A. 
The purpose of this chapter shall be to preserve the public peace and good order in the Town of Rosendale and to contribute to the public welfare and good order of its people by enforcing certain regulations and restrictions on the activities of dogs, which regulations are consistent with the rights and privileges of the owners of dogs and the rights and privileges of other citizens of the Town of Rosendale.
B. 
This chapter is adopted pursuant to the authority of Article 7 of the Agriculture and Markets Law of the State of New York.
As used in this chapter, unless otherwise expressly stated or subject matter requires otherwise, the following terms shall have the meanings indicated:
AT LARGE
Unleashed and on property open to the public or on private property not owned or leased by the owner of the dog and without permission of the owner or tenant of the property. No dog shall be deemed at large if it is:
A. 
Accompanied by and under constant visual and voice control and responds to the commands of its owner, keeper or other responsible person while:
(1) 
On lands of its owner;
(2) 
Lawfully on public lands;
(3) 
On private lands with the permission of the landowner or tenant;
(4) 
Under full control; is leashed by a person capable of restraining and controlling the dog.
B. 
A police work dog lawfully being used or trained for police work while under the control of trainer, keeper, or a police officer.
CAGE
A transportable container having four sides, top, bottom and lockable gate; must allow dog to stand upright and turn around.
CONFINED
As applied to a dog(s), such dog is securely contained either within a building, kennel, or wire chain link fencing enclosure of at least six feet in height with secure sides, top and bottom or, if no bottom, with sides that extend at least 12 inches below ground and which is locked and designed to prevent the escape of the dog(s) or the entry of unauthorized personnel.
CROSS-TETHER
A leash, strap, chain, rope or harness that will limit the movement of a dog within the inner confines of an open vehicle.
DANGEROUS
Designated and applies to any dog which, without just cause, bites, attacks, chases or snaps at or otherwise threatens to attack any person or attacks and wounds a dog or other domestic animal, or which displays any other fierce, vicious or dangerous propensities.
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the Town to enforce this chapter and Article 7 of the Agriculture and Markets Law of the State of New York or any authorized officer, agent or employee of any incorporated animal humane society or incorporated dog protective association under contract with the Town to assist in the enforcement of this chapter and Article 7 of the Agriculture and Markets Law of the State of New York.
HARBOR
To provide food and shelter to any dog.
INCITE
To cause an action or reaction by a dog.
KEEPER
An individual, corporation, partnership, unincorporated association or other organized group of persons, municipality or other legal entity.
LICENSE
The compliance of § 109 of the Agriculture and Markets Law of the State of New York.
OPEN VEHICLE
Any vehicle not having sides, front and rear bulkheads, gates of at least 46 inches in height.
OWNER
Any person legally entitled to possession of a dog pursuant to § 108, Subdivisions 15 and 16, of the Agriculture and Markets Law, unless such dog is lost and such loss was promptly reported to the Dog Control Officer of the Town. The term "owner" shall be deemed to include any person or corporation who harbors a dog, except on a temporary emergency basis to protect and aid a stray or lost dog. In the event that the owner of a dog is under 18 years of age, the custodial parent or guardian or head of the household in which said minor principally resides shall be deemed to be the owner of such dog for the purposes of this chapter.
POLICE WORK DOG
Any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency which has been trained to assist law enforcement officers and is actually being used for such work.
PROVOKE
To cause to be irritated or angry.
PUBLIC NUISANCE
As applied to a dog, describes, designates, or applies to every dog which:
A. 
Unreasonably disturbs the comfort or repose by engaging in unprovoked loud howling, barking, crying or whining.
B. 
Causes damage or destruction to real or personal property of any person other than that of the owner of such dog or a member of the owner's household residing with the owner or a guest of such owner.
C. 
Commits a nuisance by defecating or urinating upon public property or upon the premises of any person other than the owner of such dog.
D. 
Chases, threatens, harasses, annoys, intimidates or alarms any person or places any person in reasonable apprehension of bodily harm or injury, unless such person is unlawfully on the owner's premises or in the owner's residence or such person is threatening the safety of the owner's person, family, guests or property, and such dog is protecting or guarding the owner, the owner's real or personal property or any person lawfully on the owner's property or in the owner's residence.
E. 
Habitually chases or runs alongside of moving vehicles, horses, or pedestrians lawfully using the public highways.
RESTRAINED
Securely fastened on a chain, wire or other effective tether of such strength to contain attached dog and of such length so arranged that the dog cannot reach or endanger any person or any adjacent premises or public street or way or place or while being transported in a vehicle that it cannot escape from.
SUSTENANCE
Food, water, shelter, shade, ventilation, heat, insulation, bedding, and freedom of movement of at least 12 feet while chained.
UNATTENDED
In a vehicle or confinement.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn by any power, including muscular power, and shall include, but shall not be limited to, bicycles, motorcycles, automobiles, trucks, snowmobiles, coaches, wagons, platforms and trailers.
VICIOUS
Trained to attack upon command.
The owner of every dog which is kept or brought into or comes into the Town of Rosendale will be held responsible for the strict observance of such dog and with respect to such dog of all rules and regulations contained in this chapter, at all times when such dog is within the Town.
All dogs housed in the Town of Rosendale for a period of 30 days or more must be licensed pursuant to § 109 of the Agriculture and Markets Law of the State of New York. The owner/keeper must show proof that dogs licensed in another township, state or country are current and in force at all times while such dog is within the Town.
It shall be a violation of this chapter for the owner/keeper of any dog to permit or allow such dog to:
A. 
Be at large;
B. 
Engage in loud howling, barking, crying or whining or any other behavior which unreasonably disturbs the comfort or repose;
C. 
Cause damage or destruction to real or personal property of any person other than the owner/keeper of such dog or member of the owner's/keeper's household residing with the owner/keeper or a guest of such owner/keeper;
D. 
Defecate or urinate upon public property, or upon the premises of any person other than the owner of such dog, without properly cleaning up after such dog;
[Amended 12-20-2010 by L.L. No. 2-2010]
E. 
Chase, threaten, harass, annoy, intimidate or alarm any person or place any person in reasonable apprehension of bodily harm or injury, unless such person is unlawfully on the owner's premises or in the owner's residence or such person is threatening the safety of the owner's person, family, guests or property, and such dog is protecting or guarding the owner, the owner's real or personal property or any person lawfully on the owner's property or in the owner's residence;
F. 
Habitually chase or run alongside of moving vehicles, horses or pedestrians lawfully using the public highways;
G. 
Be unconfined while female dogs are in heat;
H. 
Be carried in an open vehicle or pickup truck, unless the dog is cross-tethered to the vehicle or caged or the open vehicle has an enclosure of at least 46 inches high on all four sides;
I. 
Be turned loose, abandoned, or left unattended for the purpose of disposal;
J. 
Be provoked or incited;
K. 
Be deprived of sustenance;
L. 
Be inhumanely treated as covered in the New York State Agriculture and Markets Law Article 26.
A. 
Definitions. As used in this section, the following words and terms shall have the following meanings:
DANGEROUS DOG
(1) 
Any dog:
(a) 
Which when unprovoked approaches any person upon the streets, sidewalks or any public grounds or places in a vicious or terrorizing manner or in any apparent attitude of attack;
(b) 
With a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
(c) 
Which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or
(d) 
Which has been ordered confined pursuant to the provisions of § 121 of the Agriculture and Markets Law.
(2) 
Notwithstanding the foregoing, except pursuant to Subsection (1)(d) above, no dog may be considered to be a dangerous dog by reason of any injury or damage sustained by a person when such person was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime; any injury or damage sustained by a domestic animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog; or any injury or damage caused by the dog in protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
KEEPER
Any person other than the owner of a dangerous/vicious dog who harbors or has in his or her possession or exercises control over a dangerous/vicious dog or manages, controls or cares for a dangerous/vicious dog.
OWNER
Any person or legal entity having a possessory property right in an animal or who harbors, cares for or exercises control over an animal or knowingly permits any animal to remain on premises occupied by him.
UNCONFINED
Outside the confines of a residence or commercial structure commonly occupied by human beings or an enclosure of at least six feet in height with secure sides, top and bottom or, if there is no bottom, with sides which extend at least one foot underground, and which shall be locked and designed to prevent the escape of the animal or the entry of young children and unauthorized persons.
VICIOUS DOG
(1) 
Any dog owned, harbored or trained primarily or in part for the purpose of dog fighting as defined by the Law of Agriculture, State of New York;
(2) 
Any dog owned, harbored or trained primarily or in part for the purpose of attacking a human being or domestic animal upon command.
B. 
Restrictions on dangerous dogs. No person should permit or allow any dangerous dog to remain unconfined on property within the Town of Rosendale or to go beyond the boundaries of such property unless such dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length and is under the full control and supervision of the owner/keeper of the dog. The owner or keeper of a dangerous dog shall post conspicuous notices on the perimeter of the property where such dog is kept to warn persons of the nature of the dog confined therein.
C. 
Vicious dog prohibited. No person shall sell, purchase, possess, rent, lease or harbor a vicious dog within the jurisdiction of the Town of Rosendale other than a vicious dog that has been acquired prior to the effective date of § 32-6 and registered as required pursuant to the same.
D. 
Exceptions.
(1) 
The provision of this section shall not apply to:
(a) 
Animal shelters designated by the Department of Health to keep or hold animals, including all shelters operated by the American Society for the Prevention of Cruelty to Animals;
(b) 
Facilities which are maintained by or are under the control of the Town;
(c) 
Places of public exhibition, contest or show sponsored by a dog club association or similar organization and persons who have brought a dog temporarily within the jurisdiction of the Town of Rosendale for the purpose of showing a dog for entertainment purposes as defined in regulations promulgated by the Town Board, provided that the sponsor of the exhibition, contest, show or entertainment has obtained written permission from the Town Board and has provided protective measures adequate to prevent dogs from escaping or injuring the public;
(d) 
Laboratories operated pursuant to § 504 of the Public Health Law or educational or scientific institution;
(e) 
Persons authorized to enforce the provisions of this section; and
(f) 
Law enforcement canines.
(2) 
This section shall not be deemed to prohibit any business transaction concerning a dog that is not physically present in the Town of Rosendale.
E. 
Registration. The owner of any dangerous/vicious dog who acquired such dog prior to the effective date of this article shall register such dog with the office of the Town Clerk no later than 90 days after the effective date of § 32-6.
F. 
Insurance required.
(1) 
No owner of any dangerous/vicious dog shall be allowed to register said animal unless such owner produces proof that he has obtained liability insurance in the amount of at least $50,000 covering any damage or injury which may be caused by such dog during the twelve-month period for which registration is sought.
(2) 
The owner of a dangerous/vicious dog shall maintain liability insurance in full force and effect at all times as required by Subsection F(1) unless he shall cease to own, keep or harbor the dog prior to the expiration of such registration.
G. 
Enforcement.
(1) 
Any police officer or animal control officer is authorized to issue an appearance ticket for the violation of any provisions of this section.
(2) 
Any animal which is observed running at large in violation of this provision of this section may be picked up or captured by a Dog Control Officer or police officer. Any such control officer or police officer who picks up or captures such animal shall be empowered to exercise such degree of force as shall be necessary to effect such pickup or capture without intentionally injuring or harming the animal or as may be necessary to avoid injury to persons or property.
(3) 
The seized dog shall be held, cared for and disposed of in a manner consistent with § 118 of the Agriculture and Markets Law of the State of New York.
(4) 
Every reasonable effort will be made by the Dog Control Officer to locate and notify the owner of the pickup or capture of his or her dog. Upon such location and notification to the owner, the Town will return the animal to its owner within a prompt and reasonable period of time, provided that such return is not contrary to the provisions of this section. The Town may require reasonable proof of ownership. The return of such dog to its owner shall be deemed proof of ownership, unless such dog has a valid license tag pursuant to the provisions of the Agriculture and Markets Law of the State of New York, in which case such tagging shall be deemed proof of such ownership. The owner shall be subject to the penalties provided in this section.
The Town of Rosendale may appoint a Dog Control Officer pursuant to the appropriate statutes of the State of New York. It shall be the duty of such Dog Control Officer of the Town of Rosendale to enforce the appropriate provisions of the Agriculture and Markets Law, with respect to dogs, in the Town of Rosendale and to enforce this chapter.
The Dog Control Officer of the Town of Rosendale may seize any dog which is found to be in violation of any portion of this chapter as well as any dogs otherwise required to be seized under and by virtue of the Agriculture and Markets Law of the State of New York. All complaints concerning alleged violations of this chapter shall be communicated to the Dog Control Officer. All such complaints shall be investigated, and it shall be the duty of the Dog Control Officer, in the appropriate case, to proceed with civil or criminal enforcement of this chapter or any other provisions of law pertaining hereto.
Any dog at large which does not display any current dog license or other means of identification or which fails to exhibit any evidence of there having been administered to it a rabies vaccination shall be considered an abandoned dog and may be summarily impounded by the Dog Control Officer. It shall be unlawful for any dog owner or harborer to leave any dog unattended for the purpose of disposition as set forth in § 32-5I.
A. 
Every dog seized shall be properly fed and cared for at the expense of the Town of Rosendale until disposition thereof, as herein provided and in accordance with the applicable provisions of the Agriculture and Markets Law of the State of New York.
B. 
Every dog seized shall be treated in a humane manner.
C. 
If the dog bears a license tag, the Dog Control Officer shall ascertain the owner of the dog and shall give immediate notice by personally serving such owner or an adult member of his family with a notice in writing stating that the dog has been seized and will be destroyed unless redeemed as herein provided, or by mailing said personal notice to such owner.
D. 
The owner of a dog seized may redeem the dog within five days by paying the Town Clerk a redemption fee of $25 per dog for the first seizure within a twelve-month period, a redemption fee of $50 per dog for the second seizure within a twelve-month period, a redemption fee of $75 per dog for each additional seizure within a twelve-month period, plus current daily boarding fees. The Town Board, by resolution, may from time to time modify this chapter regarding redemption fees for a seized dog.
[Amended 12-20-2010 by L.L. No. 2-2010]
E. 
If not so redeemed, the owner shall forfeit all title to the dog and the dog shall be eligible for adoption or destroyed by the Dog Control Officer. In the case of adoption, the new owner must obtain a license for such dog. A dog which is destroyed shall be so destroyed only by a veterinarian and/or Society for Prevention of Cruelty to Animals in keeping with the latest humane practices of disposing of animals. The Dog Control Officer who causes such dog to be destroyed shall make a written report of such destruction and disposition to the Town Clerk, together with a statement from the veterinarian destroying the dog stating that the dog was destroyed in keeping with humane practices. The Town Clerk shall keep a record of all dogs which are destroyed.
It shall be unlawful for any person in the Town of Rosendale to torture, torment, deprive of necessary sustenance, unnecessarily or cruelly beat or otherwise abuse, or needlessly mutilate or kill a living dog or creature. Any dog so treated shall be impounded by the Dog Control Officer. The owner thereof shall be notified of the alleged violation in writing by personal service or by regular mail, and the matter shall be referred to the Town Justice for a hearing and determination.
Anyone charged with a violation of any of the provisions of Chapter 32 shall be issued an appearance ticket to appear in Town Court. A violation of this chapter shall be punishable by a fine of not less than $100 and not more than $500. Each day in which a violation of this chapter occurs shall constitute a separate and distinct offense. In addition, upon a conviction of violating § 32-6 or in in the court's judgment a dangerous dog represents a continuing threat or serious harm to human beings or other domestic animals, the court may order the dog destroyed in an expeditious and humane manner.
The owner, harborer or possessor of any dog destroyed under the provisions of this chapter shall not be entitled to any compensation, and no action shall be maintainable thereafter to recover the value of the dog.
The Town Board may from time to time amend, supplement, change, modify or repeal this chapter pursuant to the provisions of the Town Law applicable thereto.