As used in this chapter, the following words shall have the following
respective meanings:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this chapter, as amended by
this chapter and as amended thereafter.
ALTERED DOG
A female dog that is spayed or a male dog that is neutered.
CONFINED
Such animal is securely confined or restrained and kept on
the owner's premises, either within a building, kennel or other suitable
enclosure or securely fastened on a chain, wire, or other effective
tether of such length and so arranged that the animal cannot reach
or endanger any person or any adjacent premises or on any public street,
way or place, or, if the animal is being transported by the owner,
that it is securely confined in a crate, or other container, or so
restrained in a vehicle that it cannot be expected to escape therefrom.
DANGEROUS DOG
(1)
Any dog which:
(a)
Without justification attacks a person, companion animal as
defined in § 350(5) of the Agriculture and Markets Law,
farm animal as defined in § 350(4) of the Agriculture and
Markets law, domestic animal as defined in § 108(7) of the
Agriculture and Markets Law and causes physical injury or death; or
(b)
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
(c)
Without justification attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
(2)
"Dangerous dog" shall not include a police work dog as defined
in § 108(18) of the Agriculture and Markets Law, which acts
in a manner described in this definition if such police work dog is
being used to assist one or more law enforcement officers in the performance
of their physical duties.
DOG
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
DOG CONTROL OFFICER
Any person authorized by the Dutchess County Legislature
or the Town Board of the Town of Pine Plains from time to time to
enforce the provisions of this chapter or the provisions of the Agriculture
and Markets Law.
HABITUAL
A dog's barking, howling, crying or other similar conduct
for repeated intervals of a least 15 minutes with less than five minutes
of interruption which can be heard by any person, including a dog
control officer or peace officer, from a location outside of the owner's
or caretaker's premises.
HARBOR
To provide food or shelter to any dog.
IDENTIFICATION TAG
A tag issued by the Town Clerk which sets forth the identification
number, together with the name of the Town and state, the telephone
number of the Town, and any other information deemed necessary by
the Town Clerk.
OWNER
Any person who harbors or keeps any dog. "Owner" also means
the party purchasing the license unless the dog is or has been lost,
and such loss reported to the Dog Control Officer and reasonable search
has been made. If an animal is not licensed, the term "owner" shall
designate and cover any person or persons, firm, association or corporation
who or which at any time owns or has custody or control of, harbors,
or is otherwise responsible for any dog which is kept, brought or
comes within the Town. Any person owning or harboring a dog for a
period of one week prior to the filing of any complaint charging a
violation of this chapter shall be held and deemed to be the owner
of such dog for the purpose of this chapter. In the event any dog
found to be in violation of this chapter shall be owned by a minor,
the head of the household in which said minor resides shall be deemed
to have custody and control of said dog and shall be responsible for
any acts of the dog and violation of this chapter.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant
to this chapter.
PERSON
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
RECREATIONAL AREAS
Any real property owned by the Town of Pine Plains which
is used for recreational purposes by the public, including, but not
limited to, parks or playgrounds.
RESIDENT
An individual who maintains a residence within the Town of
Pine Plains.
RUN AT LARGE
To be in a public place or on private land without the knowledge,
consent and approval of the owner of such lands.
TOWN
The Town of Pine Plains and the area within its corporate
limits.