Town of Pleasant Valley, NY Chapter 44 Dogs

[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley 8-15-2001 by L.L. No. 10-2001. Amendments noted where applicable.]

§ 44-1 Purpose.

The purpose of this chapter is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, domestic animals and deer from dog attack and damage.

§ 44-2 Definitions.

[Amended 11-10-2010 by L.L. No. 4-2010]

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

DOG

Any member of the species canis familiaris.

DOG CONTROL OFFICER

A person, persons or agency duly appointed or designated by the Town Board of Pleasant Valley and as also defined in New York State Agriculture and Markets Law § 113 for the purpose of enforcing this chapter and Article 7 of the New York Agriculture and Markets Law; or any authorized officer, agent or employee of any incorporated humane society or similar incorporated dog protective association under contract with the Town of Pleasant Valley.

HARBOR

To claim ownership or protective custody of a dog or to provide food or shelter to a dog during a period of one week.

OWNER

A person who keeps, harbors or has custody, care or control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of parents, guardians, or other head of the household where the minor resides.

TO RUN AT LARGE

To be off the property of the owner or harborer in a public place or on private land unaccompanied by the owner or harborer or a responsible person able to control the dog without leash or restraint, without the consent, knowledge and approval of the owner of such lands.

§ 44-3 Licensing and fees.

[Amended 11-10-2010 by L.L. No. 4-2010]

A. The owner or harborer of any dog four months of age or older must obtain and renew a license for that dog from the Town Clerk as required by Article 7 of the New York State Agriculture and Markets Law. A permanent, official identification number on a tag will be issued and shall be affixed to a collar on the dog at all times.

B. Dog license fees shall be as set by resolution of the Town Board, provided that there is at least a $5 differential between neutered/spayed and unneutered/unspayed licenses, exclusive of any New York State surcharges, which shall be $1 for a spayed or neutered dog and $2 for an unspayed or unneutered dog.

C. All dogs must have valid rabies shots at three months of age or provide a statement from a veterinarian that the dog's life would be endangered by that vaccination, and therefore the dog is not to be vaccinated.

D. All dog licensing shall be for a period of one year and will expire at the end of the month one year from the day of issue. Any license fee is not transferable or refundable for any reason.

E. Excepted 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.

F. The Town of Pleasant Valley does not allow the licensing of a dog by a shelter.

G. All licence fees will be used for the administration of the Dog Control Law in the Town of Pleasant Valley.

H. The Town of Pleasant Valley does not issue purebred or kennel licenses. All dogs must be licensed individually in accordance with the fee schedule set forth in Subsection B above.

I. When the Town Board determines the need for a dog enumeration, a fee of $5 will be assessed against all dogs found unlicensed or renewed at the time of enumeration at the time the enumeration is conducted.

§ 44-4 Restrictions.

[Amended 11-10-2010 by L.L. No. 4-2010]

It shall be unlawful for any owner or person harboring any dog in the Town to permit or allow such dog to:

A. Run at large. (See definition of "to run at large" in § 44-2).

B. Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner as to unreasonably and habitually annoy or disturb the comfort and repose of any person other than the owner or persons harboring such dog.

C. Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or persons harboring such dog.

D. Chase, jump on, bite or otherwise harass any person or animal in such a manner as to cause actual harm or reasonably cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.

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

§ 44-5 Duties of dog control officer.

The dog control officer shall:

A. Upon receipt of notice from the Town Clerk that a person has failed to obtain or renew a license for a dog, issue and serve an appearance ticket upon such person. The dog control officer shall appear in court and prosecute such violation as needed.

B. Generate monthly dog control activity reports and submit to the Town Clerk and appropriate government agencies.

C. Respond via telephone and in person to dog related complaints and related occurrences. Check on areas of numerous complaints on a regular basis.

D. Seize dogs as required in this chapter and complete any required paperwork.

E. When a seized dog is identified and taken to the SPCA, notify the owner personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption.

F. Perform on-site inspection of dog damage and file any required paperwork with the Town Clerk and Dutchess County.

G. Take any injured dog to an animal hospital designated by the Town Board.

H. Pick up all road-killed dogs and take them to a designated facility for cremation.

§ 44-6 Filing and handling of complaints.

[Amended 11-10-2010 by L.L. No. 4-2010]

A. Any person who observes a dog committing an act prohibited by § 44-4 of this chapter may file a written or verbal complaint with the dog control officer specifying the conduct of the dog, the dates thereof, any damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring the dog. The dog control officer shall investigate the complaint and determine whether it should be dismissed or whether some enforcement action is appropriate. If the dog control officer is unable to remedy a valid complaint, and the complainant signs a supporting deposition, the dog control officer may issue an appearance ticket to the owner of, or person harboring, the dog. Such complaint may serve as the basis for enforcing the provisions of this chapter. If the dog control officer fails to act, or acts in a manner not satisfactory to the complainant, the complainant may then prosecute the complaint in court.

B. A dog control officer observing a violation of this chapter in his presence shall issue an appearance ticket for such violation.

§ 44-7 Seizure of dogs.

[Amended 11-10-2010 by L.L. No. 4-2010]

The dog control officer shall seize:

A. Any dog which is not identified and which is not on the owner's premises.

B. Any dog which is not licensed, on or off the owner's premises.

C. Any licensed dog which is not within the control of its owner or custodian or not on the premises of the dog's owner or custodian, if there is a probable cause that the dog is dangerous.

D. Any dog found to be in violation of § 44-4.

E. Any unlicensed dog shall be seized and properly fed and cared for until disposed of as provided by law.

F. Any dog which poses an immediate threat to the public safety. Section 123 of the Agriculture and Markets Law provides the procedure for the seizure and disposition of dogs determined to be dangerous.

§ 44-8 Notice of seizure.

Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption.

§ 44-9 Redemption of seized dogs.

[Amended 11-10-2010 by L.L. No. 4-2010]

A. Any dog impounded under the provisions of this chapter shall be confined in accordance with the provisions of the Agriculture and Markets Law of the State of New York and may be redeemed by the owner or harborer thereof within seven days for unidentified dogs and 11 days for identified dogs, exclusive of the day of impoundment, provided the owner or harborer produces proof that the dog is licensed and identified, and upon payment to the Town or its designated agent of the following fee, plus the cost of keeping, feeding and caring for the dog while in the custody of the dog control officer or pound:

[Amended 4-9-2014 by L.L. No. 1-2014]

(1) For the first impoundment: a fee of $25.

(2) For the second impoundment: a fee of $50 and a fee of $3 for each additional twenty-four-hour period.

(3) For the third and each subsequent impoundment: a fee of $75 and a fee of $3 for each additional twenty-four-hour period.

B. Any dog not so redeemed shall, at the discretion of the animal shelter, be sold at public or private auction, destroyed, or made eligible for adoption.

§ 44-10 Destruction of dogs; recovery of value.

A. Any seized dog which is severely ill or injured or cannot be safely removed to a veterinary hospital or humane society shall be humanely destroyed by, or at the request of, the dog control officer or law enforcement officer. The carcass shall be immediately disposed of, and a written report shall be made of such destruction and disposition to the office of the Town Clerk, which shall keep a record thereof.

B. Recovery by owner of value of destroyed dog. The owner or harborer of any dog destroyed under any provision of this chapter shall not be entitled to any compensation from the Town.

§ 44-11 Penalties for offenses.

[Amended 11-10-2010 by L.L. No. 4-2010]

A. It shall be a violation, punishable as set forth herein, for:

(1) Any owner to fail to license any dog;

(2) Any owner to fail to have any dog identified as required by Chapter 44 or Article 7 of the Agriculture and Markets Law of the State of New York.

(3) Any person to knowingly affix to any dog any false or improper identification tag; special identification tag for identifying guide, hearing or service dogs; or purebred license tag.

(4) Any owner or custodian of any dog to fail to confine, restrain or present for any lawful purpose such dog pursuant to this chapter or Article 7 of the New York State Agriculture and Markets Law.

(5) Any person to furnish any false or misleading information on any form required to be filed with the Town of Pleasant Valley.

(6) The owner or custodian of any dog to fail to exercise due diligence of handling his or her dog, if the handling results in harm to another dog that is a guide, hearing or service dog.

(7) Any owner of a dog to fail to notify the Town in any change of ownership or address as required by Article 7 of the New York State Agriculture and Markets Law.

(8) Any violation of this Chapter 44 of the Code of the Pleasant Valley.

B. It shall be the duty of the dog control officer for the Town to bring an action against any person who has committed within the Town any violation of this chapter or Article 7 of the Agriculture and Markets Law of the State of New York. The dog control officer may elect either to prosecute such action as a violation under the penal law or to commence an action to recover a civil penalty. A violation of this section shall be punishable, subject to such an election, either:

(1) Where prosecuted pursuant to the penal law, by a fine of not less than $25, except that where the person was found to have violated this section or former Article 7 of the Agriculture and Markets Law within the preceding five years, the fine may be not less than $50, and where the person was found to have committed two or more such violations within the preceding five years, the violation shall be punishable by a fine of not less than $100 or imprisonment for not more than 15 days, or both; or

(2) Where prosecuted as an action to recover a civil penalty, by a civil penalty of not less than $25, except that where the person was found to have violated this section or former Article 7 of the Agriculture and Markets Law within the preceding five years, the civil penalty may not be less than $50, and where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may be not less than $100.