[Adopted 5-6-1970]
The purpose of this article shall be to preserve
the public peace and good order in the Town of Esopus and to contribute
to the public welfare and good order of its residents by enforcing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of the owners of dogs
and the rights and privileges of other citizens of the Town of Esopus.
This article is adopted pursuant to the authority of § 126
of the Agriculture and Markets Law of the State of New York.[1]
[1]
Editor's Note: Former Article 7 of the Agriculture
and Markets Law, pertaining to dogs, was repealed by Chapter 220 of
the Laws of 1978, which chapter enacted a new Article 7. For current
provisions pertaining to the power of a municipality to enact legislation
regulating dogs, see § 124 of the Agriculture and Markets
Law.
A.
ANIMAL
AT LARGE
CONFINED
DANGEROUS
DOGS
OWNER
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
SERVICE DOG, GUIDE DOG, POLICE WORK DOG, HEARING DOG, DETECTION
DOG, WAR DOG and THERAPY DOG
TOWN
As used
and intended in this article and for the purpose hereof, unless the
context otherwise indicates, the following terms shall have the meanings
indicated:
Male or female dogs, either singular or plural.
As applied to an animal, shall designate and describe each
animal at all times when it is off the premises of its owner or is
on the premises of another without his consent, and is not under the
visual and voice control of its owner.
As applied to an animal, shall mean that such animal is securely
confined or restrained and kept on the owner's premises, either within
a building, kennel or wire or other suitable enclosure or securely
fastened on a chain, wire or other effective tether of such length
and so arranged that the animal cannot reach or endanger any person
on any adjacent premises or on any public street, way or place, or,
if the animal is being transported by the owner, that it is securely
confined in a crate or other container or so restrained in a vehicle
that it cannot escape therefrom.
Applies to any animal which, without just cause, bites, attacks,
chases or snaps at or otherwise threatens to attack any person or
attacks and wounds a dog or other domestic animal or which displays
any other fierce, vicious or dangerous propensities.
Any member of the species Canis familiaris.
[Added 11-18-2010 by L.L. No. 1-2010]
The party purchasing the license, unless the dog is or has
been lost and such loss reported to the Esopus constabulary and reasonable
search has been made. If an animal is not licensed, the term "owner"
shall designate and cover any person or persons, firm, association
or corporation who or which, at any time, owns or has custody or control
of, harbors or is otherwise responsible for any animal which is kept,
brought or comes within the town. Any person owning or harboring a
dog for a period of one week prior to the filing of any complaint
charging a violation of this article shall be held and deemed to be
the "owner" of such dog for the purpose of the article. In the event
that any dog found to be in violation of this article shall be owned
by a minor, the head of the household in which said minor resides
shall be deemed to have custody and control of said dog and shall
be responsible for any acts of the said dog and violation of this
article.
As applied to an animal, shall describe, designate or apply
to:
Every animal which seriously and habitually
disturbs the peace and quiet of the neighborhood by barking or howling
or making other disturbing noises.
Every animal which habitually chases any persons
or bicycles, automobiles or other vehicles upon any public highway
or in any such public place.
Every animal which causes damage or destruction
to property upon premises other than that of the owner or person harboring
such animal.
Every animal which is a dangerous animal as
defined in the above definition of "dangerous"; every such animal
is hereby declared to be a public nuisance.
Defined as set forth in § 108 of the Agriculture
and Markets Law of the State of New York.
[Added 11-18-2010 by L.L. No. 1-2010]
The area within the corporate limits of the Town of Esopus.
B.
All other
words and phrases in this article have the meanings respectively ascribed
to them by § 108 of the Agriculture and Markets Law.
[Added 11-18-2010 by L.L. No. 1-2010]
The owner of every animal which is at any time
kept, brought or comes into the town will be held responsible for
the strict observance by such animal and with respect to such animal
of all the rules and regulations contained in this article at all
times when such animal is within the town.
The owner of every female animal must effectively
confine such animal at all times during every period when such animal
is in heat.
No person who owns a dog shall permit such dog
to be at large in the Town of Esopus, Ulster County, New York, unless
said dog is restrained by an adequate collar and leash or unless accompanied
by its owner or a responsible person able to control the animal other
than when on the premises of the person owning, keeping, harboring
or having the custody and control of such dog or upon the premises
of another with the knowledge, consent and approval of the owner of
said premises or when hunting in the company and under the control
of a hunter or hunters.
[Added 11-18-1999 by L.L. No. 3-1999]
No person owning, keeping, harboring or having
the custody and control of any dog shall permit or allow the dog to
engage in the following actions:
A.
Engage in habitual loud howling, barking, crying or
whining or conduct itself in such a manner so as to unreasonably and
habitually disturb the comfort or repose of any person other than
the owner of such dog.
B.
Uproot, dig or otherwise damage any vegetables, lawn,
flowers, garden beds or other property not belonging to the owner
of such dog.
C.
Chase, jump upon 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 or injury.
D.
Habitually chase, run alongside of or bark at motor
vehicles while on a public street or highway or upon public or private
property other than property of the owner or harborer of said dog.
E.
Create a nuisance by defecating, urinating or digging
on public property or private property other than the property of
said dog.
F.
Be at large on any school premises or recreational
areas, or the sidewalks adjacent thereto, unless said dog is on leash.
[Added 11-18-1999 by L.L. No. 3-1999]
A.
No person shall keep or harbor a dog which howls or
barks in violation of this section.
B.
It shall constitute a violation of this section if
the howling or barking occurs continually and is audible beyond the
property line of the premises on which the dog is located:
C.
It shall be a defense to such violation if the owner
of the dog proves by a preponderance of the evidence that the only
reason the dog was howling or barking was that the dog was being provoked
by a person or was otherwise being incited, or was acting as a guide
dog, hearing dog, service dog or police work dog.
[Added 9-12-1990 by L.L. No. 6-1990]
A.
Dangerous dogs shall be dealt with pursuant to § 121
of the Agriculture and Markets Law of the State of New York.
B.
Any person, firm or corporation keeping or harboring
snakes, animals or other creatures which could cause harm to human
beings shall file annually (as of January 1) with the Town Clerk and
the Chief of the Fire Department in the fire district in which the
creatures are housed or harbored a list of the creatures, the temperament
of each (i.e., poisonous, likely to bite and cause harm, etc.). The
purpose of this subsection is to forewarn Fire Department personnel
in the event that they must enter the building or property in the
event of a fire or other emergency.
[1]
Editor's Note: Former § 68-19, Dangerous
animals, as amended, was repealed 9-12-1990 by L.L. No. 5-1990.
[Amended 6-12-1980 by L.L. No. 8-1980]
A.
The Town of Esopus may appoint a Dog Control Officer
pursuant to the appropriate statues of the State of New York or, in
the alternative, may designate a representative or representatives
to serve as special Dog Control Officers as needed. It shall be the
duty of the Dog Control Officer to enforce the appropriate provisions
of the Agriculture and Markets Law with respect to dogs in the Town
of Esopus and to enforce this article.
B.
The Dog Control Officer of the Town of Esopus shall
seize any dog which is found to be in violation of any provision of
this article as well as any dog or dogs otherwise required to be seized
under and by virtue of the Agriculture and Markets Law of the State
of New York. All complaints concerning alleged violations shall be
communicated to the Dog Control Officer. All such complaints shall
be investigated, and it shall be the duty of the Dog Control Officer
in the appropriate case to proceed with civil or criminal enforcement,
as the case may be.
[Amended 4-16-1981 by L.L. No. 2-1981]
Any dog at large which does not display any
current dog license or other means of identification or which fails
to exhibit any evidence of having had administered to it a rabies
vaccination shall be considered an abandoned dog and may be summarily
impounded by the Dog Control Officer.
A.
Every dog seized shall be properly fed and cared for
at the expense of the Town of Esopus until disposition thereof, as
herein provided, and in accordance with the applicable provisions
of the Agriculture and Markets Law of the State of New York.
B.
Every dog seized shall be treated in a humane manner.
C.
If the dog seized bears a license tag, the Dog Control
Officer shall ascertain the owner of the dog and shall give immediate
notice by personally serving such owner, or by mailing said personal
notice to such owner, or an adult member of his family with a notice
in writing stating that the dog has been seized and will be destroyed
unless redeemed as herein provided.
[Amended 6-12-1980 by L.L. No. 8-1980]
D.
The owner of a seized dog may redeem the dog within
seven days, except that the owner of a dog bearing a license tag may
redeem the dog within 12 days, by paying to the Town Clerk the sum
of $5, as the cost of seizure, and the reasonable cost of feeding
and caring for such dog.
[Amended 4-16-1981 by L.L. No. 2-1981]
E.
[1]If not so redeemed, the owner shall forfeit all title to
the dog, and the dog shall be sold or destroyed by the Dog Control
Officer. In the case of sale, the purchaser must pay the purchase
price to the Town Clerk and obtain a license for such dog. A dog which
is to be destroyed shall be destroyed in keeping with the latest humane
practices of disposing of animals. The Dog Control Officer who causes
such dog to be destroyed shall make a written report of such destruction
and disposition to the Town Clerk stating that the dog was destroyed
in keeping with humane practices. The Town Clerk shall keep a record
of all dogs which are destroyed.
[Added 8-14-1985 by L.L. No. 5-1985]
[1]
Editor's Note: Former Subsection E, which
provided provisions for dogs not redeemed by owners, as amended 4-16-1981
by L.L. No. 2-1981, was repealed 8-14-1985 by L.L. No. 4-1985.
[Amended 6-12-1980 by L.L. No. 8-1980]
It shall be unlawful for any person in the Town
of Esopus to torture, torment, deprive of necessary sustenance, unnecessarily
or cruelly beat or otherwise abuse or needlessly mutilate or kill
a living animal or creature. Any animal so treated shall be impounded
by the Dog Control Officer. The owner thereof shall be notified in
writing and by personal service or by regular mail of the alleged
violation, and the matter shall be referred to the Town Justice for
a hearing and determination.
[Amended 6-12-1980 by L.L. No. 8-1980]
A.
Penalties for violations of this article shall be
dealt with pursuant to Article 7, § 118, of the Agriculture
and Markets Law of the State of New York.
[Amended 11-18-2010 by L.L. No. 1-2010]
B.
The Dog Control Officer, or any peace officer duly
appointed by the Town Board of the Town of Esopus, shall have the
authority to issue appearance tickets pursuant to the Criminal Procedure
Law for violations of this article.
The owner, harborer or possessor of any dog
destroyed under the provisions of this article shall not be entitled
to any compensation, and no action shall be maintainable thereafter
to recover the value of the dog.
The Town Board may from time to time amend,
supplement, change, modify or repeal this article pursuant to the
provisions of the Town Law applicable thereto.
