[HISTORY:[1] Adopted by the Town Board of the Town of New Windsor 12-1-2010 by L.L. No.
4-2010. Amendments noted where applicable.]
[1]
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 I, Dogs, adopted 9-5-1962, as amended, was repealed 12-1-2010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.
A.
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.
B.
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.
C.
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.
Any individual appointed by the Town of New Windsor to enforce
this chapter.
The Town Clerk of the Town of New Windsor.
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.
Any dog which:
Without justification attacks a person, companion animal, farm
animal or domestic animal as defined in this chapter and causes physical
injury or death; or
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
Without justification attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
"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.
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 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.
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.
Any dog trained or used (solely) for the purpose of protection
of people, premises and/or business.
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.
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.
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.
A tag which sets forth an official municipal identification
number as required by the provisions of this chapter.
Any dog carrying an identification tag as provided in § 96-6 of this chapter.
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.
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.
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.
Impairment of physical condition or substantial pain.
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.
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
Any registry association that operates on a nationwide basis
and issues numbered registration certificates.
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.
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 Town of New Windsor
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 State of New York; provided, however, that such services provided
by said dog shall be performed without charge or fee.
A.
Licensing of dogs.
(1)
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. Renewal shall be for a minimum of one year and shall not exceed
three years, based on the validation term of the rabies vaccination.
[Amended 5-4-2022 by L.L. No. 3-2022]
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
B.
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.
C.
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.
D.
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."
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
The Town of New Windsor may establish and maintain a pound or shelter
for dogs.
B.
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.
A.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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).
A.
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.
A.
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.
B.
Any animal control officer or police officer is authorized to enforce
any provision of this section or any other provision of this chapter.
A.
The Animal Control officer or any police officer shall seize:
(1)
Any dog which is not identified and which is not on the owner's premises.
(2)
Any dog not restrained by a leash not longer than 10 feet in length
and not on the owner's premises.
(3)
Any companion, domestic or farm animal that is not on the owner's
premises and is running at large.
(4)
Any dog which is not licensed, whether on or off the owner's premises.
(5)
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.
(6)
Any dog which poses an immediate threat to public safety.
C.
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.
D.
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.
E.
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.[1]
F.
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.
G.
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.
H.
All adopted dogs or cats shall be spayed or neutered before release
from custody at the owner's expense.
J.
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.
B.
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.
C.
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.
A.
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.
A.
It shall be a violation, punishable as provided in § 96-20, for:
(1)
Any owner to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required by this
chapter;
(3)
Any person to knowingly affix to any dog any false or improper identification
tag;
(4)
Any owner or harborer of any dog to fail to confine, restrain or
present such dog for any lawful purpose pursuant to this chapter;
(5)
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;
(6)
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.
(7)
Failure to notify the Town of New Windsor of a change of dog ownership
and/or change of address.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
(13)
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.
B.
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.
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.
B.
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.
