The Town Board of the Town of Fishkill, to protect the people
of the Town from physical harm to persons, damage to property, and
certain nuisances caused by dogs running at large and other uncontrolled
behavior of licensed and unlicensed dogs, enacts the following restrictions
on the harboring of dogs within the Town, pursuant to the provisions
of Article 7 of the Agriculture and Markets Law of the State of New
York.
Any female dog in heat shall be confined within a protected
enclosure on the premises of the owner or person harboring the dog.
All premises occupied or used by dogs shall be kept in a clean
and sanitary condition. Failure to provide adequate food, water or
shelter shall be a violation of this article and shall constitute
grounds for seizure of the animal hereunder. These principles shall
apply both to individual owners and to any other persons harboring
dogs for training, retail sale or boarding.
No one in the Town of Fishkill shall own or harbor a dog of
greater than four months of age unless it has been inoculated against
rabies. Upon request of the Animal Control Officer, or, if necessary,
by a Town Justice, any person shall produce a current certificate
of inoculation.
This article shall be enforced by the Town's Dog Control Officer
and by police officers employed by the Town. Those persons shall have
the authority to issue appearance tickets or other process set forth
within Article 7 of the Agriculture and Markets Law.
[Amended 12-7-2016 by L.L. No. 3-2017; 12-20-2017 by L.L. No. 7-2017]
A. Seizure; fines; redemption.
(1) Any dog which is not carrying an identification tag and which is
not on the owner's premises, any dog which is not licensed, whether
on or off the owner's premises, and any dog in violation of any other
provision of this article or which poses an immediate threat to the
public safety shall be subject to seizure, redemption, impoundment
fees and adoption procedures as set forth in Article 7, § 117,
of the Agriculture and Markets Law.
(2) Pursuant to § 117 of the Agriculture and Markets Law, fines and impoundment fees are set by Town Board resolution in their adoption of the Town's Fee Schedule. An owner may redeem their dog within the applicable redemption period specified in Subsection
A(3) below upon payment of all fines and impoundment fees and by producing proof that the dog has been licensed.
(3) Pursuant to § 117 of the Agriculture and Markets Law, redemption
periods are set as follows:
(a)
Where an owner has been personally notified: seven days from
the date of such notice.
(b)
Where an owner has been sent notice by certified mail, return
receipt requested: nine days from the date of such mailing.
(c)
Where the dog is unidentified: five days, excluding the day
the dog is seized or impounded.
B. No person shall hinder, resist or oppose the Dog Control Officer
or any other person authorized to administer and enforce the provisions
of this article in the performance of the person's duties pursuant
to this article.
C. No action shall be maintained against the Town of Fishkill, any duly
designated Dog Control Officer or any other agent or officer of the
Town to recover the possession or value of any dog, for damages for
injury or compensation for the destruction of any dog seized or destroyed
pursuant to the provisions of this article.
D. It shall be the duty of the Dog Control Officer or Officers to feed
and care for, at the expense of the Town, any animal seized hereunder
until disposure thereof be made as provided herein.
E. All monies collected as fines or penalties as a result of any prosecution
for violations of the provisions of this article, and all bail forfeitures
by persons charged with such violations, shall be the sole property
of the Town of Fishkill and shall be used only for controlling dogs
and enforcing this article.
F. Fines and impoundment fees may be paid off in installments at the
discretion of the Town Board and upon the execution of a promissory
note by the owner of the dog.
G. An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period, and the dog shall then be made
available for adoption or euthanized, provided that no dog shall be
delivered for adoption unless it has been licensed pursuant to the
provisions of this article prior to its release from custody.
H. No liability in damages or otherwise shall be incurred on account
of the seizure, euthanization or adoption of any dog pursuant to the
provisions of this article.
Agriculture and Markets Law § 123 sets forth the applicable
procedural and substantive requirements applicable within the Town
of Fishkill when a dog is alleged to be dangerous.
[Amended 12-20-2017 by L.L. No. 7-2017]
A. Upon conviction, a violation of §
58-9A(1),
(5), or
(6) or of §
58-13A(1),
(2),
(3),
(4),
(5) or
(7) of this article shall be deemed an offense and shall be punishable by a fine not exceeding $50 for the first offense, $100 for the second offense within the preceding five years, and $250 for each additional offense within the preceding five years or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment.
B. Upon conviction, a violation of §
58-9A(2),
(3),
(4), or
(7) or of §
58-13A(6) of this article shall be deemed an unclassified misdemeanor and shall be punishable by a fine of between $250 and $500 for the first offense, a fine of between $500 and $1,000 for the second offense and a fine of between $1,000 and $2,500 for each offense thereafter or by imprisonment for a period not exceeding one year, or by both a fine and imprisonment.
Each provision of this article shall be deemed independent of
all other provisions herein, and if any provision shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.