[Adopted 12-13-1979 by L.L. No. 1-1979]
The Town Board of the Town of Lumberland finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons, 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 imposing restrictions on the keeping and running at large of dogs within the Town.
This article 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 title of this article shall be "Dog Control Law of the Town of Lumberland."
As used in this article, the following words shall have the following respective meanings:
ANIMAL CONTROL OFFICER
A dog control officer on or after January 1, 1980.
[Amended 1-8-2014 by L.L. No. 1-2014]
DOG
Male and female, licensed and unlicensed, members of the species Canis familiaris.
OWNER
Person entitled to claim lawful custody and possession of a dog and 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 Animal 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 any time owns or has custody or control of, harbors, or is otherwise responsible for any dog which is kept, brought 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 article shall be held and deemed to be the owner of such dog for the purpose of this article. In the event 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 and violation of this article.
RUN AT LARGE
To be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands.
TOWN
The Town of Lumberland.
It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:
A. 
Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person and under the full control or such owner or person. For the purpose of the article, a dog or dogs hunting in company of a hunter or hunters shall be considered as accompanied by its owner.
B. 
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog. "Habitual" means a dog barking, whining, etc., for repeated intervals of at least 10 minutes with fewer than two minutes of interruption, which can be heard by any person, including a law enforcement officer or dog control officer, from a location outside of the owner's or caretaker's premises.
[Amended 1-8-2014 by L.L. No. 1-2014]
C. 
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds, or other property without the consent or approval of the owner thereof.
D. 
Chase, jump upon or at, or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
E. 
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.
F. 
Create a nuisance by defecating, urinating or digging on public property or on private property without the consent or approval of the owner of such property.
G. 
If a female dog when in heat, be off the owner's premises unrestrained by a leash.
The fee for seizure and impoundment of dogs in violation of Article 7 of the Agriculture and Markets Law and of § 100-5A of this article are as follows:
A. 
The Animal Control Officer or any peace officer shall seize; 1) any unlicensed dog whether on or off the owner's premises; 2) any dog not wearing a tag and, after January 1, 1980, not identified, and which is not on the owner's premises; and 3) any dog found in violation of § 100-5A of this article. Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law. The Animal Control Officer or peace officer may also investigate and report to a Town Justice of the Town any dangerous dog as described in Article 7 of the Agriculture and Markets Law and see that the order of the Town Justice in such case is carried out.
B. 
The Animal Control Officer or a peace officer observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation.
C. 
Any person who observes a dog in violation of this article may file a complaint under oath with a Town Justice of the Town 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 such dog. Such complaint may serve as the basis for enforcing the provisions of this article.
Any person convicted of a violation of this article shall be liable to a civil penalty not exceeding $25 for a first violation, not exceeding $50 for a second violation, and not exceeding $75 for each subsequent violation.
[Added 4-29-1982 by L.L. No. 1-1982]
A. 
The Town may enter into a contract with a humane society to house seized dogs; notice shall be posted on the Town bulletin board that seized dogs will be taken to that humane society, which notice shall list the address thereof. Any dogs so seized shall forthwith be delivered to the humane society, which shall hold the dog for a period of no less than three days and up to 30 days. 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. At the end of the redemption period, the humane society shall be at liberty to dispose of the seized dog by adoption or otherwise in accordance with Agriculture and Markets Law § 374.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
An unclaimed animal may be adopted from the humane society, provided only that the dog is spayed or neutered at the expense of the prospective owner.