The purpose of this article is to establish a local law for
the licensing and identification of dogs. As of January 1, 2011, the
State of New York has relinquished the responsibility of the 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. Additionally, this article will protect the
residents by establishing restrictions on dogs within the Town.
As used in this article, the following terms shall have the
meanings indicated:
CLERK
The Town Clerk, or Deputy Town Clerk, of the Town of Lumberland,
where licenses are to be validated or issued.
CONFINED
Means 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 harm 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.
DANGEROUS DOG
A.
Any dog which:
(1)
Without justification attacks a person, companion animal, farm
animal or domestic animal, and causes physical injury or death; or
(2)
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
(3)
Without justification, attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
B.
Does not include a police work dog, as defined within this article.
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
Any member of the species Canis familiaris.
DOG CONTROL OFFICER
Any person authorized or appointed by the Town to assist
in the enforcement of this article.
GEESE DOG
Any dog that is trained to aid the Dog Control Officer in
the control of geese within the boundaries of the Town.
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 or cat.
HEARING 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 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.
IDENTIFIED DOG
Any dog carrying an identification tag as provided within
this article.
OWNER
Any person who harbors or keeps any dog, cat or other animal.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant
to this article.
PERSON WITH 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.
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.
SERIOUS PHYSICAL INJURY
Physical injury which creates a substantial risk of death
or which causes death or serious or protracted disfigurement, protracted
impairment of health or protracted loss or impairment of the function
of any bodily organ.
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. It 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.
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.
TOWN
The area within the corporate limits of the Town of Lumberland.
WAR DOG
Any dog which has been honorably discharged from the United
States armed services.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons and is actually used for such purposes.