[HISTORY: Adopted by the Town Board of the Town of Boston 5-6-81
by L.L. No. 2-1981. Amendments noted where applicable.]
As used in this chapter, unless the context otherwise indicates, the
following terms shall have the meanings indicated:
Elsewhere than on the premises of the owner or on the premises of
another person without the knowledge, consent and approval of said other person
and not under the control and restraint of said owner by adequate leash, cord,
chain or otherwise.
Any member of the species Canis familiaris.
Any individual appointed by the Town Board to assist in the enforcement
of Article 7 of the New York State Agriculture and Markets Law and this chapter,
or any authorized officer, agent or employee of an incorporated humane society
or similar incorporated dog protective association under contract with the
municipality to assist in the enforcement of Article 7 of the New York State
Agriculture and Markets Law and this chapter.
Any dog carrying an identification tag as provided in § 112
of the New York State Agriculture and Markets Law.
Any person, firm, association or corporation owning, harboring, keeping
or having the custody or control of any dog.
No person shall harbor or have the care, custody or control of any unlicensed
dog of the age of six months or older.
No person owning, harboring or having the care, custody or charge of
any dog, whether male or female, or whether identified or not, shall allow
or permit such dog at any time to run at large within the Town of Boston unless
such dog shall be effectively controlled and restrained by a competent person
by means of a chain or leash not exceeding 10 feet in length.
No owner shall permit or allow such dog to urinate, defecate or commit
any other nuisance or damage to property of the public or of another in any
park, public building, street, parking lot or any public sidewalk or on any
private property.
No owner of a dog or a duly approved kennel within the Town of Boston
shall suffer or permit any dog or dogs to create any unreasonable, loud or
disturbing noise of such an intensity and duration as to be detrimental to
the life, health or welfare of any individual, and the violation hereof is
prohibited and deemed to be a public nuisance, and such dog or dogs shall
be so housed and confined in a place so constructed as to prevent such disturbing
and unnecessary noise as may result from the habitual or continual barking
of such dog or dogs. The provisions of this section shall be liberally construed
to prevent excessive, unreasonable, disturbing and unnecessary noise, due
consideration being given to the circumstance, time of day, particular location
of each violation and demands of the public health, safety and welfare.
Any unlicensed dog, any dog running at large within the Town of Boston
contrary to the provisions of § 49-3 or any dog which shall constitute
a dangerous dog, defined as and deemed to be any dog which chases, jumps at
or onto, snaps at or bites or has bitten any person or attacks, chases or
worries any domestic animal, or which chases vehicles of any kind in the streets
or public places or is an unspayed female dog in time of heat running at large
or runs with a pack of dogs, shall be subject to seizure and impounding by
the Dog Control Officer, any police officer or by any other person or agency
designated by the Town or authorized by law to seize and impound such dog,
and any such Dog Control Officer, police officer or other person or agency
so seizing such dog hereunder shall be empowered to exercise such degree of
force as shall be necessary to effect such seizure.
A.
This chapter shall be enforced by the Dog Control Officer
or by the Town Police Department or any other enforcement officer.
B.
A Dog Control Officer or a peace officer observing the
violation of this chapter or of § 119, Subdivision 1, of the New
York State Agriculture and Markets Law in his presence shall issue and serve
such process as prescribed by the Town Board, by resolution, in accordance
with § 124, Subdivision 2(c), of the New York State Agriculture
and Markets Law.
Any dog which violates the provisions of this chapter or of Article
7 of the New York State Agriculture and Markets Law may be impounded and taken
to such place as may be designated by the Town Board as a place of detention.
Such dog so detained may be redeemed by its owner as hereinafter provided.
Promptly upon seizure of any identified dog, the owner of record of
such dog shall be notified personally or by certified mail, return receipt
requested, of the facts of seizure and the procedure for redemption. If notification
is personally given, such dog shall be held for a period of seven days after
day of notice, during which period the dog may be redeemed by the owner. If
such notification is made by mail, such dog shall be held for a period of
nine days from the date of mailing, during which period the dog may be redeemed
by the owner. In either case, the owner may redeem such dog upon payment of
the impoundment fees prescribed by this chapter and by producing proof that
the dog has been licensed.
Each dog which is not identified, whether or not licensed, shall be
held for a period of five days from the day seized, during which period the
dog may be redeemed by its owner, provided that such owner produces proof
that the dog has been licensed and has been identified pursuant to the provisions
of § 112 of the New York State Agriculture and Markets Law, and
further provided that the owner pays the impoundment fee as hereinafter provided.
Any 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.
[Amended 8-7-85 by L.L. No. 1-1985]
A.
Any dog may be redeemed by its owner during the redemption
period upon payment of the following impoundment fees:
(1)
$20 for the first impoundment of any dog owned by that
person.
(2)
$30 for the first 24 hours or part thereof and $3 for
each additional 24 hours or part thereof for the second impoundment within
one year of the first impoundment of any dog owned by that person.
(3)
$50 for the first 24 hours or part thereof and $3 for
each additional 24 hours or part thereof for the third and subsequent impoundments
within one year of the first impoundment of any dog owned by that person.
B.
No dog shall be redeemed unless its owner produces proof
that the dog has been licensed.
A.
The owner of any dog who is issued an appearance ticket
or other process pursuant to this chapter may answer the same by registered
or certified mail, return receipt requested, within five days of the violation
or violations as hereinunder provided in lieu of a personal appearance on
the return date at the time in court specified in said appearance ticket.
B.
If the person charged with the violation admits to the
violation as charged in the appearance ticket, he may complete the appropriate
form on such appearance ticket and forward such form and appearance ticket
to the office specified on such appearance ticket. Such appearance ticket
shall set forth the schedule of fines for violations of this chapter, and
a check or money order in the amount of the fine for the violation charged
shall be submitted with such answer.
C.
If the person charged with the violation denies part
or all of the violation as charged, he may complete the appearance ticket
likewise prescribed for that purpose and forward such appearance ticket, together
with a certified check or money order in the amount of $15, to the office
of the court specified on such appearance ticket. Upon receipt, such answer
shall be entered in the docket and a new return date established by the court
officer. Such person shall be notified by return mail of the date and place
of such return date or trial and security shall be returned upon the appearance
thereat. If a person shall fail to appear on the 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 warrant for arrest may be issued
pursuant to the Criminal Procedure Law.
D.
In the event there is a violation of this chapter based
upon an information and not an appearance ticket and the owner of the dog
demands a trial, he shall post bail of $25 and demand in writing a trial.
The Dog Control Officer or other enforcement officer shall immediately proceed
to file an information with the Town Justice so that the matter will appear
on the docket of the Town Justice Court as soon as possible. The rules of
procedure and proof applicable in criminal actions shall apply.
The Dog Control Officer is hereby authorized to sell any dog impounded
at such price as he shall determine to be fair, and shall deposit such sum
in the general fund of the Town. The Town shall keep a record of all sales,
and such records shall be open to public inspection. Such records shall be
kept for six years.
In the event it becomes necessary to euthanize a dog, the Dog Control
Officer or other law enforcement officer shall arrange, through a veterinarian
or Dog Control Officer in his facilities, to humanely euthanize said dog and
dispose of the carcass. Any Dog Control Officer that euthanizes a dog shall
make a report in writing, in such form as required by the Commissioner.
Seizure of any dog shall not relieve any person from any violation of
§ 119 of the New York State Agriculture and Markets Law or of this
chapter.
Any violation of this chapter or of § 119 of the New York
State Agriculture and Markets Law shall constitute an offense, and a person
convicted of such violation shall be liable for a fine for the first violation
of not more than $25; for a second violation, a fine of not more than $50;
and for a third and subsequent violation, a fine of not more than $75. In
addition, a dog found to be dangerous may be ordered securely confined or
destroyed in the discretion of the court.
The owner, possessor or harborer of any dog euthanized under the provisions
of this chapter shall not be entitled to any compensation, and no action shall
be maintainable thereafter to recover the value of such dog.
Pursuant to § 110, Subdivision 4, of the New York State Agriculture
and Markets Law, an annual fee of $2.50 for each dog licensed by the Town
of Boston, New York, under § 109, Subdivision 1, of the New York
State Agriculture and Markets Law will be added to the fees established by
§ 110, Subdivision 1, of the New York State Agriculture and Markets
Law. The above-mentioned annual fee will be charged for all licenses becoming
effective on and after the effective date of this chapter.
