[[1]HISTORY: Adopted by the Town Board of the Town of Lewisboro
as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: The title of this chapter was changed from
"Dogs and Other Animals" to "Dogs" 4-9-2018 by L.L. No. 2-2018.
[Adopted 8-12-1980 by L.L. No. 7-1980; amended in its entirety 12-13-2010 by L.L. No.
3-2010]
A.
The purpose of this article is to provide for the licensing and identification
of dogs, the control and protection of the dog population and the
protection of persons, property, domestic animals and deer from dog
attack and damage.
B.
The Town Board of the Town of Lewisboro finds that the running at
large and other uncontrolled behavior of licensed and unlicensed dogs
have caused physical harm to persons, damage to property and have
created nuisances within the Town. The purpose of this article is
to protect the health, safety and well-being of persons and property
by imposing restrictions on the keeping and running at large of dogs
within the Town.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law of the State of New York.
The title of this article shall be the "Dog Control Law of the
Town of Lewisboro."
As used in this article, the following terms shall have the
meanings indicated:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, and as amended
thereafter.
Such animal is securely confined or restrained or kept on
the owner's premises, either within a building, kennel or other suitable
enclosure or securely fastened on a chain, wire or other effective
tether of such length and so arranged that the animal cannot reach
or endanger any person on any adjacent premises or on any public street,
way or place, or, if the animal is being transported by the owner,
that it is securely confined in a crate or other container or so restrained
in a vehicle that it cannot escape therefrom.
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
Any person authorized from time to time to enforce the provisions
of this article or the provisions of the Agriculture and Markets Law
of the State of New York.
Any dog carrying an identification tag as provided in the
Agriculture and Markets Law.
That fee established from time to time by the Town Board,
after public hearing, and as authorized by Agriculture and Markets
Law, Article 7, § 110, Subdivision 1.
The party purchasing the license unless the dog is or has
been lost and such loss has been reported to the Dog Control Officer
and reasonable search has been made. If an animal 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 animal which is kept, brought 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 is a minor, the 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 said dog and violation of this
article.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
The area within the corporate limits of the Town of Lewisboro.
A.
Every person
owning, or harboring a dog within the Town of Lewisboro for a period
of one week or more shall purchase a dog license pursuant to Article
7 of the New York State Agriculture and Markets Law. Licenses shall
not be required for dogs under the age of four months which are not
at large. Each license issued shall be valid for a period of one year
and shall not be transferable.
B.
Fees.
(1)
Fees
for dog licenses shall be as established from time to time by resolution
of the Town Board of the Town of Lewisboro. In accordance with Article
7 of the Agriculture and Markets Law, each applicant for a dog license
shall pay, in addition to the license fee established by the Town
Board, a surcharge of $1 if the dog to be licensed is altered, or
a fee of $3 if the dog sought to be licensed is unaltered. For licenses
that are more than 30 days past due for renewal, a late fee will be
imposed, in an amount to be determined from time to time by the Town
Board.
(2)
Exempted 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.
C.
It shall be the duty of the Dog Control Officer to issue appearance
tickets to the owners of unlicensed dogs, penalties for which are
as prescribed by § 118 of the Agriculture and Markets Law.
A.
It shall be unlawful for any owner of any dog in the Town of Lewisboro
to permit or allow such dog to:
(1)
Run at large unless the dog is restrained by an adequate leash.
[Amended 6-30-2014 by L.L. No. 2-2014]
(2)
Be off leash on any Town-owned or Town-controlled land, unless such
dog is accompanied by its owner, and at the time it is off leash it
is participating in an authorized dog training program pursuant to
a valid permit issued by the Town for such program.
[Amended 6-30-2014 by L.L. No. 2-2014]
(3)
Engage in habitual loud howling, barking, crying or whining or conduct
itself in such a manner as to unreasonably and habitually disturb
the comfort or repose of any person other than the owner of such dog.
(4)
Uproot,
dig or otherwise damage any vegetables, lawns, flowers, garden beds
or other property not belonging to the owner of such dog.
(5)
Chase, jump upon or at or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury.
(6)
Habitually chase, run alongside of or bark at motor vehicles while
on a public street or highway or upon public or private property other
than property of the owner or harborer of said dog.
(7)
Create a nuisance by digging on public property or private property
other than the property of said owner. It shall be the responsibility
of said owner to pick up after their dog if it defecates on public
property or private property other than the property of said owner,
and to properly dispose of such waste.
[Amended 4-9-2018 by L.L.
No. 2-2018]
(8)
If a female dog, be off the owner's premises when in heat.
B.
Establishment of the fact or facts that the owner of a dog has allowed
or permitted such dog to commit any of the acts prohibited by this
section of this article shall be presumptive evidence against the
owner or harborer of such dog that he has failed to properly confine,
leash or control his dog.
This article shall be enforced by a Dog Control Officer, as
defined herein, and violations shall be punishable under the Penal
Law of the State of New York.
A.
The Dog Control Officer shall seize any dog found running at large
in violation of this article, and such dog shall be impounded and
properly sheltered, fed and watered for the redemption period as hereinafter
provided.
B.
Each dog which is not identified, whether or not licensed, shall
be held for a period of seven days from the day seized, during which
period the dog may be redeemed by its owner, provided that such owner
produces proof that the dog is licensed and is identified pursuant
to the provisions of the Agriculture and Markets Law, and further
provided that the owner pays the impoundment fees as may be established
by the Town Board by resolution at a public meeting.
C.
Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally of the facts of seizure and the procedure for redemption. Such dog shall be held for a period of seven days after the day of notice, during which period the dog may be redeemed by the owner. The owner may redeem such dog upon payment of the impoundment fees prescribed by Subsection B above and by producing proof that the dog is licensed.
D.
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, provided that no such dog shall
be delivered for adoption unless it has been licensed. An adoption
fee of $10 shall be remitted to the Town of Lewisboro.
E.
The owner of an impounded dog shall be liable for the impoundment
fees, whether or not the dog is redeemed.
F.
No action shall be maintained against the Town of Lewisboro, any
duly designated Dog Control Officer 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.
A.
Any person who observes a dog in violation of this article may file
a complaint under oath with a Town Justice specifying the nature of
the violation, the date thereof, a description of the dog and the
name and address, if known, of the owner of the dog.
B.
Upon receipt by the Town Justice of such complaint, he shall summon
the alleged owner to appear in person before him for a hearing, at
which both the complainant and the owner shall have an opportunity
to be represented by counsel and to present evidence. If after such
hearing the Town Justice decides that further action is warranted,
he may order:
Any violation of this article shall be punishable by a fine
of not less than $50 nor in excess of $100 per dog per incident, except
that:
A.
Where the person was found to have violated this article within the
preceding one year, it shall be punishable by a fine of not less than
$100 nor in excess of $300 per dog per incident.
B.
Where the person was found to have committed two or more such violations
within the preceding one year, it shall be punishable by a fine of
not less than $300 per dog per incident or a maximum of $600 per dog
per incident.
