[HISTORY: Adopted by the Town Board of the Town of Chatham as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-21-2011 by L.L. No. 1-2011[1]]
[1]
Editor's Note: This local law superseded former Art. I, Dog Restrictions, adopted 8-18-2005 by L.L. No. 3-2005.
The Town Board of the Town of Chatham (hereinafter referred to as the "Town") finds that the running at large and other uncontrolled behavior of licensed and unlicensed animals, including dogs, has caused physical harm to persons, damage to property and created nuisances within the Town. The purpose of this article is to protect the health, safety and well-being of persons and property by imposing restrictions on the owners of animals within the Town.
The title of this law shall be, "Animal Control Law of the Town of Chatham."
The position of Animal Control Officer is hereby created and shall be filled by appointment of the Town Board of the Town of Chatham as set forth herein.
As used in this article, the following words shall have the following respective meanings:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, as amended by this article, and as amended thereafter.
ANIMAL
Pets, farm animals, dogs, cats, sheep, horses, cattle, goats, swine, fowl, ducks geese, turkeys, chickens, any other mammal, bird, reptile, whether domesticated or not, or which is classified by the NYS Department of Environmental Conservation as "dangerous wildlife."
CONFINED
That such animal is securely confined or restrained and kept on the owner's premises, whether within a building, kennel, electric fence or other suitable enclosure or securely fastened on a chain, wire or other effective tether of such length and so arranged that the animal cannot reach or endanger any person or any adjacent premises or on any public street, way or place, or, if the animal is being transported by the owner, that it is securely confined in a crate, or other container, or so restrained in a vehicle that it cannot be expected to escape therefrom.
ANIMAL CONTROL OFFICER
Any person authorized by the Columbia County Board of Supervisors or the Town Board of the Town of Chatham from time to time to enforce the provisions of this article or the provisions of the Agriculture and Markets Law.
HARBOR
To provide food or shelter to any animal.
OWNER
The party purchasing the license of an animal, unless the animal is or has been lost, and such loss reported to the Animal Control Officer and reasonable search has been made. If an animal is not licensed, the term of "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any animal which is kept, brought or comes within the Town. Any person owning or harboring an animal for a period of one week prior to the filing of any complaint charging a violation of this article shall be held and deemed to be the owner of such animal for the purpose of the article. In the event any animal found to be in violation of this chapter shall be owned by a minor, the head of the household in which said minor resides shall be deemed to have custody and control of said animal and shall be responsible for any acts of the said animal and violation of this article.
RECREATIONAL AREAS
Any real property owned by the Town which is used for recreational purposes by the public including, but not limited to, parks or playgrounds.
RUN AT LARGE
To be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands.
SCHOOL PREMISES
Any real property situate within the Town which is used for educational purposes or purposes incidental thereto.
TOWN
Shall designate the area within the corporate limits of the Town.
A. 
It shall be unlawful for any owner of any animal in the Town to permit or allow such animal to:
(1) 
Engage in habitual loud howling, barking, crying, whining or making of such noise 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 animal.
(2) 
Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property not belonging to the owner of such animal.
(3) 
Chase, 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.
(4) 
Habitually chase, run alongside of or bark at motor vehicles while on a public street or highway or upon public or private property other than property of the owner or harborer of said animal.
(5) 
Create a nuisance by defecating, urinating or digging on public property or private property other than of said owner.
B. 
Establishment of the fact or facts that an animal has committed any of the acts prohibited by § 69-2.3 of this article shall be presumptive evidence against the owner or harborer of such animal that he/she has failed to properly confine, leash or control his/her animal.
This article shall be enforced by any Animal Control Officer or peace officer when acting pursuant to his/her special duties.
A. 
Any animal found in violation of the provisions of § 69-2.3 of this article may be seized pursuant to the provisions of § 118 or Article 26 of the Agriculture and Markets Law.
B. 
Every animal seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in § 118 or Article 26 of the Agriculture and Markets Law.
C. 
Seized animals may be redeemed by producing proof of licensing and identification pursuant to the provisions of Local Law No. 5 of 2010[1] of the Town of Chatham and by paying the impoundment fees set forth therein.
[1]
Editor's Note: See Ch. 69, Art. II, Dog Licensing; Fees.
D. 
If the owner of any unredeemed animal is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section whether or not such owner chooses to redeem his/her animal.
E. 
Any animal unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provisions of § 118 or Article 26 of the Agriculture and Markets Law.
F. 
No action shall be maintained against the Town, any Animal Control Officer or peace officer when acting pursuant to his/her special duties, or any other agent or officer of the Town or person under contract to said Town to recover the possession or value of animal, or for damages for injury or compensation for the destruction of any animal seized or destroyed pursuant to the provisions of this article or the Agriculture and Markets Law.
Any Animal Control Officer, peace officer when acting pursuant to his/her special duties, or police officer in the employ of or under contract the Town observing a violation of this article in his/her presence shall issue and serve an appearance ticket for such violation.
A. 
Any person who observes an animal in violation of this article may file a complaint under oath with a Town Justice specifying the nature of this violation, the date thereof, a description of the animal and the name and residence, if known, of the owner of the animal.
B. 
Upon receipt by the Town Justice of any such complaint, he/she shall summon the alleged owner to appear in person before him/her for a hearing, at which both the complainant and owner shall have an opportunity to be represented by counsel and to present evidence. If, after such hearing, the Town Justice decides that further action is warranted, he/she may order:
(1) 
The animal to be declared a vicious or dangerous animal to be restrained by collar and leash and muzzled at all times whether on or off the owner's property.
(2) 
The animal to be confined to the premises of the owner.
(3) 
Such other remedy as may be warranted by the circumstances in such case.
C. 
A violation of any order issued by a Town Justice under the provisions of this § 69-2.7 shall be an offense punishable, upon conviction thereof, as provided in § 69-2.8 of this article.
A conviction of a violation of this article shall be deemed an offense and punishable by a fine not exceeding $50 for the first offense, and $100 for each offense thereafter.
[Adopted 12-16-2010 by L.L. No. 4-2010[1]]
[1]
Editor's Note: This local law superseded former Art. II, Dog License Fees, adopted 9-11-1986 by L.L. No. 3-1986.
The Town Board of the Town of Chatham finds it necessary to enact a local law to address the licensing of dogs in lieu of the State of New York's recent mandate that dog licensing become a local government function on January 1, 2011. 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 persons, property, and domestic animals from dogs.
This article is adopted pursuant to § 10 of the Municipal Home Rule Law and New York Agriculture and Markets Law Part T of Chapter 59 of the Laws of 2010.[1]
[1]
Editor's Note: Chapter 59, Part T, of the Laws of 2010 amended Article 7 of the Agriculture and Markets Law, effective 1-1-2011.
The Town Board of the Town of Chatham hereby adopts the following article with regard to the licensing of dogs within the Town of Chatham.
As used in this article, the following terms shall have the meanings indicated:
CUSTODIAN
Person having possession or guardianship of any dog who is not the owner of the dog.
DOG
Includes male and female, licensed and unlicensed members of the species Canis familiarias.
DOG CONTROL OFFICER
Any individual appointed by the Town of Chatham to enforce any and all New York State Agriculture and Markets Laws and local laws regulating animals, including dogs.
HARBOR
To provide food and/or shelter to any dog.
IDENTIFICATION TAG
Tag issued by the Town of Chatham which sets forth the identification number assigned to a specific dog and such other information as the Town of Chatham deems appropriate.
IDENTIFIED DOG
Any dog carrying an identification tag as required by this article.
LICENSE EXPIRATION DATE
The expiration date as noted on the dog license issued by the Town of Chatham.
OWNER
Any person who harbors or keeps a dog.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant to this article, except that if any license is issued on application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person. Any person owning or harboring a dog for a period of one week in the Town of Chatham shall be held and deemed the owner of such dog for purposes of this article.
TOWN CLERK
The Clerk of the Town of Chatham, where dog licenses are validated or issued pursuant to this article.
A. 
All dogs within the Town of Chatham four months of age or older, unless otherwise exempted, shall be licensed. The owner of each dog required to be licensed shall obtain, complete and return, to the Town Clerk or the Dog Control Officer, a dog license application together with required supporting documentation, the license application fee, any applicable license surcharges and such additional fees as may be established by the Town of Chatham. Each license application shall be accompanied by 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. Each license issued shall be valid for a period of one year and must be renewed prior to the expiration date thereof. In no event shall a license or renewal be issued to expire after the expiration date of the rabies vaccination provided by the owner. The Town of Chatham hereby specifically opts out of the option to allow any licensed chapter of the Humane Society to issue licenses within the Town.
B. 
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog.
C. 
All licenses shall expire on the last day of the last month for which they are issued.
D. 
The owner of any dog shall notify the Town Clerk of a change of address, ownership, death or loss of his or her licensed dog.
E. 
Upon the submission of a dog license application, all required documentation and payment of the required license fee, a Town of Chatham dog license identification tag will be provided to the owner of the dog. The identification tag must be affixed to a dog collar and worn by the dog at all times.
F. 
For those owners who fail to renew a dog license, the Dog Control Officer shall mail a late renewal fee invoice and warning that failure to renew the license, within a specified time, shall result in the issuance of a court appearance ticket. The late renewal of an expired dog license shall result in a fine of $10.
G. 
Any dog harbored within the Town of Chatham which is owned by a resident of New York City and licensed by the City of New York, or which is owned by a nonresident of New York and licensed by a jurisdiction outside the State of New York, shall for a period of 30 days be exempt from the licensing and identification provisions of this article.
A. 
License fee for spayed/neutered dog: $6.50, plus New York State surcharge of $1, equals $7.50.
B. 
License fee for unspayed/unneutered dog: $12.50, plus New York State surcharge of $3, equals $15.50.
A. 
It shall be a violation, punishable as provided in Subsection C of this section, for:
(1) 
Any owner to fail to license any dog;
(2) 
Any owner to fail to have any dog identified as required by this article;
(3) 
Any owner to fail to renew a dog license on or before the license expiration date;
(4) 
Any person to knowingly affix to any dog any false or improper identification tag;
(5) 
Any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this article;
(6) 
Any person to furnish any false or misleading information on any form required to be filed with the Town of Chatham pursuant to this article.
B. 
It shall be the duty of the dog control officer to bring an action against any person who has committed any violation set forth in this article pursuant to the Penal Law of the State of New York. 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, any dog control officer of the Town of Chatham may serve any process, including an appearance ticket, a uniform appearance ticket and a uniform appearance ticket and simplified information, related to any proceeding, whether criminal or civil in nature, undertaken in accord with the provisions of this article or any local law or ordinance promulgated pursuant thereto.
C. 
A violation of this section shall be punishable as follows:
(1) 
By a fine of not less than $50 nor more than $250, except that:
(a) 
When the person was found to have violated any part of this section within the preceding five years, the fine may be not less than $100 nor more than $250; and
(b) 
Where the person was found to have committed two or more such violations of any part of this section within the preceding five years, the fine may be not less than $150 nor more than $400.
A. 
Any dog control officer or peace officer, acting pursuant to his or her special duties, or police officer in the employ of or under contract to the Town of Chatham shall seize:
(1) 
Any dog which is not identified and which is not on the owner's premises;
(2) 
Any dog which is not licensed, whether on or off the owner's premises;
(3) 
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;
(4) 
Any dog found to be without vaccination for rabies; and
(5) 
Any dog which poses an immediate threat to the public safety.
B. 
Any dog control officer in the employ of or under contract to the Town of Chatham may seize any dog in violation of this article or any other local law of the Town of Chatham relating to the control of dogs.
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 at least 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 fees:
(1) 
Any and all costs associated with the shelter, feeding, and care of the dog, plus any impoundment fees as set forth in the current Humane Society or similar institution contract.
E. 
Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. Such dog shall be held for a period of 30 days after the date of the mailing or personal notice, during which period the dog may be redeemed by the owner. The owner may redeem such dog upon payment of the impoundment fees prescribed by in § 62-10D(1) of this article and by producing proof that the dog has been duly licensed.
F. 
An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption.
Establishment of the fact or facts that the owner of a dog failed to properly license and identify his/her dog as licensed shall be presumptive evidence that the owner or person harboring said dog is not in compliance with the provisions of this article.
Any person who shall interfere with or obstruct any animal control officer, police officer and any officer or agent of a duly incorporated society for the prevention of cruelty to animals shall be guilty of a misdemeanor, punishable by imprisonment for not more than one year or by a fine of not more than $1,000, or both.