This chapter shall be referred to as "Local Law No. 3 of the
Year 2010, A Local Law Establishing Dog Control Regulations for the
Town of Schroeppel, New York."
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.
The purpose and intent of this chapter shall be to preserve
the public peace and good order in the Town of Schroeppel and to contribute
to the public welfare and preservation and protection of the property
and the person of the inhabitants of the Town of Schroeppel by declaring
and enforcing certain regulations and restrictions on activities of
all dogs and owners of dogs within the Town of Schroeppel.
As used in this chapter, the following words shall have the
following respective meanings:
CLERK
The Clerk of the Town where the licenses are validated or
issued.
CONFINED
That such animal is securely confined or restrained and 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 arranged so that the animal
cannot reach or endanger any person or any adjacent premises or on
any public street, way or place, or, if the animal is being transported
by the owner, it is securely confined in a crate, or other container,
or so restrained in a vehicle that it cannot be expected to escape
therefrom.
DANGEROUS DOG
A canine or canine crossbreed that has bitten, attacked,
or inflicted injury on a person or companion animal that is a dog
or cat, or other domestic animal as defined in § 121 of
the Agriculture and Markets Law of the State of New York or killed a companion animal that is a dog or cat. When
a dog attacks or bites a companion animal that is a dog or cat, or
other domestic animal as defined in § 121 of the Agriculture
and Markets Law of the State of New York, the attacking or biting
dog shall not be deemed dangerous if no serious physical injury as
determined by a licensed veterinarian has occurred to the dog or cat,
or other domestic animal as defined in § 121 of the Agriculture
and Markets Law of the State of New York, as a result of the attack or bite; if both animals are
owned by the same person; if such attack occurs on the property of
the attacking or biting dog's owner or custodian; or for other
good cause as determined by the court. No dog shall be found to be
a dangerous dog as a result of biting, attacking, or inflicting injury
on a dog or cat while engaging with an owner or custodian as part
of lawful hunting or participating in an organized, lawful dog handling
event. No dog that has bitten, attacked, or inflicted injury on a
person shall be found to be a dangerous dog if the court determines,
based on the totality of the evidence before it, that the dog is not
dangerous or a threat to the community.
DOG
Male or female, licensed and unlicensed, spayed or unspayed,
neutered or unneutered, members of the species Canis familiaris.
DOG CONTROL OFFICER
Any person authorized by the Town Board to enforce the provisions
of this chapter.
DOMESTIC ANIMAL
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer, whitetail deer which is raised under license from the Department
of Environmental Conservation, 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 State Department
of Environmental Conservation before release from captivity, except
that the varieties of fowl commonly used for cock fights shall not
be considered domestic animals for the purposes of this chapter.
HARBOR
To provide food and/or shelter to any dog.
IDENTIFICATION TAGS
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
OWNER
The party purchasing the license unless dog is or has been
lost, and such loss reported to the Dog Control Officer and reasonable
search has been made. If an animal is not licensed, the term of "owner"
shall designate and cover any person or persons, firm, association
or corporation, who or which at any time owns or has custody or control
of, harbors, or is otherwise responsible for any animal which is kept,
brought or comes within the Town of Schroeppel. 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 the owner of such dog for the purpose of this chapter.
In the event any dog found to be in violation of this chapter shall
be owned by a minor, the legal guardian or 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
and violation of this chapter.
PRIVATE PROPERTY
Any real property owned or leased by an owner of a dog upon
which the dog is harbored.
RECREATIONAL AREAS
Any real property owned by the Town of Schroeppel that is
used for recreational purposes by the public, including, but not limited
to, parks or playgrounds.
RESTRAINT
A dog is under restraint if it is controlled by a leash or
is in the presence of a competent person not less than 14 years of
age and obedient to that person's commands or is within a vehicle
being driven or parked on the street or within the property limit
of its owner or keeper, or upon the premises of another with the consent
of such other person.
RUN AT LARGE
To be in a public place, including, but not limited to, parks,
roadways, highways, walkways, pathways and sidewalks, or on private
lands without the knowledge, consent and approval of the owner of
such lands without restraint.
SCHOOL PREMISES
Any real property situate within the Town of Schroeppel that
is used for educational purposes or purposes incidental thereto.
TOWN
Town shall designate the area within the corporate limits
of the Town of Schroeppel.
VICIOUS DOG
A canine or canine crossbreed that has:
B.
Inflicted serious injury to a person, including multiple bites,
serious disfigurement, serious impairment of health, or serious impairment
of a bodily function; or
C.
Continued to exhibit the behavior that resulted in a previous
finding by a court or, on or before July 1, 2006, by a Dog Control
Officer as authorized by local law, that it is a dangerous dog, provided
that its owner has been given notice of that finding.
This chapter shall be enforced by any Dog Control Officer, police
officer or peace officer when acting pursuant to his special duties.
In the event that the Dog Control Officer or a law enforcement
officer has probable cause to believe that a dog is dangerous, the
Dog Control Officer or law enforcement officer may proceed under Article
7 of the Agriculture and Markets Law of the State of New York for
a determination by the Justice Court of the Town of Schroeppel. If
the Court shall find such dog to be a dangerous dog under the Agriculture
and Markets Law or under this chapter, the Court may impose such restrictions
on said dog as are provided for in the Agriculture and Markets Law
or as are provided in this law.
Any Dog Control Officer when acting pursuant to his special
duties, or police officer in the employ of or under contract to the
Town of Schroeppel observing, or having knowledge of, a violation
of this chapter shall issue and serve an appearance ticket for such
violation.