[Adopted 7-8-1980 by L.L. No. 3-1980 (Ch.
36 of the 1974 Code)]
The Town Board of the Town of Clarkstown finds
that the running at large and other uncontrolled behavior of licensed
and unlicensed dogs have caused physical harm to persons and damage
to property and have 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 restrictions on the keeping and running
at large of dogs within the Town.
This article is enacted pursuant to the provisions
of Article 7 of the Agriculture and Markets Law and the Municipal
Home Rule Law of the State of New York.
As used in this article, the following words
shall have the following respective meanings:
A dog control officer on or after January 1, 1980.
[Amended 9-11-1991 by L.L. No. 6-1991]
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
A dog shall be deemed, for purposes of this chapter, to be
engaged in habitual howling, barking, crying or whining when there
is evidence that the dog has engaged in similar conduct on one or
more prior occasions within a reasonable period of time preceding
the violation for which the dog owner is charged, even if no Town
Code violation had been filed against the dog owner as a result of
such preceding occasion(s). A person is habitually disturbed in the
reasonable use and enjoyment of property when such person has, in
fact, been disturbed in the reasonable use and employment of property
as a result of one or more prior occasion(s) of loud howling, barking,
crying or whining by the same dog within a reasonable period of time
preceding the charge, even if no Town Code violation had been filed
against the dog owner as a result of such preceding occasion(s).
[Added 8-26-2008 by L.L. No. 11-2008]
Any person who owns or has lawful possession of a dog or
who 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 Animal Control Officer 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. Any person owning or harboring a dog for a period of one week
prior to the filing of any complaints charging a violation of this
article shall be held and deemed to be the "owner" of such dog for
the purpose of this article. In the event that the owner of any dog
found to be in violation of this article shall be 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 violation of this article.
[Amended 7-13-1982 by L.L. No. 10-1982; 9-11-1991 by L.L. No. 6-1991]
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
The Town of Clarkstown.
It shall be unlawful for any owner of any dog
in the Town to permit or allow such dog to:
A.
Run at large on public property or on private property
without the consent of the owner or person in possession of such private
property unless the dog is effectively restrained in the immediate
custody and control of its owner or possessor by a chain or leash
not exceeding eight feet in length. A person owning or possessing
a dog which is not so restrained, with or without the knowledge, consent
or fault of such person, shall be guilty of a violation of this article.
It shall be presumed that the presence of a dog on private property
of a person other than the dog owner or possessor is without the consent
of the owner or person in possession of such private property.
[Amended 8-26-2008 by L.L. No. 11-2008]
B.
Engage in habitual loud howling, barking, crying or
whining or to conduct itself in such a manner so that it creates a
noise disturbance that can be heard by any reasonable person of normal
sensitivities in the immediate vicinity. For the purpose of this section,
a "noise disturbance" shall be defined as that noise created by a
dog barking, howling or whining that is plainly audible at any location
within the immediate vicinity for a period of time as set forth below:
[Amended 8-26-2008 by L.L. No. 11-2008]
C.
Uproot, dig or otherwise damage any vegetables, lawns,
flowers, garden beds or other property without the consent or approval
of the owner thereof.
D.
Chase, jump upon or at or otherwise harass any person
in such a manner as to reasonably cause intimidation or fear or to
put such person in reasonable apprehension of bodily harm or injury.
E.
Habitually chase, run alongside or bark at motor vehicles,
motorcycles or bicycles 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.
[Amended 4-26-1983 by L.L. No. 3-1983; 5-14-1991 by L.L. No.
2-1991; 8-26-2008 by L.L. No. 11-2008; 12-14-2010 by L.L. No.
6-2010]
In addition to the guidelines for seizure and
per-day impoundment fees pursuant to Article 7 of the Agriculture
and Markets Law of the State of New York, the Town Board may impose
surcharges or discounts as delineated in the Consolidated Fee Schedule
adopted from time to time by the Town Board by resolution.
[Added 3-8-1983 by L.L. No. 2-1983;
amended 12-31-1991 by L.L. No. 13-1991; 3-21-2006 by L.L. No. 1-2006; 12-14-2010 by L.L. No.
6-2010]
A.
All dogs in the Town of Clarkstown must be licensed by the owner
of said dog with the Town Clerk after reaching the age of four months.
No person shall possess or own such dog within the Town unless licensed
and the appropriate fees paid.
B.
In addition to other application requirements which may be imposed
by the Town Clerk, the owner of a dog required to be licensed must
present a current certificate of vaccination or, in lieu thereof,
a waiver request, with reasons stated, signed by a licensed veterinarian.
C.
The fees for the licensing of dogs shall be set by the Town Board in its Consolidated Fee Schedule as adopted and amended from time to time. Additional fees, enumeration fees, seizure and impoundment fees pursuant to § 125-5 above, surcharges or state assessments pursuant to § 110-3 and 4-(a) of the New York State Agriculture and Markets Law shall be included in the Consolidated Fee Schedule.
D.
The Town of Clarkstown does not permit the licensing of dogs by a
shelter. Such shelter must notify the adoptive owner of the licensing
requirement within 30 days of adoption of a dog to be harbored in
the Town. The shelter must provide a list of adoptive owners who reside
in the Town of Clarkstown monthly.
E.
The Town requires the licensing of service dogs as listed in § 110-2 of the New York State Agriculture and Markets Law; however, the fees for the licensing of such dogs are waived.
F.
The Town Clerk may set the period of validity and duration of dog
licenses as one, two or three years. The expiration will be the last
day of the last month of the period for which it was issued. 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.
G.
The Town Clerk shall issue identification tags with a permanent official
identification number to be affixed to the collar of the licensed
dog at all times. Licenses are not transferrable. Changes of ownership,
changes of address and lost or stolen dogs must be reported to the
Town Clerk within 10 days. The death of a dog shall be reported to
the Town Clerk prior to or at the time of license renewal.
H.
The Town Clerk shall keep a record of all licenses issued.
[Amended 7-13-1982 by L.L. No. 10-1982; 9-11-1991 by L.L. No. 6-1991; 8-26-2008 by L.L. No. 11-2008]
Except as otherwise provided in § 119
of the Agriculture and Markets Law, any person convicted of a violation
of this article shall be liable to a fine of not less than $25 and
not more than $250.
