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.
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.