[HISTORY: Adopted by the Town Board of the
Town of New Berlin as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-21-1995 by L.L. No. 5-1995;
amended in its entirety 10-13-2010 by L.L. No. 2-2010]
The Town of New Berlin, 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 created nuisances within
the Town. 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
the keeping or running at large of dogs and the seizure thereof within
the Town.
This article is enacted pursuant to the provisions of Article
7 (Chapter 59, Part T[1]) of the Agriculture and Markets Law and the Municipal
Home Rule Law of the State of New York.
[1]
Editor's Note: See L. 2010, c. 59, Part T (§ 122
of the Agriculture and Markets Law).
The title of this article shall be "Licensing and Dog Control
Law of the Town of New Berlin."
As used in this article, the following terms shall have the
meanings indicated:
Any dog that is unleashed and on property open to the public
or which 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 its owner or a responsible person and under full
control and immediate supervision of such owner or person;
A police work dog in use for police work; or
Accompanied by and under the immediate control of its owner
or other responsible person and is actively engaged in hunting or
in training for hunting on unposted land or on posted land with the
permission of the owner of the land.
Any member of the species Canis familiaris.
Any individual appointed by the Town to assist in the enforcement
of this article or of Article 7 of the Agriculture and Markets Law
of the State of New York 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 article or of Article 7 of the Agriculture and Markets Law
of the State of New York.
To provide food and/or shelter to any dog.
Any person entitled to claim lawful custody and possession
of a dog unless such dog is or has been lost and such loss was promptly
reported to the Dog Control Officer of the Town and a reasonable search
has been made. The term "owner" shall be deemed to include any person
who at any time owns or has custody or control of or harbors any dog
which is kept in, brought into or comes within the Town. In the event
that the owner of any dog found to be in violation of any provision
of this article shall be under 18 years of age, the custodial parent,
guardian or head of the household in which said minor principally
resides shall be deemed to have custody and control of said dog and
shall be responsible for any acts of said dog committed in violation
of this article.
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
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.
The Town of New Berlin, County of Chenango, State of New
York.
Every device in, upon or by which any person or property
is or may be transported or drawn by any power, including muscular
power, and shall include but is not limited to bicycles, motorcycles,
automobiles, snowmobiles, coaches, wagons, platforms and trailers.
It shall be unlawful for any owner of any dog to permit or allow
such dog in the Town of New Berlin:
A.
To
be at large.
B.
To
engage in habitual loud howling, barking, crying or whining or to
conduct itself in such a manner so as to unreasonably and habitually
disturb the comfort or repose of any person other than the owner of
such dog.
C.
To
cause damage or destruction to real or personal property or to commit
a nuisance by defecating or urinating upon the premises of any person
other than the owner of such dog.
D.
To
chase or to otherwise harass, annoy or alarm any person in such a
manner as to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
E.
To
habitually chase, run alongside of or bark at any vehicle.
F.
If a female dog, when in heat, to be off the owner's premises unrestrained
by a leash.
G.
To kill or injure any dog, cat or other household pet.
H.
To have no shelter or improper shelter.
This article shall be enforced by any dog control officer, peace
officer, when acting pursuant to his special duties, or police officer
in the employ of or under contract to the Town of New Berlin.
B.
Every
dog seized shall be properly cared for, sheltered, fed and watered
for the redemption periods set forth in § 118 of the Agriculture
and Markets Law.
C.
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 impoundment fees set forth in § 118
of said article.
D.
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.
E.
Any
dog unredeemed at the expiration of the appropriate redemption period
shall be made available for adoption or euthanized pursuant to the
provisions of § 118 of the Agriculture and Markets Law.
Any person who observes a dog in violation of this article may
file a complaint, under oath, with a Justice of the Town of New Berlin,
specifying the nature of 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 the issuance of an
appearance ticket as hereinafter described.
A.
Any
dog control officer, peace officer, when acting pursuant to his special
duties, or police officer in the employ of or under contract to the
Town of New Berlin observing a violation of this article committed
in his presence shall issue and serve an appearance ticket upon the
owner of the dog alleged to have committed the violation.
B.
Any
dog control officer, peace officer, when acting pursuant to his special
duties, or police officer in the employ of or under contract to the
Town of New Berlin, having reasonable cause to believe that a person
has violated this article, shall issue and serve upon such person
an appearance ticket for such violation to appear before the New Berlin
Town Court at a date and time specified.
A.
A plea or conviction of a violation of this article shall be prosecuted
pursuant to penal law by a fine of not less than $25, except:
(1)
Where a person is found to have violated this article or any prior
Town of New Berlin Dog Control Law within the preceding five years,
the fine may not be less than $50; and
(2)
Where the person is found to have violated this article or any prior
Town of New Berlin dog control law two or more times 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.
B.
For the purpose of conferring jurisdiction upon courts and judicial
officers generally, offenses of this article shall be deemed violations
and for such purposes only all provisions of law relating to violations
shall apply.
All costs for feed and care of seized dogs must be borne by
the owner or adopter at the rate as set forth from time to time by
resolution of the Town Board. Also, the adoption and/or seizure fee
as set forth from time to time by resolution of the Town Board must
be paid at time of pickup.
A.
Fees; treatment of injured animals.
(1)
The Town of New Berlin will charge the following fees, for dogs and
pets, if the Animal Control Officer is called into service:
(2)
In addition, if any injured animal is picked up, it must be taken
to a veterinarian. Any costs incurred for treatment of such animals
will be charged to the owner of such animals. Such bills must be paid
to the veterinarian, or to the Town, before the animal is released.
B.
Rabies. Before any dog is released, proof of rabies vaccination must
be proven with an up-to-date dog license.
C.
Notice and receipts. All animal owners will be given a detailed account
of fees and reimbursements.
D.
Payments. All payments will be made at the Town Clerk's Office, to
the Town Clerk. The Town Clerk will give the animal owner a receipt
for payment.
E.
In addition to the above, the Town and the Animal Control Officer
shall follow all Agriculture and Markets Law regulations and laws
when processing dogs and animals.
A.
All dogs in the Town of New Berlin must be licensed with the Town
Clerk by the age of four months and are required to present a current
certificate of rabies vaccination at the time of licensing or the
renewal of an existing license.
B.
All dog licenses will be for a period of one year and will expire
at the end of the month one year from the date of issue.
C.
Fees for licensing of dogs. The fee for a spayed or neutered dog
will be $8, and the fee for an unspayed or unneutered dog will be
$15, with such fees being reviewed by the Town Board periodically
and changed by a resolution of the Town Board, if deemed necessary.
D.
Enumeration fee. When the Town Board determines the need for a dog
enumeration, a fee of $5 will be assessed to all dogs found unlicensed
or renewed at the time the enumeration is conducted.
E.
Purebred license. The Town of New Berlin will not be issuing purebred
or kennel licenses. All dogs will be licensed individually as per
the fee system stated above.
F.
Service dogs. The Town of New Berlin will not require a license for
any guide dog, service dog, hearing dog or detection dog.
G.
The Town of New Berlin does not allow the licensing of dogs by a
shelter. The shelter must send the adoptive dog owners to the Town
Clerk of the town or city in which the dog will be harbored for licensing
or to the Town Clerk of the Town of New Berlin where the shelter is
located for the purchase of the license for adoption purposes.
H.
All dog licenses may be purchased by visiting the Town offices or
by regular mail. If licensing or renewing a license by mail, the appropriate
fee must accompany the forms. There will be no refund of fees.
I.
All fees will be used in funding the administration of the Dog Control
Law of the Town of New Berlin.
Each separate provision of this article shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
This article shall supersede all prior local laws, ordinances,
rules and regulations relative to the control of dogs within the Town
of New Berlin, and they shall be, upon the effectiveness of this article,
null and void.
This article shall be effective January 1, 2011, after filing
with the Secretary of State.
[Adopted 12-14-2020 by L.L. No. 1-2021[1]]
[1]
Editor's Note: This local law also repealed former Art. II,
Animals at Large, adopted 6-18-2018 by L.L. No. 1-2018.
No person owning, or having in charge, horses, cattle, sheep,
swine, fowl, domestic farm or wild animals held in captivity shall
permit the running at large of the same within the Town.
The owner of any domestic farm animal or wild animal held in
captivity shall so restrict its running at large as to prevent such
animal from causing injury or damage to the property of any other
person or entity.
Any person who violates any provision of this article shall
be punished by a fine not to exceed $100 for the first conviction,
together with such restitution for damages caused. For a second conviction
within five years, the fine shall not exceed $150 and restitution
for damages. For a third or subsequent conviction within five years,
the fine shall not exceed $250 and restitution for damages caused.
This article shall take effect upon filing in the office of
the Secretary of State.
