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:
(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.
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:
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;
K. Be deprived of sustenance;
L. Be inhumanely treated as covered in the New York State
Agriculture and Markets Law Article 26.
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.
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.