[HISTORY: Adopted by the Town Board of the Town of Austerlitz
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-13-2005 by L.L. No. 1-2005]
A.
The Town Board of the Town of Austerlitz finds that the uncontrolled
behavior of licensed and unlicensed dogs can cause physical harm to
persons and damage to property and create nuisances within the Town.
B.
The provisions of this article are intended to complement the provisions
of the Agriculture and Markets Law with regard to dangerous dogs and
prohibition of animal fighting.
C.
The purpose of this article is to protect the health, safety and
well-being of persons and property by imposing restrictions on the
keeping of dogs within the Town.
It shall be unlawful in the Town of Austerlitz for the owner
of any dog to fail to:
A.
Confine a female dog in heat to the premises of the owner.
B.
Control such dog, with the result that such dog:
(1)
Injures any person peaceably conducting himself or herself where
he or she may lawfully be;
(2)
Chases, harasses, intimidates or otherwise acts in a manner so as
to cause reasonable apprehension of harm or injury to any person while
off the owner's property;
(3)
Causes damage or destruction while on property other than the property
of the owner;
(4)
Creates
a nuisance by engaging in habitual howling, whining, barking or other
noisemaking so as to annoy any person other than the owner or persons
harboring such dog. For purposes of this subsection, "habitual" shall
mean for a majority of the time during any two fifteen-minute periods
on separate days in the same week or for a majority of the time during
any three ten-minute periods on three separate days in the same week.
In order for barking, whining, howling or making any other noise to
constitute an annoyance of a person, it must be loud enough so that
it is actually heard by such person from any part of his or her property;
and
(5)
Habitually chases or barks at motor vehicles.
The Dog Control Officer, as is designated by the Town of Austerlitz
pursuant to the provisions of the Agriculture and Markets Law, may
enforce the provisions of this article and shall have the power to
investigate any complaints made pursuant to the provisions of this
article.
A.
The Dog
Control Officer for the Town of Austerlitz shall have all of the powers
as provided in the Agriculture and Markets Law and shall have the
power to file the signed information or complaint alleging a violation
of any of the provisions of this article or any provisions of Article
7 of the Agriculture and Markets Law with the Town Justice for the
Town of Austerlitz. The Dog Control Officer shall have further the
power to issue appearance tickets for any such alleged violations.
B.
Upon receipt
by the Town Justice of any such information or complaint, the Town
Justice shall have jurisdiction of the prosecution of any such violation
of this article. For purposes of such prosecution, the relevant provisions
of the Criminal Procedure Law with respect to violation or violations
shall apply.
Any person having personal knowledge of any violation of this
article may file a signed complaint, under oath, with the Town Justice
of the Town of Austerlitz specifying the objectionable conduct of
the dog and the name and residence, if known, of the owner. Upon receipt
by the Town Justice of any such complaint, he shall summon the alleged
owner to appear in person before him for a hearing, at which both
the complainant and owner shall have an opportunity to be represented
by counsel and to present evidence.
Any person or persons found guilty of a violation of any of
the provisions of this article shall be subject to a fine not exceeding
$300 or to imprisonment for not more than 15 days, or both, for each
violation. Any violation of any of the provisions of this article
shall be deemed a separate and distinct violation, and each such separate
and distinct violation shall be subject to the fines and penalties
provided for herein.
In lieu of a criminal penalty, the court may also, in its discretion,
provide for a civil penalty for any persons found guilty of any violation
hereunder, which civil penalty shall not exceed the sum of $300 per
violation. Enforcement proceedings to collect such civil penalty may
be taken by the Town of Austerlitz.
The provisions of this article shall be in addition to any provisions
set forth under Article 7 of the Agriculture and Markets Law, and
the provisions of this article shall be separately enforceable as
set forth herein.
[Adopted 11-11-2010 by L.L. No. 1-2010]
The Town Board of the Town of Austerlitz finds it necessary
to enact a local law to address 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,
the control and protection of the dog population and the protection
of persons, property, and domestic animals from dogs.
This article is adopted pursuant to § 10 of the Municipal Home Rule Law, the New York Agriculture and Markets Law, and Part T of Chapter 59 of the Laws of 2010.[1]
[1]
Editor's Note: See Art. 7 of the Agriculture and Markets Law.
The Town Board of the Town of Austerlitz hereby adopts the following
article with regard to the licensing of dogs within the Town of Austerlitz.
As used in this article, the following terms shall have the
meanings indicated:
Person having possession or guardianship of any dog who is
not the owner of the dog.
Includes male and female, licensed and unlicensed, members
of the species Canis familiaris.
Any individual appointed by the Town of Austerlitz to enforce
any and all New York State Agriculture and Markets Laws and local
laws regulating animals, including dogs.
To provide food and/or shelter to any dog.
Tag issued by the Town of Austerlitz which sets forth the
identification number assigned to a specific dog and such other information
as the Town of Austerlitz deems appropriate.
Any dog carrying an identification tag as required by this
article.
The expiration date as noted on the dog license issued by
the Town of Austerlitz.
Any person who harbors or keeps a dog.
The person in whose name any dog was last licensed pursuant
to this article, 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. Any person owning or
harboring a dog for a period of one week in the Town of Austerlitz
shall be held and deemed the owner of such dog for purposes of this
article.
The Clerk of the Town of Austerlitz, where dog licenses are
validated or issued pursuant to this article.
A.
All dogs within the Town of Austerlitz four months of age or older,
unless otherwise exempted, shall be licensed. The owner of each dog
required to be licensed shall obtain, complete and return to the Town
Clerk or the Dog Control Officer a dog license application, together
with required supporting documentation, the license application fee,
any applicable license surcharges and such additional fees as may
be established by the Town of Austerlitz. 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 vaccination shall
not be required. Each license issued shall be valid for a period of
one year and must be renewed prior to the expiration date thereof.
The Town of Austerlitz hereby specifically opts out of the option
to allow any licensed chapter of the Humane Society to issue licenses
within the Town.
B.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog.
C.
All licenses shall expire on the last day of the last month for which
they are issued.
D.
The owner of any dog shall notify the Town Clerk of a change of address
or ownership, death or loss of their licensed dog.
E.
Upon the submission of a dog license application, all required documentation
and payment of the required license fee, a Town of Austerlitz 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.
F.
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.
G.
Any dog harbored within the Town of Austerlitz 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.
License fees shall be as follows:
It shall be a violation, punishable as provided in § 76-17 of this article, for:
A.
Any owner to fail to license any dog.
B.
Any owner to fail to have any dog identified as required by this
article.
C.
Any owner to fail to renew a dog license on or before the license
expiration date.
D.
Any person to knowingly affix to any dog any false or improper identification
tag.
E.
Any owner or custodian of any dog to fail to confine, restrain or
present such dog for any lawful purpose pursuant to this article.
F.
Any person to furnish any false or misleading information on any
form required to be filed with the Town of Austerlitz 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 Austerlitz may serve any process,
including an appearance ticket, a uniform appearance ticket and a
uniform appearance ticket and simplified information, 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.
A violation of this article shall be punishable by a fine of
not less than $50 nor more than $250, except that:
A.
When the person was found to have violated any part of this article
within the preceding five years, the fine may be not less than $100
nor more than $250; and
B.
Where the person was found to have committed two or more such violations
of any part of this article within the preceding five years, the fine
may be not less than $150 nor more than $400.
A.
Any Dog Control Officer, peace officer acting pursuant to his special
duties, or police officer in the employ of or under contract to the
Town of Austerlitz shall seize:
(1)
Any dog which is not identified and which is not on the owner's
premises;
(2)
Any dog which is not licensed, whether on or off the owner's
premises;
(3)
Any licensed dog which is not in the control of its owner or custodian
or not on the premises of the dog's owner or custodian, if there
is probable cause to believe the dog is dangerous;
(4)
Any dog found to be without vaccination for rabies; and
(5)
Any dog which poses an immediate threat to the public safety.
B.
Any Dog Control Officer in the employ of or under contract to the
Town of Austerlitz may seize any dog in violation of this article
or any other local law of the Town of Austerlitz relating to the control
of dogs.
C.
Each dog seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided.
D.
Each dog which is not identified, whether or not licensed, shall
be held for a period of at least five days from the day seized, during
which period the dog may be redeemed by its owner, provided that such
owner produces proof that the dog has been licensed and has been identified
pursuant to the provisions of this article, and further provided that
the owner pays the following impoundment fees:
(1)
The costs associated with the shelter, feeding, and care of the dog,
plus an impoundment fee of $15 for the first impoundment of any dog
owned by that person;
(2)
The costs associated with the shelter, feeding, and care of the dog,
plus an impoundment fee of $15 and $5 for each additional 24 hours
or part thereof for the second impoundment, within one year of the
first impoundment, of any dog owned by that person; or
(3)
The costs associated with the shelter, feeding, and care of the dog,
not less than $15 for the first 24 hours or part thereof and $15 for
each additional 24 hours or part thereof for the third and subsequent
impoundments, within one year of the first impoundment, of any dog
owned by that person.
E.
Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. Such dog shall be held for a period of 30 days after the date of the mailing or personal notice, during which period the dog may be redeemed by the owner. The owner may redeem such dog upon payment of the impoundment fees prescribed by Subsection D(1) through (3) of this section and by producing proof that the dog has been duly licensed.
F.
An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period, and the dog shall then be made
available for adoption.
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.
Any person who shall interfere with or obstruct any animal control
officer, police officer and any officer or agent of a duly incorporated
society for the prevention of cruelty to animals shall be guilty of
a misdemeanor, punishable by imprisonment for not more than one year
or by a fine of not more than $1,000, or both.
This article shall take effect on January 1, 2011.
