[Adopted 9-25-1979 by L.L. No. 3-1979;
amended 12-9-2010 by L.L. No. 6-2010]
[Adopted 12-16-1982 by L.L. No. 1-1982]
The purpose of this article shall be to preserve
public peace and good order in the Town of Southeast and to promote
the public health, safety and welfare of its people by enforcing regulations
and restrictions on the activities of dogs that are consistent with
the rights and privileges of dog owners and the rights and privileges
of other citizens of the Town of Southeast.
As used in this article, the following terms
shall have the meanings indicated:
AT LARGE
An unleashed dog off the premises of the owner.
DOG
Both male and female dogs.
DOG CONTROL OFFICER
A person or persons appointed by the Town for the purpose
of enforcing this article.
LEASHED
Restrained by a leash attached to a collar or harness of
sufficient strength to restrain the dog, which shall be held by a
person having the ability to control the dog.
OWNER
Includes any person who keeps, harbors or has custody, care
or control of a dog. Dogs owned by minors shall be deemed to be the
custody and control of the parents or other head of the household
where the minor resides. Any person harboring a dog for a period of
one week shall be deemed to be the "owner" of the dog for the purpose
of enforcing this article.
SHELTER
A structure constructed and located outside of a residence
used to house a dog. Any structure used to house a dog as aforesaid
must be constructed of sturdy, weatherproof material, contain a floor
which is not dirt and provide adequate protection from extreme weather
conditions, including direct intense sunlight, wind, rain or snow.
A shelter shall be kept clear of extraneous dirt and debris and shall
provide clean bedding.
[Added 1-11-2018 by L.L.
No. 1-2018]
TETHER
A restraint used to confine a dog through the use of a chain,
rope, trolley, cable or similar device attached at one end to a stationary,
fixed point and, at the other end, to a dog's collar or harness.
[Added 1-11-2018 by L.L.
No. 1-2018]
[Amended 12-17-1998 by L.L. No. 7-1998; 9-14-2000 by L.L. No. 5-2000; 11-16-2000 by L.L. No. 6-2000]
A. It shall be unlawful for any owner of a dog in the
Town of Southeast to permit or allow such dog to:
(2) Be off the owner's property unless leashed.
(3) Engage in habitual loud howling, barking or whining
or to conduct itself in such a manner as to habitually annoy any person
other than the owner or harborer of the dog.
(4) Cause damage or destruction to public or private property,
defecate, urinate or otherwise commit a nuisance upon public property
or the property of other than the owner or harborer of the dog; provided,
however, that an owner or harborer of a dog that permits that dog
to soil, defile, defecate or commit any nuisance on the portion of
the street lying between the street and the sidewalk (curbing the
dog) shall be responsible to clean up, on an immediate basis, said
fecal matter, defilement or other nuisance waste.
(5) Bite, chase, jump upon or otherwise harass any person
in such a manner as to cause intimidation or to put such a person
in reasonable apprehension of bodily harm or injury.
(6) Chase, leap on or otherwise harass bicycles or motor
vehicles.
(7) Kill or injure any dog, cat or other household pet.
(8) Be unlicensed when six months of age or older.
(9) Not have a current and valid New York State identification
tag on his collar while at large, whether or not restrained by an
adequate leash.
(10) Enter or remain upon any public park owned or maintained
by the Town, unless such dog is used and actually in use as an aide
to a person with a handicapping condition.
B. It shall be unlawful for any owner, tenant, licensee
or occupant of real property within the Town to:
[Amended 3-24-2011 by L.L. No. 4-2011]
(1) Keep or cause to be kept on such premises an excessive number of dogs, that in the reasonable determination of the Town Code Enforcement Officer creates unsanitary conditions, constitutes a nuisance, and/or generates noise levels that violate the conditions of Chapter
96 of the Code of the Town of Southeast.
(2) Keep or cause to be kept on such premises more than four dogs exceeding six months of age that are licensed to persons other than the owner, tenant, licensee or occupant of the property, unless the premises on which such dogs are kept is established as a duly licensed and permitted kennel pursuant to Chapter
138 hereof.
(3) Tether a dog outside, unless such tether and practice meets the following
criteria:
[Added 1-11-2018 by L.L.
No. 1-2018]
(a)
The dog being tethered is not less than six months of age;
(b)
The tether is at least five times the length of the dog as measured
from the tip of its nose to the base of its tail;
(c)
The tether must be designed for use in tethering dogs (no logging
chains, tow chains or other lines or devices not intended for the
purpose of tethering dogs may be used);
(d)
If a chain or other tethering device is used, such chain or
device shall weigh no more than 1/8 of the dog's body weight;
(e)
No tether shall be attached to a dog unless it is actually connected
to a proper collar or harness designed for tethering dogs (no "choke
chains," "prong" or "pinch" collars may be employed for tethering);
(f)
The tether shall be long enough for the animal to be able to
move around, defecate and urinate in an area which is separated by
at least 10 feet from where the dog must eat, drink or lie down;
(g)
No dog shall be tethered outside between the hours of 10:00
p.m. and 6:00 a.m. prevailing time;
(h)
No dog shall be tethered outside at any time for more than one
hour in temperatures below 32° F. or above 85° F., or in extreme
weather conditions such as snowstorms, heavy wind or during rain storms
unless such animal can gain unrestricted access to shelter as defined
herein; and
(i)
All tethered animals shall have access to clean (nonfrozen)
water and nutritious food in sufficient quantities.
All female dogs shall be confined to the premises
of their owners while such are in heat and may not be left outside
unattended. Any owner not adhering to this rule will be subject to
having the dog seized by the Dog Control Officer and removed to a
safe place of confinement.
Upon taking custody of any animal, the Dog Control
Officer shall make a record of the matter. The record shall include
the date of pickup, breed, general description, sex, identification
numbers, time of pickup, location of release and name and address
of owner, if any.
[Amended 6-16-1988 by L.L. No. 5-1988; 3-21-1996 by L.L. No.
1-1996]
A. If a dog is seized and not wearing a license tag,
it shall be held for a period of no less than five days.
B. If a dog seized is wearing an identification number,
the owner shall be promptly notified, either in person or by certified
mail. If the owner is notified in person, the dog shall be held for
a period of no less than five days; if notified by mail, no less than
nine days.
C. The owner of the dog shall be responsible for any
impoundment fee established by the Town of Southeast plus any other
expenses incurred by the Municipality or its agent to humanely care
for the dog.
D. If not redeemed, the owner shall forfeit all title
to the dog, and it shall be released to an authorized humane society
or kennel to be adopted or euthanized.
E. All dogs so released to an authorized humane society
or kennel may be retained by such authorized humane society or kennel
for a period of up to five days prior to euthanizing the dog. In the
event that the dog is placed out for adoption, such authorized humane
society or kennel shall charge an adoption fee as set forth from time
to time by resolution of the Town Board, which fee shall be retained
and turned over to the Town of Southeast by such humane society or
kennel.
Any person who observes a dog in violation of
any section of this article may file a signed complaint, under oath,
with a Justice of the Town of Southeast or with the authorized Dog
Control Officer or any peace officer, specifying the violation, the
date of violation and the damage caused and including the place the
violation occurred and the name and address of the dog owner, if known.
[Amended 12-9-2010 by L.L. No. 6-2010; 1-11-2018 by L.L. No. 1-2018]
Any Dog Control Officer, Code Enforcement Officer, police officer
or peace officer, including duly authorized officers of the Society
for the Prevention of Cruelty to Animals (SPCA) in Putnam County,
or any other person or persons who are or may be lawfully authorized
by the Town, shall administer and enforce the provisions of this article;
and for such purpose such persons shall have the authority to issue
pursuant to the criminal procedure law of an appearance ticket, or
in lieu thereof, a uniform appearance ticket, or in lieu thereof,
a uniform appearance ticket and simplified information.
[Amended 12-9-2010 by L.L. No. 6-2010; 1-11-2018 by L.L. No. 1-2018]
Any person convicted of a violation of §
60-4A of this article shall be liable for a civil penalty of not less than $25 nor more than $100 for a first violation; of not less than $50 nor more than $200 for a second violation; and not less than $75 nor more than $300 for each subsequent violation. Any person convicted of a violation of §
60-4B of this article shall be guilty of a violation as prescribed by the penal law and subject to a fine of not less than $25 nor more than $200 for a first violation and/or imprisonment of up to 15 days in jail; of not less than $50 nor more than $300 for a second violation and/or imprisonment of up to 15 days in jail; and not less than $75 nor more than $400 and/or imprisonment of up to 15 days in jail for each subsequent violation. All other provisions and requirements of the New York State Agriculture and Markets Law are and remain separately enforceable under New York State law, and nothing in this article purports to limit the enforceability of New York State law. The rights and remedies of enforcement set forth in this article are in addition to, and not in lieu of, any other right or remedy of the Town of Southeast relative to dog licensing and control, whether arising by law or in equity.
No person shall hinder, resist or oppose the
Dog Control Officer, peace officer or other person(s) authorized to
administer or enforce the provisions of this article in the performance
of the officer's duties under this article.
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.