[HISTORY: Adopted by the Town Board of the Town of Wilton 11-4-2010 by L.L. No. 6-2010. Amendments noted where applicable.]
Editor's Note: This local law also repealed former Ch. 53, Dogs, adopted 9-2-1999, as amended.
The Town Board of the Town of Wilton finds that the running-at-large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons and damage to property and have created nuisances within the Town. The purpose of this chapter is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running-at-large of dogs within the Town.
This chapter is enacted pursuant to the provisions of (Article 7, Chapter 59, Part T) of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
The title of this chapter shall be the "Dog Control Law" for the Town of Wilton.
As used in this chapter, the following words shall have the following respective meanings:
- Male and female, licensed and unlicensed, members of the specis canis famillaris.
- Any person(s), company or corporation harboring or keeping a dog, or a parent/guardian or other adult person with whom a minor dog owner resides.
- RUN AT LARGE
- To be in a public or on private land without the knowledge, consent and approval of the owner of such lands.
- The Town of Wilton.
It shall be unlawful for any owner of any dog in the Town to permit or allow the following:
Running at large: No dog shall run at large within the territorial limits of the Town of Wilton. A dog shall be deemed at large if elsewhere than on the premises of the owner, not accompanied by the owner or his agent having said dog under control at all times. All dogs must be restrained by adequate collar and leash or fenced by visible or invisible fence at the premises of the owner of such dog. A dog or dogs hunting in the company of a hunter or hunters does not constitute running at large.
Nuisance or barking dogs: No dog shall engage in prolonged habitual and loud howling, barking, crying, whining or conduct as to unreasonably and habitually disturb the comfort or repose of any person(s) other than the owner of such dog.
Property damage: No dog shall cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog. Specifically (but without limitation) no dog shall uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or the property without the consent or approval of the owner of said premises.
Bodily harm: No dog shall chase, jump upon or at or otherwise harass any person in such manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm.
Habitually chase: No dog shall chase, jump run alongside of or bark at motor vehicles, motorcycles or bicycles while on a public street, highway, or place, or upon private property without the consent or approval of the owner of such property.
Prohibition of dogs in Town parks: No dogs shall be allowed within the confines of Gavin Park. This section shall not apply to seeing eye dogs when the dogs are performing the functions for which they are trained, nor to dogs aiding or assisting disabled persons, nor to dogs actively engaged in police work or search and rescue activities. Leashed dogs are allowed at Camp Saratoga and Ruggles Road Park (Neilmann Parcel). A revocable permit is required, issued by the Town of Wilton, for use at Camp Saratoga and the Neilmann parcel. No dogs are permitted at Camp Saratoga during scheduled or community events.
Defecating on property owned or maintained by Town: No dog(s) shall be allowed to defecate on property owned or maintained by the Town of Wilton, and any such person who owns or is in charge of any dog which defecates upon property owned or maintained by the Town of Wilton shall immediately remove said waste to a sealed, leak-proof container and dispose of said waste within the confines of the dog owner's premises or other suitable disposal site. Property owned or maintained by the Town of Wilton shall include, but not be limited to, Town roadways, shoulders and right-of-way of said roadways, parks and public buildings.
Defecating on private property within the Town: No dog(s) shall be allowed to defecate on private property in the Town of Wilton unless said owner of the property gives permission for the deposit of said waste on said property. Any owner or person who is in charge of any dog which defecates upon private property without the permission of the property owner shall remove said waste immediately to a sealed leak-proof container and dispose of said waste within the confines of the dog owner's premises or other suitable disposal site.
All dog(s) in the Town of Wilton must be licensed with the Town Clerk by the age of four months, and a current Certificate of Rabies vaccination is required to be presented at the time of licensing or the renewal of an existing license.
All dog licenses will be for a period of one year and will expire at the end of the month one year from the date of issue.
Fees for licensing dogs: The fee for a spayed or neutered dog will be $5 annually (which includes the assessment of a surcharge of $1 for the purpose of carrying out animal population control). For seniors, (65 years or older) the fee will be $2.50 annually, and the fee for an unspayed or unneutered dog will be $13 annually (which includes the assessment of a fee of $3 for the purpose of carrying out animal population control). For seniors, (65 years or older) the fee will be $10 annually.
All dogs listed on a purebred license must be registered with a New-York-State-recognized purebred registry.
The Town of Wilton shall contract with an animal shelter to license dogs adopted by the residents of the Town of Wilton.
All dog licenses may be purchased and obtained by visiting the office of the Town Clerk or by regular mail. When licensing or renewing a license by mail the appropriate fee must accompany the forms. Fees are nonrefundable.
Fees for seizure of dogs. The fee for seizure and impoundment of dogs in violation of this chapter or the laws of the New York State Department of Agriculture and Markets Law shall be as set forth in § 118 of the Agriculture and Markets Law.
Any dog found to be running at large in violation of § 53-5A of this chapter or of § 118 of Agriculture and Markets Law, whether licensed or unlicensed, will be seized by the Dog Control Officer or peace officer and such dog shall be kept and disposed of in accordance with the provisions of Article 7 of Agriculture and Markets Law.
A Dog Control Officer designated by the Town Board, as provided in § 114 of the Agriculture and Markets Law, may enforce the provisions of this chapter and may also investigate and report to the Town Justice any dangerous dog, as described in § 121 of the Agriculture and Markets law, and see that the order or orders of the Town Justice in such case are carried out.
Any person(s) who observes a violation of this chapter or the New York State Agriculture and Markets law may file a signed complaint, under oath, with a Town Justice of the Town of Wilton specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and name and residence, if known, of the owner or other person harboring said dog.
Upon receipt by the Town Justice of any complaint against the conduct of any particular dog, the Town Justice may summon the alleged owner or other person harboring said dog to appear in person before him. If the summons is disregarded, the justice may permit the filing of the information and issue a warrant for the arrest of such person.
This chapter, as adopted by the Town of Wilton, relating to the keeping and control of dogs and provisions of Article 7 of the New York State Agriculture and Markets Law relating to the keeping and licensing of dogs, shall be enforced pursuant to the New York Penal Law.
Any dog in violation of this chapter may be apprehended and impounded under the provisions of this chapter and § 118 of the Agriculture and Markets Law.
Should any section or provision of this chapter be deemed to be unconstitutional or invalid by a court of law, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
This chapter shall supersede all prior local laws, ordinances, rules and regulations relative to the control of dogs within the Town of Wilton and they shall be upon the effectiveness of this chapter null and void.
This chapter shall become effective upon filing with the Secretary of State.