[HISTORY: Adopted by the Town Board of the Town of New Lebanon as indicated in article histories. Amendments noted where applicable.]
Parks and recreation — See Ch. 152.
[Adopted 3-14-2011 by L.L. No. 2-2011]
Editor's Note: This local law also repealed former Art. I, Licensing, Identification and Control of Dogs, adopted 12-13-2010 by L.L. No. 5-2010.
The purpose of this article 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.
[Amended 4-9-2019 by L.L. No. 1-2019]
As used in this article, the following terms shall have the meanings indicated:
- The Clerk of the Town of New Lebanon where licenses are validated or issued pursuant to this article.
- 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.
- Any member of the species canis familiaris.
- DOG CONTROL OFFICER
- Any individual(s) appointed by the Town Board of the Town of New Lebanon to assist in the enforcement of this article and of Article 7 of the Agriculture and Markets Law.
- DOG, DANGEROUS
- The same 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 article.
- GUIDE DOG
- Any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose.
- To provide food or shelter to any dog.
- HEARING DOG
- Any dog that is trained to aid a person who is deaf or hard of hearing and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose.
- IDENTIFICATION TAG
- A tag issued by the Clerk of the Town of New Lebanon 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.
- Any person who harbors or keeps any dog.
- OWNER OF RECORD
- The person in whose name any dog was last licensed pursuant to this article, 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 § 71-9 of this article, 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.
- 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.
- 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 during the period such dog is being trained or bred for such purpose, and does not qualify under federal or state law or regulations as a service dog.
- 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.
[Amended 4-9-2019 by L.L. No. 1-2019]
The owner of any dog harbored within the Town of New Lebanon who is four months of age or older, unless otherwise exempted, shall be licensed.
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.
A one-year dog license 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.
An optional three-year license will expire at the end of the month three years 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. Such three-year license shall be provided for a reduced application fee as determined from time to time by resolution of the Town Board.
In the event an applicant for a license presents, in lieu of a rabies certificate, a statement certified by a licensed veterinarian pursuant to § 71-5D of this article, a license shall be issued or renewed for a period of one year from the date of said statement.
The Town of New Lebanon 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 New Lebanon 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. Application fees for a purebred license shall be determined from time to time by resolution of the Town Board.
[Amended 4-9-2019 by L.L. No. 1-2019]
Any dog harbored within the Town of New Lebanon which is (1) owned by a resident of any city having a population over two million or by a nonresident of this state and (2) licensed pursuant to provisions of law of the area of residence shall for a period of 30 days be exempt from the licensing and identification provisions of this article.
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 for the purposes of research to the premises of any college or other educational or research institution.
This article 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.
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 New Lebanon.
The Town of New Lebanon does not allow the licensing of dogs by a shelter/pound. Where the dog to be adopted will be harbored within the Town of New Lebanon, the shelter/pound shall immediately notify the Clerk of the adoption, including the name and address of the owner, and shall send the adoptive dog owner to the Clerk of the Town of New Lebanon for licensing. Such owner shall have a period of 10 days to submit an application for a dog license with the Clerk of the Town.
The application for a dog license shall state:
The name, sex, actual or approximate age, breed, color, and municipal identification number of the dog, and other identification marks, if any;
The name, telephone number, and address of residence of the owner;
The name, telephone number, and address of the business or place of employment of the owner;
The owner's e-mail address;
Unless exempt pursuant to Subsection D of this section, the date of the most recent rabies shot and any additional information as required by the application form; and
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.
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§ 71-6 of this article.
All dog licenses may be purchased by visiting the Town offices or by regular mail. If licensing or renewing a license by mail, the appropriate fee must accompany the application form(s).
Upon validation by the Clerk, the application shall become a license for the dog described therein.
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.
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 Law.
There shall be no refunds of fees.
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.
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."
The Town of New Lebanon shall not be required to expend in any calendar year for dog control officer and pound or shelter services undertaken pursuant to this article, an amount of money greater than it receives during such year pursuant to this section.
The Town Board may at its own discretion provide for a senior discount from the application fees established by this section.
Where applicable, the possession or ownership of any seeing eye, service or therapy dog or hearing dog shall be governed by Article 7 of the Agriculture and Markets Law.
Each dog licensed pursuant to this article 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.
A dog participating in a dog show shall be exempt from the identification requirement of this section during such participation.
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.
In the event of a change in the ownership of any dog which has been licensed pursuant to this article 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 New Lebanon a written report of such change. Such owner of record shall be liable for any violation of this article 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.
If any dog which has been licensed pursuant to this article 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 New Lebanon 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 article or of Article 7 of the Agriculture and Markets Law committed after such report is filed.
In the case of a dog's death, the owner of record shall so notify the Clerk of the Town of New Lebanon 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 any dog in the Town of New Lebanon to permit or allow such dog to:
Run at large unless said dog is restrained by an adequate collar and leash or unless accompanied by its owner or a responsible person able to control the animal, except on the owner's property. For the purpose of this article, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by its owner.
Engage in habitual howling or barking or to conduct itself in such a manner so as to habitually annoy any person. The term "habitual" shall mean on more than two occasions.
Cause damage or destruction to property, or commit a nuisance upon the premises of a person other than the owner or person harboring such a dog.
Bite, jump, chase or otherwise harass any person or animal in such a manner as to reasonably cause intimidation, bodily harm or injury or to put such person or animal in reasonable apprehension of bodily harm or injury.
Habitually chase or bark at automobiles, bicycles or other vehicles.
Except as otherwise permitted in this article, be without a current rabies vaccination if older than four months.
Except as otherwise permitted in this article, be without a license and wearing a tag.
It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to the premises of such person during such period.
This article may be enforced by the Dog Warden or Dog Control Officer of the Town of New Lebanon or the Town Constable or any State Police officer or Columbia County Sheriff or Deputy Sheriff, who shall be entitled to issue an appearance ticket or file an information with the Justice or Town Court of the Town of New Lebanon for alleged violations of this article. Any such officer may also investigate and report to a Town Justice of the Town of New Lebanon any dangerous dog as described in Article 7 of the Agriculture and Markets Law, and see that the order or orders of the Town Court or its Justices are, in such cases, carried out.
The Town Board of the Town of New Lebanon shall by resolution appoint one or more Dog Control Officers for the purpose of assisting, within the Town of New Lebanon, with the control of dogs and the enforcement of this article and Article 7 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.
In lieu of or in addition to the appointment of a Dog Control Officer or Officers, the Town of New Lebanon 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.
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 article 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.
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.
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 article.
The Dog Control Officer(s) or his/her authorized agent or representative having reasonable cause to believe that a person has violated this article 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 article and/or Article 7 of the Agriculture and Markets Law, including the seizure of dogs pursuant to § 117 of the Agriculture and Markets Law.
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 article 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 article.
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.
The Dog Control Officer shall respond to all complaints made to him or her under the provisions of this article.
A person aggrieved by a violation of the provisions of this article 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 New Lebanon.
The Dog Control Officer shall keep and maintain records of all complaints received and of the disposition thereof in accordance with the provisions of § 71-9.6 of this article.
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 article, the Dog Control Officer shall deliver such dog to the agency designated by the Town Board of the Town of New Lebanon for keeping and custody in accordance with § 71-9.9 of this article.
[Anended 5-10-2016 by L.L. No. 1-2016]
The procedure for the seizure of dogs shall be conducted in accordance with § 117 of the Agriculture and Markets Law. In addition to the provisions in § 117 of the Agriculture and Markets Law authorizing the Town of New Lebanon to seize dogs, the Town may also seize any dog permitted or allowed to violate § 71-9.1 or § 71-9.2 of this article or any dog not in the control of the owner or custodian and not on the premises of the dog's owner or custodian.
In accordance with § 117 of the Agriculture and Markets Law, the owner of a dog that is not identified, whether or not licensed, so seized, may redeem such dog within such time period as set forth in the town's Dog Control Policy and Fee Schedule for the Impoundment of Dogs (hereinafter "Policy"), excluding the day the dog is impounded, from the day the dog is impounded, by exhibiting a valid license for said dog and by paying the required fee as set forth herein.
Editor's Note: Said policy is on file in the Town offices.
In accordance with § 117 of the Agriculture and Markets Law, 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, adopted or destroyed unless redeemed within a period of time set forth in the Town's Policy after such notification, by paying to the Town Clerk or the Columbia-Greene Humane Society the required fee and producing proof that the dog has been licensed. 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 a period of time as set forth in the Town's Policy from the date of the mailing to redeem such dog in accordance with the requirements of this section.
An owner redeeming his/her dog shall pay impoundment fees and fines as set forth in the Town's Policy, as same may be amended from time to time.
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 §§ 117 and 374 of the Agriculture and Markets Law.
[Amended 4-9-2019 by L.L. No. 1-2019]
Unless otherwise provided by Article 7 of the Agriculture and Markets Law, any person who shall violate any provision of this article shall be guilty of a violation and subject to the following penalties:
For a violation of any provision other than Subsection F of § 71-9.1, a fine of not less than $25 nor more than $100; except that:
For each violation of Subsection F of § 71-9.1, a fine of not less than $100 nor more than $250; except that:
Each day that a violation of this article shall continue shall constitute a separate offense.
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:
This article shall not be deemed to supersede any other duty or obligation on the part of dog owners as imposed by any other ordinance, law or statute, and is specifically in addition thereto.
[Adopted 12-10-2007 by L.L. No. 9-2007]
It shall be unlawful for any owner or person in custody or control of any dog or cat to allow such dog or cat to defecate upon the public property of the Town, the highways of the Town, and the private property of another other than the owner or keeper of said dog or cat. If such dog or cat shall defecate upon property other than that of the owner or keeper of the said animal, the owner or keeper must immediately clean up the feces or excrement left by the dog or cat and make proper disposition of it so as not to endanger the health and safety of the public.
It shall be unlawful for anyone to walk a dog in the Town of New Lebanon on property other than the owner's or keeper's property without carrying the necessary implements to make sure any dog feces are immediately cleaned up and properly disposed of. A Town Constable or any State Police Officer or Columbia County sheriff or Deputy Sheriff and/or Dog Warden or Dog Control Officer of the Town of New Lebanon shall be permitted to approach anyone walking a dog in the Town of New Lebanon on property other than the owner's or keeper's property and demand to be shown the necessary implements as called for in this subsection. Failure to carry the necessary implements shall be a separate and distinct violation of this article. The phrase "necessary implements" as used in this subsection shall mean a bag or container suitable for removing and disposal of feces or excrement.
This article may be enforced by the Dog Warden or Dog Control Officer of the Town of New Lebanon or the Town Constable or any State Police officer or Columbia County Sheriff or Deputy Sheriff, who shall be entitled to issue an appearance ticket or file an information with the Justice or Town Court of the Town of New Lebanon for alleged violations of this article.
[Amended 4-9-2019 by L.L. No. 1-2019]
Any person who violates § 71-10 of this article shall be guilty of a violation and shall be fined no less than $75 and no more than $250 for each first offense. For a second offense within a five-year period, the fine shall be no less than $175 and no more than $350; for a third offense or more within a five-year period, the fine shall be no less than $275 and no more than $450. Each violation of this article shall constitute a separate offense.
It is an affirmative defense to prosecution under this article that the person in control of the dog or cat is the owner of the premises where the dog or cat deposits feces.