[HISTORY: Adopted by the Town Board of the Town of Deerpark 10-18-2010 by L.L. No.
7-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former Ch. 99,
Animals, consisting of Art. I, Dog Control, adopted 12-18-2000 by
L.L. No. 13-2000, as amended.
A.
The Town Board of the Town of Deerpark finds that the running at
large and other uncontrolled behavior of licensed and unlicensed dogs
have caused physical harm to persons and damage to property and have
created nuisances within the Town. The purpose of this article is
to protect the health, safety and well-being of persons and property
by establishing for the licensing and identification of dogs and imposing
restrictions on the keeping and running at large of dogs within the
Town.
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 and eliminated the Animal Population Control
Fund. Local municipalities will now be required to adopt legislation
relating to this issue.
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, or any
cat from the Town's animal 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 individual appointed by the Town Board to assist in the
enforcement of this chapter.
The Town Clerk, or Deputy Town Clerk, of the Town of Deerpark,
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.
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 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 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 or cat.
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 purpose.
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
Any person who harbors or keeps any dog, cat or other animal.
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.
Any real property owned by the Town of Deerpark 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 area within the corporate limits of the Town of Deerpark.
Any dog which has been honorably discharged from the United
States Armed Services.En
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 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
for a minimum of one year and shall not exceed three years, 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 listed below
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 that 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 or ownership
of any dog, the new owner shall immediately make application for a
license for such dog.
B.
Purebred licenses. There will not be distinct purebred licenses as previously provided for by the state. Any and all existing purebred licenses will now be required to comply with § 99-3 of this chapter.
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 of $5. 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, such excess fees
may be used by the Town for any other lawful purpose.
A.
For each spayed or neutered dog: $6.
B.
For each unspayed or unneutered dog: $16, per dog.
C.
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.
D.
Fees may be changed from time to time pursuant to the Town Code and
existing local law. License fees may also change based upon state
surcharge payments.
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 dogs at all time.
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.
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 Deerpark,"
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 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
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.
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 § 99-7A of this article. A violation of this section shall be punishable as follows:
(1)
A fine of not more than $50, except that:
(a)
Where the person was found to have previously violated this
section once within the preceding five years, the fine shall be not
be more than $100; 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 more than $200.
If any clause, sentence, paragraph, section or part of this
chapter 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 chapter shall take effect immediately upon filing with
the Secretary of State in Albany.
This article shall be entitled "Dog Control Law of the Town
of Deerpark, Orange County, New York."
The Town of Deerpark Town Board finds that the running at large
and other uncontrolled behavior of dogs has caused physical harm and
mental disturbance to persons and damage to property and has 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 keeping and running at large by dogs within the
Town.
This article is enacted pursuant to the provisions of § 124
of Article 7 of the Agriculture and Markets Law of the State of New
York.
A.
ADOPTION
AGRICULTURE AND MARKETS LAW
CLERK
COMMISSIONER
DOG
DOG CONTROL OFFICER
EUTHANIZE
GUIDE DOG
HARBOR
HEARING DOG
IDENTIFICATION TAG
IDENTIFIED DOG
OFFICIAL IDENTIFICATION NUMBER
OWNER
OWNER OF RECORD
PERSON
PERSON WITH A DISABILITY
POLICE WORK DOG
SERVICE DOG
TOWN
WAR DOG
WORKING SEARCH DOG
As used in this article, the following words shall have the following
respective meanings:
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog, seized or
surrendered.
The Agriculture and Markets Law of the State of New York,
in effect as of the effective date of this article and as amended
thereafter.
The Town Clerk of the Town of Deerpark where licenses are
issued or validated.
The State Commissioner of Agriculture and Markets.
Any member of the species canis familiaris.
Any person authorized by the Town Board to enforce the provisions
of this article or the provisions of the Agriculture and Markets Law,
including but not limited to Dog Control Officer, police officer and
Building Inspector.
To bring about death by a humane method.
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 during the period
such dog is being trained or bred for such purpose.
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 during the period such dog
is being trained or bred for such purpose.
Any tag which sets forth an official identification number
as required by the Agriculture and Markets Law.
Any dog carrying an identification tag as provided in the
Agriculture and Markets Law.
A series or combination of letters, numbers or symbols approved
and furnished by the Commissioner.
Any person who harbors or keeps any dog.
The person in whose name any dog was last licensed pursuant
to the Agriculture and Markets Law, 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.
If it cannot be determined in whose name any dog was last licensed
or if the owner of record has filed a statement pursuant to the provisions
of § 113 of the Agriculture and Markets Law,[1] the owner shall be deemed to be the owner of record of
such dog, except that if the owner is under 18 years of age, the owner
shall be deemed to be the parent or guardian of such person.
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
Any person with a physical impairment which is permanent
and severely limits such person's mobility, or a person who is
unable to ambulate without the aid of a wheelchair or other prosthetic
device.
Any dog owned or harbored by any state or 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.
Any dog that is trained to aid a person with a disability
and is actually used for such purpose, or any dog owned by a recognized
training center located within the state during the period such dog
is being trained or bred for such purpose.
Town of Deerpark, a municipal subdivision of the State of
New York, Orange County.
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 purpose.
[1]
Editor's Note: See now § 112, Change of ownership;
lost or stolen dog; of the Agriculture and Markets Law.
B.
"Shall" is mandatory; "may" is permissive.
It shall be unlawful for any person to own or harbor a dog which
habitually barks between the hours of 7:00 a.m. and 9:00 p.m. for
more than one hour or for a period of less than one hour, but more
than 1/2 hour, when said period occurs on two consecutive days. Between
9:00 p.m. and 7:00 a.m., barking for more than 1/2 hour or for a period
of less than 1/2 hour but more than 1/4 hour when said period occurs
on two consecutive days is unlawful. Such behavior shall be deemed
to cause the annoyance and discomfort of persons in the Town of Deerpark.
(See the 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 § 99-14 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 Deerpark, 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 § 99-14 of this article shall be deemed guilty of a violation and shall be liable for a fine of not less than $100 nor more than $200 or imprisonment for not more than 15 days, or both such fine and imprisonment.
It shall be unlawful within the Town of Deerpark 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 private 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, tracking; a police work
dog; a service dog; or a working search dog, 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.
(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.
F.
To allow excess feces to accumulate on the owner's property.
G.
To allow a female dog to be off the owner's premises when in
heat.
Any person found to be in violation of § 99-17 of this article shall, upon conviction, be deemed guilty of a violation and shall be liable for a fine of not less than $100 nor more than $200 or imprisonment for not more than 15 days, or both such fine and imprisonment, except violations of § 99-17E(1) shall be subject to a fine of not less than $50 nor more than $100.
This article shall be enforced by the Dog Control Officer of the Town of Deerpark, as defined in § 99-13 of this article.
D.
If the dog is to be redeemed, the owner, upon redemption, shall pay
the Town Clerk a fee as follows:
(1)
Impoundment: flat fee of $50 plus $5 per day.
(2)
When an owner is identifiable, if a dog is captured while running
at large and returned to the dog owner: civil penalty of $25.
(3)
Dogs turned over to the Humane Society for euthanasia and adoption
or unclaimed must be neutered or spayed when adopted from the Humane
Society, at the expense of those adopting the animal.
F.
No action shall be maintained against the Town, Dog Control Officer,
peace officer, when acting pursuant to his 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.
G.
Any Dog Control Officer or peace officer, when acting pursuant to
his special duties, observing a violation of this article in his presence
may issue and serve an appearance ticket for such violation.
H.
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.
I.
In the event that the dog seized does not bear a license tag and
the owner is unknown, the Humane Society 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.
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 Humane Society, to humanely destroy 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 maintainable thereafter to recover the value of the animal
or any other type of damage whatsoever.
