This chapter shall be known as the "Dog Control Law of the Town
of Shandaken."
The purpose of this chapter is to preserve the public peace
and tranquility in the Town of Shandaken and to adopt and enforce
certain regulations and restrictions on the activities of dogs and
owners of dogs for the public safety and welfare and for the preservation
and protection of the property and the persons and inhabitants of
the Town of Shandaken and to impose restrictions on the keeping, licensing
and identification of dogs within the Town of Shandaken.
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
AT LARGE
Any unleashed dog off the premises of the owner and on property
open to the public or on private property not owned or leased by the
owner of the dog, unless permission for such presence has been obtained.
No dog shall be deemed "at large" if it is:
A.
A police work dog in use for police work; or any other service
dog or guide dog.
B.
Accompanied by its owner or other responsible person and actively
engaged in sporting activity or training for that activity on private
land with the permission of the owner of the land.
DANGEROUS DOG
Pursuant to § 108, Subdivision 24, of the Agriculture
and Markets Law:
A.
Dangerous dog" means any dog which:
(1)
Without justification attacks a person, companion animal as
defined in Subdivision 5 of § 350 of this chapter, farm animal as defined in Subdivision 4 of § 350
of this chapter or domestic animal as defined in Subdivision 7 of this
section and causes physical injury or death; or
(2)
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
(3)
Without justification attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
B.
"Dangerous dog" does not include a police work dog, as defined
in Subdivision 18 of this section, which acts in the manner described in this definition
while such police work dog is being used to assist one or more law
enforcement officers in the performance of their official duties.
DOG
Both male and female members of the species Canis familiaris
and shall include the singular and plural.
DOG CONTROL OFFICER
A person or persons appointed by the Town of Shandaken for
the purposes of enforcing this chapter and Article 7 of the Agriculture
and Markets Law of New York State.
DOGHOUSE
An enclosed shelter that provides protection from the elements
for a dog.
DOG SHELTER
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
GUARD DOG
Any dog trained or used for the purpose of protection of
people, premises and/or business.
HARBOR
To provide food or shelter to any dog.
LEASHED
Restrained by a leash attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
OWNER
Any person, firm, association, corporation or entity who
or which at any time owns or has custody or control of or harbors
or is otherwise responsible for a dog, as well as any adult person
with whom a minor dog owner resides.
Any person owning a dog that has been found to be dangerous
by a Town Justice under the Agriculture and Markets Laws of New York
State and ordered by the court to be confined shall adhere to the
following restrictions unless otherwise ordered by the court. Failure
to adhere to these restrictions will result in said dog being seized
whether on or off the owner's property and euthanized by a local
veterinarian. Thereafter, the dog shall be buried by the veterinarian
or by the owner, at the owner's expense.
A. Said dangerous dog, when outside of the owner's dwelling, shall
be securely confined within an enclosed structure no smaller than
six feet by six feet. Said structure will be enclosed on four sides
and top. The floor area of said enclosure shall be concrete or other
type of material so as to prevent the dog from escaping by digging
out. The door, gate or other means of entry or egress shall be provided
with a lock or other device which cannot be opened by the dog. In
addition to preventing the dog from escaping, the enclosure must prevent
children or adults, other than owner of said dog, from gaining entry.
B. The yard, house or apartment in which the dangerous dog is confined
or housed shall be posted (tagged) with a conspicuous notice(s) or
sign(s) using the words "Beware of Dog" that warns the public of the
nature of the animal which is confined. The sign shall be displayed
on the front and rear of the property and at each side gate(s) or
entrance(s). A similar sign should be posted or adjacent to the front
door. The lettering of the prominent and conspicuous warning or notice
should be at least two inches in height.
C. Said dangerous dog, when outside the owner's dwelling or confinement,
shall be led by a chain or leash not exceeding six feet in length
and under the control of a responsible person capable of controlling
said dog.
D. Said dangerous dog shall be muzzled when off the owner's property.
E. The owner of said dangerous dog shall enroll said dog in an obedience
course. The dog must complete such course within 30 days of the court's
order. A certificate shall be presented to the Town of Shandaken upon
completion of said obedience course.
F. The owner of said dangerous dog shall notify the Town of Shandaken
Dog Control Officer immediately in the event that said dog escapes,
bites another animal and/or human, dies or has a change of address.
G. Said dangerous dog shall be spayed or neutered within 30 days of
the court's order, and proof of the same must be presented to
the Town of Shandaken Dog Control Officer.
H. The destruction of any dog seized by the Dog Control Officer or peace
officer as herein provided shall be accomplished by methods approved
by the New York State Veterinary Medical Society. No dog seized hereunder
shall be sold or surrendered to any person, firm, organization or
institution for experimental use.
The Town Board shall appoint a Dog Control Officer or Officers
as needed. It shall be the duty of the Dog Control Officer or Officers
to enforce the terms of this chapter and the provisions of the laws
of the State of New York with respect to dogs in the Town of Shandaken.
Any person who violates this chapter or knowingly permits the
violation of this chapter or any of its provisions or who shall molest,
obstruct or interfere with the Dog Control Officer while engaged in
the enforcement of this chapter shall be deemed to have committed
an offense against this chapter, and any person convicted of any such
violation shall be liable to the following fines:
A. No less than $15 nor more than $100 and/or imprisonment for not more
than 15 days for the first violation.
B. No less than $50 nor more than $100 and/or imprisonment for not more
than 15 days for a second violation which occurs within five years
of the first violation.
C. No less than $75 nor more than $100 and/or imprisonment for not more
than 15 days for the third and subsequent violations which occur within
five years of the first violation.
Any person who believes that he or she has observed a violation
of this chapter shall file a complaint under oath with the Dog Control
Officer of the Town of Shandaken 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 such dog. Such complaint shall serve as
the basis for enforcing the provisions of this chapter.
The provisions of this chapter shall supersede all prior inconsistent
local laws or ordinances regarding the licensing of dogs.
The provisions of this chapter are severable. If any part hereof
is held to be invalid or unconstitutional by a court of competent
jurisdiction, said determination shall not affect the validity of
the remaining provisions of this chapter.
The prior provisions of Chapter
69 of the Code of the Town of Shandaken and the prior amendments thereto are hereby repealed and replaced with the current text of Chapter
69 as set forth herein.
The provisions of this chapter shall take effect on January
1, 2011, after the filing of this chapter with the Secretary of State.