[Adopted 8-11-1982 by Ord. No. 82-1
(Ch. 54 of the 1973 Municipal Code)]
The Town of Warwick, New York, finds that the
running at large and other uncontrolled behavior of dogs has caused
physical harm to persons, damage to property and created nuisances
within the Town. The purpose of this article is to protect the health,
safety and well-being of persons and property by imposing restrictions
and regulations upon the keeping or running at large of dogs and the
seizure thereof within the Town.
This article is enacted pursuant to the provisions
of § 124 of Article 7 of the Agriculture and Markets Law.
The title of this article shall be the "Dog
Control Ordinance of the Town of Warwick."
As used in this article, the following terms
shall have the meanings indicated:
AT LARGE
Any dog that is unleashed and on property open to the public
or is 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 to be at large if it is:
A.
Accompanied by and under the immediate supervision
and control of the owner or other responsible person;
B.
A police work dog in use for police work; or
C.
Accompanied by its owner or other responsible
person and is actively engaged in hunting or training for hunting
on unposted land or on posted land with the permission of the owner
of the land.
HARBOR
To provide food or shelter to any dog.
OWNER
Any person who harbors or keeps any dog. In the event any
dog found in violation of this article shall be owned by a person
under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person (or the head of the household in which
said person resides).
It shall be unlawful for any owner of any dog
to permit or allow such dog, in the Town of Warwick, to:
B. Engage in loud howling, barking, crying or whining
or conduct itself in such manner as to unreasonably or habitually
annoy any person.
C. Cause damage or destruction to property or commit
a nuisance by defecating or urinating upon the premises of a person
other than the owner of such dog.
D. Chase or otherwise harass any person in such manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
E. Habitually chase, run alongside of or bark at motor
vehicles or bicycles.
This article shall be enforced by any dog control
officer, peace officer, when acting pursuant to his special duties,
or police officer in the employ of or under contract to the Town of
Warwick.
Any person who observes a dog in violation of
this article may file a complaint under oath with a Justice of the
Town of Warwick, 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 may serve as the basis for
enforcing the provisions of this article.
Any dog control officer, peace officer, when
acting pursuant to his special duties, or police officer in the employ
of or under contract to the Town of Warwick, having reasonable cause
to believe that a person has violated this article, shall issue and
serve upon such person an appearance ticket for such violation.
[Amended 6-23-1988 by L.L. No. 1-1988]
Any person convicted of a violation of this article shall be liable to a civil penalty as provided for in Article
II, §
77-14.
[Adopted 9-27-1978 by L.L. No. 2-1978
(Ch. 55 of the 1973 Municipal Code); amended in
its entirety 11-18-2010 by L.L. No. 5-2010]
The purpose of this article is to provide for the licensing
and identification of dogs. Effective January 1, 2011, the State of
New York has relinquished the responsibility of dog licensing function
to local municipalities and eliminated the Animal Population Control
Fund. Local municipalities will now be required to adopt legislation
relating to this issue.
As used in this article, the following terms shall have the
meanings indicated:
ADOPT
The delivery to any natural person 18 years of age or older,
for the purpose of harboring a dog, seized or surrendered, from the
Town's animal shelter.
CLERK
The Town Clerk, or Deputy Town Clerk, of the Town of Warwick,
where licenses are to be validated or issued.
DETECTION DOG
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
DOG
Any member of the species canis familiaris.
GEESE DOG
Any dog that is trained to aid the Animal/Dog Control Officer
in the control of geese within the boundaries of the Town.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred.
HARBOR
To provide food or shelter to any dog.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the State of New York during the period
such dog is being trained or bred for such training.
IDENTIFICATION TAG
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
OWNER
Any person who harbors or keeps any dog.
PERSON WITH DISABILITY
Any person with a disability as that term is defined in Subdivision
22 of Section 292 of the New York State Executive Law.
POLICE WORK DOG
Any dog owned or harbored by any municipal police department
or any state or federal law enforcement agency, which has been trained
to aid law enforcement officers and is actually being used for police
work purposes.
SERVICE DOG
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
THERAPY DOG
Any dog that 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 of New York
during the period such dog is being trained or bred for such purpose.
TOWN
Town of Warwick, including incorporated areas.
WAR DOG
Any dog which has been honorably discharged from the United
States armed services.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons and is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
[Amended 5-12-1994 by L.L. No. 3-1994; 2-16-2012 by L.L. No. 1-2012; 4-28-2016 by L.L. No. 3-2016]
Commencing on the effective date of this article,
the dog impoundment fees shall be as follows:
A. For the first impoundment: $50 plus $30 per day for boarding.
B. For the second impoundment within one year of the first impoundment:
$75 plus $30 per day for boarding.
C. For the third or subsequent impoundment within one year of the most
recent impoundment: $100 plus $30 per day for boarding.
[Amended 6-23-1988 by L.L. No. 1-1988; 2-16-2012 by L.L. No. 1-2012]
Commencing on the effective date of this article, penalties for violation of this article and of Article
I shall be civil penalties as follows:
A. For the first violation: $75.
B. For the second violation within five years: $100.
C. For the third or subsequent violation within five
years: $150.