[HISTORY: Adopted by the Town Board of the Town of Milan as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 147.
[Adopted 11-8-2010 by L.L. No. 2-2010[1]]
[1]
Editor’s Note: This local law also superseded former Ch. 97, consisting of Art. I, Dog License Fees, adopted 12-29-1994 by L.L. No. 2-1994, as amended, Art. II, Redemption of Seized Dogs, adopted 2-11-1980, as amended, and Art. III, Dog Control, adopted 3-13-1995 by L.L. No. 1-1995.
The purpose of this article of the Town of Milan, Dutchess County, New York, 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.
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law, as amended by L. 2010, c. 59, Part T, of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
The title of this article shall be "Dog Control Law of the Town of Milan."
As used in this article, the following words shall have the following respective meanings:
CLERK
The Town Clerk of the Town of Milan.
DANGEROUS DOG
A dog found dangerous pursuant to the provisions of the Agriculture and Markets Law.
DOG
Male and female, licensed and unlicensed, members of the species Canis familiaris.
IDENTIFICATION TAG (ID TAG)
A tag, issued by the Clerk to the owner of a specific dog, containing a serial number, the name of the municipality, the state name, the contact phone number for the Clerk's office and any other information as the licensing municipality deems appropriate.
OWNER
Person entitled to claim lawful custody and possession of a dog and that is responsible for purchasing the license for such dog unless the dog is, or has been, lost and such loss was promptly reported to the Town of Milan Dog Control Officer or Town of Milan Town Clerk, and a reasonable search has been made. If a dog is not licensed, the term "owner" shall designate and cover any person or persons, firm, association or corporation, who or which at any time owns or has custody or control of, harbors or is otherwise responsible for any dog which is kept, brought or comes within the Town of Milan. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be deemed to be the owner of said dog. If the owner of any dog is under 18 years of age, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog in accordance with this article.
RUN AT LARGE
To be in a public place or on private land without the knowledge, consent and approval of the owner of such lands.
TOWN
The Town of Milan.
It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:
A. 
Run at large unless the dog is accompanied by its owner or a responsible person and under the full control of such owner or person. For the purpose of this article, a dog or dogs, while hunting in the company of a hunter or hunters, shall be considered as accompanied by its owner.
B. 
Cause injury, damage or destruction to persons or property.
C. 
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property without the consent or approval of the property owner.
D. 
Chase, jump upon or otherwise harass any person or domestic animal in such manner as to reasonably cause intimidation or fear or to put such person or domestic animal in reasonable apprehension of bodily harm.
E. 
Habitually chase, run alongside of or bark at motor vehicles, motorcycles, bicycles or pedestrians while on a public street, highway or place, or upon private property, without the consent or approval of the owner of such property.
F. 
Create a nuisance by defecating, urinating or digging on public property, or on private property without the consent or approval of the owner of such property.
G. 
If a female dog, when in heat, be off the owner's premises unrestrained by a leash.
H. 
Engage in habitual and loud howling, barking, crying or whining, or create such other noise as to unreasonably annoy or disturb the quiet, comfort or repose of any person other than the owner of such dog. Any such noise disturbance for more than 30 minutes at any time of the day or night by repeated barking, whining, howling or other sounds which can be heard beyond the boundary of the owner's property shall be considered a violation of this section.
[Added 9-19-2016 by L.L. No. 3-2016]
A. 
All dogs older than four months, owned or harbored in the Town of Milan for longer than 30 days, unless otherwise exempted, must be licensed through the Town of Milan Town Clerk's office.
B. 
A dog owner applying for a new license shall, unless specific exception has been authorized by the Town Clerk, make such application in person at the Town Clerk's office. Subsequent renewals of dog licenses may be made via regular mail, provided that the renewal is accompanied by a current rabies vaccination certificate, unless a current rabies certificate is already on file in the Town Clerk's office, and the appropriate fee for licensing said dog.
C. 
The owner of each dog required to be licensed shall complete and submit to the Town Clerk a dog license application together with the license application fee, any applicable license surcharge and such additional fees as may be established by the Town of Milan. The owner of a dog being licensed must furnish the following information when making application for said license: name of dog, sex of dog, actual or approximate age of dog, the breed of the dog, the primary and secondary colors of the dog, any identifying markings or tattoos on the dog, the physical and mailing address of the dog owner and a working phone number for the dog owner. The Town of Milan may also require additional information on such application as deemed appropriate.
D. 
A current rabies vaccination certificate must be furnished by the owner of the dog to be licensed, or by the veterinarian that vaccinated said dog, in order for a license to be issued or renewed. In the event that an applicant for a license presents, in lieu of a rabies certificate, a statement certified by a licensed veterinarian, a license shall be issued or renewed for a period of one year from the date of said statement.
E. 
In the case of a spayed or neutered dog, the owner of said dog must provide a certificate, signed by a licensed veterinarian, showing that the dog has been spayed or neutered, provided that such certificate is not already on file with the Town Clerk's office.
F. 
Dogs will be licensed for one year. The expiration date will be the last day of the month of issuance.
G. 
No license shall be issued for a period expiring after the last day of the 11th month following the expiration date of the current rabies certificate for the dog being licensed.
H. 
No license shall be issued by a shelter, or any other entity, on behalf of the Town of Milan.
I. 
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog.
J. 
The Town of Milan will not issue purebred or kennel licenses. All dogs will be licensed individually in accordance with this article.
K. 
Dog licenses issued by another agency, municipality or shelter will not be recognized by the Town of Milan. The Town of Milan does not credit unexpired terms of licenses issued by another municipality, nor does it refund licensing fees for any reason, including, but not limited to, dogs and dog owners that relocate to a municipality other than the Town of Milan, dogs that are no longer alive, dogs that are relinquished or transferred to another owner and dogs that are missing, gone or lost.
L. 
The Town Clerk shall provide the dog owner with a copy of the dog license and retain a copy in the Town Clerk's office in accordance with the New York State Archives Records Retention and Disposition Schedule, MU-1.
A. 
In the event of a change of ownership of any dog which has been licensed pursuant to this article, or in the change of address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, notify the Town Clerk of such change.
B. 
If any dog which has been licensed pursuant to this article is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, notify the Town Clerk of such loss or theft. The owner of record of any such dog shall not be liable for any violation of this article after such notification.
C. 
In the case of a dog's death, the owner of record shall so notify the Town Clerk either prior to the renewal of licensure or upon the time of such renewal.
A. 
Dog licensing fees shall be determined by the Town Board of the Town of Milan by motion or resolution and may be amended at any time by said Town Board, to which amount shall be added $5 more than the total fee for a spayed or neutered dog if the dog for which the license application is made is unspayed or unneutered. All revenue derived from such fees is the sole property of the Town of Milan and shall be used only for controlling dogs and enforcing this article.
B. 
In addition to the fees set by the Town Board of the Town of Milan, an additional $1 shall be assessed to a license for a spayed or neutered dog and an additional $3 assessed to a license for an unspayed or unneutered dog. This additional charge is assessed for the purposes of carrying out animal population control efforts. These surcharge dollars will be remitted by the Town Clerk, on a monthly basis, to the state-designated entity chosen to oversee the Animal Population Control Fund.
C. 
When the Town Board of the Town of Milan determines the need for a dog enumeration or dog census, a fee of $5 will be assessed to all dogs found unlicensed or renewed at the time the enumeration is conducted. Such fees shall be the sole property of the Town of Milan and shall be used to pay the expenses incurred by the Town in conducting the enumeration. In the event that the additional fees collected exceed the expenses incurred by the Town in conducting an enumeration in any year, such excess fees may be used by the municipality for enforcing this article and for animal population control programs.
D. 
The licensing process and fees set forth in this article in Chapter 97 of the Town Code do not apply to any wholesale dog breeders licensed with the United States Department of Agriculture, to any dog confined to the premises of any public or private hospital devoted solely to the treatment of sick animals, or to any dog confined for the purposes of research to the premises of any college or other educational or research institution. Said fees shall also not apply to any certified guide dog, war dog, police dog, therapy dog, service dog, hearing dog or detection dog. The owner of a certified guide dog, war dog, police dog, therapy dog, service dog, hearing dog or detection dog must, however, maintain a current license in accordance with § 97-6 of this article. Special tags will not be issued for dogs set forth in this subsection.
E. 
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.
A. 
Each dog licensed in the Town of Milan will be issued a serialized identification tag. Such ID tag shall be affixed to the collar of such dog at all times. Dogs participating in a dog show are not required to display an ID tag during such participation.
B. 
No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.
C. 
The dog tag shall include the name of the licensing municipality, a reference to the "State of New York" and municipality contact information, including a telephone number, and any additional information at the direction of the Town of Milan.
A. 
The Dog Control Officer, or any other peace officer, shall seize:
(1) 
Any dog which is not identified and which is not on the owner's premises;
(2) 
Any dog which is not licensed, whether on or off the owner's premises. In the case of refusal of entry, an order of seizure or warrant may be obtained from a court of competent jurisdiction.
(3) 
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; and
(4) 
Any dog found to be in violation of § 97-5 of this article or which poses an immediate threat to the public safety.
B. 
Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law.
C. 
Promptly upon seizure, the Dog Control Officer shall issue and serve an appearance ticket to the dog owner and shall ensure that the order of the Town Justice of the Town of Milan is carried out.
D. 
Each dog which is not identified, whether licensed or not, shall be held for a period of five 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 article, and further provided that the owner pays a fee of $15 for the first impoundment; a fee of $20 for the second impoundment and a fee of $3 for each additional twenty-four-hour period; a fee of $30 for a third and each subsequent impoundment and a fee of $3 for each additional twenty-four-hour period. In addition to the foregoing fees, the owner shall reimburse the Town for any expenses incurred by the Town in connection with such impoundment.
[Amended 9-19-2016 by L.L. No. 3-2016]
E. 
All monies collected as fines or penalties as a result of any prosecution for violations of the provisions of this article, and all bail forfeitures by persons charged with such violations, shall be the sole property of the Town of Milan and shall be used only for controlling dogs and enforcing this article.
F. 
An owner shall forfeit title to any dog unredeemed at the expiration of the redemption period, and the dog shall then be made available for adoption or shall be euthanized pursuant to the provisions of subdivisions two-a, two-b, two-c, two-d and two-e of section three hundred seventy-four of Chapter 59 of the Laws of New York, 2010.[1]
[1]
Editor's Note: See Agriculture and Markets Law, Article 7.
G. 
In addition to the remedies provided above, a person aggrieved by or who otherwise observes a violation of the provisions of this article may file a complaint under oath with the Dog Control Officer, the Town of Milan Justice or any peace officer specifying the nature of the violation, the date thereof, a description of the dog (if known} and the name and residence (if known) of the owner of the dog. Upon receipt by the Town of Milan Justice of any such civil complaint, he or she shall summon the alleged owner to appear in person before him or her at a hearing at which both the complainant and the owner shall have an opportunity to be represented by counsel and to present evidence. If, after such hearing , the Town of Milan Justice determines that there has been a violation of this article, such Justice may order any of the remedies or penalties provided in this article, as he or she deems appropriate. Any complaint filed pursuant to this § 97-10 shall be subject to the Freedom of Information Act; however, all identifying information pertaining to the complainant shall be redacted prior to the release of such complaint.
[Amended 9-19-2016 by L.L. No. 3-2016]
It shall be a violation for:
A. 
Any owner to fail to license any dog;
B. 
Any owner to fail to have any dog identified as required by this article;
C. 
Any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs or purebred license tag;
D. 
Any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this article;
E. 
Any person to furnish any false or misleading information on any form required to be filed with the Town of Milan pursuant to the provisions of this article or rules and regulations promulgated pursuant thereto;
F. 
The owner or custodian of any dog to fail to exercise due diligence in handling his or her dog if the handling results in harm to another dog that is a guide, hearing or service dog; and
G. 
Any owner of a dog to fail to notify the Town of Milan of any change of ownership or address as required by this article.
H. 
The owner or custodian of a dog to violate any of the provisions of the article.
A. 
Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal, farm animal or domestic animal to the Dog Control Officer or police officer. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in Subsection B of this section and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself.
B. 
Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may, and the Dog Control Officer or police officer as provided in Subsection A of this section shall make a complaint under oath or affirmation to any Town Justice of such attack or threatened attack. Thereupon, the Town Justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to the Dog Control Officer or peace officer, acting pursuant to his or her special duties, or police officer directing such officer to immediately seize such dog and hold the same pending judicial determination as provided in this section. Whether or not the Town Justice finds there is probable cause for such seizure, he or she shall, within five days and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint. The petitioner shall have the burden at such hearing to prove the dog is a "dangerous dog" by clear and convincing evidence. If satisfied that the dog is a dangerous dog, the Town Justice shall then order neutering or spaying of the dog, microchipping of the dog and one or more of the following as deemed appropriate under the circumstances and as deemed necessary for the protection of the public:
(1) 
Evaluation of the dog by a certified applied behaviorist, a Board-certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by such expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this section;
(2) 
Secure, humane confinement of the dog for a period of time and in a manner deemed appropriate by the court, but in all instances in a manner designed to:
(a) 
Prevent escape of the dog;
(b) 
Protect the public from unauthorized contact with the dog; and
(c) 
Protect the dog from the elements. Such confinement shall not include lengthy periods of tying or chaining;
(3) 
Restraint of the dog on a leash by an adult of at least twenty-one years of age whenever the dog is on public premises;
(4) 
Muzzling the dog whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration; or
(5) 
Maintenance of a liability insurance policy in an amount determined by the Justice Court, but in no event in excess of $100,000 for personal injury or death resulting from an attack by such dangerous dog.
C. 
Persons owning, possessing or harboring dangerous dogs shall immediately report the presence of such dangerous dogs to the Town Clerk. Persons moving, whether permanently or temporarily, out of the Town of Milan, are required to notify the Town Clerk of the Town of Milan of the intent to relocate as well as the name of the municipality to which such owner intends to relocate.
[Amended 9-19-2016 by L.L. No. 3-2016]
Any owner or custodian of a dog convicted for a violation of this article shall be guilty of an offense and shall , upon conviction thereof, be punished by a fine of not more than $250 or imprisonment not to exceed 15 days, or both, and each day on which such violation shall continue shall constitute a separate offense.