A. 
The title of this article shall be "Animal Control Law of the Village of Fishkill."
B. 
The Village Board of the Village of Fishkill, to protect the people of the Village from certain nuisances caused by dogs running at large and other uncontrolled behavior, enacts the following restrictions on the harboring of dogs within the Village, pursuant to the provisions of § 124 of the Agriculture and Markets Law of the State of New York.
A. 
This chapter shall be enforced by the Town of Fishkill's Animal Control Officer and by police officers employed by the Town and Village of Fishkill. Those persons shall have the authority to issue appearance tickets or other process set forth within §§ 114 and 124 of the Agriculture and Markets Law.
B. 
As used in this chapter, the following words shall have the following respective meanings:
ANIMAL OWNER
Any person entitled to claim lawful custody and possession of a dog or other animal and 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 Animal Control Officer and a reasonable search has been made. If a dog 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 dog which is kept, brought or comes within the Town or Village. Any person owning or harboring a dog or other animal for a period of one week prior to the filing of any complaint charging a violation of this chapter shall be held and deemed to be the owner of such dog or other animal for the purpose of this chapter. In the event that the owner of any dog or other animal found to be in violation of this chapter shall be under 18 years of age, the head of the household in which said minor resides shall be deemed to have custody and control of said animal and shall be responsible for any acts of the said animal and violation of this chapter.
CONFINED
Such dog or other animal is securely confined or restrained and kept on the owner's premises, either within a building, kennel or other suitable enclosure or securely fastened on a chain, wire or other effective tether of such length and so arranged that the dog or other animal cannot reach or endanger any person on any adjacent premises or on any public street, way or place or, if the dog or other 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 be expected to escape therefrom. Dogs participating in obedience training or competition, dog shows, field trials or hunting in the company of a hunter shall be considered "confined."
DOG
Male and female, licensed and unlicensed, members of the species Canis familiaris.
RUN AT LARGE
To be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands or not being confined as required by the provisions of this chapter.
TOWN
The area within the limits of the Town of Fishkill.
VILLAGE
The area within the corporate limits of the Village of Fishkill.
A. 
Pursuant to §§ 107, 108, 109 and 110 of Article 7 of the Agriculture and Markets Law, no person shall own or harbor a dog unless such dog is licensed. Such license shall be renewed annually at fees determined by the State of New York and by the Town or Village of Fishkill Board, from time to time, by resolution consistent with the fee guidelines for spayed or neutered dogs and unspayed or unneutered dogs, respectively, as set forth in § 110 of the Agriculture and Markets Law. There shall be no fee for any license issued for any guide dog, hearing dog, service dog, war dog or police work dog, and copies of any license for such dogs shall be conspicuously labeled as such by the person issuing the license.
B. 
Dogs under the age of six months, which are not at large, shall not require a license.
C. 
The application shall state the sex, actual or approximate age, breed, color and official identification number of the dog, and other identification marks, if any, and the name, address, telephone number, county and town, city or Village of residence of the owner.
D. 
The application shall be accompanied by the license fee and a certificate of rabies vaccination or a statement certified by a licensed veterinarian stating that, because of old age or other reason, the dog's life would be endangered by the vaccine. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner showing that the dog has been spayed or neutered, provided that such certificate or affidavit shall not be required if the same is already on file with the Town of Fishkill Clerk. In lieu of the spay or neuter certificate, an owner may present a statement certified by a licensed veterinarian stating that he has examined the dog and found that, because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as for spayed or neutered dogs.
E. 
Upon validation by the Town Clerk, the application shall become a license for the dog described therein. Once an application has been validated, no refund therefor shall be made.
F. 
The Town Clerk shall provide a copy of the license to the owner and send, within 48 hours of validation, a copy of the license to the state and retain a copy in the manner prescribed by the state.
G. 
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog.
All dogs required to be licensed must wear an identification tag, and or microchip ID, bearing the official identification number issued by the license, attached to a collar. No dog shall be permitted to be without a collar and an identification tag. All untagged dogs shall be subject to seizure and confinement by the Animal Control Officer. The collars of all dogs six months and over shall also have a tag evidencing rabies vaccination.
Any female dog in heat shall be confined within a protected enclosure on the premises of the owner or person harboring the dog.
All premises occupied or used by dogs shall be kept in a clean and sanitary condition. Failure to provide adequate feed, water or shelter shall be a violation of this chapter and shall constitute grounds for seizure of the animal hereunder. These principles shall apply both to individual owners and to any other persons harboring dogs for training, retail sale, or boarding.
A. 
Any dog or other animal in the Village of Fishkill shall be confined when not accompanied by its owner.
B. 
It shall further be unlawful for any owner of any dog or other animal in the Village of Fishkill to permit or allow such dog or other animal to:
(1) 
Run at large unless the dog or other animal is restrained by an adequate leash when off the owner's property.
(2) 
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 or other animal.
(3) 
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property not belonging to the owner of such dog or other animal.
(4) 
Chase, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
(5) 
Habitually chase, run alongside or bark at motor vehicles while on a public street or highway upon public or private property other than property of the owner or harborer of said dog.
(6) 
Create a nuisance by defecating, urinating or digging on public property or private property other than the property of the said owner.
(a) 
When off the property of the owner, owners shall be responsible for immediate cleanup of any excrement deposited by their animals.
(b) 
Removal of feces/waste. In the event that any dog is on any public property or private property without permission of the owner, it shall be the duty of such dog owner or person in possession, custody, control or in charge of such dog, upon being notified that said dog has defecated or deposited canine feces/waste on such public or private property, to immediately remove such canine feces/waste by depositing same in a plastic bag or other property receptacle and properly disposing of same in a container for the disposal of refuse.
(7) 
Harass, pursue, chase, or kill any domestic animal or wildlife.
C. 
Rabies. No one in the Village of Fishkill shall own or harbor a dog of greater than six months of age unless it has been inoculated against rabies. Upon request of the Animal Control Officer or, if necessary, by a Town or Village Justice, any person shall produce a current certificate of inoculation.
A. 
This chapter shall be enforced by the Animal Control Officer or any other law enforcement officer.
B. 
The Animal Control Officer or any peace officer observing a violation of this chapter in his or her presence, or having reasonable cause to believe that a person has violated this chapter, shall issue and serve an appearance ticket for such violation.
C. 
The Animal Control Officer or any peace officer shall seize any unlicensed dog whether on or off the owner's premises, any dog not wearing a tag and which is not on the owner's premises and any dog found in violation of § 43-3A of this chapter. The Animal Control Officer or peace officer may also investigate and report to a Village Justice of the Village any dangerous dog, as described in § 121 of the Agriculture and Markets Law, and see that the order of the Village in such case is carried out.
D. 
Any person who observes a dog in violation of this chapter may file a complaint under oath with the Animal Control Officer and/or the Village of Fishkill Police specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of the dog. Upon receipt by the Animal Control Officer or Village Police of any such complaint, he/she shall summon the alleged owner to appear in person before the Village court for a hearing, at which both the complainant and owner shall have an opportunity to be represented by counsel and to present evidence. If, after such hearing, the Village Justice decides that further action is warranted, he may in addition to imposing a penalty pursuant to § 58-12:
(1) 
Order the owner to restrain such dog by collar and leash at all times, whether on or off the owner's property.
(2) 
Order the owner to confine such dog to the premises of the owner.
(3) 
Effect such other remedy authorized by law as may be warranted by the circumstances in such case.
E. 
A violation of any order issued by a Village Justice under the provisions of this section shall be an offense punishable, upon conviction thereof, as provided in § 58-12.
The Animal Control Officer or any peace officer is hereby empowered to seize any dog or other animal which has violated the provisions of this chapter and/or Article 7 of the Agriculture and Markets Law. Such dog or other animal so seized shall be impounded or taken to such place as may be designated by the Village Board as a place of detention until disposition thereof shall have been made in accordance with the provisions of this chapter.
A. 
Seizure; fines; redemption.
(1) 
Any dog which is not carrying an identification tag and which is not on the owner's premises, any dog which is not licensed, whether on or off the owner's premises, and any dog in violation of any other provision of this chapter shall be subject to seizure, redemption, impoundment fees and adoption procedures as set forth in § 118 of the Agriculture and Markets Law.
(2) 
Pursuant to § 118, Subdivision 4(c), of the Agriculture and Markets Law, fines and impoundment fees are set by the Town Board resolution in its adoption of the town's Fee Schedule.
B. 
Periods of redemption. Any dog or other animal seized by the Animal Control Officer or peace officer shall continue to be impounded and held by him for the following prescribed time periods:
Type of Seizure
Redemption Period
Unlicensed or unidentified dog
5 days
Licensed dog
5 days (if personal notice, from date of notice)
Licensed dog
7 days (if mail notice, from date of mailing)
C. 
Redemption fees. At any time during the period of redemption the owner of any dog or other animal seized may redeem such dog or other animal, provided that such owner produces proof that the dog has been licensed and has been identified, and provided further that the owner pays the following redemption fees:
Number of Times Impounded
Redemption Fee
First
$50, plus all costs for care and boarding incurred by the Village
Second within 1 year of first impoundment
$75, plus all costs for care and boarding incurred by the Village
Third or more within 1 year of first impoundment
$100, plus all costs for care and boarding incurred by the Village
D. 
No person shall hinder, resist or oppose the Animal Control Officer or any other person authorized to administer and enforce the provisions of this chapter in the performance of the person's duties pursuant to this chapter.
E. 
No action shall be maintained against the Village or Town of Fishkill, any duly designated Animal Control Officer or any other agent or officer of the Town or Village to recover the possession or value of any dog for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this chapter.
F. 
It shall be the duty of the Animal Control Officer to feed and care for, at the expense of the Town, any animal seized hereunder until disposure thereof be made as provided herein.
G. 
Fines and impoundment fees may be paid off in installments at the discretion of the Town Board and upon the execution of a promissory note by the owner of the dog.
H. 
An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized, provided that no dog shall be delivered for adoption unless it has been licensed pursuant to the provisions of this article prior to its release from the custody of a pound or shelter.
I. 
No liability in damages or otherwise shall be incurred on account of the seizure, euthanization or adoption of any dog pursuant to the provisions of this article.
An owner shall forfeit title to any dog or other animal unredeemed at the expiration of the appropriate redemption period, and the dog or other animal shall then be available for adoption or euthanized. The Village or Town shall keep for one year a record of the disposition of all dogs or animals seized, which records shall be open to public inspection.
A. 
The owner of a dog or other animal who is issued an appearance ticket pursuant to § 43-4 herein may answer the same by registered or certified mail, return receipt requested, within five days of the violation(s) as hereunder provided in lieu of a personal appearance on the return date of the time and Court specified in said appearance ticket.
B. 
If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he or she may complete the appearance ticket likewise prescribed for that purpose and forward such appearance ticket to the Village Court. Upon receipt, such answer shall be entered in the docket and a new return date established by said Court. Such person shall be notified by mail of the date and place of such return date and/or trial. If a person shall fail to appear at a return date, a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law.
C. 
In the event that there is a violation of this article based upon an information and not an appearance ticket, the Animal Control Officer or other law enforcement officer shall immediately proceed to file an information with a Village Justice so that the matter will appear on the docket of the Village Justice Court as soon as possible. The rules of procedure and proof applicable in criminal actions shall apply.
Upon conviction, a violation of this article shall be deemed an offense and shall be punishable by a fine not exceeding $50 for the first offense, $100 for the second offense and $250 for each offense thereafter or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment.