[Adopted 11-20-1985 by L.L. No. 17-1985[1]]
The purpose of this article shall be to preserve
the public peace and good order in the Town of Rotterdam and to promote
the public health, safety and welfare of the residents of the Town
by enforcing regulations and restrictions on the activities of dogs
consistent with the rights and privileges of dog owners as well as
the rights and privileges of other citizens of the Town.
The definitions of terms as set forth in Article
7 of the Agriculture and Markets Law of the State of New York shall
be applicable to such terms contained in this article.
[Amended 1-25-1989 by L.L. No. 1-1989]
A.
Limitation on number.
(1)
Not more than three dogs, six months or more in age,
shall be harbored on any premises. Notwithstanding the foregoing restriction,
a special permit may be granted by the Town Board to a licensed veterinarian
or veterinary hospital or any incorporated society for the prevention
of cruelty to animals or similar incorporated dog preventive association
to allow the harboring of more than three dogs, provided that each
dog harbored shall be six months or more in age. Such special permit
may be granted in such instances and upon such terms and conditions
as the Town Board shall determine. No such special permit shall be
granted to allow the harboring of more than three dogs six months
or more in age on premises in an R-1 Residential District, R-2 Residential
District and an R-3 Multiple-Family Dwellings and Apartment House
District. It shall be further illegal, regardless of whether the license
is purebred or kennel, to harbor more than three dogs over six months
of age in an R-1 Residential, R-2 Residential or R-3 Multiple-Family
Dwellings and Apartment House District.[1]
[1]
Editor's Note: Pursuant to L.L. No. 6-1988,
the R-3 Multiple-Family Dwellings and Apartment House District is
now the R-3 Multiple-Family Residential District.
(2)
Notwithstanding the provision of Subsection A(1), a person who, on the effective date of this article, is the harborer of more than three dogs six months or more in age shall be permitted to continue harboring the specific dogs so harbored; provided, however, that no dogs other than the specific dogs so harbored may be harbored by any such person until the number of such specific dogs numbers fewer than three, at which time the provisions of Subsection A(1) shall be applicable to any such persons; further provided that if a person who harbors more than three dogs over six months of age shall be convicted of two or more violations of this article such person must, within 10 days of the second conviction, reduce the number of dogs harbored to three or fewer.
B.
No owner of a dog shall keep or harbor a dog in an
unclean or unsanitary manner. For the purpose of this article, "unclean"
shall be defined as not being clean of any fleas, bugs or other insects;
"unsanitary manner" shall mean that the dog shall not be quartered
in surroundings with an unreasonable amount of feces lying about.
C.
No owner of a dog shall fail to provide adequate food,
water, shelter or space for such dog. "Adequate" shall mean sufficient
for the age, size and number of dogs on the premises.
D.
Every person who, as owner or otherwise, harbors or
has custody or possession of a dog, whether permanently or for an
indefinite duration of time, shall:
[Amended 8-10-1994 by L.L. No. 13-1994; 8-9-2000 by L.L. No. 8-2000]
(1)
At all times, confine the dog which he/she harbors,
or has custody or possession of, upon the premises owned or occupied
by the person. This subsection shall not apply where a dog is off
said premises while restrained by a chain or leash not exceeding six
feet in length and under the control of the said person or for hunting
purposes and accompanied by a duly licensed hunter.
(2)
At all times, prevent any such dog from engaging in
howling, barking, crying or whining and from engaging in other conduct
in such a manner as to unreasonably disturb the comfort or repose
of any individual. For the purpose of this subsection, the comfort
or repose of an individual shall be deemed to be unreasonably disturbed
if howling, barking, crying or whining is audible to that individual
for a minimum of 10 minutes of continuous duration.
(3)
Prevent any such dogs from damaging or destroying
property or committing a nuisance. For purposes of this subsection,
a "nuisance" is defined as to include but not be limited to depositing
feces or urinating upon the premises of the Town of Rotterdam or a
person other than the owner or the person harboring or who has custody
or possession of the dog.
(4)
Prevent any such dog from chasing any motorized vehicle
or self-propelled vehicle on public roadways.
(5)
Prevent any such dog from chasing or otherwise harassing
any person in such a manner as to reasonably cause intimidation or
to put such person in reasonable apprehension of bodily harm or injury.
(6)
Not allow any such dog to be left unattended for a
period of 24 hours or more.
(7)
If any dog shall defecate upon any public property or the private
property of another, the owner of said dog shall immediately remove
or cause to be removed from the property all feces deposited by said
dog. If such feces are not removed, then the owner of said dog shall
be deemed in violation.
[Added 6-12-2013 by L.L. No. 6-2013]
The Town of Rotterdam Animal Control Officer
shall act as dog control officer for the purposes of enforcement of
this article and enforcement of Article 7 of the Agriculture and Markets
Law of the State of New York and shall have power to issue appearance
tickets, serve summonses or to serve and execute any lawful order
or process in the execution of this article and provisions of the
New York State Agriculture and Markets Law.
A.
Any person claiming ownership of any dog seized pursuant
to Article 7 of the Agriculture and Markets Law of the State of New
York, shall pay the following impoundment fees:
(1)
For the first impoundment of any dog owned by that
person: $10.
(2)
For the second impoundment, within one year of the
first impoundment, of any dog owned by that person: $20.
(3)
For the third and subsequent impoundment, within one
year of the second impoundment, of any dog owned by that person: $30.
B.
In addition thereto, any person claiming ownership
of any dog shall be responsible to pay the sum of $5 for each 24 hours
or part thereof for sheltering, feeding and watering said dog.
C.
In any case where veterinary care is necessary to
protect the health and welfare of the dog, in addition to the impoundment
fee, the Town shall also charge for the cost of such veterinary care.
D.
In any case wherein it becomes necessary for the Town
of Rotterdam, in protecting the health and welfare of its citizens,
by removing a dog or dogs to the protection of an animal shelter,
the costs incurred for such harboring shall be borne by the owners
of said dog or dogs. It shall be presumed that anyone harboring a
dog or dogs shall be the owner of the dog regardless of whether the
dog is licensed or unlicensed.
Even though an owner may elect not to redeem
said dog in the time frame as set forth in Article 7 of the Agriculture
and Markets Law of the State of New York, said owner shall, nevertheless,
be responsible to the Town of Rotterdam for the impoundment fee or
other expenses as set forth herein or incurred, including euthanasia
fees, should this procedure become necessary. An action may be commenced
to collect all said sums.
The provisions of Article 7 of the Agriculture
and Markets Law of the State of New York shall be applicable in addition
to the provisions set forth in this article.
[Amended 5-13-1998 by L.L. No. 8-1998; 6-12-2013 by L.L. No. 6-2013]
Any person who violates this article or knowingly
permits the violation of this article or any of the provisions thereof
shall be deemed to have committed a violation against this article,
and any person convicted of any such violation, after investigation
and trial, shall be deemed liable to a penalty of not less than $250
for the first conviction, $500 for the second conviction and $750
for the third conviction. On the fourth or any subsequent offense
and conviction, the Town Justice shall banish the offending animal
or impound it at the animal shelter where it may be disposed of under
the provisions of Article 7 of the Agriculture and Markets Law of
the State of New York.
