[Adopted 4-7-1970 (Part II, Ch. 4, of the 1965 Code)]
[Amended 8-16-1979]
This article is adopted pursuant to § 130
of the Town Law of the State of New York and Article 7 of the Agriculture
and Markets Law of the State of New York for the promotion of the
public welfare and health and general welfare of the community, including
the protection and preservation of the property of the Town and all
its inhabitants and of peace and good order in the controlling and
relation of muzzled and unmuzzled dogs in the Town of Poughkeepsie,
including the First Ward of the Village of Wappingers Falls, and to
provide for the enforcement thereof.
[Amended 8-16-1979]
It shall be unlawful for any owner of or any
person harboring any dog in the Town of Poughkeepsie to permit or
allow such muzzled or unmuzzled 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. 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 a manner so as to habitually annoy any person other
than the owner or owners harboring such dog.
C.
Cause damage or destruction to property or commit
a nuisance upon the premises of a person other than the owner or persons
harboring such dog.
D.
Chase or otherwise harass any person in such manner
as reasonable to cause intimidation or to put such person in reasonable
apprehension or bodily harm or injury.
E.
Habitually chase or bark at motor vehicles.
F.
Nuisances
prohibited. No person owning, harboring, keeping or in charge of any
dog, shall cause, suffer, or allow such dog to soil, defile, defecate
or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypath, play area, park or any place where people congregate or walk,
or on any public property whatsoever, or on any private property not
owned by said person. The restriction in this subsection shall not
apply to that portion of the street lying between the curblines, which
shall be used to curb a dog under the following conditions:
[Added 4-22-2009 by L.L. No. 8-2009]
(1)
The
person who so curbs such dog shall immediately remove, in a sanitary
method, all feces deposited by such dog.
(2)
The
feces removed from the aforementioned designated areas shall be disposed
of in a sanitary manner by the person owning, harboring, keeping or
in charge of any dog curbed in accordance with the provisions of this
article.
G.
A person as described in Subsection F of this section who is owning, harboring, keeping, or in charge of any dog that defiles, defecates, or commits any nuisance on any common thoroughfare, sidewalk, passageway, bypass, play area, park, or any place where the public can congregate or walk, any public property whatsoever, or on any private property not owned by the individual shall immediately remove in a sanitary method all feces deposited by such dog, and the feces removed from the aforementioned designated areas shall be disposed of in a sanitary manner by the person herein described.
[Added 4-22-2009 by L.L. No. 8-2009]
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 2-12-1986; 3-27-1996 by L.L. No. 4-1996; 3-27-1996 by L.L. No. 4-1996]
Any unlicensed or untagged dog found to be running at large in violation of § 118 of the Agriculture and Markets Law shall be seized and such dog shall be properly fed and cared for until disposed of as provided by said § 118. The provisions of Subsection F of § 57-2 shall be enforced by the Town of Poughkeepsie Animal Control Officer.
[Amended 2-12-1986; 4-22-2009 by L.L. No. 8-2009]
An Animal Control Officer, to be designated by the Town Board as provided by § 114 of the Agriculture and Markets Law, may enforce the provisions of this Article and may also investigate and report to a Town Justice of the Town of Poughkeepsie any dangerous dog as described in § 121 of the Agriculture and Markets Law and see that the order or orders of the Town Justice in such case are carried out. The provisions of Subsection F of § 57-2 shall be enforced by the Town of Poughkeepsie Animal Control Officer.
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 may
file a signed complaint, under oath, with a Town Justice of the Town
of Poughkeepsie specifying the objectionable conduct of the dog, the
date thereof, the damage caused, a description of the dog and the
name and residence, if known, of the owner or other person harboring
said dog.
Upon receipt of the complaint by the Town Justice
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 or her; 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 5-3-1977; 3-27-1996 by L.L. No. 4-1996; 5-2-2001 by L.L. No. 7-2001; 6-3-2009 by L.L. No. 22-2009]
A.
A violation
of this article shall be deemed an offense against this article, and
any person convicted of violating, after an investigation and hearing,
shall be liable to a maximum fine of $1,000, or imprisonment for a
period not exceeding 15 days, or both, for the first offense; a maximum
fine of $1,500, or imprisonment for a period not exceeding 15 days,
or both, for a second offense within one year of a prior offense;
and a maximum fine of $2,000, or imprisonment for a period not exceeding
15 days, or both, for a third offense within one year of prior offenses.
B.
In addition
to any other remedies set forth herein authorizing the Town to enforce
the provisions of this article, establishing penalties, and setting
forth additional remedies, the person charged with the responsibility
to enforce the provisions of this article may impose a civil fine
or agree to a civil fine not to exceed $1,000 per day for each day
of the violation. If said civil fine is imposed, then the alleged
violator may appeal to the Town Board.
The ordinance entitled "Dog Ordinance" adopted
December 9, 1963, and all other ordinances or parts of ordinances
not consistent with the provisions of this ordinance are hereby repealed.
