[HISTORY: Adopted by the Town Board of the Town of Wappinger 6-25-2001 by L.L. No. 4-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 68.
A. 
The Town Board finds that the uncontrolled production, discharge or depositing of canine feces/waste is unsightly, unsanitary and imposes a threat to the health, safety and welfare of the residents of the Town of Wappinger. The Town Board has determined that it will serve the public interest by prohibiting the production, discharge or depositing of canine feces/waste on public or private property, except on the property of the owner or the person in charge of the dog as hereinafter set forth.
B. 
The purpose of this chapter is to prohibit canine defecation on public property or on private property, unless consent has been so given by the private property owner.
A. 
It shall be unlawful for the owner of any dog or any person in possession, custody, control or in charge of any dog to allow such dog to defecate or urinate on public property or on any private property without the permission of the owner of said property.
B. 
The prohibition set forth in this section shall not apply to the paved portion of any public street or highway lying between the curb lines or shoulders of said street or highway, which may be used by a dog owner or person in possession, custody, control or in charge of any dog to allow the dog to defecate on the paved portion of the road bed, provided that:
(1) 
The person who allows such dog to defecate on a public street or highway must immediately remove such canine feces/waste by placing same in a plastic bag or other proper receptacle and properly disposing of same in container for the disposal of refuse; and
(2) 
Canine feces/waste shall never be disposed of in sewers or storm drains under any circumstances.
In the event that any dog defecates on any public property or private property without permission of the owner, it shall be the duty of such dog owner or person in possession, custody, control or in charge of such dog, upon being notified that said dog has defecated or deposited canine feces/waste on such public or private property, to immediately remove such canine feces/waste by depositing same in a plastic bag or other proper receptacle and properly disposing of same in a container for the disposal of refuse.
The provisions of this chapter shall not apply to a guide dog, hearing dog or service dog accompanying any person with a disability, as defined in § 292, Subdivision 21, of the New York State Executive Law.
[Amended 8-18-2003 by L.L. No. 10-2003]
This chapter will be enforced by the Animal Control Officer, the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger.
[Amended 3-22-2004 by L.L. No. 5-2004]
A conviction of a violation of this chapter shall constitute a violation punishable by a fine or civil penalty in the amount set forth in Chapter 122, Article V, § 122-20E of the Code.