[HISTORY: Adopted by the Town Board of the Town of North
Castle 7-19-1990 by L.L. No. 5-1990 (Ch. 92 of the 1987 Code); amended in its entirety 11-18-2015 by L.L. No. 9-2015. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Dog Control
Law of the Town of North Castle."
A.
In addition to other provisions of the laws of the State of New York,
in accordance with provisions of § 124 of the Agriculture
and Markets Law and § 130 of the Town Law of the State of
New York, this chapter shall be effective within the limits of the
Town of North Castle. This chapter shall not apply to dogs exempt
from the provisions of Article 7 of the Agriculture and Markets Law
or to dogs exempted by provisions of Article 4 of the Conservation
Law, where applicable.
B.
The purpose of this chapter to provide for the licensing and identification
of dogs, the control and protection of the dog population and the
protection of persons, property and domestic animals from dog attack
and damage.
As used in this chapter, the following words shall have the
following respective meanings:
The person or persons designated by the Town of North Castle
to enforce this chapter.
A dog is at large when off the property of its harborer,
owner or owner of record, and not under restraint.
Any of the following animals: rabbits, cattle, horses, ponies,
mules, donkeys, jackasses, llamas, swine, sheep, goats, dogs, cats
and poultry.
To provide food or shelter to any dog.
A person who, for the owner or owner of record, walks or
provides food or shelter to any dog.
A dog that:
Damages, soils, defiles or defecates on (unless such waste is
immediately removed and properly disposed of by the dog's harborer,
owner or owner of record) any property other than that of its walker,
owner, owner of record or person harboring the dog; or
Causes unsanitary, dangerous or offensive conditions; or
Causes a disturbance by excessive barking or other noise making;
or
Chases, molests, attacks or interferes with vehicles, persons
or other domestic animals on any property other than that of its walker,
harborer, owner or owner of record.
A person having the right of property or custody of a dog,
or who keeps or harbors a dog, or who knowingly permits a dog to remain
on or about any premises occupied by that person. The owner need not
be a resident of the Town of North Castle, but for a violation to
occur the dog must be within the Town limits of the Town of North
Castle.
A person in whose name a dog was last licensed, except that,
if any license is issued on application of a person under 18 years
of age, the owner of record shall be deemed to be the parent or guardian
of such person. If it cannot be determined in whose name a dog was
last licensed, the owner shall be deemed the owner of record of such
dog, except that, if the owner is under 18 years of age, the owner
of record shall be deemed to be the parent or guardian of such person.
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
A dog which is:
A.
All dogs in the Town of North Castle must be licensed with the Town
Clerk by the age of four months and required to present a current
certificate of rabies at the time of licensing or the renewal of an
existing license. Applications shall be on forms prescribed by the
Town Clerk.
B.
All dog licenses will be for a period of one year and will expire
at the end of the month one year from the date of issue.
C.
Fees for licensing of dogs; impoundment fee.
(1)
The fee for a spayed or neutered dog shall be as set forth in the
Master Fee Schedule.[1] It shall include a state assessment pursuant to § 110,
Subdivision 3 of the New York State Agriculture and Markets Law and
additional funds for enumeration as provided for by § 110,
Subdivision 4(a), of the Agriculture and Markets Law.
(2)
The fee for an unspayed or unneutered dog shall be as set forth in
the Master Fee Schedule.[2] It shall include a state assessment pursuant to § 110,
Subdivision 3, of the New York State Agriculture and Markets Law and
additional funds for enumeration as provided for by § 110,
Subdivision 4(a), of the Agriculture and Markets Law.
(3)
Enumeration fee. When the Town Board determines the need for a dog
enumeration, a fee set by the Town Board by resolution shall be assessed
to all dogs found unlicensed or renewed at the time enumeration is
conducted.
(4)
Purebred licenses. The Town of North Castle will not be issuing purebred
or kennel licenses. All dogs will be licensed individually as per
the fee system stated above.
(5)
Service dogs. The Town of North Castle requires licenses for all
dogs living or harbored within the Town; however, the Town fee for
licensure of all types of service dogs listed in § 110,
Subdivision 2, of the Agriculture and Markets Law, including, but
not limited to, guide dogs, service dogs, hearing dogs and detection
dogs, is waived.
(6)
Shelters. The Town of North Castle does not allow the licensing of
dogs by a shelter. The shelter must notify the adoptive owners of
their responsibility to license any dog which will be living within
North Castle with the North Castle Town Clerk within 30 days of adoption.
The shelter shall provide the Town Clerk with a list of adoptive owners
monthly.
(7)
Seniors. Dogs owned by one or more senior residents, 65 years or
older, are exempted from Town licensing fees.
D.
Penalties for no license. An offense against this section shall be
deemed a violation, and a person convicted of such an offense shall
be liable to a fine of $50 for a first violation within a twelve-month
period; to a fine of $100 for a second violation within a twelve-month
period; and to a fine of $150 for a third or subsequent violation
within a twelve-month period.
A.
Strict observance of this chapter. At all times when any dog is within
the Town of North Castle, its harborer, owner or owner of record will
be held responsible for the strict observance of the provisions of
this chapter.
B.
Female dogs in heat. The harborer, owner or owner of record of every
female dog shall effectively confine such dog in or on its premises
during every period in which said female dog is in heat.
C.
Dogs in parks. Dogs properly licensed and restrained by a leash may
be brought into a municipal park.
D.
Disposal of dog waste. At all times while on all municipal property,
parks and recreational facilities, the harborer, owner or owner of
record of any dog is responsible to pick up and properly dispose of
any waste of said dog.
A.
No harborer, owner or owner of record of a dog shall at any time
permit, suffer or allow such dog to be off its respective premises
and at large within the limits of the Town of North Castle. Any dog
off its premises must at all times be under restraint.
B.
Any dog found to be at large shall be turned over to the Animal Control
Authority, and the owner or owner of record thereafter, in order to
obtain possession of the dog, must have a valid license and must pay
the impoundment fee as set forth in the Master Fee Schedule.[1] Upon failure of the owner or owner of record to redeem
the dog within five days from the date of seizure, title to the dog
may be forfeited, and the dog may then be transferred to the current
contracted shelter, where the dog shall either be made available for
adoption or euthanized.
It shall be unlawful for any owner or owner of record to permit
or allow a dog within the Town of North Castle to be a nuisance, to
wit:
A.
Engage in habitual loud howling or barking so as to annoy any person
other than the owner. "Habitual" is defined as howling or barking
continually for 20 minutes or intermittently for 45 minutes and shall
constitute a violation of this section.
B.
Cause damage or destruction to property or otherwise commit a nuisance
upon the premises of a person other than its harborer, owner or owner
of record.
C.
Chase or otherwise harass any person in such a manner as reasonably
to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury.
D.
Chase or attack motor vehicles, bicycles or domestic animals.
[Amended 4-29-2020 by L.L. No. 3-2020]
Any person committing a violation of any provision of this chapter other than a violation of § 146-4 shall be deemed guilty of an offense, punishable by a fine of up to $1,000 per day per violation or by imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate additional violation.
