[HISTORY: Adopted by the Town Board of the
Town of Hague as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Parks — See Ch. 124.
[1]
Editor's Note: This local law also repealed former Art.
I, Dog Control, adopted 7-11-1978, as amended.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law of the State of New York, as
amended by Chapter 59, Part T, of the laws of 2010, and as may be
subsequently amended or revised.
The purpose of this article shall be to preserve public peace
and good order in the Town of Hague and to promote the public health,
safety and welfare of its people by enforcing regulations and restrictions
on the activities of dogs that are consistent with the rights and
privileges of dog owners and the rights and privileges of other citizens
of the Town of Hague.
As used in this article, the following terms shall have the
meanings indicated:
Off the premises of the owner.
A person or persons appointed by the Town for the purpose
of enforcing this article.
Restrained by a leash, attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
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/Animal Control Officer, or any peace 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 in, brought into 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.
In the event that the owner of any dog found to be in violation of
this article shall be under 18 years of age, any head of the household
in which said minor resides shall be deemed to have custody and control
of said dog and shall be responsible for any acts of the said dog
in violation of this article.
It shall be unlawful for any owner of a dog in the Town of Hague
to permit or allow such dog to:
A.
Run at large, unless the dog is restrained by an adequate leash or
unless it is accompanied by its owner or a responsible person and
under the full control of such owner or person. For the purpose of
this article, a dog or dogs hunting in company of a hunter or hunters
shall be considered as accompanied by its owner.
B.
Engage in habitual loud howling, barking or whining or to conduct
itself in such a manner as to habitually annoy any person other than
the owner or harborer of the dog.
C.
Cause damage or destruction to public or private property, defecate,
urinate or otherwise commit a nuisance upon the property of other
than the owner or harborer of the dog.
D.
Bite, chase, jump upon or otherwise harass any person in such a manner
as to cause intimidation or to put such a person in reasonable apprehension
of bodily harm or injury.
E.
Chase, leap on or otherwise harass bicycles or motor vehicles.
F.
Kill or injure any dog, cat or other household pet.
G.
Be unlicensed when four months of age or older.
H.
Not have a current and valid Town of Hague identification tag on
its collar while at large, whether or not restrained by an adequate
leash.
All female dogs shall be confined to the premises of their owner
while such are in season (heat) and may not be left outside unattended.
Any owner not adhering to this rule will be subject to having the
dog seized by the Dog Control/Animal Control Officer, or any peace
officer, and removed to a safe place of confinement.
All premises occupied or used by dogs shall be kept in a clean,
sanitary condition. Failure to provide adequate food, water or space
shall subject dogs to seizure and confinement. "Adequate" shall mean
sufficient for age, size and number of dogs on the premises. Upon
conviction of the owner or harborer, the dogs become the property
of the Town of Hague to be released to an authorized humane society,
veterinarian or kennel for adoption or euthanasia.
A.
License required. All dogs in the Town of Hague shall be licensed
with the Town Clerk by the age of four months, and any person applying
for a dog license shall present a current certificate of rabies vaccination
at the time of making application for a license or for the renewal
of an existing license.
B.
Expiration of license. All dog licenses shall be valid for a period
of one year and shall expire at the end of the month one year from
the date of issuance.
C.
License fees. The fee for a spayed or neutered dog shall be $4, which
fee includes the assessment of a surcharge of $1 for the purpose of
carrying out a program of animal population control. The fee for an
unspayed or unneutered dog shall be $12, which fee includes the assessment
of a surcharge of $3 for the purpose of carrying out a program of
animal population control. Replacement tag fees shall be $2. Such
fees shall be reviewed by the Town Board periodically and may be changed
by resolution of the Town Board, as necessary.
D.
Enumeration fee. When the Town Board determines the need for a dog
enumeration, a fee of $5 will be assessed to the owner of any dog
found unlicensed or for which the license has not been renewed at
the time the enumeration is conducted.
E.
Purebred license. The Town of Hague shall not issue purebred or kennel
licenses. All dogs shall be licensed individually in accordance with
the fees stated above.
F.
Service dogs. The Town of Hague shall require a license for any guide
dog, service dog, hearing dog or detection dog, the license fee will
be waived as those terms are defined by Article 7 of the Agriculture
and Markets Law.
G.
Shelters. The Town of Hague does not allow the licensing of dogs
by a shelter. The shelter shall send the adoptive dog owners to the
Clerk of the town or city in which the dog will be harbored for licensing
or to the Town Clerk of the Town of Hague where the shelter is located
for the purchase of the license for adoption purposes.
H.
All dog licenses shall be purchased in person at the Town offices
or by regular mail. If licensing or renewing a license by mail, the
appropriate fee shall accompany the forms. There shall be no refund
of fees.
I.
All fees shall be used in funding the administration of the Dog Control
Law of the Town of Hague.
The Dog Control/Animal Control Officer, or any peace officer,
shall seize any unlicensed dog whether on or off the owner's
premises and/or any dog not wearing a tag, not identified and not
on the owner's premises.
A.
If a dog seized is not wearing an identification tag (license tag),
it shall be held for a period of no less than five days.
B.
If a dog seized is wearing an identification number, the owner shall
be promptly notified either in person or by certified mail. If the
owner is notified in person, the dog shall be held for a period of
no less than seven days; if notified by mail, no less than nine days.
C.
The fees for any seizure and impoundment of each dog in violation of Article 7 of the Agriculture and Markets Law or of Article I of this chapter are as follows:
(1)
For the first impoundment: $45 plus the prevailing charge to the
Town of Hague for each day of impoundment.
(2)
For the second impoundment: $60 plus the prevailing charge to the
Town of Hague for each day of impoundment.
(3)
For the third impoundment: $90 plus the prevailing charge to the
Town of Hague for each day of impoundment.
D.
If not redeemed, the owner shall forfeit all title to the dog and
it shall be released to an authorized humane society or kennel to
be adopted or euthanized.
Upon taking custody of any animal, the Dog Control/Animal Control
Officer, or any peace officer, shall make a record of the matter.
The record shall include date of pickup, breed, general description,
sex, identification numbers, time of pickup, location or release and
name and address of owner, if any.
Any person who observes a dog in violation of any section of
this article may file a signed complaint, under oath, with a Justice
of the Town of Hague or with the authorized Dog Control/Animal Control
Officer or any peace officer, specifying the violation, the date of
violation, the damage caused and including place(s) violation occurred
and the name and address of the dog owner, if known.
The Dog Control/Animal Control Officer of the Town of Hague
shall, and all peace officers may, administer and enforce the provisions
of this article and for that purpose shall have the authority to issue
appearance tickets and to seize dogs, either on or off the owner's
premises, if witnessed to be in violation of this article.
No person shall hinder, resist or oppose the Dog Control/Animal
Control Officer or peace officer authorized to administer or enforce
the provisions of this article in the performance of the officer's
duties under this article.
The owner or harborer of any dog so destroyed under the provisions
of this article, whether destroyed by a Dog Warden/Animal Control
Officer or peace officer or released to an authorized humane society
or veterinarian, shall not be entitled to any compensation, and no
action shall be maintainable thereafter to recover the value of such
dog or any other type of damage.
Any violation of this article shall be punishable, for each
violation, by a fine of not more than $250 or imprisonment for not
more than 15 days, or both.
[Adopted 11-11-1997 by L.L. No. 1-1997]
This article shall be known as "A Local Law
Regulating and Restraining the Running at Large of Animals in the
Town of Hague."
The running at large of animals within the Town
of Hague results in damage and destruction to property and poses a
threat to the safety and welfare of the residents of the town. It
is the purpose of this article to restrain and regulate the running
at large of animals and to require owners of the same to keep said
animals in proper enclosures so as to prevent such animals from entering
upon public or private property.
As used in this article, the following terms
shall have the meanings indicated:
Horses, cows, cattle, calves, swine, sheep, goats, donkeys,
roosters, chickens, poultry and domestic rabbits, but shall not include
dogs and cats kept as household pets.
The Animal Control Enforcement Officer of the Town of Hague.
Elsewhere than on the premises of the owner, and unrestrained
by an adequate restraining device, such as a collar or leash, or unaccompanied
by its owner or by some other responsible person who is able to control
such animal.
Every owner of an animal as herein defined shall
keep and cause to be kept such animal in an enclosed area, and maintain
proper fencing for such purpose so as to prevent such animals from
running at large. Such owners shall be responsible for the erection
and maintenance of properly fenced areas for such purpose.
[Amended 8-10-1999 by L.L. No. 1-1999]
Any persons committing the offense of allowing
animals to run at large, as herein defined, shall be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment not exceeding 15 days,
or by both such fine and imprisonment. Each day a violation of the
provisions of this article continues shall be deemed a separate offense.
The Animal Control Enforcement Officer of the
Town of Hague is hereby authorized to enforce the provisions of this
article, and to issue such summonses or appearance tickets as may
be necessary and proper.
