[HISTORY: Adopted by the Town Board of the
Town of Putnam Valley as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-18-1982 by L.L. No. 7-1982 (Ch.
24 of the 1974 Code); amended in its entirety 4-21-1999 by L.L. No. 3-1999]
This article is enacted pursuant to the provisions
of Article 7 of the Agriculture and Markets Law of New York State
and Article 2 of the Municipal Home Rule Law of New York State.
The purpose of the article shall be to preserve
public peace and good order in the Town of Putnam Valley and to promote
the public health, safety and welfare of its people by enforcing regulations
and restrictions on the activities of dogs that are consistent with
the rights and privileges of other citizens of the Town of Putnam
Valley.
A.
This article applies to the Town of Putnam Valley.
B.
In the event that an animal owned by a nonresident
is harbored within the Town of Putnam Valley, such animal shall be
exempt from the identification and licensing provisions of this article
for a period of 30 days, provided that such animal is licensed pursuant
to the provisions of the law of its place of residence.
C.
This article shall not apply to any animal confined
to the premises of any incorporated society for the care of lost,
strayed or homeless animals or confined to the premises of any public
or private veterinary hospital or kennel.
As used in this article, the following terms
shall have the meanings indicated:
Sufficient for the age, size, physical condition and number
of animals on the premises.
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 at large if it is:
A guide dog actually leading a blind person.
A hearing dog actually assisting a deaf person.
A police dog in use for police work.
Accompanied by its owner or other responsible
person and it 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.
A Town stray while in the care and custody of
the Town of Putnam Valley.
Securely confined or restrained, or kept on the owner's premises
either within a building, kennel or other suitable enclosure, or securely
fastened on a chain, wire or other effective tether of such length
and so arranged that the animal cannot reach or endanger any person
on any adjacent premises or on any public street, way or place or,
if the dog is being transported by the owner, securely confined in
a crate or other container or so restrained in a vehicle that it cannot
be expected to escape therefrom.
Both male and female dogs.
Any individual appointed by the Town to enforce the provisions
of Article 7 of the Agriculture and Markets Law or any local law or
ordinance enacted pursuant thereto.
Any domesticated animal, including but not limited to sheep,
horses, cattle, goats, swine, fowl, ducks, geese, llamas, confined
snakes or lizards, ferrets, confined pigeons, quail, swans, turkeys,
confined domestic hares or rabbits, pheasants or other birds which
are raised in confinement including those raised under license from
the New York State Department of Environmental Conservation before
release from captivity, except that the varieties of fowl commonly
used for cock fights shall not be considered domestic animals for
the purposes of this article.
Restrained by a leash attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
Any person who keeps, harbors or has custody, care and control
of a dog and who is responsible for purchasing the license for such
dog unless the dog is or has been lost and such loss was promptly
reported to the Dog Control Officer and a reasonable search has been
made. If a dog is not licensed, the term "owner" shall designate and
cover any person or persons, firm, association or corporation who
or which at any time owns or has custody or control of, harbors or
is otherwise responsible for any dog which is kept, brought or comes
within the Town. Dogs owned by minors shall be deemed to be in the
custody, care and control of the parents or other head of the household
where the minor resides. Any person harboring a dog for a period of
one week shall be deemed the owner of the dog for the purpose of enforcing
this article.
Adequate protection from extreme weather conditions, direct
intense sunlight, wind, rain or snow and which is kept dry, sanitary
and properly maintained. If a dog is to be tethered, such tether must
be constructed of material of adequate strength and in such condition
as to prevent the dog from breaking it and escaping. Also, the tether
must be of sufficient length to permit exercise without the danger
of entanglement and to allow the dog to reach supplies of food and
water.
A.
Pursuant to §§ 107, 108, 109 and 110
of Article 7 of the Agriculture and Markets Law, no person shall own
or harbor a dog over the age of six months unless it is licensed.
C.
The application shall be accompanied by the license
fee and a certificate of rabies vaccination.
D.
In the case of a spayed or neutered animal, each application
shall also be accompanied by a certificate signed by a licensed veterinarian
or an affidavit signed by the owner showing that the animal has been
spayed or neutered. Such certificate or affidavit shall not be required
if the same is already on file with the Clerk.
E.
Upon validation by the Clerk, the application shall
become a license for the animal described thereon.
F.
No license shall be transferable. Upon transfer of
ownership of any animal, the new owner shall immediately make application
for a new license for such animal.
All animals required to be licensed must wear
a permanent, official identification number tag as required by the
provisions of the Agriculture and Markets Law, Article 7, § 112.
Such identification number tag shall be affixed to a collar on the
dog at all times. No animal shall be permitted to be without a collar
and tag. All untagged animals shall be subject to seizure and confinement
by the Dog Control Officer.
It shall be unlawful for any owner of a dog
in the Town of Putnam Valley to permit or allow such dog to:
A.
Be at large.
B.
Engage in habitual loud howling, barking or whining
or to conduct itself in such a manner as to unreasonably disturb the
comfort or repose of any person other than the owner or harborer of
the dog. Specifically, no dog shall be allowed to bark or make other
noises for a period in excess of 10 consecutive minutes. The barking
or other noise may be intermittent and not continuous.
C.
Cause damage or destruction to, or loss of, public
or private property or otherwise commit a nuisance upon the property
of someone other than the owner or harborer of the dog by:
[Amended 11-19-2008 by L.L. No. 7-2008]
(1)
Urinating thereon.
(2)
Defecating thereon, unless the feces is promptly removed.
(3)
Digging.
(4)
Uprooting or otherwise damaging any vegetables, lawns,
flowers or garden beds.
(5)
Taking any movable article owned by, or originally
located upon the property of someone other than the owner or harborer
of the dog.
D.
Bite, chase, jump upon or otherwise harass any person
in such manner as to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
E.
Upset or otherwise interfere with garbage receptacles.
F.
Chase, leap on or otherwise harass persons on bicycles,
in or on motor vehicles or on horses.
G.
Kill or injure any dog, cat or other household pet
or domestic animal.
All premises occupied or used by dogs shall
be kept in a clean, sanitary condition. Failure to provide proper
food, fresh water or adequate shelter from the elements of nature
shall be a violation of, and an animal may be seized in accordance
with, the provisions of Article 26, § 353, of the Agriculture
and Markets Law.
Upon taking custody of any animal, the Dog Control
Officer shall make a record of the matter as required by Subdivision
5 of § 114 of the Agriculture and Markets Law. The record
shall include the date of pickup, breed, general description, sex,
identification numbers, time of pickup, location of pickup and the
name and the address of the owner, if any. Upon the first instance,
the Dog Control Officer shall issue a written warning to the owner.
The owner of a dog so seized shall pay to the Town of Putnam Valley
a seizure fee of $25 for the second such seizure, $50 for the third
and $100 for the fourth and any subsequent occurrences, in addition
to the impound fees and maintenance fees. Payment shall be by cash,
money order or certified check.
A.
Dogs shall be held for the following periods of time,
unless sooner redeemed.
(1)
If a dog seized is not wearing an identification tag
as required by Article 7 of the Agriculture and Markets Law (license
tag), it shall be held for a period of five days from the day of seizure,
during which period the dog may be redeemed by its owner, provided
that such owner produces proof that the dog has been licensed pursuant
to the provisions of this article, or that the owner, at the time
of redemption, produces proof of current rabies inoculation and at
this time does license and identify the dog.
(2)
If a dog seized is wearing an identification tag as
required by Article 7 of the Agriculture and Markets Law, the owner
shall be promptly notified in person or by certified mail, return
receipt requested. If the owner is notified in person, the dog shall
be held for a period of seven days; if notified by mail, nine days.
B.
The owner of the dog shall be responsible for an impoundment
fee of $10 for the first impoundment, $20 for the second impoundment,
$30 each time for the third and subsequent impoundments, in addition
to the boarding fee set forth below, plus any other expenses, including
veterinary fees, incurred by the municipality to humanely care for
the dog. When a dog is unidentified at the time of seizure, the Dog
Control Officer may have the dog inoculated against rabies so that
it may thereafter be redeemed or adopted and duly licensed. The owner
of such dog, when redeeming it, shall be responsible for the expenses
incurred by the Town in having the dog so inoculated.
C.
The owner of the dog shall pay a municipal fee of
$3 per day, exclusive of any other fees set forth in this section,
for the feeding and maintenance of the dog.
D.
If not redeemed, the owner shall forfeit all title
to the dog, and it may be kept for three months, available for adoption,
and thereafter may be euthanized.
E.
In addition to any licensing fees, any person who
shall adopt any dog which has been seized by the Dog Control Officer
or any peace officer shall pay an adoption fee of $15 to the Town
or to any shelter or humane society which then harbors the dog, which
shelter or humane society shall remit that adoption fee to the Town
of Putnam Valley.
A.
The Dog Control Officer, police officer or peace officer
observing a violation of this article in his presence shall issue
and serve an appearance ticket for such violation.
B.
Any person who observes a dog in violation of any
section of this article may file a signed complaint, under oath, with
a Justice of the Town of Putnam Valley, or with the authorized Dog
Control Officer or any peace officer, specifying the nature of the
violation, the date of the violation, the nature of any damage caused,
including the place the violation occurred, a description of the dog
and the name and address of the dog owners, if known.
C.
Upon receipt by the Dog Control Officer of any such complaint, he may summon the alleged owner to appear in person before the Town Justice for a hearing at which both the complainant and the owner, if the violation is a misdemeanor, shall have an opportunity to be represented by counsel and to present evidence. If, after such hearing, a Town Justice decides that further action is warranted he may, in addition to imposing a penalty pursuant to § 51-14:
(1)
Order the owner to restrain such dog by collar and
leash at all times whether on or off the owner's property.
(2)
Order the owner to confine such dog to the premises
of the owner.
(3)
Effect such other remedy authorized by law as may
be warranted by the circumstances of the case. Such remedy may include
but not be limited to reasonable restitution for damage to or loss
of property due to a dog's actions and reimbursement of medical and/or
veterinary bills for injury caused by the dog.
[Amended 3-20-2013 by L.L. No. 5-2013]
As authorized by Article 7 of the Agriculture
and Markets Law, any Dog Control Officer or peace officer acting pursuant
to his or her special duties or any officer or agent of the Putnam
County SPCA may enforce and administer the provisions of this article
and, for the purpose thereof, shall have the authority to issue a
summons or appearance ticket in accordance with § 150.20,
Subdivision 3, of the Criminal Procedure Law and § 10, Subdivision
4, Paragraph (a), of the Municipal Home Rule Law and to seize dogs
either on or off the owner's premises if witnessed to be in violation
of this article.
No person shall hinder, resist or oppose the
Dog Control Officer, peace officer or other person(s) authorized to
administer or enforce the provisions of this article in the performance
of their duties under this article.
B.
A violation of § 51-5 of this article shall be punishable by a fine of not less than $25 nor more than $50 for each charge for the first violation; for the second violation, by a fine of not less than $50 nor more than $100 for each charge; for the third such violation, by a fine of not less than $100 nor more than $250 for each charge; for the fourth and any subsequent violations, by a fine of not less than $250 nor more than $500 for each charge. Where a person was found to have committed two or more violations, he/she shall be punishable by fines as set forth above or by imprisonment for not more than 15 days, or both.
C.
Each dog may be considered separately for the purpose
of establishing penalties for offenses under this article.
D.
A violation of any section of this article shall constitute
a violation as defined by the Penal Law of the State of New York and
shall be punishable by a fine of not more than $25 for the first violation,
$100 for the second violation and not more than $500 or imprisonment
for not more than 15 days, or both such fine and imprisonment.
No liability in damages shall be incurred on
account of the seizure, euthanization or adoption of any dog pursuant
to the provisions of this article, in accordance with § 118,
Subdivision 11, of the Agriculture and Markets Law.
A.
The annual fee for each dog license issued pursuant
to Subdivision 1 of § 109 of the Agriculture and Markets
Law shall include the state fee for each of the following licensing
categories:
(1)
Male, neutered/female, spayed: $2.50.
(2)
Male, unneutered/female, unspayed: $7.50.
(3)
Purebred license for no more than 10 registered purebred
dogs or purebred dogs eligible for registration, over the age of six
months, harbored on the owner's premises at the time of application:
$25.
(4)
Purebred license for no more than 25 registered purebred
dogs or purebred dogs eligible for registration, over the age of six
months, harbored on the owner's premises at the time of application:
$50.
(5)
Purebred license for any number more than 25 registered
purebred dogs or purebred dogs eligible for registration, over the
age of six months, harbored on the owner's premises at the time of
application: $100.
(6)
Exemption (guide dog, war dog, police dog, work dog,
hearing dog, service dog, registered working search dog): no fee.
B.
A local fee of $7.50 shall be charged, in addition
to the state fee, with the exceptions noted below. The total licensing
fee per category shall be:
C.
A local fee of $25 shall be charged, in addition to
the state fees listed, for all categories of purebred licenses. The
total licensing fee per category shall be:
D.
For licenses issued to dog owners who are 65 years
of age or over, the local fee shall be waived, for total state fees
as follows:
(1)
For each spayed or neutered dog: $2.50.
(2)
For each unspayed or unneutered dog: $7.50. The Town
shall also collect the three-dollar surcharge now set forth by the
Agriculture and Markets Law for the licensing of unspayed or unneutered
dogs pursuant to the State Animal Population Control Program.
E.
For licenses issued to owners of dogs classified as
a service dog, Seeing Eye dog, hearing dog, war dog or used actively
as a police work dog or search and rescue dog, the Town shall waive
the local surcharge in its entirety.
The provisions of Article 7 of the Agriculture
and Markets Law of the State of New York are deemed incorporated in
this article as if fully set forth herein. Any state law which is
inconsistent with this article shall be superseded by the provisions
hereof to the extent of its inconsistency, except where suppression
is restricted by law.
