[HISTORY: Adopted by the Town Board of the
Town of Woodstock as indicated in article histories. Amendments noted
where applicable.]
[1]
Editor's Note: This local law also amended the title
of this article, which was formerly Dog License Fees, and provided
an effective date of 1-1-2011.
A.
All
dogs in the Town of Woodstock must be licensed with the Town Clerk
by the age of four months and are required to present a current certificate
of rabies at the time of licensing or renewal of an existing license.
B.
All
dog licenses will be 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.
Pursuant to § 110, Subdivision 4 of Article 7 of the
Agriculture and Markets Law, local fees in addition to the New York
State required fees (which includes the assessment of a surcharge
of $1 for all spayed or neutered dogs for the purpose of carrying
out animal population control), and the fee for an unspayed or unneutered
dog (which includes the assessment of a surcharge of $3 for the purpose
of carrying out animal population control) shall be set forth from
time to time by resolution of the Town Board.
When the Town Board determines the need for a dog enumeration,
a fee shall be set from time to time by resolution of the Town Board
to all dogs found unlicensed or the need to be renewed at the time
the enumeration is conducted.
The Town of Woodstock will not be issuing purebred or kennel
licenses. All dogs will be licensed individually as per the fee system
stated above.
The Town of Woodstock will require a license for any guide dog,
service dog, hearing dog, working search dog, police dog, therapy
dog or detection dog; however, they will be exempt from paying a license
or renewal fee.
All dog licenses shall be purchased at the Town Clerk's
office or may be requested by regular mail. However, if a licensing
or renewal of a license is done by mail, the appropriate fees must
accompany the application for license form.
The Town Clerk shall retain a copy of each dog license issued
and, upon request, make a copy available to the Department of Agriculture
and Markets.
The Town of Woodstock does not allow the licensing of dogs by
a shelter. The shelter must send the adoptive dog owners to the Town
Clerk of the Town of Woodstock in which the dog will be harbored for
licensing.
All fees will be used in funding the administration of the Dog
Control Law of the Town of Woodstock.
[Adopted 2-10-2004 by L.L. No. 2-2004]
This article is enacted pursuant to the provisions
of Article 7 of the Agriculture and Markets Law of New York State,
§ 10 of the Municipal Home Rule Law, and other legislative
authority of the State of New York, as amended from time to time.
It is the purpose of this article to preserve
public peace and order in the Town of Woodstock and to promote the
public health, safety and welfare of its people by establishing and
providing for the enforcement of regulations and restrictions on the
activities of animals that are consistent with the rights and privileges
of animal guardians as well as of other citizens of the Town of Woodstock.
This article shall be known as the "Animal Control
Law of the Town of Woodstock."
As used in this article, the following words
shall have the meanings given in this section:
See "Animal Control Officer."
The delivery of any dog or cat, seized or surrendered, to
any natural person 18 years of age or older for the limited purpose
of harboring a pet.
Any living vertebrate, including but not limited to dogs,
cats and farm animals, adapted to life in association with humans,
or to use by humans.
The person or persons appointed by the Woodstock Town Board
for the purpose of enforcing the provisions of this article and/or
the provisions of the Agriculture and Markets Law, hereinafter referred
to as the "ACO."
An animal off the premises of the animal's guardian and not
under the guardian's control or an animal on private lands without
the knowledge, consent and approval of the owner of such lands.
An act upon any animal in which a person overworks, tortures,
beats, intentionally injures, maims, mutilates or poisons such animal
or deprives such animal of necessary sustenance, food or drink and/or
shelter and protection. The term "cruelty" shall include every act,
omission, or neglect whereby unjustifiable physical pain, suffering
or death is caused or permitted.
Any person 18 years of age or older who keeps, harbors or
has custody, care or control of an animal shall be considered the
primary guardian of such animal. An animal tended by a minor under
18 years of age shall be deemed to be in the custody and control of
the primary guardian of such minor. As used in this article, the term
"guardian" shall not be interpreted to include a person who has temporary
custody, care and control of an animal. See also the definition of
"owner."[1]
Any dog or cat or other domesticated animal normally maintained
in or near a household that is harbored, controlled, cared for by
or under the custody of a guardian or other person who cares for such
other domesticated animal.
Restrained by a leash attached to a collar or harness of
sufficient strength to control the animal.
Title by which a person referred to in this article as a
guardian is referred to by the New York State Department of Agriculture
and Markets and on certain licensing and other documents relating
to the guardianship of animals. See also the definition of "guardian."
Protection of an animal against extreme temperatures in a
moisture-controlled structure with a dry floor and clean bedding material.
An animal living in a state of nature without human care
or aid and not ordinarily tamed, including but not limited to deer,
bear, raccoons, skunks, foxes, rabbits, reptiles and waterfowl.
A.
The following regulations shall be known as "Class
A Regulations":
(1)
Cruelty, neglect and/or injury to animals. All acts of cruelty as defined in § 14-6 of this article are prohibited.
(2)
Conditions for keeping of animals.
(a)
Animals shall be provided adequate food and water, shelter and protection. All premises occupied by animals shall be kept in a clean, safe and sanitary condition and shall be of sufficient size to provide adequate space so as not to result in overcrowding of the animals. In addition to these provisions, the keeping of livestock and fowl is regulated by the provisions of Chapter 260, Zoning, § 260-41A(5) of this Code or its successor.
(b)
No animal shall be left unattended in a motor vehicle
without proper ventilation. A vehicle shall not be used as a permanent
place for harboring an animal.
(3)
Vehicular accidents. Any person operating a vehicle
which strikes, injures or kills an animal shall stop and be responsible
for locating the guardian of the animal, the ACO, or a police officer.
Such person shall take the necessary actions so that the animal receives
immediate medical attention. Upon request by a police officer, the
driver shall provide his/her name, address, insurance carrier and
identification, and driver's license number.
(4)
Attacks on people and other animals.
(a)
No animal shall chase, leap at, bite or otherwise
harass any person in such a manner as to reasonably cause intimidation
or fear or put such person in reasonable apprehension of bodily harm
or injury except when such person may be on the private property of
the animal's guardian without said guardian's consent.
(b)
No animal shall attack, bite, destroy, kill or injure
any household pet, poultry, livestock or protected wildlife.
B.
The following regulations shall be known as "Class
B Regulations":
(1)
License and inoculations.[1]
(a)
All dogs shall have a valid New York State dog license
which shall be renewed annually. The license tag shall be attached
to the dog's collar and the collar shall be worn by the dog at all
times. License application forms are available at the Woodstock Town
Clerk's office.
(b)
All dogs and cats four months of age and older shall
be inoculated for rabies. Guardians shall have a valid certificate
of inoculation available upon the request of the ACO.
(3)
Transport of animals.
(a)
No person shall carry or cause to be carried in or
upon any vessel or vehicle or otherwise any animal in a cruel, inhumane
or dangerous manner.
(b)
No animal shall be carried on a public way in the
open bed of a pickup truck or similar vehicle unless the animal is
protected by a secure container or cage or is otherwise restrained
upon a nonmetal mat in a manner that will prevent the animal from
falling, being thrown or jumping from the vehicle, being strangled
or being otherwise injured.
(4)
Damage and defecation.
(a)
No animal shall uproot, dig into, upset or otherwise
damage any lawns, vegetables, flowers, garden beds, garbage containers
or other property not belonging to the guardian of such animal.
(b)
An animal's guardian is responsible for removing feces
deposited by such animals on any property, public or private, other
than the property of the animal's guardian. Guardians of guide dogs
are exempt from this regulation.
(5)
Noise and nuisance.
(a)
No animal shall engage in habitual barking, howling
or whining in such a manner as to habitually interfere with the reasonable
use or enjoyment of property by any person other than the guardian
of such animal. "Habitual" shall be defined as more than 15 minutes
of persistent barking, howling or whining.
(b)
No animal shall conduct itself in such a manner as
to habitually annoy any person other than the guardian of such animal
nor shall an animal habitually chase, run alongside of or bark at
any motor vehicle, cyclist and/or pedestrian while on a public street
or highway or upon public or private property other than property
of the animal's guardian.
(6)
Animals in heat. When in heat, a female animal shall
be confined to the premises of the animal's guardian except when being
transported to a veterinarian's office or when involved in a formalized
breeding program. If the guardian transports such animal while in
heat, the animal shall be leashed. Any female animal found at large
while in heat may be seized by the ACO and placed in a safe place
of confinement until estrus ends. The guardian of such animal shall
be responsible for all costs incurred.
(7)
Wild animals. New York State Conservation Law regulates
the management of wild animals that pose a health threat or that cause
damage to property. All complaints filed with Woodstock Emergency
Dispatch shall be directed to New York State Conservation Officers.
A.
The ACO, or a police officer for the Town of Woodstock
if the ACO is unavailable, shall seize any dog which cannot be identified
and which is not on the property of the dog's guardian and any unlicensed
dog.
B.
The ACO, or a police officer for the Town of Woodstock
if the ACO is unavailable, may seize any animal which:
(1)
The officer suspects may be ill or injured or may
endanger animal or human welfare.
(2)
Is found in conditions which are not clean, safe and sanitary with adequate food and water, shelter and protection as provided in § 14-7A(2)(a) of this article.
(3)
Reasonably appears to be in need of rescue from a closed vehicle as provided in § 14-7A(2)(b) of this article.
C.
Upon taking custody of an animal the ACO or police
officer shall make and maintain a complete record of the seizure and
subsequent disposition of the animal. The record shall include a description
of the animal, including sex and breed, license tag identification
number (if available), date and time of the seizure, location of premises,
and reason for the seizure.
D.
The ACO or police officer shall attempt to locate
the guardian of the seized animal by contacting Woodstock Emergency
Dispatch and local animal shelters. If the animal's guardian cannot
be located, the animal shall be taken by the ACO or police officer
to either a shelter or animal hospital under contract with the Town
of Woodstock, whichever is closer and/or open.
E.
Any animal seized shall be properly sheltered, fed
and watered for a period not to exceed 14 days from the time of seizure.
After this period, any animal not claimed by the animal's guardian
or adopted shall be transported to and released to the Ulster County
SPCA or turned over to a not-for-profit animal care organization.
A.
Any dog seized as unlicensed or for any violation
of this article shall be held until the dog's guardian provides proof
of current and valid licensing and current rabies inoculation. A cat
seized shall be held until its guardian provides proof of current
rabies inoculation.
B.
Consistent with the New York State law that requires
proof of rabies inoculation, when the guardian of a dog or cat cannot
provide such proof, the ACO shall make an appointment for a rabies
shot, transport the animal to the veterinarian and turn the certificate
of inoculation over to the animal's guardian when the animal is released
from impoundment.
C.
Unclaimed animals may be offered for adoption after
a five-day impoundment period. To adopt a dog, the prospective guardian
is required to procure a New York State dog license and a rabies certificate.
To adopt a cat, the prospective guardian shall procure only the rabies
inoculation certificate. The ACO shall arrange for rabies certificates
for adopting guardians.
D.
The guardian of any animal seized pursuant to this
article shall pay all shelter, veterinary and impoundment fees prior
to the animal's return to said guardian.
A.
Any person who observes an animal or its guardian
in violation of any provision of this article may file a complaint,
under oath, with the ACO or, if the ACO is not available, with any
Town of Woodstock police officer specifying the violation, the damage
caused, the place, time and date of the violation, and the name and
address of the animal's guardian, if known. The ACO shall take warranted
action.
B.
Upon seeing or receiving information about any act
of cruelty to an animal, the ACO shall file a report with an agent
or officer of the American Society for the Prevention of Cruelty to
Animals (ASPCA) or with any duly incorporated society for the prevention
of cruelty to animals.
A.
Lost or stray animals. Upon an animal guardian's payment
of any outstanding impoundment, shelter or veterinary costs and proof
of rabies inoculation and license, when applicable, a lost or stray
animals shall be returned to its guardian without the imposition of
penalties.
B.
Issuance of appearance tickets. The ACO shall have
the authority to administer and enforce the provisions of this article
and to issue and serve court appearance tickets for violations thereof.
C.
Court appearance required. An animal guardian who
has received an appearance ticket shall appear in court, in person
or by attorney, on the date and time specified on said appearance
ticket.
D.
ACO's authority. No person shall hinder, resist or
oppose the ACO or other person(s) authorized to administer or enforce
the provisions of this article.
After issuance of an appearance ticket, and
upon conviction of a violation of this article, such offense shall
be deemed a misdemeanor or violation as set forth hereinbelow. Each
charge shall constitute a distinct and separate offense. Where more
than one animal is involved in such offense, a separate penalty shall
be imposed for each such animal.
A.
A violation of any Class A Regulation as delineated in § 14-7A of this article shall be a misdemeanor and shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than one year, or by both. In addition, the provisions of the Penal Law and the Criminal Procedure Law of the State of New York relative to dispositions of misdemeanors shall be applicable.
B.
Violation of Class B regulations.
(1)
A violation of any Class B Regulation as delineated in § 14-7B of this article shall be a violation and shall be punishable as follows:
(a)
First offense: a fine of up to $25 or up to 10 days
in jail, or both.
(b)
Second offense within the preceding five years: a
fine of up to $100 or up to 10 days in jail, or both.
(c)
Third offense within the preceding five years: a fine
of up to $150 or up to 15 days in jail, or both.
(d)
Fourth offense within the preceding five years: a
fine of up to $250 or up to 15 days in jail, or both.
(e)
Fifth offense within the preceding five years: a fine
of up to $350 or up to 15 days in jail, or both.
(f)
Sixth and any subsequent offense within the preceding
five years: a fine of up to $500 or up to 15 days in jail, or both.
(2)
In addition, the provisions of the Penal Law and the
Criminal Procedure Law of the State of New York relative to dispositions
of violations shall be applicable.
C.
The penalties specified in this section shall be in
addition to any other penalties provided by this article or any other
applicable law, regulation or statute and are specifically intended
to supplement all other remedies provided by this article or any other
applicable law, regulation or statute available to any individual
who suffers damage caused by an animal of which another person is
guardian.
The guardian of any animal destroyed as a result
of being released to the SPCA or to an authorized veterinarian shall
not be entitled to any compensation, and no action shall be allowed
thereafter to recover the value of such animal or any other type of
damage.
This article shall supersede all prior local
laws, ordinances, rules and regulations relative to the control of
animals within the Town of Woodstock and they shall be, upon the effective
date of this article, null and void.
