[Adopted 7-6-1981 by L.L. No. 3-1981; amended in its entirety 12-20-2010 by L.L. No. 10-2010]
This chapter shall be known and cited as the
"Animal Control Law" of the Town of Kent.
This chapter is enacted pursuant to the provisions
of Article 7 of the Agriculture and Markets Law of the State of New
York and § 130 of the Town Law of the State of New York.
The purpose of this article is to provide for the licensing
and identification of dogs. Effective January 1, 2011, the State of
New York has relinquished the responsibility of dog licensing function
to local municipalities and eliminated the Animal Population Control
Fund. Local municipalities will now be required to adopt legislation
relating to this issue.
As used in this article, the following terms shall have the
meanings indicated:
ADOPT
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog seized or surrendered,
from the Town's animal shelter.
CLERK
The Town Clerk, or Deputy Town Clerk, of the Town of Kent,
by whom licenses are to be validated or issued.
DETECTION DOG
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
DOG
Any member of the species canis familiaris.
EUTHANIZE
To bring about death by humane method.
GEESE DOG
Any dog that is trained to aid the Animal/Dog Control Officer
in the control of geese within the boundaries of the Town.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
that is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred.
HARBOR
To provide food or shelter to any dog.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment
and that is actually used for such purpose, or any dog owned by a
recognized training center located within the State of New York during
the period such dog is being trained or bred for such training.
IDENTIFICATION TAG
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
KENNELS
A structure used for the harboring of more than four dogs
that are more than six months old or more than 12 dogs that are under
six months of age either where a fee is paid for the boarding and
care of the dogs or where the dogs are maintained by the property
owner as pets. Any dog owner whose dogs bear more than one litter
of puppies that are of registered pedigree and offered for sale shall,
for the purposes of this article, be considered as maintaining a "dog
kennel" and must adhere to all regulations governing the same. Any
owner who is maintaining more than four dogs in a residential district,
may maintain those current dogs for the length of their life. When
the dogs expire or are transferred to another owner, they cannot be
replaced.
OWNER
Any person who harbors or keeps any dog.
PERSON WITH DISABILITY
Any person with a disability as that term is defined in Subdivision
22 of § 292 of the New York State Executive Law.
POLICE WORK DOG
Any dog owned or harbored by any municipal police department
or any state or federal law enforcement agency, which dog has been
trained to aid law enforcement officers and is actually being used
for police work purposes.
RUN AT LARGE
Any dog in a public place or on private lands without the
knowledge, consent and approval of the owner of such lands that is
not on a leash or otherwise restrained by its owner or the owner's
agent.
SERVICE DOG
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
THERAPY DOG
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and that is actually used for such purpose, or any
dog owned by a recognized training center located within the State
of New York during the period such dog is being trained or bred for
such purpose.
TOWN
The Town of Kent, including incorporated areas.
WAR DOG
Any dog which has been honorably discharged from the United
States armed services.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons and that is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
Any dog which shall attack any person or domestic animal within
the meaning of Article 7 of the Agriculture and Markets Law of the
State of New York may in the alternative be dealt with in accordance
with Article 7 of said Agriculture and Markets Law.
The owner or harborer of any dog so destroyed under the provisions
of this article, whether destroyed by the Dog Control Officer or a
peace officer or released to an authorized humane society or veterinarian,
shall not be entitled to any compensation, and no action shall be
maintainable thereafter to recover the value of such dog or any other
type of damage.
This local law shall take effect January 1, 2011, after filing
with the Secretary of State.