City of Beacon, NY Chapter 99 Dogs and Other Animals

[HISTORY: Adopted by the Council of the City of Beacon 9-20-1999 by L.L. No. 17-1999.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Noise — See Ch. 149.

[1] Editor's Note: This local law superseded former Ch. 99, Dogs and Other Animals, consisting of Art. I, General Provisions, adopted 1-17-1972 as §§ 6-1 through 6-5 of Art. I of Ch. 6 of the 1972 Code of Ordinances, as amended, and Art. II, Dogs, adopted 1-17-1972 as Art. II of Ch. 6 of the 1972 Code of Ordinances, as amended.

Article I Dog Licensing; Other Animals; General Regulations

§ 99-1 Dog licenses required; fees.

[Amended 12-20-2010 by L.L. No. 21-2010; 8-6-2012 by L.L. No. 19-2012]

A. All dogs within the City of Beacon three months of age or older shall be licensed. The owner of each dog required to be licensed shall obtain, complete and return to the City Clerk's office a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the City in the fee schedule. Licenses and municipal identification tags and sleeves are not transferable. The City of Beacon does not issue purebred licenses.

B. Fees. Any person applying for a dog license, registration tag or registration sleeve shall pay the fee as required by this chapter and the fee schedule.[1]

(1) The fee for obtaining a license for a spayed or neutered dog shall be set by the City Council in the fee schedule. The fee shall include a state assessment pursuant to § 110, Subdivision 3, of the New York State Agriculture and Markets Law and any other surcharges and/or assessments allowed by law.

(2) The fee for obtaining a license for an unspayed or unneutered dog shall be set by the City Council in the fee schedule. The fee shall include a state assessment pursuant to § 110, Subdivision 3, of the New York State Agriculture and Markets Law and any other surcharges and/or assessments allowed by law.

(3) In addition to the license fee imposed herein the owner of a dog may also be required to pay:

(a) An enumeration fee, as set forth in the City Fee Schedule, to offset the cost of canvassing the City for unlicensed dogs. An enumeration fee shall be assessed to any dog owner harboring one or more unlicensed dogs, age three months or older at the time they are discovered by the City Dog Control Officer or any other City officer authorized to enforce this chapter.

(b) A penalty fee, as set forth in the City Fee Schedule, for failure to timely renew an expired license for any dog aged three months or older. The penalty fee is assessed upon application for renewal of a preexisting, expired dog license and in addition to the usual fee for dog license renewal.

(4) The City may charge a fee, as set forth in the City Fee Schedule, for replacement of any dog license or dog registration tag or sleeve that is lost or stolen.

(5) Fee exemption. The City of Beacon exempts the payment of all licensing fees for the types of service dogs listed in § 110, Subdivision 2, of the Agriculture and Markets Law. All other licensing requirements of such dogs shall be followed as provided herein.

[1] Editor's Note: The fee schedule is on file in the City offices.

C. Each license issued shall be valid for a period of one year, expiring on the last day of the month said license is issued.

D. Notification by owner.

(1) A dog owner is required to notify the City of Beacon City Clerk's office when:

(a) There is a change of ownership of the dog.

(b) A dog has been lost or stolen.

(c) A change of address of the dog owner.

(2) Failure to adhere to these notification requirements shall be considered a violation of this chapter.

E. The City of Beacon does not allow the licensing of dogs by a shelter. The shelter must notify the adoptive owners of their responsibility to license any dog who will be living within the City of Beacon within 30 days of adoption.

§ 99-2 Vaccination and license requirements.

A. Vaccination and license requirements. No person shall own, keep, harbor or maintain a dog over three months of age within the City of Beacon unless such dog is vaccinated and licensed. The licensing provision of this section does not apply to dogs held in a kennel or pet shop.

[Amended 5-5-2003 by L.L. No. 4-2003]

B. Vaccination. All dogs shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization published by the National Association of State Public Health Veterinarians, except as provided for in Subsection D.

C. Vaccination certificate. A certificate of vaccination shall be obtained by the dog owner for each dog vaccinated and shall be provided to the licensing authority as proof of rabies vaccination.

D. Exemptions. Any dog may be exempted from the requirements of such vaccination for a specified period of time by the Dutchess County Department of Health upon presentation of a veterinarian's certificate stating that, because of an infirmity or other physical conditions, or regimen of therapy, the inoculation of such dog shall be deemed inadvisable.

E. Time for applying for license. The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for a license, registration tag or sleeve for such dog within 10 days after such acquisition or age attainment. This requirement shall not apply to a nonresident keeping a dog within the City of Beacon for no longer than 30 days.

F. Dogs brought into the City of Beacon.

(1) Any person who shall bring or cause to be brought into the City of Beacon any dog licensed in another state for the current year and bearing a registration tag or sleeve and who shall keep the same or permit the same to be kept within the City of Beacon for a period of more than 30 days shall immediately apply for a New York State license and registration tag or sleeve for each such dog.

(2) Any person who shall bring or cause to be brought into the City of Beacon any unlicensed dog and who shall keep the same or permit the same to be kept within the City of Beacon for a period of more than 30 days shall immediately apply for a license and registration tag or sleeve for each such dog.

G. Application, contents and preservation of information. The application shall state the breed, sex, age, color and markings of the dog for which a license and registration tag are sought, information as to whether it is spayed/neutered and whether it is of a long-haired or short-haired variety and also the name, street, post office address and telephone number of the owner and the person who shall keep or harbor such a dog. The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the Dog Control Officer.

H. License form and tags. License forms and a municipal identification tag shall be furnished by the City of Beacon. The municipal identification tag sets forth an identification number unique to the dog licensed, a reference to the City of Beacon, Sate of New York and a telephone number of the City Clerk's Office for the City of Beacon.

[Amended 12-20-2010 by L.L. No. 21-2010]

I. Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license. Unless otherwise provided by New York State law, the City Clerk shall not grant any license and official registration tag or sleeve for any dog unless the owner thereof provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type and approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services or has been certified exempt as provided by Subsection D of this section. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other persons permitted by law to do the same.

J. License fee schedule. A license shall be issued after payment of the fee required as set forth in the fee schedule.

[Amended 12-20-2010 by L.L. No. 21-2010]

K. Person authorized to issue licenses. It shall be the duty of the City Clerk to issue all license certificates on payment of the license fee required by this chapter, to receive any and all license fees paid for dogs in accordance with the chapter, to keep a record of all such fees, to issue a certificate therefor showing the name and residence of the person paying the fee, together with the number designated upon the municipal identification tag furnished therewith, and to pay over all moneys collected for such fees and tags to the City Clerk within 30 days.

[Amended 12-20-2010 by L.L. No. 21-2010]

L. Registration tag to be worn; unofficial tags prohibited.

(1) Each and every dog licensed in accordance with this chapter shall wear a collar, sleeve or other device to which shall be securely attached the registration tag required in § 99-2H bearing the number of the license certificate, except when the dog is in the owner's house.

(2) The use of any other tag as a substitute for those furnished by the City is hereby strictly forbidden, and any person found guilty of using such other tag shall be deemed guilty of violating this chapter.

M. Loss of license. If a municipal identification tag has been misplaced or lost, the City Clerk may issue a replacement tag for that particular dog at a replacement fee as provided by the fee schedule.

[Amended 12-20-2010 by L.L. No. 21-2010]

N. Proof of licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring a dog, upon request of any health official or other authorized person.

O. Disposition of fees collected from licensing activities. License fees and other moneys collected or received under the provisions of this chapter as they pertain to dog licensing shall be governed by New York State Agriculture and Markets Law and other laws, rules and regulations of the State of New York.

P. The Dog Control Officer of the City of Beacon shall cause the provisions of this chapter to be enforced as herein provided.

§ 99-3 Stalls and stables to be kept in clean and wholesome condition.

Every owner, lessee, tenant or occupant of any stall, stable or apartment in which any horse, cattle, swine or any other animal shall be kept, or of any place in which manure or any liquid discharge of such animals shall collect or accumulate, shall daily cause such liquid and manure to be removed to some proper place where the same cannot become a nuisance, annoyance or a detriment to the public health and comfort and shall keep or cause to be kept such stalls, stables or apartments, and the drainage, yard and appurtenances thereof, in a clean and wholesome condition.

§ 99-4 Keeping of noisy animals prohibited.

It shall be unlawful for any person knowingly to keep any dog or other animal which habitually barks, howls, yelps, whines or cries to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such animals are hereby declared to be a public nuisance and, pursuant to the Code of the City of Beacon, § 149-5B, are also declared to be causing a disturbing noise.

§ 99-5 Keeping of horse, cattle and swine.

No person shall keep any horse, cattle and swine on any premises in the City within 200 feet of any dwelling house, street or highway in the City without a permit from the Dutchess County Department of Health.

§ 99-6 Keeping of fowl or poultry.

[Amended 12-2-2013 by L.L. No. 19-2013]

A. Purpose. The City Council of the City of Beacon recognizes that the keeping of chickens can be a safe, productive, nondisruptive practice, provided that such animals are properly cared for in a clean, structurally sound environment, kept in appropriate numbers, and maintained at a reasonable noise level, with both food sources and waste properly contained and managed to avoid odors or the attraction of wildlife or vermin. Accordingly, the City Council has decided to enact a local law to regulate the keeping of chickens on residential properties within the City so as to ensure that these animals are kept and maintained in a manner that protects the City and its residents from nuisances associated with their keeping.

B. Permit required.

(1) Any person wishing to keep chickens on residential property in the City of Beacon shall first obtain a permit from the City Building Department and pay a fee, as set forth in the City fee schedule.[1] The permit application shall be on such forms as are provided by the Building Department. The written consent of the owner(s) of the subject real property shall be required for any application made by a person other than the property owner(s).

[1] The fee schedule is on file in the City offices.

(2) Persons keeping chickens on their property as of the date of the adoption of this section shall have 30 days in which to apply for and obtain a permit.

C. Standards for the keeping of chickens. The keeping of chickens shall be subject to the following conditions and requirements, which shall be observed at all times:

(1) Chickens shall be provided with adequate food and water at all times.

(2) Chickens shall be kept within a fenced enclosure.

(3) All chicken enclosures must be clean and free of noticeable odors across property lines.

(4) A person granted a permit pursuant to this section may keep a number of chickens on his/her property at one time which complies with a living space allocation of 14 square feet of enclosure space per chicken, provided the number of chickens kept on a single property shall not exceed 12. "Enclosure space" shall be defined herein as the combined square footage of the outside enclosure space and any interior coop space.

(5) All enclosures shall be in the rear or side yard of the property on which they are located. Enclosures shall be kept no closer than 15 feet to any dwelling, whether located on the permitted property or an adjacent lot. The total combined outdoor enclosure and coop space may not exceed 10% of the total yard square footage. If the size of the enclosure exceeds 144 square feet, the enclosure must be kept a minimum of five feet from any property line and shall be deemed a structure requiring approval from the Building Department.

(6) No property may have more than one enclosure for the keeping of chickens. A single mobile enclosure, such as a chicken tractor, is allowed for the purpose of free-ranging or isolating chickens, provided its use is restricted to the rear and side yards of the property on which it is located.

(7) All enclosures shall be constructed and maintained in such a manner as will safely and securely house chickens and shall be kept free of rodent infestation at all times.

(8) Chicken enclosures which predate the amendment of this section may be grandfathered from Subsection C(5) of this section pending inspection and approval by the Building Inspector as soon as practicable following the enactment of the amendment of this section provided the application required in Subsection B(2) is submitted to the City. Any enclosure that is grandfathered may not be enlarged in any respect and must be removed if damaged or replaced more than 50%.

(9) Chickens may be allowed outside of coops for the purpose of free-ranging, i.e., feeding and exercise within the enclosure, provided it shall be unlawful for any chickens to run at large. "Run at large" shall be defined herein as chickens escaping or otherwise leaving the permitted property outside the confines of a cage or enclosure used for their transportation. It shall also be a violation for any chicken running at large to uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or personal or real property not belonging to the owner of such chickens.

(10) All feed and other materials associated with the keeping of chickens shall be protected in a container with a tightly fitted lid so as to prevent the attraction of rodents or other pests.

(11) Keeping of roosters, ducks, geese, swans, turkeys or any other species of birds or fowl which are not traditionally confined to a cage inside a dwelling is prohibited.

(12) The slaughtering of chickens must be carried out in a sanitary fashion, out of public view and in accordance with all applicable federal, state, county and local laws and regulations. Meat from slaughtered chickens and eggs may not be sold. This subsection shall not apply to lawful poultry, livestock, or butcher operations.

D. Enforcement.

(1) Any violation of this section will result in a written warning by the Building Inspector, with two weeks to correct the violation. Any person who fails to correct a violation of this section following issuance of a written warning shall be issued a written notice by the Building Inspector requiring the removal of all chickens and related infrastructure from the subject property within two weeks' time. Failure to remove the chickens and related infrastructure within the two-week period pursuant to a removal notice shall constitute a violation of this section, with subsequent violations accruing every two weeks thereafter until compliance. The initial notice of violation pursuant to this section shall, upon conviction, be punishable by a fine of $50. Any subsequent violation of this section shall, upon conviction, be punishable by a fine not exceeding $250 per violation.

(2) Notwithstanding Subsection D(1), the Building Inspector may revoke immediately any permit granted pursuant to this section if the Building Inspector determines, in his/her sole discretion, that the keeping of chickens on the subject property in its then-existing condition presents a nuisance for neighboring properties and/or an unreasonable risk to the health, safety and general welfare of the surrounding neighborhood.

§ 99-7 Abatement of nuisances.

The Dog Control Officer shall have full power to abate any and all nuisances arising from the keeping of animals, fowl, chickens, ducks, geese or poultry, whether directly affected by the foregoing sections or not; and the Dutchess County Department of Health shall be the sole judge as to whether such stalls, coops or houses shall require cleaning or disinfecting.

Article II Dogs

§ 99-8 Adequate shelter required; electric fences.

A. All premises occupied or used by dogs shall be kept in a clean, sanitary condition. Failure to provide adequate food, water or shelter shall be a violation, and a dog may be seized in accordance with § 99-13.

B. Anyone who has an electric fence must identify said electric fence with a sign warning the public of its existence.

§ 99-9 Prohibited acts.

A. It shall be unlawful for any owner of any dog in the City of Beacon to permit or allow such dog to:

(1) Run at large.

[Amended 7-5-2011 by L.L. No. 9-2011]

(a) Run at large unless the dog is restrained by an adequate leash. "Run at large" shall be defined herein as leaving the dog owner's parcel. "Adequate leash" is defined as a leash which will control the dog sufficiently to protect the public. This law shall not apply to the use of trained canines by the Beacon Police Department or dogs located within fenced-in areas in the Friends of Beacon Dog Park located in Memorial Park; and

(b) Violate any of the Friends of Beacon Dog Park rules and regulations when using the Friends of Beacon Dog Park, including but not limited to the requirement that membership be obtained with Friends of Beacon Dog Park, Inc., and dogs be properly licensed before using the Friends of Beacon Dog Park.

(2) Run at large unless the dog is restrained by an adequate leash. "Run at large" shall be defined herein as leaving the dog owner's parcel. "Adequate leash" is defined as a leash which will control the dog sufficiently to protect the public. This law shall not apply to the use of trained canines by the Beacon Police Department.

(3) Engage in habitual loud howling, barking, crying or whining or 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.

(4) Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property not belonging to the owner of such dog.

(5) Chase, bite, jump upon or 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.

(6) Habitually chase, run alongside of or bark at vehicles or bicyclists while on a public street or highway or upon public or private property other than property of the owner or other person in control of said dog.

(7) Cause damage or destruction to private or public property or to create a nuisance by defecating, urinating or digging on public or private property, other than property of the owner or other person in control of the dog.

(8) Harass, pursue or chase any domestic animal or wildlife.

B. It shall be unlawful for the owner or person in custody or control of any animal to allow such animal to defecate upon the public property of the City, the highways of the City and the private property of another other than the owner or keeper of said animal.

(1) If such animal shall defecate upon property other than that of the owner or keeper of the animal, the owner or keeper must immediately clean up the feces and make proper disposition of it so as not to endanger the health and safety of the public.

(2) If an animal shall defecate upon the property of the owner or keeper of such animal, the owner or keeper must clean up the feces and make proper disposition of it within a reasonable period of time if it will endanger the health and safety of the public.

(3) It shall be unlawful for anyone to walk a dog in the City of Beacon on property other than the owner’s or keeper’s property without carrying the necessary implements to make sure any dog feces are immediately cleaned up and properly disposed of. A police officer, peace officer and/or dog control officer shall be permitted to approach anyone walking a dog in the City of Beacon on property other than the owner’s or keeper’s property and demand to be shown the necessary implements as called for in this subsection. Failure to carry the necessary implements shall be a separate and distinct violation of this chapter.

[Added 8-19-2002 by L.L. No. 23-2002; amended 6-7-2004 by L.L. No. 11-2004]

C. Establishment of the fact or facts that the owner of a dog has allowed or permitted such dog to commit any of the acts prohibited by Subsections A or B of this section shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine, leash or control his dog.

§ 99-10 Dangerous or vicious animals.

A. "Dangerous dog" is defined as any dog which without justification attacks a person and causes physical injury or death; or poses a serious and unjustified imminent threat of harm to one or more persons.

(1) If any dog shall attack any person who is peaceably conducting himself in any place where he may lawfully be, such person or any other person witnessing the attack, may destroy such dog while so attacking or while being pursued thereafter, and no liability in damages or otherwise shall be incurred on account of such destruction.

(2) If any dog shall attack, chase or worry any domestic animal, as hereinafter defined, while such animal is in any place where it may lawfully be, the owner or caretaker of such domestic animal, or any other person witnessing such attack may, for the purpose of preventing the killing or injury of such domestic animal, destroy such dog while so attacking, chasing, worrying or while being pursued thereafter, and no liability in damages or otherwise shall be incurred on account of such destruction. "Domestic animal" means any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, white-tailed deer which is raised under license from the State Department of Environmental Conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the State Department of Environmental Conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this article.

(3) Any person may make a complaint of an attack upon a person or of an attack, chasing or worrying of a domestic animal to a Dog Control Officer of the appropriate municipality. Such officer shall immediately inform the complainant of his right to commence a proceeding as provided in Subsection A(4) of this section and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself.

(4) Any person may, and any Dog Control Officer as provided in Subsection A(3) hereof shall, make a complaint under oath or affirmation to any municipal judge or justice of such attack, chasing or worrying. Thereupon, the judge or justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog, and, if so, shall issue an order to any Dog Control Officer, peace officer, acting pursuant to his special duties, or police officer directing such officer to immediately seize such dog and hold the same pending judicial determination as herein provided. Whether or not the judge or justice finds there is probable cause for such seizure, he shall, within five days and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint. If satisfied that the dog is a dangerous dog, the judge or justice shall then order any Dog Control Officer, peace officer, acting pursuant to his special duties, or police officer to cause the dog to be euthanized immediately, or shall order the owner to securely confine such dog permanently, except as provided in Subsection A(6) of this section. The owner shall confine the dog indoors or in an enclosed and locked pen or structure as provided for in the order. Such pen or enclosure shall have a secure top and sides and shall be designed to prevent an unauthorized entry of a person, the escape of the dog and to provide protection from the elements. If the owner fails to confine the dog as required by such order, any Dog Control Officer, peace officer, acting pursuant to his special duties, or police officer shall destroy such dog on or off the premises of the owner.

(5) A dog shall not be declared dangerous if the court determines that the conduct of the dog:

(a) Was justified because the threat, injury or damage was sustained by a person who at the time was committing a crime or offense upon the owner or custodian or upon the property of the owner or custodian of the dog; or

(b) Was justified because the injured person was tormenting, abusing or assaulting the dog or has in the past tormented, abused or assaulted the dog; or

(c) Was responding to pain or injury or was protecting itself, its kennels or its offspring.

(6) Muzzles and other restraints.

(a) In addition to an order of confinement, issued pursuant to Subsection A(4) of this section, the judge or justice may order the owner or custodian to securely chain and muzzle the dog and require that the dog be under physical restraint of a responsible person when:

[1] Confined in the presence of persons other than the owner or custodian; and

[2] Outside such enclosure for brief periods only when and for the period necessary to urinate, defecate or receive medical treatment.

(b) The muzzle described in Subsection (a) of this subsection shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.

(7) Penalties for offenses.

(a) The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person, causing physical injury, shall be subject to a civil penalty not to exceed $400, in addition to any other applicable penalties.

(b) The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a person, causing serious physical injury, shall be subject to a civil penalty not to exceed $800, in addition to any other applicable penalties.

(c) The owner of a dog who, through any act or omission, negligently permits his or her dog, which had previously been determined to be dangerous pursuant to this article, to bite a person, causing serious physical injury, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or by a period of imprisonment not to exceed 90 days, or by both such fine and imprisonment, in addition to any other applicable penalties.

(d) If any dog, which had previously been determined by a judge or justice to be a dangerous dog, as defined in § 99-10 of this article, shall without justification kill or cause the death of any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, regardless of whether such dog escapes without fault of the owner, the owner shall be guilty of a Class A misdemeanor, in addition to any other penalties.

(8) The owner shall not be liable pursuant to Subsection A(7)(a), (b), (c) or (d) of this section if the dog was coming to the aid or defense of a person during the commission or attempted commission of a murder, robbery, burglary, arson, rape in the first degree, as defined in Subdivision 1 or 2 of § 130.35 of the Penal Law, sodomy in the first degree, as defined in Subdivision 1 or 2 of § 130.50 of the Penal Law, or kidnapping within the dwelling or upon the real property of the owner of the dog and the dog injured or killed the person committing such criminal activity.

(9) Nothing contained herein shall limit or abrogate any claim or cause of action which any person who is injured by a dog with a vicious disposition or a vicious propensity may have under common law or by statute. The provisions of this section shall be in addition to such common law and statutory remedies.

(10) Nothing contained herein shall restrict the rights and powers derived from the provisions of Title IV of Article 21 of the Public Health Law relating to rabies and any rule and regulation adopted pursuant thereto.

B. Any dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals is hereby presumed to be a vicious dog for the purposes of this section, until further determination of facts are made as hereinafter provided.

C. Any dog which poses a threat of serious bodily injury or death to any person or any domestic animal or which has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attack upon persons or domestic animals shall be declared potentially dangerous or vicious.

D. It shall be the duty of the Dog Control Officer or any person authorized by him or the governing body of the City to receive and investigate complaints against a dog when any dog complained against shall be deemed by the proper authorities to be a potentially dangerous or vicious dog, as herein defined; said Officer shall file a complaint in the City Court of the City, which Court shall thereupon cause the owner or person harboring such dog to be notified, in writing, of the complaint and to appear before said City Court Judge at a stated time and place. Pending the disposition of said complaints, the Dog Control Officer or such other authorized person may order the dog to be muzzled and leashed while being walked and to be confined at all other times.

E. The City Court Judge, at the time set for such hearing, shall inquire into the facts and give all interested persons an opportunity to be heard under oath and to be represented by counsel, and the City Court Judge shall decide in accordance with such evidence before him. If the City Court Judge shall decide that such dog complained of is a vicious dog as defined by this section, notice of such decision shall be given to the owner or person harboring such dog.

F. No dog which has been so determined to be a vicious dog shall be permitted to run at large or to be upon any street or public place in the City except while securely muzzled and under leash, and the owner or person harboring any such vicious dog who shall suffer or permit such dog to be upon any street, public place or private property in the City, other than the property of the owner or person harboring such dog, while not securely muzzled and under leash, shall be guilty of a violation of this chapter.

G. The owner or harborer of a potentially dangerous or vicious dog shall display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous or vicious dog is on those premises. The sign shall be visible and legible from 50 feet of a suitable enclosure for such dog.

§ 99-11 Rabies control.

A. No owner shall own, harbor or keep any dog within the City which is not currently inoculated against rabies; provided, however, that the animals which have not attained the age of four months or do not have a set of permanent teeth shall not be required to be inoculated, and further provided that any animal may be exempt from the requirements of such inoculation for specified period of time by the Dutchess County Department of Health upon the presentation of a certificate from a veterinarian stating that, because of infirmity or other physical condition, the inoculation of such animal for said specified period of time shall be deemed advisable by said veterinarian.

[Amended 5-5-2003 by L.L. No. 4-2003]

B. Inoculations shall be made by a duly licensed veterinarian of the State of New York or such other person permitted by law to make the same and approved by the Dutchess County Department of Health.

C. Whenever a dog, or other animal, is infected with rabies or is suspected of being infected with rabies or has been bitten by an animal infected with rabies or suspected of being infected with rabies, the person owning or having the care, custody or control of any such animal or any person having knowledge or suspicion of such infection shall notify the Dutchess County Department of Health and/or Dog Control Officer of the City immediately. Any such report shall be reduced to writing at the request of the Dutchess County Department of Health and the City of Beacon.

D. If a dog or other animal is known or believed to have rabies or has been bitten by a dog or other animal known or suspected of having rabies, the owner of such animal shall be notified, in writing, to have the animal confined for a period of not less than six months or such lesser period specified by the State Department of Health and placed under the observation of a veterinarian, at the expense of the owner, for such period.

E. Any animal confined under order of the Dutchess County Department of Health shall not be released until a certificate of release has been issued by said Department.

F. Whenever it becomes necessary to safeguard the public from the danger of rabies, the Mayor, upon recommendation of the Dutchess County Department of Health, shall issue a proclamation ordering every person owning or keeping a dog, or other animal, to confine it securely on his premises unless such animal shall have a muzzle and leash of sufficient strength to prevent the biting of any person.

G. Any such animal running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies.

H. All dogs or other animals so noticeably infected with rabies and displaying vicious propensities shall be killed by the Dog Control Officer or any other authorized person after a written diagnosis of infection by a veterinarian of the State of New York.

I. The Dog Control Officer or any other authorized person shall promptly notify, in writing, the Dutchess County Department of Health and the owner, if known, of the killing and the reason for the killing of any dog, or other animal, in accordance with the provisions of this section.

§ 99-12 Enforcement official.

This article shall be enforced by a Dog Control Officer as defined herein.

§ 99-13 Seizure of dogs; redemption; disposition of unclaimed dogs.

[Amended 12-20-2010 by L.L. No. 21-2010; 8-6-2012 by L.L. No. 19-2012]

A. Any dog in violation of this article or of the Agriculture and Markets Law may be seized by any Dog Control Officer, as defined herein, and such dog shall be impounded and disposed of in accordance with the provisions of Article 7 or other applicable provisions of the Agriculture and Markets Law.

B. No person shall hinder, resist or oppose the Dog Control Officer or other person authorized to administer and enforce the provisions of this article in the performance of the person's duties pursuant to this article.

C. After such seizure, the record owner of such dog or an adult member of his family, if the owner is ascertainable from the dog's license tag or sleeve, shall be notified personally or by regular mail that the dog has been seized and may be destroyed or put up for adoption unless redeemed.

D. A dog owner may redeem his dog from the pound upon payment in cash or by certified check of the amount prescribed in the City Fee Schedule[1] for seizure of dogs and shall reimburse the shelter for the cost of keeping and caring for the dog, as determined by the shelter. In the event the dog seized is also unlicensed, the owner shall also be required to pay the cost of having the dog licensed and shall pay a surcharge fee, as set forth in the City Fee Schedule. This subsection hereby overrides § 117(4) of the Agriculture and Markets Law of the State of New York.

[1] Editor's Note: The fee schedule is on file in the City offices.

E. No action shall be maintained against the City of Beacon, any duly designated Dog Control Officer or any other agent or officer of the City to recover the possession or value of any dog or for damages for injury or compensation for the destruction or adoption of any dog seized, destroyed or adopted pursuant to the provisions of this article.

§ 99-14 Presence on public property.

[Amended 12-2-2002 by L.L. No. 31-2002; 10-18-2004 by L.L. No. 40-2004; 7-5-2011 by L.L. No. 9-2011]

A. It shall be unlawful for any person harboring, owning or possessing any dog to permit the same upon public property, unless the public property is specifically designated as an area where dogs are authorized.

B. It shall be unlawful for any person harboring, owning or possessing any dog to permit the same to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any public property whatsoever, unless the public property is specifically designated as an area where dogs are authorized.

C. If any dog shall defecate upon public property, the owner or keeper of the dog must immediately clean up the feces and make proper disposition of it so as not to endanger the health and safety of the public.

D. The Mayor and City Council hereby authorize and allow dogs to be walked at Riverfront Park and the Riverside Trail subject to all of the terms and conditions of this chapter. The Mayor and City Council hereby also authorize and allow dogs to be walked on a leash from the Fishkill Avenue entrance to Memorial Park or the Fishkill Avenue Parking Lot to the Friends of Beacon Dog Park located in Memorial Park and to be allowed to run off leash within fenced-in areas in the Friends of Beacon Dog Park located in Memorial Park.

§ 99-15 Complaints; hearings.

A. The Dog Control Officer or a police officer observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation. The appearance ticket shall be in the form prescribed by the City Council by resolution in accordance with the provisions of § 124 of the Agriculture and Markets Law and this article. An answer to such appearance ticket shall be made within five days of the violation, by registered or certified mail, return receipt requested, in lieu of a personal appearance on the return date at the time and court specified in the appearance ticket, in accordance with the provisions of § 124 of the Agriculture and Markets Law and this article.

B. Any person who observes a dog in violation of this article may file a complaint under oath with the Dog Control Officer 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 the dog. Upon receipt by the Dog Control Officer of any such complaint, he may 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. After such hearing, or at his sole discretion, the Dog Control Officer may bring the complaint in front of the City Court Judge. If the City Court Judge decides that further action is warranted, he may, in addition to imposing a penalty pursuant to §99-16, do any of the following:

[Amended 5-1-2006 by L.L. No. 7-2006]

(1) Order the owner to restrain such dog by collar and leash at all times, whether on or off the owner’s property.

(2) Order the owner to confine such dog to the premises of the owner.

(3) Effect such other remedy authorized by law as may be warranted by the circumstances in such case.

C. A violation of any order issued by a City Judge under the provisions of this section shall be an offense punishable, upon conviction hereof, as provided in § 99-16.

§ 99-16 Penalties for offenses.

[Amended 7-5-2011 by L.L. No. 9-2011; 8-6-2012 by L.L. No. 19-2012]

Upon conviction, a violation of this chapter shall be deemed a violation and shall be punishable by a fine not exceeding $50 for the first offense, $100 for the second offense and $250 for each offense thereafter or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment, and within the court's discretion, the imposition of any other reasonable conditions, including, but not limited to, requiring the offending dog to be confined to a leash or run on the owner's property and/or confined within the home of the owner's property and/or confined within a fence and/or prohibited from using the Friends of Beacon Dog Park. This section hereby overrides § 118(2) of the Agriculture and Markets Law of the State of New York.

§ 99-17 Repealer.

This chapter shall supersede all prior local laws, ordinances, rules and regulations relative to the control of dogs and other animals within the City of Beacon, and they shall be, upon the effectiveness of this chapter, null and void.

§ 99-18 Friends of Beacon Dog Park.

[Added 7-5-2011 by L.L. No. 9-2011]

A. No membership to use the Friends of Beacon Dog Park shall be issued with respect to any dog who has been designated a dangerous dog in accordance with the Agriculture and Markets Law or §§ 99-10A, B or C of the Code of the City of Beacon. The Dog Control Officer shall provide the City Clerk with a list of such dogs.

B. A violation of any of the rules or regulations posted at the Friends of Beacon Dog Park shall constitute a violation of this article. Any person who violates the rules or regulations as posted at the Friends of Beacon Dog Park shall be deemed to have committed an offense of this article and shall be subject to the penalties set forth in § 99-16.

§ 99-19 Adoption of unclaimed dogs.

[Added 8-6-2012 by L.L. No. 19-2012]

The City may put any dog up for adoption which has not been claimed by its owner within the time prescribed by Article 7 of the Agriculture and Markets Law. The City may charge a fee, as set forth in the City Fee Schedule,[1] for adoption of any dog the City places for adoption.

[1] Editor's Note: The fee schedule is on file in the City offices.