[Adopted 11-8-2010 by L.L. No. 2-2010]
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.
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]
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.
[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.