[HISTORY: Adopted by the Town Board of the
Town of Pound Ridge as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 113.
[Adopted 8-10-1967 by L.L. No. 2-1967;
amended in its entirety 4-14-2011 by L.L. No. 1-2011 ]
The purpose of this article shall be to promote the health,
safety and general welfare of the Town of Pound Ridge and shall be
the protection and preservation of the property of the Town and its
inhabitants and of peace and good order by imposing and enforcing
regulations and restrictions on the ownership and keeping of dogs.
This article shall be known and may be cited as the "Dog Control
Law of the Town of Pound Ridge."
As used in this article, the following terms shall have the
meanings indicated:
A carnivorous, domesticated mammal, known as "canis familiaris,"
and shall include male as well as female.
A person appointed by the Town Board for the purpose of assisting
with the control of dogs pursuant to § 113 of Article 7
of the Agriculture and Markets Law.
A person whose dog repeats the same offense multiple times
in a six-month period and in such instance said person has not taken
corrective measures to resolve the situation.
A person or corporation owning, harboring or having custody
and control of a dog or domestic animal.
A.
Every
person owning or harboring a dog within the Town of Pound Ridge shall
purchase a dog license from the Town Clerk pursuant to Article 7 of
the New York State Agriculture and Markets Law. A certificate of rabies
shall be presented at the time of licensing or renewal of an existing
license. Licenses shall not be required for dogs under the age of
four months which are not at large. Each license issued shall be valid
for a period of one year and shall not be transferable.
B.
Fees
for dog licenses shall be as established from time to time by the
Town Board of the Town of Pound Ridge. In accordance with Article
7 of the Agriculture and Markets Law, each applicant for a dog license
shall pay, in addition to the license fee established by the Town
Board, a surcharge of $1 if the dog to be licensed is altered or a
fee of $3 if the dog to be licensed is unaltered.
D.
Exempted from payment of the license fee are applications submitted
for a dog license for any guide, hearing, service, war, working search,
detection, police and therapy dogs.
A.
The owner of record, custodian or person who keeps, harbors or otherwise
has charge of any dog which has violated the provisions of this article
shall be subject to the penalties prescribed in this article.
B.
It shall be unlawful for any owner of or any person harboring any
dog in the Town of Pound Ridge to allow such dog to:
(1)
Be off the premises owned or leased by the owner or harborer of said
dog unless said dog is demonstrably under control of its owner or
a responsible person able to control the dog so that such does not
menace, threaten or endanger any other person or animal. The dog must
be leashed in areas where people congregate at a public event and
at all times in the Town Park except as otherwise directed by the
Recreation Commission, the business district in Scotts Corners and
the bike path between the Town Park and Scotts Corners.
(2)
Engage in habitual howling or barking or to conduct itself in such
a manner so as to disturb the peace of the neighborhood. A specific
prohibition is continuous barking in excess of 30 minutes between
the hours of 9:00 p.m. and 7:00 a.m.
(3)
Cause damage or destruction to property or commit a nuisance upon
the premises of a person other than the owner or person harboring
such a dog.
(4)
Chase or otherwise harass any person in such a manner as reasonably
to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury.
(5)
Chase or bark at motor vehicles, bicycles or moving vehicles while
running at large in such a manner as to cause unreasonable disturbance.
(6)
Attack, molest, bite, maul or harass any person who is peaceably
conducting himself or herself any place where he/she may lawfully
be. This does not preclude any action which may be taken by the Justice
Court of the Town of Pound Ridge pursuant to the New York State Agriculture
and Markets Law Article 7, § 123, Dangerous dogs.
Owners or persons harboring any female dog in heat shall confine
such dog to the premises of such person or of a veterinarian or in
a boarding kennel during such period. If confined to the owner's premises
as herein provided, such female dog must be securely confined in the
owner's residence or when outside in the immediate vicinity of the
owner's residence on a leash controlled by the owner or a responsible,
capable adult. Female dogs in heat may be kept in a secure pen in
the immediate vicinity of the owner's residence, provided that the
owner or other responsible adult is at home at all times during such
outdoor confinement.
In addition to all the responsibilities outlined in §§ 39-5 and 39-6 above, owners or persons harboring dogs which are trained for the purpose of protecting persons and/or property must provide easily visible signs at each and every vehicular and/or pedestrian access to their property, warning visitors to beware of guard dogs on the site.
A.
The
Pound Ridge Dog Control Officer and the Pound Ridge Police Department
shall be the enforcement officers of the provisions of this article.
The Dog Control Officer or a police officer shall apprehend any dog
found by him/her to be in violation of any of the provisions of this
article. Such dog shall be delivered to the Pound Ridge Veterinary
Clinic or such place as may be designated by the Town Board as a place
of detention and shall be properly fed and cared for until disposition
thereof shall have been made in accordance with the provisions of
this chapter, Article 7 of the Agriculture and Markets Law and the
General Municipal Law for an impoundment period not to exceed three
days. Any officer of the Town who apprehends a dog must immediately,
or as soon as possible, notify the Dog Control Officer at the Pound
Ridge Town House, 764-5511, so that identification can be made in
a timely fashion. If, at the end of the three-day period, the owner
or harborer of the offending dog has not been found and/or has not
paid the fees and penalties required by the Town of Pound Ridge, as
well as the boarding and, if needed, the medical fees owed to the
Pound Ridge Veterinary Clinic, the Dog Control Officer shall deliver
the dog to a place as may be designated by the Town Board as a place
of detention.
B.
Owners
of offending dogs will be unable to retrieve dogs from the Pound Ridge
Veterinary Clinic or place as may be designated by the Town Board
as a place of detention unless and until all fines and charges owed
to the Town of Pound Ridge and the Pound Ridge Veterinary Clinic had
been paid.
C.
Receipts issued by the Dog Control Officer showing payment of required
fees and penalties must be presented to the Pound Ridge Veterinary
Clinic or place as may be designated by the Town Board as a place
of detention in advance of release of the offending animal. Receipts
will not be issued unless the owner or harborer of the offending dog
is in possession of a valid state dog license.
D.
Upon payment of fines and charges as provided by this article, the
offending dog shall be surrendered to the owner or custodian thereof.
A.
Any person who observes a dog in violation of the provisions of § 39-5 or § 39-6 hereof may file a signed verified information and supporting deposition with a police officer of the Town of Pound Ridge specifying the objectionable conduct of the dog, the provision hereof being violated, the date hereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.
B.
Following a second offense by an offending dog or following a first offense of § 39-5B(6), the Dog Control Officer or police officer may serve or have served upon the owner of record or harborer of an impounded dog a summons returnable in the Justice Court of the Town of Pound Ridge and file with the Court a verified information and supporting deposition as outlined in § 39-9A above.
Upon receipt of a summons, the owner of an offending dog may
be required to appear in the Justice Court of the Town of Pound Ridge.
If said person shall fail to appear before the Justice, the Justice
shall accept the filing of an affidavit of information from the Dog
Control Officer and issue a warrant for the arrest of such person.
A.
Any person violating any provision of this article may be subject to a schedule of fines established and authorized by this article. This schedule of fines may be amended from time to time by a simple resolution of the Town Board at a public meeting. A current copy of the schedule of fines is on file with the Dog Control Officer. In cases where there are multiple violations committed by a single offender, each and every fine levied must be paid. These fines are in addition to the fees for services outlined in § 39-11 and the fees which may be charged by the Pound Ridge Veterinary Hospital, the SPCA and/or any facility so designated for boarding and/or medical treatment. These fines are also in addition to any fines which may be levied by the Justice Court of the Town of Pound Ridge.
[Amended 9-15-2011]
|
Code Section
|
Fine for First Offense
|
Fine for Second or More Offenses within a Six-Month Period
|
|---|---|---|
|
Violation of § 39-4
|
$50
|
$100
|
|
Violation of § 39-5B(1)
|
$75
|
$150
|
|
Violation of § 39-5B(2)
|
$75
|
$150
|
|
Violation of § 39-5B(3)
|
$75
|
$150
|
|
Violation of § 39-5B(4)
|
$200
|
$400
|
|
Violation of § 39-5B(5)
|
$200
|
$400
|
|
Violation of § 39-5B(6)
|
$200
|
$400
|
|
Violation of § 39-6
|
$200
|
$400
|
|
Violation of § 39-7
|
$200
|
$400
|
B.
For habitual offenders with three or more convictions, fines may
be increased up to $800 and/or it may be required that the dog must
be leashed when off the owner's property.
C.
These fines are payable to the Town of Pound Ridge. A receipt will
be provided by the Dog Control Officer. Presentation of this receipt
will be required by the Pound Ridge Veterinary Clinic or a place as
may be designated by the Town Board before impounded dogs are released
to their owner or custodian.
A.
Any person violating any provisions of this article shall be subject
to a schedule of fees established and authorized by this article.
These fees may be amended from time to time by a simple resolution
of the Town Board at a public meeting. A current copy of the schedule
of fees is on file with the Dog Control Officer.
B.
These fees are payable to the Town of Pound Ridge. A receipt will be provided by the Dog Control Officer. Presentation of this receipt will be required by the Pound Ridge Veterinary Clinic or place as may be designated by the Town Board before impounded dogs are released to their owner or custodian. These fees are in addition to the fees which may be charged by the Pound Ridge Veterinary Hospital and/or other facilities so designated for boarding and/or medical treatment. These fees are in addition to the fines outlined in § 39-11 above and in addition to any fines which may be levied by the Justice Court of the Town of Pound Ridge.
There shall not be kept or harbored by any family or household, whether owners or tenants, more than four dogs over the age of five months. Where the occupancy of a structure shall consist of members of more than one family, the restriction on the number of dogs permitted as hereinabove set forth shall be deemed to apply to said structure; and if a portion of any such structure shall be occupied by a tenant or tenants, the aforesaid restriction shall apply to said structure, it being the intent of this provision to impose the aforesaid restriction upon all residential structures. No dogs shall be kept or harbored in a business or commercial structure, with the exception of kennels lawfully in operation under § 113-2B and the Schedule of Regulations in § 113-36 of the Zoning Ordinance of the Town of Pound Ridge.[1]
[Adopted 5-8-1969 by L.L. No. 3-1969;
amended in its entirety 6-4-1998 by L.L. No. 4-1998]
This article shall be known and may be cited
as the "Animal and/or Fowl Control Law of the Town of Pound Ridge."
It shall be the intent of this article to require
all owners or harborers of animals and/or fowl to confine same to
lands under their lawful possession, ownership or control and to provide
remedies in the case of animals and/or fowl permitted to roam at large
or trespass upon premises not of the owner or harborer of such animals
and/or fowl.
A.
No owner or harborer of animals and/or fowl shall
permit animals and/or fowl to run, graze or roam at large upon lands
of any other person unless such owner or harborer shall have the consent
of such property owner. It shall be the duty of all persons owning
or harboring animals and/or fowl to confine same to lands of the owner
or harborer or to such lands, pastures, fields or trails over which
the owner or harborer has obtained permission to graze, use, ride,
train or pasture said animals and/or fowl.
B.
It shall be deemed an offense to permit animals and/or
fowl to run at large or to trespass upon private property if the owner
or harborer of said animal and/or fowl has not obtained prior consent
of the owner of said property.
[Amended 6-3-1999 by L.L. No. 3-1999]
Any person committing an offense against any
provision of this article shall, upon conviction thereof, be subject
to a fine of not more than $50 for the first offense; $100 for a second
violation occurring within a five-year period; and $200 for each of
any subsequent violations occurring within the five-year period.
