As used in this chapter, unless otherwise expressly stated or unless
the context or subject matter otherwise requires, the following terms
shall have the meanings indicated:
ADOPT
The delivery to any natural person 18 years of age or older,
for the purpose of harboring a dog, seized or surrendered, from the
Town's animal shelter.
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this chapter, as amended by
this chapter and as amended thereafter.
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:
(1)
A guide dog actually leading a blind person;
(2)
A police work dog in use for police work;
(3)
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.
CLERK
The Town Clerk, or Deputy Town Clerk, of the Town of Fallsburg,
where licenses are to be validated or issued.
DANGEROUS
Refers to the risk of harm by any action of the dog, whether
or not benign, such as biting, jumping, slamming against, grabbing,
swiping with its paws and over-friendliness that is expressed as jumping
upon; a propensity to attack other dogs.
DANGEROUS DOG
Any dog that, when unprovoked, inflicts bites on a human
or a domestic animal either on public or private property, or chases
or approaches a person upon the streets, sidewalks or any public grounds
in a menacing fashion or apparent attitude of attack, or any dog with
a known propensity, tendency, or disposition to attack unprovoked,
to cause injury or to cause injury or otherwise to threaten the safety
of humans or domestic animals. Any dog that inflicts severe injury
on a human being without provocation on public or private property,
kills a domestic animal without provocation while the dog is off the
owner's property, or has been previously found to be potentially dangerous
because of injury inflicted on a human, the owner having received
notice of such and the dog again aggressively bites, attacks or endangers
the safety of humans. This shall also mean any dog that, when unprovoked,
creates havoc or damages property that is not its owner's. A dog that
has engaged in or has been trained to engage in exhibition of fighting;
a dog that has attacked a person or domestic animal, without justification,
causing serious bodily injury or death. A dog's breed shall not be
considered in determining whether or not it is dangerous.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
DOG
Any member of the species Canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the Town 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 to assist in the enforcement
of this chapter.
DOMESTIC ANIMAL
A dog or a cat.
(1)
A total of not more than four dogs or cats, or any combination
of both, are permitted in any zone, excluding litters (for a period
not to exceed six months in age).
(2)
Vacant properties without a permanent structure intended for
and occupied as a residence for human occupancy shall not be used
for the keeping of domestic animals for any purpose in any zone.
HARBOR
To provide food or shelter to any dog.
IRRESPONSIBLE OWNER
Any owner of any dog in the Town of Fallsburg who has violated,
three or more times, any section contained in this chapter or Articles
7 and 26 of the Agriculture and Markets Law of New York State, or
any combination of three violations of this chapter and of Articles
7 and 26 of the Agriculture and Markets Law of the State of New York,
including, but not limited to, running at large, trespassing, creating
a nuisance, being off leash, causing property damage or cruelty to
animals, may be designated as an irresponsible dog owner.
OWNER
Any person, firm, corporation, organization or department
possessing, harboring, keeping, having an interest in or having control
or custody of an animal.
POTENTIALLY DANGEROUS DOG
Any dog that, when unprovoked, inflicts bites on a human
or a domestic animal either on public or private property or chases
or approaches a person upon the streets, sidewalks or any public grounds
in a menacing fashion or apparent attitude of attack, or any dog with
a known propensity, tendency or disposition to attack unprovoked,
to cause injury or to cause injury or otherwise to threaten the safety
of humans or domestic animals.
PROPER ENCLOSURE OF A DANGEROUS DOG
While on the owner's property, a dangerous dog shall be securely
confined indoors or in a securely enclosed and locked pen or structure,
suitable to prevent the entry of young children and designed to prevent
the animal from escaping. Such pen or structure shall have secure
sides and a secure top and shall provide protection from the elements
for the dog.
SHOW DOG
A dog that competes in a competitive exhibition of dogs.
TOWN
The Town of Fallsburg, including incorporated areas.
VICIOUS
Refers to a dog that has done or communicated by its actions
an intention, habit, tendency or propensity to do something harmful
to people.