The Town Board of the Town of Mamakating finds
that the running at large and other uncontrolled behavior of licensed
and unlicensed dogs has caused physical harm to persons and damage
to property and created nuisances within the Town. The purpose of
this chapter 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.
[Amended 10-4-1990 by L.L. No. 7-1990; 10-3-1996 by L.L. No.
3-1996]
This chapter is enacted pursuant to the provisions
of § 124 of Article 7 of the Agriculture and Markets Law
of the State of New York.
The title of this chapter shall be the "Dog
Control Law of the Town of Mamakating."
As used in this chapter, the following words
shall have the following respective meanings:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this chapter, as amended by
this chapter, and as amended thereafter.
CONFINED
That such animal is securely confined or restrained and 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 to a vehicle that it cannot be expected to escape
therefrom.
[Amended 10-3-1996 by L.L. No. 3-1996]
DANGEROUS DOG
Any dog which (i) without justification attacks a person, a companion animal as defined in Agriculture and Markets Law § 350(5), a farm animal as defined in Agriculture and Markets Law § 350(4), or a domestic animal as defined in Agriculture and Markets Law § 108(7) and causes physical injury or death, or (ii) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals, or (iii) without justification attacks a service dog, guide dog or hearing dog, as defined in Chapter
76A of the Code of the Town of Mamakating and causes physical injury or death. "Dangerous dog" does not include a police work dog, as defined in §
76A-2, which acts in the manner described in such section of the Code of the Town of Mamakating while such police work dog is being used to assist one or more law enforcement officers in the performance of their official duties.
[Added 12-7-2010 by L.L. No. 3-2010]
DOG
Male and female, licensed and unlicensed members of the species
Canis familiaris.
DOG CONTROL OFFICER
Any person authorized by the Town Board from time to time
to enforce the provisions of this chapter or the provisions of the
Agriculture and Markets Law.
[Amended 10-4-1990 by L.L. No. 7-1990]
OWNER
The party purchasing the license, unless the dog is or has
been lost and such loss reported to the Dog Control Officer and a
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 chapter shall be held and
deemed to be the owner of such dog for the purpose of this chapter.
In the event any dog found to be in violation of this chapter shall
be owned by 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
chapter.
[Amended 10-4-1990 by L.L. No. 7-1990]
RECREATIONAL AREA
Any real property owned by the Town of Mamakating which is
used for recreational purposes by the public, including but not limited
to parks or playgrounds.
RUN AT LARGE
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
SCHOOL PREMISES
Any real property situated within the Town of Mamakating
which is used for educational purposes or purposes incidental thereto.
TOWN
Designates the area within the corporate limits of the Town
of Mamakating, except the areas within the corporate limits of the
Villages of Wurtsboro and Bloomingburg.
[Amended 10-4-1990 by L.L. No. 7-1990]
This chapter shall be enforced by the Dog Control
Officer, by any peace officer or by any person having jurisdiction
under the Agriculture and Markets Law.
[Amended 10-4-1990 by L.L. No. 7-1990; 10-3-1996 by L.L. No.
3-1996]
A. Any dog found in violation of the provisions of §
76-5 of this chapter may be seized pursuant to the provisions of § 117 of the Agriculture and Markets Law.
[Amended 12-7-2010 by L.L. No. 3-2010]
B. Every dog seized shall be properly cared for, sheltered,
fed and watered for the redemption period set forth in § 117
of the Agriculture and Markets Law.
[Amended 12-7-2010 by L.L. No. 3-2010]
C. Seized dogs may be redeemed by producing proof of
licensing and identification pursuant to the provisions of Article
7 of the Agriculture and Markets Law and by paying redemption fees
as applicable below:
[Amended 7-10-2001 by L.L. No. 2-2001; 8-5-2008 by L.L. No.
3-2008; 3-20-2018 by L.L. No. 1-2018]
(1) Seizure:
(a)
For the first seizure: $150.
(b)
For the second seizure within five years: $325.
(c)
For the third seizure within five years: $425.
(d)
For the fourth and each subsequent seizure within the preceding
five years: $525.
(2) Impoundment:
(a)
For the first impoundment: $150.
(b)
For the second impoundment within five years: $275.
(c)
For the third impoundment within five years: $275.
(d)
For the fourth and each subsequent impoundment within the preceding
five years: $275.
(3) Shelter fees during impoundment: an amount established from time
to time by resolution of the Town Board.
(4) All other costs and expenses related to impoundment, including but
not limited to sheltering, feeding, watering, medical treatment and
other care: an amount established from time to time by resolution
of the Town Board.
D. If the owner of any unredeemed dog is known, such owner shall be required to pay the fees set forth in Subsection
C of this section whether or not such owner chooses to redeem his or her dog.
E. Any dog unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption or euthanized
pursuant to the provisions of § 118 of the Agriculture and
Markets Law.
F. No action shall be maintained against the Town of
Mamakating, any Dog Control Officer and/or peace officer when acting
pursuant to his special duties, or any other agent or officer of the
Town of Mamakating or person under contract to said 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 chapter or the Agriculture and Markets Law.
[Added 10-3-1996 by L.L. No. 3-1996]
Any Dog Control Officer, peace officer when
acting pursuant to his special duties or police officer acting in
the Town of Mamakating observing a violation of this chapter in his
or her presence shall issue and serve an appearance ticket for such
violation.
[Amended 10-4-1990 by L.L. No. 7-1990; 10-3-1996 by L.L. No.
3-1996; 7-10-2001 by L.L. No. 2-2001; 8-5-2008 by L.L. No.
3-2008]
A violation of this chapter shall be punishable
by a fine of:
A. One hundred twenty-five dollars for the offense, together
with any other disposition authorized by the Penal Law upon conviction
of a violation.
B. Two hundred fifty dollars for the second offense within
five years, together with any other disposition authorized by the
Penal Law upon conviction of a violation.
C. Three hundred dollars and/or up to 15 days in jail
for a third offense within five years, together with any other disposition
authorized by the Penal Law upon conviction of a violation.
[Added 5-13-2003 by L.L. No. 6-2003]
The Dog Control Officer is hereby authorized
to prosecute in the Town Justice Court in the Town of Mamakating any
violation of this chapter or the Agriculture and Markets Law under
the jurisdiction of the Dog Control Officer, regardless of whether
the penalty for such violation be deemed a violation or misdemeanor
under the Code of the Town of Mamakating and/or the laws of the State
of New York.