The purpose of this chapter shall be to preserve the public peace and good order in the Town of Bethel and to contribute to the public welfare and good order of its people by enforcing certain regulations and restrictions on the activities of dogs and other animals that are consistent with the rights and privileges of the owners of dogs and other animals and the rights and privileges of other citizens in the Town of Bethel. Further, the purpose of this Chapter
83 is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, and domestic animals from dog attack and damage.
As used and intended in this chapter and for the purpose hereof,
unless the context otherwise indicates, the following terms shall
have the meanings indicated. This chapter shall also adopt the definitions
set forth at § 108 of the New York Agricultural and Markets
Law, except for those terms appearing below:
ANIMAL
Any nonhuman animal consisting of a mammal or other vertebrate,
including but not limited to domesticated animals and domestic animals.
AT LARGE
As applied to an animal, as herein defined, designates and
describes a domestic or domesticated animal when it is off the premises
of its owner or on the premises of another without the latter's
consent, without being contained by leash or accompanied by its owner
or other responsible person in full control of such animal. 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
in full control of such dog.
CONFINED
As applied to a domestic or domesticated animal, that such
animal is securely confined or restrained and kept on the owner's
premises, either within a building, kennel or wire or other suitable
enclosure or securely fastened on a chain, wire or other effective
tether of such length and so arranged that the animal cannot reach
or endanger any person or any adjacent premises or be on any public
street, way or place, or, if the animal 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.
DANGEROUS ANIMAL
Any animal which, without just cause, bites, attacks, chases
or snaps at or otherwise threatens to attack any person or attacks
and wounds a dog or other domesticated animal or domestic animal or
which displays any other fierce, vicious or dangerous propensities.
DOMESTICATED ANIMAL
Any animal that has had its behavior, life cycle, or physiology
systemically altered as a result of being under human control and
is kept as a household pet, including but not limited to dogs, cats,
and similar pets.
IDENTIFICATION TAG
A tag issued by the Town which sets forth an official identification
number together with the following contact information, which contact
information may be revised from time to time by resolution of the
Town Board:
Town of Bethel
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State of New York
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(845) 583-4350
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Identification No. ____________
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OWNER
Any person who harbors or keeps any dog or animal. The term
"owner" includes any owner of record. If a dog is not licensed, the
term "owner" shall include any person who at any time owns or has
custody or control of, harbors or is otherwise responsible for any
dog which is kept, brought or comes within the Town.
OWNER OF RECORD
The person in whose name any dog was last licensed under
the provisions of this chapter, except that if any license is issued
on application of a person under 18 years of age, the owner of record
shall be deemed to be the parent or guardian of such person. If it
cannot be determined in whose name any dog was last licensed or if
the owner of record has filed a statement pursuant to the provisions
of § 112 of the Agriculture and Markets Law, the owner shall
be deemed to be the owner of record of such dog, except that if the
owner is under 18 years of age, the owner of record shall be deemed
to be the parent or guardian of such person.
A. Any dog which, by its frequent barking, howling or whining or other
disturbing noise, unreasonably disturbs the comfort and/or repose
of any person or persons so as to injure health or interfere with
sleep.
B. Any animal which habitually chases any persons or bicycles, automobiles
or other vehicles upon any public highway or in any such public place.
C. Every animal which is a dangerous animal, and every such animal is
hereby declared to be a public nuisance.
D. Every animal which creates a health hazard.
TOWN
The area within the corporate limits of the Town of Bethel.
TOWN BOARD
The governing body comprised of the duly elected or appointed
members of the Town Board of the Town of Bethel.
The owner of every animal which is at any time kept, brought
or comes into the Town will be held responsible for the strict observance
by such animal and with respect to such animal of all the rules and
regulations contained in this chapter at all times when such animal
is within the Town.
The owner of every female animal must effectively confine to
his or her premises such animal at all times during every period while
such animal is in heat.
No person who owns a dog shall permit such dog to be at large
in the Town of Bethel, Sullivan County, New York, unless under a leash
not exceeding eight feet in length, other than when on the premises
of the person owning, keeping, harboring or having the custody and
control of such dog or upon the premises of another with the knowledge,
consent and approval of the owner of said premises or when hunting
in the company and under the control of a hunter or hunters.
It shall be unlawful for any animal determined to be dangerous
to be at large within the Town of Bethel at any time, even though
such animal is licensed, muzzled and effectively immunized against
rabies. A dangerous animal which is found at large may be seized and
impounded. If any dangerous, fierce or vicious animal found at large
cannot be safely taken up and impounded, such animal may be summarily
euthanized. The Animal Control Officer shall, if necessary, photograph
such animals for future identification purposes.
All complaints made under any provisions of this chapter must
be in writing, signed and sworn to before a Town Justice. Such complaint
shall be promptly heard and determined by a currently presiding Town
Justice after written notice of said complaint to the owner of such
animal, appointing a time for such hearing, which shall not be less
than three days after service of said notice on the owner. Service
of the notice may be satisfied by personal service, certified mail,
return receipt requested, or by any other method reasonably calculated
to provide actual notice to the owner as determined by the Town Justice.
If the Town Justice finds that the complaint made is duly established,
he shall determine and declare such animal to be a public nuisance
or make any other determination consistent with the provisions of
this chapter and other laws relating thereto.
Any dog at large which does not display any current dog license
or other means of identification or which fails to exhibit any evidence
of having had administered to it a rabies vaccination shall be considered
an abandoned dog and may be summarily seized and impounded by the
Animal Control Officer.
It shall be unlawful to keep more than four dogs of licensing age on any property, regardless of the number of owners, unless there is minimum of 10,000 square feet of lot area per dog and a special use permit has been obtained to operate a kennel on said premises. Kennels shall be located only within those specific zoning districts so designated under Chapter
345, Zoning, and the Planning Board shall be authorized to impose special setbacks, buffers and other measures to limit noise, odor, water pollution and other impacts on adjacent properties. No kennel shall be operated on any property which lacks a full-time manager or resident manager to deal with problems of noise and other impacts on adjoining properties.
The Town of Bethel may authorize any shelter under contract with the Town of Bethel acting by the shelter manager to provide, accept and grant an application for a dog license made by a resident of the Town of Bethel at the time of the adoption of a dog from such shelter provided that such application is made in accordance with §
83-13 hereof and the license fee, and any surcharges shall be remitted to the Town Clerk of the Town of Bethel on or before the third day of the month following the month in which the license fee and additional fee and surcharge was received. Copies of any license issued under this section shall be:
A. Transmitted to the Town Clerk within five business days after the
license has been validated; and
B. Retained by the shelter manager.
In addition to any other applicable fee, any person applying for a dog license for a dog identified as unlicensed during an enumeration conducted pursuant to §
83-23 hereof shall pay an additional fee as established from time to time by resolution of the Town Board. Such additional fee shall be the property of the Town of Bethel and shall be used to pay the expenses incurred by it in conducting the enumeration. In the event the additional fees collected exceed the expenses incurred by the Town of Bethel in conducting an enumeration in any year, such excess fees may be used by the municipality for any other lawful purpose.
The Animal Control Officer shall not release any dog for adoption
to any person unless prior thereto:
A. The dog has been spayed or neutered; or
B. The person intending to adopt a dog shall have executed a written
agreement with the animal shelter, pound, dog control officer, humane
society, dog protective association, or duly incorporated society
for the prevention of cruelty to animals, to have the dog spayed or
neutered within 30 days from the adoption date, or in the case of
a dog which has not yet reached sexual maturity, within 30 days of
the dog reaching six months of age. The person intending to adopt
a dog shall deposit with the Animal Control Officer an amount of not
less than $35 or as may be revised from time to time by resolution
of the Town Board; or
C. The person intending to adopt a dog shall have executed a written
agreement with the Animal Control Officer to have the dog spayed or
neutered within 30 days from the adoption date, or in the case of
a dog which has not yet reached sexual maturity, within 30 days of
the dog reaching six months of age. The person intending to adopt
a dog shall have paid an adoption fee which includes the cost of the
spay or neuter procedure. The written agreement shall require that
the Animal Control Officer bear the cost of the spay or neuter procedure
upon payment of the adoption fee. The age of the dog at the time of
adoption shall be determined by the Animal Control Officer and such
age shall be clearly written on the written agreement prior to the
agreement being executed by the person adopting the dog.
The owner, owner of record, harborer or possessor of any animal
seized, euthanized or adopted under the provisions of this chapter
shall not be entitled to any compensation, and no action shall be
maintainable against the Town thereafter to recover the value of said
animal or other damages absent proof of gross negligence or willful
conduct on the part of the Town, its officers, employees, contractors
or agents.
The Animal Control Officer appointed in accordance with this
chapter shall conduct a dog enumeration every three years first commencing
in the year after the adoption of this chapter. The Animal Control
Officer shall ascertain and list the names of all persons in the Town
owning or harboring dogs and make a written report thereof within
two weeks of the completion of the dog enumeration. Said report shall
be filed with the Town Clerk.
A dog participating in a duly authorized dog show held within
the Town shall be exempt from the identification requirement of § 111
of the Agriculture and Markets Law during such participation.
If any section, subsection, sentence, clause, phrase, or work
of this chapter is for any reason held to be invalid by any court
of competent jurisdiction, such decision shall not affect the validity
of the remaining provisions hereof.