[HISTORY: Adopted by the Town Board of the Town of Poestenkill 12-16-2010 by L.L. No.
8-2010. Amendments noted where applicable.]
Effective January 1, 2011, the State of New York relinquishes
the responsibility of dog licensing function to local municipalities
and eliminates the Animal Population Control Fund and, accordingly,
local municipalities, including the Town of Poestenkill, will now
be required to adopt legislation relating to this issue. The Town
Board of the Town of Poestenkill finds that the running at large and
other uncontrolled behavior of licensed and unlicensed dogs has caused
physical harm to persons and damage to property and has created nuisances
within the Town. The purpose of this chapter is to provide for the
licensing and identification of dogs; the control and protection of
the dog population; the protection of persons, property, domestic
animals and deer from dog attack and damage; and the preservation
and protection of the public health, safety and welfare by enforcing
regulations and restrictions on the activities of dogs that are consistent
with both the rights and privileges of dog owners as well as the rights
and privileges of other citizens of the Town of Poestenkill.
This chapter 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.
This chapter shall be known and may be cited as the "Dog Control
and Licensing Law of the Town of Poestenkill."
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.
The Town Clerk or Deputy Town Clerk of the Town of Poestenkill
or his, her or their agent.
Any dog which: i) without justification, attacks a person,
companion animal as defined in Subdivision 5 of § 350 of
the Agriculture and Markets Law, farm animal as defined in Subdivision
4 of § 350 of the Agriculture and Markets Law or domestic
animal as defined in Subdivision 7 of § 108 of the Agriculture
and Markets Law, and causes physical injury or death; or ii) behaves
in a manner which a reasonable person would believe poses a serious
and unjustified imminent threat of serious physical injury or death
to one or more persons, companion animals, farm animals or domestic
animals; or iii) without justification, attacks a service dog, guide
dog or hearing dog and causes physical injury or death. "Dangerous
dog" does not include a police work dog, as defined herein, which
acts in the manner described in this definition while such police
work dog is being used to assist one or more law enforcement officers
in the performance of their official duties.
Any dog that is trained and is actually used for or is undergoing
training to be used for the purpose of detecting controlled substances,
explosives, ignitable fluids, firearms, cadavers or school or correctional
facility contraband.
Any male or female, licensed or unlicensed, member of the
species canis familiaris.
A person or persons appointed by the Town for the purpose
of enforcement of this chapter.
The act or process of euthanizing.
To bring about death by a humane method.
[1]Any dog that is trained to aid a person who is blind and
that 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 that 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 chapter.
Any of the various categories of kennel as defined in the Land Use Regulations of the Town of Poestenkill, Rensselaer County, New York (Chapter 150 of the Code of the Town of Poestenkill).
The person entitled to claim lawful custody and possession
of a dog who is responsible for purchasing the license for such dog
unless the dog is or has been lost, and such loss was promptly reported
to the Town Clerk and/or the Dog Control Officer and a reasonable
search has been made. If a dog is not licensed, the term "owner" shall
designate and cover any person or persons, firm, association, or corporation,
who or which at anytime owns or has custody or control of, harbors,
or is otherwise responsible for any dog which is kept in, brought
into or comes within the Town. Any person owning or harboring a dog
for a period of one week prior to the filing of any complaint charging
a violation of this chapter shall be held and deemed to be "owner"
of such dog for the purpose of this chapter. In the event that the
owner of any dog found to be in violation of this chapter shall be
under 18 years of age, the head of the household in which said minor
resides shall be deemed to have custody and control of said dog and
shall be responsible for any acts of the said dog in violation of
this chapter.
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 dog has been
trained to aid law enforcement officers and is actually being used
for police work purposes.
When applied to a dog, to be off the premises of the dog's
owner and in a public place or on private lands of another 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.
In general, any facility maintained by or under contract
or agreement with the state or any county, city, town or village.
Where the context makes it clear that the intended reference is to
the Town's own shelter, that facility with which the Town has
contracted for the providing of municipal dog shelter services pursuant
to Article 7 of the Agriculture and Markets Law of the State of New
York and/or this chapter.
The Town of Poestenkill.
The Town Board of the Town of Poestenkill.
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 that is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
A.
It shall be unlawful, and constitute an offense punishable as hereinafter
set forth, for any owner of any dog in the Town to permit or allow
such dog to:
(1)
Run at large, unless the dog is accompanied by its owner or a responsible
person and under the full control, either by restraint or command,
of such owner or person. For the purpose of the chapter, a dog or
dogs hunting in the company of a hunter or hunters shall be considered
as accompanied by its or their owner or owners.
(2)
Engage in habitual 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.
(3)
Cause damage or destruction to and/or create a nuisance on public
or private property other than the property of the owner or harborer
of said dog. Without in any way limiting the generality of the foregoing,
such prohibited conduct shall specifically include defecating or urinating
on said property or digging, uprooting or otherwise damaging any vegetables,
lawn, flowers, garden beds, bushes or other natural or artificial
decorations upon said property.
(4)
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 or injury or to actually
cause bodily harm or injury.
(5)
Chase, attack or cause injury to deer or any domestic animal.
(6)
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.
(7)
If a female dog, when in heat, be off the owner's premises unrestrained
by a leash.
(8)
Be off the property of the dog's owner or harborer during the
period from 6:00 p.m. to 7:00 a.m., unless held on a leash or accompanied
by and under the control of the dog's owner or harborer.
B.
Establishment of the fact or facts that the owner of a dog has allowed
or permitted such dog to commit any of the acts prohibited by this
chapter shall be presumptive evidence against the owner or harborer
of such dog that said owner or harborer has failed to properly confine
or control said dog.
It shall also be an offense, punishable as hereinafter set forth,
for:
A.
Any owner to fail to license a 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 or special identification tag for identifying guide, service or
hearing dogs.
A.
Any person who observes a dog in violation of this chapter may file
a complaint under oath with a Town Justice specifying the nature of
the violation, the date thereof, a description of the dog and the
name and residence, if known, of the owner of the dog. Alternatively,
such sworn complaint may be filed with the Town Dog Control Officer
or any other person authorized and designated by the Town Board to
receive such complaints. In such event, the complaint shall then be
delivered to a Town Justice as soon as possible for further proceedings
as hereinafter set forth.
B.
Upon receipt by the Town Justice of any such complaint, he shall
summon the alleged owner to appear in person before him, at which
time the owner shall have an opportunity to be heard and to be represented
by counsel.
A violation of any provision of this chapter shall be an offense punishable, upon conviction thereof, by a fine as provided in § 108-16B of this chapter. Each separate offense shall constitute an additional violation. Said fine shall be in addition to any applicable shelter and veterinary care costs, vaccination fees, license fees and/or any seizure and impoundment fees, as provided for in § 108-14 of this chapter.
A.
The Town Dog Control Officer or any other person so designated by
the Town Board is authorized to seize any dog found violating this
chapter, exercising such degree of force as shall be necessary to
effect such seizure without intentionally injuring or harming such
dog, and such dog shall be impounded and disposed of in accordance
with the provisions of Article 7 or other applicable provisions of
the Agriculture and Markets Law.
B.
The owner of any dog so seized shall be notified if the owner is ascertainable from the dog's license tag or microchip. Subject to the provisions of § 108-14B of this chapter which provide for possible longer alternative redemption periods, the owner or any person over the age of 18 years so authorized by the owner may redeem the dog within five days, upon payment of impounding fees and license fee, if the dog is unlicensed. If any dog is not so redeemed, the owner shall forfeit all title thereto, and the dog shall be sold or otherwise disposed of. No action shall be maintained against the Town of Poestenkill, any duly designated Dog Control Officer or any other agent or officer of the Town to recover the possession or value of any dog or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this chapter.[1]
Any Town Justice of the Town of Poestenkill shall have jurisdiction
to hear all complaints under this chapter as well as jurisdiction
of all actions and proceedings hereunder and of all prosecutions for
violation of this chapter.
A.
License application, procurement, duration and renewal.
(1)
License required. The owner of any dog 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 or that is residing in a pound or shelter maintained by or under contract or agreement with the state or any county, city, town or village, any duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective society. Without in any way limiting the generality of the foregoing, the obtaining of a dog license is specifically required as a condition precedent to the redemption and release of any impounded and unlicensed dog as provided for in § 108-14 of this chapter.
(2)
Issuance by Clerk or Dog Control Officer. Application for a dog license
shall be made to the Clerk and shall be accompanied by the appropriate
license fee, as specified below. The foregoing notwithstanding, the
Dog Control Officer of the Town of Poestenkill shall be and hereby
is also authorized to issue original dog licenses for owners within
the Town of Poestenkill, remitting all moneys collected directly to
the Town Clerk for the latter's reconciliation and approval.
(3)
Content of application and required submissions. The application
shall state the sex, actual or approximate year of birth, breed, color(s),
and municipal 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, and such other information as deemed
necessary by the Clerk. In the case of a spayed or neutered dog, every
application shall be accompanied by a certificate signed by a licensed
veterinarian showing that the dog has been spayed or neutered, provided
that such certificate shall not be required if the same is already
on file with the Clerk. The application shall also be accompanied
by 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.
(4)
Issuance of license. Upon validation by the Clerk, the application
shall become a license for the dog described therein. Once an application
has been validated, no refund of license application fees shall be
made. 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.
(5)
Expiration of license. A license shall be renewed after a period
of two years, beginning with the first day of the month following
the date of issuance. Renewal shall be for a period of two years,
provided that the validation term of the dog's rabies vaccination
is kept current.
(6)
Licenses nontransferable. 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. The original issued identification
tag shall remain the same for the life of the dog.
(7)
No purebred or kennel licenses. The Town shall not issue purebred
or kennel licenses. All dogs shall be licensed individually in accordance
with the fees hereinafter set forth.
(8)
No licensing by shelters. The Town of Poestenkill does not allow
the licensing of dogs by a shelter. The shelter shall refer all dog
owners to the clerk of the town or city in which the dog will be harbored
for licensing. No dog can be adopted out of the Town's animal
shelter without first obtaining a license from said Clerk.
B.
License fees.[1]
(1)
The fee for a dog license for any dog, whether spayed or unspayed, neutered or unneutered, shall be as set forth in Chapter 128, Fees.
(2)
Exemptions.
(a)
Fee exemption for service dogs. While procurement of a license
is required, upon submission of proper documentation there shall be
no fee charged for the license issued for any detection dog, guide
dog, hearing dog, police work dog, service dog, therapy dog, war dog
or working search dog, as such terms are defined herein or by the
Agriculture and Markets Law.
(b)
Fee exemption for senior residents. There shall be no fee charged
for a dog owned by a senior resident. For purpose of this exemption,
a senior resident shall be a resident of the Town who shall have attained
the age of 65 years or more at the time his/her dog is required to
be licensed or an existing license is due for renewal.
(c)
Fee exemption for not-for-profit facilities. There shall be no fee
charged for a dog moved to a not-for-profit facility for purposes
of adoption.
(3)
Where to obtain license. Except for a license obtained from the Dog Control Officer as provided in Subsection A(2) of this section, all dog licenses shall be purchased in person at the Clerk's office or by regular mail. If licensing or renewing a license by mail, the appropriate fee shall accompany the forms. In any event, there shall be no refund of fees.
(4)
Replacement tag fee. The fee for a replacement dog identification tag will be as set forth in Chapter 128, Fees.
(5)
License surcharge. In addition to any other applicable fees, any owner applying for a dog license for a dog identified as unlicensed during an enumeration and any owner who shall have allowed a dog's license to lapse for a period of 31 or more days shall pay an additional fee as set forth in Chapter 128, Fees. Such excess fees may be used by the Town for any lawful purpose.
A.
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, a permanent municipal identification number. Such
identification number shall be carried by the dog on an identification
tag that shall be affixed to a collar on the dog at all times. A dog
participating in a dog show shall be exempt from the identification
requirement during such participation.
B.
The 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 expense at a fee hereinabove prescribed.
D.
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the dog to which that number has
been assigned. Nothing herein shall preclude the affixing of custom
tags in addition to that containing the official identification number
assigned to that dog, provided that any information set forth on such
custom tag does not serve to contradict or confuse the dog's
official identification number.
E.
The identification tag shall be imprinted with the words "Town of
Poestenkill" and "State of New York," a unique identification number,
and the telephone number of the Clerk's office.
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.
A.
Grounds for seizure and impoundment. The Dog Control Officer shall,
or any peace officer may, seize:
(1)
Any unlicensed dog whether on or off the owner's premises;
(2)
Any dog not wearing a tag, not identified and not on the owner's
premises;
(4)
Any licensed dog which is not in the control of its owner or custodian,
if there is reasonable cause to believe the dog is a dangerous dog;
and
(5)
Any dog which poses or reasonably appears to pose an immediate threat
to the public safety.
B.
Seizure, impoundment, shelter and disposition.
(1)
Any dog seized in accordance with the provisions of this chapter
shall be properly sheltered, fed and watered for the applicable redemption
period as hereinafter provided.
(2)
If a dog seized is not wearing an identification tag (license tag),
it shall be held for a period of not less than 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 chapter,
and further provided that the owner pays the impoundment and any other
redemption fees as hereinafter specified.
(3)
If a dog seized is wearing an identification tag (license tag), the
owner shall be promptly notified either in person or by certified
mail. If the owner is notified in person, the dog shall be held for
a period of not less than seven days, and if notified by mail, not
less than nine 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 chapter, and further provided that the owner
pays the impoundment and any other redemption fees as hereinafter
specified.
C.
Prior to releasing a dog to its owner or adopting out a dog, the Dog Control Officer or the Town shelter 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 Poestenkill Town Clerk, to whom all fees due and owing for the shelter and veterinary care shall be paid, together with the seizure and impoundment fees pursuant to Subsection D below and any licensing fees. Whereupon the Town Clerk shall give a receipt to the owner, who shall then deliver it to the Dog Control Officer, at which time such dog may be released to the owner.
D.
The fees
for any seizure and impoundment of each dog in violation of this chapter
are as follows:
(1)
For
the providing of basic shelter services, a daily fee for the first
24 hours of impoundment or portion thereof and for each and every
succeeding twenty-four-hour period or portion thereof in the amount
set forth in the Town's then-current Municipal Dog Shelter Agreement,
a copy of which is on file with the Town Clerk. Information regarding
such fees and/or a copy of said Shelter Agreement may be obtained
from the Town Clerk during normal business hours.
(2)
If
upon redemption any dog receives a rabies vaccination or if during
the period of impoundment the dog has required any veterinary care,
the charge for such vaccination and/or veterinary care shall be added
to the impoundment fees.
E.
If at
the end of the applicable 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 for adoption
or euthanasia.
When acting pursuant to his or her duties, the Dog Control Officer
shall make and maintain a complete record of any seizure and subsequent
disposition of any dog. Such record shall include, but not necessarily
be limited to, a description of the dog, the date and time of seizure,
the municipal identification number of the dog (if any), the location
where seized, the reason for the seizure and the owner's name and
address, if known. A copy of such record shall be provided to the
shelter, which may add thereto any information relative to the disposition
of the dog and provide such record and additional information to the
Clerk.
A.
The Dog Control Officer of the Town of Poestenkill shall, and all
peace officers may, administer and enforce the provisions of this
chapter, and for that purpose shall have the authority to issue appearance
tickets and to seize dogs, either on or off the owner's premises,
if witnessed to be in violation of this chapter.
B.
Penalties for offenses. A violation of this chapter shall be punishable
by a fine of not less than $25 nor more than $50, except that:[1]
(1)
Where
the person is found to have violated this chapter within the preceding
five years, the fine may be not less than $50 nor more than $100;
and
(2)
Where
the person is found to have committed two or more such violations
within the preceding five years, he shall be punishable by a fine
of not less than $100 nor more than $250, or imprisonment for not
more than 15 days, or both such fine and imprisonment.
