[HISTORY: Adopted by the Town Board of the
Town of New Paltz 5-28-1986 by L.L. No. 1-1986. Amendments noted where
applicable.]
The Town of New Paltz, New York, finds that
the running at large and other uncontrolled behavior of dogs has caused
physical harm to persons, damage to property and created nuisances
within the Town. The purpose of this chapter is to protect the health,
safety and well-being of persons and property by imposing restrictions
and regulations upon the keeping or running at large of dogs and the
seizure thereof within the Town.
This chapter is enacted pursuant to the provisions
of § 124 of Article 7 of the Agriculture and Markets Law.
The title of this chapter shall be "Dog Control
Local Law of the Town of New Paltz."
As used in this chapter, the following terms
shall have the meanings indicated:
Accompanied by its owner or a responsible person
and under full control and immediate supervision of such owner or
person;
A police work dog in use for police work; or
Accompanied by and under the immediate control
of its owner or other responsible person and is actively engaged in
hunting or in training for hunting on unposted land or on posted land
with the permission of the owner of the land.
Any member of the species Canis familiaris.
Any individual appointed by the Town to assist in the enforcement
of this chapter or of Article 7 of the Agriculture and Markets Law
of the State of New York or any authorized officer, agent or employee
of an incorporated humane society or similar incorporated dog protective
association under contract with the Town to assist in the enforcement
of this chapter or of Article 7 of the Agriculture and Markets Law
of the State of New York.
To provide food and/or shelter to any dog.
Any person entitled to claim lawful custody and possession
of a dog unless such dog is or has been lost and such loss was promptly
reported to the Dog Control Officer of the Town and a reasonable search
has been made. The term "owner" shall be deemed to include any person
who at any time owns or has custody or control of or harbors any dog
which is kept, brought into or comes within the Town. In the event
that the owner of any dog found to be in violation of any provision
of this chapter shall be under 18 years of age, the custodial parent,
guardian or head of the household in which said minor principally
resides shall be deemed to have custody and control of said dog and
shall be responsible for any acts of said dog committed in violation
of this chapter.
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
Any dog owned or harbored by any State or Municipal Police
Department or any state or federal law enforcement agency which has
been trained to aid law enforcement officers and is actually being
used for police work purposes.
The Town of New Paltz, County of Ulster, State of New York.
Every device in, upon or by which any person or property
is or may be transported or drawn by any power, including muscular
power, and shall include but is not limited to bicycles, motorcycles,
automobiles, snowmobiles, coaches, wagons, platforms and trailers.
It shall be unlawful for any owner of any dog
to permit or allow such dog, in the Town of New Paltz:
A.Â
To be at large.
B.Â
To engage in habitual loud howling, barking, crying
or whining or to conduct itself in such a manner so as to unreasonably
and habitually disturb the comfort or repose of any person other than
the owner of such dog.
C.Â
To cause damage or destruction to real or personal
property or to commit a nuisance by defecating or urinating upon the
premises of any person other than the owner of such dog.
D.Â
To chase or to otherwise harass, annoy or alarm any
person in such a manner as to cause intimidation or to put such person
in reasonable apprehension of bodily harm or injury.
E.Â
To habitually chase, run alongside of or bark at any
vehicle.
This chapter shall be enforced by any dog control
officer, peace officer, when acting pursuant to his special duties,
or police officer in the employ of or under contract to the Town of
New Paltz.
A.Â
Any dog found in violation of the provisions of § 62-5 of this chapter may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
B.Â
Every dog seized shall be properly cared for, sheltered,
fed and watered for the redemption periods set forth in § 118
of the Agriculture and Markets Law.
C.Â
Seized dogs may be redeemed by producing proof of
licensing and identification pursuant to the provisions of Article
7 of the Agriculture and Markets Law and by paying the impoundment
fees set forth in § 118 of said Article.
D.Â
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section, whether or not such owner chooses to redeem his or her dog.
E.Â
Any dog unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption or euthanized
pursuant to the provisions of § 118 of the Agriculture and
Markets Law.
[Amended 12-30-1987 by L.L. No. 9-1987]
Any person who observes a dog in violation of
this chapter may file a complaint, under oath, with a Justice of the
Town of New Paltz, specifying the nature of violation, the date thereof,
a description of the dog and the name and residence, if known, of
the owner of such dog. Such complaint may serve as the basis for the
issuance of an appearance ticket as hereinafter described.
A.Â
Any dog control officer, peace officer, when acting
pursuant to his special duties, or police officer in the employ of
or under contract to the Town of New Paltz observing a violation of
this chapter committed in his presence shall issue and serve an appearance
ticket upon the owner of the dog alleged to have committed the violation.
B.Â
Any dog control officer, peace officer, when acting
pursuant to his special duties, or police officer in the employ of
or under contract to the Town of New Paltz, having reasonable cause
to believe that a person has violated this chapter, shall issue and
serve upon such person an appearance ticket for such violation.
[Amended 12-30-1987 by L.L. No. 9-1987]
Upon conviction for a violation of this chapter,
a person shall be guilty of a violation as defined in Article 10,
§ 10.00, Subdivision 3, of the Penal Law of the State of
New York, which shall be punishable as set forth in § 119
of the Agriculture and Markets Law.
A.Â
Pursuant to § 110, Subdivision 4, of Article
7 of the Agriculture and Markets Law, local fees in addition to the
New York State annual license fees shall be as set forth from time
to time by resolution of the Town Board.
[Amended 12-30-1987 by L.L. No. 9-1987]
B.Â
The foregoing local additional license fees shall
not apply to those applicants who have attained the age of 65 years
of age.
[Amended 12-30-1987 by L.L. No. 9-1987]
All costs for feed and care of seized dogs must
be borne by the owner or adoptor at the rate as set forth from time
to time by resolution of the Town Board. Also, the adoption and/or
seizure fee as set forth from time to time by resolution of the Town
Board must be paid at time of pickup.
