[HISTORY: Adopted by the Board of Trustees of the Village
of Rouses Point 11-20-2023 by L.L. No. 1-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter also superseded former Ch. 60,
Dogs, adopted 10-5-2009 by L.L. No. 4-2009.
"Dog Licensing and Control Law of the Code of the Village of
Rouses Point."
The purpose of this chapter is to provide for the licensing
and identification of dogs, the control and protection of the dog
population, the protection of persons, property, domestic animals,
and deer from dog attacks and damage, and to protect the health, safety,
and well-being of persons and property by regulating and controlling
the activities of dogs within the Village of Rouses Point.
This chapter is enforced pursuant to the provisions of Article
7 of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York.
All terms not specifically defined herein shall have the meaning
assigned to such terms within § 108 of Article 7 of the
Agriculture and Markets Law of the State of New York.
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 thereafter amended.
Any dog which:
Without justification attacks a person, companion animal as
defined in § 350 of Article 26 of the Agriculture and Markets
Law, farm animal as defined in § 350 of Article 26 of the
Agriculture and Markets Law, or domestic animal, and causes physical
injury or death; or
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
Without justification attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
Does not include a police work dog, which acts in the manner
described in this definition while such a police dog is being used
to assist one or more law enforcement officers in the performance
of their official duties.
Any member of the species canis familiaris.
An individual authorized by the Board of Trustees of the
Village to assist in the enforcement of the provisions of this chapter
and Agriculture and Markets Law of the State of New York as may be
applicable.
To provide food or shelter to any dog.
A metal tag issued by the Town Clerk which sets forth the
identification number together with the Town of Champlain NY, and
any other information deemed necessary by the Town Clerk.
Any person who owns, harbors, keeps, or has custody and control
of a dog which is kept, brought, or comes within the Village. 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. 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.
The person in whose name a dog was last licensed pursuant
to this chapter. If it cannot be determined in whose name any dog
was last licensed, the owner shall be deemed to be the owner of record
of such dog, except that if the owner is under 18 years of age, the
owner of record shall be deemed to be the parent or guardian of such
person.
An individual, partnership, corporation, association, or
other organized group of persons, business entity, municipality, or
other legal entity.
A person who raises pets for sale, purchases pets for other
than their personal use or enjoyment or sells pets acquired in any
manner; includes pet stores, pet brokers, breeders, and non-incorporated
rescues.
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.
To be in a public place or on private land without the knowledge,
consent, and approval of the owner.
The Town of Champlain, Clinton County, State of New.
The Village of Rouses Point, Clinton County, State of New
York.
A.
No dog, whether licensed or unlicensed, shall be allowed to run at
large in any street, sidewalk, lane, or public place unless said dog
is effectively restrained by a leash not exceeding six feet in length,
affixed to the collar or harness of the dog held by a person of sufficient
strength and ability to adequately restrain the dog, or alternatively,
unless said dog is in the immediate custody and control the owner
or a responsible person who is over 12 years of age. For the purpose
of this chapter, a dog or dogs hunting in the company of a hunter
or hunters or being trained to hunt shall be considered as accompanied
by its owner.
B.
It shall be unlawful for any owner of any dog in the Village to permit
or allow such dog to:
(1)
Engage in habitual loud howling, barking, crying, or whining, or conduct itself in such a manner as to disturb the comfort or repose of any person other than the owner. (Pursuant to Noise Ordinance - Local Law No. 2 of 2023; Section 3, Subsection B. Unreasonable Excessive Noise Acts includes: "Noise from a dog or other pet animal that is continuous and exceeds 15 minutes").[1]
[1]
Editor's Note: This refers to L.L. No. 2-2023 of the
Town of Champlain, codified as § 94-3B(2) of the Town Code.
(2)
Cause damage or destruction to lawns, flowers, garden beds, or any
other property without the consent and approval of the owner of such
property;
(3)
Create a nuisance by defecating, urinating, or scavenging through
refuse on public property or upon private property without the consent
or approval of the owner of such property;
(4)
Chase, jump on or at, or otherwise harass any person in such a manner
as would reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury in any place where
such person may lawfully be;
(5)
Habitually chase or run alongside of or bark at motor vehicles, motorcycles,
tricycles, bicycles, strollers, or persons running, jogging, or walking
while on a public street, highway, or place, or upon private property
without the consent or approval of the owner of such property;
(6)
If an intact female, be off the owner's premises during the
period when it is in heat;
(7)
Attack, chase, injure, or bite any dog, cat, or other domestic animal
belonging to another person when such animal is in any place where
it may lawfully be.
C.
Pursuant to New York State Law requiring any person who owns or has
custody or control of a dog that is left outdoors shall provide it
with shelter appropriate to its breed, physical conditions and the
climate. The determination of "shelter appropriate to its breed, physical
conditions and the climate" will be at the discretion of the Town
of Champlain's Dog Control Officer.
D.
The Village of Rouses Point requires dog owners that utilize invisible
fencing seek a permit issued by the Village of Rouses Point. All dog
owners, whenever possible due to property lot size, should not be
permitted to tether their dog or permit invisible fencing to be nearer
than 10 feet from any public sidewalk/road, or property line.
A.
Requirement. All dogs in the Village of Rouses Point must be licensed
with the Champlain Town Clerk at the age of four months. No license
shall be required for any dog which is under the age of four months
and which is not at-large. Any person applying for or renewing a license
is required to present a current certificate of rabies vaccination
or a statement from a licensed veterinarian that such vaccination
would endanger the dog's life, in which case vaccination shall
not be required.
B.
Expiration of license: All dog licenses will be for a period of one
year and licenses will expire at the end of the month of the date
of issue that appears on the license renewal form. It is the obligation
of the dog owner to renew the dog license prior to the end of the
month of their license renewal's issue date. No license shall
be issued or renewed later than the common renewal date prior to the
expiration date of the rabies certificate for the dog being licensed.
Two- and three-year licenses are available provided that the rabies
vaccination expiration allows for such multiple-year licenses.
C.
Fees for licensing of dogs:
(1)
The license fee for a spayed or neutered dog shall be $9, which includes
a $1 surcharge mandated by New York State for the purpose of carrying
out a program of animal population control.
(2)
The licensing fee for an unspayed or unneutered (intact) dog shall
be $18, which includes a $3 surcharge mandated by New York State for
the purpose of carrying out a program of animal population control.
(3)
The above licensing fees shall be reviewed periodically by the Champlain
Town Board and may be changed by a resolution of the Champlain Town
Board if deemed necessary.
D.
Late fee. Late fees will be assessed and collected by the Champlain Town Clerk at a rate of $5 per month beginning immediately after the renewal date. If a renewal has not been made within four months of the renewal date, the violator will be liable for civil penalties as laid out in § 60-10 of this chapter.
E.
Enumeration fee. When the Champlain Town Board determines the need
for a dog enumeration, a fee of $25 will be assessed on all dogs found
unlicensed or for which the license has not yet been renewed at the
time the enumeration is conducted.
F.
The Town of Champlain shall exempt any licensing fees for a guide
dog, hearing dog, service dog, war dog, work search dog, detection
dog, police work dog, or therapy dog as defined in Article 7 of the
Agriculture and Markets Law of the State of New York. 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," as may be appropriate,
by the clerk or authorized dog control officer.
G.
The Village of Rouses Point shall not issue purebred or kennel licenses.
All dogs shall be licensed individually in accordance with the fees
stated herein.
H.
No license shall be transferable to a new owner. Upon the transfer
of ownership of a dog, the new owner shall immediately apply for a
new license for the dog. No license can be transferred to another
dog.
I.
Identification tag.
(1)
The Champlain Town Clerk shall assign a Town identification number
to a dog when it is first licensed under this law. Such identification
number shall be carried by the dog on a Town of Champlain identification
tag which shall be affixed to the collar of the dog at all times.
(2)
The official permanent Town of Champlain identification number shall
constitute the official identification of the dog to which it is assigned,
regardless of changes of ownership, and the number shall not be reassigned
to any other dog.
(3)
No tag carrying a Town identification number shall be affixed to
the collar of any dog other than the one to which the number has been
assigned.
(4)
In the event an official tag is lost, a replacement tag may be purchased
from the Champlain Town Clerk for a fee of $5.
J.
The Town of Champlain does not allow the licensing of dogs by a shelter.
The shelter shall be required to send adoptive dog owners to the Clerk
of the municipality in which the dog will be harbored for licensing,
or to Town Clerk of the Town of Champlain if the dog is to be harbored
in the Town of Champlain.
K.
All dog licenses may be purchased in person at the Town offices or
by regular mail. If licensing or renewing by mail, the appropriate
fee must accompany the forms. There shall be no refund of fees.
L.
All fees will be used in funding the administration of the Dog Control
and Licensing Law of the Town of Champlain with the exception of the
required New York State surcharges.
M.
In addition to the other requirements for licensing of dogs contained in this section, the owner of a dog which has previously been determined to be a "dangerous dog" under § 60-8 of this chapter or under Article 7 of the New York State Agriculture and Markets Law must, upon application for licensure or license renewal, present the Village of Rouses Point with proof that said owner has maintained a liability insurance policy in the minimum amount of $100,000 for personal injury or death resulting from an attack by such dangerous dog.
A.
The Dog Control officer or any peace officer may 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 dangerous;
(4)
Any dog which poses an immediate threat to the public safety.
B.
Each dog which is not identified, whether or not licensed, shall
be held for a period of seven 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
as pursuant to the provisions of this chapter and further provided
that the owner pays the following impoundment fees:
(1)
A $25 fee plus the same impoundment and veterinarian fees as are
charged to the Town of Champlain for such service for the first impoundment
of any dog owned by that person;
(2)
A $50 fee plus the same impoundment and veterinarian fees as are
charged to the Town of Champlain for such service for the second impoundment
within one year of the first impoundment of any dog owned by that
person;
(3)
A $100 fee plus the same impoundment and veterinarian fees as are
charged to the Town of Champlain for such service for the third and
any subsequent impoundment within one year of the most recent impoundment
of any dog owned by that person.
C.
Promptly upon seizure of any identified dog, the owner of record
of such dog shall be notified personally or by certified mail, return
receipt requested, of the facts of seizure and the procedure for redemption.
If notification is personally given, such a dog shall be held for
a period of seven days after the day of notice, during which period
the dog may be redeemed by the owner. If such notification is made
by mail, such a dog shall be held for a period of nine days from the
date of mailing, during which period the dog may be redeemed by the
owner. In either case, the owner may redeem such a dog upon payment
of the impoundment fees prescribed by subdivision two of this section
and by producing proof that the dog has been licensed.
D.
An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period. Any unredeemed dog at the expiration
of the appropriate redemption period shall be made available for adoption
or euthanasia subject to the provisions of § 117 of the
Agriculture and Markets Law.
E.
Any person who observes a dog in violation of this chapter may file
a complaint under oath with Town Justice of the Town of Champlain
or with the Dog Control Officer, or any police officer, specifying
the nature of the violation, the date thereof, a description of the
dog, and the name and residence, if known, of the owner of such dog.
Such a complaint may serve as a basis for enforcing the provisions
of this chapter, the complainant will be asked to testify in court.
F.
The Dog Control Officer observing a violation of this chapter in
their presence shall issue and serve on the owner an appearance ticket
for such violation, which appearance ticket shall be in the form prescribed
by the Criminal Procedure Law of this state and returnable before
a Town Justice of the Town of Champlain.
A.
The Board of Trustees has determined that the regulation and control
of dangerous dogs is a matter of grave concern and that these dogs
pose a serious danger to the health, safety, morals, and general welfare
of the Village of Rouses Point residents and their real and personal
property. It is the intent of the Board of Trustees in the enactment
of this section to impose restrictions on owners of dangerous dogs
in addition to those penalties provided by the New York State Agriculture
and Markets Law to safeguard public health and protect public and
personal property and generally maintain peace and good order within
the Village of Rouses Point.
(1)
Any dog which has attacked or bitten any human being or which habitually
attacks other dogs or domestic animals, or which behaves in a manner
in which imposes a threat of serious bodily injury or death to any
person or any domestic animal, or which has been trained, tormented,
badgered, baited or encouraged to engage in unprovoked attack upon
persons or domestic animals is hereby presumed to be a dangerous dog
for the purposes of this section, until further determination of facts
are made as hereinafter provided.
(2)
The Dog Control Officer shall provide the Village Clerk with a list
of dogs determined to be dangerous under this section or under Article
VII of the New York State Agriculture and Markets Law.
B.
Dangerous dog complaints.
(1)
Any person may make a complaint of an attack, chasing, or harassment
upon a person or of an attack, chasing, or harassment of a companion,
farm, or domestic animal, or service, guide, or hearing dog to the
Town of Champlain Dog Control Officer using the complaint form available
for such purposes. Such officer shall immediately inform the complainant
of their right to commence a proceeding as provided below, and, if
there is reason to believe the dog is a dangerous dog, the officer
shall forthwith commence such proceeding him or herself.
(2)
Any person may, and any Dog Control Officer shall, make a complaint
under oath or affirmation to any Town Justice of such attack, chasing,
or harassment. Thereupon, the Town Justice shall immediately determine
if there is probable cause to believe the dog is a dangerous dog,
and, if so, shall issue an order to any Dog Control Officer or police
officer directing such officer to immediately seize such dog and hold
the same pending judicial determination as herein provided. Whether
or not the Town Justice finds there is probable cause for such seizure,
they shall, within five days and upon written notice of not less than
two days to the owner of this dog, hold a hearing on the complaint.
Pending the disposition of said complaint, the Dog Control Officer
or such other authorized person may order the dog to be muzzled and
leashed while it is being walked and to be confined at the other times.
If satisfied that the dog is a dangerous dog, the Town Justice shall
then order, at the owner's expense, neutering or spaying of the
dog, microchipping of the dog, maintenance of a liability insurance
policy in a minimum amount of $100,000 for personal liability or death
resulting from an attack by such dangerous dog, and one or more of
the following as deemed appropriate under the circumstances and as
deemed necessary for the protection of the public:
(a)
Evaluation of the dog by a certified applied behaviorist, a
board-certified veterinary behaviorist, or another recognized expert
in the field and completion of training or other treatment as deemed
appropriate by such expert;
(b)
Secure, humane confinement of the dog for a period of time and
in a manner deemed appropriate by the court but in all instances in
a manner designed to prevent escape of the dog, and to protect the
public from unauthorized contact with the dog, and to protect the
dog from the natural elements. Such confinement shall not include
tying or chaining;
(c)
Restraint of the dog on a leash by an adult of at least 21 years
of age whenever the dog is on public premises such leash to be nonretractable
and no more than four feet in length; and/or
(d)
Muzzling the dog whenever it is in public premises in a manner
that will prevent it from biting any person or animal, but that shall
not injure the dog or interfere with its vision or respiration.
(3)
Upon a finding that a dog is dangerous, the Town Justice may order, at the expense of the owner, humane euthanasia or permanent confinement of the dog if one of the following aggravating circumstances is established at the judicial hearing held pursuant to Subsection B(2) of this section:
(a)
The dog without justification, attacked a person, causing serious
physical injury of death; or
(b)
The dog, has a known vicious propensity as evidenced by a previous
unjustified attack on a person, which caused serious physical injury
or death; or
(c)
The dog, without justification, caused serious physical injury
to a companion animal, farm animal, or domestic animal, and has, in
the past two years, caused unjustified physical injury or death to
a companion or farm animal as evidenced by a "dangerous dog" finding
pursuant to the provisions of this section.
(4)
An order of humane euthanasia shall not be carried out until expiration
of a thirty-day period for filing a notice of appeal, unless the owner
of the dog has indicated to the Town Justice in writing, their intention
to waive their right to appeal. Upon filing of a notice of appeal,
the order shall be automatically stayed pending the outcome of the
appeal.
(5)
A dog shall not be declared dangerous if the court determines that
the conduct of the dog:
(a)
Was justified because the threat, injury, or damage was sustained
by a person who at the time was committing a crime or offense upon
the owner or custodian or upon the property of the owner or custodian
of the dog; or
(b)
Was justified because the injured person was tormenting, abusing,
or assaulting the dog or has in the past tormented, abused, or assaulted
the dog; or
(c)
Was responding to pain or injury or was protecting itself, its
kennels, or its offspring.
C.
Penalties for offenses.
(1)
The owner or harborer of a dog who, through any act or omission,
negligently permits their dog to bite a person, causing physical injury,
shall be subject to a civil penalty not to exceed $400, in addition
to any other applicable penalties.
(2)
The owner of harborer of a dog who, through any act or omission,
negligently permits their dog to bite a person, causing serious physical
injury, shall be subject to a civil penalty not to exceed $800, in
addition to any other applicable penalties.
(3)
The owner or harborer of a dog who, through any act or omission,
negligently permits their dog, which had previously been determined
to be dangerous pursuant to this section or Article 7 of the New York
State Agriculture and Markets Law, to bite a person, causing serious
physical injury, shall be guilty of a misdemeanor punishable by a
fine of not more than $1,000 or a period of imprisonment not to exceed
90 days, or by both such fine and imprisonment, in addition to any
other applicable penalties.
(4)
If any dog, which had previously been determined by a judge or justice
to be a dangerous dog, shall with justification kill or cause the
death of any person who is peaceable conducting themselves in any
place where they may lawfully be, regardless of whether such dog escapes
without fault of the owner, the owner shall be guilty of a Class A
misdemeanor, in addition to any other penalties.
(5)
The owner or harborer shall not be liable pursuant to Subsection C(1), (2), (3), or (4) if the dog was coming to the aid or defense of a person during the commission or attempted commission of a murder, robbery, burglary, arson, rape in the first degree, sodomy in the first degree, or kidnapping within the dwelling or upon the real property of the owner of the dog and dog injured or killed the person committing such criminal activity.
(6)
No dog which has been so determined to be a dangerous dog under this
section or Article 7 of the New York State Agriculture and Markets
Law shall be permitted to run at large or to be upon any street or
public place in the Town except while securely muzzled and under leash,
and the owner or person harboring any such dangerous dog who shall
suffer or permit such dog to be upon any street, public place, or
private property in the Town of Champlain, other than the property
of the owner or person harboring such dog, while not securely muzzled
and under leash, shall be guilty of a violation of this section.
(7)
No permit to use any future public dog park within the Village of
Rouses Point shall be issued with respect to any dog which has been
so determined to be a dangerous dog under this section or Article
7 of the New York State Agriculture and Markets Law. Such prohibition
shall apply to both resident and nonresident dogs.
(8)
No dog which has been determined to be a dangerous dog under this
section or Article 7 of the New York State Agriculture and Markets
Law shall be permitted to participate in any program, event, seminar,
or any other occasion sponsored by the Village of Rouses Point and/or
any of its departments which takes place on or in any park or facility
owned, operated, and/or any park or facility owned, operated and/or
controlled by the Village of Rouses Point. Such prohibition shall
apply to both resident and nonresident dogs.
(9)
Upon the determination, under this section and/or Article 7 of the
New York State Department of Agriculture and Markets Law, that a dog
is dangerous, all emergency service providers of the Village of Rouses
Point shall be notified that said dangerous dog resides at the premises.
(10)
Nothing contained herein shall limit or abrogate any claim or cause
of action which any person who is injured by a dog with a vicious
disposition or a vicious propensity may have under common law or by
statute. The provisions of this Section shall be in addition to such
common law and statutory remedies.
(11)
As pursuant to Local Law Number 4 of the Year 2009, dated October
5, 2009, any fines or fees accompanied by cruelty or dangerous dogs
become the responsibility of the owner or new owner of the dog.
D.
Pursuant to New York Agriculture and Market Laws relating to the
control of dogs, any dogs deemed as a dangerous dog or with a history
of escaping their invisible fencing, not be allowed to be tethered
with a light-weight tether or contained by invisible fencing and alternatives
such as a physical fence or strong-weighted tether must be used when
the dog is outside.
A.
Any owner or custodian of a dog whose dog has deposited its feces
upon any Village property or upon the property of another shall immediately
remove such feces and cause it to be disposed of in a safe and sanitary
manner. A person will be considered to have disposed of feces in a
safe and sanitary manner if such feces are immediately collected and
placed in a suitable bag and placed in a suitable container for the
collection of garbage and refuse.
B.
For purposes of this section, "Village property" shall mean any property
owned, occupied, or controlled by the Village of Rouses Point, including
but not limited to parks, streets, sidewalks, and grassy areas adjacent
to town streets and sidewalks, and "property of another" shall mean
all property within the Village boundaries which is not owned by the
Village, including, but not limited to, all residential and commercial
property, private streets, sidewalks, and grassy areas located adjacent
to such streets and sidewalks, rights-of-way, and any common area
of a condominium or cooperative.
Any person convicted of a violation of this chapter shall be
liable for a civil penalty of $25 for a first violation, $50 for a
second violation, and $75 for each subsequent violation.
The owner or harborer of any dog so destroyed under the provisions
of this chapter, whether destroyed by the Dog Control Officer, Police
Officer, or released to an authorized SPCA, 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.
Each separate provision of this chapter 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.
This chapter shall supersede all prior local laws, ordinances,
rules, and regulations relative to the control and licensing of dogs
within the Village of Rouses Point, and they shall be, upon the effectiveness
of this chapter, null and void.
Pursuant to the New York State Pet Dealer Licensing Law effective
July 1, 2002, anyone that sells or offers to sell nine or more dogs
per year must be licensed as a pet dealer. Also, you must be licensed
if you engage in the sale of more than 25 dogs born or raised on your
premises per year to the public. Anyone providing acceptable proof
that they are engaged in the business of being a dog dealer and are
licensed as a "pet dealer" pursuant to § 26-A of the New
York Agriculture and Markets Law will be subject to an annual inspection
by the Town of Champlain's Dog Control Officer.
This chapter shall be effective immediately upon filing with
the New York State Secretary of State.
A.
The Town of Champlain Dog Control Officer is responsible for the
enforcement of the regulations of Article 7 of the New York State
Agriculture and Markets laws.
B.
A list of duties include:
(1)
Enforce licensing.
(2)
Seize and impound dogs.
(3)
File and maintain records of the seizure and disposition of dogs.
(4)
Bring an action against any person who has committed any violation
of Article 7 within the Village of Rouses Point.
(5)
Receive complaints of dangerous dogs and commence dangerous dog proceedings.
(6)
Responsible for investigating, impounding, and caring of animals
in accordance with state, county, Village and town laws, and regulations.
(7)
Investigates animal bites and quarantines dogs; transports to the
animal shelter/kennel.
