[Adopted 5-10-1979 by L.L. No. 1-1979]
The Town Board of the Town of Copake 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 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.
[Amended 6-13-1996 by L.L. No. 1-1996]
This article is enacted pursuant to the provisions
of § 124 of the Agriculture and Markets Law of the State
of New York.
The title of this article shall be the "Dog
Control Law of the Town of Copake."
As used in this Article, the following words
shall have the following respective meanings:
The Agriculture and Markets Law of the State of New York.
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
The person entitled to claim lawful custody and possession
of a dog and 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 a dog is not licensed, the term "owner" shall designate and
cover any person or persons, firm, association or corporation, who
or which at any time 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 the filing of any complaint charging a violation
of this article shall be held and deemed to be the "owner" of such
dog for the purpose of this article. In the event that the "owner"
of any dog found to be in violation of this article shall be under
eighteen years of age, the head of the household in which said minor
resides shall be deemed to have custody and control of said dog and
shall be responsible for any acts of the said dog and violation of
this article.
[Amended 6-13-1996 by L.L. No. 1-1996]
Any real property owned by or under the jurisdiction and
control of the town 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.
The Town of Copake.
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 restrained by an adequate
leash or unless it is accompanied by its owner or a responsible person
and under the full control of such owner or person. For the purpose
of this article, a dog or dogs hunting in company of a hunter or hunters
shall be considered as accompanied by its owner.
B.
Engage in habitual loud howling, barking, crying or
whining or conduct itself in such a manner so as to unreasonably and
habitually disturb the comfort or repose 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 thereof.
D.
Chase, jump upon or at or otherwise harass any person
in such a manner as to reasonably cause intimidation or fear or to
put such person in reasonable apprehension of bodily harm or injury.
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.
[Amended 6-13-1996 by L.L. No. 1-1996]
The fee for seizure and impoundment of any dog pursuant to Agriculture and Markets Law § 118 or in violation of § 85-5A of this article shall be as set forth from time to time by resolution of the Town Board.
A.
The Dog Control Officer shall seize a dog found in violation of § 118 of the Agriculture and Markets Law and of § 85-5A of this article. Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law. The Dog Control Officer or peace officer may also investigate and report to a Town Justice of the town any dangerous dog as described in § 121 of the Agriculture and Markets Law, and see that the order of the Town Justice in such case is carried out.
[Amended 6-13-1996 by L.L. No. 1-1996]
B.
The Dog Control Officer, having reasonable cause to
believe that a person has violated this article, shall issue and serve
upon such person an appearance ticket for such violation. The appearance
ticket shall be in the form prescribed by this Board by resolution
in accordance with the provisions of such § 124 of the Agriculture
and Markets Law and this article.
[Amended 6-13-1996 by L.L. No. 1-1996]
C.
Any person who observes a dog in violation of this
article may file a complaint under oath with a Town Justice of the
town specifying the nature of the violation, the date thereof, a description
of the dog and the name and residence, if known, of the owner of such
dog. Such complaint may serve as the basis for enforcing the provisions
of this article.
[Amended 6-13-1996 by L.L. No. 1-1996]
A.
Except as otherwise provided by Article 7 of the Agriculture
and Markets Law, any person, firm or corporation who is guilty of
a violation of this article shall, upon conviction thereof, be subject
to a fine of not more than $250 or imprisonment for a term of not
more than 15 days, or both. Each day after notice that a violation
continues shall be deemed a separate offense. In addition, a civil
penalty of $100 per day may be assessed for any such violation, which
civil penalty shall be recovered by the Town of Copake in a civil
action.
B.
Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of any person found guilty
of such an offense.
C.
Appropriate actions and proceedings may be taken at
law or in equity to prevent or remedy unlawful violations or infractions
of any portion of this article, and these remedies shall be in addition
to penalties otherwise prescribed by law.
