[Adopted 12-29-2010 by L.L. No. 1-2011]
As used in this article, 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. No dog shall be deemed to be "at large" if it is a police work
dog or 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.
CLERK
The Town Clerk or Deputy Town Clerk of the Town of Mount
Hope, where licenses are to be validated or issued.
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 and neutered dogs, and shall include
the singular and plural.
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.
HEARING DOG
Any dog that is trained to aid a person who is hearing impaired
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.
OWNER
Any person, firm, association or corporation owning, harboring,
keeping or otherwise responsible for a dog or dogs, or for property
or premises whereon a dog or dogs are found or kept.
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.
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 Mount Hope.
WAR DOG
Any dog which has been honorably discharged from the United
States Armed Services.
WORKING 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.
Any person in control of an at-large dog shall remove all fecal
matter left by such dog off the premises of the owner and off of all
Town property, including streets, sidewalks, parklands and other property.
Such fecal matter shall be disposed of in a suitable manner in compliance
with the Sanitary Code and other applicable laws, rules and regulations.
No person owning or having in his possession a dog which has
vicious propensities shall allow such dog to go at large at any time
within the Town. The owner of the premises on which such a dog is
kept, maintained or housed shall cause to be posted, at each entrance
to the premises, a legible and conspicuous notice as follows: WARNING:
DANGEROUS DOG. All persons in custody or control of such dog shall
securely restrain such dog, including by the use of a leash, muzzle,
harness, collar and all other means necessary, whenever such dog is
present on any sidewalk, street, park or other public place in the
Town.
Any dog or cat which is lawfully in the Town's custody and possession or which becomes the legal property of the Town may be adopted by any suitable qualified person according to law. No person may adopt a dog from the Town without first paying the fee set forth in §
75-5 hereinabove and obtaining a license for such dog in accordance with §
75-4 hereinabove. Before such dog or cat is adopted, it shall be spayed or neutered. The payment of all costs thereof, and of the costs referenced in §
75-10 hereinabove, shall be the obligation of the person adopting such animal. This obligation may be reduced or waived by the Town Board as may be necessary or appropriate in any given case.
[Amended 12-7-2015 by L.L. No. 3-2015]
Any animal control officer, Code Enforcement Officer or police
officer of the Town of Mount Hope may enforce the provisions of this
article and may also investigate and report to the Town Court any
dangerous dog as described in § 123 of the Agriculture and
Markets Law and may carry out the order or orders of the Town Justice
in those cases provided for in Article 7 of the Agriculture and Markets
Law and may enforce and carry out the duties outlined generally in
Article 7 of said Agriculture and Markets Law and of any provision
of this article.
No person shall tie, fence or otherwise confine any dog out
of doors unless such dog's owner or a person of suitable age
and responsibility who is capable of controlling the dog and who has
agreed to control the dog is present on the premises during the entire
time said dog is thus tied, fenced or confined.