[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:
AGGRESSIVE DOG
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]
AT LARGE
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]
DOG PARK
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]
OWN
Maintain and keep, including the providing of food or shelter
to, any dog.
OWNER
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).
POLICE WORK DOG
"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]
VICIOUS DOG
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.
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:
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.
E. Habitually chase or run alongside of motor vehicles
or bicycles.
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.
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]
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.
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.