[Adopted 7-12-1954 (Ch. 27 of the 1971 Code); amended in
its entirety 4-23-2007 by L.L. No. 1-2007]
[Amended 12-21-2010 by L.L. No. 3-2010[1]]
A.
This § 161-1 is enacted pursuant to the New York Municipal Home Rule Law and the Agriculture and Markets Law to provide for the licensing, identification and control of dogs. Effective January 1, 2011, the State of New York has relinquished the responsibility of dog licensing function to local municipalities and will eliminate the Animal Population Control Fund. Local municipalities will now be required to adopt legislation relating to this issue, which is the purpose of this section.
B.
This section is enacted pursuant to the provisions of Article 7 of
the Agriculture and Markets Law as amended by Part T of Chapter 59
of the Laws of 2010 and the Municipal Home Rule Law of the State of
New York, as the same may be subsequently amended and supplemented.
C.
ANIMAL/DOG CONTROL OFFICER
CITY
CLERK
DOG
HARBOR
IDENTIFICATION TAG
OWNER
All words, terms or phrases used herein shall have the meanings indicated
below or as defined in the Agriculture and Markets Law. If no specific
definition is set forth, all words shall have their usual and customary
meaning in the English language. Words used in the present tense include
the future and the plural includes the singular. The word "shall"
is intended to be mandatory.
The City of Middletown, Orange County, New York.
The City Clerk, or Deputy City Clerk, of the City, or his
or her agent.
Any member of the species Canis familiaris.
To provide food or shelter to any dog.
A tag issued by the Clerk that sets forth an identification
number, as required by the provisions of this section.
Any person who harbors or keeps any dog.
D.
Dog licensing requirements, procedures and fees.
(1)
License application.
(a)
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for
any dog under the age of four months that is not at large or that
is residing in a pound or shelter maintained by or under contract
or agreement with the state or any county, city, town or village,
any duly incorporated society for the prevention of cruelty to animals,
duly incorporated humane society or duly incorporated dog protective
society.
(b)
Application for a dog license shall be made to the Clerk and
shall be accompanied by the appropriate license fee, as specified
below.
(c)
The application shall state the sex, actual or approximate year
of birth, breed, color(s), and municipal identification number of
the dog, and other identification marks, if any, and the name, address,
telephone number, county and residence of owner, and such other information
as deemed necessary by the Clerk.
(d)
In the case of a spayed or neutered dog, every application shall
be accompanied by a certificate signed by a licensed veterinarian
showing that the dog has been spayed or neutered, provided that such
certificate shall not be required if the same is already on file with
the Clerk.
(e)
The application shall be accompanied by a statement certified
by a licensed veterinarian showing that the dog or dogs have been
vaccinated to prevent rabies or, in lieu thereof, a statement certified
by a licensed veterinarian stating that because of age or other reason,
the life of the dog or dogs would be endangered by the administration
of vaccine. The Clerk shall make or cause to be made from such statement
a record of such information and file such record with a copy of the
license.
(2)
License fees. The fee for a dog license shall be as follows:
(a)
Unspayed/unneutered dog: $23 per year (includes state-mandated
surcharge of $3).
(b)
Spayed/neutered dog: $11 per year (includes state-mandated surcharge
of $1).
(c)
For puppies under four months: $10.
(d)
Upon submission of proper documentation, there shall be no fee charged for the license issued for any detection dog, guide dog, hearing dog, police work dog, service dog, therapy dog, war dog or working search dog, as such terms are defined by the Agriculture and Markets Law or by Article I of this Chapter 161.
(e)
In addition to other applicable fees, any person applying for
a dog license for a dog indentified as unlicensed during an enumeration
shall pay an additional fee of $25. Such additional fee shall be used
to pay the expenses incurred by the City in conducting the enumeration,
if the City conducts such an enumeration. In the event that the additional
fees collected exceed the expenses incurred by the City in conducting
an enumeration in any year, such excess fees may be used by the City
for any other lawful purpose.
(f)
In the event any person applying for a dog license has failed to
pay for or renew a dog license for all or part of any prior year,
such person must pay to the City all licensing fees that would have
been due and payable in such prior years along with the licensing
fees due and payable for the current year for which such person is
applying for a dog license. By way of example, if the owner of a dog
applies for a dog license to cover the year from May 1, 2012, through
April 30, 2013, but should have obtained or renewed a license for
that dog for the prior three years and failed to do so, such person
must pay the licensing fees for the year May 1, 2012, through April
30, 2013, as well as the applicable licensing fees for the prior three
years.
[Added 4-3-2012]
(3)
Upon validation by the Clerk, the application shall become a license
for the dog described therein. Once an application has been validated,
no refund shall be made.
(4)
The Clerk shall provide a copy of the license to the owner and retain
a record of the license in either paper or electronic format.
(5)
A license shall be renewed after a period of one year beginning with
the first day of the month following the date of issuance. Renewal
shall be for a minimum of one year and shall not exceed three years,
based on the validation term of the rabies vaccination.
(6)
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog. The original issued identification tag shall
remain the same for the life of the dog.
(7)
No dog can be adopted out of the City's animal shelter without first
obtaining a license from the Clerk.
E.
Identification of dogs.
(1)
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, a permanent municipal identification number. Such
identification number shall be carried by the dog on an identification
tag that shall be affixed to a collar on the dog at all times.
(2)
The identification number shall constitute the official identification
of the dog to which it is assigned, regardless of changes of ownership,
and the number shall not be reassigned to any other dog during the
lifetime of the dog to which it is assigned.
(3)
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no charge. Any replacement tag shall
be obtained by the owner at his expense at a fee of $5.
(4)
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number has
been assigned.
(5)
The identification tag shall be imprinted with the words "City of
Middletown" and "State of New York," a unique identification number,
and the telephone number of the Clerk's office.
F.
Change of ownership, lost or stolen dogs. In accordance with the provisions of § 112 of the Agriculture and Markets Law:
(1)
In the event of a change in ownership of any dog that has been assigned
an identification number or in the address of the owner of record
of any such dog, the owner of record shall, within ten (10) days of
such change, notify the Clerk.
(2)
If any dog that has been assigned a municipal identification number
is lost or stolen, the owner of record shall, within ten (10) days
of the discovery of such loss or theft, notify the Clerk.
(3)
In the case of a dog's death, the owner of record shall so notify
the Clerk, either prior to renewal of license or upon the time of
such renewal.
G.
Seizure and impoundment. In accordance with § 117 of the Agriculture and Markets Law:
(1)
The Animal/Dog Control Officer shall seize:
(a)
Any dog which is not licensed, whether on or off the owner's
premises.
(b)
Any licensed dog which is not in the control of its owner or
custodian or not on the premises of the dog's owner or custodian,
if there is probable cause to believe the dog is dangerous
(c)
Any dog which poses an immediate threat to the public safety.
(2)
The Animal/Dog Control Officer, when acting pursuant to his or her
special duties, shall make and maintain a complete record of any seizure
and subsequent disposition of any dog. Such record shall include,
but not be limited to, a description of the dog, the date and hour
of seizure, the municipal identification number of the such dog (if
any), the location where seized, the reason for the seizure and the
owner's name and address, if known.
(3)
Each dog seized in accordance with the provisions of this section
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided.
(4)
Each dog which is not identified, whether or not licensed, shall
be held for a period of five 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 has been licensed and has been identified
pursuant to the provisions of this section and further provided that
the owner pays the following impoundment fees:
[Amended 7-10-2012; 2-5-2013; 12-17-2013; 10-21-2014; 12-20-2016; 12-4-2018]
(a)
Up to $325 for the first impoundment of any dog owned by that
person.
(b)
Up to $350 for the second impoundment, within one year of the
first impoundment, of any dog owned by that person.
(c)
Up to $375 for the third and subsequent impoundments, within
one year of the first impoundment, of any dog owned by that person.
(5)
If, at the end of the appropriate redemption period, said dog has
not been redeemed by its owner, the owner shall forfeit all title
to the dog and it shall be available for adoption or be released to
an authorized humane society or shelter.
(6)
Prior to releasing a dog to its owner or adopting out a dog, the
Animal/Dog Control Officer shall deliver to the owner a statement
of number of days the dog has been in the shelter and the costs for
any veterinary care, which statement the owner shall take to the Clerk
to whom all fees due and owing for the shelter and veterinary care
shall be paid, together with the impoundment fees and any licensing
fees, whereupon the Clerk shall give a receipt to the owner who shall
then deliver it to Animal/Dog Control Officer, at which time such
dog may be released to owner.
[1]
Editor’s Note: This local law provided for an effective
date of 1-1-2011.
[Amended 4-3-2012]
All dogs in the City of Middletown, New York,
whether or not tagged or licensed, shall be restrained by a leash
while off the owner's premises, and any dog not so restrained and
found off the owner's premises shall be seized by any peace officer,
Animal Control Officer, Dog Warden or designated representative of
the Commissioner of Agriculture and Markets and held, sold, redeemed
or destroyed in accordance with the provisions of the New York State
Agriculture and Markets Law or this article. In addition, any dog
that is restrained by a leash or other type of restraint while off
the owner’s premises and while in a public area, or in a common
area of a residential or commercial property, or in the public right-of-way,
must be attended and supervised at all times by the owner of the dog
or an agent of the owner, so that such dog does not impede or affect
the safe passage by or presence of members of the public through,
in or over such public area, common area of a residential or commercial
property or the public right-of-way.
No person shall permit his dog to run at large.
[Amended 3-23-2009]
A.
No person shall permit his or her dog to howl or bark
at any time of the day or night for a period in excess of 15 minutes
continuously.
B.
No person shall permit his or her dog to howl or bark
during the hours between 10:00 p.m. and 8:00 a.m. for a period in
excess of five minutes continuously. No conviction shall be allowed
under this subsection without the corroborating testimony of at least
one witness from a property other than that owned or occupied by the
complainant. It shall be an affirmative defense to such violation
if the owner of the dog proves that the only reason the dog was barking
or howling was that the dog was being provoked by a person or was
acting as a guide dog, hearing dog, service dog or police work dog.
A.
Removal of feces required. Any person owning or in
charge of any dog which soils, defiles, defecates on or commits any
feces on any common thoroughfare, sidewalk, passageway, 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, shall
immediately remove all feces deposited by any such dog, in a sanitary
manner.
B.
Disposal of feces. The feces removed from the aforementioned
designated areas shall be disposed of by the person owning or in charge
of any such dog in a sealed, nonabsorbent, leakproof container.
C.
Exception for guide dogs. The provisions of this section
shall not apply to blind persons who may use dogs as guides.
A “service dog” is any dog which
has been or is being trained to do work for the benefit of a person
with a disability, provided that the dog is or will be owned by that
person, his or her parent, guardian or legal representative. “Disability”
is now the same definition as used in the Executive Law[1] as a physical, mental or medical impairment resulting
from anatomical, physiological, genetic or neurological conditions
which prevents the exercise of a normal bodily function or is demonstrable
by medically accepted clinical or laboratory techniques or a record
of such an impairment or a condition regarded by others as such an
impairment.
[1]
Editor's Note: See § 292 of the
Executive Law.
Detection dogs are also now exempt from license
fees. This includes dogs trained and used to detect controlled substances,
explosives, firearms, cadavers, or school or correctional facility
contraband. Search and rescue dogs are also still exempt under the
working search dog classification.
Effective January 1, 2003, any dog which is
trained to aid the emotional and physical health of patients in hospitals,
nursing homes, retirement homes and other settings and is actually
used for such purpose or any dog owned by a recognized training center
located within the state during the period such dog is being trained
or bred for such purpose is exempt from license fees. New York State
recognizes the following two institutes, Therapy Dog International,
Inc., and the Delta Society, as training centers.
A.
No more than four dogs over four months old may be
harbored or permitted to remain in any dwelling unit or lot in the
City of Middletown.
B.
Any person who violates any of the provisions of this
section shall be guilty of an offense within the meaning of the Penal
Law of the State of New York and, upon conviction thereof, shall be
subject to a fine of not less than $50 nor more than $500 for each
violation and, in addition, may be required by the court in its discretion
to pay restitution to the City of Middletown for any expenses associated
with the seizure, impoundment, shelter, care or destruction of the
violator's dogs. Each day that a violation is permitted to exist shall
constitute a separate offense.
C.
In the event that a law enforcement agent or Animal
Control Officer has probable cause to believe that a dog is being
harbored or permitted to remain in any dwelling unit or lot in violation
of this section, the law enforcement officer or Animal Control Officer
may petition the Middletown City Court to order the seizure and impoundment
of the dog pending a hearing. The owner or custodian of any dog seized
and impounded pursuant to this section shall be afforded a hearing
upon appropriate notice within five days of said seizure to determine
if in fact a violation of the section occurred.
A.
Legislative intent. The Common Council has determined that there exists a need to address the situation of dangerous dogs in the City of Middletown by supplementing the provisions of § 121 of the Agriculture and Markets Law of the State of New York.
B.
Applicability. The provisions of this section shall
be deemed to supplement applicable state and local laws, ordinances,
codes or regulations, and nothing in this section shall be deemed
to abolish, impair, supersede or replace existing remedies, rights
or requirements of any other applicable state and local laws, ordinances,
codes or regulations.
C.
DANGEROUS DOG
(1)
(a)
(b)
(c)
(d)
(e)
(2)
SERIOUS PHYSICAL INJURY
Definitions. As used in this section, the following
terms shall have the meaning indicated:
Includes:
Any dog with a known propensity, tendency or
disposition to attack unprovoked, to cause injury or to menace or
to otherwise endanger the safety of human beings;
Any dog which attacks a human being without
provocation;
Any dog which attacks another dog/cat on the
latter's own premises without provocation and which inflicts serious
physical injury upon such other dog/cat;
Any dog owned or harbored primarily or in part
for the purpose of dog fighting or any dog trained for dog fighting;
or
Any dog designated as dangerous by the Animal
Control Officer or Police Chief of the City of Middletown.
[Amended 11-8-2010]
No dog shall be deemed dangerous if it bites,
attacks or menaces a trespasser on the property of its owner or harms
or menaces anyone who has tormented or abused it.
Death, dismemberment, fracture or any injury to a dog/cat
which in the opinion of a licensed veterinarian threatens the life
of such dog/cat.
D.
Confinement and care of dangerous dogs.
(1)
No person owning or harboring or having the care or custody of a dangerous dog shall suffer or permit such dog to go unconfined on the premises of such person. A dangerous dog is "unconfined" as the term is used in this section if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or dog run area upon the premises of said person. Such pen or dog run area must also have either sides six feet high or a secure top, must be at least 10 feet from the property line of any adjoining premises, and must comply with Chapter 475, Zoning, § 475-37, Fences. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot.
(2)
No person owning or harboring or having the care or
custody of a dangerous dog shall suffer or permit such dog to go beyond
the premises of such person unless such dog is securely muzzled and
restrained with a chain having a minimum tensile strength of 300 pounds
and not exceeding three feet in length.
(3)
No person shall possess with intent to sell, offer
for sale, breed, or buy or attempt to buy within the City of Middletown
any dangerous dog.
(4)
All persons owning or harboring or having the care
or custody of a dangerous dog shall post their premises with a clearly
visible warning sign that there is a dangerous dog on the property.
In addition, the owner or custodian of a dangerous dog shall conspicuously
display a sign to be obtained by the Animal Control Officer of the
City of Middletown. Said sign shall contain a warning symbol that
informs children of the presence of a dangerous dog.
(5)
All persons owning or harboring or having the care
or custody of a dangerous dog shall procure and maintain a liability
policy with limits not less than $100,000, combined single limit bodily
injury and property damage, for injury or damage caused by the dog.
[Amended 7-24-2012]
(6)
The owner or custodian of any dangerous dog shall
immediately notify the Middletown Police Department or Middletown
Animal Control Officer if said dangerous dog is unconfined or has
bitten a human being, domestic animal, dog or cat.
(7)
The owner or custodian of any dangerous dog shall
give 72 hours' notice to the Animal Control Officer of the City of
Middletown prior to the giving away or transfer of ownership of any
dangerous dog. Said notice must provide the Animal Control Officer
with the name, address and telephone number of the new or proposed
owner or custodian of the dangerous dog.
E.
Illegal training of dogs. No person shall own or harbor
any dog for the purpose of dog fighting or train, torment, badger,
bait or use any dog for the purpose of causing or encouraging said
dog to unprovoked attacks upon human beings, domestic animals, dogs
or cats.
F.
Enforcement.
(1)
In the event that a law enforcement agent or Animal Control Officer has probable cause to believe that a dog is being harbored or cared for in violation of this section, the law enforcement agent or Animal Control Officer may petition the Middletown City Court to order the seizure and impoundment of the dog pending hearing. In the event that a law enforcement agent or Animal Control Officer has probable cause to believe that a dangerous dog is being harbored in violation of Subsection D(2) or that any dog is being harbored in violation of Subsection E or that any dog has attacked a human being, the law enforcement agent or Animal Control Officer may seize and impound the dog pending hearing.
(2)
Any person may make a complaint under oath or affirmation
to the Middletown City Court of any violation of this section.
(3)
The owner or custodian of any dog seized and impounded
pursuant to this section shall be afforded a hearing upon appropriate
notice within five days of said seizure to determine if in fact a
violation of this section has occurred.
G.
Penalties. A violation of any provisions of this section
shall constitute an offense within the meaning of the Penal Law of
the State of New York punishable as provided for herein.
(1)
A fine of no less than $150 and no greater than $500
or by imprisonment for a period not exceeding 15 days, or by both
such fine and imprisonment, for a first offense.
[Amended 11-8-2010]
(2)
A fine of no less than $350 and no greater than $1,000
or by imprisonment for a period not exceeding 15 days, or by both
such fine and imprisonment, for a second or subsequent offense.
[Amended 11-8-2010]
(3)
Any person violating Subsection E, Illegal training of dogs, shall be subject to penalties as prescribed in § 351 of the Agriculture and Markets Law.
(4)
Any person violating the provisions of this section
may be required in the court's discretion to pay restitution to:
(5)
A Judge of the Middletown City Court may in his or
her discretion order the destruction of any dangerous dog owned or
harbored in violation of the provisions of this section when the court
determines that such dog represents a continuing threat of serious
harm to human beings.
(6)
A Judge of the Middletown City Court may, in his or her discretion,
order the removal from the City of Middletown of any dangerous dog
owned or harbored in violation of the provisions of this section when
the court determines that such dog represents a continuing threat
of serious harm to human beings or other animals.
[Added 5-21-2019]
H.
Contesting determination of dangerous dog. The owner or custodian of any dog determined by the Animal Control Officer or Police Chief of the City of Middletown to be dangerous within the meaning of this section may contest such designation by commencing an action as provided in Article 78 of the Civil Practice Law and Rules within 30 days of the mailing of the written notice provided for in Subsection I below.
[Amended 11-8-2010]
I.
Records; written notice. The City Clerk of the City
of Middletown shall keep records identifying by name and address the
owners or custodians of all dogs determined to be dangerous by the
Animal Control Officer or the Police Chief of the City of Middletown.
The Animal Control Officer shall provide all owners and custodians
of dangerous dogs with written notice of the provisions of this section.
[Amended 1-7-2008; 11-8-2010]
J.
Reporting of all animal bites. It shall be the duty
of every person within the City of Middletown, including every veterinarian
and physician practicing within the City of Middletown, to promptly
report to the Middletown Police Department or Middletown Animal Control
Officer any instance in which a person is bitten by a dog.
K.
Inspections. The Animal Control Officer of the City
of Middletown is hereby authorized to make appropriate and reasonable
inspections and inquiries to ensure compliance with this section.
[Amended 7-15-2014]
A.
No dogs shall be permitted in any park owned by the City of Middletown, except in areas specifically designated for such use by the Department of Recreation and Parks, or as otherwise set forth in § 161-7B below.
B.
There is established hereby a specific dog park area
in the City-owned Maple Hill Park, which is to be supervised by the
City’s Recreation and Parks Department. The following guidelines,
as the same may be amended from time to time by the Common Council,
are hereby adopted governing the use of the dog park:
|
City of Middletown Recreation and Parks Department Dog
Park Guidelines
| ||
|---|---|---|
|
•
|
Hours of operation: 8:00 a.m. to dusk. (Hours of operation are
subject to change at the discretion of the Superintendent of Recreation
and Parks, as deemed necessary.)
| |
|
•
|
Park users and dog owners assume all risks related to park use.
| |
|
•
|
The off-leash dog park does not permit children 10 years of
age and under or dogs under four months old.
| |
|
•
|
Children from 11 years of age to 17 years of age must be under
adult supervision at all times.
| |
|
•
|
Area A: small dogs (30 pounds or less).
| |
|
•
|
Area B: all dogs.
| |
|
•
|
Maximum of three dogs per adult.
| |
|
•
|
Dogs must be spayed or neutered.
| |
|
•
|
Dogs must be licensed by the City of Middletown and up-to-date
with vaccinations.
| |
|
•
|
A current license tag must be visible on each dog's collar.
| |
|
•
|
Dogs must be leashed when entering and exiting the off-leash
park area.
| |
|
•
|
Dogs are permitted to be off leash in the designated fenced
area only, and the gates must remain closed.
| |
|
•
|
Owners/responsible parties must carry a leash and maintain control
over their dogs at all times while in the park.
| |
|
•
|
Owners/responsible parties must clean up after their dogs and
dispose of dog waste in an appropriate container.
| |
|
•
|
Dogs are prohibited from digging. Any holes created must be
filled in by owners before leaving the park.
| |
|
•
|
No dog treats, human foods or drinks are permitted in the off-leash
park.
| |
|
•
|
No animals other than dogs are permitted within the off-leash
park area.
| |
|
•
|
Dog are not permitted on benches.
| |
|
•
|
Aggressive and/or threatening dogs are not permitted in the
off-leash park unless muzzled and leashed at all times.
| |
|
•
|
Aggressive behavior, dog bites to persons or dogs and/or other
such incidents must be reported to the Recreation and Parks Department
office at 845-346-4180, Monday through Friday, during the hours of
8:30 a.m. through 4:30 p.m., or 343-3151 on evenings and weekends.
| |
|
•
|
All other Recreation and Parks rules and regulations, as well
as all City of Middletown ordinances, apply.
| |
A.
Except as otherwise provided in Article 7 of the Agriculture and Markets Law, any person violating any provision or provisions of § 161-1 of Article I of Chapter 161 of the Code of the City shall be deemed to have committed an offense against such § 161-1, and any violation shall be punishable by a fine not exceeding $250 or by imprisonment for not more than 15 days, or both fine and imprisonment, for each offense. Any violation which continues beyond one day shall be deemed a separate violation and bear a separate penalty for each separate day, midnight to midnight, in which the violation occurs.
[Amended 12-21-2010 by L.L. No. 3-2010[1]]
[1]
Editor's Note: This local law provided for an effective date
of 1-1-2011.
C.
Any person who violates any of the provisions of § 161-7 of this article shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $500 and/or to imprisonment for not longer than 15 days in jail for each violation.
D.
Any person who violates any of the other provisions of this article shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $500 for each violation. Any person who violates any of the provisions of § 161-4 of this article shall, in addition, be subject, in the court's discretion, to a conditional discharge requiring one or more of the following directives:
[Amended 3-23-2009]
(1)
The subject dog(s) must not be left outside if the
owner or his/her family is not home;
(2)
The subject dog(s) must wear a bark collar when outside;
(3)
The owner of the subject dog(s) must install an outside
ultrasonic bark control system;
(4)
The subject dog(s) must be housed inside the residence
between 10:00 p.m. and 8:00 a.m. At any time the subject dog(s) is(are)
outside during these hours, it(they) must be accompanied by the owner
or suitable age person in charge of the dog(s);
Upon probable cause that any provision of this
article has been or is being violated, any law enforcement officer
or the Animal Control Officer of the City of Middletown is hereby
authorized to issue an appearance ticket, on a form prescribed by
the Animal Control Officer, directing the alleged violator to appear
to answer such charge in the Middletown City Court.
