expire at the end of the month one year from the date of issue. Licenses shall not be transferable.

(3) 

Fees for licensing of dogs:

(a) 

The fee for a spayed or neutered dog shall be $6 plus a state-mandated surcharge of $1 for the purpose of carrying out animal population control.

(b) 

The fee for an unspayed or unneutered dog shall be $12 plus a state-mandated surcharge of $3 for the purpose of carrying out animal population control.

(c) 

All fees, set forth in this chapter, shall be reviewed by the Town Board from time to time and may be changed by a resolution of the Town Board.

(4) 

There shall be no license fee required for any license issued to a service dog, guide dog, hearing dog, war dog, working search dog, detection dog, police dog or therapy dog.

(5) 

No license shall be required for any dog that is residing in a dog pound or shelter maintained by or under agreement with the State of New York or any county, city, town or village, or any duly incorporated society for the prevention of cruelty to animals, or any duly incorporated humane society, or duly incorporated dog protective association.

(6) 

The Town of Plattekill will not be issuing purebred or kennel licenses. All dogs will be licensed individually as per the fee system stated above.

(7) 

When the Town Board determines the need for a dog enumeration, a fee of $5 will be assessed to all dogs found unlicensed or unrenewed at the time the enumeration is conducted.

(8) 

The Town of Plattekill does not allow the licensing of dogs by its shelter. The shelter must refer the adoptive dog owners to the Town Clerk's office for licensing.

(9) 

All dog licenses shall be purchased at the Town Clerk's office or through the Town Clerk's office by United States mail. However, if a licensing or renewal of a license is done by mail, the appropriate fees must accompany the application form.

(10) 

The Town Clerk shall retain a copy of each dog license issued, in accordance with the New York State Records Retention and Disposition Schedule (MU-1).

(11) 

In the event of a change of ownership of a dog or a change of address of a dog, or in the event that a dog has been lost or stolen, notification of same shall be given to the Town Clerk within 48 hours of said event. Failure to notify the Town Clerk as required herein shall be punishable pursuant to § 41-6 herein.

(12) 

At the time a dog is first licensed, one identification tag shall be furnished to the owner at no additional charge. Any replacement tags shall be obtained by the owner at the owner's expense. A replacement tag will cost $5.

§ 41-5 Enforcement.

A. 

A Dog Warden, to be designated by the Town Board, may enforce the provisions of this article and may investigate and report to the Town Justice of the Town of Plattekill any dangerous dog as described. He or she may carry out the order or orders of the Town Justice and may enforce and carry out the duties outlined.

[Amended 5-20-1987 by L.L. No. 4-1987]

B. 

The duty is imposed upon every peace officer in the Town to investigate any complaint of violation of this article and to enforce the provisions thereof. The duty is also imposed upon other Town officers to enforce the provisions of this article insofar as they have any statutory duty in connection therewith.

§ 41-6 Penalties for offenses.

A. 

Any person who violates this article or knowingly permits the violation of this article or any of its provisions shall be deemed to have committed an offense against this article, and any person convicted of any such violation, after investigation and hearing, shall be liable to a penalty as set forth in the provisions of Article 7, § 118, of the Agriculture and Markets Law.

[Amended 5-20-1987 by L.L. No. 4-1987; 12-1-2010 by L.L. No. 2-2010]

B. 

It may be at the discretion of the Town Justice if a dog is to be confined permanently due to the seriousness of the violation.

§ 41-7 Amendments.

The Town Board may, from time to time, amend, supplement, change, modify or repeal this article pursuant to the provisions of the Town Law and Municipal Home Rule Law applicable thereto.

[Adopted 12-7-1978 by L.L. No. 3-1978]

§ 41-8
Title. 

§ 41-9
Purpose. 

§ 41-10
Definitions. 

§ 41-11
Restrictions upon ownership and care. 

§ 41-12
Enforcement. 

§ 41-13
Penalties for offenses. 

§ 41-14
Amendments. 

§ 41-15
Supplemental laws and enforcement agencies. 

§ 41-8 Title.

This article shall be known as the "Horse Control Law of the Town of Plattekill" and shall apply to the entire Town of Plattekill, Ulster County, New York.

§ 41-9 Purpose.

The purpose of this article shall be to preserve the public peace and tranquillity in the Town of Plattekill and to adopt and enforce certain regulations and restrictions on the activities of horses and of their owners for the preservation and protection of the property and the persons of the inhabitants of the Town of Plattekill, pursuant to the authority created by § 130 et seq. of the Town Law of the State of New York and § 10 of the Municipal Home Rule Law.

§ 41-10 Definitions.

As used in this article, the following terms shall have the meanings indicated:

AT LARGE (as applied to horses)
Designates and describes each horse at all times when it is off the premises of its owner or is on the premises of another.
CONFINED (as applied to horses)
Such horse is securely confined or restrained and kept on the owner's premises, whether within a building or wire or other suitable enclosure or securely fastened on a chain, wire or other effective tether of such length and so arranged so that the horse cannot reach or endanger any person on any adjacent premises or on any public street, way or place or, if the horse is being transported by the owner, that is is securely confined in a crate or other container or so restrained in a vehicle so that it cannot escape therefrom.
OWNER
Any person, firm, association or corporation owning, harboring or keeping horses within the limits of this Town and the parent, guardian or other adult person with whom a minor horse owner resides. The "owner" of every horse which at any time is kept, brought or comes into the Town will be held responsible for the strict observance of such horse and, with respect to such horse, of all the rules and regulations contained in this article at all times when such horse is within the Town.
TOWN POLICE
A person appointed by the Town Board to assist in the enforcement of this article.

§ 41-11 Restrictions upon ownership and care.

A. 

It shall be a violation of this article for any owner of any horse to permit or allow such horse to:

(1) 

Run at large at any time, unless secured by a leash or rope, collar or harness or unless maintained within a completely fenced-in enclosure without the freedom of ingress and egress or accompanied by its owner or a responsible person able to control the horse.

(2) 

Cause damage or destruction to property of a person other than the owner of such horse.

B. 

Any horse found at large within the Town limits shall be taken into custody by a police officer or citizen qualified to handle such animal. Any horse which is not claimed within two days by an owner shall be constituted an abandoned horse and will be disposed of at the discretion of the Town Board or the Town Justice.

§ 41-12 Enforcement.

A. 

Police designated by the Town Board may enforce the provisions of this article and may investigate and report to a Town Justice of the Town of Plattekill all violations. He or she may carry out the order or orders of the Town Justice and may enforce and carry out the duties outlined.

[Amended 5-20-1987 by L.L. No. 4-1987]

B. 

The duty is imposed on every peace officer in the Town to investigate any complaint of violation of this article and to enforce the provisions thereof. The duty is also imposed upon other Town officers to enforce the provisions of this article insofar as they have any statutory duty in connection therewith.

§ 41-13 Penalties for offenses.

[Amended 5-20-1987 by L.L. No. 4-1987]

Any person who violates this article or knowingly permits the violation of this article or any of its provisions shall be deemed to have committed an offense against this article, and any person convicted of any such violation, after investigation and hearing, shall be liable to a penalty not exceeding $250 or imprisonment not exceeding 15 days, or both.

§ 41-14 Amendments.

The Town Board may, from time to time, amend, supplement, change, modify or repeal this article pursuant to the provisions of the Town Law and Municipal Home Rule Law applicable thereto.

§ 41-15 Supplemental laws and enforcement agencies.

A. 

This article shall also embody all rules and regulations stipulated by the Society for the Prevention of Cruelty to Animals and the Department of Agriculture.

B. 

This article shall also embody all rules and regulations of the Zoning Ordinance of the Town of Plattekill.

Editor's Note: See Ch. 110, Zoning.