[Adopted 3-14-2011 by L.L. No. 2-2011]
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:
CLERK
The Clerk of the Town of New Lebanon where licenses are validated
or issued pursuant to this article.
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 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.
HARBOR
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.
IDENTIFIED DOG
Any dog carrying an identification tag as required by §
71-8 of this article.
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 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.
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]
A. 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.
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. 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.
D. 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.
E. 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.
[Amended 4-9-2019 by L.L.
No. 1-2019]
A. 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.
B. 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.
C. 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.
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.
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:
A. 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.
B. Engage in habitual howling, barking, crying, or whining, or conduct
itself in such a manner so as to threaten or annoy any person. The
term "habitual howling, barking, crying, or whining" shall mean howling,
barking, crying and/or whining, or any combination thereof, consistently
or repeatedly during two or more periods of at least 15 minutes each
within any twenty-four-hour period, and which is audible and actually
heard by any person that is located on an adjoining property.
[Amended 4-13-2021 by L.L. No. 2-2021]
C. 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.
D. 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.
E. Habitually chase or bark at automobiles, bicycles or other vehicles.
F. Except as otherwise permitted in this article, be without a current
rabies vaccination if older than four months.
G. 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 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 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.
[Amended 5-10-2016 by L.L. No. 1-2016; 12-8-2020 by L.L. No. 1-2021]
A. The seizure, holding, and redemption of dogs shall be conducted in accordance with § 117 of the Agriculture and Markets Law and the terms set forth herein. 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.
B. Each dog that is seized that is not identified, whether or not licensed, shall be held for at least the redemption period set forth in Paragraph 4 of § 117 of the Agriculture and Markets Law, 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 chapter and further provided that the owner pays the impoundment fees set forth in Subsection
D of this section.
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. Such dog shall be held for at least the applicable redemption period set forth in Paragraph 6 of § 117 of the Agriculture and Markets Law. The owner may redeem such dog during such applicable redemption period upon payment of the impoundment fees set forth in Subsection
D of this section.
D. Pursuant to the authority set forth in Paragraph 4 of § 117
of the Agriculture and Markets Law to establish impoundment fees in
any amount, the total impoundment fees that must be paid by an owner
to redeem a dog that has been seized pursuant to this section shall
be equal to the sum of the following:
(1) The applicable seizure fee; plus
(2) The applicable shelter fee; plus
(3) Any emergency veterinary costs and expenses incurred in connection
with or arising after the seizure of such dog.
(4) For purposes of this subsection, the seizure fee shall be the amount
set by resolution of the Town Board which shall be due immediately
upon seizure of a dog, regardless of whether such dog is sheltered.
For purposes of this subsection, the shelter fee shall equal the sum
of all fees due to any shelter for the impoundage, feeding, and shelter
of such dog, which fees shall be set annually by resolution of the
Town Board.
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 §§ 117
and 374 of the Agriculture and Markets Law.
[Amended 4-9-2019 by L.L.
No. 1-2019]
A. 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:
(1)
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:
(a)
Where the person was previously found to have committed one violation of §
71-9.2 or Subsection
A,
B,
C,
D,
E, or
G of §
71-9.1 within the preceding five years, the fine may not be less than $50 nor more than $200; and
(b)
Where the person was previously found to have committed two or more violations of §
71-9.2 or Subsection
A,
B,
C,
D,
E, or
G of §
71-9.1 within the preceding five years, he/she shall be punished by a fine of not less than $100 nor more than $500, imprisonment for not more than 15 days, or both.
(2)
For each violation of Subsection
F of §
71-9.1, a fine of not less than $100 nor more than $250; except that:
(a)
Where the person was previously found to have committed one violation of Subsection
F of §
71-9.1 within the preceding five years, he/she shall be punished by a fine of not less than $200 nor more than $400; and
(b)
Where the person was previously found to have committed two or more violations of Subsection
F of §
71-9.1 within the preceding five years, he/she shall be punished by a fine of not less than $300 nor more than $500, imprisonment for not more than 15 days, or both.
B. 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:
A. Enforce Article 7 of the Agriculture and Markets Law and this article;
B. Subsidize the spaying or neutering of dogs and any municipal facility
established to provide spaying and neutering services; and
C. Subsidize humane education programs in responsible dog ownership.
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]
[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.