This article shall be known and cited as the "Town of Greenport
Dog Licensing and Control Law."
The Town Board of the Town of Greenport finds that the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs have caused physical harm to persons, damage to property and
have created nuisances within the Town. The purpose of this article
is to provide for the licensing and identification of dogs, the control
and protection of the dog population and the protection of the health,
safety and well-being of persons, property, domestic animals and deer
from dog attack and damage by imposing restrictions on the keeping
and running at large of dogs within the Town.
CLERK — The Clerk of the Town of Greenport where
licenses are validated or issued pursuant to this article.
COMMISSIONER
The State Commissioner of Agriculture and Markets.
DETECTION DOG
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.
DOG
Male and female, licensed and unlicensed, members of the
species canis familiaris.
DOG CONTROL OFFICER
Any individual(s) appointed by the Town Board of the Town
of Greenport to assist in the enforcement of this article and of Article
7 of the Agriculture and Markets Law.
DOG, DANGEROUS
Dangerous Dog shall mean the same as such term is defined
in § 108(24) of the New York State Agriculture and Markets
Law.
DOMESTIC ANIMAL
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer, whitetail deer which is raised under license from the Department
of Environmental Conservation, llama, goat, swine, fowl, duck, goose,
swan, turkey, confined domestic hare or rabbit, pheasant or other
bird which is raised in confinement under license from the State Department
of Environmental Conservation before release from captivity, except
that the varieties of fowl commonly used for cock fights shall not
be considered domestic animals for the purposes of this article.
GUIDE DOG
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 during the period
such dog is being trained or bred for such purpose.
HARBOR
To provide food or shelter to any dog.
HEARING DOG
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 during the period such dog
is being trained or bred for such purpose.
IDENTIFICATION TAG
A tag issued by the Clerk of the Town of Greenport which
sets forth an identification number, together with the name of the
Town, the State of New York, contact information, including telephone
number, for the Town and such other information as the Town deems
appropriate.
IDENTIFIED DOG
Any dog carrying an identification tag as required by §
46-9 of this article.
OWNER
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.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant to this article, except that if any license is issued on application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed or if the owner of record has filed a change of ownership statement pursuant to §
46-10 of this article, the owner shall be deemed to be the owner of record of such dog, except that if the owner is under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
POLICE WORK DOG
Any dog owned or harbored by any state or 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.
RUN AT LARGE
A dog shall be deemed to be "running at large" if it is elsewhere
than on the premises of the owner while not in the control of the
owner or the owner's agent and without the consent or approval
of the owner of such lands.
SERVICE DOG
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.
THERAPY 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 during the
period such dog is being trained or bred for such purpose.
TOWN
The Town of Greenport.
WAR DOG
Any dog which has been honorably discharged from the United
States armed services.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons, is actually used for such purpose and is registered with
the department; provided, however, that such services provided by
said dog shall be performed without charge or fee.
In addition to the provisions set forth in Article 7 of the
Agriculture and Markets Law, it shall be unlawful for any owner of
or any person harboring any dog in the Town of Greenport to permit
or allow such dog to:
A. 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 animal, except on the owner's property. For
the purpose of this article, a dog or dogs hunting in the company
of a hunter or hunters shall be considered as accompanied by its owner.
B. Engage in habitual howling or barking, crying or whining or to conduct
itself in such a manner so as to unreasonably and habitually annoy
or disturb the comfort or repose of any person other than the owner
of such dog. The term "habitual" shall mean on more than two occasions.
C. Cause damage or destruction to property, or commit a nuisance upon
the premises of a person other than the owner or person harboring
such a dog, including the uprooting, digging or otherwise damaging
any vegetables, lawns, flowers, garden beds or other property without
the consent or approval of the owner thereof.
D. Bite, jump, chase or otherwise harass any person or animal in such
a manner as to reasonably cause intimidation or fear, bodily harm
or injury or to put such person or animal in reasonable apprehension
of bodily harm or injury.
E. Habitually chase or bark at automobiles, bicycles or other vehicles
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. Be off the owner's premises unrestrained by a leash, if a female
dog in heat.
H. Be without a current rabies vaccination if older than seven months.
I. Except as otherwise permitted in this article, be without a license
and wearing a tag.
Any dog that attacks any person or domestic animal within the
meaning of Article 7 of the Agriculture and Markets Law of the State
of New York may, in the alternative, be dealt with in accordance with
Article 7 of said Agriculture and Markets Law.
This article may be enforced by the Dog Control Officer of the
Town of Greenport or the Town Constable or any State Police officer
or Columbia County Sheriff or Deputy Sheriff, who shall be entitled
to issue an appearance ticket or file an information with the Justice
or Town Court of the Town of Greenport for alleged violations of this
article. Any such officer may also investigate and report to a Town
Justice of the Town of Greenport any dangerous dog as described in
Article 7 of the Agriculture and Markets Law, and see that the order
or orders of the Town Court or its Justices are, in such cases, carried
out.
The Dog Control Officer(s), when acting pursuant to his/her
special duties, shall promptly make and maintain a complete record
of any seizure and subsequent disposition of any dog. Such record
shall include, but not be limited to, a description of the dog, the
date and hour of seizure, the official identification number of such
dog, if any, the location where seized, the reason for seizure, and
the owner's name and address, if known. Such records shall be
filed and maintained for not less than three years following the creation
of such record, and shall be made available to the Commissioner upon
request.
If the Dog Control Officer is unable to determine the ownership or custody of the dog responsible for the violation of this article, the Dog Control Officer shall deliver such dog to the agency designated by the Town Board of the Town of Greenport for keeping and custody in accordance with §
46-10.10 of this article.
All revenue derived from licensing fees, other than surcharges,
redemption fees, and penalties for offenses, shall be the sole property
of the municipality and shall be used only to:
A. Enforce Article 7 of the Agriculture and Markets Law and this article;
B. Subsidize the spaying or neutering of dogs and any municipal facility
established to provide spaying and neutering services; and
C. Subsidize humane education programs in responsible dog ownership.
This article shall not be deemed to supersede any other duty
or obligation on the part of dog owners as imposed by any other ordinance,
law or statute, and is specifically in addition thereto.