[Adopted 3-10-1998 by L.L. No. 1-1998;
amended in its entirety 8-12-2013 by L.L. No. 1-2013]
This article shall be known as the "Dog Control Ordinance of
the Town of Highlands" and shall apply to the entire Town of Highlands.
The purpose of this article is to preserve the public peace
and tranquility in the Town of Highlands and to adopt and enforce
certain regulations and restrictions on the activities of dogs and
owners of dogs for the preservation and protection of the property
and the persons and inhabitants of the Town of Highlands.
As used in this article, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
ADOPT
The delivery to any natural person, 18 years of age or older,
for the purpose of harboring a dog, seized or surrendered, from the
Town's animal shelter.
AT LARGE
Any unleashed dog off the premises of the owner and on property
open to the public or 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 "at large" if it is:
A.
A police work dog in use for police work; or
B.
Accompanied by its owner or other responsible person and actively
engaged in hunting or training for hunting on unposted land or on
posted land with the permission of the owner of the land.
CLERK
The Town Clerk, or Deputy Town Clerk, of the Town of Highlands,
where licenses are to be validated or issued.
COMPANION ANIMAL
Any dog or cat, and shall also mean any other domesticated
animal normally maintained as a pet in or near the household of the
owner or person who cares for such other domesticated animal.
DANGEROUS DOG
Includes any dog which has, pursuant to Article 7 of the
New York State Agriculture and Markets Law, been found to be a "dangerous
dog," as such term is defined therein.
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
Both male and female animals belonging to the species canis
familiaris and shall include the singular and plural.
DOG CONTROL OFFICER
A person or persons appointed by the Town of Highlands for
the purposes of enforcing this article and Agricultural 7 of the Agriculture
and Markets Law of New York State.
DOGHOUSE
An enclosed shelter that provides protection from the elements
for a dog.
DOG SHELTER
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
GUARD OR WATCH DOG
Any dog trained or primarily used for the purpose of protection
of people, premises and/or business.
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, shelter or care, including veterinarian
care, to any dog.
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.
LEASHED
Restrained by a leash attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
OWNER
Any person having a right of property in, harboring or keeping
a dog, including both a person in whose name a dog is licensed and
a person who harbors a dog.
PERSON WITH DISABILITY
Any person with a disability as that term is defined in Subdivision
22 of § 292 of the New York State Executive Law.
POLICE WORK DOG
Any dog owned 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.
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.
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 Town of Highlands.
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; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
It shall be a violation of this article for any owner of any
dog to permit or allow such dog to:
A. Run at large in any public street, public park or public place unless
restrained by a chain or leash not exceeding six feet in length and
in charge and under the control of a responsible person, or to be
present on private property other than the owner's premises,
whether restrained by a chain or leash. Any dog found running at large
off the owner's premises shall be seized by the Dog Control Officer.
Proof that a dog has been in a public street, public park or public
street unleashed will be prima facie evidence of a violation of this
article by the person owning or harboring said dog. Any dog restrained
by a chain or a leash not in control of a person shall be restrained
by said leash or chain so as to not go nearer than 15 feet from any
perimeter property line of the owner. Any dog not so restrained on
the owner's premises or found off the owner's premises shall
be subject to seizure by the Animal Control Officer.
B. Engage in loud howling, barking, whining or cause disturbing noises
or to conduct itself in such a manner as to annoy any person other
than the owner of the dog. In the event that the barking or disturbing
noise continues for a period of 15 minutes in a continuous or substantially
continuous manner, the owner of the dog or the individual harboring
said dog shall be subject to a fine or penalty as hereinafter set
forth.
C. Cause damage or destruction to property of a person other than the
owner of such dog or commit a nuisance by defecating or urinating
upon the premises of a person other than the owner of the dog.
D. Bite, chase, jump upon or otherwise harass any person in such a manner
as to cause intimidation, whether restrained by a leash or otherwise
or to put such a person in reasonable apprehension of bodily harm
or injury.
E. Chase, run alongside of, bark at, or otherwise harass motor vehicles,
motorcycles, bicycles or pedestrians.
F. Kill or injure any companion animal.
G. Be over six months of age and not vaccinated against the rabies virus.
H. Any other violation of this Chapter
72 of the Town Code.
I. Any violation of Article 7 of the Ag and Markets Law.
Persons or corporations owning a guard or watch dog must post
on all gates and entrances to the property and post in other conspicuous
places signs which specifically state that there is a guard or watch
dog on the premises.
Any person owning a dog that has been found to be a dangerous
dog under Article 7 of the Ag and Markets Law shall adhere to the
restrictions and conditions set forth in this section unless other
restrictions and conditions are ordered by the Town Court. Failure
to adhere to these restrictions and conditions, or such differing
restrictions and conditions ordered by the Town Court, will result
in said dog being seized whether on or off the owner's property
and humanely euthanized and buried by a local veterinarian at the
owner's expense.
A. A dangerous dog, when outside of the owner's dwelling, shall
be securely confined within an enclosed structure no smaller than
six feet by six feet by 12 feet. Said structure will be enclosed on
four sides and top. The floor area of said enclosure shall be concrete
or other type of material so as to prevent the dog from escaping by
digging out, etc. The door, gate or other means of entry or egress
shall be provided with a lock or other device which cannot be opened
by the dog. In addition to preventing the dog from escaping, the enclosure
must prevent children or adults, other than the owner of said dog,
from gaining entry.
B. The premises in which the dangerous dog is confined or housed shall
be posted (tagged) with a conspicuous notice(s) or sign(s) using the
words "Beware of Dog" that warns the public of the nature of the dog
which is confined. Where applicable, the sign shall be displayed on
the front and rear of the property and at a side gate(s) or entrance(s).
A similar sign should be posted or adjacent to the front door. The
lettering of posted sign(s) should be at least two inches in height.
C. A dangerous dog, when outside the owner's dwelling or the enclosed
structure provided for in this section, shall be led by a chain or
leash not exceeding six feet in length and under the control of a
responsible adult capable of controlling said dog.
D. A dangerous dog shall be muzzled when off the owner's property.
E. The owner of a dangerous dog shall enroll said dog in an obedience
course. The dog must complete such course within 30 days of the court's
order finding said dog to be dangerous. A certificate shall be presented
to the Town of Highlands Dog Control Department upon completion of
said obedience course.
F. The owner of a dangerous dog shall notify the Town of Highlands Dog
Control Department immediately in the event that said dog escapes,
attacks another animal and/or human, dies, is transferred to another
owner or has a change of address.
G. A dangerous dog shall be spayed or neutered within 30 days of the
court's order, and proof of the same must be presented to the
Town of Highlands Dog Control Department.
H. Where the restrictions and conditions set forth in this section differ
from those established in an order of the Town Court, the restrictions
and conditions set forth in such order shall control.
All civil penalties and fines imposed, and all fees and costs,
including redemption fees, boarding expenses, veterinarian fees, charges
for humane euthanasia or burial, incurred by the Town, pursuant to
this article, shall be listed in a notice(s) served on the owner and
setting forth a deadline within which such listed charges must be
paid by such owner. Said notice(s) shall further advise that, should
the owner fail to make payment within the established deadline, said
amount may be assessed and levied against the owner's premises,
and the expense so assessed shall constitute a lien and charge on
the premises on which it is levied until paid or otherwise satisfied
or discharged and shall be collected in the same manner as a real
property tax.
Any person who observes a dog in violation of this article may
file a complaint under oath with the Town Dog Control Department 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 and Article 7 of the Ag and Markets Law.
[Adopted 3-13-1990; amended in its entirety 12-20-2010 by L.L. No. 4-2010]
The purpose of this article is to provide for the licensing
and identification of dogs. Effective January 1, 2011, the State of
New York has relinquished the responsibility of dog licensing function
to local municipalities and eliminated the Animal Population Control
Fund.