[Adopted 12-8-2010 by L.L. No. 3-2010]
This article shall be known and may be cited as the "Dog Licensing
and Control Law of the Town of Dover, New York."
The purpose of this article is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of personal property, domestic animals
and deer from dog attack and damage and to preserve the public health,
safety and welfare by enforcing regulations and restrictions on the
activities of dogs that are consistent with the rights and privileges
of citizens of the Town.
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.
All words, terms or phrases used herein shall have the meanings
indicated below or as defined in the Agriculture and Markets Law.
If no specific definition is set forth, all words shall have their
usual and customary meaning in the English language. Words used in
the present tense include the future and the plural includes the singular.
The word "shall" is intended to be mandatory.
CLERK
The Town Clerk, or Deputy Town Clerk, of the Town of Dover
or his or her agent.
DOG
Any member of the species Canis familiaris.
HARBOR
To provide food or shelter to any dog.
IDENTIFICATION TAG
A tag issued by the Clerk that sets forth an identification
number, as required by the provisions of this article.
OWNER
Any person who harbors or keeps any dog.
TOWN
The Town of Dover, including incorporated areas.
In accordance with the provisions of § 112 of the
Agriculture and Markets Law:
A. In the event of a change in ownership of any dog that has been assigned
an 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 a municipal 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.
In accordance with § 117 of the Agriculture and Markets
Law:
A. The Dog Control Officer shall seize:
(1) Any dog which is not licensed, whether on or off the owner's
premises.
(2) Any licensed dog which is not in the control of its owner or custodian
or not on the premises of the dog's owner or custodian, if there
is probable cause to believe the dog is dangerous.
(3) Any dog which poses an immediate threat to the public safety.
(4) Any dog in violation of §
53-9 of this article.
B. The Dog Control Officer, when acting pursuant to his or her special
duties, shall make and maintain a complete record of any seizure and
subsequent disposition of any dog. Such record shall include, but
not be limited to, a description of the dog, the date and hour of
seizure, the municipal identification number of the such dog (if any),
the location where seized, the reason for the seizure and the owner's
name and address, if known.
C. Each dog seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided.
D. 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 $20 for the first impoundment of any dog owned by that
person.
(2) Not less than $30 for the first 24 hours or part thereof and $40
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.
(3) Not less than $50 for the first 24 hours or part thereof and $75
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.
(4) If, upon redemption, any dog received a rabies vaccination, the charge
for such vaccination shall be added to impoundment fees.
E. If, at the end of the appropriate redemption period, said dog has
not been redeemed by its owner, the owner shall forfeit all title
to the dog and it shall be available for adoption or be released to
an authorized humane society or shelter.
F. Prior to releasing a dog to its owner or adopting out a dog, the
Animal/Dog Control Officer shall deliver to the owner a statement
of the number of days the dog has been in the shelter and the costs
for any veterinary care, which statement the owner shall take to the
Clerk, to whom all fees due and owing for the shelter and veterinary
care shall be paid, together with the impoundment fees and any licensing
fees, whereupon the Clerk shall give a receipt to the owner who shall
then deliver it to Animal/Dog Control Officer, at which time such
dog may be released to owner.
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A. Run at large unless the dog is accompanied by its owner or a responsible
person and under the full control of such owner or person. For the
purpose of the article, a dog or dogs hunting in the company of a
hunter or hunters shall be considered as accompanied by its owner.
B. Engage in habitual and loud howling, barking, crying or whining or
conduct as to unreasonably and habitually disturb the comfort of any
person other than the owner of such dog.
C. Cause damage or destruction to property or commit a nuisance upon
the premises of a person other than its owner or keeper.
D. Chase, jump upon or at, or otherwise harass any person in such manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm.
E. Habitually chase, run alongside of or bark at motor vehicles, motorcycles
or bicycles while on a public street, highway, or place, or upon private
property without the consent or approval of the owner of such property.
F. Create a nuisance by defecating, urinating or digging on public property
or on private property without the consent or approval of the owner
of such property.
G. If a female dog, when in heat, be off the owner's premises.