Town of Southeast, NY Chapter 60 Dogs

[HISTORY: Adopted by the Town Board of the Town of Southeast as indicated in article histories. Amendments noted where applicable.]

Article I Licensing of Dogs

[Adopted 9-25-1979 by L.L. No. 3-1979; amended 12-9-2010 by L.L. No. 6-2010]

§ 60-1 Procedures.

A. Purpose. The purpose of this article is to provide for the licensing and identification of dogs and the public health protection of most mammal species, including humans, from rabies.

B. Application.

(1) This article shall apply to all areas of the Town of Southeast.

(2) In the event that any dog is harbored within the Town for a period of 30 days or less such dog shall be exempt from the identification and licensing provisions of this article, provided such dog is licensed pursuant to the provisions of law of the area of the owner's residence.

(3) This article shall not apply to any dog confined to the premises of any public or private hospital devoted solely to the treatment of sick animals, or confined to an animal shelter devoted to the impounding and caring of animals.

C. Definitions. All terms not specifically defined herein shall have the meaning assigned to such terms within § 108 of the Agriculture and Markets Law of the State of New York. As used in this article, the following words shall have the following respective meanings:

ALTERED

A dog that has been spayed or neutered.

AT LARGE

An unleashed dog not under control of the owner and off the premises of the owner. For the purpose of leased premises, "premises of the owner" shall refer to such leased premises and all common areas thereof.

IDENTIFICATION TAG

A tag issued by the Town of Southeast or which sets forth an identification number, together with the name of the municipality, the State of New York, contact information, including telephone number for the municipality, and such other information as the Town Board deems appropriate.

NEW YORK STATE AGRICULTURE AND MARKETS LAW

The Agriculture and Markets Law of the State of New York in effect as of January 1, 2011, including as thereafter amended or recodified.

OWNER

Any person who harbors or keeps any dog.

RESIDENT

Any person who maintains a residence within the Town of Southeast, County of Putnam, State of New York.

TOWN

The area within the corporate limits of the Town of Southeast.

TOWN BOARD

The Town of Southeast Board.

TOWN CLERK

The Southeast Town Clerk.

UNALTERED

Any dog that is not spayed or neutered.

D. Licensing.

(1) Application for original license.

(a) The owner of any dog reaching the age of four months shall immediately make application to the Town Clerk for a dog license on a form provided by the Town Clerk's office. No license shall be required for any dog which is under the age of four months and which is not at large.

(b) In the case of a dog being redeemed or adopted from a shelter or pound, the Town Board, by resolution, and the manager of the facility shall establish a licensing procedure that is agreeable and beneficial to both the Town of Southeast and the shelter or pound.

(2) Rabies vaccination required. All applications for a dog license shall be accompanied by a valid rabies certificate signed by a licensed veterinarian or, in lieu thereof, a statement certified by a licensed veterinarian stating that the dog is too young to be vaccinated, or that, because of old age or another reason, the life of the dog would be endangered by administration of the vaccine. A copy of the rabies certificate or such certified statement shall be provided and attached to the Clerk's copy of the application. In the case of a dog being redeemed or adopted from a shelter, copies of such documents shall be forwarded to the Town Clerk. Such records shall be kept on file by the Town Clerk and be made available to law enforcement and public health officials, upon request, for rabies and other animal disease control efforts.

(3) Spay/neuter certificates. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered. In lieu of the spay or neuter certificate an owner may present a statement certified by a licensed veterinarian stating that he has examined the dog and found that because of old age, or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in Subsection D(6) of this section.

(4) Expiration of license. An original license shall be issued for a minimum period of one year and a maximum period of three years (up until the expiration of the current rabies vaccination certificate), and all license terms shall expire upon the last day of the month of the period for which they were issued.

(5) License renewal.

(a) License renewal forms shall be mailed by the Town Clerk.

(b) A new rabies certificate shall be required if the one on record has either expired or if it expires within 30 days of the date of renewal. An in-lieu-of statement as described in Subsection D(2) of this section may be substituted for a rabies certificate. New rabies certificates and statements shall be copied and attached to the Town Clerk's copy of the form.

(c) A spay/neuter certificate shall not be required if one is already on file with the Town Clerk. In a case where the dog has been altered since the issuance of the original license, the certificate shall be presented to the Town Clerk in order to receive the reduced fee for an altered dog. The Town Clerk shall make a copy of the certificate and attach it to the original license on file.

(d) Upon renewal the Town Clerk shall provide a validated license to the owner. The Clerk's copy shall be kept on file in accordance with the Records Retention and Disposition Schedule MU-1 issued by the New York State Archives and Records Administration.

(6) License fees.

(a) All applications for original licenses or renewals shall be accompanied by a fee established by resolution of the Southeast Town Board. The total fee for an unaltered dog shall be at least $5 more than the total fee for an altered dog.

(b) In addition to the fees set by the Town Board, an assessment of $3 for each unaltered dog and $1 for each altered dog shall be charged for the purpose of carrying out population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. This fee will either by transferred to a Putnam County Spay-Neuter Program or to a statewide spay-neuter program.

(c) No license fees are refundable or partially refundable in the event that a dog is lost, stolen, sold, given away, surrendered or deceased before the expiration of the license.

(d) An additional fee may be established by resolution of the Southeast Town Board should a dog be identified as unlicensed during an enumeration. Failure to pay such fee shall be deemed a violation of this Local Law. Such additional fee shall be the property of the Town of Southeast and shall be used to pay the expenses incurred while conducting the enumeration. In the event the additional fees collected exceed the expenses incurred, such excess fees may be used for enforcing this article.

(7) Exemptions to license fees. Owners seeking licenses for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall provide documentation showing the dog being licensed is certified in one of these categories. This dog license will be exempt from license fees and such documentation will be required for each license renewal. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog."

(8) Identification of dogs.

(a) When a dog is originally licensed, a Town of Southeast identification number will be assigned and an identification tag shall be issued which shall be worn by the dog at all times.

(b) No identification tag shall be affixed to the collar of any dog other than the one to which it was assigned.

(c) Any guide dog, hearing dog, service dog, working search dog, war dog, detection dog, police work dog, or therapy dog may wear a special tag for identifying such dog, provided that such tag shall be in addition to the identification tag required by the Town. Such tag shall be a different color, shape and imprint from the Town identification tag and may be provided by the Town at the expense of the owner.

(d) Lost tags shall be replaced at the expense of the owner at a fee set by the Southeast Town Board.

(9) Change of address. In the event of a change of address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, notify the Town Clerk.

(10) Change of ownership. In the event of a change in the ownership of any dog licensed in the Town of Southeast, the new owner shall immediately make application for a license for such dog.

(11) Deceased dog. If any dog licensed in the Town of Southeast is lost, stolen or deceased, the owner of record shall notify the Town Clerk's Office within 10 days of the discovery of such loss, theft or death. In the case of a dog's death, the owner of record shall so notify the Town Clerk either prior to renewal of license or at the time of such renewal.

(12) Lists of licensed dog owners. No dog licensing records, information, or lists shall be made available to any person for commercial purposes.

Article II General Provisions

[Adopted 12-16-1982 by L.L. No. 1-1982]

§ 60-2 Purpose.

The purpose of this article shall be to preserve public peace and good order in the Town of Southeast and to promote the public health, safety and welfare of its people by enforcing regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of dog owners and the rights and privileges of other citizens of the Town of Southeast.

§ 60-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:

AT LARGE

An unleashed dog off the premises of the owner.

DOG

Both male and female dogs.

DOG CONTROL OFFICER

A person or persons appointed by the Town for the purpose of enforcing this article.

LEASHED

Restrained by a leash attached to a collar or harness of sufficient strength to restrain the dog, which shall be held by a person having the ability to control the dog.

OWNER

Includes any person who keeps, harbors or has custody, care or control of a dog. Dogs owned by minors shall be deemed to be the custody and control of the parents or other head of the household where the minor resides. Any person harboring a dog for a period of one week shall be deemed to be the "owner" of the dog for the purpose of enforcing this article.

SHELTER

A structure constructed and located outside of a residence used to house a dog. Any structure used to house a dog as aforesaid must be constructed of sturdy, weatherproof material, contain a floor which is not dirt and provide adequate protection from extreme weather conditions, including direct intense sunlight, wind, rain or snow. A shelter shall be kept clear of extraneous dirt and debris and shall provide clean bedding.

[Added 1-11-2018 by L.L. No. 1-2018]

TETHER

A restraint used to confine a dog through the use of a chain, rope, trolley, cable or similar device attached at one end to a stationary, fixed point and, at the other end, to a dog's collar or harness.

[Added 1-11-2018 by L.L. No. 1-2018]

§ 60-4 Restrictions.

[Amended 12-17-1998 by L.L. No. 7-1998; 9-14-2000 by L.L. No. 5-2000; 11-16-2000 by L.L. No. 6-2000]

A. It shall be unlawful for any owner of a dog in the Town of Southeast to permit or allow such dog to:

(1) Run at large.

(2) Be off the owner's property unless leashed.

(3) Engage in habitual loud howling, barking or whining or to conduct itself in such a manner as to habitually annoy any person other than the owner or harborer of the dog.

(4) Cause damage or destruction to public or private property, defecate, urinate or otherwise commit a nuisance upon public property or the property of other than the owner or harborer of the dog; provided, however, that an owner or harborer of a dog that permits that dog to soil, defile, defecate or commit any nuisance on the portion of the street lying between the street and the sidewalk (curbing the dog) shall be responsible to clean up, on an immediate basis, said fecal matter, defilement or other nuisance waste.

(5) Bite, chase, jump upon or otherwise harass any person in such a manner as to cause intimidation or to put such a person in reasonable apprehension of bodily harm or injury.

(6) Chase, leap on or otherwise harass bicycles or motor vehicles.

(7) Kill or injure any dog, cat or other household pet.

(8) Be unlicensed when six months of age or older.

(9) Not have a current and valid New York State identification tag on his collar while at large, whether or not restrained by an adequate leash.

(10) Enter or remain upon any public park owned or maintained by the Town, unless such dog is used and actually in use as an aide to a person with a handicapping condition.

B. It shall be unlawful for any owner, tenant, licensee or occupant of real property within the Town to:

[Amended 3-24-2011 by L.L. No. 4-2011]

(1) Keep or cause to be kept on such premises an excessive number of dogs, that in the reasonable determination of the Town Code Enforcement Officer creates unsanitary conditions, constitutes a nuisance, and/or generates noise levels that violate the conditions of Chapter 96 of the Code of the Town of Southeast.

(2) Keep or cause to be kept on such premises more than four dogs exceeding six months of age that are licensed to persons other than the owner, tenant, licensee or occupant of the property, unless the premises on which such dogs are kept is established as a duly licensed and permitted kennel pursuant to Chapter 138 hereof.

(3) Tether a dog outside, unless such tether and practice meets the following criteria:

[Added 1-11-2018 by L.L. No. 1-2018]

(a) The dog being tethered is not less than six months of age;

(b) The tether is at least five times the length of the dog as measured from the tip of its nose to the base of its tail;

(c) The tether must be designed for use in tethering dogs (no logging chains, tow chains or other lines or devices not intended for the purpose of tethering dogs may be used);

(d) If a chain or other tethering device is used, such chain or device shall weigh no more than 1/8 of the dog's body weight;

(e) No tether shall be attached to a dog unless it is actually connected to a proper collar or harness designed for tethering dogs (no "choke chains," "prong" or "pinch" collars may be employed for tethering);

(f) The tether shall be long enough for the animal to be able to move around, defecate and urinate in an area which is separated by at least 10 feet from where the dog must eat, drink or lie down;

(g) No dog shall be tethered outside between the hours of 10:00 p.m. and 6:00 a.m. prevailing time;

(h) No dog shall be tethered outside at any time for more than one hour in temperatures below 32° F. or above 85° F., or in extreme weather conditions such as snowstorms, heavy wind or during rain storms unless such animal can gain unrestricted access to shelter as defined herein; and

(i) All tethered animals shall have access to clean (nonfrozen) water and nutritious food in sufficient quantities.

§ 60-5 Female dogs in heat.

All female dogs shall be confined to the premises of their owners while such are in heat and may not be left outside unattended. Any owner not adhering to this rule will be subject to having the dog seized by the Dog Control Officer and removed to a safe place of confinement.

§ 60-6 Maintenance of premises; provision of amenities; failure to provide.

A. All premises occupied or used by dogs shall be kept in a clean, sanitary condition.

B. Failure to provide adequate food, water or space shall subject dogs to seizure and confinement. "Adequate" shall mean sufficient for age, size and number of dogs on the premises.

C. Upon conviction of the owner or harborer, the dogs become the property of the Town of Southeast, to be released to an authorized humane society, veterinarian or kennel for adoption or euthanasia.

§ 60-7 Record of seizure.

Upon taking custody of any animal, the Dog Control Officer shall make a record of the matter. The record shall include the date of pickup, breed, general description, sex, identification numbers, time of pickup, location of release and name and address of owner, if any.

§ 60-8 Seizure and redemption procedure.

[Amended 6-16-1988 by L.L. No. 5-1988; 3-21-1996 by L.L. No. 1-1996]

A. If a dog is seized and not wearing a license tag, it shall be held for a period of no less than five days.

B. If a dog seized is wearing an identification number, the owner shall be promptly notified, either in person or by certified mail. If the owner is notified in person, the dog shall be held for a period of no less than five days; if notified by mail, no less than nine days.

C. The owner of the dog shall be responsible for any impoundment fee established by the Town of Southeast plus any other expenses incurred by the Municipality or its agent to humanely care for the dog.

D. If not redeemed, the owner shall forfeit all title to the dog, and it shall be released to an authorized humane society or kennel to be adopted or euthanized.

E. All dogs so released to an authorized humane society or kennel may be retained by such authorized humane society or kennel for a period of up to five days prior to euthanizing the dog. In the event that the dog is placed out for adoption, such authorized humane society or kennel shall charge an adoption fee as set forth from time to time by resolution of the Town Board, which fee shall be retained and turned over to the Town of Southeast by such humane society or kennel.

§ 60-9 Filing of complaints.

Any person who observes a dog in violation of any section of this article may file a signed complaint, under oath, with a Justice of the Town of Southeast or with the authorized Dog Control Officer or any peace officer, specifying the violation, the date of violation and the damage caused and including the place the violation occurred and the name and address of the dog owner, if known.

§ 60-10 Enforcement; appearance ticket.

[Amended 12-9-2010 by L.L. No. 6-2010; 1-11-2018 by L.L. No. 1-2018]

Any Dog Control Officer, Code Enforcement Officer, police officer or peace officer, including duly authorized officers of the Society for the Prevention of Cruelty to Animals (SPCA) in Putnam County, or any other person or persons who are or may be lawfully authorized by the Town, shall administer and enforce the provisions of this article; and for such purpose such persons shall have the authority to issue pursuant to the criminal procedure law of an appearance ticket, or in lieu thereof, a uniform appearance ticket, or in lieu thereof, a uniform appearance ticket and simplified information.

§ 60-11 Penalties for offenses.

[Amended 12-9-2010 by L.L. No. 6-2010; 1-11-2018 by L.L. No. 1-2018]

Any person convicted of a violation of § 60-4A of this article shall be liable for a civil penalty of not less than $25 nor more than $100 for a first violation; of not less than $50 nor more than $200 for a second violation; and not less than $75 nor more than $300 for each subsequent violation. Any person convicted of a violation of § 60-4B of this article shall be guilty of a violation as prescribed by the penal law and subject to a fine of not less than $25 nor more than $200 for a first violation and/or imprisonment of up to 15 days in jail; of not less than $50 nor more than $300 for a second violation and/or imprisonment of up to 15 days in jail; and not less than $75 nor more than $400 and/or imprisonment of up to 15 days in jail for each subsequent violation. All other provisions and requirements of the New York State Agriculture and Markets Law are and remain separately enforceable under New York State law, and nothing in this article purports to limit the enforceability of New York State law. The rights and remedies of enforcement set forth in this article are in addition to, and not in lieu of, any other right or remedy of the Town of Southeast relative to dog licensing and control, whether arising by law or in equity.

§ 60-12 Interference with enforcement.

No person shall hinder, resist or oppose the Dog Control Officer, peace officer or other person(s) authorized to administer or enforce the provisions of this article in the performance of the officer's duties under this article.

§ 60-13 Nonliability of Town.

The owner or harborer of any dog so destroyed under the provisions of this article, whether destroyed by the Dog Control Officer or a peace officer or released to an authorized humane society or veterinarian, shall not be entitled to any compensation, and no action shall be maintainable thereafter to recover the value of such dog or any other type of damage.

§ 60-14 (Reserved) [1]

[1] Editor's Note: Former § 60-14, Appearance tickets, added 6-16-1988 by L.L. No. 5-1988, was repealed 12-9-2010 by L.L. No. 6-2010. See now § 60-10.