The Town Board of the Town of Yorktown finds
that the running at large and other uncontrolled behavior of licensed
and unlicensed dogs has caused physical harm to persons, damage to
property and 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.
[Amended 2-3-1981 by L.L. No. 5-1981]
This article is enacted pursuant to the provisions
of § 124 of the Agriculture and Markets Law of the State
of New York.
The title of this article shall be "Dog Control
Law of the Town of Yorktown."
[Amended 5-18-2004 by L.L. No. 15-2004]
As used in this chapter, the following words
shall have the following respective meanings:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this chapter, as amended by
this chapter and as amended thereafter.
ANIMAL CONTROL OFFICER
Any person authorized by the Town Board, from time to time,
to enforce the provisions of this chapter or the provisions of the
Agriculture and Markets Law.
CONFINED
That such animal is securely confined or restrained and kept
on the owner's premises, either within a building, kennel or other
suitable enclosure or securely fastened on a chain, wire or other
effective tether of such length and so arranged that the animal cannot
reach or endanger any person on any adjacent premises or on any public
street, way or place or, if the animal is being transported by the
owner, that it is securely confined in a crate or other container
or so restrained in a vehicle that it cannot be expected to escape
therefrom.
DOG
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
OWNER
The party in whose name the license is issued, unless dog
is or has been lost, and such loss reported to the animal control
officer or Town Clerk. 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 complaint
charging a violation of this chapter shall be held and deemed to be
the owner of such dog for the purpose of this chapter. In the event
that any dog found to be in violation of this chapter shall be owned
by a minor, 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 and violation of this chapter.
RECREATIONAL AREAS
Recreational areas shall mean any real property owned by
the Town of Yorktown which is used for recreational purposes by the
public, including but not limited to parks and playgrounds.
RUN AT LARGE
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
TOWN
The area within the corporate limits of the Town of Yorktown.
[Amended 12-7-2010 by L.L. No. 15-2010]
A. This article
shall be enforced by the animal control officer, by any peace officer
or by any person having jurisdiction under the Agriculture and Markets
Law.
B. The Town
Board may, by resolution, direct the animal control officer or other
designated agent to ascertain and list the names of all persons in
the Town owning or harboring dogs or, in lieu thereof, contract to
have the same done.
[Amended 2-3-1981 by L.L. No. 5-1981; 8-18-1981 by L.L. No. 14-1981]
The animal control officer or a peace officer
having reasonable cause to believe that a violation of this article
has been committed in his presence shall issue and serve an appearance
ticket for such violation. The appearance ticket shall be in form
prescribed by the Town Board as adopted with this article. An answer
to such appearance ticket shall be made within five days of the violation,
by registered or certified mail, return receipt requested, in lieu
of a personal appearance on the return date at the time and court
specified in the appearance ticket. This article may also be enforced
by any police officer of the Town of Yorktown.
[Amended 2-3-1981 by L.L. No. 5-1981; 7-17-1984 by L.L. No. 10-1984; 2-5-1991 by L.L. No. 4-1991; 3-5-1996 by L.L. No. 7-1996; 10-1-1996 by L.L. No. 19-1996]
Any person convicted of a violation of this
article shall be deemed to have committed a violation and shall be
subject to a fine as follows:
A. For a first violation, a fine of not less than $25
nor more than $250.
B. For a second violation within five years, a fine of
not less than $50 nor more than $300 or by imprisonment for a period
not to exceed 15 days, or by both such fine and imprisonment.
C. For a third violation within five years, a fine of
not less than $75 nor more than $375 or by imprisonment for a period
not to exceed 15 days, or by both such fine and imprisonment.
D. For a fourth and subsequent violation within five
years, a fine of not less than $100 nor more than $500 or by imprisonment
for a period not to exceed 15 days, or by both such fine and imprisonment.