Town of Coxsackie, NY Dogs

[HISTORY: Adopted by the Town Board of the Town of Coxsackie as indicated in article histories. Amendments noted where applicable.]

Article I Control and Licensing

[Adopted 12-14-2010 by L.L. No. 1-2010[1]]

[1]

Editor's Note: This local law also repealed former Ch. 80, Dogs, which consisted of Art. I, License Fees, adopted 5-14-1991.

§ 80-1 Purpose.

The Town Board of the Town of Coxsackie finds it necessary to repeal Chapter 80 as it currently exists and to expand it to address more fully the licensing of dogs in light of the State of New York's recent mandate that dog licensing become a local government function on January 1, 2011. The purpose of this article is to provide for the licensing and identification of dogs and to protect the health, safety and well-being of persons and property by imposing restrictions and regulations upon keeping or running-at-large of dogs and the seizure thereof within the Town.

§ 80-2 Authority.

This article is enacted pursuant to § 10 of the Municipal Home Rule Law and New York State Agriculture and Markets Law, Part T, Chapter 59, of the Laws of 2010.

§ 80-3 Title.

The title of this article shall be the "Dog Control Ordinance of the Town of Coxsackie." This title shall replace the current title to Chapter 80, "Dogs."

§ 80-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:

AT LARGE

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 to be at large if it is:

Accompanied by and under the immediate supervision and control of the owner or other responsible person;

A police work dog in use for police work; or

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.

DOG CONTRQL OFFICER

Any individual appointed by the Town Board of the Town of Coxsackie to enforce any and all New York State Agriculture and Market Laws and local laws regulating dogs.

HARBOR

To provide food or shelter to any dog.

IDENTIFICATION TAG

A tag issued by the Town of Coxsackie which sets forth the identification number assigned to a specific dog and such other information deemed necessary by the Town of Coxsackie.

IDENTIFIED DOG

Any dog carrying an identification tag as required by this article.

LICENSE EXPIRATION DATE

The expiration date as noted on the dog license issued by the Town of Coxsackie.

OWNER

Any person who harbors or keeps any dog. In the event that any dog found in violation of this article shall be owned by a person under 18 years of age, the owner shall be deemed to be the parent or guardian of such person (or the head of the household in which said person resides).

TOWN CLERK

The Clerk of the Town of Coxsackie where dog licenses are validated or issued pursuant to this article.

§ 80-5 Licensing of dogs.

All dogs within the Town of Coxsackie four months of age or older, unless otherwise exempted, shall be licensed. The owner of each dog required to be licensed shall obtain, from the Town Clerk, a dog license application and provide the required supporting documentation, the license fee, any applicable surcharges and such additional fees as may be established by the Town of Coxsackie. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog's life, in which case a vaccination shall be not be required. Each license shall be valid for one year and must be renewed prior to expiration thereof. There will be no refunds of fees.

No license shall be transferrable. Upon transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog.

All licenses shall expire on the last day of the last month for which it is issued.

The owner of any dog shall notify the Town Clerk of any change of address, ownership, death or loss of their licensed dog.

Upon the submission of a dog license application, all required documentation and payment of the required license fee, a Town of Coxsackie dog license identification tag will be provided to the owner of the dog. The identification tag must be affixed to a dog collar and worn by the dog at all times. There shall be a fee of $3 for replacement tags.

For those owners who fail to renew a dog license, the Town Clerk shall mail a warning that failure to renew the license within a specified time shall result in the issuance of a court appearance ticket.

Any dog harbored within the Town of Coxsackie which is owned by a resident of New York City and licensed by the City of New York, or which is owned by a nonresident of New York and licensed by a jurisdiction outside the State of New York, shall for a period of 30 days be exempt from the licensing and identification provisions of this article.

§ 80-6 Exemptions.

No license is required for any dog under the age of four months and which is not at large, or residing in a pound or shelter maintained by or under contract with the Town of Coxsackie, Greene County, New York.

Service dogs. The Town of Coxsackie will not require a license for a service dog, guide dog, hearing dog, war dog, working search dog, detection dog, police work or therapy dog. The person owning, possessing or harboring such dog bears the burden of demonstrating to the satisfaction of the Town Clerk that the dog is a service dog and exempt from licensing. The New-York-State-mandated surcharge for altered or unaltered dog is not exempt and will be collected.

§ 80-7 License fees.

License fee for spayed/neutered dog, $5 plus New York State surcharge of $1: $6.

License fee for unspayed/unneutered dog, $10 plus New York State surcharge of $3: $13.

Enumeration: When the Town Board determines the need for a dog enumeration, a fee of $5 will be assessed to all dogs found unlicensed or unrenewed at the time enumeration is conducted.

Purebred license: The Town of Coxsackie will not issue purebred or kennel licenses. All dogs will be licensed individually as per the fee system stated in Subsections A and B of this section.

All fees will be used in funding the administration of the dog control law of the Town of Coxsackie.

The Town Board is authorized to increase the dog licensing fees in the future by Town Board resolution.

§ 80-8 Restrictions.

It shall be unlawful for any owner of any dog to permit or allow such dog in the Town of Coxsackie to:

Be at large.

Engage in habitual loud howling, barking, crying or whining or to conduct itself in such a manner so as to unreasonably and habitually annoy any person.

Cause damage of destruction to property or commit a nuisance by defecating or urinating upon the premises of a person other than the owner of such dog.

Chase or otherwise harass any person in such a manner as reasonably to cause intimidation or to put such person in a reasonable apprehension of bodily harm or injury.

Habitually chase, run alongside of or bark at motor vehicles or bicycles.

§ 80-9 Violations.

It shall be a violation, punishable as provided in § 80-10, for:

(1)

Any owner to fail to license any dog;

(2)

Any owner to fail to have any dog identified as required by this article;

(3)

Any owner to fail to renew a dog license on or before the license expiration date;

(4)

Any person to knowingly affix to any dog any false or improper identification tag;

(5)

Any person to furnish any false or misleading information on any form required to be filed with the Town of Coxsackie pursuant to this article.

It shall be the duty of the Dog Control Officer to bring an action against any person who has committed any violation set forth in this article pursuant to the Penal Law of the State of New York. Every dog control officer shall have the power to issue an appearance ticket pursuant to § 150.20 of the Criminal Procedure Law, to serve a summons and to serve and execute any other order or process in the execution of the provisions of this article. In addition, any Dog Control Officer of the Town of Coxsackie may serve any process, including an appearance ticket, a uniform appearance ticket and a simplified ticket related to any proceeding, whether criminal or civil in nature, undertaken in accord with the provisions of this article or any local law or ordinance promulgated pursuant thereto.

§ 80-10 Penalties for offenses.

Except as otherwise provided in § 118 of the Agriculture and Markets Law, any person convicted of a violation of this article shall be deemed to have committed a violation and shall be subject to a fine not less than $25 nor more than $250 and imprisonment for a period not exceeding 15 days, or both such fine and imprisonment.

Any person having been previously convicted of a violation shall be deemed to have committed a misdemeanor and shall be subject to a fine not less than $50 nor more than $1,000 and imprisonment for a period not exceeding one year, or both such fine and imprisonment.

§ 80-11 Seizure; impoundment; redemption; adoption,

Any dog in violation of the provisions of § 80-8 and § 80-9 of this article may be seized pursuant to the provisions of § 117 of the Agriculture and Markets Law.

Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in § 117 of the Agriculture and Markets Law.

Seized dogs may be redeemed by producing proof of licensing and identification pursuant to the provisions of Article 7 of the Agriculture and Markets Law and by paying the following impoundment fees:

(1)

First offense: impoundment fee of $75 for owner(s) who claim their dog within 24 hours; impoundment fee of $150 for owner (s) who wait longer than 24 hours.

(2)

Second offense and beyond: impoundment fee of $150 for owner (s) who claim their dog within 24 hours; impoundment fee of $305 for owner (s) who wait longer than 24 hours.

If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section whether or not such owner chooses to redeem his or her dog.

Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provisions of § 117 of the Agriculture and Markets Law.

§ 80-12 Presumption of evidence.

Establishment of the fact or facts that the owner of a dog failed to properly license and identify his/her dog as licensed shall be presumptive evidence that the owner or person harboring said dog is not in compliance with the provisions of this article.

§ 80-13 Appearance ticket.

Any Dog Control Officer when acting pursuant to his special duties in the employ of or under contract to the Town of Coxsackie observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation.