[HISTORY: Adopted by the Town Board of the
Town of Bethel 12-8-2010 by L.L. No. 7-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 83,
Animals, consisting of Art. I, Dogs, adopted 7-6-1988 by L.L. No.
3-1988 (Ch. 60 of the 1990 Code), as amended, and provided for an
effective date of 1-1-2011.
The purpose of this chapter shall be to preserve the public peace and good order in the Town of Bethel and to contribute to the public welfare and good order of its people by enforcing certain regulations and restrictions on the activities of dogs and other animals that are consistent with the rights and privileges of the owners of dogs and other animals and the rights and privileges of other citizens in the Town of Bethel. Further, the purpose of this Chapter 83 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.
As used and intended in this chapter and for the purpose hereof,
unless the context otherwise indicates, the following terms shall
have the meanings indicated. This chapter shall also adopt the definitions
set forth at § 108 of the New York Agricultural and Markets
Law, except for those terms appearing below:
Any nonhuman animal consisting of a mammal or other vertebrate,
including but not limited to domesticated animals and domestic animals.
As applied to an animal, as herein defined, designates and
describes a domestic or domesticated animal when it is off the premises
of its owner or on the premises of another without the latter's
consent, without being contained by leash or accompanied by its owner
or other responsible person in full control of such animal. For the
purposes of this chapter, a dog or dogs hunting in company with a
hunter or hunters shall be considered as accompanied by its owner
in full control of such dog.
As applied to a domestic or domesticated animal, that such
animal is securely confined or restrained and kept on the owner's
premises, either within a building, kennel or wire or other suitable
enclosure or securely fastened on a chain, wire or other effective
tether of such length and so arranged that the animal cannot reach
or endanger any person or any adjacent premises or be on any public
street, way or place, or, if the animal is being transported by the
owner, that it is securely confined in a crate or other container
or so restrained in a vehicle that it cannot escape therefrom.
Any animal which, without just cause, bites, attacks, chases
or snaps at or otherwise threatens to attack any person or attacks
and wounds a dog or other domesticated animal or domestic animal or
which displays any other fierce, vicious or dangerous propensities.
Any animal that has had its behavior, life cycle, or physiology
systemically altered as a result of being under human control and
is kept as a household pet, including but not limited to dogs, cats,
and similar pets.
A tag issued by the Town which sets forth an official identification
number together with the following contact information, which contact
information may be revised from time to time by resolution of the
Town Board:
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Town of Bethel
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State of New York
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(845) 583-4350
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Identification No. ____________
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Any person who harbors or keeps any dog or animal. The term
"owner" includes any owner of record. If a dog is not licensed, the
term "owner" shall include any person who at any time owns or has
custody or control of, harbors or is otherwise responsible for any
dog which is kept, brought or comes within the Town.
The person in whose name any dog was last licensed under
the provisions of 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 § 112 of the Agriculture and Markets Law, 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.
As applied to an animal:
A.
Any dog which, by its frequent barking, howling or whining or other
disturbing noise, unreasonably disturbs the comfort and/or repose
of any person or persons so as to injure health or interfere with
sleep.
B.
Any animal which habitually chases any persons or bicycles, automobiles
or other vehicles upon any public highway or in any such public place.
C.
Every animal which is a dangerous animal, and every such animal is
hereby declared to be a public nuisance.
D.
TOWN
TOWN BOARD
Every animal which creates a health hazard.
The area within the corporate limits of the Town of Bethel.
The governing body comprised of the duly elected or appointed
members of the Town Board of the Town of Bethel.
The owner of every animal which is at any time kept, brought
or comes into the Town will be held responsible for the strict observance
by such animal and with respect to such animal of all the rules and
regulations contained in this chapter at all times when such animal
is within the Town.
The owner of every female animal must effectively confine to
his or her premises such animal at all times during every period while
such animal is in heat.
No person who owns a dog shall permit such dog to be at large
in the Town of Bethel, Sullivan County, New York, unless under a leash
not exceeding eight feet in length, other than when on the premises
of the person owning, keeping, harboring or having the custody and
control of such dog or upon the premises of another with the knowledge,
consent and approval of the owner of said premises or when hunting
in the company and under the control of a hunter or hunters.
It shall be unlawful for any animal determined to be dangerous
to be at large within the Town of Bethel at any time, even though
such animal is licensed, muzzled and effectively immunized against
rabies. A dangerous animal which is found at large may be seized and
impounded. If any dangerous, fierce or vicious animal found at large
cannot be safely taken up and impounded, such animal may be summarily
euthanized. The Animal Control Officer shall, if necessary, photograph
such animals for future identification purposes.
A.
The
Town of Bethel shall appoint an Animal Control Officer as needed,
pursuant to the appropriate statute of the State of New York. It shall
be the duty of such Animal Control Officer of the Town of Bethel to
enforce the appropriate provisions of the Agriculture and Markets
Law with respect to dogs in the Town of Bethel and to enforce this
chapter.
B.
The
Animal Control Officer of the Town of Bethel is authorized to seize
any animal which is found to be in violation of any portion of this
chapter as well as any dog otherwise required to be seized under and
by virtue of the Agriculture and Markets Law of the State of New York.
All complaints concerning alleged violations of this chapter shall
be communicated to the Animal Control Officer. All such complaints
shall be investigated, and it shall be the duty of the Animal Control
Officer in the appropriate case to proceed with civil or criminal
enforcement of this chapter or any other provisions of law pertaining
hereto.
C.
The
Animal Control Officer is authorized to issue appearance tickets.
All complaints made under any provisions of this chapter must
be in writing, signed and sworn to before a Town Justice. Such complaint
shall be promptly heard and determined by a currently presiding Town
Justice after written notice of said complaint to the owner of such
animal, appointing a time for such hearing, which shall not be less
than three days after service of said notice on the owner. Service
of the notice may be satisfied by personal service, certified mail,
return receipt requested, or by any other method reasonably calculated
to provide actual notice to the owner as determined by the Town Justice.
If the Town Justice finds that the complaint made is duly established,
he shall determine and declare such animal to be a public nuisance
or make any other determination consistent with the provisions of
this chapter and other laws relating thereto.
A.
Disturbing the peace. It shall be unlawful to own, harbor or keep
in custody any dog which disturbs the peace by barking between the
hours of 7:00 a.m. and 9:00 p.m. for more than one hour, or for a
period of less than one hour but more than 1/2 hour when said period
occurs on two consecutive days. Between 9:00 p.m. and 7:00 a.m., barking
for more than 1/2 hour or for a period of less than 1/2 hour but more
than 1/4 hour when said period occurs on two consecutive days is unlawful.
Such behavior shall be deemed to disturb the peace and cause the annoyance
and discomfort of persons in the Town of Bethel.
B.
Warning procedure.
(1)
Any resident of the Town may request, in writing, that the Town of
Bethel Animal Control Officer, Constable or Code Enforcement Officer
warn any person who shall own, harbor or keep in custody any dog which
disturbs the peace by barking.
(2)
Any such request shall identify the owner of the premises, the keeper
or custodian of the dog and the name and address of the person making
the request. Upon receipt of such request the Town of Bethel Animal
Control Officer, Constable or Code Enforcement Officer shall investigate
the complaint and, upon satisfaction that there is probable cause
that such complaint is valid, shall give the owner, keeper or custodian
of the dog a warning.
(3)
The warning shall consist of personal delivery of a copy of these
provisions to such owner, keeper or custodian, or to someone in their
household, or by mailing a copy of these provisions if the violator
resides outside of Bethel Town, together with a written notice that
no further warning shall be given and that any future complaints shall
be prosecuted according to law.
Any dog at large which does not display any current dog license
or other means of identification or which fails to exhibit any evidence
of having had administered to it a rabies vaccination shall be considered
an abandoned dog and may be summarily seized and impounded by the
Animal Control Officer.
A.
Every dog seized shall be properly fed and cared for at the expense
of the Town of Bethel until disposition thereof as herein provided
and in accordance with the applicable provisions of the Agriculture
and Markets Law of the State of New York.
B.
Every dog seized shall be treated in a humane manner.
C.
If the dog seized bears a valid license tag, the Animal Control Officer
shall ascertain the owner of the dog and shall give immediate notice
by personally serving the owner of record or by mailing said notice
to such owner of record or an adult member of his or her family, with
a notice in writing stating that the dog has been seized and will
be made available for adoption or euthanized unless redeemed as herein
provided.
D.
The owner of a dog so seized may redeem the dog within seven days, except that the owner of a dog bearing a valid license tag may redeem the dog within 12 days, by paying to the Town Clerk or Animal Control Officer such impoundment fees as set forth at § 83-18 hereof, plus the amount of care and maintenance of the dog reasonably expended by the Town during its period of impoundment.
E.
If not so redeemed, the owner shall forfeit all title to the dog, and the dog shall then be made available for adoption or euthanized subject to the provisions of Agriculture and Markets Law §§ 118 and 374, as applicable. In the event of such adoption, the purchaser shall pay to the Town Clerk such impoundment fees as set forth at § 83-18 hereof, plus the amount of care and maintenance of the dog reasonably expended by the Town during its period of impoundment. The purchaser shall also obtain a license for such dog in the Town where the purchaser resides. The Animal Control Officer who causes such dog to be euthanized shall make a written report of such destruction and disposition to the Town Clerk, stating that the dog was euthanized. The Town Clerk shall keep a record of all dogs which are euthanized.
It shall be unlawful to keep more than four dogs of licensing age on any property, regardless of the number of owners, unless there is minimum of 10,000 square feet of lot area per dog and a special use permit has been obtained to operate a kennel on said premises. Kennels shall be located only within those specific zoning districts so designated under Chapter 345, Zoning, and the Planning Board shall be authorized to impose special setbacks, buffers and other measures to limit noise, odor, water pollution and other impacts on adjacent properties. No kennel shall be operated on any property which lacks a full-time manager or resident manager to deal with problems of noise and other impacts on adjoining properties.
A.
All dogs within the Town of Bethel four months of age or older, unless
otherwise exempted, shall be licensed. Notwithstanding the foregoing,
any dog under the age of four months which is found to be at large
by any Town employee authorized to enforce this section must be licensed.
The owner of each dog required to be licensed shall obtain, complete
and return to the Town Clerk a dog license application together with
the license application fee, any applicable license surcharges and
such additional fees as may be established by the Town of Bethel.
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, two, or three years at the election
of the applicant and shall not be transferable.
B.
In the case of a spayed or neutered dog, every license application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered, provided such certificate or affidavit shall not be required if the same is already on file with the Town Clerk or Animal Control Officer. In lieu of the spay or neuter certificate, an owner may present a statement certified by a licensed veterinarian stating that he has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth at § 83-16, hereof.
C.
Each dog licensed pursuant to this chapter shall be assigned, at
the time the dog is first licensed, a permanent official identification
number. Such identification number shall be carried by the dog on
an identification tag which shall be affixed to a collar on the dog
at all times.
D.
The Town Clerk shall, 30 days prior to the month of expiration of
any dog license issued hereunder, send written notification of the
obligation to renew any expiring dog license to the owner of record.
The Town Clerk shall, 30 days after the month of expiration of any
dog license issued hereunder which has not been renewed, send written
notification of the obligation to renew any expired dog license to
the owner of record.
A.
Any dog harbored pursuant to the provisions of Agriculture and Markets
Law § 107, Subdivisions 3 and 4, is exempt from the licensing
and identification provisions of this chapter.
B.
Any dog held at a shelter or pound operated pursuant to a contract
with the Town of Bethel or any duly incorporated society for the prevention
of cruelty to animals, humane society, or dog protective association
is exempt from the licensing and identification provisions of this
chapter.
C.
Any dog harbored within the Town of Bethel which is owned by a resident
of New York City or licensed by the City of New York, or which is
owned by a non-resident of New York State 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 chapter.
The Town of Bethel may authorize any shelter under contract with the Town of Bethel acting by the shelter manager to provide, accept and grant an application for a dog license made by a resident of the Town of Bethel at the time of the adoption of a dog from such shelter provided that such application is made in accordance with § 83-13 hereof and the license fee, and any surcharges shall be remitted to the Town Clerk of the Town of Bethel on or before the third day of the month following the month in which the license fee and additional fee and surcharge was received. Copies of any license issued under this section shall be:
A.
There shall be a fee for a dog license application made in accordance with § 83-13 hereof as well as dog license surcharges and additional dog license fees, as set forth herein. These license fees and surcharges will be established and revised, as necessary, from time to time by resolution of the Town Board. License fees and surcharges shall be established for one-, two- and three-year licenses.
B.
In addition to the license fee imposed by § 83-16A, each applicant for a dog license shall pay an additional surcharge for any dog four months of age or older which has been spayed or neutered in accordance with § 110 of the Agriculture and Markets Law. All fees collected pursuant to the provisions of this subsection shall be forwarded by the Commissioner to the State Comptroller for deposit in the animal population control fund, created pursuant to § 97-xx of the State Finance Law and § 117-a of the Agriculture and Markets Law.
C.
In addition to the license fee imposed by § 83-16A, each applicant for a dog license shall pay an additional surcharge for any dog four months of age or older which has not been spayed or neutered, unless the owner presents with the license application a statement certified by a licensed veterinarian stating that, because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In accordance with § 110 of the Agriculture and Markets Law, all fees collected pursuant to the provisions of this subsection shall be forwarded by the Commissioner to the State Comptroller for deposit in the animal population control fund, created pursuant to § 97-xx of the State Finance Law and § 117-a of the Agriculture and Markets Law.
D.
There shall be no fee for any license issued for any guide dog, hearing
dog, service dog, war dog, working search dog, detection dog, police
work dog or therapy dog. Each copy of any license for such dogs shall
be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog,"
"Working Search Dog," "War Dog," "Detection Dog," "Police Work Dog"
or "Therapy Dog," as may be appropriate, by the Town Clerk.
In addition to any other applicable fee, any person applying for a dog license for a dog identified as unlicensed during an enumeration conducted pursuant to § 83-23 hereof shall pay an additional fee as established from time to time by resolution of the Town Board. Such additional fee shall be the property of the Town of Bethel and shall be used to pay the expenses incurred by it in conducting the enumeration. In the event the additional fees collected exceed the expenses incurred by the Town of Bethel in conducting an enumeration in any year, such excess fees may be used by the municipality for any other lawful purpose.
A.
The owner of any dog impounded by the Town of Bethel shall be entitled to redeem that dog within the time period established by § 83-11 hereof, excluding the day the dog is impounded, from the day the dog is impounded, provided that the owner produces proof the dog is licensed and identified. The owner of any dog impounded by the Animal Control Officer shall pay impoundment fees as established from time to time by resolution of the Town Board.
B.
All impoundment fees shall be the property of the Town of Bethel
and shall be used only for controlling dogs and enforcing this section
and the applicable provisions of the Agriculture and Markets Law § 117,
including subsidizing the spaying or neutering of dogs and any facility
as authorized under § 116 of the Agriculture and Markets
Law used therefor, and subsidizing public humane education programs
in responsible dog ownership.
C.
No unlicensed dog otherwise required to be licensed under this chapter
will be released from impoundment until the owner secures a dog license
from the Town Clerk in the Town where the owner resides.
The Animal Control Officer shall not release any dog for adoption
to any person unless prior thereto:
A.
The dog has been spayed or neutered; or
B.
The person intending to adopt a dog shall have executed a written
agreement with the animal shelter, pound, dog control officer, humane
society, dog protective association, or duly incorporated society
for the prevention of cruelty to animals, to have the dog spayed or
neutered within 30 days from the adoption date, or in the case of
a dog which has not yet reached sexual maturity, within 30 days of
the dog reaching six months of age. The person intending to adopt
a dog shall deposit with the Animal Control Officer an amount of not
less than $35 or as may be revised from time to time by resolution
of the Town Board; or
C.
The person intending to adopt a dog shall have executed a written
agreement with the Animal Control Officer to have the dog spayed or
neutered within 30 days from the adoption date, or in the case of
a dog which has not yet reached sexual maturity, within 30 days of
the dog reaching six months of age. The person intending to adopt
a dog shall have paid an adoption fee which includes the cost of the
spay or neuter procedure. The written agreement shall require that
the Animal Control Officer bear the cost of the spay or neuter procedure
upon payment of the adoption fee. The age of the dog at the time of
adoption shall be determined by the Animal Control Officer and such
age shall be clearly written on the written agreement prior to the
agreement being executed by the person adopting the dog.
A.
The Town reserves its rights under § 118 of the Agriculture
and Markets Law to prosecute a violation or seek a civil penalty from
the owner or custodian of a dog for any of the offenses described
therein, including an unlicensed dog or a dog at large, as follows:
(1)
Where prosecuted pursuant to the Penal Law, by a fine of not less
than $25, except that:
(a)
Where the person was found to have violated § 118
of the Agriculture and Markets Law or former Article 7 of Chapter
69 of the Agriculture and Markets Law within the preceding five years,
the fine may be not less than $50 dollars; and
(b)
Where the person was found to have committed two or more such
violations within the preceding five years, he or she shall be punishable
by a fine of not less than $100 or imprisonment for not more than
15 days, or both; or
(2)
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $25, except that:
(a)
When the person was found to have violated § 118 of
the Agriculture and Markets Law or former Article 7 of Chapter 69
of the Agriculture and Markets Law within the preceding five years,
the civil penalty may not be less than $50; and
(b)
Where the person was found to have committed two or more such
violations within the preceding five years, the civil penalty may
not be less than $100.
B.
The Town may prosecute as an action to recover a fine or civil penalty for any violations of this Chapter 83 as follows:
(1)
An owner or custodian of a dog in violation of § 83-5, Leash requirements, shall be subject to a civil penalty of not less than $75 for the first offense and subject to a fine of not less than $100 for each subsequent offense for the same dog that occurs within 365 days of the date of a prior conviction or civil determination for the same offense;
(2)
An owner or custodian of an animal or dog in violation of § 83-6, Dangerous animals, shall be subject to a fine of not less than $250 for the first offense and subject to a fine of not less than $350 for each subsequent same offense for the same animal or dog that occurs within 365 days of the date of a prior conviction for the same offense. Within 30 days of any judicial determination that an animal or dog is a dangerous animal, said animal or dog, at the sole cost and expense of the owner or custodian thereof, must be spayed or neutered and implanted with a microchip permanently identifying the animal or dog as a dangerous animal;
(3)
An owner or custodian of an animal or dog in violation of § 83-8, Animals as public nuisances, shall be subject to a civil penalty of not less than $75 for the first offense and subject to a fine of not less than $100 for each subsequent offense for the same animal or dog that occurs within 365 days of the date of a prior conviction or civil determination for the same offense;
(4)
An owner or custodian of a dog in violation of § 83-9, Limitations on dog barking, shall be subject to a civil penalty of not less than $75 for the first offense and subject to a fine of not less than $100 for each subsequent offense for the same dog that occurs within 365 days of the date of a prior conviction or civil determination for the same offense; and
(5)
An owner or custodian of an animal or dog in violation of this Chapter 83 of the Town Code not otherwise designated in § 83-20B(1) through (4) above shall be subject to a fine or civil penalty not to exceed $50 for the first offense and subject to a fine of not less than $75 for each subsequent offense for the same animal or dog that occurs within 365 days of the date of a prior conviction or civil determination for the same offense.
C.
Each day of violation shall constitute a separate offense.
A.
In the event of a change in the ownership of any dog which has been
assigned an official identification number or in the address of the
owner of record of any such dog, the owner of record shall, within
10 days of such change, file with the Town Clerk a written report
of such change. Such owner of record shall be liable for any violation
of this chapter until such filing is made or until the dog is licensed
in the name of the new owner.
B.
If any dog which has been issued a license is lost or stolen, the
owner of record shall, within 10 days of the discovery of such loss
or theft, file with the Town Clerk a written report of such loss or
theft. In the case of a loss or theft, the owner of record of any
such dog shall not be liable for any violation of this chapter committed
after such report is filed.
C.
In the case of a dog's death, the owner of record shall so notify the Town Clerk either prior to renewal of licensure or upon the time of such renewal as required by § 83-13 hereof. Failure to notify the Town Clerk of the death of a dog as so required herein shall constitute a violation and the owner of record shall be held liable.
The owner, owner of record, harborer or possessor of any animal
seized, euthanized or adopted under the provisions of this chapter
shall not be entitled to any compensation, and no action shall be
maintainable against the Town thereafter to recover the value of said
animal or other damages absent proof of gross negligence or willful
conduct on the part of the Town, its officers, employees, contractors
or agents.
The Animal Control Officer appointed in accordance with this
chapter shall conduct a dog enumeration every three years first commencing
in the year after the adoption of this chapter. The Animal Control
Officer shall ascertain and list the names of all persons in the Town
owning or harboring dogs and make a written report thereof within
two weeks of the completion of the dog enumeration. Said report shall
be filed with the Town Clerk.
A dog participating in a duly authorized dog show held within
the Town shall be exempt from the identification requirement of § 111
of the Agriculture and Markets Law during such participation.
If any section, subsection, sentence, clause, phrase, or work
of this chapter is for any reason held to be invalid by any court
of competent jurisdiction, such decision shall not affect the validity
of the remaining provisions hereof.
