[HISTORY: Adopted by the Town Board of the
Town of Red Hook 12-14-2010 by L.L. No. 2-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 63,
Dogs, adopted 4-13-1976 by L.L. No. 10-1976, as amended.
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:
The clerk of the Town of Red Hook where licenses are validated
or issued pursuant to this chapter.
The State Commissioner of Agriculture and Markets.
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.
Any member of the species canis familiaris.
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.
The same meaning as such term is defined in § 108(24)
of the New York State Agriculture and Markets Law.
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.
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.
To provide food or shelter to any 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.
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]
Any dog carrying an identification tag as required by § 63-7 of this chapter.
Any person who harbors or keeps any dog.
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.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
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.
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.
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.
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.
Any dog which has been honorably discharged from the United
States armed services.
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.
A.
Any
dog harbored within the Town of Red Hook who is four months of age
or older, unless otherwise exempted, shall be licensed.
B.
No
license shall be required for any dog which is under the age of four
months and which is not at large, or that is residing in a pound or
shelter maintained by or under contract or agreement with the state
or any county, city, town or village, duly incorporated society for
the prevention of cruelty to animals, duly incorporated humane society
or duly incorporated dog protective association.
C.
All
dog licenses will be for a period of one year and will expire at the
end of the month one year from the date of issue, except that in no
event shall such license expire later than the last day of the month
in which the dog's current rabies certificate expires.
D.
In the event an applicant for a license presents, in lieu of a rabies certificate, a statement certified by a licensed veterinarian pursuant to § 63-5D of this chapter, a license shall be issued or renewed for a period of one year from the date of said statement.
E.
The
Town of Red Hook shall provide purebred licenses. To be eligible for
a purebred license, all dogs must be purebred and registered by a
recognized association. The applicant must own and harbor the listed
dogs on the described premises. The purebred license number assigned
will be reserved for the sole use of the named owner. The owner may
procure, at his/her expense, from the Red Hook Town Clerk any number
of tags imprinted with the same number as the purebred license. One
such tag must be affixed to the collar of each dog harbored pursuant
to the license at all times, provided that a dog participating in
a dog show shall be exempt from this requirement during such participation.
A purebred license is not transferable and, once issued, no refund
may be made. Upon change of ownership of any dog licensed under a
purebred license, such dog must be licensed individually by the new
owner, except when the new owner holds a valid purebred license. A
purebred license shall be renewable annually prior to the expiration
date.
A.
Any dog harbored within the Town of Red Hook which is owned by a
resident of New York City and licensed by the City of New York, or
which is owned by a nonresident of New York State and licensed by
a jurisdiction outside the State of New York, shall for a period of
30 days be exempt from the licensing and identification provisions
of this chapter.
B.
This chapter 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 for the purposes of research to the premises
of any college or other educational or research institution.
C.
This chapter shall not apply to any dog confined to the premises
of any person, firm or corporation engaged in the business of breeding
or raising dogs for profit and licensed as a Class A dealer under
the Federal Laboratory Animal Welfare Act.
A.
The
owner of each dog required to be licensed shall obtain, complete and
return a dog license application together with the license application
fee, any applicable license surcharges and such additional fees and
charges as may be established by the Town of Red Hook.
B.
The
Town of Red Hook does not allow the licensing of dogs by a shelter/pound.
Where the dog to be adopted will be harbored within the Town of Red
Hook, the Shelter/Pound shall send the adoptive dog owners to the
Clerk of the Town of Red Hook for licensing.
C.
The
application for a dog license shall state:
(1)
The name, sex, actual or approximate age, breed, color, and municipal
identification number of the dog, and other identification marks,
if any;
(2)
The name, telephone number, and address of residence of the owner;
(3)
The name, telephone number, and address of the business or place
of employment of the owner;
(4)
The owner's e-mail address, if e-mail contact is requested by the
owner in lieu of mail;
D.
Each
license application shall be accompanied by a certificate of rabies
vaccination or statement from a licensed veterinarian that such vaccination
would endanger the dog's life, in which case vaccination shall not
be required. A copy of such certificate or statement shall be filed
with a copy of the license and shall be made available to the commissioner
upon request for rabies and other animal disease control efforts.
E.
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, provided such certificate or affidavit shall not be required if the same is already on file with the clerk. 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. A copy of such certificate or statement shall be filed with a copy of the license and shall be made available to the commissioner upon request for rabies and other animal disease control efforts. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in§ 63-6 of this chapter.
F.
All dog licenses may be purchased in person from the Town Clerk or
the Dog Control Officer or by regular mail to the Town offices. If
licensing or renewing a license by mail, the appropriate fees and
surcharges must accompany the application forms. The issuance of any
license by the Dog Control Officer shall be under the control and
supervision of the Town Clerk. The Town's copy of any license that
has been issued by the Dog Control Officer and the appropriate fee
should be submitted to the Clerk not less than 30 days from the issue
date.
[Amended 9-11-2012 by L.L. No. 4-2012]
G.
Upon validation by the Town Clerk or the Dog Control Officer, the
application shall become a license for the dog described therein.
[Amended 9-11-2012 by L.L. No. 4-2012]
H.
The Town Clerk or the Dog Control Officer shall provide a copy of
the license to the owner and retain and file in the office of the
Town Clerk a record of the license that shall be made available upon
request to the Commissioner for purposes of rabies and other animal
disease control efforts and actions.
[Amended 9-11-2012 by L.L. No. 4-2012]
I.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog.
A.
The fees for the licensing of dogs shall be established from time
to time by resolution of the Town Board. Any such fee schedule shall,
in addition to the application fee, impose the applicable mandatory
surcharges as required by Article 7 of the Agriculture and Markets.
B.
There shall be no refunds of fees.
C.
The mandatory surcharges imposed in addition to the application fees
shall be remitted to the Department of Agriculture and Markets for
transmittal to the State Comptroller for deposit in the animal population
control fund.
D.
Excepted from payment of the license fee are applications submitted
for a dog license for any guide, hearing, service, war, working search,
detection, police and therapy dogs. Each copy of a license for such
dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service
Dog," "War Dog," "Working Search Dog," "Detection dog," "Police Work
Dog," or "Therapy Dog."
E.
The Town of Red Hook shall not be required to expend in any calendar
year for dog control officer and pound or shelter services undertaken
pursuant to this chapter an amount of money greater than it receives
during such year pursuant to this section.
A.
Each dog licensed pursuant to this chapter shall be assigned, at
the time the dog is first licensed, a municipal identification number.
Such identification number shall be carried by the dog on an identification
tag which shall be affixed to a collar on the dog at all times.
B.
A dog participating in a dog show shall be exempt from the identification
requirement of this section during such participation.
C.
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which that number has been
assigned.
D.
Where a license for any guide dog, service dog, hearing dog or detection
dog is issued, the licensing official may issue a special tag for
identifying such dog, provided that such tag shall be in addition
to the identification tag required by this section.
A.
In the event of a change in the ownership of any dog which has been
licensed pursuant to this chapter or in the address of the owner of
record of any such dog, the owner of record shall, within 10 days
of such change, file with the Clerk of the Town of Red Hook a written
report of such change. Such owner of record shall be liable for any
violation of this chapter or of Article 7 of the Agriculture and Markets
Law until such filing is made or until the dog is licensed in the
name of the new owner.
B.
If any dog which has been licensed pursuant to this chapter is lost
or stolen, the owner of record shall, within 10 days of the discovery
of such loss or theft file with the clerk of the Town of Red Hook
a written report of such loss or theft. In the case of a loss or theft,
the owner of record of any such dog shall not be liable for any violation
of this chapter or of Article 7 of the Agriculture and Markets Law
committed after such report is filed.
C.
In the case of a dog's death, the owner of record shall so notify
the clerk of the Town of Red Hook either prior to renewal of licensure
or upon the time of such renewal as set forth on the dog license.
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:
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.
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.
A.
The Town Board of the Town of Red Hook shall by resolution appoint
one or more Dog Control Officers for the purpose of assisting, within
the Town of Red Hook, with the control of dogs and the enforcement
of this chapter and Articles 7 and 26 of the Agriculture and Markets
Law. Such dog control officer(s) shall serve at the pleasure of the
Town Board for a term of one year, renewable at the discretion of
the Town Board.
B.
In lieu of or in addition to the appointment of a Dog Control Officer
or Officers, the Town of Red Hook may contract for dog control officer
services with any other municipality or with any incorporated humane
society or similar incorporated dog protective association, or shall
appoint, jointly with one or more other municipalities, one or more
Dog Control Officers having jurisdiction in each of the cooperating
municipalities.
C.
The Dog Control Officer(s) is hereby authorized, in any case in which
he or she deems it necessary, to call for assistance in the enforcement
of this chapter or of Articles 7 and 26 of the Agriculture and Markets
Law and to request the assistance of any other peace officer or police
officer with jurisdiction.
D.
The Town Board shall provide the Dog Control Officer, from the funds
of the Town, with such equipment as may be necessary to carry out
the duties imposed on him or her by this section.
E.
The Town Board shall prescribe the work rules and schedules covering
the performance of the duties of the Dog Control Officer and the enforcement
of this chapter.
A.
The Dog Control Officer(s) or his/her authorized agent or representative,
having reasonable cause to believe that a person has violated this
chapter, may issue an appearance ticket pursuant to § 150.20
of the Criminal Procedure Law, to serve a summons and to serve and
execute any other order or process in the execution of the provisions
of this chapter and/or Articles 7 and 26 of the Agriculture and Markets
Law, including the seizure of dogs pursuant to § 117 of
the Agriculture and Markets Law.
B.
In addition, any Dog Control Officer or any peace officer, when acting
pursuant to his special duties, or police officer, who is authorized
by the state or any municipality to assist in the enforcement of this
chapter and Articles 7 and 26 of the Agriculture and Markets Law,
may serve any process, including an appearance ticket, a uniform appearance
ticket and a uniform appearance ticket and simplified information,
related to any proceeding, whether criminal or civil in nature, undertaken
in accord with the provisions of this chapter.
C.
An answer to such appearance ticket shall be made within 10 days
of the violation, by registered mail, return receipt requested, in
lieu of a personal appearance on the return date at the time and court
specified in the appearance ticket.
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.
A.
The Dog Control Officer shall respond to all complaints made to him
or her under the provisions of this chapter.
B.
A person aggrieved by a violation of the provisions of this chapter
may complain to the Dog Control Officer. The Dog Control Officer shall
thereupon investigate such complaint and, if satisfied with the identity
and ownership of the dog responsible for such violation, shall provide
the aggrieved person with a complaint form. The complaint shall specify
the objectionable conduct of the dog; the date thereof; the damage
caused, if any; a description of the dog and the name and residence,
if known, of the owner or of the person harboring the dog. Said complaint
must be signed and duly notarized before a notary public of the State
of New York or a Town Justice of the Town of Red Hook.
C.
The Dog Control Officer shall keep and maintain records of all complaints received and of the disposition thereof in accordance with the provisions of § 63-12 of this chapter.
D.
The Town Board may, either individually or in cooperation with other
municipal entities, require its Dog Control Officer or any other authorized
agent to ascertain and list the names of all persons in the municipality
owning or harboring dogs, or in lieu thereof may contract to have
the same done.
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.
A.
The procedure for the seizure of dogs shall be conducted in accordance
with § 117 of the Agriculture and Markets Law.
B.
The owner of a dog that is not identified, whether or not licensed,
so seized, may redeem such dog within five days, excluding the day
the dog is impounded, from the day the dog is impounded, by exhibiting
to the Dog Control Officer a valid license for said dog and by paying
to the Town Clerk the required fee as set forth herein.
C.
In the event that the Dog Control Officer shall seize a dog bearing
a license tag, whether current or expired, the Dog Control Officer
shall promptly upon seizure ascertain the name of the owner of the
dog and personally serve such owner, or an adult member of the owner's
family, with a notice, in writing, stating that the dog has been seized
and will be sold or destroyed unless redeemed within a period of 12
days after such notification, by paying to the Town Clerk the required
fee. Alternatively, the Dog Control Officer shall mail a copy of said
notice to the address identified on the license tag by certified mail,
return receipt requested. In such event, the owner shall have 12 days
from the date of the letter to redeem such dog in accordance with
the requirements of this section.
D.
An owner redeeming their dog shall pay impoundment fees as set forth
in a fee schedule established by resolution of the Town Board. Such
fee schedule may thereafter be amended from time to time by resolution.
In addition to the aforementioned fees, the owner redeeming their
dog shall pay all reasonable expenses incurred as a result of said
impoundment. Expenses include but are not limited to shelter, food,
and veterinary costs necessitated by the seizure and/or handling of
the dog in accordance with this chapter and/or Article 7 of the New
York State Agriculture and Markets Law.
[Amended 9-11-2012 by L.L. No. 4-2012; 8-26-2020 by L.L. No. 1-2020]
E.
An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period, and the dog shall then be made
available for adoption or euthanized subject to section 117 of the
Agriculture and Markets Law.
F.
Impoundment fees shall be collected and used in accordance with § 117
of the Agriculture and Markets Law.
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.
