The Town of Amenia, New York, finds that the running at large
and other uncontrolled behavior of dogs has caused physical harm to
persons and damage to property and has created nuisances within the
Town. The purpose of this chapter is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of persons, property and domestic animals
from dog attack and damage.
This chapter is enacted pursuant to the provisions of Part T
of Chapter 59 of the Laws of 2010, amending Article 7 of the Agriculture
and Markets Law, and pursuant to the Municipal Home Rule Law of the
State of New York.
The title of this chapter shall be the "Dog Licensing, Identification
and Control Law of the Town of Amenia."
As used in this chapter, 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:
A.
Accompanied by and under the immediate supervision and control
of the owner or other responsible person;
B.
A police work dog in use for police work; or
C.
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
Any member of the species canis familiaris.
DOG CONTROL OFFICER
The individual appointed by the Town of Amenia to assist
in the enforcement of this chapter or any authorized officer, agent
or employee of an incorporated humane society or similar incorporated
dog protective association under contract with the Town of Amenia
to assist in the enforcement of this chapter.
GUIDE DOG
Any dog that is trained to aid a person who is 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 dog.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the State of New York during the period
such dog is being trained or bred for such purpose.
IDENTIFICATION TAG
A tag issued by the Town of Amenia Town Clerk which sets
forth an identification number, together with the name of the municipality,
the State of New York, contact information, including a telephone
number, for the Town of Amenia and such other information as the Town
of Amenia deems appropriate.
OWNER
Any person who harbors or keeps any dog.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant to this chapter; 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 §
53-7 of this chapter, 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.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
PERSON WITH A DISABILITY
Any person with a disability, as that term is defined in
Subdivision 21 of § 292 of the New York Executive Law.
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.
SERVICE DOG
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
THERAPY DOG
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose.
TOWN CLERK
The Town Clerk of the Town of Amenia, where licenses are
validated or issued pursuant to this chapter.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons and is actually used for such purpose.
This chapter shall be enforced by any dog control officer or
peace officer, when acting pursuant to his or her special duties,
or police officer in the employ of or under contract to the Town of
Amenia.
Any person who observes a dog in violation of this chapter may
file a complaint under oath with a Justice of the Town of Amenia,
specifying the nature of the violation, the date thereof, a description
of the dog and the name and residence, if known, of the owner of such
dog. Such complaint may serve as the basis for enforcing the provisions
of this chapter.
The dog control officer, any police officer, or a peace officer
acting pursuant to his or her special duties, who has reasonable cause
to believe that a person has violated this chapter, shall issue and
serve upon such person an appearance ticket for such violation.
A violation of the provisions of this chapter shall be punishable
either:
A. Where prosecuted as a violation pursuant to the Penal Law, by a fine
of not less than $25 except that:
(1) Where the person is found to have previously violated the provisions
of this chapter within the preceding five years, the fine may be not
less than $50; and
(2) Where the person is found to have previously committed two or more
such violations within the preceding five years, it shall be punishable
by a fine of not less than $100 or imprisonment for not more than
15 days, or both; or
B. Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $25, except that:
(1) When the person is found to have previously violated the provisions
of this chapter within the preceding five years, the civil penalty
may be not less than $50; and
(2) Where the person was found to have previously committed two or more
such violations within the preceding five years, the civil penalty
may be not less than $100.