The Town of Hartford finds that the running at large and other
uncontrolled behavior of dogs has caused physical harm to persons,
damage to property and created nuisances within the Town. The purpose
of this chapter is to protect the health, safety and well-being of
persons and property by imposing restrictions and regulations upon
the keeping or running at large of dogs and the seizure thereof within
the Town.
This chapter is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law, as amended by Chapter 59, Part
T, of the Laws of 2010, and the Municipal Home Rule Law.
The title of this chapter shall be "Dog Control Local Law of
the Town of Hartford."
As used in this chapter, the following terms shall have the
meanings indicated:
AT LARGE
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 permission for such presence has been obtained. No dog
shall be deemed to be "at large" if it is: (a) accompanied by and
under the immediate supervision and control of the owner or other
responsible person; (b) a police work dog in use for police work;
or (c) 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.
DANGEROUS DOG
Any dog that conducts itself so as to cause bodily harm and
injury or to put any person in reasonable apprehension of such bodily
harm and injury, or any dog which attacks, chases or worries any domestic,
farm or companion animal, as defined in § 108 of the Agriculture
and Markets Law.
DOG CONTROL OFFICER
Any person authorized by the Town Board of the Town of Hartford
from time to time to enforce the provisions of this chapter or the
provisions of the Agriculture and Markets Law.
HARBOR
To provide food or shelter to any dog.
LEASHED or RESTRAINED BY A LEASH
A dog that is equipped with a collar of sufficient strength
attached to a leash not more than 15 feet long, which leash shall
be held by a person having sufficient ability to control and restrain
the dog by means of a collar and leash.
OWNER
Any person who harbors or keeps any dog or has the care,
custody or control of any dog or any person who licensed the dog.
In the event any dog found in violation of this chapter shall be owned
by a person under 18 years of age, the owner shall be deemed to be
the parent or guardian of such person (or the head of the household
in which said person resides). The term "owner" shall also include
any corporation, association or entity that harbors or keeps or has
the care, custody or control of any dog in the Town.
POLICE WORK DOG
A dog under the care and control of any law enforcement agency
and used primarily for law enforcement investigations and related
work. The provisions of this chapter shall not apply to any police
work dog.
SERVICE DOG
Any dog that is trained to aid a person with a disability
and is actually used for this purpose, otherwise known as a "guide
dog."
It shall be unlawful for any owner of any dog to permit or allow
such dog, in the Town of Hartford, to:
B. Cause damage or destruction to property or commit a nuisance by defecating
or urinating or scavenging through refuse upon the premises of a person,
other than the owner of such dog, unless the owner of said premises
has given permission therefor;
C. Chase, jump on or at or otherwise harass any person in such a manner
as would reasonably cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury;
D. Habitually chase, run alongside of motor vehicles or bicycles; or
E. Attack, chase or worry any domestic, farm and/or companion animal,
as defined in § 108 of the Agriculture and Markets Law;
F. Habitually chase 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;
G. Be off the premises of the owner unless restrained by a leash to
be held by a person of sufficient strength and ability to adequately
restrain the dog. Such dog may be unleashed while off the owner's
or harborer's premises only on such occasions as when such dog is
on the private premises of another with the knowledge, consent and
approval of such person; or
H. To continually bark or howl, which barking and/or howling is audible
beyond the property line of the premises on which the dog is located:
1) for more than five minutes between the hours of 10:00 p.m. and
8:00 a.m.; or 2) for more than 15 minutes between the hours of 8:00
a.m. and 10:00 p.m.; or 3) for a shorter duration than cited above,
but on more than five occasions within a given ten-day period if attested
to by complainants from two or more separate properties. It shall
be a defense to such violation if the owner of the dog proves by a
preponderance of the evidence that the only reason the dog was howling
or barking was that the dog was being provoked by a person or was
otherwise being incited or was acting as a guide dog, hearing dog,
service dog or police work dog. In order to abate the nuisance created
by a dog howling or barking in violation of this chapter, the Dog
Control Officer may enter the yard and may seize any such dog from
the yard where the violation is occurring if the Dog Control Officer
is unable to contact the owner or if the owner is unable or unwilling
to take action to stop the howling or barking.
Procedures relating to dangerous dogs shall be in accordance
with the relevant provisions of the Agriculture and Markets Law.
A. In the event of a complaint of an attack upon a person or of an attack,
chase or worrying of a domestic, farm or companion animal, the Court
shall immediately determine if there is probable cause to believe
that the dog is a dangerous dog and, upon so finding, shall order
the Dog Control Officer or law enforcement officer to immediately
seize the dog pending a judicial hearing conducted in accordance with
Agriculture and Markets Law.
B. If satisfied that said dog is a dangerous dog, the Court may order
the Dog Control Officer or law enforcement officer to take any action
consistent with the provisions of the Agriculture and Markets Law,
including the destruction of the dog, or take any other action prescribed
herein. In the event that any person is bitten or scratched by said
dog, the Court shall order the dog tested for rabies or quarantined
for a period of 10 days. The rabies testing and/or quarantine shall
be at the owner's expense.
C. In the event that the Court does not order the dog destroyed and
determines that said dog is a dangerous dog within the meaning of
the Agriculture and Markets Law, the owner of the dog may be required
by the Court to:
(1) Maintain liability insurance, which insurance must specifically cover
damage or injury to persons or property which may be caused by a dangerous
dog;
(2) Muzzle the dog when in all public places; and
(3) Post the property where the dog is located with a notice of "Dangerous
Dog."
D. Upon default of any of the conditions of a Court order, said dangerous
dog shall be dealt with in accordance with the law and without the
need for further process of the Court.
It shall be the responsibility of the Dog Control Officer to
maintain accurate records and to complete and submit the following
records to the Town Supervisor and Town Board of the Town of Hartford
on a monthly basis:
A. A listing of all complaints, including the name, address and phone
numbers of each complainant and the type of complaint and the resolution
of each complaint.
B. A separate log of each official action taken in each case.
C. The number of dogs impounded.
D. The number of dogs redeemed by their owner.
E. A list of all expenditures incurred by the Dog Control Officer.
F. The gross receipts collected by the Dog Control Officer.