[HISTORY: Adopted by the Town Board of the Town of Thompson
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 163.
[Adopted 7-7-1981 by L.L. No. 5-1981; amended in its entirety 12-7-2010 by L.L. No.
11-2010 (Ch. 91, Art. I, of the 2003 Code)]
This article shall be known as the "Town of Thompson Dog Ordinance."
A.
The purpose of this article is to provide for the licensing and identification
of dogs, the control and protection of the dog populations and the
protection of persons, property, domestic animals and deer from dog
attack and damage.
B.
The Town also recognizes, effective January 1, 2011, the State of
New York has relinquished the responsibility of dog licensing function
to local municipalities. Local municipalities will now be required
to adopt legislation relating to this issue.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any dog harbored within the Town of Thompson which is owned
by a resident of New York City or licensed by the City of New York,
or which is owned by a nonresident of New York State 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.
The owner of every animal which is at any time kept, brought
or comes into the Town will be held responsible for the strict observance
by such animal and with respect to such animal of all the rules and
regulations contained in this article at all times when such animal
is within the Town.
As used in this article, the following terms shall have the
meanings indicated:
The delivery to any natural person 18 years of age or older
for the purpose of harboring a dog, seized or surrendered, from a
shelter.
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.
Any male or female dogs, either singular or plural.
The Town Clerk, or Deputy Town Clerk, of the Town of Thompson,
where licenses are to be validated or issued.
That such animal is securely confined or restrained or kept
on the owner's premises, either within a building, kennel 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 on 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.
Shall mean, designate and apply to any animal which, without
just cause, bites, attacks, chases or snaps at or otherwise threatens
to attack any person or attacks and wounds a dog or other domestic
animal or which displays any other fierce, vicious or dangerous propensities.
"Dangerous" does not include a police work dog, as defined in this
article.
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.
Any member of the species Canis familiaris.
Any individual appointed by the Town Board to assist in the
enforcement of this article and any person authorized from time to
time to enforce the provisions of the Agriculture and Markets Law
of the State of New York and provisions set forth in this article.
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer or whitetail deer which is raised under license from the
New York State DEC, 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 New York State DEC before
release from captivity, except that the varieties of fowl commonly
used for cockfights shall not be considered domestic animals for the
purposes of this article.
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 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.
To provide food or shelter to any 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.
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
Any dog carrying an identification tag as provided in § 124-8 of this article.
Any county, town, city and village.
Any person who harbors or keeps any dog, cat or other animal.
The person in whose name a dog was last licensed pursuant
to this article.
Any person with a disability, as that term is defined in
Subdivision 21 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.
As applied to an animal, shall describe, designate or apply
to:
Any dog which, by its frequent barking, howling, whining or
other disturbing noise, unreasonably disturbs the comfort and/or repose
of any person or persons so as to injure health or interfere with
sleep.
Every animal which habitually chases any persons or bicycles,
automobiles or other vehicles upon any public highway or in any such
public place.
Every animal which is a dangerous animal as defined in the above
definition of "dangerous," and every such animal is hereby declared
to be a public nuisance.
Every animal which creates a health hazard.
Any real property owned by the Town of Thompson which is
used for recreational purposes by the public, including but not limited
to parks or playgrounds.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
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. "Service dog" shall
also refer to dogs defined herein as a detection dog, geese dog, guide
dog, hearing dog, police work dog, therapy dog, and working search
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.
The Town of Thompson, including incorporated areas.
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.
A.
Licensing of dogs.
(1)
The owner of any dog being harbored in the Town of Thompson 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 date of the month following
the date of issuance. Renewal shall be annually 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 marks, if any, and the name, address,
telephone number, county and town of residence of the owner.
(4)
The application shall be accompanied by a license fee as set forth in § 124-7 and a valid certificate of rabies vaccination or statement in lieu thereof. 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 such certificate shall not be required if the same is already on file with the Clerk.
(5)
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.
(6)
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.
(7)
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 in the municipality were such dog is harbored.
The original issued identification tag shall remain the same for the
life of the dog while harbored in the Town unless such tag is replaced.
B.
Purebred licenses. There will not be distinct purebred or kennel licenses as previously provided for by the state. Any and all existing purebred licenses will now be required to comply with § 124-6 of this article; however, any owner of five or more purebred dogs registered by a recognized registry association and providing documentation of such shall be subject to reduced purebred licensing fees as stipulated in § 124-7 of this article.
C.
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.
D.
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 as set from time to time by resolution of the Town
Board. 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, the Town may use such excess fees for
any other lawful purpose.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
For each spayed or neutered dog: a fee as set from time to time by
resolution of the Town Board. It shall include a state assessment
pursuant to § 110, Subdivision 3, of the New York State
Agriculture and Markets Law, and additional funds for remuneration
as provided for by § 110, Subdivision 4(a) of the Agriculture
and Markets Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
For each unspayed or unneutered dog: a fee as set from time to time
by resolution of the Town Board. It shall include a state assessment
pursuant to § 110, Subdivision 3 of the New York State Agriculture
and Markets Law, and additional funds for remuneration as provided
for by § 110, Subdivision 4(a) of the Agriculture and Markets
Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Purebred license fee as stipulated in § 124-6B. For each spayed or neutered dog: a fee as set from time to time by resolution of the Town Board per dog. For each unspayed or unneutered dog: a fee as set from time to time by resolution of the Town Board. It shall include a state assessment pursuant to § 110, Subdivision 3 of the New York State Agriculture and Markets Law, and additional funds for remuneration as provided for by § 110, Subdivision 4(a) of the Agriculture and Markets Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
There shall be no fee for any license issued for any guide dog, hearing
dog, service dog, war dog, working search dog or police work dog.
Each copy of any license for such dogs shall be conspicuously marked
guide dog, hearing dog, service dog, war dog, working search dog or
police work dog, as may be appropriate, by the Town Clerk.
E.
License fees may also change based upon state surcharge payments.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
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.
B.
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.
C.
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 own expense for a fee as set
from time to time by resolution of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
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.
E.
The identification tag shall be imprinted with the "Town of Thompson,"
State of New York, a unique identification number and the telephone
number of the Town Clerk's office.
A.
In the event of a change in ownership of any dog which has been assigned
an official identification number/tag 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 which has been assigned an official identification number/tag
has lost its ID number/tag, or 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.
A.
The Town of Thompson shall appoint a Dog Control Officer or officers,
as needed, pursuant to the appropriate statute of the State of New
York. It shall be the duty of such Dog Control Officer or officers
of the Town of Thompson to enforce the appropriate provisions of the
Agriculture and Markets Law with respect to dogs in the Town of Thompson
and to enforce this article.
B.
The Dog Control Officer or officers of the Town of Thompson shall
seize any dog which is found to be in violation of any portion of
this article as well as any dog or dogs otherwise required to be seized
under and by virtue of the Agriculture and Markets Law of the State
of New York. All complaints concerning alleged violations of this
article shall be communicated to the Dog Control Officer or officers.
All such complaints shall be investigated, and it shall be the duty
of the Dog Control Officer or officers in the appropriate case to
proceed with civil or criminal enforcement of this article or any
other provisions of law pertaining hereto.
C.
Pursuant to § 113, Subdivision 3, of the Agriculture and
Markets Law, the Dog Control Officer is hereby authorized to issue
appearance tickets.
This article shall be enforced by the Dog Control Officer of the Town of Thompson, as defined in § 124-5 of this article.
The Town of Thompson does not allow the licensing of dogs by
a shelter, including pounds, SPCAs, humane societies and animal protective
associations. The shelter including all of the above must notify the
adoptive owners of their responsibility to license any dog who will
be living within New York State with their respective town, city or
village clerk within 30 days of adoption. The shelter including all
of the above must provide the Town of Thompson with a list of adoptive
owners monthly for any dog being adopted out without a valid license.
As set forth in § 115 of the Agriculture and Markets
Law of the State of New York, the Town of Thompson does not have to
expend an amount of money greater than received under our local dog
licensing/dog control law/ordinance for dog control and dog shelter
services.
B.
It shall be the duty of the Dog Control Officer of the Town to bring an action against any person who has committed within the Town any violation set forth in § 124-14, Subsection A, of this article. A violation of this section shall be punishable as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
A fine of not less than $25, except that:
(a)
Where the person was found to have previously violated this
section once within the preceding five years, the fine shall not be
less than $50; and
(b)
Where the person was found to have committed two or more such
violations within the preceding five years, it shall be punishable
by a fine of not less than $100.
C.
Violations and fines as set forth in this section are pursuant to
§ 118 of the Agriculture and Markets Law of the State of
New York, entitled "Violations."
A.
Keeping of a persistently barking dog is prohibited. No person shall keep, suffer or permit to be kept on the premises occupied by such person any dog which by its continual barking, howling, whining or other frequent or long-continued noises shall unreasonably disturb the comfort or repose of any person, as stipulated in Chapter 163 of the Town of Thompson Code, entitled "Noise," § 163-1B(5).
B.
It is unlawful for any person to own or harbor a dog which habitually
barks, howls or whines for more than 30 consecutive minutes when said
period occurs on two consecutive days. Such behavior shall be deemed
to cause the annoyance and discomfort of persons in the Town of Thompson.
(See warning and complaint procedure below.)
A.
Any resident of the Town may request, in writing, that the Dog Control Officer warn any person who shall own or harbor any dog which habitually barks in violation of § 124-15 of this article.
B.
Any such request shall identify the owner of the premises, the owner
or harborer of the dog and the name and address of the person making
the request. Upon receipt of such request, the Dog Control Officer
shall investigate the complaint and, upon a determination that there
is probable cause that such complaint is valid, shall give the owner
or harborer of the dog a warning.
C.
The warning shall consist of personal delivery of a copy of these
provisions to such owner or harborer or to someone in his or her household,
or by mailing a copy of these written provisions if the violator resides
outside the Town of Thompson, together with a written notice that
no further warning shall be given and that any future violations shall
be prosecuted according to law.
Any person found to be in violation of § 124-15 of this article shall be deemed guilty of a violation and shall be liable to a fine of not less than $50 nor more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment.
It shall be unlawful within the Town of Thompson for any owner
of any dog to permit or allow said dog:
A.
To run at large off the owner's property unless the dog is accompanied
by its owner or a responsible person, either of whom must be able
to control such dog by command and with knowledge, consent and approval
of the owner of such premises.
(1)
A dog present in a public place or on private lands without the knowledge,
consent and approval of the owner of such private lands shall be considered
running at large, unless restrained by an adequate leash.
(2)
Dogs used for hunting, trailing, training, or tracking, police work
dogs, service dogs, or working search dogs when actually used for
these purposes and not restrained by a leash shall not be considered
running at large.
B.
To habitually chase, run alongside, or bark at moving motor vehicles.
C.
To uproot, dig, or otherwise damage vegetables, lawns, flowers, gardens
or other property not belonging to the owner of such dog.
D.
To chase, jump upon or at, or otherwise harass any person (other
than the owner) in such a manner as to reasonably cause intimidation
or fear, or put such person in a position of reasonable apprehension
of bodily harm or injury, while off the owner's premises.
E.
To create a nuisance by defecation, urination, or digging on property
not belonging to the owner of such dog.
(1)
Removal of feces required. Any person owning or in charge of any
dog which soils, defiles on or commits any nuisance on any property,
without the permission of the owner of the property, shall immediately
remove all feces by such dog in a sanitary manner, including excess
feces on the owner's property.
(2)
Disposal of feces. The feces removed from the aforementioned areas
shall be disposed of by the person owning or in charge of any such
dog in a sealed, nonabsorbent, leakproof container.
(3)
Exception to guide dogs. The provisions of this subsection shall
not apply to blind persons who may use dogs as guides and police work
dogs in use of police work.
F.
To allow a female dog to be off the owner's premises when in
heat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person found to be in violation of § 124-18 of this article shall, upon conviction, be deemed guilty of a violation and shall be liable to a fine of not less than $50 nor more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment, except violations of § 124-18E(1) shall be subject to a fine of not less than $25 nor more than $50.
A.
Repeat violations of this section shall be punishable as follows:
(1)
Where a person has previously been found guilty of this section [excluding § 124-18E(1)] within the preceding five years, the fine shall be not less than $150 nor more than $250; and
(2)
Where a person has been found guilty of two or more such violations of this section [excluding § 124-18E(1)] within the preceding five years, it shall be punishable by a fine of not less than $250 nor more than $500.
A.
Any dog found in violation of the provisions of § 124-14 of this article may be seized pursuant to the provisions of § 117 of the Agriculture and Markets Law.
B.
Every dog seized shall be properly cared for, sheltered, fed and
watered for the redemption period set forth in § 117 of
the Agriculture and Markets Law.
C.
Seized dogs may be redeemed by producing proof of licensing and identification
pursuant to Article 7 of the Agriculture and Markets Law and by paying
the impoundment fee set forth in § 117 of the Agriculture
and Markets Law.
D.
If the dog is to be redeemed, the owner, upon redemption, shall pay
the Town Clerk a fee as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Any dog unredeemed at the expiration of the redemption period shall
be turned over to the shelter contracted by the Town and made available
for adoption or euthanized pursuant to the provisions of § 117
of the Agriculture and Markets Law.
F.
Dogs turned over to the shelter contracted by the Town for euthanasia
and adoption or unclaimed must be neutered or spayed if and when adopted
from the shelter contracted by the Town, at the expense of those adopting
the animal.
G.
No action shall be maintained against the Town, Dog Control Officer,
or peace officer when acting pursuant to his or her special duties,
or any other agent of the Town, or any persons under contract to the
Town, to recover the possession of, or value of any dog seized or
destroyed pursuant to the provisions of this article or the Agriculture
and Markets Law.
H.
Any Dog Control Officer or peace officer, when acting pursuant to
his or her special duties, observing a violation of this article in
his or her presence may issue and serve an appearance ticket for such
violation.
I.
In the event that the dog seized bears a license tag, the person
seizing the dog shall, within three days thereafter, ascertain the
name of the owner and give the owner immediate notice by serving upon
the owner a written notice stating that the dog was seized and stating
that the dog will be destroyed or otherwise provided for unless redeemed
or a trial is demanded within 12 days of the impoundment of the dog.
J.
In the event that the dog seized does not bear a license tag and
the owner is unknown, the shelter contracted by the Town shall be
authorized to destroy the dog seven days after the impounding or to
dispose of the dog by sale or other means, unless the owner redeems
the dog, if permitted, or unless a trial is demanded by the owner,
within seven days of seizure.
K.
Abandoned dogs. Any dog at large which does not display any current
dog license or other means of identification or which fails to exhibit
any evidence of having had administered to it a rabies vaccination
shall be considered an abandoned dog and may be summarily impounded
by the Dog Control Officer.
If any impounded dog is not redeemed or a trial demanded within
the time herein as set forth, the owner shall forfeit ownership of
the dog, and it may thereafter be destroyed or otherwise provided
for by the appropriate official as hereinafter provided.
A.
In the event that it becomes necessary to destroy a dog, the Dog
Control Officer or any law enforcement officer shall arrange, through
the shelter contracted by the Town, to humanely destroy the dog and
dispose of the carcass. Any Dog Control Officer who destroys a dog
must make a report in writing to the Town Clerk, and such report shall
be filed for one year.
B.
The owner, possessor or harborer of any dog destroyed under the provisions
of this article shall not be entitled to any compensation and no action
shall be maintained thereafter to recover the value of the animal
or any other type of damage whatsoever.
All money and penalties collected for violation of Article 7
of the Agriculture and Markets Law of the State of New York and all
of the money and penalties collected for violation of the Town of
Thompson local law/ordinance shall remain the property of the Town
of Thompson as stipulated in § 119 of the Agriculture and
Markets Law. The money can only be used for dog control purposes,
funding low-cost spay/neuter programs and subsidizing humane education
programs.
It shall be unlawful for any dog determined to be dangerous
to be at large within the Town of Thompson at any time, even though
such animal is licensed, muzzled and effectively immunized against
rabies. A dangerous dog which is found at large may be taken and impounded.
If any dangerous, fierce or vicious dog found at large cannot be safely
taken up and impounded, such dog may be summarily destroyed. Further
provisions for dangerous dogs are set forth pursuant to § 123
of Article 7 of the Agriculture and Markets Law of the State of New
York.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall be confined in its operation to the
clause, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
This article is enacted pursuant to the provisions of §§ 122
and 124 of Article 7 of the Agriculture and Markets Law of the State
of New York.
This article shall take effect January 1, 2011.
