[HISTORY: Adopted by the Town Board of the Town of Kinderhook
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals in park and recreation areas — See Ch. 172.
[Adopted 11-8-2010 by L.L. No. 2-2010]
As used in this article, the following terms shall have the
meanings indicated:
Person having possession or guardianship of any dog who is
not the owner of the dog.
Includes male and female, licensed and unlicensed members
of the species canis familiaris.
Any individual appointed by the Town of Kinderhook to enforce
any and all New York State Agriculture and Markets Laws and local
laws regulating animals, including dogs.
To provide food and/or shelter to any dog.
Tag issued by the Town of Kinderhook which sets forth the
identification number assigned to a specific dog and such other information
as the Town of Kinderhook deems appropriate.
Any dog carrying an identification tag as required by this
article.
The expiration date as noted on the dog license issued by
the Town of Kinderhook.
Any person who harbors or keeps a dog.
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 Kinderhook
shall be held and deemed the owner of such dog for purposes of this
article.
The Clerk of the Town of Kinderhook, where dog licenses are
validated or issued pursuant to this article.
A.
All dogs within the Town of Kinderhook 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 Kinderhook. 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 but shall not be issued to expire after the expiration date
of the rabies vaccination provided by the owner.
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 their licensed dog.
E.
Upon the submission of a dog license application, all required documentation
and payment of the required license fee, a Town of Kinderhook 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 $5.
G.
Any dog harbored within the Town of Kinderhook 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.
The licensing fees for spayed/neutered dogs and unspayed/unneutered
dogs shall be set by resolution of the Kinderhook Town Board. In addition
to the licensing fees, the Town of Kinderhook shall be responsible
for collecting any mandatory fees set by the State of New York.
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 Kinderhook pursuant to
this article.
(7)
Any
owner or custodian of any dog to permit or allow it to:
(a)
Engage
in habitual howling or barking or conduct itself in such manner as
to habitually annoy any person other than the owner or person harboring
such dog.
(b)
Run
at large, unless such dog is restrained by an adequate collar and
leash and accompanied by its owner or a responsible person able to
control the animal. If the accompanying owner is a person incapable
of controlling this animal for any reason, the owner shall be accompanied
by a person capable of exercising such control. For purposes of this
article, a dog or dogs hunting in company with a hunter or hunters
shall be considered as accompanied by their owner.
(c)
Cause
damage or destruction to property or commit a nuisance upon the premises
of a person other than the owner or person harboring such dog.
(d)
Chase
or otherwise harass any person in such manner as reasonably to cause
intimidation or to put such person in reasonable apprehension of bodily
harm or injury.
(e)
Attack,
chase or worry any domestic animals while they are in a place where
they may lawfully be.
(f)
Habitually
chase or bark at motor vehicles.
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 Kinderhook 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
special duties, or police officer in the employ of or under contract
to the Town of Kinderhook 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 Kinderhook may seize any dog in violation of this article
or any other local law of the Town of Kinderhook 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 impoundment fees:
(1)
The costs associated with the shelter, feeding, and care of the dog,
plus an impoundment fee of $10 for the first impoundment of any dog
owned by that person;
(2)
The costs associated with the shelter, feeding, and care of the dog,
plus an impoundment fee of $24 and $3 for each additional 24 hours
or part thereof for the second impoundment, within one year of the
first impoundment, of any dog owned by that person; or
(3)
The costs associated with the shelter, feeding, and care of the dog,
not less than $30 for the first 24 hours or part thereof and $3 for
each additional 24 hours or part thereof, for the third and subsequent
impoundments, within one year of the first impoundment, of any dog
owned by that person.
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 in Subsection D(1) through (3) of this section 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.