[Adopted 6-19-1974 by L.L. No. 2-1974]
[Amended 4-6-1994 by L.L. No. 2-1994]
It shall be unlawful for any owner of or any
person harboring any dog in the Town of New Hartford to permit or
allow such dog, whether or not tagged or licensed, 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. For the purposes of this article,
a dog or dogs hunting in company with a hunter or hunters shall be
considered as accompanied by its owner.
B. Engage in habitual loud howling or barking or to conduct
itself in such manner so as to habitually annoy any person other than
the owner or person harboring such dog. Howling or barking, audible
from a location beyond the owner's or caretaker's premises, for five
minutes or more with less than one-minute interruption, shall constitute
habitual loud howling or barking in violation of this section.
[Amended 11-19-2003 by L.L. No. 6-2003]
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. Chase or otherwise harass any person in such a manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
E. Habitually chase or bark at motor vehicles. Chasing
or barking at 10 or more motor vehicles during any seven consecutive
days shall constitute a violation of this section.
[Amended 11-19-2003 by L.L. No. 6-2003]
F. Quarantine
for the protection of deer will be enacted by the Town Board of the
Town of New Hartford when certain environmental conditions are met
and pursuant to Agriculture and Markets Law § 120. The Town
will publish in the official newspaper the starting and ending dates
of such quarantine. Any dog found chasing or worrying deer during
said quarantine can be seized. A dog which attacks a deer at any time,
shall be in violation of this section and shall be subject to fines
as set forth herein.
[Added 12-8-2010 by L.L. No. 7-2010]
[Added 4-6-1994 by L.L. No. 2-1994]
It shall be unlawful for any owner of or any
person harboring any pet to permit or allow such pet to:
A. Cause damage or destruction to property or commit
a nuisance upon the premises of a person other than the owner or person
harboring such pet.
B. Harass any person habitually other than its owner.
[Added 9-15-2004 by L.L. No. 1-2004]
A. It shall be the duty of each dog owner or person having
possession, custody or control of a dog to remove any feces left by
his/her dog in any of the Town park facilities, including all parks,
the Recreation Center and the Sanger Public Works Building/Highway
Garage fields.
B. Such dog owner or person shall, while walking his/her
dog(s), have in his/her possession the appropriate equipment to remove
such feces.
C. The Pooper Scooper Regulations shall not apply to
a guide dog, hearing dog, or service dog accompanying any person with
a disability as defined in Subdivision 21 of § 292 of the
Executive Law of the State of New York.
D. The Pooper Scooper Regulations shall be construed
and operated in the same manner as § 1310 of the Public
Health Law of the State of New York.
E. The provisions of this section shall be enforced by
either the Animal Control Officer or a Town police officer.
F. The Town Board reserves the right and shall have the
authority to promulgate and adopt rules and regulations to carry out
the intent and purposes of the Pooper Scooper Regulations. Said rules
and regulations may supplement, modify, and/or amend the express provisions
hereof.
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.
[Amended 8-20-1980 by L.L. No. 5-1980; 12-8-2010 by L.L. No. 7-2010]
A dog control officer or other proper authority
designated by the Town Board, as provided by § 113 of the
Agriculture and Markets Law and other applicable laws and provisions,
may enforce the provisions of this article and may also investigate
and report to a Town Justice any dangerous dog as described in § 123
of the Agriculture and Markets Law and see that the order or orders
of the Town Justice in such case are carried out.
Any person who observes a dog causing damage or destruction to property of a person other than its owner or committing a nuisance upon the premises of a person other than its owner or in violation of any provision of §
56-1 or
56-2 may file a signed complaint, under oath, with a Town Justice of the Town of New Hartford specifying the objectionable conduct of the dog, the date thereof, the damage caused or other violation, a description of the dog and name and residence, if known, of the owner or other person harboring said dog.
Upon receipt by the Town Justice of any complaint
against the conduct of any particular dog, the Town Justice may summon
the alleged owner or other person harboring said dog to appear in
person before him. If the summons is disregarded, the Justice may
permit the filing of an information and issue a warrant for the arrest
of such person.
[Amended 8-20-1980 by L.L. No. 5-1980; 4-6-1994 by L.L. No. 2-1994; 10-5-2005 by L.L. No. 6-2005]
A. An offense against any provision of this article shall
be punishable as follows:
(1) For a first offense, by a fine of up to $100.
(2) For an offense committed within five years of a conviction
for any offense under this article, by a fine of up to $250.
(3) For an offense committed within five years of two
earlier convictions for any offense under this article, a fine of
up to $500 and imprisonment for up to 10 days.
C. The owners of pets impounded for any reason will be
charged an impoundment fee equal to one day of the sheltering expenses.
D. Shelter expenses that will be paid by the owner before
the pet is released will be the same amount that the Town of New Hartford
is charged by the sheltering agency.
[Amended 8-20-1980 by L.L. No. 5-1980; 12-8-2010 by L.L. No. 7-2010]
The seizure and redemption of dogs in violation
of this article shall be as provided in § 117 of the Agriculture
and Markets Law of the State of New York.
[Adopted 12-8-2010 by L.L. No. 7-2010]
This article is enacted pursuant to the provisions of (Chapter
59; Part T of the Laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
The Town Board of the Town of New Hartford, County of New York,
hereby finds and declares that the purpose of this article is to protect
the health, safety, morals and general welfare of the inhabitants,
visitors and property of the Town of New Hartford, from dog-related
nuisance, damage, or injury, through the establishment and imposition
of certain restrictions, regulations, responsibilities and requirements,
to wit:
A. The
licensing and identification of dogs, the cost of which shall be borne
by those who own and harbor dogs in said Town to the greatest extent
possible.
B. The
control and protection of the dog population.
C. The
control and protection of persons, property, domestic animals and
deer from dog attack and damage.
The Town of New Hartford does not allow the licensing of dogs
by a shelter; all Town of New Hartford adoptive dog owners must apply
for licenses with the Town Clerk of said Town. The shelter must instruct
and send the adoptive dog owners to the Municipal Clerk of the town
or city in which the dog will be harbored for licensing.
Each license application shall be accompanied by a current certificate
of rabies vaccination proving that the dog has been vaccinated against
rabies, or a statement from a licensed veterinarian that such vaccination
would endanger the dog's life, in which case vaccination shall
not be required. The latter statement must contain the veterinarian's
signature and date signed.
Each license application shall be accompanied by a certificate
of spaying or neutering if the owner is claiming the dog's gender
has been altered, thereby entitling the owner to the appropriate fee
for a spayed or neutered dog.
There will not be distinct purebred licenses as previously provided
for by the state. Any and all existing purebred licenses will now
be required to comply with this article.