[Adopted 10-27-1999 by L.L. No. 1-1999]
A Dog Control Officer may be designated by the
Town Board, as provided by § 114 of the Agriculture and
Markets Law, to investigate and institute a proceeding as provided
in §§ 119 and 121 of the Agriculture and Markets Law,
which is incorporated herein in all respects, together with any violation
of this article.
No person who owns, possesses or harbors a dog
shall:
A. Permit such dog to cause damage or destruction to
property of a person other than its owner or commit a nuisance upon
the premises of a person other than its owner.
B. Keep, suffer or permit to be kept on the premises
occupied by such person any dog which, by its continued barking, howling
or whining or other frequent or long-continued noises, shall unreasonably
disturb the comfort or repose of any person.
Any person who observes a violation of the restrictions described in §
22-2 of this article may file a signed complaint, under oath, with a Town Justice of the Town of Neversink, specifying the objectionable conduct of the dog, the date hereof, damage caused, if any, a description of the dog and name and residence, if known, of the owner or other person harboring said dog.
Every Dog Control Officer shall have the power
to issue an appearance ticket pursuant to § 150.20 of the
Criminal Procedure Law, to serve a summons and to serve and execute
any other order or process in the execution of the provisions of this
article. In addition, the Dog Control Officer may serve any process,
including an appearance ticket, a uniform appearance ticket or a simplified
information relating to any proceedings, whether criminal or civil
in nature, undertaken in accordance with the provisions of this article.
In the event that any person shall ignore or
disregard an appearance ticket or summons, the Justice may issue a
warrant for the arrest of such person.
A violation of this article shall be deemed
an offense. The following fines and penalties are hereby imposed for
any acts or violations of this article not already provided for in
the Agriculture and Markets Law against any person who violates this
article or who owns or is responsible for any dog which violates any
of the foregoing provisions of this article: Any offense against this
article shall be punishable by a fine of not more than $250 or by
imprisonment for not more than 15 days, or both.
[Adopted 12-8-2010 by L.L. No. 4-2010]
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 the 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.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York, as amended by Part T of Chapter 59 of the
Laws of 2010, and as may be subsequently amended and supplemented.
As used in this article, the following terms shall have the
meanings indicated:
ADOPT
The delivery to any natural person 18 years of age or older,
for the purpose of harboring a dog, seized or surrendered, from the
Town's animal shelter.
CLERK
The Town Clerk, or Deputy Town Clerk, of the Town of Neversink,
where licenses are to be validated or issued.
DETECTION DOG
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.
DOG
Any member of the species canis familiaris.
GEESE DOG
Any dog that is trained to aid the Animal/Dog Control Officer
in the control of geese within the boundaries of the Town.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
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.
HARBOR
To provide food or shelter to any dog.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment
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 training.
IDENTIFICATION TAG
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
TOWN
The Town of Neversink, including incorporated areas.
OWNER
Any person who harbors or keeps any dog.
PERSON WITH DISABILITY
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the New York State Executive Law.
POLICE WORK DOG
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.
SERVICE DOG
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
THERAPY DOG
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.
WAR DOG
Any dog which has been honorably discharged from the United
States Armed Services.
WORKING SEARCH DOG
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.
This article shall become effective immediately upon filing
with the Secretary of State or January 1, 2011, whichever is later.