[HISTORY: Adopted by the Town Board of the
Town of Mamakating 6-22-1976 by L.L. No. 1-1976. Amendments noted where
applicable.]
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:
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.
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]
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]
Male and female, licensed and unlicensed members of the species
Canis familiaris.
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]
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]
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.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
Any real property situated within the Town of Mamakating
which is used for educational purposes or purposes incidental thereto.
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.
A.
It shall be unlawful for any owner of any dog in the
Town of Mamakating to permit or allow such dog to:
(1)
Run at large unless the dog is accompanied by its
owner or a responsible person able to control it by a leash restraint
actually being used. For the purpose of this chapter, a dog or dogs
hunting in company of a hunter or hunters shall be considered as accompanied
by their owner and are exempted from the requirement of having to
be controlled by a leash restraint actually being used.
[Amended 7-10-2001 by L.L. No. 2-2001]
(2)
Engage in habitual loud howling, barking, crying or
whining or conduct itself in such a manner so as to unreasonably and
habitually disturb the comfort or repose of any person other than
the owner of such dog.
(3)
Uproot, dig or otherwise damage any vegetables, lawns,
flowers, garden beds or other property not belonging to the owner
of such dog.
(4)
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.
(5)
Habitually chase, run along side of or bark at motor
vehicles and/or bicycles while on a public street or highway or upon
public or private property other than property of the owner or harborer
of said dog.
[Amended 10-3-1996 by L.L. No. 3-1996]
(6)
Create a nuisance by defecating, urinating or digging
on public property or private property other than the property of
said owner.
(7)
If a female dog, be off the owner's premises when
in heat.
(8)
Be at large on any school premises or recreational
areas, or the sidewalks adjacent thereto, unless said dog is on a
leash.
(9)
Cause damage or destruction to property upon premises
of other than the owner or person harboring the dog.
[Added 10-3-1996 by L.L. No. 3-1996]
(10)
Be
a dangerous dog.
[Added 12-7-2010 by L.L. No. 3-2010]
B.
Establishment of the fact or facts that a dog has
committed any of the acts prohibited by this section shall be presumptive
evidence against the owner or harborer of such dog that he has failed
to properly confine, leash or control his dog.
[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]
(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.
A.
Any person who observes a dog in violation of this
chapter 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 residence, if known, of the owner of the dog.
B.
Upon receipt by the Town Justice of any such complaint,
he shall summon the alleged owner to appear in person before him for
a hearing, at which both the complainant and 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:
(1)
The dog to be declared a vicious or dangerous dog
to be restrained by collar and leash at all times whether on or off
the owner's property.
(2)
The dog to be confined to the premises of the owner.
(3)
Such other remedy as may be warranted by the circumstances
in such case.
(4)
Imposition of a fine.
[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.
