The Town Board of the Town of Cortlandt finds that the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs have caused physical harm to persons, damage to property and
have created nuisances within the Town. The purpose of this article
is to protect the health, safety and well-being of persons and property
by imposing restrictions on the keeping and running at large of dogs
within the Town.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law, as amended by L. 2010, c. 59,
Part T, and the Municipal Home Rule Law of the State of New York.
The title of this article shall be "Dog Control Law of the Town
of Cortlandt."
As used in this article, the following words shall have the
following respective meanings:
DOG
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
OWNER
Person entitled to claim lawful custody and possession of
a dog 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 dog control officer and a reasonable search has been made. If
the dog is not licensed, the term "owner" shall designate and cover
any person or persons, firm, association, or cooperation, who or which
at anytime owns or has custody or control of, harbors, or is otherwise
responsible for any dog which is kept, brought or comes within the
Town. Any person owning or harboring a dog for a period of one week
prior to filing any complaint charging violation of this article,
shall be held in and deemed to be the owner of any dog found to be
in violation of this article shall be under 18 years of age, the head
of household in which said minor shall be deemed to have custody and
control of said dog and shall be responsible for any acts of said
dog in violation of this article.
RUN AT LARGE
To be in a public place or on private land without the knowledge,
consent and approval of the owner of such lands.
TOWN
The Town of Cortlandt.
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A. Run at large unless the dog is accompanied by its owner or a responsible
person and under the full control of such owner or person. A dog must
be leashed whenever it is not on property owned by its owner, with
the following exceptions: i) a dog may be unleashed in any specifically
designated dog park on Town of Cortlandt property; and ii) for the
purposes of this article, a dog or dogs hunting in the company of
a hunter or hunters shall be considered as accompanied by its owner.
[Amended 6-11-2024 by L.L. No. 7-2024]
B. Engage in habitual and loud howling, barking, crying or whining or
conduct as to unreasonably and habitually disturb the comfort or response
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 without the consent or approval of
the owner.
D. Chase, jump upon or at or otherwise harass any person in such manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm.
E. Habitually chase, run alongside of or bark at motor vehicles, motorcycles
or bicycles 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.
H. Be at
any designated dog park on Town of Cortlandt property unless such
owner is a resident of the Town of Cortlandt and the dog has a valid
license.
[Added 6-11-2024 by L.L. No. 7-2024]
[Amended 6-11-2024 by L.L. No. 7-2024]
Any violation of this article shall be punishable by a fine
not to exceed $350 for a first offense, $700 for the second offense,
and $1,000 for each subsequent offense or by imprisonment not to exceed
15 days, or both such fine and imprisonment. Each day’s continued
violation shall constitute a separate additional violation. If any
defendant fails to appear for a scheduled court date, then any police
officer or animal control officer may seize the animal(s) referenced
in the complaint after receipt of an order from a judge. Any violation
of this article may also be filed as a civil matter.