It shall be hereinafter declared unlawful for
any person in the Town of Hyde Park who is the owner of or who is
harboring a dog or dogs to allow the same unrestrained by adequate
collar and leash and, whether muzzled or unmuzzled, unless accompanied
by its owner or a responsible person able to control the animal, to
run at large upon private property, other than his own, or upon any
public street, public park or public place at any time, day or night.
For the purposes of this chapter, a dog or dogs hunting in company
with a hunter or hunters shall be considered as accompanied by its
owner.
It shall hereinafter be declared unlawful for
any person in the Town of Hyde Park who is the owner of or is harboring
a dog or dogs to allow any female dog in heat to run at large upon
private property, a public street or public place at any time, day
or night, during the period of time that said female dog is in heat.
It shall be hereinafter declared unlawful for
any person in the Town of Hyde Park who is the owner of or is harboring
a dog or dogs to allow said dog or dogs to engage in habitual loud
and excessive howling or barking as would habitually annoy and disturb
persons other than the owner of said dog or dogs or that person harboring
said dog or dogs.
It shall be hereinafter declared unlawful for
any person in the Town of Hyde Park who is the owner of or is harboring
a dog or dogs to allow said dog or dogs to cause damage or destruction
to property or to commit a nuisance upon premises of persons other
than the owner or person harboring such dog or dogs, to harass other
persons by molesting or to cause others reasonable apprehension of
bodily harm or injury, which includes interference by chasing or otherwise
of vehicular traffic on either public or private roadways.
Any person may file a written complaint with
the Justice of the Peace with respect to the violation of the provisions
of this chapter, and, after a hearing is conducted upon said complaint,
said Justice of the Peace may issue any order or determination upon
the merits thereof and make any order consistent with the provisions
of this chapter or the Agriculture and Markets Law of the State of
New York.
[Amended 7-11-1983; 4-24-2006 by L.L. No. 8-2006; 12-21-2009 by L.L. No.
6-2009]
In addition to the redemption fees and feeding
and caring fees as set forth above, any person owning or harboring
a dog or dogs who violates any of the provisions of this chapter shall
be deemed to have committed an offense and, if convicted of same,
shall be subject to a minimum fine of $75, a maximum fine of $350,
or imprisonment for a period not exceeding 15 days, or both for the
first violation, a minimum fine of $100, a maximum fine of $550, or
imprisonment for a period not exceeding 15 days, or both for the second
violation, and a minimum fine of $250, a maximum fine of $700, or
imprisonment for a period not exceeding 15 days, or both for the third
and/or any subsequent violations, except as otherwise provided in
Article 7 of the Agriculture and Markets Law of the State of New York.
[Amended 7-11-1983]
The Dog Warden of the Town of Hyde Park, or
any other person designated by a majority of the Hyde Park Town Council,
is the person hereby designated to administer this chapter.
This chapter shall not obviate any of the powers
of the Town of Hyde Park or any of its employees or agencies as granted
under Article 7 of the Agriculture and Markets Law of the State of
New York.
[Added 12-27-2010 by L.L. No. 1-2011]
Recent amendments to the New York State Agriculture and Markets
Law enacted pursuant to Part T of Chapter 59 of the Laws of 2010 provided
for two major changes:
A. Transferring the function of dog licensing from the state to local
governments; and
B. Authorizing the New York State Animal Population Control Program
(APCP) to be administered by a not-for-profit entity selected by the
department consistent with New York's procurement laws.
This article is authorized pursuant to Article 7 of the Agriculture
and Markets Law as amended by the provisions of Part T of Chapter
59 of the Laws of 2010 and pursuant to Municipal Home Rule Law § 10.
The title of this article shall be "Dog License Law."
As used in Chapter
45 of the Code of the Town of Hyde Park, the following words shall have the following respective meanings:
CLERK
The Town Clerk of the Town of Hyde Park.
DANGEROUS DOG
A dog which qualifies as dangerous pursuant to the provisions
of the Agriculture and Markets Law.
DOG
Male and female, licensed and unlicensed, members of the
species canis familiaris.
DOG CONTROL OFFICER
A person authorized by the Town Board by resolution to enforce
the provisions of this article. The Dog Control Officer shall have
the power to execute the provisions of this article, including service
of a summons, the service of an appearance ticket pursuant to and
in accordance with § 126 of the Agriculture and Markets
Law of the State of New York and the service and execution of any
other order of process, to appear and prosecute any matter arising
under this article or Article 7 of the Agriculture and Markets Law.
HABITUALLY
On more than one occasion within a thirty-day period.
IDENTIFICATION TAG (ID TAG)
A tag, issued by the Clerk to the owner of a specific dog,
containing a serial number, the name of the licensing municipality
(Town of Hyde Park), the state name, the contact phone number for
the Clerk's office, and any such other information as the Town
Clerk of the Town of Hyde Park may deem appropriate.
OWNER
Any person or entity entitled to claim lawful custody and
possession of a dog and who is responsible for purchasing the license
for such dog unless the dog is, or has been, lost and such loss was
promptly reported to the Town of Hyde Park Dog Control Officer and
the Town of Hyde Park Town Clerk, and a reasonable search has been
made. If a dog is not licensed, the term "owner" shall be deemed to
include any person or persons, firm, association or corporation who
or which, at any time, owns or has possession, custody or control
of, harbors or otherwise maintains any dog which is kept, brought,
or comes within the jurisdictional boundaries of the Town of Hyde
Park. Any person who owns or harbors a dog for a period of one week
prior to the filing of any complaint charging a violation of this
article shall be deemed to be the owner of said dog. If the owner
of any dog is under 18 years of age, the head of the household in
which said minor resides shall be deemed to have custody and control
of said dog and shall be responsible for any acts of the said dog
in accordance with this article.
RESPONSIBLE PERSON
Any individual, male or female, over the age of 16 years,
other than the owner, who at any time has possession, custody or control
of any dog.
RUN AT LARGE
Any dog which is unrestrained by a leash or other tether
and walks, runs, or roams in a public place or on private land without
the knowledge, consent and approval of the owner of such lands.
TOWN
The Town of Hyde Park.
[Amended 3-4-2013 by L.L. No. 1-2013]
Any dog which has been seized and impounded in accordance with the provisions of this chapter may be redeemed in accordance with the provisions of §
45-5B of this chapter.
A violation of this section shall be punishable, subject to
such an election, either:
A. Where prosecuted pursuant to the penal law, by a fine of not less
than $50 and not more than $250 except that where the person was found
to have violated this section or Article 7 of the Agricultural Market
Laws within the preceding five years, the fine may be not less than
$100 and not more than $500; or
B. Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $100 and not more than $300, except that
when the person was found to have violated this section or this article
within the preceding five years, the civil penalty may be not less
than $200 and not more $600.