[HISTORY: Adopted by the Board of Trustees
of the Village of Tuxedo Park 5-13-1961, amended in its entirety at time of adoption of Code; Ch.
1, General Provisions, Art. I. Subsequent amendments noted where applicable.]
As used in this article, the following terms
shall have the meanings indicated:
Any animal of the species Canis familiaris.
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.
A.
Dogs are permitted to run free within the Village,
provided that:
(1)
No more than two dogs owned by or in the custody of
one family unit shall be permitted loose off the property of their
owners at any given time.
(2)
Each dog allowed to run free is known to be nonvicious
and rabies-free.
(3)
The owner assumes full responsibility for his dog's
safety and actions on public and private property.
(4)
There is no outstanding prohibition from any Village
board or official.
B.
Dogs deemed dangerous, destructive or public nuisances
may be cited by the Police Department, Public Works Superintendent,
Building Inspector or Board of Trustees. Such dogs must be confined
to the owner's property or walked on a leash.
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.
A.
Any dog impounded pursuant to this article, which
is not redeemed or for which a trial has not been demanded within
the time hereinabove set forth, may be sold by the Dog Warden or destroyed
as provided above. The Warden is authorized to sell any such dog at
such price as the Warden shall determine to be fair and shall deposit
such sum in the general fund of the town. The town shall keep a record
of all such sales.
B.
Any dog required to be destroyed pursuant to this
article shall be humanely destroyed and its carcass disposed by the
Dog Warden. A record of all dogs destroyed by the Dog Warden pursuant
to this article shall be kept and maintained by the Dog Warden. The
owner or harborer of any dog destroyed under the provisions of this
article shall not be entitled to any compensation by reason thereof.
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.
A.
The Board of Trustees shall have authority, subject
to state and federal regulation, to control, as practicable, pests,
flora and wildlife populations within the Village.
B.
Animal traps, feeders, poisons, salt licks, spraying
and all other conditions affecting the local ecology, whether by public
or private means, may hereafter be regulated by said Board of Trustees.
C.
The use of damage nuisance control permits duly issued
by the New York State Department of Environmental Conservation (DEC)
damage nuisance permits under the authority of § 11-0521
of the Environmental Conservation Law, as amended from time to time,
is, in addition to the other powers granted in this chapter, specifically
authorized within the Village.
(1)
Notwithstanding anything contained in § 70-5 of this Code, the use of firearms and long bows in furtherance of a damage wildlife control permit is hereby authorized.
(2)
No such damage nuisance permit shall be utilized by
any resident within the Village except in strict conformance with
such rules and regulations pertaining to the use of such a permit
in the Village as may be adopted and amended from time to time by
the Board of Trustees by its specific resolution. In the absence of
such rules and regulations no such permit shall be utilized.
[1]
Editor's Note: This local law was repealed
2-23-2000 by L.L. No. 1-2000.
