The purpose of this chapter is to protect the health, safety
and well-being of persons and property by imposing restrictions and
regulations upon keeping or running at large of dogs and the seizure
thereof within the Town.
This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law and the New York Agriculture and Markets Law, as amended by Part T of Chapter 59 of the Laws of 2010, and § 122, "local laws or ordinances," of the Agriculture and Markets Law of the State of New York.
Title. The title of this chapter shall be "Dog Control Town
Law of the Town of Lenox."
As used in this chapter, The following terms shall have the
meanings indicated:
The delivery to any individual 18 years of age or older,
for purpose of harboring a pet, of any unredeemed dog impounded pursuant
to the provisions of this chapter and Article 7 of the Agriculture
and Markets Law.
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless verified permission for such presence has been obtained.
No dog shall be deemed to be at large, if it is:
Accompanied by and under the immediate supervision and control
of the owner or other responsible person;
A police work dog in use for police work; or
Accompanied by its owner or other responsible person and is
actively engaged in hunting or training for hunting on unposted land
or on posted land with the permission of the owner of the land.
Any member of the species canis familiaris.
Any individual appointed by a municipality to assist in the
enforcement of this chapter and Article 7 of the Agriculture and Markets
Law or any authorized officer, agent or employee of an incorporated
humane society or similar incorporated dog protection association
under contract with a municipality to assist in the enforcement of
this chapter and Article 7 of the Agriculture and Markets Law of the
State of New York.
To bring about death by a humane method.
To provide food or shelter to any dog.
Any dog carrying an identification tag as provided in § 109
of Article 7 of the Agriculture and Markets Law relating to licensing,
identification and control of dogs.
Any person who harbors or keeps any dog. In the event any
dog found in violation of the chapter shall be owned by a person under
18 years of age, the owner shall be deemed to be the parent, guardian
of such person or the head of the household in which said person resides,
all as defined in Article 7 of the Agriculture and Markets Law.
It shall be unlawful for any owner of any dog to permit or allow
such dog, in the Town of Lenox, to:
A.
Be at large;
B.
Engage in habitual loud howling, barking, crying or whining or to
conduct itself in such a manner so as to unreasonably and habitually
annoy any person;
C.
Cause damage or destruction to property or commit a nuisance by defecating
or urinating upon the premises of a person, other than the owner of
such dog;
D.
Bite, chase, jump upon or otherwise harass any person in such a manner
as reasonably to cause intimidation or fear to put such person in
reasonable apprehension of bodily harm or injury;
E.
Habitually chase, run alongside of or bark at motor vehicles or bicycles;
F.
Uproot, dig, or otherwise damage any vegetables, lawns, flowers,
garden beds, or other property without the consent or approval of
the owner thereof;
G.
If a female dog, when in heat, be off the owner's premises unrestrained
by a leash;
H.
Kill or injure any dog, cat or other household pet or farm animal;
or
I.
Be unlicensed when four months of age or older.
In any enforcement proceeding hereunder, it shall be presumed
that an unleashed dog on the premises of one other than its owner
is there without consent of the owner of such premises, unless the
owner of the dog proves such consent.
Each dog seized in accordance with the provisions of Article
7 of the Agriculture and Markets Law or the provisions of this chapter
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided. Each dog which is not identified, whether
licensed or not, shall be held for a period of five business days
from the day seized, during which period the dog may be redeemed by
its owner, provided that such owner produces proof that the dog has
been licensed and has been identified pursuant to the provisions of
the Agriculture and Markets Law, and further provided that the owner
first pays the following impoundment fees to the Town Clerk:
A.
The impoundment fee for seizure and impoundment of dogs in violation
of this chapter or the laws of the New York State Department of Agriculture
and Markets Law are as follows:
Promptly upon the seizure of any identified dog, the owner of
such dog shall be notified personally or by certified mail, return
receipt requested, of the facts of the seizure and the procedure for
redemption. If notification is personally given, each dog shall be
held for a period of seven days after the day of notice. If such notification
is made by mail, such dog shall be held for a period of nine days
from the date of mailing, during which period the dog may be redeemed
by the owner. In either case, the owner may redeem such dog upon payment
to the Town Clerk of the impoundment fees herein prescribed and by
producing proof that the dog has been licensed.
An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period.
A.
Any dog unredeemed at the expiration for the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provisions of § 112 of the Agriculture and Markets
Law.
B.
The Town of Lenox shall charge $10 for adoption of a dog, and such
fee shall be payable to the Town Clerk.
C.
Any adopted dog must be spayed or neutered before release from a
shelter or pound or within six months thereafter.
The Dog Control Officer or municipal shelter may accept for
adoption and/or dispose of unwanted owned dogs, solely upon compliance
with the following conditions and requirements for such service:
A.
The owner authorizes a dispensation with the usual redemption provisions
when the owner turns in an unwanted unlicensed dog.
B.
Require that the owner execute a consent and/or affidavit in a form
prescribed by the Town of Lenox agreeing to disposition and absolving
the Dog Control Officer, municipal shelter and Town of Lenox of all
liability.
C.
An adoptable dog shall be held for a maximum of five business days
before being humanely euthanized.
D.
Authorizes the Dog Control Officer or municipal shelter to discontinue
the service at such times when accepting such dogs would create a
condition whereby seized dogs could not be properly sheltered and
cared for.
E.
The fee to be charged for the service is $5.
F.
In the case of identified dogs.
(1)
This is a transfer of ownership of an identified dog.
(2)
The instructions set forth on the back of owner's dog license must
be followed.
(3)
The top half of the owner's copy of the license must be completed,
showing the municipality as the owner, the date of transfer and the
signature of the owner of record. It should be given to the Dog Control
Officer or municipal shelter together with the dog's ID tag.
(4)
The bottom half of the owner's copy of the license must be completed
by the original owner showing the transfer of ownership to the municipality
within 10 days of the date of transfer.
(5)
If the surrendered dog is later adopted, this is considered to be
a transfer of ownership. The Dog Control Officer or municipal shelter
should give the new owner the top half of the original license and
the tag, together with proof that the dog has been adopted. The Dog
Control Officer and municipal shelter should keep a supply of blank
dog license forms on hand and use the license change and transfer
report on the back of the owner's copy to notify the municipality
of the change of ownership.
(6)
If the surrendered dog is euthanized, the Dog Control Officer or
the municipal shelter should complete a license change and transfer
report showing that the dog has been euthanized and the date that
the dog was euthanized and mail it to the municipality, together with
the dog's ID tag, within 10 days.
Any person convicted of a violation of any provision of this chapter and/or § 118 and/or any other section of Article 7 of the Agriculture and Markets Law shall be punishable in accordance to § 38-2 of this chapter.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
This chapter shall supersede all prior local laws, ordinances,
rules and regulations relative to the control of dogs within the Town
of Lenox and relative to fees for licensing dogs within the Town of
Lenox, and they shall be, upon the effectiveness of this chapter,
null and void.
This chapter shall take effect January 1, 2011, and will be
filed with the New York State Secretary of State.
