[HISTORY: Adopted by the Town Board of the
Town of Greenburgh 12-21-2010 by L.L. No. 2-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Exotic and wild animals — See Ch. 345.
Noise — See Ch. 380.
Protection of endangered species — See Ch. 566.
[1]
Editor’s Note: This local law also repealed former Ch.
310, Animal Control, adopted 4-25-1990 by L.L. No. 1-1990.
The Town Board of the Town of Greenburgh finds that the running
At Large and other uncontrolled behavior of Dogs and other Domestic
Animals have caused physical harm to persons, damage to property and
a nuisance within the town. The purpose of this chapter is to protect
the health, safety and well-being of persons, safeguard property from
damage, and mitigate other potential animal-related nuisances through
the imposition of restrictions and regulations upon the keeping or
running At Large of Dogs and other Domestic Animals, the seizure thereof,
and the enforcement of the humane treatment of all animals within
the Town.
This chapter is enacted pursuant to the provisions of the New
York Constitution Article IX, New York Municipal Home Rule Law § 10,
Article 7 and Article 26 of the Agriculture and Markets Law and a
Town Board resolution dated December 08, 2010.
The title of this chapter shall be "Animal Control."
As used in this chapter, the following terms shall have the
meanings indicated. Should a term be used in this chapter that is
not defined in this section, then it shall have the meaning indicated
in § 108 of the Agriculture and Markets Law, if defined
therein.
Any individual appointed by the Town Board of the Town of
Greenburgh to assist in the enforcement of this chapter.
Any Dog or Domestic Animal that is unleashed and on property
open to the public or is on private property not owned or leased by
the Owner of the Dog or Domestic Animal unless permission for such
presence has been obtained, and any Dangerous Dog as defined in this
chapter that is out of doors on the property of the Owner and not
restrained and confined pursuant to court order.
A Dog that has been determined by the Court, following a
hearing, to be dangerous, pursuant to the provisions of Article 7,
§ 123 of New York State Agriculture and Markets Law.
Any Dog that is trained and is actually used for the purpose
of detecting controlled substances, explosives, ignitable liquids,
firearms, cadavers, or school or correctional facility contraband.
Shall be defined as set forth in the ADA Amendments Act of
2008, Public Law 110-325.
Any member of the species Canis familiaris.
As defined by the New York State Agriculture and Markets
Law, any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer, whitetail deer which is raised under license from the 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 chapter.
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 during the period
such Dog is being trained or bred for such purpose.
A person with a Disability using a Service Animal.
To provide food or shelter to any Dog or Domestic Animal.
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 during the period such Dog
is being trained or bred for such purpose.
A tag issued by the Town of Greenburgh which sets forth the
identification number, "Town of Greenburgh, NY," the phone number
of the Greenburgh Police Department, and such other information as
the Town Board deems appropriate.
The unincorporated area of the Town of Greenburgh, and each
of the Town's six villages that have transferred Dog licensing
responsibility to the Town by a duly adopted resolution.
A length of material or chain no longer than six feet in
length and of sufficient durability to restrain a Dog or Domestic
Animal from roaming At Large or in the case of a Dangerous Dog, a
length of material or chain no longer than four feet in length and
of sufficient durability to restrain a Dangerous Dog from roaming
At Large.
Any person who harbors, keeps or has the care, custody or
control of any Dog. In the event that any Dog found in violation of
this chapter shall be owned by a person less than 18 years of age,
the "owner" shall be deemed to be the parent or guardian of such person
or the head of the household in which said person resides.
The person in whose name any Dog was last licensed pursuant to this chapter, except that if any license is issued on application of a person under eighteen years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any Dog was last licensed or if the owner of record has filed a statement pursuant to §§ 310-11 and 310-12 of this chapter, the Owner shall be deemed to be the owner of record of such Dog, except that if the Owner is under eighteen years of age, the owner of record shall be deemed to be the parent or guardian of such person.
Any person or firm which engages in the sale of more than
nine animals per year for profit to the public. Includes breeders
who sell animals. Exception: breeders who sell directly to the consumer
fewer than 25 animals per year that are born and raised on the breeders'
residential premises. (N.Y. AGRIC. & MKTS. LAW § 400,
N.Y. GEN. BUS. LAW § 752-a)
Any Dog owned or harbored by any state or 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 animal that has been partnered with a person who has
a Disability and has been trained or is being trained, by a qualified
person, to aid or guide a person with a Disability.
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.
An act, omission or neglect, whereby unjustifiable physical
pain, suffering or death is caused or permitted.
Any Dog which has been honorably discharged from the United
States Armed Services.
Any or all of the following orders and families:
Nonhuman primates and prosimians;
Felidae (including leopards, cheetahs, cougars and other cats,
with the exception of domesticated cats);
Canidae (coyotes, foxes, jackals, wolves, and dogs with the
exception of domesticated dogs);
Ursidae (bears);
All venomous snakes and all constrictors and python snakes that
are 10 feet or greater in length; and
Crocodilia that are five feet or greater in length.
Any Dog that is trained to aid in the search for missing
persons, is actually used for such purpose and is registered with
the department; provided, however, that such services provided by
said Dog shall be performed without charge or fee.
A.
Except as provided for in § 310-5F, all Dogs over the age of four months whose place of residence or domicile, or whose Owner's place of residence or domicile, is within the confines of the Jurisdiction are required to be licensed pursuant to the provisions of Article 7 of the Agriculture and Markets Law of New York State and pursuant to this chapter. The Owner of each Dog required to be licensed shall obtain, complete and return to the Town Clerk a Dog license application together with the license fee, any applicable license surcharges and such additional fees as may be established by a duly adopted resolution of the Town Board. Each license application shall be accompanied by:
(1)
Proof that the Dog has been vaccinated against rabies or a statement
from a licensed veterinarian that such vaccination would endanger
the Dog's life in which case vaccination shall not be required;
and
(2)
If a Dog has been spayed or neutered, a certificate signed by a licensed
veterinarian or an affidavit signed by the Owner unless such proof
is already on file with the Town Clerk. In lieu of such proof, a statement
signed by a licensed veterinarian that spaying or neutering would
endanger the Dog's life shall serve as notice that the fee to
license the Dog should be the same as for a spayed or neutered Dog.
B.
Each license shall be nontransferable and valid for a period of one
year or until the expiration of the current rabies vaccination certificate,
whichever is earlier, and shall be renewable annually thereafter prior
to the expiration date. A late fee will be assessed for applications
received 15 days or more after the date of expiration.
C.
The license fee is to be set by the Town Clerk subject to the approval
of the Town Board. Pursuant to § 110(3) of the Agriculture
and Markets law, the license fee shall include the additional sum
of at least $1 for spayed or neutered Dogs and at least $3 for unaltered
Dogs. No refund of fees shall be made once an application has been
submitted to the Town Clerk.
D.
There shall be no fee for any license issued for a Detection Dog,
Guide Dog, Hearing Dog, Police Work Dog, Service Dog, Therapy Dog,
War Dog, or Working Search Dog.
E.
Each Dog licensed shall be issued an Identification Tag, which shall
be affixed to a collar that shall remain on the Dog at all times that
the Dog is not participating in a Dog show. The fee for a replacement
tag shall be at least $5.
F.
Licensing shall not be required for Dogs confined to:
(1)
A hospital devoted solely to the treatment of sick animals.
(2)
The premises of any college or other educational or research institution
for the purposes of research.
(3)
The premises of any person, firm or corporation engaged in the business
of breeding or raising dogs for profit and licensed as a Class A dealer
under the Federal Laboratory Animal Welfare Act.
G.
In the case of a Dog over the age of four months being adopted from
a shelter, Pet Dealer and/or other potential source of unlicensed
Dogs, the Town Board by resolution, and the manager of the facility,
shall establish a licensing procedure that is agreeable and beneficial
to both the Town and the facility.
H.
Monthly shelter and other reports, and follow-up:
(1)
The Town Clerk shall maintain monthly lists of Dogs seized in the
Jurisdiction and impounded at a shelter or humane society under contract
with the Town. The Town Clerk shall forward a copy of the aforementioned
list to the Office of the Town Comptroller.
(2)
The Director of Animal Control Services shall request, from shelters
and/or humane societies under contract with the Town, shelters and/or
humane societies located in the Jurisdiction, and any Pet Dealer or
other potential source of unlicensed Dogs in the Jurisdiction deemed
appropriate by the Director, a monthly list of Dogs adopted by residents
of the Jurisdiction, and use the lists obtained to notify such residents
of the requirement to license the adopted Dog.
In addition to the provisions in § 310-5, the Owner of any "Dangerous Dog" as defined herein, must indicate such on the license application and obtain from the Town Clerk an Identification Tag with the designation "DANGEROUS DOG" as issued by the Town of Greenburgh. The additional requirements for this form of license are the following:
A.
An additional annual application fee of $100.
B.
Proof of a liability insurance policy in an amount determined by
the Court, for the compensation of people injured and/or property
damaged as a result of actions of a Dangerous Dog, in a form satisfactory
to the Town Attorney. In the event the Court does not prohibit a liability
policy but does not set a policy amount, the amount of the liability
insurance policy shall be $100,000.
The knowledge of the presence of dangerous Wild Animals and
Dangerous Dogs in the context of emergency services responses, is
necessary to protect public safety and the safety of emergency services
personnel.
A.
Except for Pet Dealers and zoological facilities and other exhibitors
licensed pursuant to title 7 U.S.C. §§ 2133 and 2134,
and in the case of Dangerous Dogs except for licensed veterinarians
in temporary possession of such dogs, every person owning, possessing,
or Harboring a Wild Animal or a Dangerous Dog shall report the presence
thereof to the Town Clerk. Such "Report of the Presence of Wild Animals,"
available on the New York State Department of State Website and in
the Town Clerk's Office, shall be filed annually on or before
April 1. A separate report shall be filed for each street address
at which any such Wild Animal or Dangerous Dog may be found.
B.
The Town Clerk shall forward a copy of such report to each state
police troop, county sheriff, and municipal police agency having jurisdiction
over the location of such Wild Animal or Dangerous Dog. A copy thereof
shall also be forwarded to each fire department or fire company serving
such location and to each ambulance or emergency medical service department,
ambulance corporation, or ambulance or emergency medical service company
serving such location. In lieu of forwarding a copy of each report,
the Town Clerk may compile the contents of the several reports, and
forward the compilation. The Town Clerk shall also file a copy of
any reports indicating the presence of any Dangerous Dogs in the Town
to the County of Westchester Department of Health annually on or before
April 1.
In addition to other violations identified in this chapter,
it shall be a violation for:
A.
Any Owner to fail to license any Dog;
B.
Any Owner to fail to have any Dog identified as required by this
chapter;
C.
Any person to knowingly affix to any dog any false or improper Identification
Tag, special identification tag for identifying guide, service or
hearing dogs or purebred license tag.
D.
Any Owner or custodian of any Dog to fail to confine, restrain or
present such dog for any lawful purpose pursuant to this chapter.
E.
Any person to furnish any false or misleading information on any
form required to be filed with the Town pursuant to the provisions
of this chapter or rules and regulations promulgated pursuant thereto.
F.
The Owner or custodian of any dog to fail to exercise due diligence
in handling her or his Dog if the handling results in harm to another
Dog that is a Guide Dog, Hearing Dog or Service Dog.
A.
Any person who owns an animal or possesses control of such animal
and who, through any act or omission, recklessly permits her or his
animal to interfere with the proper working of a Service Animal, exposing
the Handler and Service Animal to danger or resulting in injury or
death of the Service Animal shall be subject to a civil penalty not
to exceed $1,000 in addition to any other applicable penalties.
B.
Any person who owns an animal or possesses control of such animal
and who, through any act or omission, recklessly permits her or his
animal to interfere with the proper working of a Service Animal, exposing
the Handler and Service Animal to danger or resulting in injury or
death of the Service Animal, where the animal causing such injury
has previously been determined to be Dangerous pursuant to this chapter,
shall be guilty of a violation punishable by a fine of not more than
$2,000, or by a period of imprisonment not to exceed 15 days, or by
both such fine and imprisonment in addition to any other applicable
penalties.
It shall be unlawful for any person owning, harboring or having
custody and control of any Dog or Domestic Animal to permit or allow
such Dog or Domestic Animal in the Town of Greenburgh to:
A.
Be At Large. Cats, except when in heat, are exempted from this provision.
B.
Engage in repeated loud howling, barking, crying or whining or to
conduct itself in such a manner so as to unreasonably annoy any person.
C.
Cause damage or destruction to property or commit a nuisance by defecating
or urinating upon the premises of a person other than the Owner of
such Dog or Domestic Animal.
D.
Chase or attack any person peacefully conducting herself or himself
in any place where such person may lawfully be or to chase or attack
any Dog or Domestic Animal while such Dog or Domestic Animal is in
any place it may lawfully be.
E.
Repeatedly chase, run alongside of or bark at motor vehicles or bicycles.
F.
Soil or commit any nuisance on any commonfare or any place where
the public congregates or walks, except that one walking or exercising
such Dog or Domestic Animal shall be permitted to curb such Dog or
Domestic Animal in that portion of the street lying between the curblines.
It shall be the duty of any person who so curbs a Dog or Domestic
Animal to immediately remove all feces left by such Dog or Domestic
Animal, depositing the same directly into an airtight container, which
shall then be deposited into a container used for the disposal of
refuse. This provision shall not be applicable to a blind person while
actually using a Guide Dog licensed as such pursuant to § 110
of the Agriculture and Markets Law. In no event shall any feces be
deposited in sewers or drains, whether storm or sanitary.
G.
Be in a public place, including a street, sidewalk or any public
ground without being restrained by a leash of not greater than six
feet in length or, if a Dangerous Dog, not greater than four feet
in length.
In the event of a change in the ownership of any Dog which has
been licensed pursuant to this chapter or in the address of the Owner
of Record of any such Dog, the Owner of Record shall, within 10 days
of such change, file with the Town Clerk a written report of such
change. Such Owner of Record shall be liable for any violation of
this chapter until such filing is made or until the Dog is licensed
in the name of the new Owner.
If any Dog which has been licensed pursuant to this chapter
is lost or stolen, the Owner of Record shall, within 10 days of the
discovery of such loss or theft file with the Town Clerk a written
report of such loss or theft. The Owner of Record of any such Dog
shall not be liable for any violation of this chapter committed after
such report is filed.
In the case of a Dog's death, the Owner of Record shall
notify the Town Clerk no later than the time the license must be renewed.
Proof of the running or being At Large of a Dog or Domestic
Animal contrary to the provisions of this chapter shall be presumptive
evidence that the person in whose name such Dog or Domestic Animal
is licensed and/or the person who Harbors such Dog is the person who
permitted or allowed such Dog or Domestic Animal to run or be At urge.
Every person having a dead animal or any animal diseased past
recovery or sick with any contagious or infectious disease on her
or his premises in the Town and every person who has in her or his
charge or under her or his control any animal which has died of any
contagious or infectious disease in any street or place in the Town
shall at once remove or cause to be removed every such animal and
dispose of same as the County Commissioner of Public Health may direct.
A.
Pursuant to Article 26 of the Agriculture and Markets Law, it shall
be unlawful for any person in the Town of Greenburgh to, by act, omission
or neglect, cause or permit torture or cruelty to be visited upon
any animal in the Town.
B.
It shall also be unlawful for any Owner of any Dog or Domestic Animal
to:
(1)
Permit the premises, structure or enclosures in which a Dog or Domestic
Animal is kept to be so unclean or unsanitary as to create either
a public nuisance or a health hazard to the Dog or Domestic Animal
itself.
(2)
Keep any Dog or Domestic Animal without daily feeding and watering
the same and providing adequate shelter from the elements.
A.
The position of Director of Animal Control Services for the Town
of Greenburgh was created pursuant to a Town Board resolution of 1982
and is hereby reauthorized.
B.
The Director of Animal Control Services shall be responsible for
coordinating the following procedures relative to animal control in
the Town of Greenburgh.
C.
The position of Animal Control Officer is hereby reauthorized, and
the Town Board has authority to appoint as many officers as deemed
necessary.
D.
The Animal Control Officers shall, in addition to any other duties
imposed by the Agriculture and Markets law on dog control officers,
have the authority to enforce this chapter, the Animal Control Law
of the Town of Greenburgh, as shall any sworn member of any police
department in the Jurisdiction.
A complaint may be filed by any person who observes any Dog
or Domestic Animal in violation of this chapter by signing a complaint
form with an Animal Control Officer or filing a complaint under oath
or affirmation with a Justice of the Town of Greenburgh specifying
the nature of the violation, the date thereof, the place of occurrence,
a description of the Dog or Domestic Animal and the name and residence
of the Owner of the Dog or Domestic Animal that is the subject of
the complaint. Such complaint may serve as the basis for enforcing
the provisions of this chapter.
A.
Any Animal Control Officer in the employ of or under contract to
the Town of Greenburgh or any police officer employed in the Jurisdiction
observing a violation of this chapter in her or his presence may issue
and serve an appearance ticket for such violation or take such other
action as provided for in the Agriculture and Markets Law.
B.
A summons shall be issued to any person for whom probable cause exists
violated this chapter, and, in cases of alleged torture or cruelty
to animals, it shall be discretionary with the court to exercise its
equitable powers for humanitarian purposes such that any animal victimized
by torture or cruelty may be seized and impounded where necessary
humane and veterinary care may be rendered to it.
C.
If any person convicted of torture or cruelty to an animal is the
Owner of that animal, it shall be discretionary with the court whether
such animal shall be returned to said person so convicted or released
to the care of a shelter or humane society for adoption.
D.
If any Dog is found in violation of the provisions of this chapter,
a summons shall be issued to its Owner, and said Dog may also be seized
pursuant to the provisions of § 117 of the Agriculture and
Markets Law. The Animal Control Officer shall make reasonable attempts
to locate and notify the Owner of a seized Dog prior to impounding
it at any shelter.
(1)
If the Animal Control Officer, after making reasonable attempt(s)
to locate a Dog's Owner and return the Dog thereto, fails to
locate such Owner, the Dog shall be taken to a shelter designated
by the Town Board, and, there, attempts will again be made to notify
the Owner of Record of such Dog personally or by certified mail, return
receipt requested, of the facts of the seizure and the procedure for
redemption. If notification is personally given, such Dog shall be
held for a period of seven days after the 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.
E.
Every Dog impounded shall be properly cared for, sheltered, fed and watered for the redemption periods set forth above in Subsection D.
F.
Impounded Dogs may be redeemed by providing proof of licensing at
a shelter designated by the Town Board and paying an impoundment fee
of $30 and $15 for each additional 24 hours, or part thereof, the
Dog remains sheltered. The fees collected shall be forwarded to the
Town and used to enforce this chapter.
G.
If the Owner of any unredeemed Dog is known, such Owner shall be
required to pay the impoundment fee and daily shelter fee, whether
or not such Owner chooses to redeem her or his Dog.
H.
The Owner of any Dog seized and impounded pursuant to § 123,
entitled "Dangerous Dogs," of the New York State Agriculture and Markets
Law, shall be required to pay the thirty-dollar impoundment fee and
fifteen-dollar daily shelter fee to the shelter for a period of time
deemed appropriate by the court. These fees shall be required unless
a determination is made by a Town Justice that the Dog is not deemed
to be a Dangerous Dog and that there has not been a violation of this
chapter. The fees collected shall be forwarded to the Town and used
to enforce this chapter.
No person shall rescue or turn away from the custody of an Animal
Control Officer or police officer driving, leading or conveying to
a shelter any Animal prohibited from running At Large on any street
or public place and no person shall interfere with, obstruct or hinder
such a person in the performance of these duties.
Pursuant to Article 7 of the Agriculture and Markets Law, § 115,
the Town of Greenburgh shall not be required to expend in any calendar
year for Animal Control Officers and shelter services undertaken pursuant
to this chapter, an amount of money greater than it receives during
such year pursuant to this chapter and any local law or ordinance
enacted pursuant thereto.
A.
Each and every violation of this chapter shall be punishable by a
fine of not more than $50 for the first offense. Each day a violation
continues shall constitute a separate offense.
B.
After an individual has been convicted of a violation of any provision
of this chapter, any subsequent conviction for a violation of any
provision of this chapter within five years shall be punishable by
a fine of not less than $50 nor more than $250 and/or imprisonment
for not more than 15 days.
C.
Any person convicted of Torture or Cruelty to an animal shall be
required to pay, in addition to the mandatory fine, the cost of veterinary
care required by that person's acts or omissions or neglect.
D.
For the purpose of determining a violation of this chapter, the prior
conduct of the person, Dog or Domestic Animal shall be admissible,
whether or not such conduct has resulted in an individual being convicted
of a violation of this chapter or any other law or ordinance applicable
thereto.
E.
Any person who fails to report the presence of a Wild Animal or Dangerous
Dog as required in this chapter shall be subject to a civil penalty
of not more than $250 for the first offense, and upon being found
guilty of a second or subsequent offense, by a civil penalty of not
less than $250 or more than $1,000. Except as otherwise provided by
law, such a violation shall not be a crime and the penalty or punishment
imposed therefor shall not be deemed for any purpose a criminal penalty
or punishment and shall not impose any disability upon or affect or
impair the credibility as a witness, or otherwise, of a person found
guilty thereof.
F.
Any person who intentionally refuses, withholds, or denies a person, because she or he is accompanied by an on-duty Police Work Dog, Working Search Dog, War Dog, or Detection Dog as defined in § 310-4 of this chapter, any accommodations, facilities, or privileges thereof shall be subject to a civil penalty of up to $200 for the first violation and up to $400 for each subsequent violation.
