This article shall be known as the "Dog Control Ordinance of
the City of Newburgh" and shall apply to the entire City of Newburgh.
It shall be enforceable by bringing an action or prosecution in the
City Court of the City of Newburgh or other court of general jurisdiction.
The City of Newburgh finds that the running at large and other
uncontrolled behavior of dogs have caused physical harm to domestic
animals and persons, damage to property and have created nuisances
within the City. The purpose of this article is to provide for the
licensing and identification of dogs, to control and protect the dog
population and to protect the health, safety and well-being of persons,
property and other animals by imposing restrictions and regulations
upon the keeping or running at large of dogs and the seizure thereof
within the City of Newburgh.
As used in this article, the following terms shall have the
meanings indicated:
AT LARGE
Any dog 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. No dog shall be deemed to be at large if it is a police work
dog or in use for police work or accompanied by its owner or other
responsible person and is actively engaged in hunting or training
for hunting on unposted land or on posted land with the permission
of the owner of the land.
CITY
The City of Newburgh.
CLERK
The City Clerk or Deputy City Clerk of the City of Newburgh,
where licenses are to be validated or issued.
DETECTION DOG
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.
DOG
Both male and female and neutered dogs, and shall include
the singular and plural.
GUIDE DOG
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.
HARBOR
To provide food or shelter to any dog.
HEARING DOG
Any dog that is trained to a person who is hearing impaired
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.
IDENTIFICATION TAG
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
OWNER
Any person, firm, association or corporation owning, harboring,
keeping or otherwise responsible for a dog or dogs, or for property
or premises whereon a dog or dogs are found or kept.
PERSON WITH A DISABILITY
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the New York State Executive Law.
POLICE WORK DOG
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.
SERVICE DOG
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.
THERAPY 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.
WAR DOG
Any dog which has been honorably discharged from the United
States Armed Services.
WORKING DOG
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.
Any person in control of an at-large dog shall remove all fecal
matter left by such dog off the premises of the owner and off of all
City property, including streets, sidewalks, parklands and other property.
Such fecal matter shall be disposed of in a suitable manner in compliance
with the Sanitary Code and other applicable laws, rules and regulations.
No person owning or having in his possession a dog which has
vicious propensities shall allow such dog to go at large at any time
within the City. The owner of the premises on which such a dog is
kept, maintained or housed shall cause to be posted, at each entrance
to the premises, a legible and conspicuous notice as follows: "WARNING:
DANGEROUS DOG." All persons in custody or control of such dog shall
securely restrain such dog, including by the use of a leash, muzzle,
harness, collar and all other means necessary, whenever such dog is
present on any sidewalk, street, park or other public place in the
City.
Any dog or cat which is lawfully in the City's custody and possession or which becomes the legal property of the City may be adopted by any suitable qualified person according to law. No person may adopt a dog from the City without first paying the fee set forth in Chapter
163, Fees, of the City Code of Ordinances and obtaining a license for such dog in accordance with §
150-15 above. Before such dog or cat is adopted, it shall be spayed or neutered. The payment of all costs thereof, and of the costs referenced in §
150-20 above, shall be the obligation of the person adopting such animal. This obligation may be reduced or waived by the City Manager as may be necessary or appropriate in any given case.
Any Animal Control Officer, Code Enforcement Officer or police
officer of the City of Newburgh may enforce the provisions of this
article and may also investigate and report to the City Court any
dangerous dog as described in § 123 of the Agriculture and
Markets Law and may carry out the order or orders of the City Court
Judge in those cases provided for in Article 7 of the Agriculture
and Markets Law and may enforce and carry out the duties outlined
generally in Article 7 of said Agriculture and Markets Law and of
any provision of this article.
No person shall tie, fence or otherwise confine any dog out
of doors unless such dog's owner or a person of suitable age
and responsibility who is capable of controlling the dog and who has
agreed to control the dog is present on the premises during the entire
time said dog is thus tied, fenced or confined.