[Adopted 12-14-2010 by L.L. No. 1-2010]
The title of this article is "Dog Control and License Fees Law."
This article is adopted pursuant to Article 7 of the Agriculture
and Markets Law of the State of New York.
The purpose of this article is to promote the public health,
safety, and welfare of the community, including the preservation and
protection of the property of the Town of Montour and its inhabitants,
and of the peace and good order therein by regulating and controlling
activities of dogs within the Town of Montour, and providing enforcement
thereof, and setting forth the fees for dog licenses to be charged.
It shall be unlawful for:
A. Any owner to allow any dog to run at large.
B. Any owner to fail to restrain any dog by an adequate collar and leash
unless it is accompanied by its owner or a responsible person able
to control it by command, when not on the property of the owner.
C. Any owner to allow any dog to engage in habitual loud howling, barking,
crying or whining or conduct itself in such a manner so as to unreasonably
and habitually annoy and/or disturb any person other than the owner
of such dog. For purposes of this section, “habitual”
shall mean a dog barking, whining, etc., for repeated intervals of
at least 15 minutes with less than 60 minutes of interruption, which
can be heard by any person, including a law enforcement officer or
Dog Control Officer, from a location outside of the owner’s
or caretaker’s premises.
D. Any owner to allow any dog to cause damage or destruction to property
or defecate, urinate, dig or otherwise commit a nuisance other than
on the property of the owner of such dog.
E. Any owner to allow any dog to chase, jump upon or at, or otherwise
harass any person in such a manner as to reasonably cause intimidation
or fear or to put such person in reasonable apprehension of bodily
harm or injury.
F. Any owner to allow any dog to chase, run alongside of, bark at or
otherwise harasses any motor vehicle, motorcycle, bicycle, carriage
or any other vehicle or device used by persons for travel or any riders
or occupants thereof while said vehicle or device is on a public highway
or private property other than property of the owner of said dog.
For purpose of this section, a horse or other animal shall be considered
a vehicle or device.
G. Any owner to fail to license any dog at the age of four months or
older, or allow any dog to be unlicensed due to failure to renew a
dog license.
H. Any owner to fail to have any dog identified by a valid and current
Town of Montour dog license identification tag.
I. Any person to knowingly affix to any dog any false or improper identification
tag or any identification tag belonging to another dog.
J. Any owner or custodian of any dog to fail to confine, restrain or
present such dog for any lawful purpose pursuant to this article or
Article 7 of the New York State Agriculture and Markets Law.
K. Any person to furnish any false or misleading information on any
license or form, required by the Town, the Schuyler County Sheriff's
Department Animal Control Officer, or any shelter or pound servicing
the Town of Montour.
L. Any owner to fail to notify the Town Clerk of any change of ownership,
change of address, death or loss of any dog licensed in the Town of
Montour.
All dogs shall be provided with adequate food, water, shelter
and space as sufficient for age, size and number of dogs on the premises.
All female dogs, while in season (heat), shall be confined to
the premises of their owner and may not be left outside unattended.
Any owner not adhering to this section shall be subject to having
the dog seized by the Animal Control Officer and removed to a shelter
or pound for confinement. The owner of any dog seized pursuant to
this section shall be subject to an impoundment fee plus the shelter's
usual daily boarding fees.
Any Animal Control Officer or other person or persons, who are
or may be lawfully authorized by the Town, shall and all peace officers
may administer and enforce the provisions of this article, and for
such purpose shall have the authority to issue appearance tickets.
No action shall be maintained against the Town of Montour, Schuyler
County Animal Control Officer, or any person or persons lawfully authorized
by the Town when performing duties pursuant to this article or New
York State Agriculture and Markets Law to recover the possession or
value of any dog, or for damages for injury or compensation for the
destruction of any dog seized or destroyed pursuant to the provisions
of this article or New York State Agriculture and Markets Law.
This article shall take effect the 1st day of January 2011.
[Adopted 11-7-2013 by L.L. No. 2-2013]
The Town Clerk is hereby authorized to include dog census forms
annually with the same mailing as real property tax bills.