The purpose of this chapter is to promote the
health, safety and general welfare of the people of the Town of Stillwater,
New York, including the protection of the property of the Town and
its inhabitants, and the preservation of peace and good order by establishing
procedures for licensing of dogs, imposing restrictions upon the keeping
and running of dogs, and adopting provisions for the control of certain
other animals within the Town.
This chapter hereby repeals Local Law No. 3
of 1979 (Dog Control Law of the Town of Stillwater) and Local Law
No. 2 of 2003 (Dog Control Law of the Town of Stillwater).
As used in this chapter, the following terms
shall have the meanings indicated:
AT LARGE
Any animal that is off the premises of the owner or off the
premises of the custodian of the animal or not under the immediate
control of the owner or custodian. As used in this section, the term
"control" shall mean that the dog shall be held on a leash of sufficient
strength not exceeding 10 feet in length. No animal shall be deemed
to be at large if it is:
A.
A guide dog actually leading a blind person;
B.
A police work dog in use for police work;
C.
A dog 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; or
D.
A dog accompanied by its owner or other responsible
person, or left alone with a flock/herd of animals, when actively
engaged in agricultural operations such as herding or predator control.
COMMISSIONER
The State Commissioner of Agriculture and Markets.
CUSTODIAN
One that has an animal in his or her custody.
DOG
Any member of the species canis familiaris.
DOMESTIC ANIMAL
Any domesticated sheep, horse, cattle, llama, alpaca, goat,
swine, fowl, duck, goose, turkey, confined domestic hare or rabbit,
pheasant or other bird which is raised in confinement under license
from the State Department of Environmental Conservation before release
from captivity, except that the varieties of fowl commonly used for
cockfights shall not be considered domestic animals for the purposes
of this chapter.
GUIDE DOG
Any dog that is trained to aid the blind and is actually
used for such purpose, or any dog owned by a recognized guide dog
training center located within the state during the period such dog
is being trained or bred for such purpose.
HARBOR
To provide food or shelter to any animal.
HOUSEHOLD PET
Any dog, cat or other domesticated animal normally maintained
in or near the household of the owner or person who cares for such
domesticated animal. A "household pet" shall not be considered a "domestic
animal" as defined in this section.
IDENTIFICATION TAG
A tag which sets forth an official identification number
as required by the provisions of this chapter.
IDENTIFIED DOG
Any dog carrying an identification tag as provided in this
chapter.
[Amended 12-16-2010 by L.L. No. 1-2011]
OWNER
Any person who harbors or keeps any animal, except that,
if the owner is a person under 18 years of age, then the owner shall
be deemed to be the parent or guardian of such person.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant
to either this chapter or the Agriculture and Markets Law in effect
at time of licensure, except that, if any license is issued on application
of a person under 18 years of age, the owner of record shall be deemed
to be the parent or guardian of such person. If it cannot be determined
in whose name any dog was last licensed or if the owner of record
has filed a statement pursuant to the provisions of § 112
of Article 7 of the Agriculture and Markets Law, the owner shall be
deemed to be the owner of record of such dog, except that, if the
owner is under 18 years of age, the owner of record shall be deemed
to be the parent or guardian of such person.
[Amended 12-16-2010 by L.L. No. 1-2011]
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
POLICE WORK DOG
Any dog owned or harbored by any state or 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.
WAR DOG
Any dog which has been honorably discharged from the United
States Armed Services.
The Chief Animal Control Officer of the Town
of Stillwater shall have charge of the public pound to be run under
such rules and regulations as the Town Board may from time to time
approve.
No action may be maintained against the Town
of Stillwater and a duly designated Animal Control Officer of the
Town or any other agent of the Town for the possession or value of
damages for injury to or compensation for the destruction of a dog
seized or destroyed under the provisions of this chapter.
The provisions of this chapter shall not supersede,
but rather shall be supplementary to, the provisions of law contained
in Articles 7, 25-B and 26 of the Agriculture and Markets Law and
any other applicable ordinance, rule or regulation.
This chapter shall take effect upon filing with the Secretary of State, except that the provisions of §
62-10B shall take effect on October 1, 2004.