[Adopted 6-19-1973 by L.L. No. 1-1973]
[Amended 9-23-1987 by L.L. No. 6-1987]
A.
The Town Board of the Town of Niskayuna finds that
the running-at-large and other uncontrolled behavior of licensed and
unlicensed dogs has caused physical harm to persons, damage to property
and created nuisances within the Town. The Town Board also finds that
the growing popularity of large and/or aggressive dogs and the severe
consequences that can result from a bite by such a dog require the
adoption of regulations requiring additional control measures by the
dog's owner.
B.
The provisions of this article are intended to complement
the provisions of the Agriculture and Markets Law with regards to
dangerous dogs and prohibition of animal fighting.
C.
The purpose of this article is to protect the health,
safety and well-being of persons and property by imposing restrictions
on the keeping and running-at-large of dogs within the Town.
As used in this article, the following terms
shall have the meanings indicated:
The Town Clerk of the Town of Niskayuna.[1]
[Amended 11-20-2014 by L.L. No. 7-2014]
When unprovoked, approaches a person engaged in lawful conduct
in a vicious or terrorizing manner, in an apparent attitude of attack,
threatening injury to said person, his/her property or his/her domestic
animals, and behaves in a manner that causes reasonable apprehension
of bodily harm or injury to any person, his/her property or domestic
animal while the dog is off the owner's property.
Bites, inflicts injury, assaults or otherwise attacks a human
being engaged in lawful conduct or a domestic animal or household
pet, without provocation, while the dog is off the owner's property;
or while upon the owner's property bites or inflicts injury upon
a business invitee or lawful guests;
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting; or
Any dog determined to be a dangerous dog following a hearing
conducted pursuant to the provisions of this article.
Any member of the species canis familiaris.
A person appointed by the Town Board to enforce the provisions
of this article pursuant to the provisions of § 113 of the
Agriculture and Markets Law and to carry out any order of a Town Justice
pursuant to § 123 of the Agriculture and Markets Law.
[Amended 9-23-1987 by L.L. No. 6-1987; 11-23-2010 by L.L. No.
10-2010]
A designated fenced-in area, maintained by the Town of Niskayuna,
for the exercise of dogs.
[Added 9-27-2005 by L.L. No. 6-2005]
The person in whose name a dog was last licensed or a person
who provided food or shelter to a dog, except that if such person
is under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person.
To restrain with a rope, chain or strap attached to a collar
or harness in order to control the movement of a dog.
[Amended 5-2-2006 by L.L. No. 4-2006]
To control the movement of your dog regardless of exciting
or unfamiliar surroundings (such as multiple dogs and people, different
noises, various wildlife, etc.) and visible to you at all times while
still under control.
[Added 5-2-2006 by L.L. No. 4-2006]
A designated, posted area for the exercise of dogs off a
handheld leash while walking, hiking or running in the presence of
a person.
[Added 5-2-2006 by L.L. No. 4-2006]
[1]
Editor's Note: The definition of "Argicultural
and Markets Law," which immediately preceded this definition alphabetically,
was deleted 11-19-1991 by L.L. No. 13-1991.
[Amended 8-20-1974 by L.L. No. 5-1974]
A.
It shall be unlawful in the Town of Niskayuna for
the owner of any dog to:
(1)
Fail to leash such dog, except when such dog is on
property with the express consent of the person owning, leasing or
otherwise responsible for such property, or except when such dog is
under voice and sight control and within a voice and sight control
area designated and posted by the Town.
[Amended 5-2-2006 by L.L. No. 4-2006]
(2)
Fail to confine a female dog in heat to the premises
of the owner.
(3)
Fail to control such dog with the result that such
dog:
(a)
Injures any person peaceably conducting himself where
he may lawfully be.
(b)
Chases, harasses, intimidates or otherwise acts in
a manner so as to cause reasonable apprehension of harm or injury
to any person while off owner's property.
(c)
Causes damage or destruction while on property other
than the property of the owner.
(d)
Creates a nuisance by:
[1]
Unprovoked barking, whining, howling or making
any other noise continuously for a period of 15 minutes or more at
a volume which can be heard anywhere beyond the keeper's property
line and which disturbs the comfort and repose of any person in the
vicinity. For purposes of this subsection, "continuously" shall mean
constant without any period of silence which exceeds 30 seconds;
[Amended 10-1-1996 by L.L. No. 9-1996]
[2]
Defecating, urinating or digging on public property
or private property other than the property of said owner; or
[3]
Chasing motor vehicles, bicycles or pedestrians.
(4)
Permit any dog to enter the Niskayuna Dog Park without
first having obtained a dog park permit from the Town Clerk.
[Added 9-27-2005 by L.L. No. 6-2005]
(a)
The Niskayuna Town Board shall set by resolution a
nonrefundable annual fee for issuance of a dog park permit.
(b)
Both the dog park permit tag and the Town of Niskayuna
dog license tag must be worn by any dog while in the dog park.
[Amended 11-23-2010 by L.L. No. 10-2010]
(c)
The Niskayuna Town Board may by resolution enact rules
and regulations for the use of the Niskayuna Dog Park. It shall be
unlawful for any person to violate any such rules or regulations.
The Town's Animal Control Officer shall have the authority to enforce
such rules and regulations.
(d)
A dog park permit may be revoked for continued violations
of the dog park rules and regulations for any dog designated as a
dangerous dog as provided in this article.
[Amended 11-20-2014 by L.L. No. 7-2014]
B.
The owner of a dog designated as a dangerous dog shall
be required to undertake the following:
[Added 9-23-1987 by L.L. No. 6-1987;
amended 11-20-2014 by L.L. No. 7-2014]
(1)
While on the owner's property, a dangerous dog must
be securely confined indoors or in a securely enclosed structure,
suitable to prevent the entry of young children and designed to prevent
the animal from escaping. If the structure has no bottom, the sides
must be embedded into the ground to prevent escape by the animal.
(2)
A dangerous dog may be off the owner's premises if
it is muzzled and restrained by a substantial chain or leash not exceeding
six feet in length and under the control of a responsible person.
The muzzle must be made in a manner that will not cause injury to
the dog or interfere with its vision or respiration, but must prevent
it from biting any person or animal.
(3)
The owner or keeper of a dog designated as a dangerous
dog shall present to the Dog Control Officer proof that the owner
or keeper has procured liability insurance in the amount of at least
$100,000 covering the twelve-month period during which the animal
is licensed. The policy shall contain a provision requiring the Town
of Niskayuna to be named as an additional insured for the sole purpose
of having the Town of Niskayuna notified of any cancellation, termination
or expiration of the policy.
[Added 9-23-1987 by L.L. No. 6-1987;
amended 11-20-2014 by L.L. No. 7-2014]
A.
Any
person who witnesses an attack or threatened attack, or in the case
of a minor, an adult acting on behalf of such minor, may, and any
Dog Control Officer or police officer shall, make a complaint under
oath or affirmation to any Town Justice of such attack or threatened
attack. Thereupon, the Town Justice shall immediately determine if
there is probable cause to believe the dog is a dangerous dog and,
if so, shall issue an order to any Dog Control Officer, peace officer,
acting pursuant to his or her special duties, or police officer directing
such officer to immediately seize such dog and hold the same pending
judicial determination as provided in this section. Whether or not
the Town Justice finds there is probable cause for such seizure, he
or she shall, within five days and upon written notice of not less
than two days to the owner of the dog, hold a hearing on the complaint.
The petitioner shall have the burden at such hearing to prove the
dog is a "dangerous dog" by clear and convincing evidence. If satisfied
that the dog is a dangerous dog, either under this article or § 106
of the Agriculture and Markets Law of the State of New York, the Town
Justice shall order neutering or spaying of the dog, microchipping
of the dog and one or more of the following as deemed appropriate
under the circumstances and as deemed necessary for the protection
of the public:
(1)
Evaluation of the dog by a certified applied behaviorist, a board-certified
veterinary behaviorist, or another recognized expert in the field
and completion of training or other treatment as deemed appropriate
by such expert. The owner of the dog shall be responsible for all
costs associated with evaluations and training ordered under this
section;
(2)
Secure, humane confinement of the dog for a period of time and in
a manner deemed appropriate by the court but in all instances in a
manner designed to:
(3)
The owner or keeper of a dog designated as a dangerous dog shall
present to the Dog Control Officer proof that the owner or keeper
has procured liability insurance in the amount of at least $100,000
for personal injury or death resulting from an attack by such dangerous
dog. The policy shall contain a provision requiring the Town of Niskayuna
to be named as an additional insured for the sole purpose of having
the Town of Niskayuna notified of any cancellation, termination or
expiration of the policy;
(4)
Restraint of the dog on a leash by an adult of at least 21 years
of age whenever the dog is on public premises; or
(5)
Muzzling the dog whenever it is on public premises in a manner that
will prevent it from biting any person or animal, but that shall not
injure the dog or interfere with its vision or respiration.
B.
Humane
euthanasia or permanent confinement.
(1)
Upon a finding that a dog is dangerous, the Town Justice may order humane euthanasia or permanent confinement of the dog if one of the following aggravating circumstances is established at the judicial hearing held pursuant to Subsection A of this section:
(a)
The dog, without justification, attacked a person causing physical
injury or death; or
(b)
The dog has a known vicious propensity as evidenced by a previous
unjustified attack on a person, which caused physical injury or death;
or
(c)
The dog, without justification, caused physical injury or death
to a companion animal, farm animal or domestic animal, and has previously
been determined to be a "dangerous dog" pursuant to the provisions
of this section or the Agriculture and Markets Law of the State of
New York.
(2)
An order of humane euthanasia shall not be carried out until the
expiration of the time period for filing of a notice of appeal pursuant
to § 123 of the Agriculture and Markets Law of the State
of New York, unless the owner has indicated to the Town Justice in
writing, his or her intention to waive his or her right to appeal.
C.
Exceptions.
(1)
A dog shall not be declared dangerous if the court determines the
conduct of the dog:
(a)
Was justified because the threat, injury or damage was sustained
by a person who at the time was committing a crime or offense upon
the owner or custodian of the dog;
(b)
Was justified because the injured, threatened or killed person
was tormenting, abusing, assaulting or physically threatening the
dog or its offspring, or has in the past tormented, abused, assaulted
or physically threatened the dog or its offspring;
(c)
Was justified because the dog was responding to pain or injury,
or was protecting itself, its owner, custodian, or a member of its
household, its kennels or its offspring; or
(d)
Was justified because the injured, threatened or killed companion
animal, farm animal or domestic animal was attacking or threatening
to attack the dog or its offspring.
(2)
Testimony of a certified applied behaviorist, a board-certified veterinary
behaviorist or another recognized expert shall be relevant to the
court's determination as to whether the dog's behavior was
justified pursuant to the provisions of this subdivision.
[Amended 8-20-1974 by L.L. No. 5-1974; 9-23-1987 by L.L. No.
6-1987]
B.
Any Dog Control Officer having reason to believe, from personal knowledge or upon receipt of a complaint substantiated in writing by any person identifying himself, that a dog owner has failed to control a dog in the Town of Niskayuna in violation of § 81-3A(3) or 81-3B of this article by filing an appropriate accusatory instrument with a Town Justice of the Town of Niskayuna.
C.
Any dog seized pursuant to Subsection A or B of this section shall be impounded, fed, cared for or disposed of as provided in § 117 of the Agriculture and Markets Law.[2]
[Amended 11-23-2010 by L.L. No. 10-2010]
[2]
Editor's Note: Original § 6, which
immediately followed this section and dealt with redemption of seized
dogs, was repealed 10-7-1975 by L.L. No. 9-1975.
[Amended 9-23-1987 by L.L. No. 6-1987]
It shall be unlawful in the Town of Niskayuna for any person to file a complaint, pursuant to § 81-5 of this article, with the Dog Control Officer, knowing any material matter set forth therein to be false or without regard to whether such material matter is true or false.
[Amended 1-6-1976 by L.L. No. 1-1976; 9-23-1987 by L.L. No.
6-1987]
A violation of any of the provisions of § 81-3 of this article shall be an offense punishable, upon conviction thereof, by fine not to exceed $50 for the first offense, $100 for the second offense and $250 for a third and each subsequent offense. Any Dog Control Officer or any other person may charge a violation of this article by the filing of an appropriate accusatory instrument with a Town Justice of the Town of Niskayuna.
[Amended 8-20-1974 by L.L. No. 5-1974; 10-7-1975 by L.L. No.
9-1975; 9-23-1987 by L.L. No. 6-1987; 11-23-2010 by L.L. No.
10-2010; 11-20-2014 by L.L. No. 7-2014]
A.
Any person having personal knowledge of any action in violation of § 81-3A of this article or any Dog Control Officer as provided in § 81-5B of this article may file a signed complaint, under oath, with a Town Justice of the Town of Niskayuna specifying the objectionable conduct of the dog and name and residence, if known, of the owner.
B.
Upon receipt by the Town Justice of any such complaint, he shall
summon the alleged owner to appear in person before him 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 Town Justice decides that further action is warranted,
he may order:
[Amended 4-20-1976 by L.L. No. 3-1976]
A.
Notwithstanding the provisions of § 81-8B above regarding appearance of the summoned owner in person for a hearing, there shall be issued to said summoned owner an appearance ticket, as provided for in § 113 of the Agriculture and Markets Law. The answer to such appearance ticket may be by registered or certified mail, return receipt requested, within five days of the alleged violation, as provided in Subsections B and C of this section, in lieu of personal appearance in the Niskayuna Justice Court at the time and place specified in said appearance ticket.
[Amended 9-23-1987 by L.L. No. 6-1987; 11-23-2010 by L.L. No.
10-2010]
B.
If a person charged with the violation admits to the
violation as charged in the appearance ticket, he may complete a form
to be provided by the Town of Niskayuna and forward such form and
the appearance ticket to the Town of Niskayuna Justice Court, as specified
on the appearance ticket. A schedule of penalties may be set by the
Niskayuna Town Justices, to appear on the answer form, and if the
person charged admits to the violation as charged, a check or money
order in the amount of the penalty for the violation charged must
be submitted with such answer; or, in the absence of a schedule of
penalties, the Niskayuna Town Justices may levy a penalty for each
violation as charged on the appearance ticket and notify the summoned
owner to pay the same by check or money order.
C.
If the person charged with the violation denies part
or all of the violation as charged in the appearance ticket, he may
complete an appropriate form likewise prescribed for that purpose
and forward such form and appearance ticket, together with security
in the amount of $15, to the Town of Niskayuna Justice Court. Upon
receipt, such answer shall be entered and a new return date established
by said Court. Such person shall be notified by return mail of the
date and place of such return date, and the security shall be returned
upon appearance thereat. If a person shall fail to appear at a return
date, when such is provided for pursuant to this section, the security
posted to secure such appearance shall be forfeited, and a summons
or a warrant of arrest may be issued pursuant to the Criminal Procedure
Law.
[Amended 11-23-2010 by L.L. No. 10-2010]
[Amended 9-23-1987 by L.L. No. 6-1987]
No action shall be maintained against the Town
of Niskayuna, any duly designated Dog Control Officer of the Town
or any other agent or officer of the Town to recover the possession
or value of any dog or for damages for injury or compensation for
the destruction of any dog seized or destroyed pursuant to the provisions
of this article.
