[Adopted 6-9-1975]
This article shall be known as the "Dog Ordinance of the Town
of Schaghticoke."
The purpose of this article shall be to preserve the public
peace and tranquility of the Town of Schaghticoke and to contribute
to the public welfare and preservation and protection of the property
and persons of the inhabitants of said Town by declaring and enforcing
certain regulations and restrictions on activities of dogs within
the Town.
As used in this article unless the context otherwise indicates,
the following terms shall have the meanings indicated:
Elsewhere than on the premises of the owner or on the premises
of another person without the knowledge, consent or approval of said
other person.
[Amended 12-8-2010 by L.L. No. 9-2010]
Both male and female dogs, licensed or unlicensed, and includes
the singular and plural.
Any person, firm, association or corporation owning, harboring,
keeping and having the custody or control of any dog.
A.
No person owning, harboring or having the care, custody or charge
of any dog, whether male or female, or whether licensed or not, shall
allow or permit such dog at any time to run at large within the Town
of Schaghticoke unless such dog shall be effectively restrained by
a chain or leash not exceeding eight feet in length by a competent
person.
B.
No owner of a dog or of a duly approved kennel within the Town of
Schaghticoke shall suffer or permit any dog or dogs to create any
unreasonably loud or disturbing noise of such intensity or duration
as to be detrimental to the life, health or welfare of any individual,
and the violation hereof is prohibited and deemed to be a public nuisance,
and such dog or dogs shall be so housed and confined in a place so
constructed as to prevent such disturbing and unnecessary noise, as
may result from the habitual or continual barking of such dog or dogs.
The provisions of this subsection shall be liberally construed to
prevent excessive, unreasonable, disturbing and unnecessary noise,
due consideration being given to the circumstances, time of day, particular
location of each violation and the demands of public health, safety
and welfare.
[Added 10-8-2003 by L.L. No. 3-2003]
If a dog defecates in a public place or upon property owned
by someone other than the owner of the dog, the dog owner, as that
term is defined herein, shall promptly remove and properly dispose
of the droppings in a responsible and sanitary manner.
[Amended 11-9-1998 by L.L. No. 1-1998; 1-13-2010 by L.L. No.
1-2010]
Any dog running at large within the Town of Schaghticoke contrary to § 57-4 or which is a dangerous dog, as defined in state law, or a dog which chases vehicles of any kind in the streets or public places, or which is an unconfined, unspayed female dog in time of heat, or which runs with a pack of dogs, shall be subject to seizure and impounding by the Dog Control Officer, any police officer, or by any other person or agency designated by the Town or authorized by law to seize or impound such dog and any such dog control officer, police officer, other person or agency so seizing such dog hereunder shall be empowered to exercise such degree of force as shall be necessary to effect such seizure.
[Amended 11-9-1998 by L.L. No. 1-1998; 1-13-2010 by L.L. No.
1-2010; 12-8-2010 by L.L. No. 9-2010]
After any such seizure and impounding, an owner of such dog,
if ascertainable from such dog's license tag, shall be notified thereof
personally or by affixing a written notice to such owner's last-known
place of residence. Such dog so seized and impounded shall be held
for a period of five days, during which period such dog shall be properly
fed and cared for at the expense of the Town (to be reimbursed to
the Town as set forth below). During such five-day period, the owner
of such dog shall recover the same during normal business hours by
producing a license for such dog and by paying such sum of money as
is set forth in the contract then in effect between the Town and the
agency or person tasked with holding, feeding and/or caring for said
dog, which sum shall be paid to the Town Clerk.[1]
[1]
Editor’s Note: See also Art. II, Licensing of Dogs.
[Amended 11-9-1998 by L.L. No. 1-1998]
If any dog is not redeemed as provided in this article, the
Dog Control Officer, any police officer or any other person or agency
designated by the Town Board for the purpose of seizing such dog may
order the destruction of such animal; provided that if said dog is
not claimed or redeemed by its lawful owner or his duly authorized
agent, then the keeper may deliver said dog to a responsible or proper
person upon payment of the impounding fee and five days' keeping
and producing a license for said dog.
The keeper of the dog shall keep a record and description of
each animal impounded, the date of receipt of such animal, the date
and manner of its disposal and, if redeemed, the name and address
of the person by whom redeemed.
[Amended 11-9-1998 by L.L. No. 1-1998]
No person shall hinder, resist or oppose the Dog Control Officer,
any police officer, agent or employee or representative of the Town
in the performance of his duties under this article.
[Amended 11-9-1998 by L.L. No. 1-1998]
Any person committing an offense against the provisions of this
article shall be guilty of a violation punishable by a fine of not
more than $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this article shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
