[Adopted 4-4-2002 by L.L. No. 1-2002]
This article shall be entitled "Dog Control."
The Town of Montgomery, New York, finds that the health, safety and welfare of the residents of the unincorporated areas of the Town of Montgomery will be served by the enactment of this article establishing prohibitions as to the running at large of dogs as more particularly defined herein.
This article is adopted pursuant to the authority set forth at § 124 of the Agriculture and Markets Law of the State of New York[1] as well as the authority set forth at Article IX of the Constitution of the State of New York, the relevant provisions of the Municipal Home Rule Law of the State of New York, the Statute of Local Governments of the State of New York, the Town Law of the State of New York and the general police power vested with the Town Board of the Town of Montgomery. Nothing herein contained shall supersede the provisions of § 121 of the New York State Agricultural and Markets Law regarding dangerous dogs.[2]
[1]
Editor's Note: See now Agriculture and Markets Law § 122. (Various sections of Agriculture and Markets Law Article 7 were renumbered and amended by L. 2010, c. 59, eff. 1-1-2011.)
[2]
Editor's Note: See now Agriculture and Markets Law § 123.
As used in this article, the following terms shall have the meanings indicated:
DOG CONTROL OFFICER
The person or persons authorized by the Town Board from time to time, by resolution, to enforce the provisions of this article. A Dog Control Officer shall have all the powers of a constable or other peace officer in the execution of the provision of this article, including service of a summons, the service of an appearance ticket pursuant to and in accordance with § 124 of the Agriculture and Markets Law of the State of New York[1] and the service and execution of any order of process, notwithstanding any provision of the Justice Court Act. Additionally, for the limited purposes of this article, the term "Dog Control Officer" shall include any Town of Montgomery police officer, Orange County Deputy Sheriff and/or any member of the New York State Police and/or any duly authorized representative of the New York State Department of Agriculture and Markets and/or any officer of the New York State Department of Environmental Conservation and all such officers shall have the authority to enforce any provision of this article.
OWNER
Any person who is a licensed owner of a dog and/or any person who keeps, feeds or harbors a dog for over one week, regardless of ownership. The owner need not be a resident of the Town of Montgomery but, for a violation to occur, the dog must be in the unincorporated area of the Town of Montgomery. Additionally, for the purpose of this article, in the event any dog found in violation of this article is owned or possessed by a person under the age of 18 years of age, such owner or possessor shall be deemed to be the parent or guardian of such person or the head of the household where such person resides.
[1]
Editor's Note: See now Agriculture and Markets Law §§ 122 and 113.
[Amended 3-31-2021 by L.L. No. 2-2021]
It shall be unlawful for any owner or any person harboring any dog to permit and/or to allow such dog while in the Town of Montgomery to:
A. 
Leave the dog owner's property, unless the dog is on a leash not more than six feet in length and under the direct supervision and control of the owner of the dog or any person given express permission by the owner of the dog. The requirement to leash a dog under this subsection shall not apply to service dogs, military dogs, hunting dogs actively engaged in the act of hunting, and/or working dogs, including, but not limited to, dogs trained and used for farming and agricultural purposes such as herding and shepherding livestock.
B. 
Engage in habitual loud howling or barking or to conduct itself in such a manner as to annoy any person other than the owner or person harboring such dog. Continuous or intermittent howling or barking for more than 1/2 hour shall be presumptively a violation of this article.
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 dog.
D. 
Chase, bark or otherwise harass any person in such a manner as to cause intimidation or to put such person in a reasonable apprehension of bodily harm or injury.
E. 
Leave the dog owner's property to chase or bark at motorized vehicles, bicycles, joggers or walkers.
F. 
Remain in the Town of Montgomery unless licensed and cared for in accordance with provisions of the New York State Agriculture and Markets Law.
G. 
Defecate or urinate in such a way as to cause annoyance to the residents, nor shall the owner of a dog allow his dog to tip over trash cans or destroy other devices used to contain refuse.
The Dog Control Officer or peace officer is hereby empowered to seize any dog which has violated any of the provisions of this article and any such dog so seized shall be impounded or taken to such place as may be designated by the Town Board as a place of detention until disposition thereof shall have been made in accordance with the provisions of this article.
A. 
Period of redemption. Any dog seized by the Dog Control Officer or other peace officer or other designated representative of the Commissioner of Agriculture and Markets of the State of New York shall continue to be impounded and held for the following prescribed time periods:
Type of Seizure
Redemption Period
(days)
Unlicensed dog
10
Licensed dog:
Personal notice
10 from date of notice
Notice by mail
10 from date of mailing
B. 
Redemption fees. At any time during the period of redemption, the owner of any dog seized may redeem such dog, provided that such owner produces proof that the dog has been licensed and has been identified, and, provided further, that the owner pays the redemption fees set forth in Subsection B(3) set forth below.
(1) 
Any dog found running at large in violation of this article may be seized by any Dog Control Officer, peace officer or other designated representative of the Commissioner of Agriculture and Markets of the State of New York, exercising such seizure without intentionally injuring or harming such dog and shall be impounded and disposed of in accordance with the provisions of Article 7 and/or other applicable provisions of the Agriculture and Markets Law.
(2) 
After any such seizure, the record owner of such dog or any adult member of his family, if the owner is ascertainable from the dog's license tag, shall be notified by serving such owner or adult with a notice, in writing, personally or by mail, stating that the dog has been seized and may be destroyed unless redeemed.
(3) 
A dog owner may redeem his or her dog from the Town upon payment of fees pursuant to § 118, Subdivision 4, of the Agriculture and Markets Law,[1] plus any additional expenses incurred by the Town for the maintenance and upkeep of the dog.
[1]
Editor's Note: See now Agriculture and Markets Law § 117, Subdivision 4.
(4) 
No action shall be maintained against the Town of Montgomery, any duly designated Dog Control Officers, peace officers or any other agent or officer of the Town, to recover the possession or value of any dog, or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this article.
An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period and the dog shall then be available for adoption or euthanized. The Town shall keep for three years a record of the disposition of all dogs seized, which records shall be open to public inspection.
The provisions of this article are intended to modify Article 7 of the New York State Agriculture and Markets Law only in the areas where said Article 7 allows local legislative option. This article shall supplement and be in addition to the provisions of Article 7 of the Agriculture and Markets Law and the provisions of Article 7 of the Agriculture and Markets Law shall also apply, except in the areas where the Town of Montgomery is authorized to modify or amend said Article 7 as herein set forth.
A. 
This article shall be enforced by the Dog Control Officer or by any other peace officer or by any person having jurisdiction under the Agriculture and Markets Law.
B. 
The Dog Control Officer or a peace officer may issue and serve any process relating to any proceeding under this article or any proceeding in accordance with the provisions of the Agriculture and Markets Law of the State of New York. All such officers shall have the power to issue, pursuant to the Criminal Procedure Law, appearance tickets or a uniform appearance ticket and simplified information or any other lawful process as provided in § 114 of the New York State Agriculture and Markets Law.[1]
[1]
Editor's Note: See now Agriculture and Markets Law § 113.
C. 
In the instance of a complaint being brought to the Dog Control Officer or any peace officer of a violation of this article occurring outside of the presence of the Dog Control Officer or peace officer, shall require said complainant to affirm, in the form of written complaint under oath, such facts charging a violation of this article, prior to the Dog Control Officer or peace officer issuing process for such alleged violation. If the Dog Control Officer or peace officer, upon presentment of said sworn complaint, believes there is reasonable cause to suspect a violation of this article, the Dog Control Officer or peace officer shall issue and serve process for such violation returnable in the local Town of Montgomery Court.
D. 
Court. Such person shall be notified by return mail of the date and place of such return date and/or trial. If a person fails to appear at the return date, a summons or warrant of arrest may be issued pursuant to the Criminal Procedure Law. The person charged with a violation hereunder shall pay all reasonable costs of care for any dog owned by said person while impounded. In such instance, said person shall post a bail of $50 for the care of the dog while impounded and, further, shall be responsible for the cost of the care, feeding and maintenance of the dog while impounded. If process has not been previously filed with the local Court, the Dog Control Officer or other peace office shall immediately file such process with the Justice Court and provide a copy of the same to the person charged with the violation at least one week prior to the trial date. The rules of procedure and proof applicable in criminal actions shall apply to the trial of the alleged violation under this article.
Except as otherwise provided in § 119 of the Agriculture and Markets Law,[1] any person, firm or corporation who shall violate any of the provisions of this article or Article 7 of the Agriculture and Markets Law shall, upon conviction, be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day of continuance of an offense shall be considered a separate offense.
[1]
Editor's Note: See now Agriculture and Markets Law § 118.
Notwithstanding the presence or absence of a filing of an appearance ticket or information and/or of a finding of guilt in the local criminal court of the Town of Montgomery under the provisions of this article, the Town Board of the Town of Montgomery is authorized to bring an action or proceeding in any court of competent civil jurisdiction seeking an order restraining or enjoining such owner, possessor or person or entity harboring such dog from the continued violation of any of the provisions of this article.