Village of Clinton, NY Animals

[HISTORY: Adopted by the Board of Trustees of the Village of Clinton as indicated in article histories. Amendments noted where applicable.]

Article I Dog Control

[Adopted 1-7-2019 by L.L. No. 2-2019]

§ 90-1 Title.

The title of this article shall be "Village of Clinton Dog Control Law."

§ 90-2 Purpose.

The purpose of this article is to protect public health and to place the cost of dog control and dog enumeration on those who own and harbor dogs in the Village of Clinton to the greatest extent possible.

The purpose of this article is to address humane dog control within the Village, so as to include protection for dogs who are subject to excessive control or poor treatment at the hands of those who own or harbor them. Specifically, this article is enacted to protect dogs who are left outdoors without means to protect themselves from the elements. It is believed that the humane treatment of dogs not only provides the animals with a better quality of life, but may also reduce the likelihood of dogs having harmful behaviors towards other animals and people.

§ 90-3 Definitions.

As used in this article, unless otherwise expressly stated or unless the context or subject matter requires otherwise:

ADOPTION

The delivery to any natural person 18 years of age or older, for the limited purpose of harboring a pet, of any dog, seized or surrendered, or any dog.

AGRICULTURE AND MARKETS LAW

The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article.

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 unless permission for such presence has been obtained. No dog shall be deemed to be at large if it is:

(1)

A guide dog actually leading a blind person;

(2)

A police work dog in use for police work; or

(3)

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 Clinton Village Clerk.

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

Any member of the species canis familiaris.

DOG CONTROL OFFICER

Any individual appointed by the Village to assist in the enforcement of this article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Village to assist in the enforcement of this article.

EXTREME WEATHER CONDITIONS

Includes inclement weather, being weather conditions that are likely to adversely affect the health or safety of the dog, including but not limited to rain, sleet, ice snow, wind, or extreme heat and cold, and otherwise consistent with the provisions of New York State Agriculture and Markets Law § 353-b, Subdivision 1(b), as may be amended from time to time.

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 during the period such dog is being trained or bred for such purpose.

HARBOR

To provide food or shelter to any dog.

HEARING DOG

Any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog owned by a recognized training center located within New York State during the period such dog is being trained or bred for such purpose.

HUNTING DOG

Any dog that is trained to aid in taking of wildlife and is actually or has been used for such purposes, consistent with applicable law or regulation, including Environmental Conservation Law § 11-0923, and local permits.

IDENTIFICATION TAG

A tag issued by the Town of Kirkland.

IDENTIFIED DOG

Any dog carrying an identification tag as provided in § 90-5 of this article.

OUTDOORS

A location outside a permanent structure capable of habitation or occupancy by people during an extreme weather event or period of time with temperatures falling below 32° F. or greater than 90° F. (depending on the applicable weather conditions), such as a house, apartment building, or office building. Examples of nonsuitable outdoor structures include, without limitation, wire cages and noninsulated structures, including those made of plastic (e.g., calf hutch).

OWNER

Any person who harbors or keeps any dog.[1]

PERSON

Any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity.

PERSON WITH A DISABILITY

Any person with a disability as that term is defined in § 292, Subdivision 21, of the New York Executive Law.

POLICE WORK DOG

Any dog owned or harbored by any state or 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.

RECOGNIZED REGISTRY ASSOCIATION

Any registry association that operates on a nationwide basis, issues numbered registration certificates and keeps such records as may be required by the New York State Commissioner of Agriculture and Markets.

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.

TETHER

Includes the actions of leashing, fastening, securing, chaining, tying, or otherwise restraining a dog to any stationary object outdoors.

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 during the period such dog is being trained or bred for such purpose.

WAR DOG

Any dog which has been honorably discharged from the United States Armed Services.

WEATHER ALERT

A broadcast of the National Weather Service regarding one of the following weather related events, reasonably construed to be affecting the region in which the dog was left outdoors: blizzard warning, severe thunderstorm (watch or warning), severe weather statement, tornado (watch or warning), winter storm (watch or warning).

WORKING DOG

Any dog that is trained to herd and/or protect livestock, control bird and/or wildlife populations, or otherwise is actually or has been used in connection with farming or agricultural purposes.

WORKING SEARCH DOG

Any dog that is trained to aid in the search for missing persons, is actually used for such purpose and is registered with the department; provided, however, that such services provided by said dog shall be performed without charge or fee.

[1]

Editor's Note: The original definition of "owner of record" of the 1965 Code, which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Unless expressly set forth above, the terms, words and phrases used in this article shall have the same meaning as such terms, words and phrases are defined in Article 7 of the Agriculture and Markets Law, including those definitions set forth in § 108 thereof, which are incorporated by reference herein.

§ 90-4 Consistency with other laws.

This article shall be read in conjunction with all other applicable state and local laws, including specifically Article 7 of the Agriculture and Markets Law.

§ 90-5 Prohibited acts.

It shall be unlawful for any owner of or any person harboring a dog in the Village of Clinton to fail to control or confine such so that such dog is able to:

Bite, jump upon or otherwise harass any person, except a person:

(1)

Trespassing upon the premises of such owner or harborer.

(2)

Attacking or molesting the person of the owner or harborer of such dog.

(3)

Who provokes a dog by teasing, torturing, cruelty beating, injuring, maiming or mutilating said dog.

Cause damage or destruction to the property of others.

Kill, injure or harass domestic animals.

Cause noise which shall annoy or disturb the quiet, comfort or repose of a reasonable person of normal sensibilities. Noise disturbance for more than 10 minutes at any time of the day or night by repeated barking, whining, howling or other sounds which can be heard beyond the boundary of the owner's property shall be deemed prima facie evidence of violation of this action.

Habitually commit a nuisance upon the premises of anyone other than the owner or harborer of such dog.

Be without a license and wearing a tag, as provided for in the Agriculture and Markets Law of the State of New York.

Run at large without a leash, such as a chain, cord, strong rope or other material of sufficient strength to restrain the dog from harassing any person or domestic animal, companion animal, and/or farm animal. Examples include but are not limited to a) running at large in heat; b) running, injuring or killing deer, c) habitually chasing motor vehicles, motorcycles, bicycles or other conveyances.

In having possession, custody or control of a dog, falls to remove any feces left by his or her dog on any sidewalk, gutter, street or other public area or on any private property other than property of owner, possessor or custodian of said dog.

In controlling or confining a dog, allows it to remain tethered outdoors for longer than a period of two continuous hours at such time as when either 1) the actual air temperature is lower than 32° F. (not accounting for wind chill; 2) the actual air temperature is greater than 90° F. (no accounting for humidity levels); or 3) during such period of time as extreme weather conditions exist, where any such condition in 1), 2), or 3) above is actually known to such persons or reasonably should have been known to such person. Actual harm or injury need not be shown to prove a violation of the prohibition in this subsection.

(1)

Rebuttable presumptions.

(a)

Extreme weather conditions shall be presumed to have been present in the event that a weather alert was in effect for a region reasonably construed and commonly understood to be affecting the region in which the dog was left outdoors and during such time as the dot was left outdoors.

(b)

A dog exhibiting signs of frostbite shall be presumed to have been left outdoors for longer than a period of two continuous hours at such time as when the actual air temperatures was lower than 32° F.

(c)

A dog exhibiting signs of heatstroke shall be presumed to have been left outdoors for longer than a period of two continuous hours at such time as when the actual air temperatures was greater than 90° F.

(2)

Exceptions. This prohibition shall not apply:

(a)

To working dogs;

(b)

To hunting dogs;

(c)

To dogs on a leash or other restraint under direct supervision or control of persons actively engaged in recreational activities, including walking, jogging, or running; and

(d)

To dogs required to be tethered under an applicable law, rule, regulation, or court order.

§ 90-6 Enforcement.

This article shall be enforced by any dog control officer in the employ or under contract with Village of Clinton, a police officer and/or any peace officer when acting pursuant to their special duties.

Any dog control officer, peace officer or police office observing a violation of this article in their presence shall issue and service an appearance ticket for such violation.

§ 90-7 Complaint.

Any person who observes a dog in violation of any acts prohibited by this article may make a signed complaint with the authorized Dog Control Officer and/or Town Justice for the Town of Kirkland pursuant to the applicable provisions of the Article 7 of the Agriculture and Markets Law. The complaint must specify the objectionable conduct of the dog, the date thereof, the damage caused or the acts constituting violation of this article, and including the place or places where such conduct occurred and the name and residence, if known, of the owner or other person harboring such dog.

§ 90-8 Seizure of dogs; redemption periods; impoundment fees.

Any dog control officer or peace officer, acting pursuant to his special duties, or police officer shall seize:

(1)

Any dog which is not identified and which is not on the owner's premises;

(2)

Any dog which is not licensed, whether on or off the owner's premises;

(3)

Any licensed dog which is not in the control of its owner or custodian or not on the premises of the dog's owner or custodian, if there is probable cause to believe the dog is a "dangerous dog" as defined by the Agriculture and Markets Law; and

(4)

Any dog which poses an immediate threat to the public safety. Promptly upon seizure the dog control officer shall commence a proceeding as provided for in Subdivision 2 of § 123 of the New York Agriculture and Markets Law.

Any dog control officer or peace officer, acting pursuant to his special duties, or police officer may seize any dog in violation of this article.

Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this article and further provided that the owner pays those impoundment fees as set forth in§ 45-15 of the Code of the Town of Kirkland.

Procedures for Notice and Redemption of identified dogs shall be as provided in§ 117 of the New York Agriculture and Markets Law.

§ 90-9 Penalties for offenses.

It shall be a violation, punishable as provided in Subdivisions B and C of this section, for:

(1)

Any owner to fail to license any dog;

(2)

Any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs or purebred license tag;

(3)

Any person to furnish any false or misleading information on any form required to be filed with the Village Clerk pursuant to the provisions of this article;

(4)

Any owner who falls to control or confine a dog so as to commit a prohibited act as defined by § 90-5.

It shall be the duty of the Dog Control Officer to bring an action against any person who has committed any violation set forth in Subsection A of this section. The Village of Clinton may elect either to prosecute such action as a violation under a penal law or to commence an action to recover a civil penalty.

A violation of this section shall be punishable, subject to such an election, either:

(1)

Where prosecuted pursuant to the penal law, by a fine of not less than $25, except that i) where the person was found to have violated this section or Article 7 of the New York Agriculture and Markets Law within the preceding three years, the fine may be not less than $50, and ii) where the person was found to have committed two or more such violations within the preceding three years, it shall be punishable by a fine of not less than the $100 or imprisonment for not more than 15 days, or both; or

(2)

Where prosecuted as an action to recover a civil penalty, by a civil penalty of not less than $25, except that i) when the person was found to have violated Article 7 of the New York Agriculture and Markets Law within the preceding three years, the civil penalty may be not less than $50, and ii) where the person was found to have committed two or more such violations within the preceding three years, the civil penalty may be not less than $100.

§ 90-10 Severability.

Each separate provision of this article shall be deemed independent of all other provisions herein, and if any provisions shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable.