[HISTORY: Adopted by the Town Board of the Town of Tuxedo as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-28-1977 by L.L. No. 9-1977]
[Added 11-22-2010 by L.L. No. 9-2011]
The purpose of this article is to provide for the licensing and identification of dogs pursuant to the relinquishment, effective January 1, 2011, by the State of New York Department of Agriculture and Markets of its responsibility of dog licensing functions under Article 7 of the Agriculture and Markets Law to local municipalities, requiring municipalities to adopt legislation relative to this issue.
[Added 11-22-2010 by L.L. No. 9-2011[1]]
All terms defined in § 108 of Article 7 of the New York State Agriculture and Markets Law, as amended effective January 1, 2011, are applicable in this article.
[1]
Editor’s Note: This local law also provided for the renumbering of former § 43-1 as § 43-1.2.
It shall be unlawful for any owner or any person harboring any dog in the Town of Tuxedo, New York, to permit or allow such dog to:
A. 
Engage in habitual loud howling or barking or to conduct itself in such manner so as to habitually annoy any person other than the owner or person harboring such dog.
B. 
To run at large unless such dog is restrained by an adequate collar and leash and accompanied by its owner or by a responsible person able to control the animal. For purposes of this article, a dog hunting in company with a hunter shall be considered as accompanied by its owner.
C. 
To 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.
D. 
Chase or otherwise harass any person in such manner as to reasonably cause intimidation or put such person in reasonable apprehension of bodily harm or injury.
E. 
Habitually chase or bark at motor vehicles.
F. 
Remain in the Town of Tuxedo unless licensed and cared for in accordance with the provisions of this article and the New York State Agriculture and Markets Law, as amended effective January 1, 2011.
[Added 9-16-1980 by L.L. No. 5-1980; amended 11-22-2010 by L.L. No. 9-2011]
[Amended 11-22-2010 by L.L. No. 9-2011]
This article shall be enforced by a Dog Control Officer to be appointed by the Town Board, at an annual compensation to be fixed by the Town Board, or by the Town Police Department.
[Added 9-16-1980 by L.L. No. 5-1980; 8-22-1990 by L.L. No. 2-1990; amended 11-22-2010 by L.L. No. 9-2011]
A. 
Licensing.
(1) 
The owner of any dog reaching the age of four months shall immediately make application for a dog license. No license shall be required for any dog under the age of four months which is not at large. A license shall be issued or renewed for a minimum of one year and shall not exceed three years, following the date of issuance, based on the validation term of the rabies vaccination.
(2) 
Application for a dog license shall be made to the Clerk. In the case of a dog being redeemed or a dog being adopted from a shelter under contract with the Town, such application may be made to the manager of such facility.
(3) 
The application shall state the sex, actual or approximate year of birth, breed, color(s) and official identification number of the dog, and other identification marks, if any, and the name, address, telephone number, county and Town of residence of the owner.
(4) 
The application shall be accompanied by a license fee as set forth below and a valid certificate of rabies vaccination or statement in lieu thereof. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian showing that the dog has been spayed or neutered; provided, however, that such certificate shall not be required if the same is already on file with the Clerk.
(5) 
License fees.
(a) 
The following annual license fees are hereby established for all dogs within the Town of Tuxedo:
[1] 
Unspayed/unneutered dogs, each: $20 (includes state-mandated surcharge of $3).
[2] 
Spayed/neutered dogs, each: $10 (includes state-mandated surcharge of $1).
(b) 
There shall be no fee charged for the license issued for any detection dog, geese dog, guide dog, hearing dog, police work dog, service dog, therapy dog, war dog or working search dog.
(6) 
Upon validation by the Clerk or authorized shelter manager, the application shall become a license for the dog described therein.
(7) 
The Clerk or authorized shelter manager shall provide a copy of the license to the owner and shall retain a record of the license that shall be made available upon request to the Commissioner of Agriculture and Markets for purposes of rabies and other animal disease control efforts and actions. In addition, the authorized shelter manager shall send, within 48 hours of validation, a copy of the license to the licensing municipality within which the dog is to be harbored.
(8) 
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application of a license for such dog.
B. 
Rabies vaccination. The Clerk or authorized shelter manager, at the time of issuing any license pursuant to this article, shall require the applicant to present a statement certified by a licensed veterinarian showing that the dog or dogs have been vaccinated to prevent rabies, or, in lieu thereof, a statement certified by a licensed veterinarian stating that, because of old age or other reason, the life of the dog or dogs would be endangered by the administration of vaccine. The Clerk or authorized shelter manager shall make or cause to be made from such statement a record of such information and shall file such record with a copy of the license. Such records shall be made available to the Commissioner of Agriculture and Markets upon request for rabies and other animal disease control efforts.
C. 
Purebred licenses. There shall be no distinct purebred licenses as provided for by the state. Any and all existing purebred licenses will be required to comply with the provisions of this article 43.
D. 
Enumeration. In addition to other applicable fees, any person applying for a dog license of a dog identified as unlicensed during an enumeration shall pay a fee of $5. Such additional fee shall be used to recover costs incurred by the Town in conducting the enumeration. In the event additional fees collected exceed the expenses incurred by the Town in conducting an enumeration, such excess fees may be used by the Town for enforcing this article or for any other lawful purpose.
[Added 11-22-2010 by L.L. No. 9-2011]
A. 
Each dog licensed shall be assigned, at the time the dog is licensed for the first time, a permanent official identification number. Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times.
B. 
The official identification number shall constitute the official identification of the dog to which it is assigned, regardless of changes of ownership, and the number shall not be reassigned to any other dog during the lifetime of the dog to which it is assigned.
C. 
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no charge. Any replacement tag shall be obtained by the owner at his expense at a fee of $3.
D. 
No tag bearing an official identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.
E. 
The identification tag shall be imprinted with the words "Town of Tuxedo," a unique identification number, and the telephone number of the Town Clerk's office.
[Added 11-22-2010 by L.L. No. 9-2011]
A. 
In the event of a change in ownership of any dog which has been assigned an official identification number or in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, notify the Clerk.
B. 
If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, notify the Clerk.
C. 
In the case of a dog's death, the owner of record shall so notify the Clerk either prior to renewal of license or upon the time of such renewal.
The Dog Warden or Town policeman observing a violation of this article, or to whom a written complaint of such violation is made by any other person, shall issue and serve an appearance ticket for such violation, which appearance ticket shall be in the form prescribed by the Town Board and in accordance with the provisions of § 126 of the Agriculture and Markets Law of the State of New York. Such ticket shall provide that an answer thereto may be made by registered or certified mall, return receipt requested, within five days of the date thereof. Such appearance ticket shall include and contain a form whereby the person charged may admit to the violation or deny the same and shall contain a schedule of penalties for such violations as set forth in this article. A person answering such appearance ticket by mail as herein provided and admitting the violation charged therein shall submit with such answer a check or money order in the amount of the penalty for the violation charged. A person answering such appearance ticket by mail as hereinabove provided and denying part or all of the violation charged shall so indicate such denial in the place provided in the appearance ticket and shall forward the same, together with security in the amount of $25, to the office specified on such appearance ticket. Upon receipt, such answer shall be entered and a new return date established by said office. Such person shall be notified by return mail of the date and place of such return date, and the security shall be returned upon appearance thereat. If a person shall fail to appear at a return date, the security posted to secure such appearance shall be forfeited and a summons or warrant of arrest may be issued pursuant to the Criminal Procedure Law.
[Amended 8-22-1990 by L.L. No. 2-1990]
Any dog which is in violation of the provisions of this article 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 article.
In the event that the dog seized bears a license tag, the person seizing the dog shall within three days thereafter ascertain the name of the owner and give the owner immediate notice by serving upon the owner a written notice stating that the dog has been seized, indicating when, where and why the dog was seized and stating that the dog will be destroyed unless redeemed or a trial is demanded within 12 days of the impounding of the dog.
In the event that the dog seized does not bear a license tag and the owner is unknown, the Dog Warden shall be authorized to destroy the dog seven days after impounding him or to dispose of the dog by sale or other means.
[Amended 10-10-1979 by L.L. No. 8-1979]
If a dog is redeemed pursuant to this article, the owner shall pay to the Dog Warden such fees as are provided in the Standard Schedule of Fees of the Town of Tuxedo.[1] Such fees shall be remitted by the Dog Warden to the Town for deposit in the Town's general fund.
[1]
Editor's Note: See Ch. 48, Fees.
A. 
Any dog impounded pursuant to this article which is not redeemed or for which a trial has not been demanded within the time hereinabove set forth may be sold by the Dog Warden or destroyed as provided above. The Warden is authorized to sell any such dog at such price as the Warden shall determine to be fair and shall deposit such sum in the general fund of the Town. The Town shall keep a record of all such sales.
B. 
Any dog required to be destroyed pursuant to this article shall be destroyed humanely and its carcass disposed of by the Dog Warden. A record of all dogs destroyed by the Dog Warden pursuant to this article shall be kept and maintained by the Dog Warden. The owner or harborer of any dog destroyed under the provisions of this article shall not be entitled to any compensation by reason thereof.
[Amended 10-10-1979 by L.L. No. 7-1979]
Any person committing an offense against any provision of this article shall, upon conviction, be guilty of a violation punishable by a fine of not more than $25 for the first offense, of not less than $25 nor more than $50 for the second offense and a fine of not more than $75 for the third offense and all subsequent offenses.
[Adopted 8-12-1992 by L.L. No. 3-1992]
This article is enacted to enhance the cleanliness of the streets, sidewalks, parks and other public property of the Town of Tuxedo by enforcing certain regulations and restrictions on the activities of animals.
No person owning, harboring, keeping, walking or having the custody or control of a dog shall 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. These restrictions shall likewise apply to any private property unless such person shall have the express written permission of the owner of said property.
A. 
Removal of feces by owner. Any person owning or in charge of any dog which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or anywhere people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of said property shall immediately remove all feces deposited by such dog by any sanitary method approved by the local health authority.
B. 
Disposal of feces. The feces removed from the aforementioned designated area shall be disposed of by the person owning or in charge of any such dog in accordance with the provisions of this article.
C. 
Guide dogs excepted. The provisions of this section shall not apply to blind persons who may use dogs as guides.
The prohibition set forth above shall not apply to those portions of a street lying between curblines, which such portions may be utilized to curb a dog, subject, however, to the following conditions:
A. 
Any person who so curbs a dog shall immediately remove all feces deposited by such dog in the following manner: feces shall be picked up with a scoop, shovel, broom, tong or other similar implement and be deposited immediately thereafter in a container, plastic or otherwise, and then subsequently deposited in a container used for the disposal of refuse.
B. 
In no event shall any feces be deposited in sewers or drains, whether storm or sanitary.
Any person committing an offense against any provision of this article shall, upon conviction, be guilty of a violation punishable by a fine of not more than $25 for the first offense, of not less than $25 nor more than $50 for the second offense and a fine of not less than $50 nor more than $100 for the third offense and all subsequent offenses.
Any police officer or dog control officer of the Town of Tuxedo is hereby authorized and empowered to enforce this article. In addition thereto, the Town Board shall have the power to designate such other persons as it deems necessary in its discretion to enforce this article.