[HISTORY: Adopted by the Town Board of the
Town of Kent as indicated in article histories. Amendments noted where
applicable.]
[1]
Editor's Note: This local law also superseded
former Ch. 32, Dogs, which was adopted as follows: Art. I, Regulation,
10-1-1962, amended 3-5-1971; Art. II, Dog Warden; Pound, 8-27-1973
by L.L. No. 13-1973; Art. III, Licensing, 9-24-1979 by L.L. No. 5-1979.
This chapter shall be known and cited as the
"Animal Control Law" of the Town of Kent.
This chapter is enacted pursuant to the provisions
of Article 7 of the Agriculture and Markets Law of the State of New
York and § 130 of the Town Law of the State of New York.
The purpose of this article is to provide for the licensing
and identification of dogs. Effective January 1, 2011, the State of
New York has relinquished the responsibility of dog licensing function
to local municipalities and eliminated the Animal Population Control
Fund. Local municipalities will now be required to adopt legislation
relating to this issue.
A.
In
the event that any dog owned by a nonresident is harbored within the
Town of Kent, such dog shall be exempt from the identification and
licensing provisions of this article for a period of 30 days, provided
that such dog is licensed pursuant to the provisions of the law of
the area of residence.
B.
This
article shall not apply to any dog confined to the premises of any
incorporated society devoted to the care of lost, strayed or homeless
animals or confined to the premises of any public or private veterinary
hospital or kennel.
C.
This
article shall not apply to any dog confined to the premises of any
person, firm or corporation engaged in the breeding or raising of
dogs for a profit and licensed as a Class A dealer under the Federal
Laboratory Animal Welfare Act, provided that such person, firm or
corporation has obtained a New York State Certificate of Exemption.
As used in this article, the following terms shall have the
meanings indicated:
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog seized or surrendered,
from the Town's animal shelter.
Any individual appointed by the Town Board to assist in the
enforcement of this article.
The Town Clerk, or Deputy Town Clerk, of the Town of Kent,
by whom licenses are to be validated or issued.
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
Any member of the species canis familiaris.
To bring about death by humane method.
Any dog that is trained to aid the Animal/Dog Control Officer
in the control of geese within the boundaries of the Town.
Any dog that is trained to aid a person who is blind and
that is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred.
To provide food or shelter to any dog.
Any dog that is trained to aid a person with a hearing impairment
and that is actually used for such purpose, or any dog owned by a
recognized training center located within the State of New York during
the period such dog is being trained or bred for such training.
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
A structure used for the harboring of more than four dogs
that are more than six months old or more than 12 dogs that are under
six months of age either where a fee is paid for the boarding and
care of the dogs or where the dogs are maintained by the property
owner as pets. Any dog owner whose dogs bear more than one litter
of puppies that are of registered pedigree and offered for sale shall,
for the purposes of this article, be considered as maintaining a "dog
kennel" and must adhere to all regulations governing the same. Any
owner who is maintaining more than four dogs in a residential district,
may maintain those current dogs for the length of their life. When
the dogs expire or are transferred to another owner, they cannot be
replaced.
Any person who harbors or keeps any dog.
Any person with a disability as that term is defined in Subdivision
22 of § 292 of the New York State Executive Law.
Any dog owned or harbored by any municipal police department
or any state or federal law enforcement agency, which dog has been
trained to aid law enforcement officers and is actually being used
for police work purposes.
Any dog in a public place or on private lands without the
knowledge, consent and approval of the owner of such lands that is
not on a leash or otherwise restrained by its owner or the owner's
agent.
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and that is actually used for such purpose, or any
dog owned by a recognized training center located within the State
of New York during the period such dog is being trained or bred for
such purpose.
The Town of Kent, including incorporated areas.
Any dog which has been honorably discharged from the United
States armed services.
Any dog that is trained to aid in the search for missing
persons and that is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
A.
Licensing
of dogs.
(1)
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for
any dog under the age of four months that is not at large. A license
shall be renewed after a period of one year beginning with the first
day of the month following the date of issuance annually.
(2)
Application for a dog license shall be made to the Town Clerk.
(3)
The application shall state the sex, actual or approximate year of
birth, breed, color(s), and official identification number of the
dog, and other identification markers, if any, and the name, address,
telephone number, county and town of residence of owner.
(4)
The application shall be accompanied by a license fee as listed below
and a valid certificate of rabies vaccination or statement in lieu
thereof. In the case of a spayed or neutered dog, every application
shall also be accompanied by a certificate signed by a licensed veterinarian
showing that the dog has been spayed or neutered, provided that such
certificate shall not be required if the same is already on file with
the Clerk.
(6)
Upon validation by the Clerk, the application shall become a license
for the dog described therein. Once an application has been validated,
no refund shall be made.
(7)
The Clerk shall provide a copy of the license to the owner and retain
a record of the license in either paper or electronic format.
(8)
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.
(9)
No dog can be adopted out of the Town's animal shelter without
first obtaining a license from the Clerk.
B.
Rabies
vaccination. The Clerk, at the time of issuing any license pursuant
to this article, shall require the applicant to present a statement
certified by a licensed veterinarian showing that the dog or dogs
have been vaccinated to prevent rabies or, in lieu thereof, a statement
certified by a licensed veterinarian stating that because of age or
other reason, the life of the dog or dogs would be endangered by the
administration of vaccine. The Clerk shall make or cause to be made
from such statement a record of such information and file such record
with a copy of the license.
C.
Enumeration.
In addition to other applicable fees, any person applying for a dog
license for a dog identified as unlicensed during an enumeration shall
pay a fee as set by resolution of the Town Board and included in the
fee schedule.[2] Such additional fee shall be used to pay the expenses
incurred by the Town in conducting the enumeration. In the event that
the additional fees collected exceed the expenses incurred by the
Town in conducting an enumeration in any year, such excess fees may
be used by the Town for any other lawful purpose.
[Amended 3-7-2017 by L.L.
No. 2-2017]
[2]
Editor's Note: The fee schedule is on file in the Town
offices.
A.
Each
dog licensed shall be assigned, at the time the dog is licensed for
the first time, a permanent official identification number. Such identification
number shall be carried by the dog on an identification tag that shall
be affixed to a collar on the dog at all times.
B.
The
official identification number shall constitute the official identification
of the dog.
C.
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no charge. Any replacement tag shall
be obtained by the owner at his expense at a fee as set forth by resolution
of the Town Board and included in the Town fee schedule.[1]
[Amended 3-7-2017 by L.L.
No. 2-2017]
[1]
Editor's Note: The fee schedule is on file in the Town
offices.
D.
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number has
been assigned.
E.
The identification tag shall be imprinted with the words "Town of
Kent," a unique identification number, and the telephone number of
the Town Clerk's office.
A.
In the event of a change in ownership of any dog that 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, notify the Clerk.
B.
If any dog that has been assigned an official identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Clerk.
C.
In the case of a dog's death, the owner of record shall so notify
the Clerk, either prior to renewal of license or upon the time of
such renewal.
A.
It
shall be unlawful for any owner of any dog in the Town of Kent to
permit or allow such to:
(1)
Run at large.
(2)
Engage in loud howling or habitual barking, crying or whining or
so 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.
(3)
Chase and/or bark at motor vehicles or persons while on a public
street or highway or upon public or private property other than property
of the owner or harborer of said dog.
(4)
Jump upon, chase, bark at or otherwise harass any person in such
a manner as to reasonably cause intimidation or fear or to put such
person in reasonable apprehension of bodily harm or injury.
(5)
Defecate or urinate on, dig in or otherwise damage public property
or private property other than property of the owner or harborer of
said dog. No owner or possessor of a dog or domestic animal shall
suffer or permit it to soil, defile or commit any nuisance on any
commonfare, sidewalk, passageway, bypath, play area, park or any place
where the public congregates or walks or upon any lawn, shrubbery
or tree on any private property not belonging to the owner or custodian
of said dog or domestic animal. The owner or possessor of a dog or
domestic animal that permits the dog to soil, defile or commit any
nuisance on that portion of the property lying between the street
and the sidewalk (curbing of the dog) shall be responsible to clean
up, on an immediate basis, said defilement or nuisance (fecal matter).
[Amended 7-19-2011 by L.L. No. 4-2011]
(6)
Upset or otherwise interfere with garbage receptacles.
(7)
Cause damage to property or person of others.
(8)
Kill or injure any dog, cat or household pet.
(9)
Uproot, dig or otherwise damage any vegetable, lawn, flowers, garden
beds or other property without the consent or approval of the owner
thereof.
(10)
If a female dog, when in heat, be off the owner's premises unrestrained
by a leash.
B.
It
shall be unlawful for any persons residing in the Town of Kent to
keep or harbor any dog, cat or other animal in such a manner as to
create offensive odors, excessive noise or unsanitary conditions which
are a menace to the health, comfort or safety of the public.
Any dog which shall attack any person or domestic animal within
the meaning of Article 7 of the Agriculture and Markets Law of the
State of New York may in the alternative be dealt with in accordance
with Article 7 of said Agriculture and Markets Law.
A.
This article shall be enforced by the Dog Control Officer, by any
peace officer or by any person having jurisdiction under the Agriculture
and Markets Law. The Dog Control Officer is hereby authorized to issue
an appearance ticket pursuant to the Criminal Procedure Law of the
State of New York in the enforcement of this article.
B.
Any person who observes a dog in violation of this article may file
a complaint under oath with a Town Justice of the Town specifying
the nature of the 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 enforcing the provisions
of this article.
A.
Any dog in violation of this article may be seized by the Dog Control
Officer or any peace officer and shall be impounded and disposed of
in accordance with the provisions of Article 7 or other applicable
provisions of the Agriculture and Markets Law. The Dog Control Officer
or police officer may also investigate or refer to a Town Justice
of the Town any dangerous dog as described in Article 7 of the Agriculture
and Markets Law and see that the order of the Town Justice in such
case is carried out.
B.
No person shall hinder, resist or oppose the Dog Control Officer,
peace officer or other person(s) authorized to administer or enforce
the provisions of this article in the performance of the officer's
duties under this article.
C.
Each dog seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered for the redemption period
as herein provided in a facility so designated by the Town Board of
the Town of Kent.
D.
Each dog which is not identified, whether or not licensed, shall
be held for a period of at least five days from the date 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 impoundment fees set forth by resolution of the
Town Board and included in the Town fee schedule.[1]
[Amended 3-7-2017 by L.L.
No. 2-2017]
[1]
Editor's Note: The fee schedule is on file in the Town
offices.
E.
Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified by the Dog Control Officer personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of at least seven days after day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees to the Town of Kent prescribed by Subsection D of this section and by producing proof that the dog has been licensed.
F.
An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period, and it may be kept for three
months, with no liability to the Town of Kent, by the Putnam County
Humane Society, and all costs for keeping the dog shall be borne by
the Putnam County Humane Society. The dog shall be available for adoption
for the fee as set forth by resolution of the Town Board and on the
Town fee schedule[2] and thereafter shall be euthanized.
[Amended 3-7-2017 by L.L.
No. 2-2017]
[2]
Editor's Note: The fee schedule is on file in the Town
offices.
A.
It shall be a violation, punishable as provided in Subsection C of this section for:
(1)
Any owner to permit or allow any dog to commit one or more of the nuisances set forth in § 32-9 of this article.
(2)
Any owner to fail to license any dog.
(3)
Any person to knowingly affix to any dog any false or improper identification
tag or purebred license tag.
(4)
Any owner of any dangerous dog to fail to confine, restrain or present
such dog for any lawful purpose pursuant to this article.
B.
It shall be the duty of the Dog Control Officer to bring an action against any person who has committed within the Town of Kent any violation set forth in Subsection A of this section. Such violation may be prosecuted as a violation under the Penal Law of the State of New York or by an action to recover a civil penalty.
C.
A violation of this section shall be punishable either:
(1)
Where prosecuted as a criminal proceeding, by a fine of not less
than $25 nor more than $50 for the first violation committed under
this article; for the second violation committed under this article,
by a fine of not less than $50 nor more than $100; and where the person
was found to have committed three or more violations of this article,
by a fine of not less than $100 nor more than $250. Where a person
was found to have committed two or more violations of this article,
it shall be punishable by fines as set forth above 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 nor more than $50 for the first violation
committed under this article, for the second violation committed under
this article, by a civil penalty of not less than $50 nor more than
$100; and where the person was found to have committed three or more
violations of this article, by a civil penalty of not less than $100
nor more than $250.
D.
Each dog may be considered separately for the purpose of establishing
penalties for offenses under this article.
The owner or harborer of any dog so destroyed under the provisions
of this article, whether destroyed by the Dog Control Officer or a
peace officer or released to an authorized humane society or veterinarian,
shall not be entitled to any compensation, and no action shall be
maintainable thereafter to recover the value of such dog or any other
type of damage.
This local law shall take effect January 1, 2011, after filing
with the Secretary of State.
