The purpose of this chapter is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, domestic animals and deer from dog attack and damage. It is the intent of this chapter to preserve the public peace and good order in the Town of Red Hook and to contribute to the public welfare and good order of its people by enforcing certain regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of the owners of dogs and the rights and privileges of other citizens of the Town of Red Hook, including the Villages of Red Hook and Tivoli in said Town of Red Hook.
As used in this chapter the following words shall have the following respective meanings:
CLERK The clerk of the Town of Red Hook where licenses are validated or issued pursuant to this chapter.
COMMISSIONER The State Commissioner of Agriculture and Markets.
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(s) appointed by the Town Board of the Town of Red Hook to assist in the enforcement of this chapter and of Articles 7 and 26 of the Agriculture and Markets Law.
DOG, DANGEROUS The same meaning as such term is defined in § 108(24) of the New York State Agriculture and Markets Law.
DOMESTIC ANIMAL Any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail deer which is raised under license from the department of environmental conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the state department of environmental conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this chapter.
GUIDE DOG Any dog that is trained to aid a person who is blind and which 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 the state during the period such dog is being trained or bred for such purpose.
IDENTIFICATION TAG A tag issued by or under the supervision of the Clerk of the Town of Red Hook which sets forth an identification number, together with the name of the Town, the State of New York, contact information, including telephone number, for the Town, and such other information as the Town deems appropriate.
[Amended 9-11-2012 by L.L. No. 4-2012]
IDENTIFIED DOG Any
dog carrying an identification tag as required by §
63-7 of this chapter.
OWNER Any person who harbors or keeps any dog.
OWNER OF RECORD The person in whose name any
dog was last licensed pursuant to this chapter, except that if any license is issued on application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any
dog was last licensed or if the owner of record has filed a change of ownership statement pursuant to §
63-8 of this chapter, 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.
PERSON Any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity.
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.
RUN AT LARGE A dog shall be deemed to be "running at large" if it is elsewhere than on the premises of the owner while not in the control of the owner or the owner's agent and without the consent or approval of the owner of such lands.
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.
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.
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.
In addition to the provisions set forth in Articles 7 and 26 of the Agriculture and Markets Law, it shall be unlawful for any owner of or any person harboring a dog in the Town of Red Hook to fail to control or confine such so that such dog is able to:
A. 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, cruelly beating, injuring, maiming or mutilating said dog.
B. Cause damage or destruction to the property of others.
C. Kill, injure or harass domestic animals.
D. Cause noise which shall annoy or disturb the quiet, comfort or repose of a reasonable person of normal sensibilities. Noise disturbance for more than 15 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 section.
E. Run at large while in heat. Such female shall be confined within a protected area on the premises of such person during such period. If at large, such female shall be subject to seizure and confinement.
F. Run, injure or kill deer.
G. Habitually commit a nuisance upon the premises of anyone other than the owner or harborer of such dog.
H. Habitually chase motor vehicles, motorcycles, bicycles or other conveyances.
I. Be without a license and wearing a tag except for dogs which are:
(1) Kept on a farm and owned by a farmer.
(2) In the field with a hunter during hunting season or for the purpose of being trained for hunting.
J. 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.
The Dog Control Officer(s) when acting pursuant to his/her special duties shall promptly make and maintain a complete record of any seizure and subsequent disposition of any dog. Such record shall include, but not be limited to, a description of the dog, the date and hour of seizure, the official identification number of such dog, if any, the location where seized, the reason for seizure, and the owner's name and address, if known. Such records shall be filed and maintained for not less than three years following the creation of such record, and shall be made available to the commissioner upon request.
If the
Dog Control Officer is unable to determine the ownership or custody of the
dog responsible for the violation of this chapter, the
Dog Control Officer shall deliver such
dog to the agency designated by the Town Board of the Town of Red Hook for keeping and custody in accordance with §
63-15 of this chapter.
Unless otherwise provided by Article 7 of the Agriculture and Markets Law, a violation of this chapter may be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
All revenue derived from licensing fees, other than surcharges, redemption fees, and penalties for offenses, shall be the sole property of the municipality and shall be used only to enforce Article 7 of the Agriculture and Markets Law and this chapter; subsidize the spaying or neutering of dogs and any municipal facility established to provide spaying and neutering services; and subsidize humane education programs in responsible dog ownership.