[HISTORY: Adopted by the Town Board of the
Town of Gardiner as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-14-2003 by L.L. No. 2-2003]
This article shall be known and may be cited
as the "Dog Control Law of the Town of Gardiner, Ulster County, New
York."
The purpose of this article shall be to preserve
the public peace, and good order in the Town, and to contribute to
the public welfare, safety and good order of its people by establishing
certain regulations and restrictions on the activities of dogs and
dog owners.
This article is enacted pursuant to the provisions
of Article 7, § 124 of the Agriculture and Markets Law of
the State of New York.
A.
AGRICULTURE AND MARKETS LAW
AT LARGE
CONFINED
DANGEROUS DOG
DOG
DOG CONTROL OFFICER
HARBOR
IDENTIFIED DOG
OWNER
As used in this article, unless otherwise expressly
stated or unless the context or subject matter otherwise requires,
the following terms shall have the meanings indicated:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of article and as amended thereafter.
Any dog that is not under the immediate control of its owner
and on property open to the public or is on private property not owned
or leased by the owner of the dog unless permission for such presence
has been obtained.
As applied to a dog shall mean that such dog is securely
confined or restrained and kept on the owner's premises, either within
a building, kennel or wire or other suitable enclosure such as a fully
operational electric fence protection system with functioning monitoring
equipment on the dog, or securely fastened on a chain, wire or other
effective tether of such length and so arranged that a dog cannot
reach or endanger any person on any adjacent premises or on any public
street, way or place, or, if the dog is being transported by the owner,
that it is securely confined in a crate, or other container, or so
restrained in a vehicle that it cannot escape therefrom.
Any dog which, without just cause, bites, attacks or otherwise
threatens to attack any person or attacks and wounds a dog, cat, or
other domestic animal (as defined in the Agriculture and Markets Law),
or which displays any other fierce, vicious or dangerous propensities.
A dog shall not be declared dangerous if the court determines the
conduct of the dog 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 or upon the property of the owner
or custodian of the dog, or was justified because the injured person
was tormenting, abusing or assaulting the dog or has in the past tormented,
abused or assaulted the dog, or was responding to pain or injury,
or was protecting itself, its kennels or its offspring, as set forth
in § 121, Subdivisions 4 and 5, of Article 7 of the Agriculture
and Markets Law.
Any member of the species Canis familiaris.
Any person authorized by the Town Board to enforce the provisions
of this article or the provisions of Article 7 of the Agriculture
and Markets Law.
To provide food and/or shelter to any dog.
Each dog licensed pursuant to Agriculture and Markets Law
and wearing its license identification tag, or any other means of
distinctive identification.
Any person, firm, association or corporation owning, harboring
or keeping a dog within the limits of this Town and the parent, guardian,
or other adult person with whom a minor dog owner resides.
B.
"Service dog," "guide dog," "police work dog," "hearing
dog," "detection dog," "war dog" and "therapy dog" are all defined
as set forth in § 108 of the Agriculture and Markets Law
of the State of New York. All other words and phrases used in this
article shall for the purpose of this article have the meanings respectively
ascribed to them by § 108 of the Agriculture and Markets
Law.
[Amended 12-7-2010 by L.L. No. 1-2010[1]]
[1]
Editor's Note: This local law provided an effective date of
1-1-2011.
[Amended 12-7-2010 by L.L. No. 1-2010[1]]
The owner of every dog which is at any time
kept, brought or comes into the Town, shall be held responsible for
the strict observance of such dog, and with respect to such dog, of
all of the regulations contained in this article at all times when
such dog is within the Town, and shall not permit such dog to become
a nuisance. The owner shall license each dog as required by this article
and shall renew each license every year. Said license and identification,
including the dog's name and owner's telephone number, must be attached
to the dog at all times. Each owner is responsible to reimburse the
Town for any and all expenses incurred by the Town in the enforcement
of this article with respect to the owner's dog. Notwithstanding the
foregoing, a dog participating in a dog show in the Town of Gardiner
shall be exempt from the identification requirements of § 111
of the Agriculture and Markets Law during the time of such participation.
[1]
Editor's Note: This local law provided an effective date of
1-1-2011.
[Added 12-7-2010 by L.L.
No. 1-2010]
A.
All dogs in the Town must be licensed with the Town Clerk by the
time that said dog attains four months of age. Owners are required
to present a current certificate of rabies vaccination at the time
of licensing said dog and at the time of renewal of any existing license.
B.
All dog licenses shall be valid for a period of one year. Licenses
shall not be transferable.
C.
Fees for licensing of dogs.
(1)
Fees for licenses and replacement tags.
(a)
The fee for a spayed or neutered dog shall be $2.50 plus a surcharge
of $1 for the purpose of carrying out animal population control.
(b)
The fee for an unspayed or unneutered dog shall be $7.50 plus
a surcharge of $3 for the purpose of carrying out animal population
control.
(c)
A replacement tag fee of $10 shall be charged to offset the
costs associated with the provision and replacement of identification
tags.
(2)
Such fees shall be reviewed by the Town Board from time to time and
may be changed by a resolution of the Town Board.
D.
The annual fee for each purebred license issued shall be as follows:
(1)
Twenty-five dollars per license if no more than 10 registered purebred
dogs or purebred dogs eligible for registration over the age of six
months are harbored on the owner's premises at the time of the application,
plus a surcharge of $3 for the purpose of carrying out animal population
control.
(2)
Fifty dollars if no more than 25 registered purebred dogs or purebred
dogs eligible for registration over the age of six months are harbored
on the owner's premises at the time of the application, plus a surcharge
of $3 for the purpose of carrying out animal population control.
(3)
One hundred dollars if more than 25 registered purebred dogs or purebred
dogs eligible for registration over the age of six months are harbored
on the owner's premises at the time of the application, plus a surcharge
of $3 for the purpose of carrying out animal population control.
E.
Notwithstanding anything to the contrary, there shall be no license
fee required for any license issued to a guide dog, police work dog,
war dog, hearing dog, detection dog, service dog or therapy dog as
defined in § 108 of the Agriculture and Markets Law.
F.
Notwithstanding anything to the contrary, no license shall be required
for any dog that is residing in a dog pound or shelter maintained
by or under agreement with the State of New York or any county, city,
town or village, or any duly incorporated society for the prevention
of cruelty to animals, or any duly incorporated humane society, or
duly incorporated dog protective association.
G.
All dog licenses shall be purchased at the Town Clerk's office or
may be requested by regular mail. However, if a licensing or renewal
of a license is done by mail, the appropriate fees must accompany
the application form.
H.
The Town Clerk shall retain a copy of each dog license issued and,
upon request, shall make a copy of same available to the Department
of Agriculture and Markets.
I.
In the event of a change of ownership of a dog or a change of address of a dog, or in the event that a dog has been lost or stolen, notification of same shall be given to the Town Clerk within 48 hours of said event. Failure to notify the Town Clerk as required herein shall be punishable pursuant to § 80-10 below.
A.
It shall be a violation of this article for any owner
or custodian of any dog to permit or allow such dog to:
(1)
Be off the owner's property unless said dog is accompanied
by its owner or a responsible person, either of whom must keep said
dog restrained by an adequate leash sufficient to prevent said dog
from physical contact with people or animals, or a hunting dog in
the company of a licensed hunter on other property with permission
of the property owner or operating agency.
[Amended 9-7-2004 by L.L. No. 5-2004]
(2)
Engage in habitual loud howling, barking, crying,
or whining or otherwise conduct itself in such a manner that unreasonably
disturbs the comfort or repose of any person other than the owner
of such dog.
(3)
Uproot, dig, or otherwise damage any vegetable, lawns,
flowers, gardens or other property not belonging to the owner of such
dog, or to allow such dog to defecate, urinate, or dig, or enter on
property not belonging to the owner of such dog, or to otherwise cause
damage or destruction to property upon premises other than the owner's
or the property of the person harboring said dog.
(4)
Chase, jump upon or at, or otherwise harass any person
(other than the owner) in such a manner as to reasonably cause intimidation
or fear, or to put such person in reasonable apprehension of bodily
harm or injury, or chase people, animals or persons on bicycles or
automobiles or other vehicles upon any public highway or upon any
bicycle path or private road where said person, automobile or bicycle
was lawfully traveling.
(5)
Allow a female dog to run at large when said dog is
in the period of heat. Every person who owns or harbors a female dog
is charged with the duty to keep such dog so isolated that it shall
not attract other dogs.
(6)
Breed or attempt to breed or aid or abet the breeding
of any dog in any public place within the Town or any place within
the Town not entirely enclosed and completely screened from observation
from without the enclosure.
B.
In order to promote humane treatment of dogs in the
community:
(1)
Each owner must provide appropriate food, water and
shelter consistent with the specific needs of the breed.
(2)
It shall be a violation of this article for any owner
of any dog to permit the premises, structures or enclosures in which
such dog is kept to be unclean or unsanitary.
(3)
It shall be unlawful for any person in the Town of
Gardiner to torture, torment, deprive of necessary sustenance, unnecessarily
or cruelly beat or otherwise abuse or mutilate a dog. The violator
thereof shall be notified in writing and by personal service or by
regular mail, of the alleged violation.
(4)
It shall be unlawful to unjustifiably kill a dog except
to the extent that it is euthanized due to serious illness, injury,
infirmity, etc.
A.
Any Dog Control Officer, the Town Supervisor or any
other persons duly authorized by resolution of the Town Board who
observes a violation of this article or of Agriculture and Markets
Law Article 7, or who receives a duly sworn complaint from someone
who observes such violation, may issue and serve an appearance ticket
or other instrument for such violation as prescribed in § 114,
Subdivision 1, of the Agriculture and Markets Law.
B.
The Dog Control Officer or such other duly designated
persons will enforce the provisions of this article and will make
a complaint under oath or affirmation to the Town Justice of the Town
of Gardiner with respect to any such violation.
A.
Any dog found in violation of the provisions of this
article, or the provisions of Agriculture and Markets Law § 109,
may be seized pursuant to the provisions of § 117 of the
Agriculture and Markets Law.
[Amended 12-7-2010 by L.L. No. 1-2010[1]]
[1]
Editor's Note: This local law provided an effective date of
1-1-2011.
B.
Promptly upon seizure of any identified dog, the owner
of record of such dog shall be notified in accordance with § 117,
Subdivision 6, of the Agriculture and Markets Law.
[Amended 12-7-2010 by L.L. No. 1-2010]
C.
Every dog seized shall be properly cared for at the
Town shelter, fed and watered for the redemption period of 10 days.
In the event of overcapacity, alternative arrangements will be made
as determined by the Dog Control Officer.
D.
Seized dogs may be redeemed by producing proof of
licensing and identification pursuant to Article 7 of the Agriculture
and Markets Law and by paying the impoundment fees set forth in § 117
of the Agriculture and Markets Law. Notwithstanding § 117
of the Agriculture and Markets Law, the Town may set fees by local
law.
[Amended 12-7-2010 by L.L. No. 1-2010]
E.
If the owner of any unredeemed dog is known, such
owner shall be required to pay the impoundment fees referred to above,
whether or not such owner chooses to redeem his or her dog.
F.
Any dog unredeemed at the expiration of the redemption
period shall be made available at the Town shelter and offered for
adoption in a suitable home appropriate to the animal. The animal
will be euthanized if a veterinarian determines it to be terminally
ill or seriously injured, or if a Town Justice rules it to be a dangerous
dog. In the event said dog has not been returned or adopted within
10 days, it will be referred to volunteers approved by the Town Board.
If placement can't be found within 10 days from the time the dog is
referred to the volunteers, the Town will transfer said dog to the
Walden Humane Society, or another appropriate humane society.
G.
No action shall be maintained against the Town, its
officers, agents, servants, employees, or designated contractors when
acting pursuant to his or her duties, to recover the possession or
value of any dog, or for damages or injury or compensation for the
destruction of any dog seized or destroyed pursuant to the provisions
of this article or the Agriculture and Markets Law.
A.
Any person who observes a violation of this article
may file a complaint under oath with a Town Justice specifying the
nature of the violation, the date thereof, a description of the dog,
and the name and address, if known, of the owner of the dog.
B.
Upon receipt by the Town Justice of any such complaint, he or she shall summon the alleged owner to appear in person before him or her for a hearing, at which both the complainant and the owner shall have the opportunity to be represented by counsel and to present evidence. If, after such hearing, the Town Justice decides that there has been a violation of this article, and further action is warranted, he or she may order, in addition to the penalties set forth in § 80-10 of this article, such other remedy as may be warranted by the circumstances in such case.
[Amended 12-7-2010 by L.L. No. 1-2010[1]]
Any person convicted of a violation of this
article shall be deemed to have committed a violation and shall be
subject to a fine as provided in § 118 of the Agriculture
and Markets Law.
[1]
Editor's Note: This local law provided an effective date of
1-1-2011.
Seizure, impoundment, redemption and adoption
fees shall be established annually by the Town Board and may be amended
by resolution of the Town Board.
As required by 1 NYCRR Section 78.2, and pursuant
to Article 7, §§ 114 and 115, of the Agriculture and
Markets Law, the Town shall notify the Commissioner in writing of
the name and address of the person or persons providing such services
and arrangements provided for care and shelter.
Any owner of record filing a written report
of a lost or stolen dog shall notify the Commissioner of the return
of said dog within 10 days of such event, pursuant to 1 NYCRR Section
78.4 and § 113, Subdivision 2, of the Agriculture and Markets
Law.
Upon finding by a Justice that a dog is a dangerous
dog, the Justice shall notify the Commissioner of such finding and
whether the dog was ordered to be securely confined or destroyed.
Upon receipt of such notification, the Commissioner shall make and
maintain a record of such finding. Said record shall be maintained
for the life of the dog, as required by 1 NYCRR Section 78.6 and § 121
of the Agriculture and Markets Law.
[Adopted 2-8-2022 by L.L. No. 1-2022[1]]
[1]
Editor's Note: This local law also superseded former Art.
II, Kennels, adopted 4-13-2004 by L.L. No. 2-2004.
The title of this article shall be the "Kennel Law of the Town
of Gardiner, Ulster County New York."
A.
It is the intent of this article to set forth regulations regarding
the establishment, maintenance and operation of dog kennels and other
dog boarding facilities and further to enable the Town to maintain
an ongoing record of commercial and noncommercial kennels, and further
to provide for the healthful and humane treatment of dogs in kennels.
It is also the intent of this law to ensure that the rights of Gardiner
residents to the peaceful enjoyment of their property is protected.
B.
In addition, the Puppy Protection Act of 2001 (S. 1385) establishes
minimum standards of care regarding the care and breeding of dogs.
Whenever doubt occurs as to the standards outlined in this law or
a discrepancy between the two laws occur, the higher standard of care
will apply.
C.
Puppy mills are banned in the Town of Gardiner. Breeding of dogs
for the purposes of fighting or bait is expressly prohibited. Breeding
dogs for commercial purposes is not allowed.
This article is pursuant to the Municipal Home Rule Law.
A.
BREEDER
DOG
EXCESSIVE BARKING
FOSTER HOME
GIANT BREEDS
HABITUAL OFFENDER
KENNEL
KENNEL, COMMERCIAL
KENNEL, MIXED
KENNEL, NONCOMMERCIAL
MAJOR OFFENSE
MINOR OFFENSE
OFFENDER
PUPPY MILLS
RESCUE ORGANIZATION
RESCUE ORGANIZATION NETWORKS (FOSTERING)
As used in this chapter, the following words or phrases shall have
the following respective meanings:
A person who:
A live Canis lupus familiaris or any dog hybrid. Coyotes,
wolves, foxes or any hybrid mix of the same do not fall under this
definition.
When a dog creates a noise, by barking or otherwise, which
persistently occurs or continues to such a degree or extent that it
unreasonably interferes with the peace, comfort or convenience of
a person (for instance, barking for more than 10 minutes at a time
more than four times per day, barking after 10:00 p.m. or before 7:00
a.m.).
Any facility, private or commercial, where dogs are cared
for by an individual or entity and when the dogs are owned by a rescue
or third party entity.
Dogs of over 100 pounds.
Includes any owner who has pleaded guilty to, or has been
found guilty of, three major offenses in a twelve-month period.
A structure which complies with the Code of the Town of Gardiner
and which is intended for or used for the housing of dogs.
Any location within the Town of Gardiner wherein five or
more dogs over four months of age are kept or maintained for any commercial
purpose, including but not limited to boarding, grooming, letting
for hire, training for a fee or selling. Breeding dogs for commercial
purposes is not allowed. Notwithstanding the foregoing, the following
facilities shall not be deemed commercial kennels: Town animal shelter;
animal hospitals, unless engaged in commercial boarding; and groomers,
unless engaged in commercial boarding.
Any location within the Town of Gardiner wherein less than
five dogs are taken in for purposes not limited to boarding, training,
breeding, grooming, or training in a setting which may or may not
include dogs already in residence belonging to the owner of said property.
These services may or may not be for remuneration.
Any location within the Town of Gardiner wherein between
five and 10 dogs which are over four months of age are kept or otherwise
are allowed to reside. The sole purpose or outcome of keeping said
animals shall provide personal recreation, enjoyment or use by the
owner not resulting in direct or indirect compensation, profit or
gains. A kennel under such definition must be licensed, fee waived.
This term includes private breeding facilities that do not fall within
the definition of "commercial kennel" (i.e., where animals are not
bred for commercial purposes or for sale) and does not include an
animal hospital.
Failure to secure appropriate documents for the operation
of a kennel.
Overcrowded or unsanitary breeding facilities which mass-produce
puppies that are typically sold when eight weeks old or younger.
Any facility where homeless, stray, abandoned, rescued or
unwanted animals are received, harbored, maintained or made available
for adoption to the general public and which is owned, operated or
maintained by a duly incorporated humane society, animal welfare society,
society for the prevention of the cruelty to animals or other nonprofit
or tax-exempt organization devoted to the welfare, protection or humane
treatment of animals.
Any person or persons who houses animals at the request of
a duly incorporated humane society, animal welfare society, society
for the prevention of the cruelty to animals or other nonprofit or
tax-exempt organization devoted to the welfare, protection or humane
treatment of animals who accepts companion animals for the purpose
of finding permanent adoptive homes for animals and does not maintain
a central facility for keeping animals, but rather uses a system of
fostering in private homes or boarding or keeping pets in animal shelters.
B.
All other words and phrases used in this article shall have, for the purpose of this article, the meanings respectively ascribed to them by Chapters 80 and 220 of the Code of the Town of Gardiner, by § 108 of the New York Agriculture and Markets Law, and the Federal Animal Welfare Act (7 U.S.C. § 2131 et seq.).
An application for a dog kennel license shall be accompanied
by a site plan and a management plan prior to consideration by the
Planning Board. The management plan shall be reviewed by the Dog Control
Officer for compliance.
The verification of the standards outlined below will be assessed
at an inspection by both the Town Building Inspector and the Dog Control
Officer in the following manner:
A.
All requirements pertaining to the structural standards shall be
reviewed on-site prior to the issuance of a license.
B.
All requirements pertaining to the operations of the kennel shall
be reviewed prior to the opening of the kennel and again at a time
to be determined by the Animal Control Officer but no later than two
months after the first dogs are present. A kennel shall be permitted
in the Town of Gardiner in its designated residential/agricultural
district only under the following conditions.
A.
All animals shall be kept in clean and sanitary premises, structures
or enclosures. Animal waste shall be removed at least once daily.
Animals and personnel must be protected from any noxious agents. A
program to control, eliminate, and prevent infestation of vermin shall
be implemented.
B.
The ambient temperature shall be consistent with the requirements
of the specific companion animals. Minimal heating shall be deemed
needed if the ambient temperature of the facility falls below 50°
F. for a period of four consecutive hours. Cooling shall be required
when the temperature of the facility rises above 80° F.
C.
All facilities shall be adequately ventilated with fresh or filtered
air to minimize drafts, odors and moisture condensation and to provide
for the health and comfort of the animals at all times. Facilities
shall have a minimum of three room air changes per hour. Room air
shall not be recirculated unless it has been properly treated. Ventilation
shall be provided by either natural or mechanical means. The necessary
equipment or comparable means shall be provided to exhaust the air
from the animal area to the outside of the building.
D.
Uniformly distributed natural and/or artificial lighting shall be
provided to permit routine inspection and facilitate routine cleaning
and the proper care and maintenance of the animals. Lighting shall
be so arranged as to protect each animal from excessive illumination.
Emergency lighting shall be provided.
E.
One inside pen shall be provided for each dog boarded or kept. In
the case of bonded pairs, or mother or father dogs who may be housed
with their puppies, the pen size shall be equal to the space provided
as if each dog were housed separately.
F.
Housing shall provide for sanitary and safe dwellings for dogs, and
shall provide adequate space appropriate to the age, size, weight,
and breed of the dog, and that allows the dog to engage in normal
body movements, including the ability to sit, stand up, turn about
freely, or lie fully recumbent in a natural position. The enclosure
shall be high enough to permit the dog to stand on his or her hind
legs without touching the ceiling. The enclosure shall provide solid
flooring. Flooring must be safe for the breed, size, and age of the
dog and be free from protruding sharp edges. All indoor spaces in
which dogs are to be housed for any period of time shall be soundproofed.
G.
Each dog, if housed in a primary enclosure, whether housed alone
or with other compatible dogs, shall be provided a minimum amount
of space, calculated as:
H.
For nonbreeding dogs housed together, the primary enclosure shall
provide 100% of the required space for each dog, if maintained separately.
I.
Each bitch with nursing puppies must be provided with an additional
amount of floor space, based on her breed and behavioral characteristics,
and in accord with generally accepted husbandry practices as determined
by the attending veterinarian. If the additional amount of floor space
for each nursing puppy is less than 5% of the minimum requirement
for the bitch, such housing must be approved by the board/agency.
J.
For every three inside dog pens there shall be a minimum of one outside.
The outside pen shall be equal in size or greater than the indoor
pen for the same dog.
K.
There shall be a minimum of one outside run per three dogs boarded
or kept. To the greatest extent possible, dogs that have been deemed
compatible to socialize shall be allowed group access to large outside
enclosed areas other than runs. For dogs that are aggressive or otherwise
incompatible with other dogs, or for any other reason cannot share
a space, there shall be only one such dog in a run at a time.
L.
Each outside run shall have a concrete base; be enclosed by a minimum
six-foot-high chain-link fence with shelter and with secure gates;
the size of the run shall be four feet in width and 10 feet in length
except for dogs of the size of 100 pounds or more or its equivalent.
For dogs 100 pounds or more, the run shall be six feet in width and
12 feet in length. Barriers shall be in place to block a dog's
view of adjoining dogs if outdoor pens are side by side. Fencing for
dog enclosures shall take into account the size of the dog. Such fencing
shall be tall enough to prevent dogs from surmounting the fence. Fencing
enclosing large dogs (over 60 pounds) shall be a minimum of six feet
in height.
M.
Sewage and waste shall be disposed of by connection of drains to
a sanitary sewer or a state, county or locally approved sewage disposal
system. Drainage systems shall be provided with backflow prevention
devices on submersible inlets and hair traps, if required by law,
on all plumbing lines in animal areas where hoses may be attached
for cleaning of the facility. All excreta, feces, debris, and food
wastes must be removed from enclosures at least once daily, and from
under primary enclosures as often as necessary, to prevent an excessive
accumulation of feces and food waste, to prevent soiling of dogs contained
in the enclosure, and to reduce disease hazards, insects, pests and
odors. Premises must be kept free of accumulations of trash, junk,
waste products, and discarded matter. Waste must be handled and disposed
of in a manner that poses minimal hazards to dogs and personnel, and
reduces the likelihood of contamination of the soil or groundwater
with chemicals and/or microorganisms.
N.
Bedding shall be appropriate, free of toxic chemicals or other substances
that could injure animals or personnel, and of a type not easily eaten
by animals. Disposal of used bedding shall be consistent with best
practices in order not to attract other animals. Odors emanating from
used bedding shall be eliminated, disguised or otherwise prevented
from release into the air.
O.
A facility can only be established on at least five acres of property
located at least 100 yards from any adjoining property lines or roadways.
If the property is irregular in shape, buildings should be located
at the maximal distance away from neighboring residences to the greatest
extent possible. A facility cannot be established within a one-mile
radius of the property boundary of any existing commercial breeding
facility.
P.
No dog shall be left unattended for more than 12 consecutive hours
at a commercial or noncommercial kennel.
Q.
All dogs in any kennel shall be contained within an appropriate kennel
building between the hours of 8:00 p.m. and 8:00 a.m., local time,
each day. Noise generated by dogs at the kennel shall not be excessive
or persistently occurring or continue to such a degree or extent that
it unreasonably interferes with the peace, comfort or convenience
of the neighbors.
R.
No person shall allow dogs temperamentally or otherwise incompatible
to be quartered together or so near each other as to cause injury,
fear or torment.
The following behavioral needs shall be met at least daily,
except as stated otherwise. All persons should have a documented protocol
regarding how to meet the following necessary behavioral needs and
sufficient facilities and/or staff to meet them. The goal shall be
to allow dogs the opportunity to partake in species-specific behaviors.
Dogs shall not be housed for extended periods of time in a manner
devoid of any enrichment and/or activity and/or social contact.
A.
Conspecific socialization. Dogs shall be provided with full-body
physical contact with other compatible dogs daily, except as necessary
for reasons such as veterinary treatment or quarantine, or prior to
parturition for a bitch. If a grouping of certain dogs results in
excessive barking or aggressive behavior, such grouping should be
terminated. Prior to weaning, a bitch and her litter shall fulfill
all conspecific socialization needs among the group.
B.
Human socialization. Dogs shall be provided with a minimum of, but
not limited to, 30 minutes of daily positive human contact and socialization.
Contact during feeding time alone is not sufficient to meet this requirement.
Time with a veterinarian shall not be included in that time calculation.
A.
Animals shall have access to fresh, potable, uncontaminated unfrozen
drinking water.
B.
Animals shall be fed palatable and nutritionally adequate food at
least twice daily or according to their particular needs. Food and
water receptacles shall be readily accessible to all dogs and shall
be located to minimize contamination and to protect them from precipitation.
Any nondisposable receptacles shall be durable, cleaned daily, and
sanitized at least once per week; disposable receptacles shall be
replaced daily, and automatic feeders shall be cleaned and sanitized
regularly to prevent the growth of mold and deterioration or caking
of feed. Automatic watering devices shall be kept clean, be properly
and regularly sanitized, and be tested daily to ensure they are functioning
correctly. Records of food purchased for the facility shall be kept
on file for a period of two years.
C.
Owners of commercial and noncommercial kennels are required to comply
with the Federal Puppy Protection Act of 2001 amendment to the Federal
Animal Welfare Act which includes, but is not limited to, prohibiting
puppy mills and the breeding of female dogs during the first estrus
cycle and the breeding of female dogs each estrus cycle without sufficient
rest between litters. In some cases, the standards set in this article
for the Town of Gardiner may differ from those of the FPPA, in which
case the higher standard will prevail.
D.
In order to ensure the long-term health of breeding females, they
shall not be used for breeding until their third menstrual cycle.
Litters to the same female should be spaced at least six months apart.
Breeding females shall have no more than four litters in their lifetime.
E.
Each dog shall receive adequate veterinary care, including:
(1)
Prompt treatment of any disease, illness or injury by a licensed
veterinarian.
(2)
A thorough, hands-on examination by a licensed veterinarian at least
once per year which shall include a dental exam.
(3)
Core vaccinations recommended by the latest version of the American
Animal Hospital Association of Canine Vaccination Guidelines.
(4)
Medications to prevent intestinal parasites, heartworm disease, fleas,
and ticks that are approved by a licensed veterinarian for canine
use.
F.
License required.
(1)
All kennels must be licensed by the Town of Gardiner. A license for
one year for a commercial kennel operation must be obtained from the
Town Clerk after the Dog Control Officer has inspected the premises
and found that it meets the conditions of this article and after the
owner has secured a special use permit from the Planning Board. The
Town Board shall set the annual fee yearly for commercial kennels.
Each license is renewable on its anniversary date.
(2)
Renewal will occur as long as there are no unresolved violations
during the previous year. Fees will remain the same until said fees
are changed by resolution of the Town Board. In the event there is
some dispute over whether a license should be renewed, a veterinarian
will be retained to advise the Town Board. The kennel owner shall
pay the veterinarian's charge for inspection, and said payment
shall be made to the Town of Gardiner prior to the inspection. Failure
to pay the veterinarian charges shall bar renewal of the license.
G.
Noncommercial and mixed kennels are required to apply for and secure
a kennel license. There will be no charge for same.
H.
Noncommercial kennels housing between five and 10 dogs will not be
required to meet all the above requirements for commercial kennels.
They will be required to demonstrate that they are providing adequate
care in terms of feeding, water, sanitation, exercise and other aspects
of best practice of animal care without having to provide housing
as cited for commercial kennels. If upon inspection by the Dog Control
Officer it is determined that the standard of care is not adequate,
they will not be issued a license and will have to make other arrangements
for the animals at their address.
I.
Noncommercial kennels as described in Subsection H above will be inspected yearly to insure that the health and safety of the animals in their care is being maintained. The Dog Control Officer can inspect the premises of any kennel, whether commercial, noncommercial or mixed, at any time when they deem that adequate health and safety conditions are not being met.
J.
Foster homes may only foster one adult dog at a time. Previously
bonded pairs of dogs are allowed to be fostered simultaneously. A
mother and pups or a group of pups may be fostered together. If the
foster home already has an animal, they must consult with the fostering
organization to determine the compatibility of the animals.
K.
Any disturbance, i.e., noise, odors, dogs running at large, aggressive
dogs, or other disturbances not listed herein these general requirements
that disturb the comfort or repose of any person in the Town or interferes
with the peaceful enjoyment of their property or any Town property,
could be petitioned to the Town Board and ordered to be remedied by
the Town Board. The Town Board reserves the right to suspend or cancel
any kennel permit should the operation be deemed harmful to the community.
A.
Kennels must prominently display their license on the premises.
B.
No person who has been convicted of cruelty to animals or otherwise
deemed to have mistreated or harmed animals shall be issued a license
to operate any kennel.
C.
No person who has been convicted of cruelty to animals or otherwise
deemed to have mistreated or harmed animals shall be employed by any
kennel.
D.
A license issued on the basis of false information supplied by the
applicant shall be revoked and the operation of the subject kennel
shall be terminated.
A.
As heretofore provided, a person may operate a kennel in the Town
of Gardiner only with a special use permit issued by the Planning
Board.
B.
If there is a transfer of ownership on an existing facility, the
premises must be inspected by the Code Enforcement Officer, together
with the local Dog Control Officer, and found to be in compliance
with all laws, ordinances, rules and regulations applicable to the
use and occupancy for a commercial dog breeding facility and/or dealers
and in compliance with the Gardiner Town Code, the New York State
Agriculture and Markets Law, the New York State General Business Law
and the Uniform Fire Prevention and Building Code.
C.
The Code Enforcement Officers shall complete their certification
that the premises are in compliance or not in compliance within 20
days of inspection.
D.
Any owner and/or operator, employee of the owner and/or operator,
or agent of the owner and/or operator shall permit representatives
of the Town Code Enforcement Officer, the Town Dog Control Officer,
the Ulster County Health Department, the Ulster County Sheriff's
Department, the New York State Police, and the State Health Department,
the authority regarding the use of the premises, to inspect the premises
of the kennel for the purpose of ensuring compliance with this article
at any time it is occupied or open for business.
E.
If, upon inspection as described above, it shall be found that the
operator has violated any provisions of this article, the Dog Control
Officer and/or the Code Enforcement Officer shall have the power to
revoke or suspend the permit and order the animals removed after notice
and an opportunity for the owner/operator to be heard.
F.
In addition to the other provisions of the Town Code, it shall be
deemed a violation of the Town Zoning Code[1] if the owner and/or operator, an employee of the owner
and/or operator or an agent of the owner and/or operator:
(1)
Has violated or is not in compliance with any section of the Town
Code, the New York State Agriculture and Markets Law, the New York
State General Business Law and/or any section of the New York Penal
Law relating to mistreatment of animals; or
(2)
Has refused to allow any inspection of the kennel as authorized by
this article; or
(3)
Operates with an expired special use permit.
Preexisting facilities shall be considered nonconforming structures
or uses pursuant to Article VI of the Zoning Law.[1]
The Code Enforcement Officer has the authority to examine the
premises and locations of any buildings or structures in the Town
of Gardiner, shall determine whether or not they comply with the existing
laws, and shall have the authority to issue appearance tickets for
violations of this article. The Dog Control Officer has authority
to inspect the premises and buildings and assess the conditions of
the dogs within the buildings and structures in the Town of Gardiner.
The Code Enforcement Officer shall keep a permanent record of all
violations of this article, whether reported by private citizens or
by any board/agency, officer or employee of the Town, and such record
shall show the disposition of all such violations.
Complaints made to the Town regarding any violations of the
law must be made by a person with firsthand knowledge of the alleged
violation or deficiency. Complainants must provide their name, address
and how the information regarding the complaint was legally obtained.
The Animal Control Officer and other Town officials shall, as needed,
review any complaints or reports of code violations. Upon review,
they shall use their prosecutorial discretion in enforcing the Town
Code. Reports made on the basis of hearsay or concerns without an
observed violation by the complainant shall not be reviewed.
A.
A violation shall be an offense, punishable by a fine not to exceed
$350 or imprisonment for a period not to exceed 15 days, or both,
for a conviction for a first offense; a fine not to be less than $350
nor more than $700 or imprisonment for a period not to exceed 15 days,
or both, for a conviction for a second offense within a period of
five years from the date of the commission of the first offense; a
fine not to be less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 15 days, or both, for a conviction for
a third or subsequent offense within a period of five years from the
date of the commission of the first offense. Each day's continued
violation shall constitute a separate additional violation.
B.
In addition, any person who violates any provision of this article
or who shall omit, neglect or refuse to do any act required thereby
shall be subject to a civil penalty of not less than $500 nor than
$3,000, recoverable by the Town of Gardiner in an action in the small
claims court, part of the Town of Gardiner Justice Court.
C.
Whenever a suspected violation of the code occurs, any person may
file a signed written complaint reporting such violation to the Code
Enforcement Officer. The Code Enforcement Officer may also investigate
any oral complaint made to his/her office. He/She may direct the Dog
Control Officer to accompany or investigate alone in his/her place.
All complaints, written or oral, shall be properly recorded, filed
and immediately investigated by the Code Enforcement Officer and a
local Dog Control Officer.
