[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]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
