[Adopted 12-14-2010 by L.L. No. 1-2010]
The Town Board of the Town of Coxsackie finds it necessary to repeal Chapter
80 as it currently exists and to expand it to address more fully 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 and to protect the health, safety and well-being of persons and property by imposing restrictions and regulations upon keeping or running-at-large of dogs and the seizure thereof within the Town.
This article is enacted pursuant to § 10 of the Municipal
Home Rule Law and New York State Agriculture and Markets Law, Part
T, Chapter 59, of the Laws of 2010.
The title of this article shall be the "Dog Control Ordinance of the Town of Coxsackie." This title shall replace the current title to Chapter
80, "Dogs."
As used in this article, 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 CONTRQL OFFICER
Any individual appointed by the Town Board of the Town of
Coxsackie to enforce any and all New York State Agriculture and Market
Laws and local laws regulating dogs.
HARBOR
To provide food or shelter to any dog.
IDENTIFICATION TAG
A tag issued by the Town of Coxsackie which sets forth the
identification number assigned to a specific dog and such other information
deemed necessary by the Town of Coxsackie.
IDENTIFIED DOG
Any dog carrying an identification tag as required by this
article.
OWNER
Any person who harbors or keeps any dog. In the event that
any dog found in violation of this article shall be owned by a person
under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person (or the head of the household in which
said person resides).
TOWN CLERK
The Clerk of the Town of Coxsackie where dog licenses are
validated or issued pursuant to this article.
It shall be unlawful for any owner of any dog to permit or allow
such dog in the Town of Coxsackie to:
B. Engage in habitual loud howling, barking, crying or whining or to
conduct itself in such a manner so as to unreasonably and habitually
annoy any person.
C. Cause damage of destruction to property or commit a nuisance by defecating
or urinating upon the premises of a person other than the owner of
such dog.
D. Chase or otherwise harass any person in such a manner as reasonably
to cause intimidation or to put such person in a reasonable apprehension
of bodily harm or injury.
E. Habitually chase, run alongside of or bark at motor vehicles or bicycles.
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 Dog Control Officer when acting pursuant to his special
duties in the employ of or under contract to the Town of Coxsackie
observing a violation of this article in his presence shall issue
and serve an appearance ticket for such violation.