[HISTORY: Adopted by the Town Board of the Town of New Windsor 12-1-2010 by L.L. No. 4-2010. Amendments noted where applicable.]
Editor's Note: Former Ch. 96, Animals, which consisted of Art. I, Dogs, adopted 9-5-1962, as amended, was repealed 12-1-2010 by L.L. No. 3-2010.
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.
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.
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, provided that such person, firm or corporation has obtained a certificate of exemption. Application for such certificate shall be made annually to the Town Clerk and shall be accompanied by a fee of $250.
Any dog harbored within the Town of New Windsor which is owned by a resident of New York City or 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.
As used in this chapter, unless otherwise expressly stated, the following words shall have the meanings indicated:
- The delivery of any dog or any cat seized or surrendered to any natural person 18 years of age or older, for the limited purpose of harboring a pet.
- ANIMAL CONTROL OFFICER
- Any individual appointed by the Town of New Windsor to enforce this chapter.
- The Town Clerk of the Town of New Windsor.
- COMPANION ANIMAL or PET
- Any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. "Pet" or "companion animal" shall not include a farm animal as defined in this section.
- A. Any dog which:
- (1) Without justification attacks a person, companion animal, farm animal or domestic animal as defined in this chapter and causes physical injury or death; or
- (2) Behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals; or
- (3) Without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death.
- B. "Dangerous dog" does not include a police work dog, as defined in this chapter, which acts in the manner described in this paragraph while such police work dog is being used to assist one or more law enforcement officers in the performance of their official duties.
- 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.
- 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.
- To bring about death by a humane method.
- FARM ANIMAL
- As used in this chapter, means any ungulate, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals, as defined in § 11-1907 of the New York State Environmental Conservation Law, which are raised for commercial or subsistence purposes. "Fur-bearing animal" shall not include dogs or cats.
- GUARD DOG
- Any dog trained or used (solely) for the purpose of protection of people, premises and/or business.
- GUIDE DOG
- Any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the Town of New Windsor during the period such dog is being trained or bred for such purpose.
- HABITUAL (HABITUALLY)
- Any dog barking, whining, etc., for repeated intervals of at least 10 minutes with less than four-minute interruption, which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the owner's or harborer's premises.
- 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 Town of New Windsor during the period such dog is being trained or bred for such purpose.
- IDENTIFICATION TAG
- A tag which sets forth an official municipal identification number as required by the provisions of this chapter.
- OFFICIAL IDENTIFICATION NUMBER
- A series or combination of letters, numbers or symbols that include the name of the Town of New Windsor, a reference to the "State of New York" and Town Clerk contact information, including a telephone number, and any other information deemed necessary by the Town of New Windsor. Said information shall be located on the identification tag.
- Any person who harbors or keeps any dog.
- OWNER OF RECORD
- The person in whose name any dog was last licensed pursuant to Subsection A of § 96-4 of 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 statement pursuant to the provisions of § 96-7 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.
- PERSON WITH A DISABILITY
- Any person with a disability as that term is defined in Subdivision 21 of § 292 of the Executive Law of the State of New York.
- PHYSICAL INJURY
- Impairment of physical condition or substantial pain.
- 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.
- POUND or SHELTER
- An establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
- RECOGNIZED REGISTRY ASSOCIATION
- Any registry association that operates on a nationwide basis and issues numbered registration certificates.
- SERIOUS PHYSICAL INJURY
- Physical injury which creates a substantial risk of death, or which causes death or serious or protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
- 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 Town of New Windsor 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 State of New York; provided, however, that such services provided by said dog shall be performed without charge or fee.
Licensing of dogs.
The owner of any dog reaching the age of four months shall immediately make application for a dog license. No license shall be required for any dog which is under the age of four months and which is not at large. Except as otherwise provided in this subsection, a license shall be issued or renewed for a period of one year, and provided further, no license shall be issued for a period expiring after the last day of the eleventh month following the expiration date of the current rabies certificate for the dog being licensed. All licenses shall expire on the last day of the last month of the period for which they are issued. In the event an applicant for a license presents, in lieu of a rabies certificate, a statement certified by a licensed veterinarian, as provided in Subsection A(5) of this section, a license shall be issued or renewed for a period of one year from the date of said statement.
Application for a dog license for any dog harbored within the Town of New Windsor shall be made to the Town Clerk of the Town of New Windsor.
Dogs of any age which are held at a shelter pursuant to a contract or agreement with any county, city, town, village or duly incorporated society for the prevention of cruelty to animals, humane society or dog protective association do not have to be licensed until such time as they are adopted.
The application shall state the sex, actual or approximate age, breed, color, and official identification number of the dog, and other identification marks, if any, and the name, address, telephone number, county and town of the residence of the owner.
The application shall be accompanied by the license fee prescribed by § 96-5 of this chapter and a certificate of rabies vaccination or statement in lieu thereof, as required by this section. 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. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in § 96-5 of this chapter.
Upon validation by the clerk, the application shall become a license for the dog described therein. Once an application has been validated, no refund of the application fee shall be made.
In addition to the license fee established by this chapter, each applicant for a dog license shall pay a surcharge as adopted by the Town of New Windsor in the Schedule of Fees that will be remitted to the Department of Agriculture and Markets for transmittal to the State Comptroller for deposit in the population control fund.
In addition to the license fee imposed by this section of this chapter, each applicant for a dog license shall pay a surcharge as adopted by the Town of New Windsor in the Schedule of Fees which shall be retained by Town of New Windsor and used to defray the cost of an enumeration of dogs living within Town of New Windsor and the cost of providing replacement identification tags.
There shall be no fee for any license issued for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog."
Each dog licensed pursuant to § 96-5 of this chapter shall be assigned, at the time the dog is first licensed, a permanent official 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, provided that a dog participating in a dog show shall be exempt from this requirement during such participation.
The official municipal identification number shall constitute the official identification of the dog to which it is assigned, regardless of changes of ownership, and the number shall not be reassigned to any other dog during the lifetime of the dog to which it is assigned.
No tag carrying an official identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.
The shape, size and form of imprints on identification tags shall be prescribed by the Town of New Windsor, and any tag bearing an imprint other than that prescribed shall not constitute valid identification for the purposes of this chapter.
In the event of a change in the ownership of any dog which has been assigned an official municipal identification number 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 Town Clerk a written report of such change. Such owner of record shall be liable for any violation of this chapter until such filing is made or until the dog is licensed in the name of the new owner.
If any dog which has been assigned an official municipal identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, file with the Town Clerk 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 committed after such report is filed.
In the case of a dog's death, the owner of record shall so notify the Town Clerk either prior to renewal of licensure or upon the time of such renewal as set forth in § 96-4. The failure to notify the Town Clerk of the death of a dog as so required herein shall constitute a violation and the owner of record shall be held liable.
Any animal control officer or police officer of the Town of New Windsor shall have the power to 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. In addition, any animal control officer or police officer of the Town of New Windsor 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 accordance with the provisions of this chapter or ordinance(s) promulgated pursuant thereto.
The animal control officer or police officer 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.
The Town of New Windsor may establish and maintain a pound or shelter for dogs.
In lieu of or in addition to establishing and maintaining such pound or shelter, the Town of New Windsor may contract for pound or shelter services with any other municipality or with any incorporated humane society or similar incorporated dog protective association, or may establish and maintain, jointly or with one or more other municipalities, a pound or shelter.
The Town of New Windsor, pursuant to New York State Agriculture and Markets Law § 115, 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 chapter.
It shall be unlawful for any person or corporation owning, keeping, harboring or having the custody or possession of any dog, whether registered or not, to permit such dog at any time to be in or upon any public street, avenue, road or highway or in or upon any public place or to permit such dog at any time to run at large in the Town unless such dog shall be led by a chain, cord, thong or other leash not exceeding 10 feet in length in the hands of a person capable of leading and controlling such dog or shall be securely confined in an automobile or other vehicle.
This section shall not prohibit the keeping of a dog on private premises occupied by its owner or harborer. When, in the discretion of a court of competent jurisdiction, an unrestrained dog is determined to be a nuisance to adjoining or neighboring property owner(s), appropriate restraints or a perimeter fence may be required.
Proof that a dog has been in a public park or public street unleashed should be prima facie evidence of a violation of this chapter by the person owning or harboring said dog.
Owners are responsible for dogs walked or exercised in public areas, including streets or sidewalks, and shall be required to remove from said street, sidewalk or public area any excretion or other residue caused by said animal. This section shall not apply to licensed hunting dogs during the hunting season while under the control of a licensed hunter and shall not apply to hunting dogs when on trial runs. This section shall also not apply to farmers whose dogs are used in the performance of their duties as farm dogs while on the premises of a farmer's owned or leased property.
Persons or corporations owning a guard or watch dog(s) must post on all gates and entrances to the property and post in other conspicuous places signs which specifically state that there is a guard or watch dog(s) on the premises.
Persons or corporations owning a guard or watch dog(s) must notify in writing the Town Clerk, Fire Department, Ambulance Corps, Police Department and Water Department of the location and emergency contact numbers of person(s) capable of handling such dog(s).
No person shall breed or attempt to breed or aid or abet the breeding of any animal in any public place within the Town or any place within the Town not entirely enclosed and completely screened from observation.
Section 123 of the New York State Agriculture and Markets law, Dangerous dogs, as currently codified or as may be amended from time to time, is incorporated in full as part of this chapter.
Any animal control officer or police officer is authorized to enforce any provision of this section or any other provision of this chapter.
The Animal Control officer or any police officer shall seize:
Any dog which is not identified and which is not on the owner's premises.
Any dog not restrained by a leash not longer than 10 feet in length and not on the owner's premises.
Any companion, domestic or farm animal that is not on the owner's premises and is running at large.
Any dog which is not licensed, whether on or off the owner's premises.
Any licensed dog which is not in the control of its owner or custodian or not on the premises of the dog's owner or custodian, if there is probable cause to believe the dog is a dangerous or vicious dog.
Any dog which poses an immediate threat to public safety.
Any animal control officer or police officer may seize any dog in violation of any local law or ordinance relating to the control of dogs or animals.
Each dog seized in accordance with the provisions of this chapter shall be properly sheltered, fed, provided medical care (if necessary) and watered for the redemption period as hereinafter provided.
Each dog which is not identified, whether or not licensed, shall be held for a period of seven days from the day seized, 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 as adopted by the Town of New Windsor in the Schedule of Fees.
Promptly upon seizure of any identified dog, the owner of record at the last known address of such dog shall be notified personally or by certified mail, return receipt requested, of the fact of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees prescribed by Subsection E of this section and by producing proof that the dog has been licensed.
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 Subsections E and F of this section and subject to the provisions of § 374 of the New York State Agriculture and Markets Law, provided that no dog in the custody of a pound or shelter shall be delivered for adoption unless it has been licensed pursuant to the provisions of this chapter prior to its release from the custody of a pound or shelter.
All adopted dogs or cats shall be spayed or neutered before release from custody at the owner's expense.
No liability in damages or otherwise shall be incurred by the Town of New Windsor on account of the seizure, euthanization or adoption of any dog pursuant to the provisions of this chapter.
No female dog in season (estrus) shall be permitted to be left unattended while on or off the owner's premises for as long as said dog shall remain in season.
Any person disturbed by a habitually barking dog or a dog causing a disturbing noise shall file a written complaint against the individual owning or harboring the dog, or both. The complaint shall be filed with the Town Animal Control Officer or the Town Police. The Town Animal Control Officer or Town Police shall summon the person owning or harboring the dog, or both, to the Town Justice Court.
In the event of a third or subsequent violation of this section, the dog may be ordered seized pursuant to an order of the Town Justice.
All complaints regarding dangerous dogs, dogs causing a nuisance by means of attack or chasing or dogs causing other disturbances shall be submitted in writing to the Town Animal Control Officer (ACO) or the Town Police. The animal control officer or Town Police shall thereafter take appropriate action pursuant to the Agriculture and Markets Law or any other law or ordinance in effect in the State of New York or the Town of New Windsor.
It shall be a violation, punishable as provided in § 96-20, for:
Any owner to fail to license any dog;
Any owner to fail to have any dog identified as required by this chapter;
Any person to knowingly affix to any dog any false or improper identification tag;
Any owner or harborer of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this chapter;
Any person to furnish any false or misleading information on any form required to be filed with the Town of New Windsor pursuant to the provisions of this chapter;
The owner or harborer of any dog to fail to exercise due diligence in handling his or her dog if the handling results in harm to another person, companion animal, domestic animal, farm animal, guide dog, hearing dog, or service dog.
Failure to notify the Town of New Windsor of a change of dog ownership and/or change of address.
Any person to intentionally refuse, withhold, or deny a person any accommodations, facilities, or privileges thereof, because they are accompanied by an on-duty police work dog, working search, war dog, or detection dog as defined in this chapter.
Any person who allows any chain, weights, or any other object to be affixed to a dog's neck other than a lightweight dog collar that contains official municipal identification tag, rabies tag and special identification tags for police dogs guide dog, service dog, hearing dog or detection dog as issued by the Town of New Windsor.
Any owner or harborer to fail to provide clean drinking water and substantial food to any dog or other animal, as defined in § 96-3, during any continuous twenty-four-hour period.
Any owner or harborer to fail to provide and maintain adequate shelter from weather elements including cold/heat, wind and rain. Such shelter shall be of sufficient size for the dog so as to allow it to stand, turn around and lie in without being exposed to the weather.
Any owner or harborer of a companion animal, domestic animal or farm animal to fail to keep said animal(s) on owner's premises and/or permit it to run at large.
Any owner or harborer of a dog to fail to restrain said dog on a leash not longer than 10 feet when not on owner's premises.
It shall be the duty of the animal control officer or a police officer to bring an action against any person who has committed within the Town of New Windsor any violation set forth in this chapter. The Town of New Windsor may elect either to prosecute such action as a violation under the Penal Law or to commence an action to recover a civil penalty.
A violation of any section of this chapter shall be punishable by:
If any dog shall, without justification, attack a person, or behave in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury to a person, when such person is peaceably conducting himself in a place where he may lawfully be, such person or any other person witnessing the attack or threatened attack may destroy such dog while so attacking, and no liability in damages or otherwise shall be incurred on account of such destruction.
If any dog shall, without justification, attack a companion animal, farm animal or domestic animal, or shall behave in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a companion animal, farm animal or domestic animal, where such animal is in any place where it may lawfully be, the owner or caretaker of such animal, or any other person witnessing the attack, may destroy such dog, and no liability in damages or otherwise shall be incurred on account of such destruction.