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.
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:
(1) For more than ten minutes between the hours of 10:00
p.m. and 8:00 a.m.; or
(2) For more than 20 minutes between the hours of 8:00
a.m. and 10:00 p.m.
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.
[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.
[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.