[Adopted 12-19-1990]
[Amended 6-25-2008 by L.L. No. 1-2008; 6-10-2020 by L.L. No. 2-2020]
It shall be unlawful for any person owning, boarding, harboring or otherwise keeping in his custody a dog or dogs to permit such dogs to run at large within the Town of Milton, including those portions of the Village of Ballston Spa, New York, that are within the Town of Milton boundaries, at any time elsewhere than upon the premises of the owner or custodian, unless said dog or dogs is on a leash or accompanied by a competent person having control of such dog or dogs or unless it is upon premises of another person with the knowledge and consent of such person. This section shall be construed and enforced in conjunction with the provisions of Article III, Prohibition and Curbing of Dogs in Certain Areas, of this chapter; and in the case of any conflict between this section and said Article III, the most restrictive provision or that imposing the highest standards shall govern.
If any dog has bitten a person at any time off
the premises of the owner, the owner thereof or person harboring or
having custody of the same shall keep such dog properly muzzled at
all times thereafter.
Any peace officer can and it is his duty to
pick up any dog running at large in violation of any of the terms
of this article and confine said dog in any place provided by the
Town Board of the Town of Milton. The owner or harborer of said dog
may call for and obtain said dog at any time within a period of five
days after its seizure and confinement by paying for the keeping of
said dog at the fees required by Saratoga County Animal Shelter and,
if unlicensed, purchase a license for said dog. Any dog not called
for and redeemed as aforesaid may be sold and delivered to any person
paying for the keeping of said dog and purchasing a dog license for
said dog, if unlicensed.
[Amended 3-19-1997 by L.L. No. 5-1997; 6-25-2008 by L.L. No.
1-2008]
This article shall not apply to guide dogs, service dogs and working dogs enumerated in Agriculture and Markets Law § 110 when such dog is actually engaged in such service activity and shall not apply to a dog or dogs harbored for farm purposes, except that § 63-1 prohibiting running at large shall apply to such farm dogs.
[Amended 6-25-2008 by L.L. No. 1-2008; 6-10-2020 by L.L. No. 2-2020]
It shall be unlawful for any owner of or any
person harboring any dogs within the Town of Milton, including those
portions of the Village of Ballston Spa that are within the Town of
Milton boundaries, to permit or allow such dogs to:
A.
Engage in habitual loud howling or barking or to conduct
itself in a manner so as to habitually annoy any person other than
the owner or person harboring such dog. Barking, howling and whining
of a dog for a period in excess of 15 minutes and loud enough to be
heard by a person other than the owner or harborer of said dog shall
be presumptive evidence of violation of this subsection.
B.
Cause damage or destruction to property or commit
a nuisance upon the premises of a person other than the owner or person
harboring such dog.
C.
Chase or otherwise harass any person peacefully conducting
himself in any place where such person may lawfully be in such a manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
[Amended 3-19-1997 by L.L. No. 5-1997]
A Dog/Animal Control Officer to be designated
by the Town Board of the Town of Milton, as provided in § 114
of the Agriculture and Markets Law, may enforce supervision of this
article and may also investigate and report to a Town Justice of the
Town of Milton any dangerous dog and see that the orders of the Town
Justice in such case are carried out.
[Amended 3-19-1997 by L.L. No. 5-1997]
Any person who observes a dog causing damage
or destruction to property of a person other than its owner or committing
a nuisance upon the premises of a person other than its owner may
file and sign a complaint, under oath, with the Town Justice of the
Town of Milton specifying the objectionable conduct of the dog, the
date thereof, the damage caused, a description of the dog and name
and license, if known, and the name of the owner or other person harboring
such dog.
Upon receipt of the signed complaint by the
Town Justice against the conduct of any particular dog, the Town Justice
may summon the alleged owner or other person harboring said dog to
appear in person before him. If the summons is disregarded, the Justice
may permit the filing of an information and issue a warrant for the
arrest of such person.
[Amended 3-19-1997 by L.L. No. 5-1997; 11-17-1999; 12-1-2010 by L.L. No.
2-2010]
Any person convicted for violating any provision
of this article shall be liable to a fine of up to $100 for the first
offense. Any subsequent violation will result in a fine of up to $250.
