[Adopted 9-13-1979 by L.L. No. 6-1979]
[Amended 12-16-2010 by L.L. No. 4-2010]
This article is enacted in conformity with Article
7 of the Agriculture and Markets Law of the State of New York, and
nothing herein shall limit the procedures and exceptions provided
in said Article 7. Effective January 1, 2011, the State of New York
has relinquished the responsibility of dog licensing functions to
local municipalities and eliminated the Animal Population Control
Fund. Local municipalities will now be required to adopt legislation
relating to this issue.
This article shall apply to the keeping and
running at large of dogs in the Town of Wallkill and the licensing,
identification and control of said dogs. Any violation of the restrictions
and provisions herein shall constitute an offense against this article.
[Amended 12-16-2010 by L.L. No. 4-2010]
As used in this article, the following terms shall have the
meanings indicated:
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 Wallkill,
at whose offices all licenses required by this article are to be validated
or issued.
Any dog which a) without justification attacks a person,
companion animal, farm animal or domestic animal and causes physical
injury or death, or b) behaves in a manner which a reasonable person
would believe poses a serious and unjustified imminent threat of serious
physical injury or death to one or more persons, companion animals,
farm animals or domestic animals, or c) without justification attacks
a service dog, guide dog or hearing dog and causes physical injury
or death. "Dangerous dog" does not include a police work dog, as defined
in this article, which acts in the manner described in this definition
while such police work dog is being used to assist one or more law
enforcement officers in the performance of their official duties.
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, other dangerous
materials, firearms, cadavers, or school or correctional facility
contraband.
Any member of the species canis familiaris.
To provide food or shelter to any dog.
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 visually impaired
or blind and is actually used for such purpose, or any dog owned or
harbored by a recognized guide dog training center located within
the State of New York during the period such dog is being trained
or bred for such training.
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned or harbored
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 issued by the licensing municipality which sets forth
an identification number, together with the name of the municipality,
the State of New York, contact information, including telephone number,
for the municipality and such other information as the licensing municipality
deems appropriate.
Any person who harbors or keeps any dog.
Includes a person, corporation or association.
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 has been trained
to aid law enforcement officers and is actually being used for police
work purposes.
Any resident of the Town age 65 or older.
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 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.
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 is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
Any person owning or harboring any dog within
the Town of Wallkill shall not permit such dog, whether licensed or
not, to run at large in the town. The restriction provided in this
section shall not apply, however, where the dog is at large upon private
property lawfully used by the person owning or harboring such dog
if said property is adequately fenced to confine said dog; nor shall
this section apply to those dogs commonly used for hunting, provided
that said hunting dogs are accompanied by and under the full control
of their owners while actually engaged in hunting.
All dogs in the Town of Wallkill, with the exception
of hunting dogs actually engaged in hunting as aforesaid, whether
or not licensed, shall be restrained by a leash while off the owner's
premises, and any dog not so restrained found off the owner's premises
shall be seized by any peace officer, Dog Warden or other authorized
individual pursuant to the Agriculture and Markets Law and held, sold,
redeemed or destroyed in accordance with the provisions of said Agriculture
and Markets Law.
Any person owning or harboring any dog within
the town shall not permit such dog to disturb the peace and quiet
of the neighborhood by howling or barking. Continual howling or barking
at any time of day or night for a period in excess of 1/2 hour shall
constitute a violation.
[Added 5-24-2001 by L.L. No. 2-2001]
A.
All individuals who own, harbor or control dogs within
the Town of Wallkill are hereby required to collect and dispose of
any waste generated by such dogs in an acceptable sanitary manner
such as disposing of same in a garbage container or the like.
B.
This section shall apply whenever such dogs are upon
public property or property which is not owned or leased by the individual
controlling or owning said dog.
C.
Failure to comply with the aforesaid law shall constitute
a violation under this article and under the Wallkill Town Code and
shall be punishable by a fine of $50 for each violation thereof.
[Amended 3-23-2006 by L.L. No. 3-2006; 12-16-2010 by L.L. No.
4-2010]
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. Renewal shall be
for a minimum of one year and shall not exceed three years, based
on the validation term of the rabies vaccination.
(2)
Application for a dog license shall be made to the 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 signed by a licensed veterinarian that a dog's life would
be endangered by such vaccination and therefore the dog is not vaccinated.
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.
B.
C.
Procedures.
(1)
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.
(2)
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.
(3)
No license shall be transferrable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog. The original issued identification tag shall
remain the same for the life of the dog.
D.
Identification of dogs.
(1)
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 which shall be affixed to a collar on the dog at all times.
(2)
The official identification number shall constitute the official
identification of the dog to which it is assigned, regardless of changes
of ownership, and the number shall not be reassigned to any other
dog during the lifetime of the dog to which it is assigned.
(3)
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 or her expense at a fee of $3.
(4)
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.
(5)
The identification tag shall be imprinted with the "Town of Wallkill,"
a unique identification number, and the telephone number of the Town
Clerk's office.
E.
Purebred licenses. There will not be distinct purebred licenses as
previously provided for by the state. All dog licenses issued by the
Town shall be governed by this section.
F.
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.
G.
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 of $5. Such additional fee shall be used to pay the
expenses incurred by the Town in conducting the enumeration. In the
event 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 lawful purpose defined by the New
York State Agriculture and Markets Law.
[Added 2-14-1980 by L.L. 2-1980; amended 1-28-1988 by L.L. No. 2-1988; 3-10-1994 by L.L. No. 1-1994; 3-9-1995 by L.L. No. 4-1995; 3-23-2006 by L.L. No. 3-2006; 4-28-2022 by L.L. No. 3-2022]
A.
Each dog
which is not identified, whether or not licensed, shall be held for
a period of five days from the day seized during which period the
dog may be redeemed by its owner, provided that such owner produces
proof that the dog has been licensed and has been identified pursuant
to the provisions of this article and further provided that the owner
pays the following impoundment fees:
(1)
Not
less than $35 for the first impoundment of any dog owned by that person
and $50 for each additional 24 hours or part thereof of such impoundment.
For any first offense, the enforcement officer shall have the discretion
to waive all or a portion of any impoundment fees if circumstances
dictate that such a waiver would be in the public interest;
(2)
Not
less than $70 for the first 24 hours or part thereof and $50 for each
additional 24 hours or part thereof for the second impoundment, within
one year of the first impoundment, of any dog owned by that person;
or
(3)
Not
less than $150 for the first 24 hours or part thereof and $50 for
each additional 24 hours or part thereof for the third and subsequent
impoundments, within one year of the first impoundment, of any dog
owned by that person.
B.
All subsequent
amendments to the dog impoundment fees required to be paid pursuant
to this article shall be set by resolution of the Town Board.
[Amended 4-14-2011 by L.L. No. 3-2011]
Any person violating any provisions of this
article shall be deemed to have committed an offense against this
article, and any violation shall be punishable by a fine to be set
by resolution of the Town Board.
