[Adopted 10-16-1984]
The purpose of this article shall be to promote
the health, safety, morals and general welfare of the Town of Bedford,
including the protection and preservation of the property of the Town
of Bedford and its inhabitants and of the peace and good order, by
adopting and enforcing certain regulations and restrictions on the
privileges of the owners of dogs and the rights and privileges of
the residents of the Town of Bedford and by imposing restrictions
upon the keeping and running at large of dogs within the Town of Bedford.
This article shall be known and may be cited
as the "Town of Bedford Dog Control Ordinance, as amended."
As used in this article, the following terms
shall have the meanings indicated:
A part of that area known and designated on the Tax Assessment
Map of the Town of Bedford as Section 60.12, Block 2, Lot 2 and known
as the “Bedford Canine Tribute Park.”
[Added 4-6-2004 by L.L. No. 7-2004]
A carnivorous domesticated mammal, known as "Canis familiaris,"
and shall include male as well as female.
A person appointed by the Town Board of the Town of Bedford
to assist in the enforcement of this chapter.
[Added 12-21-2010 by L.L. No. 7-2010]
A tag issued by the Town of Bedford Town Clerk's office upon
receipt and approval of a dog license application. The identification
tag sets forth an identification number unique to the dog licensed,
a reference to the Town of Bedford, State of New York and a telephone
number of the Town Clerk's Office for the Town of Bedford.
[Added 12-21-2010 by L.L. No. 7-2010]
A person or corporation owning, harboring or having custody
and control of a dog.
[Added 12-21-2010 by L.L. No. 7-2010]
[Amended 12-16-2008 by L.L. No. 9-2008; 12-21-2010 by L.L. No.
7-2010]
A.
All dogs within the Town of Bedford four months of age or older shall
be licensed. The owner of each dog required to be licensed shall obtain,
complete and return to the Town Clerk's Office a dog license application
together with the license application fee, any applicable license
surcharges and such additional fees as may be established by the Town
of Bedford in the master fee schedule[1] or by resolution. The Town of Bedford does not issue purebred
licenses.
[1]
Editor's Note: Said fee schedule is on file in the Town offices.
B.
Each license application shall be accompanied by proof 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.
C.
Each license issued shall be valid for a period of one year, expiring
on the last day of the month in which said license is issued, and
shall not be transferrable. Upon issuance of the license by the Town
of Bedford, the owner shall receive a municipal identification tag.
D.
All dogs within the Town of Bedford must wear their municipal identification
tag at all times. A dog participating in a dog show is exempt from
wearing its municipal identification tag during the participation
of the show.
E.
Licensing fees:
(1)
The fee for a spayed or neutered dog shall be set by the Town Board in the master fee schedule or by resolution. The fee shall include a state assessment pursuant to § 110-3 of the New York State Agriculture and Markets Law and any other surcharges and/or assessments allowed by law.
(2)
The fee for an unspayed or unneutered dog shall be set by the Town Board in the master fee schedule or by resolution. The fee shall include a state assessment pursuant to § 110-3 of the New York State Agriculture and Markets Law and any other surcharges and/or assessments allowed by law.
(3)
In addition to the license fee imposed herein, each applicant for
a dog license shall pay a surcharge in the amount set forth in the
master fee schedule which shall be retained by the Town of Bedford
and used to defray the cost of an enumeration of dogs living within
the Town of Bedford and the cost of providing replacement identification
tags.
(4)
In addition to the license fee imposed herein, each applicant for a dog license for a dog previously declared a "dangerous dog" under Article III of this chapter or under Article VII of the New York State Agriculture and Markets Law shall pay a surcharge in the amount set forth in the master fee schedule which shall be retained by the Town of Bedford and used to defray the administrative costs of the enforcement of this section.
[Added 11-5-2015 by L.L.
No. 13-2015[2]]
[2]
Editor's Note: This local law also provided for the redesignation
of former Subsection E(4) as Subsection E(5).
F.
G.
The Town of Bedford does not allow the licensing of dogs by a shelter.
The shelter must notify the adoptive owners of their responsibility
to license any dog who will be living within the Town of Bedford within
30 days of adoption. The shelter must provide Bedford with a list
of adoptive owners monthly.
H.
In addition to the other requirements for licensing of dogs contained in this section, the owner of a dog which has previously been determined to be a "dangerous dog" under Article III of this chapter or under Article VII of the New York State Agriculture and Markets Law must, upon application for licensure or license renewal, present the Town of Bedford with proof that said owner has maintained a liability insurance policy in a minimum amount of $100,000 for personal injury or death resulting from an attack by such dangerous dog.
[Added 11-5-2015 by L.L.
No. 13-2015]
It shall be unlawful for an owner of, or any
person harboring, any dog in the Town of Bedford to permit, allow
or suffer any dog to:
B.
Cause damage or destruction of property or commit
a nuisance upon the premises of a person other than the owner or person
harboring such a dog.
C.
Chase or otherwise harass any person in such a manner
as to reasonably cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
D.
Habitually chase or bark at motor vehicles, bicycles,
moving vehicles or animals or, in running at large, cause unreasonable
disturbance.
E.
Run at large when in heat, and such female dog shall
be confined to the premises of such person or of a veterinarian or
in a boarding kennel during such period.
F.
Be off the premises owned or leased by the owner or
harborer of said dog unless said dog is under the visual, voice or
sound control of its owner or a responsible person able to control
the dog.
G.
Attack, bite, molest, maul or harass any person who
is peaceably conducting himself in any place where he may lawfully
be.
The Dog Control Officer and the Police Department
of the Town of Bedford shall be the enforcement officers of the provisions
of this chapter.
The Dog Control Officer shall apprehend any
dog found by him to be in violation of any of the provisions of this
chapter pursuant to Article 7 of the Agriculture and Markets Law of
the State of New York. After not less than 24 hours for an unidentified
dog and 48 hours for an identified dog, the Dog Control Officer shall
deliver the apprehended dog to the custody of the poundkeeper.
The Town of Bedford shall designate a poundkeeper,
who shall receive into its custody and safely keep and properly feed
each dog brought to it by the Dog Control Officer until such dog is
redeemed, adopted or euthanized as hereinafter provided, the Town
retaining ownership or control until redeemed, adopted or euthanized.
The owner of record, custodian or person who
keeps, harbors or otherwise has charge of any dog which has been impounded
pursuant to any provisions of this chapter shall be deemed an offender
and shall be subject to the penalty prescribed in this chapter.
Within 24 hours of the impounding of any dog,
or as soon thereafter as possible, the Dog Control Officer shall notify
the owner or custodian thereof, if ascertainable, of its impoundment.
Upon payment of fees and charges as hereinafter provided by this chapter,
the dog shall be forthwith surrendered to the owner or custodian thereof.
The Dog Control Officer shall apprehend and
impound any dog that is found by him to be in violation of any of
the provisions of this chapter. Within 24 hours, or as soon thereafter
as possible, the Dog Control Officer must serve or have served upon
the owner of record or harborer of such impounded dog a summons returnable
in the Town Court of the Town of Bedford and file with the court a
verified information and supporting deposition by the person or persons
making the complaint.
A dog apprehended pursuant to the provisions
of this chapter will be held by the poundkeeper for redemption for
eight days from the date of apprehension, after which time it may
be offered for adoption for a period not to exceed 30 days from date
of apprehension or euthanized, unless otherwise specified by order
of the Court of the Town of Bedford.
[Amended 3-6-1990]
Any dog apprehended hereunder may be redeemed
by the owner or harborer thereof upon payment of a redemption fee
to the Town Clerk, plus an additional fee for each twenty-four-hour
period or part thereof that the dog is held in the Town of Bedford,
as well as the appropriate license fee if the dog is unlicensed. No
dog may be redeemed without a receipt indicating payment of fees.
All fees hereunder are as set forth on the fee schedule approved by
the Town Board. All fees collected shall be turned over to the Supervisor
for the Dog Control Fund of the Town of Bedford.
No person shall interfere with the capture or
conveying to the pound or the impounding of any dog directed to be
impounded hereby, and no person shall rescue any such dog from the
pound.
[Amended 4-6-2004 by L.L. No. 7-2004; 5-18-2010 by L.L. No.
2-2010]
No dog shall be allowed in any public park of the Town of Bedford or in the Neighborhood Business District of Bedford Village; the Planned Business Retail Zone on Route 22 (Old Post Road), Bedford Village; the Central Business Zone of Bedford Hills; the Central Business Zone of Katonah, as defined by the Code of the Town of Bedford in § 125-5 thereof and the Official Zoning Map of the Town of Bedford referred to therein, unless the dog is restrained by a leash or is within a motor vehicle. The foregoing does not apply to the Bedford Canine Tribute Park.
[Amended 11-19-2002; 4-6-2004 by L.L. No. 7-2004; 5-18-2010 by L.L. No.
2-2010]
A.
In general. Any person who violates this article or
knowingly permits the violation of this article or any of the provisions
thereof shall be deemed to have committed an offense against this
article, and any person convicted of any such violation after investigation
and hearing shall be liable to a penalty of not more than $50 for
the first violation, not more than $100 for the second violation and
not more than $250 for the third violation or any subsequent violation
and, within the Court's discretion, the imposition of any other reasonable
conditions, including, but not limited to, requiring the offending
dog to be confined to a leash or run on the owner's property and/or
confined within the home of the owner's property and/or confined within
a fence and/or prohibited from using the Bedford Canine Tribute Park
for a period of time to be determined by the Court. The prohibition
from use of the Bedford Canine Tribute Park may be permanent.
[Amended 3-16-2021 by L.L. No. 3-2021]
B.
Bedford Canine Tribute Park.
(1)
No permit to use the Bedford Canine Tribute Park shall be issued with respect to any dog who has been designated a dangerous dog in accordance to the Agriculture and Markets Law; or has been the subject of a conviction of violating § 48-5B,C or G of the Bedford Town Code. The Dog Control Officer shall provide the Town Clerk with a list of such dogs.
(a)
Exception. Any dog which has been the subject of a first conviction of violating § 48-5B or C of the Bedford Town Code and therefore may not be issued a permit to use the Bedford Canine Tribute Park, as set forth in Subsection B(1) above, after a minimum period of six months after conviction, may make a written application to the Town of Bedford Department of Recreation and Parks to have such permit privileges restored. In considering such written application, the Superintendent of Recreation and Parks must consult with the Town of Bedford Police Department and/or Dog Control Officer as to whether the Police Department/Dog Control Officer supports the restoration of Bedford Canine Tribute Park privileges for the applicant.
[Added 3-16-2021 by L.L.
No. 3-2021]
[1]
Factors which may be considered by the Superintendent of Recreation
and Parks, the Town of Bedford Police Department and/or the Dog Control
Officer include, but are not limited to:
[a]
Compliance with the terms/provisions of any and
all applicable court orders or settlements;
[b]
Whether there has been further involvement by the
Town of Bedford Police Department and/or Dog Control with regard to
the dog and/or owner of the dog in question;
[c]
Whether the dog has undergone behavioral evaluation
and any recommended training, if not otherwise ordered by the Court
or made condition of the guilty plea;
[d]
If the dog and/or owner has been the subject of
previous complaints made to the Town of Bedford Police Department
and/or Dog Control Officer, whether or not such complaints resulted
in prosecution under the Town Code or State law; and/or
[e]
Any other consideration relevant to the behavior
and/or training of the dog.
[2]
Such restoration of dog park privileges, may, at the discretion
of the Superintendent of Recreation and Parks, if circumstances dictate,
include permission to return to the individual training area of the
park only.
(2)
A violation of any of the rules posted at the Bedford Canine Tribute Park shall constitute a violation of this article. Any person who violates the rules as posted at the Bedford Canine Tribute Park or knowingly permits the violation of the rules as posted at the Bedford Canine Tribute Park shall be deemed to have committed an offense of this article and shall be subject to the penalties set forth in § 48-16A.
