[HISTORY: Adopted by the Town Board of the
Town of Halfmoon as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-17-2006 by L.L. No. 1-2006]
The Town of Halfmoon, New York, finds that the
running at large and other uncontrolled behavior of dogs has caused
physical harm to persons, damage to property and created nuisances
within the Town. The purpose of this article is to protect the health,
safety and well-being of persons and property by imposing restriction
and regulations upon the keeping or running at large of dogs and the
seizure thereof within the Town.
This article is enacted pursuant to the provisions
of Article 7 of the Agriculture and Markets Law.
The title of this article shall be "Dog Control
Ordinance of the Town of Halfmoon."
As used in this chapter, the following terms
shall have the meanings indicated:
A canine or canine crossbreed which has bitten, attacked
or inflicted injury on a person, "companion animal" as defined in
subdivision 5 of § 350 of the Agriculture and Markets Law,
"farm animal" as defined in subdivision 4 of § 350 of the
Agriculture and Markets Law, or "domestic animal" as defined in subdivision
7 of § 108 of the Agriculture and Markets Law, or without
justification attacks a service dog, guide dog or hearing dog and
causes physical injury or death.
[Amended 6-17-2008 by L.L. No. 2-2008]
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is leashed and under the supervision
and control of the owner or other responsible person; at an authorized
dog park and in compliance with the policies and procedures set forth
by Town Board resolution for the dog park; a police work dog in use
for police work; working detection dog; working therapy dog; working
search dog; or accompanied by its owner or other responsible person
and is actively engaged in hunting or training for hunting on unposted
land or on posted land with the permission of the owner of the land.
[Amended 5-3-2017 by L.L.
No. 1-2017]
An area for dogs to exercise and play off-leash in a controlled
environment under the supervision of their owners or other responsible
adult.
[Added 5-3-2017 by L.L.
No. 1-2017]
Maintain and keep, including the providing of food or shelter
to, any dog.
Any person who owns, harbors, maintains or keeps any dog.
In the event any dog found in violation of this article shall be owned
by a person under 18 years of age, the owner shall be deemed to be
the parent or guardian of such person (or the head of the household
in which said person resides).
"Aggressive dog" and "vicious dog" do not include a police
work dog as defined in subdivision 18 of § 108 of Article
7 of the New York State Agriculture and Markets Law.
[Amended 6-17-2008 by L.L. No. 2-2008]
A canine or canine crossbreed which has killed a person or
inflicted serious injury to a person, including multiple bites, serious
disfigurement, serious impairment of health or serious impairment
of a bodily function; or which continues to exhibit the behavior which
resulted in a previous finding by a court that it is an aggressive
dog, provided that its owner has been given notice of that finding.
A.
All dogs within the Town of Halfmoon four months of
age or older, unless otherwise exempted, shall be licensed. The owner
of a dog shall obtain a dog license and be responsible for the license
application fee, any applicable license surcharges and such additional
fees as may be established by the Town of Halfmoon via resolution.
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.
If said proof is provided, the rabies vaccination will not be required
as a condition precedent to obtaining a license. Each license issued
will be valid for a period of one year and shall not be transferable.
[1]
Editor’s Note: This local law was adopted as L.L. No.
4-2010 but was renumbered upon filing with the State of New York.
B.
The license fee enacted herein shall not apply to
any guide dog, hearing dog, service dog, war dogs, working search
dogs, detection dogs, police work dogs and therapy dogs.
[Amended 6-17-2008 by L.L. No. 2-2008]
C.
An additional surcharge shall be assessed on all dogs
that are identified for licensing during the enumeration process.
This fee shall be set by resolution of the Town Board. This fee shall
be collected at the time of licensing and is in addition to the fees
detailed herein. This additional fee may be waived by the Town Clerk
or his/her designee if the owner of the dog provides a valid license
from a different community and the dog moved into the Town of Halfmoon
within the previous six months. The Town Clerk or his/her designee
shall maintain copies of the previous license and proof of relocation
whenever the fee is waived in accordance with this provision. These
records shall be maintained for a period of five years from the date
of the issuance of the new license.
[Amended 12-16-2008 by L.L. No. 9-2008; 12-15-2010 by L.L. No. 2-2010[2]; 4-6-2016 by L.L. No.
3-2016]
[2]
Editor’s Note: This local law was adopted as L.L. No.
4-2010 but was renumbered upon filing with the State of New York.
D.
The Town of Halfmoon hereby authorizes the Saratoga County Animal Shelter to provide, accept and grant an application for a dog license made by a resident of the Town of Halfmoon at the time of the adoption of a dog from the Saratoga County Animal Shelter, provided that such application is made in accordance with § 56-5A of this article, and the license fee, any additional fee and surcharge shall be remitted to the Town Clerk of the Town of Halfmoon on or before the third day of the month following the month in which the licensing fee and additional fee and surcharge were received.
[Added 12-15-2010 by L.L. No. 2-2010]
E.
The base
fee for obtaining a dog license in the Town of Halfmoon shall be established
by Town Board resolution. In addition to the base fee, each applicant
for a dog license shall pay a surcharge that shall be established
by Town Board resolution, with a greater surcharge being paid for
dogs which are unaltered. In addition, each applicant for a dog license
shall pay a surcharge established by the Town Board which shall be
retained by the Town of Halfmoon and used to defray the cost of an
enumeration of dogs living in the Town of Halfmoon and the cost of
providing replacement identification tags.
[Added 12-15-2010 by L.L. No. 2-2010; amended 4-6-2016 by L.L. No. 3-2016]
F.
The owner
of any dog impounded by the Town of Halfmoon shall be entitled to
redeem that dog within five business days from the day the dog was
impounded, excluding the day the dog was impounded, provided that
the owner produces proof that the dog was licensed and identified.
The fee schedule for the release of the dog after impoundment shall
be set by Town Board resolution.
[Added 12-15-2010 by L.L. No. 2-2010; amended 4-6-2016 by L.L. No. 3-2016]
The owner of the dog shall be responsible when
a dog violates any restrictions contained herein. It shall be unlawful
for any dog in the Town of Halfmoon to:
A.
Be at large.
B.
Engage in loud howling or barking so as to habitually
or regularly annoy, alarm or bother any person; barking at an intrusion
or a disturbance shall not constitute a violation of this article.
It shall be a violation of this section for a dog to continuously
bark for more than 15 minutes.
[Amended 4-6-2016 by L.L.
No. 3-2016]
C.
Cause damage or destruction to property or commit
a nuisance by habitually defecating or urinating on public property
or on premises of a person other than the owner of such dog unless
the owner of said premises has given permission, or scavenging through
refuse upon the premises of a person other than the owner of such
dog, unless the owner of said premises has given permission therefor.
Any waste left by a dog shall be collected and properly disposed of
when the waste is left on property not owned by the owner of the dog.
Any failure to collect and properly dispose of the waste shall constitute
a violation of this section.
[Amended 4-6-2016 by L.L.
No. 3-2016]
D.
Commit an overt act which causes a person who is peaceably
conducting himself in any place where he may lawfully be to be placed
in reasonable apprehension of bodily harm, when the dog has the apparent
ability to inflict such harm.
It shall be the responsibility of the owner
to remove and properly dispose of a deceased animal within 24 hours
of the animal's death.
A.
An owner or person having charge or custody of an
animal shall provide their animal with adequate wholesome food and
water, proper shelter and protection from inclement weather, and veterinary
care when needed to prevent suffering.
B.
An owner or person having charge or custody of an
animal shall not endanger the health of the animal by placing or confining
the animal in a manner that would expose the animal to excessive heat,
lack of food or water, or any other circumstances as may cause injury
or death to the animal.
A.
Any person who confines an animal in an unattended, enclosed vehicle where the outside temperature is 70° or greater, and the interior of the vehicle is not provided with conditioned air to maintain an internal temperature of 80° F. or less, shall be guilty of a violation punishable pursuant to § 56-14 of this article.
B.
Any person who confines an animal in an unattended, enclosed vehicle so as to cause the animal to suffer from heat stress, shall be guilty of a violation punishable pursuant to § 56-14 of this article. The Animal Control Officer or other officer shall have the authority to remove any animal found in an enclosed vehicle that appears to be suffering from heat stress. The animal shall be provided immediate veterinary care. The animal owner or custodian shall be responsible for all expenses incurred during the removal of the animal or its subsequent treatment and impoundment.
This article shall be enforced by any animal
control officer, dog control office, peace officer, Deputy Sheriff,
or New York State trooper when acting pursuant to his special duties,
or police officer or other authorized Town employee acting in the
employ of or under contract to the Town of Halfmoon.
[Amended 12-15-2010 by L.L. No. 2-2010[1]]
A.
A dog may
be seized, pursuant to the provisions in § 117 of the Agricultural
and Markets Law, for violation of this article.
B.
Every dog
seized shall be properly cared for, sheltered, fed and watered, pursuant
to § 117 of the Agricultural and Markets Law, for a redemption
period of not less than five days.
C.
Seized dogs
may be redeemed by producing proof of licensing and identification,
pursuant to the provisions of Article 7 of the Agriculture and Markets
Law, and by paying the impoundment fees set forth in § 117
of said article.
D.
If the owner
of any unredeemed dog is known, such owner shall be required to pay
the impoundment fees set forth in Subsection F of this section, whether
or not such owner chooses to redeem his or her dog.
E.
Any dog
unredeemed at the expiration of the appropriate redemption period
shall be made available for adoption or euthanized pursuant to the
provisions of § 117 of the Agriculture and Markets Law.
[1]
Editor’s Note: This local law was adopted as L.L. No.
4-2010 but was renumbered upon filing with the State of New York.
A.
Any person who observes a dog in violation of this article may file a complaint under oath or an affirmation with a Justice of the Town of Halfmoon or with the Animal Control Officer, dog control officer, Deputy Sheriff or the New York State trooper, specifying the nature of the violation, the date and time thereof, a complete description of the dog, including, for example, the breed, the approximate size, color, markings and distinguishing characteristics, and the name and residence, if known, of the owner of the dog. Such complaint may serve as the basis for enforcing the provisions of this article, except that two complaints, each originating from separate households, shall be required as the basis for enforcing the provisions of § 56-6B hereof.
B.
Upon receipt of the signed complaint by the Town Justice,
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 information and
issue a warrant for the arrest of such person.
Any animal control officer, dog control office, peace officer, Deputy Sheriff, or New York State trooper when acting pursuant to his special duties, or police officer or other authorized Town employee acting in the employ of or under contract to the Town of Halfmoon, observing a violation of this article in his presence or receiving a complaint pursuant to § 56-12 of this article shall issue and serve an appearance ticket for such violation.
Any person convicted of a violation of this
article shall be deemed to have committed a violation and shall be
subject to the following fines:
A.
A fine of not more than $50 for the first conviction
of a violation of this article.
B.
A fine of not more than $75 for the second conviction
of this article within one year of the first conviction of a violation
of this article.
C.
A fine of not more than $250 for the third or additional
convictions of a violation of this article within one year of the
first conviction of a violation of this article and/or up to 15 days
in jail.
D.
In the event of four or more violations within a one-year
period, the court shall be empowered to order the dog seized by the
Animal Control Officer pursuant to the provisions of the Agricultural
and Markets Act and to either have the dog made available for adoption
or be euthanized if not adoptable.
[Added 4-6-2016 by L.L.
No. 3-2016]
All dogs shall be vaccinated pursuant to the requirements set
forth in the New York State Agriculture and Markets Law, Article 7.
