[Adopted 11-17-1980 by L.L. No. 6-1980 (Ch.
38, Art. I, of the 1979 Code); amended in its entirety 4-13-1999 by L.L. No.
1-1999]
Pursuant to the applicable provisions of the
Agriculture and Markets Law of the State of New York, license fees
have been established by the Town of Hamptonburgh and are set forth
and contained in the Town Fee Schedule, as amended.
[Amended 12-6-2010 by L.L. No. 3-2010]
Excepted from payment of the license fee are
applications submitted for a dog license for any guide, hearing, service,
war, working search, detection, police and therapy dogs.
[Adopted 6-8-1981 by L.L. No. 2-1981
(Ch. 38, Art. II, of the 1979 Code)]
As used in this article, the following terms
shall have the meanings indicated:
DOG CONTROL OFFICER
The person authorized by the Town Board from time to time,
by resolution, to enforce the provisions of this article. A Dog Control
Officer shall have all the powers of a constable or other peace officer
in the execution of the provisions of this article, including service
of a summons, the service of an appearance ticket pursuant to and
in accordance with § 122 of the Agriculture and Markets
Law of the State of New York, and the service and execution of any
order of process, notwithstanding any provision of the Justice Court
Act.
[Amended 4-13-1999 by L.L. No. 1-1999; 12-6-2010 by L.L. No. 3-2010]
OWNER
Any person who is a licensed owner of a dog and any person
who keeps, feeds or harbors a dog for over one week, regardless of
ownership. The owner need not be a resident of the Town of Hamptonburgh
but, for a violation to occur, the dog must be in the town limits
of the Town of Hamptonburgh.
It shall be unlawful for any owner of or any
person harboring any dog to permit or allow such dog while in the
Town of Hamptonburgh to:
A. Engage in habitual loud howling or barking or to conduct
itself in such a manner as to annoy any person other than the owner
or person harboring such dog. Continuous or intermittent howling or
barking for more than 1/2 hour shall be presumptively a violation
of this article.
B. Cause damage or destruction to property or commit
a nuisance upon the premises of a person other than the owner or person
harboring such dog.
C. Chase, bark at or otherwise harass any person in such
a manner as to cause intimidation or to put such person in a reasonable
apprehension of bodily harm or injury.
D. Leave the dog owner's property to chase or bark at
motor vehicles.
E. Remain in the Town of Hamptonburgh unless licensed
and cared for in accordance with provisions of the New York State
Agriculture and Markets Law.
F. Defecate or urinate in such a way as to cause annoyance
to the residents, nor shall the owner of a dog allow his dog to tip
over trash cans or destroy other devices used to contain refuse.
G. Leave the dog owner's property, unless the dog is
under the direct supervision of the owner of the dog.
[Amended 5-7-1996 by L.L. No. 4-1996]
It shall be unlawful for the owner or person
harboring any female dog to permit such dog to run at large when in
heat. It shall be presumed that a dog is running at large if it is
off the premises of the owner or person harboring a dog.
The Dog Control Officer is hereby empowered
to seize any dog which has violated any of the provisions of this
article, and any such dog so seized shall be impounded or taken to
such place as may be designated by the Town Board as a place of detention
until disposition thereof shall have been made in accordance with
the provisions of this article.
[Amended 4-13-1999 by L.L. No. 1-1999]
An owner shall forfeit title to any dog unredeemed
at the expiration of the appropriate redemption period, and the dog
shall then be available for adoption or euthanized. The town shall
keep for three years a record of the disposition of all dogs seized,
which records shall be open to public inspection.
This article shall supplement and be in addition
to the provisions of Article 7 of the Agriculture and Markets Law
and, wherever not inconsistent with this article, the provisions of
Article 7 of the Agriculture and Markets Law shall also apply.
[Amended 5-7-1996 by L.L. No. 4-1996; 4-13-1999 by L.L. No. 1-1999; 12-6-2010 by L.L. No. 3-2010]
Except as otherwise provided in § 118
of the Agriculture and Markets Law, any person, firm or corporation
who shall violate any of the provisions of this article or Article
7 of the Agriculture and Markets Law shall, upon conviction, be punishable
by a fine of not less than $25, except that where the person was found
to have committed such violation within the preceding five years,
the fine may be not less than $50, and where the person was found
to have committed two or more such violations within the preceding
five years, it shall be punishable by a fine of not less than $100
or imprisonment for not more than 15 days, or both.