[HISTORY: Adopted by the Town Board of the
Town of Wawarsing as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-2-1974 by L.L. No. 2-1974]
It shall be unlawful for any owner of or any
person harboring any dog in the Town of Wawarsing 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. For the purposes of this article,
a dog or dogs hunting in company with a hunter or hunters shall be
considered as accompanied by its owner.
B. Engage in habitual loud howling or barking or conduct
itself in such a manner as to habitually annoy any person other than
the owner or person harboring such dog.
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 or otherwise harass any person in such manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
E. Habitually chase or bark at motor vehicles.
F. No person owning, harboring, keeping or in charge of any dog, cat,
cattle, horse, swine, sheep, goat, or other livestock, fowl, or domestic
animal shall cause, suffer, or allow such dog, cat, cattle, horse,
swine, sheep, goat, or other livestock, fowl, or domestic animal to
soil, defile, defecate on or commit any nuisance on any common thoroughfare,
sidewalk, passageway, bypath, play area, park, or any place where
people congregate or walk or upon any private property without the
permission of the owner of said property. Notwithstanding the foregoing,
with respect to dogs only, the restriction in this section shall not
apply to that portion of the street lying between the curblines, which
shall be used to curb such dog under the following conditions:
[Added 8-17-2017 by L.L.
No. 2-2017]
(1) The person who so curbs such dog shall immediately remove all feces
deposited by such dog.
(2) The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, and keeping or in charge
of any dog curbed by flushing same down a sanitary sewer system or
by use of a chemical container causing disintegration. In the event
that a chemical container is used, ultimate disposal must be made
in accordance with the Department of Environmental Conservation regulations
concerning solid waste disposal.
It shall be unlawful for the owner or person
harboring any female dog to permit such dog to run at large when in
heat, and such dog shall be confined to the premises of such person
during such period.
[Amended 5-7-1987 by L.L. No. 4-1987; 3-2-1989 by L.L. No.
2-1989; 9-4-1987 by L.L. No. 4-1987; 11-1-2001 by L.L. No.
2-2001]
A. Any unlicensed or untagged dog running at large in
violation of either § 118 of the New York State Agriculture
and Markets Law or this article shall be seized by the Town of Wawarsing
Dog Control Officer or other authorized agent of the Town of Wawarsing.
B. Any dog seized pursuant to Subsection
A shall be properly fed and cared for until disposed of as follows:
(1) If such dog is not identified, whether licensed or
unlicensed, it shall be held for a period of three days from the day
seized, during which period the dog may be redeemed by its owner.
(2) If such dog is an identified dog, the owner of record
of such dog shall be notified personally or by certified mail, return
receipt requested, of the facts of seizure and redemption procedure.
(3) If notification is personally given, such dog shall
be held for a period of three days after day of notice, during which
period the dog may be redeemed by the owner.
(4) If such notification is made by mail, such dog shall
be held for a period of seven days from the date of mailing, during
which period the dog may be redeemed by the owner.
C. 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.
D. The owner or owner of record of any dog seized under
this article shall be responsible for all fees and charges incurred
by the Town of Wawarsing or the Town of Wawarsing Dog Control Officer.
[Amended 5-7-1987 by L.L. No. 4-1987; 8-17-2017 by L.L. No. 2-2017]
A Dog Warden and/or Dog Control Officer, to be designated by
the Town Board as provided by § 114 of the Agricultural
and Markets Law, may enforce provisions of this article and may also
investigate and report to a Town Justice of the Town of Wawarsing
any dangerous dog as described in § 121 of the Agricultural
and Markets Law and see that the order or orders of the Town Justice
in such case are carried out.
[Amended 8-17-2017 by L.L. No. 2-2017]
Any person who observes a dog causing damage; destruction to
a property of a person other than its owner; violating any provisions
of this article; or committing a nuisance upon the premises of a person
other than its owner may file a signed complaint, under oath, with
a Town Justice of the Town of Wawarsing, specifying the objectionable
conduct of the dog, the date thereof, the damage caused, a description
of the dog and the name and residence, if known, of the owner or other
person harboring said dog.
[Amended 8-17-2017 by L.L. No. 2-2017]
Upon receipt by the Town Justice of the Town of Wawarsing of
any complaint, as provided herein, against the conduct of any particular
dog, the Town Justice shall summon the alleged owner or other person
harboring said dog to appear in person before him; if the summons
is disregarded, the Justice may permit the filing of an information
and issue a warrant for the arrest of such person.
[Amended 5-7-1987 by L.L. No. 4-1987]
Any person convicted of a violation of this
article and/or § 119 of the Agriculture and Market Laws
shall be deemed to have committed a violation and shall be subject
to a fine not exceeding $250 or imprisonment for a period not to exceed
15 days.
[Adopted 12-16-2010 by L.L. No. 5-2010; amended 3-15-2012 by L.L. No. 2-2012]
All dogs within the Town four months of age or older, unless
otherwise exempted, shall be licensed. The owner of each dog required
to be licensed shall obtain, complete and return to the Town Clerk,
who shall have the exclusive right to issue dog licenses, a dog license
application together with the license application fee, any applicable
license surcharges and such additional fees as may be established
by the Town. Each license application shall be accompanied by a certificate
of spaying or neutering, if applicable, and proof that the dog has
been vaccinated against rabies or a statement from a licensed veterinarian
that such vaccination would endanger the dog's life, in which case
vaccination shall not be required. Each license issued shall be valid
for a period of one year and shall not be transferable.
[Amended 12-21-2023 by L.L. No. 5-2023]
A. The Town hereby establishes a fee, to be set by resolution of the
Town Board as provided for hereinafter, for a dog license issued pursuant
to this article for a spayed or neutered dog. if the dog for which
the license application is made is spayed or neutered, plus a state-mandated
surcharge as may be amended from time-to-time, for the purpose of
carrying out animal population control.
B. The Town hereby establishes a fee, to be set by resolution of the
Town Board, as provided for hereinafter, for a dog license issued
pursuant to this article for an unspayed or unneutered dog, if the
dog for which the license application is made is unspayed or unneutered,
plus a state-mandated surcharge, as may be amended from time-to-time,
for the purpose of carrying out animal population control.
C. Excepted from payment of the license fee are applications submitted
for a dog license for any guide, hearing, service, war, working search,
detection, police and therapy dogs as defined in § 108 of
the Agriculture and Markets Law.
D. Such fees shall be as set by the Town Board by resolution and may
be changed from time-to-time by a further resolution of the Town Board.
The Town Clerk shall retain a copy of each dog license issued
and, upon request, shall make a copy of same available to the Department
of Agriculture and Markets.
In the event of a change of ownership of a dog or a change of address of a dog, or in the event that a dog has been lost or stolen, notification of same shall be given to the Town Clerk, in writing, within 48 hours of said event. Failure to notify the Town Clerk as required herein shall be a violation of this article and subject the owner to punishment pursuant to §
46-18 herein.
At a time a dog is first licensed, one identification tag shall
be furnished to the owner at no additional charge. Such tag shall
be affixed to the dog at all times unless exempted herein. Any replacement
tag shall be obtained by the owner from the Town Clerk, at no cost
to the owner.
There will not be purebred or kennel licenses as previously
provided by the state.
A dog participating in a dog show within the Town shall be exempt
from the licensing requirement of this article and identification
requirement of this article and § 111 of the Agriculture
and Markets Law during such participation.
Each dog found to be unlicensed during a Town dog enumeration
shall subject the owner to a dog enumeration surcharge of $5 payable
at the time the application is filed to license said dog.
Any dog harbored within the Town which is owned by a resident
of New York City or licensed by the City of New York, or which is
owned by a nonresident of New York State and licensed by a jurisdiction
outside the State of New York, shall for a period of 30 days be exempt
from the licensing requirement of this article.
This article may be enforced by the Town Clerk, Town Dog Control
Officer, any police officer, or any peace officer, or their designee.
Any dog seized or impounded in accordance with Article 7 of
the Agriculture and Markets Law of the State of New York may only
be retrieved prior to the expiration of the statutory redemption period;
and upon submittal of proof that the dog has been licensed; submittal
of proof that the individual seeking to retrieve the dog is the owner;
and payment by the owner in the form of cash, money order or bank
check of all fees and expenses for the Animal Control Officer, shelter,
feeding and veterinary care, together with an impoundment fee of $25
per impoundment. Impoundment fees may be increased by resolution of
the Town Board. In the event said fees are paid to a shelter under
contract with Town, said fees shall become the property of the Town.
A. Any person who violates any provision of this article or knowingly
permits the violation of this article or any of its provisions shall
be deemed to have committed an offence against this article, and any
person convicted of any such violation, after investigation and hearing,
shall be liable for a civil penalty of not more than $25, except that:
(1) When the person was found to have violated this article or former
similar state statute within the preceding five years, the civil penalty
may be not more than $50; and
(2) Where the person was found to have committed two or more such violations
within the proceeding five years, the civil penalty may be not more
than $100.
B. A defendant charged with a violation of any provision of this article
may plead guilty to the charge in open court. He may also summit to
the Town Justice having jurisdiction, in person, by a duly authorized
agent, or by registered mail, a statement that he waives arraignment
in open court and the aid of counsel, that he pleads guilty to the
offense charged, that he elects and requests that the charge be disposed
of an the civil penalty fixed by the court, of any explanation that
he desires to make concerning the offense charged, and that he makes
all statements under penalty of perjury. Thereupon the Town Justice
may proceed as though the defendant had been convicted upon a plea
of guilty in open court; provided, however, that any imposition of
civil penalty hereunder shall be deemed tentative until such civil
penalty shall have been paid and discharged in full. If upon receipt
of the aforesaid statement the Town Justice shall deny the same, he
shall thereupon notify the defendant of this fact, and that he is
required to appear before the said Town Justice at a stated time and
place to answer the charge which shall thereafter be disposed of pursuant
to the applicable provisions of law.