Town of Catskill, NY Animals

The Town Board of the Town of Catskill finds it necessary to adopt amendments to Chapter 78 of the Catskill Town Code to address the licensing of dogs. The purpose of this article is to provide for the licensing and identification of dogs and to protect the health, safety and well-being of persons and property by imposing restrictions and regulations upon keeping or running at large of dogs and the seizure thereof within the Town.

§ 78-2 Authority.

This article is enacted pursuant to the New York State Agriculture and Markets Law and § 10 of the Municipal Home Rule Law.

§ 78-3 Title.

The title of this article shall be the "Dog Control Ordinance of the Town of Catskill."

§ 78-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:

AT LARGE

Any dog that is unleashed and on property open to the public or is unleashed on private property not owned by the owner of the dog, unless permission for such presence has been obtained by the owner of such private property. No dog shall be deemed to be at large if it is:

Accompanied by and under the immediate supervision and control, by verbal or other remote command, of the owner or other responsible person; or

A police work dog in use for police work.

COMPANION ANIMAL OR PET

Any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal.

[Added 8-6-2019 by L.L. No. 4-2019]

DOG CONTROL OFFICER

Any individual, group of individuals and/or owner or operator of a dog pound or dog shelter appointed by the Catskill Town Board to enforce or administer the New York State Agriculture and Markets Law, and/or local laws, ordinances or regulations of the Town of Catskill relating to dogs.

HARBOR

To provide food or shelter to any dog.

IDENTIFICATION TAG

A tag issued by the Town of Catskill or Greene County which sets forth the identification number assigned to a specific dog and such other information deemed necessary by the Town of Catskill and/or Greene County.

IDENTIFIED DOG

Any dog carrying an identification tag as required by this article.

LICENSE EXPIRATION DATE

The expiration date as noted on the dog license issued by the Town of Catskill or Greene County.

OWNER

Any person who harbors or keeps any dog. In the event that any dog found in violation of this article shall be owned by a person under 18 years of age, the owner shall be deemed to be the parent or guardian of such person (or the head of the household in which said person resides).

§ 78-5 Licensing of dogs.

All dogs within the Town of Catskill four months of age or older, unless otherwise exempted, shall be licensed by the Town of Catskill or Greene County. In order to be licensed by the Town of Catskill, the owner of each dog required to be licensed shall obtain, complete and return, to the Catskill Town Clerk or the Dog Control Officer, a dog license application together with the required supporting documentation, the license fee, any applicable surcharges and such additional fees as may be established by the Catskill Town Board. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog's life, in which case a vaccination shall be not be required. Each license shall be valid for one year and must be renewed prior to expiration thereof.

Licensing fees shall be established by resolution of the Catskill Town Board at least once every year. There will be no refunds of licensing fees paid to the Town.

No license shall be transferrable. Upon transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog.

All licenses shall expire on the last day of the last month for which it is issued.

The owner of any dog shall notify the Town Clerk or Dog Control Officer of any change of address, ownership, death or loss of their licensed dog.

Upon the submission of a dog license application, all required documentation and payment of the required license fee, a Catskill identification tag will be provided to the owner of the dog. The identification tag must be affixed to a dog collar and worn by the dog at all times.

For those owners who fail to renew a dog license, the Dog Control Officer or Catskill Town Clerk on behalf of the Dog Control Officer may mail a warning that failure to renew the license, within a specified time, shall result in the issuance of a court appearance ticket.

Any dog harbored within the Town of Catskill which is owned by a nonresident of the Town and licensed by a jurisdiction other than the Town of Catskill or Greene County shall for a period of 30 days be exempt from the licensing and identification provisions of this article.

Except as otherwise set forth in the New York State Agriculture and Markets Law or this article, it shall be a violation of this section, punishable as provided in the New York State Agriculture and Markets Law, for:

(1)

Any owner to fail to license any dog;

(2)

Any owner to fail to have any dog identified as required by this article;

(3)

Any owner to fail to renew a dog license on or before the license expiration date;

(4)

Any person to knowingly affix to any dog any false or improper identification tag;

(5)

Any person to furnish any false or misleading information on any form required to be filed with the Town of Catskill pursuant to this article.

Exemptions:

(1)

No license is required for any dog under the age of four months and which is not at large, or, without regard to the age of the dog, is residing in a pound or shelter maintained by or under contract with the Town of Catskill or Greene County;

(2)

The Town of Catskill will not require a license for any service dog, guide dog, hearing dog, war dog, working search dog, detection dog, police work or therapy dog. The person owning, possessing or harboring such a dog bears the burden of demonstrating to the satisfaction of the Dog Control Officer that the dog is a service dog and exempt from licensing.

§ 78-6 Restrictions, prohibitions and violations.

It shall be unlawful and considered a violation of this article for any owner of any dog to permit or allow such dog in the Town of Catskill to:

Be at large.

Engage in habitual and loud howling, barking or whining or to conduct itself in such a manner so as to unreasonably and habitually annoy any person for a time period that is continuous and exceeds 15 continuous minutes at any time of day.

[Added 8-6-2019 by L.L. No. 4-2019]

Cause damage or destruction to property or commit a nuisance by defecating or urinating upon the premises of a person other than the owner of such dog.

Chase or otherwise harass any person, companion animal or pet in such a manner as reasonably to cause intimidation or to put such person, companion animal or pet in a reasonable apprehension of bodily harm or injury or to cause bodily harm or injury.

[Added 8-6-2019 by L.L. No. 4-2019]

Habitually chase, run alongside of or bark at motor vehicles or bicycles.

§ 78-7 Seizure; impoundment; redemption; adoption.

Any dog in violation of the provisions of the New York State Agriculture and Markets Law and/or §§ 78-5 or 78-6 of this article may be seized by the Dog Control Officer.

Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in the New York State Agriculture and Markets Law.

Seized dogs may be redeemed by producing proof of licensing and identification pursuant to the New York State Agriculture and Markets Law, and by paying the following impoundment fees:

[Amended 4-20-2016 by L.L. No. 2-2016]

(1)

All offenses: For the first 10 days of impoundment, the fee is $35 for each twenty-four-hour period. If the impounded dog is not claimed by the 10th day of impoundment, the fee is an additional $300.

(2)

Surcharge: For all dogs impounded by the Dog Control Officer, an additional surcharge of $30 will be added for intervention.

If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section whether or not such owner chooses to redeem his or her dog.

Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provisions of the New York State Agriculture and Markets Law.

§ 78-8 Complaint.

Any person who observes a dog in violation of this article may file a complaint under oath with the Dog Control Officer specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this article.

§ 78-9 Appearance ticket.

Any dog control officer, peace officer when acting pursuant to his special duties, or police officer in the employ of or under contract to the Town of Catskill observing a violation of this article may issue and serve an appearance ticket for such violation.

§ 78-10 Penalties for offenses.

Except as otherwise provide in the New York State Agriculture and Markets Law or this article, any person convicted of a violation of this article shall be deemed to have committed a violation and shall be subject to a fine not exceeding $250 or imprisonment for a period not exceeding 15 days, or both such fine and imprisonment.

Any person having been previously convicted of a violation shall be deemed to have committed a misdemeanor and shall be subject to a fine not exceeding $1,000 or imprisonment for a period not exceeding one year, or both such fine and imprisonment.

§ 78-11 Effective date.

This article shall take effect upon filing with the Secretary of State, but not earlier than January 1, 2011.

§ 78-12 Supersession.

This article shall supersede all prior inconsistent local laws.