As used in this article, the following terms
shall have the meanings indicated:
DOG
Any animal of the species Canis familiaris.
OWNER
Any person who is the licensed owner or last licensed owner
of a dog, or any person who harbors a dog for more than one week.
If the "owner" of a dog is under the age of 18 years, the "owner"
of the dog shall be deemed the parent or guardian for the purpose
of this article.
It shall be unlawful for any owner or any person
harboring any dog in the Village of Tuxedo Park, New York, to permit
or allow such dog to:
A. Engage in biting of a person or other animal, or engage
in loud howling or barking that creates noise clearly audible beyond
the subject property line that disturbs or annoys a reasonable person
of normal and average auditory sensitivities, other than the owner
or person harboring such dog. Where such howling or barking occurs
for any 15 minutes within an hour period (whether or not continuous),
such barking or howling shall be presumptive evidence of a noise disturbance.
[Amended 8-25-2015 by L.L. No. 3-2015]
B. Cause damage or destruction to public or private property
or commit a nuisance upon the premises of a person other than the
owner or person harboring such dog.
C. Chase or otherwise harass any person in such manner
as to reasonably cause intimidation or put such person in reasonable
apprehension of bodily harm or injury.
D. Habitually chase or bark at motor vehicles.
E. Remain in the Village of Tuxedo Park unless licensed
and cared for in accordance with the provisions of this article and
the New York State Agriculture and Markets Law.
This chapter shall be enforced by the Village
Police Department.
The Village police officer observing a violation
of this article, or to whom a written complaint of such violation
is made by any other person, shall issue and serve an appearance ticket
for such violation, which appearance ticket shall be in the form prescribed
by the Village Board and in accordance with the provisions of § 114
of the Agriculture and Markets Law of the State of New York. Such
ticket shall provide that an answer thereto may be made by registered
or certified mail, return receipt requested, within five days of the
date thereof. Such appearance ticket shall include and contain a form
whereby the person charged may admit to the violation or deny the
same and shall contain a schedule of penalties for such violations
as set forth in this article. A person answering such appearance ticket
by mail as herein provided and admitting the violation charged therein
shall submit with such answer a check or money order in the amount
of the penalty for the violation charged. A person answering such
appearance ticket by mail as hereinabove provided and denying part
or all of the violation charged shall so indicate such denial in the
place provided in the appearance ticket and shall forward the same,
together with security in the amount of $25, to the office specified
on such appearance ticket. Upon receipt, such answer shall be entered
and a new return date established by said office. Such person shall
be notified by return mail of the date and place of such return date,
and the security shall be returned upon appearance thereat. If a person
shall fail to appear at a return date, the security posted to secure
such appearance shall be forfeited, and a summons or warrant of arrest
may be issued pursuant to the Criminal Procedure Law.
Any dog which is in violation of the provisions
of this article shall be impounded and taken to such place as may
be designated by the Village Board as a place of detention and shall
there be tested for rabies, as deemed necessary, and be properly fed
and cared for at the expense of the owner of the dog until disposition
thereof shall have been made in accordance with the provisions of
this article.
In the event that the dog seized bears a license
tag, the person seizing the dog shall, within three days thereafter,
ascertain the name of the owner and notify the owner of such dog,
personally or by certified mail, return receipt requested, that the
dog has been seized, indicating when, where and why the dog was seized
and stating that the dog will be destroyed unless redeemed or a trial
is demanded within 12 days of the impounding of the dog.
In the event that the dog seized does not bear
a license tag and the owner is unknown, the Dog Warden shall be authorized
to destroy the dog seven days after impounding it or to dispose of
the dog by sale or other means.
If a dog is redeemed pursuant to this article,
the owner shall pay to the appropriate official such fees as are provided
in the standard schedule of fees of the Town of Tuxedo.
Any person committing an offense against any
provision of this article shall, upon conviction, be guilty of a violation
punishable by a fine of not more than $25 for the first offense, of
not less than $25 nor more than $50 for the second offense and a fine
of not more than $75 for the third offense and all subsequent offenses.