[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.