[Adopted 12-8-2010 by L.L. No. 3-2010]
Pursuant to the provisions of Part T of Chapter 59 of the Laws
of 2010 amending Article 7 of the Agriculture and Markets Law and
pursuant to the Municipal Home Rule Law of the State of New York.
The title of this article shall be "Dog Control Law."
As used in this article, the following words shall have the
following respective meanings:
CLERK
The Town Clerk of the Town of Pawling.
DANGEROUS DOG
A dog which qualifies as dangerous pursuant to the provisions
of the Agriculture and Markets Law.
DOG
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
DOG CONTROL OFFICER
Persons authorized by the Town Board by resolution to enforce
the provisions of this article. The Dog Control Officer shall have
the power to execute the provisions of this article, including service
of a summons, the service of an appearance ticket pursuant to and
in accordance with § 126 of the Agriculture and Markets
Law of the State of New York and the service and execution of any
other order of process, to appear and prosecute any matter arising
under this article or Article 7 of the Justice Court Act.
HABITUALLY
On more than one occasion within a thirty-day period.
IDENTIFICATION TAG (ID TAG)
A tag, issued by the Clerk to the owner of a specific dog,
containing a serial number, the name of the licensing municipality
(Town of Pawling), the state name, the contact phone number for the
Clerk's office, and any such other information as the Town Clerk
of the Town of Pawling may deem appropriate.
OWNER
Any person over the age of 18 or entity entitled to claim
lawful custody and possession of a dog and 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 Town of Pawling Dog
Control Officer or the Town of Pawling Town Clerk, and a reasonable
search has been made. If a dog is not licensed, the term "owner" shall
be deemed to include any person or persons, firm, association or corporation
who or which, at any time, owns or has possession, custody or control
of, harbors or otherwise maintains any dog which is kept, brought,
or comes within the jurisdictional boundaries of the Town of Pawling.
Any person who owns or harbors a dog for a period of one week prior
to the filing of any complaint charging a violation of this article
shall be deemed to be the owner of said dog.
RESPONSIBLE PERSON
Any individual, male or female, over the age of 16 years,
other than the owner, who at any time has possession, custody or control
of any dog.
RUN AT LARGE
Any dog which is unrestrained by a leash or other tether
and walks, runs, or roams in a public place or on private land without
the knowledge, consent and approval of the owner of such lands.
TOWN
The Town of Pawling.
It shall be unlawful for any owner or responsible person of
any dog in the Town to permit or allow such dog to:
A. Run at large off the premises of the owner unless the dog is accompanied
by its owner or a responsible person and under the full control of
such owner or person. For the purpose of this article, a dog or dogs,
while hunting in the company of a hunter or hunters, shall be deemed
accompanied by its owner.
B. Engage for more than 1/2 hour in habitual and loud howling, barking,
crying or whining or conduct itself in such a manner as to unreasonably
and habitually disturb the peace, comfort, or repose of any person
other than the owner of such dog.
C. Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or other property of another person or entity without the consent
or approval of the property owner thereof.
D. Chase, jump upon, attack, 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 or fear of bodily harm; chase,
jump upon, attack any other animal whether or not it caused such animal
physical or bodily harm.
E. Habitually chase, run alongside of or bark at motor vehicles, motorcycles,
bicycles or pedestrians 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.
This article shall be enforced by the Dog Control Officer, any
law enforcement officer, or any peace officer.
A. The Dog Control Officer, any law enforcement officer, or any peace
officer observing a violation of this article in his or her presence
or having reasonable cause to believe that a person has violated the
provisions of this article or, harbored a dog in violation of this
article, shall issue and serve an appearance ticket for such violation.
The appearance shall be in the form prescribed by the provisions of
§ 126 of the Agriculture and Markets Law, as it may be amended
from time to time hereafter, and this article.
B. The Dog Control Officer, any law enforcement officer, or any peace
officer shall seize any unlicensed dog, whether on or off the owner's
premises; any dog not wearing a tag and which is not on the owner's
premises; or any dog found in violation of any provision of this article.
The Dog Control Officer, law enforcement officer, or peace officer
may also investigate and commence a proceeding pursuant to § 121
of the Agriculture and Markets Law involving any dangerous dog, as
described in that section, and see that the order of the Town Justice in such case
is carried out.
C. Any person who observes a dog in violation of this article may file
a complaint, under oath, as that term is defined by the Criminal Procedure
Law, with the Town Justice, stating the nature of the violation, the
date thereof, a description of the dog and the name and address of
the residence of the owner of such dog, if known. The Dog Control
Officer, law enforcement officer, or peace officer shall be authorized
to assist any such person in making such a complaint. Such a complaint
may serve as the basis for enforcing the provisions of this article.
An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period and the dog shall then be available
for adoption or euthanized. The Town should keep for one year a record
of the disposition of all dogs seized, which records shall be open
for public inspection.
The owner of a dog who is issued an appearance ticket pursuant to §
65-10 herein, may answer the same by registered or certified mail, return receipt requested, within five days of the service of the appearance ticket as hereunder provided in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.
A. For each case commenced in a local Justice Court, the Dog Control
Officer, law enforcement officer, or peace officer shall immediately
file an information with the Town Justice. Said information shall
be filed with the appearance ticket, if an appearance ticket is issued.
If no appearance ticket is issued, the information shall be filed
with the court and the action otherwise commenced and jurisdiction
over the defendant made in accordance with the Criminal Procedure
Law.
B. The defendant charged with a violation of the article may himself
or herself plead guilty to the charge in open court. He or she may
also submit to the Town Justice having jurisdiction, in person, by
duly authorized agent or by registered mail, a statement that waives
arraignment in open court and the aid of counsel, that he or she pleads
guilty to the offense charged, that he or she elects and requests
that the charge be disposed of and the fine penalty fixed by the court,
of any explanation that he or she desires to make concerning the offense
charge and that he or she makes all statements under penalty of perjury.
Thereupon, the Town Justice may proceed as though the defendant had
been convicted upon a plea of guilty in open court; provided, however,
that any imposition of fine or penalty hereunder shall be deemed tentative
until such fine or penalty shall be paid and discharged in full. If
upon receipt of the aforesaid statement the defendant shall deny the
same, shall thereupon notify the defendant of this fact, and that
he is required to appear before the Justice at a stated time and place
to answer the charge which shall thereafter be disposed of pursuant
to the applicable provisions of law.