[HISTORY: Adopted by the Town Board of the
Town of New Castle 4-8-75 by L.L.
No. 2-1975.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Master Fee Schedule — See Ch. 17.
[1]
Editor's Note: This local law also repealed former Ch. 57,
Dogs, adopted 11-9-1966 by L.L. No. 2-1966.
It appearing that dogs in the Town of New Castle
have, in some instances, been allowed to cause annoyance and damage
to the person and properties of others, and it appearing further that
dogs properly cared for serve a useful purpose, the Town Board of
the Town of New Castle adopts the following chapter to preserve the
relationship between a dog and his master and, at the same time, to
protect the health, safety and property of others from annoyance and
damage caused by dogs.
The title of this chapter shall be "Dog Control
Law of the Town of New Castle."
As used in this chapter, the following words
shall have the following respective meanings:
A domesticated, carnivorous animal known as "Canis familiaris."
Any corporation or natural person who is a licensed owner
of a dog and any person who keeps, feeds or harbors a dog for over
one week. The owner need not be a resident of the Town of New Castle;
but for a violation to occur, the dog must be in the Town limits of
the Town of New Castle.
[Amended 2-26-1985 by L.L. No. 4-1985]
[Added 9-26-1978 by L.L. No. 6-1978;
amended 10-14-1980 by L.L. No. 16-1980; 3-13-1990 by L.L. No. 14-1990; 12-10-1996 by L.L. No. 10-1996; 12-14-2010 by L.L. No. 13-2010]
A.
All dogs in the Town of New Castle must be licensed with the Town
Clerk by the age of four months and the owners are required to present
a current certificate of rabies at the time of licensing or the renewal
of an existing license.
B.
All dog licenses will be valid for a period of one year and will
expire at the end of the month one year from the date of issue.
C.
Fees for licensing of dogs:
(1)
The fee for a spayed or neutered dog shall be set by the Town Board
in the Master Fee Schedule or by resolution. It shall include a state
assessment pursuant to § 110, Subdivision 3, of the New
York State Agriculture and Markets Law, and additional funds for enumeration
as provided for by § 110, Subdivision 4(a), of the Agriculture
and Markets Law.
(2)
The fee for an unspayed or unneutered dog shall be set by Town Board
in the Master Fee Schedule or by resolution. It shall include a state
assessment pursuant to § 110, Subdivision 3, of the New
York State Agriculture and Markets Law, and additional funds for enumeration
as provided for by § 110, Subdivision 4(a), of the Agriculture
and Markets Law.
(3)
Enumeration fee. When the Town Board determines the need for a dog
enumeration, a fee set by the Town Board in the Master Fee Schedule
or by resolution shall be assessed to all dogs found unlicensed or
renewed within the Town of New Castle at the time enumeration is conducted.
(4)
Purebred licenses. The Town of New Castle does not issue purebred
or kennel licenses. All dogs will be licensed individually as per
the fee system stated above.
(5)
Service dogs. The Town of New Castle requires licenses for all dogs
living or harbored within the Town; however, the Town fee for licensure
of all types of services dogs listed in § 110, Subdivision
2, of the Agriculture and Markets Law, including, but not limited
to, guide dogs, service dogs, hearing dogs, and detection dogs, is
waived.
(6)
Shelters. The Town of New Castle does not allow the licensing of
dogs by a shelter. The shelter, at the time of adoption, must notify
the adoptive owners of their responsibility to license any dog who
will be living within New Castle with the New Castle Town Clerk within
30 days of adoption. The shelter must provide New Castle with a list
of adoptive owners monthly.
(7)
Seniors. Dogs owned by one or more senior residents, 65 years or
older, are exempt from Town licensing fees.
[Amended 2-26-1985 by L.L. No. 4-1985; 1-25-1994 by L.L. No. 5-1994; 3-26-2019 by L.L. No. 4-2019]
It shall be unlawful for any owner of or any
person harboring a dog to permit or allow such dog, while in the Town
of New Castle, to:
A.
Be off the premises owned or leased by the owner of such dog or on
the premises of another person without the express consent of such
person, unless it is under the physical control, by a leash not exceeding
eight feet in length or otherwise, or the visual and voice control
of its owner or a responsible person able to control the dog.
B.
Engage in habitual loud howling or barking, or to conduct itself
in such a manner so as to unreasonably annoy any person other than
the owner.
C.
Cause damage or destruction to property, or commit a nuisance upon
the premises of a person other than the owner.
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 or bark at motor vehicles.
F.
Cause, permit, suffer or allow such dog to soil, defile, defecate
on or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypath, play area, park or any other public property, provided that
the owner or harborer of a dog that permits that dog to soil, defile,
defecate on, or commit any nuisance on shall be responsible to clean
up, on an immediate basis, the fecal matter, defilement or other nuisance
waste. These restrictions shall likewise apply to any private property
unless such person shall have the express written permission of the
owner of said property.
[Amended 10-26-1976 by L.L. No. 8-1976]
The owner of any female dog shall confine such
female dog to the owner's premises during the period in which said
dog is in heat, unless such female dog is on a leash not exceeding
eight feet in length.
[Amended 10-14-1975 by L.L. No. 10-1975; 10-26-1976 by L.L. No. 8-1976]
A.
Any dog which violates § 57-4A or which does not have a valid license shall be impounded and taken to such place as may be designated by the Town Board as a place of detention and shall there be properly fed and cared for until disposition thereof shall have been made in accordance with the provisions of this chapter, Article 7 of the Agriculture and Markets Law and the General Municipal Law.
B.
The owner of any dog bearing a valid license tag so
seized may redeem the dog within 12 days by paying to the Town Clerk
a fee as set forth by resolution of the Town Board in the Master Fee
Schedule, which may be amended, for the first 24 hours, or part thereof,
of such detention, and a fee as set forth by resolution of the Town
Board in the Master Fee Schedule, which may be amended, for each succeeding
twenty-four-hour period, or part thereof, of such detention. If any
dog is not so redeemed, the owner shall forfeit all title to the dog,
and the dog shall be sold, given to any agency which trains Seeing
Eye dogs, given to a Police Department which trains dogs as guards
or destroyed in accordance with the provisions of law provided thereof.
[Amended 12-10-1996 by L.L. No. 10-1996; 9-10-2002 by L.L. No. 8-2002]
C.
The owner of any dog so seized and not bearing a valid
license tag may redeem the dog within seven days by paying to the
Town Clerk a fee as set forth in the Master Fee Schedule by resolution
of the Town Board, which may be amended, for the first 24 hours, or
part thereof, of such detention and a fee as set forth by resolution
of the Town Board in the Master Fee Schedule, which may be amended,
for each succeeding twenty-four-hour period, or part thereof, of such
detention. If any dog is not so redeemed, the owner shall forfeit
all title to the dog, and the dog shall be sold, given to any agency
which trains Seeing Eye dogs, given to a Police Department which trains
dogs as guards or destroyed in accordance with the provisions of law
provided thereof.
[Amended 12-10-1996 by L.L. No. 10-1996; 9-10-2002 by L.L. No. 8-2002]
[Amended 10-14-1975 by L.L. No. 10-1975]
A.
The Police Department of the Town of New Castle, the
Community Service Worker, the New Castle Dog Control Officer or the
representative of a humane society under contract with the Town shall
enforce the provisions of this chapter. The Community Service Worker,
the New Castle Dog Control Officer and the Town Police Department
shall be authorized to draw any information and obtain supporting
affidavits pursuant to the Criminal Procedure Law for submission to
the Town Justice Court as required for the enforcement of this chapter
and the provisions of Article 7 of the Agriculture and Markets Law.
[Amended 10-14-1980 by L.L. No. 16-1980; 2-26-1985 by L.L. No. 4-1985; 2-22-2000 by L.L. No. 2-2000]
B.
In each case where an officer of the Police Department, the Community Service Worker, the New Castle Dog Control Officer or a representative of a humane society designated by the Town Board as a Dog Control Officer believes a violation of any provision of this chapter has been committed in his presence, he may issue an appearance ticket, pursuant to the Criminal Procedure Law, for such alleged violation and shall provide, on a form approved by the Town Justices, on the reverse side of such appearance ticket, that an answer may be made by registered or certified mail, return receipt requested, within five days of issuance, as provided in Subsections C and D of this section, in lieu of personal appearance on the return date at the time and place specified in said appearance ticket.
[Amended 10-14-1980 by L.L. No. 16-1980; 2-26-1985 by L.L. No. 4-1985; 2-22-2000 by L.L. No. 2-2000]
C.
Admission of violation; penalties.
[Amended 10-26-1976 by L.L. No. 8-1976; 2-26-1985 by L.L. No. 4-1985]
(1)
If a person charged with a violation admits to the
violation alleged in the appearance ticket, he may complete the appropriate
form provided thereon and forward such form and appearance ticket
to the Clerk of the Town Justice Court. Said form shall provide for
the following schedule of penalties:
D.
If a person charged with a violation denies part or
all of the violation as charged in the appearance ticket, he may complete
the appropriate form likewise provided thereon for that purpose and
forward such form and appearance ticket, together with security in
the amount of $15 to the Clerk of the Town Justice Court. Upon receipt,
such answer shall be entered and a new return date established by
the Town Justice Court. Such person shall be promptly notified of
the new return date and the security shall be returned upon appearance
thereat. If a person shall fail to appear at a return date, when such
is provided pursuant to this section, the security posted shall be
forfeited and a summons or a warrant of arrest may be issued pursuant
to the Criminal Procedure Law.
[Amended 10-26-1976 by L.L. No. 8-1976; 2-26-1985 by L.L. No. 4-1985; 10-14-1986 by L.L. No. 16-1986; 12-14-2010 by L.L. No. 13-2010; 4-25-2012 by L.L. No. 3-2012]
A.
A person convicted of a violation of § 57-3.1A shall be liable to a fine of $25 for a violation within a twelve-month period, to a fine of $100 for a second violation within a twelve-month period and to a fine of $150 for a third or subsequent violation within a twelve-month period.
B.
A person convicted of a violation of any section of this chapter other than § 57-3.1A shall be liable to a fine of $50 for a violation within a twelve-month period, to a fine of $100 for a second violation within a twelve-month period, and to a fine of $150 for a third or subsequent violation within a twelve-month period.
[Added 2-26-1985 by L.L. No. 4-1985]
A.
Notwithstanding any other provision of law to the
contrary, a parent or legal guardian having custody of an infant less
than 18 years of age shall be held liable for any fine imposed against
such an infant who is found guilty, as an owner, of a violation of
this chapter, if said fine is not paid within 30 days. Such fine shall
be recoverable against a parent or legal guardian in a civil action
brought in a court of competent jurisdiction.
B.
It shall be a defense to such a civil action against
a parent or legal guardian that such a child has become emancipated
prior to the occurrence of the violation of this chapter.
[Added 2-26-1985 by L.L. No. 4-1985]
If any section of this chapter is declared to
be invalid, such decision shall not affect the validity of the ordinance
as to a whole or any part thereof other than the part so declared
to be invalid.
