[Adopted 8-18-1982 by L.L. No. 7-1982 (Ch.
24 of the 1974 Code); amended in its entirety 4-21-1999 by L.L. No. 3-1999]
This article is enacted pursuant to the provisions
of Article 7 of the Agriculture and Markets Law of New York State
and Article 2 of the Municipal Home Rule Law of New York State.
The purpose of the article shall be to preserve
public peace and good order in the Town of Putnam Valley and to promote
the public health, safety and welfare of its people by enforcing regulations
and restrictions on the activities of dogs that are consistent with
the rights and privileges of other citizens of the Town of Putnam
Valley.
As used in this article, the following terms
shall have the meanings indicated:
ADEQUATE
Sufficient for the age, size, physical condition and number
of animals on the premises.
AT LARGE
Any dog that is unleashed 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. No dog
shall be deemed at large if it is:
A.
A guide dog actually leading a blind person.
B.
A hearing dog actually assisting a deaf person.
C.
A police dog in use for police work.
D.
Accompanied by its owner or other responsible
person and it is actively engaged in hunting or training for hunting
on unposted land or on posted land with the permission of the owner
of the land.
E.
A Town stray while in the care and custody of
the Town of Putnam Valley.
CONFINED
Securely confined or restrained, or kept on the owner's premises
either within a building, kennel 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
on any adjacent premises or on any public street, way or place or,
if the dog is being transported by the owner, securely confined in
a crate or other container or so restrained in a vehicle that it cannot
be expected to escape therefrom.
DOG
Both male and female dogs.
DOG CONTROL OFFICER
Any individual appointed by the Town to enforce the provisions
of Article 7 of the Agriculture and Markets Law or any local law or
ordinance enacted pursuant thereto.
DOMESTIC ANIMAL
Any domesticated animal, including but not limited to sheep,
horses, cattle, goats, swine, fowl, ducks, geese, llamas, confined
snakes or lizards, ferrets, confined pigeons, quail, swans, turkeys,
confined domestic hares or rabbits, pheasants or other birds which
are raised in confinement including those raised under license from
the New York State Department of Environmental Conservation before
release from captivity, except that the varieties of fowl commonly
used for cock fights shall not be considered domestic animals for
the purposes of this article.
LEASHED
Restrained by a leash attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
OWNER
Any person who keeps, harbors or has custody, care and control
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 Dog Control Officer and a reasonable search has been
made. If a dog is not licensed, the term "owner" shall designate and
cover any person or persons, firm, association or corporation who
or which 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. Dogs owned by minors shall be deemed to be in the
custody, care and control of the parents or other head of the household
where the minor resides. Any person harboring a dog for a period of
one week shall be deemed the owner of the dog for the purpose of enforcing
this article.
SHELTER
Adequate protection from extreme weather conditions, direct
intense sunlight, wind, rain or snow and which is kept dry, sanitary
and properly maintained. If a dog is to be tethered, such tether must
be constructed of material of adequate strength and in such condition
as to prevent the dog from breaking it and escaping. Also, the tether
must be of sufficient length to permit exercise without the danger
of entanglement and to allow the dog to reach supplies of food and
water.
All animals required to be licensed must wear
a permanent, official identification number tag as required by the
provisions of the Agriculture and Markets Law, Article 7, § 112.
Such identification number tag shall be affixed to a collar on the
dog at all times. No animal shall be permitted to be without a collar
and tag. All untagged animals shall be subject to seizure and confinement
by the Dog Control Officer.
It shall be unlawful for any owner of a dog
in the Town of Putnam Valley to permit or allow such dog to:
B. Engage in habitual loud howling, barking or whining
or to conduct itself in such a manner as to unreasonably disturb the
comfort or repose of any person other than the owner or harborer of
the dog. Specifically, no dog shall be allowed to bark or make other
noises for a period in excess of 10 consecutive minutes. The barking
or other noise may be intermittent and not continuous.
C. Cause damage or destruction to, or loss of, public
or private property or otherwise commit a nuisance upon the property
of someone other than the owner or harborer of the dog by:
[Amended 11-19-2008 by L.L. No. 7-2008]
(2) Defecating thereon, unless the feces is promptly removed.
(4) Uprooting or otherwise damaging any vegetables, lawns,
flowers or garden beds.
(5) Taking any movable article owned by, or originally
located upon the property of someone other than the owner or harborer
of the dog.
D. Bite, chase, jump upon or otherwise harass any person
in such manner as to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
E. Upset or otherwise interfere with garbage receptacles.
F. Chase, leap on or otherwise harass persons on bicycles,
in or on motor vehicles or on horses.
G. Kill or injure any dog, cat or other household pet
or domestic animal.
All premises occupied or used by dogs shall
be kept in a clean, sanitary condition. Failure to provide proper
food, fresh water or adequate shelter from the elements of nature
shall be a violation of, and an animal may be seized in accordance
with, the provisions of Article 26, § 353, of the Agriculture
and Markets Law.
Upon taking custody of any animal, the Dog Control
Officer shall make a record of the matter as required by Subdivision
5 of § 114 of the Agriculture and Markets Law. The record
shall include the date of pickup, breed, general description, sex,
identification numbers, time of pickup, location of pickup and the
name and the address of the owner, if any. Upon the first instance,
the Dog Control Officer shall issue a written warning to the owner.
The owner of a dog so seized shall pay to the Town of Putnam Valley
a seizure fee of $25 for the second such seizure, $50 for the third
and $100 for the fourth and any subsequent occurrences, in addition
to the impound fees and maintenance fees. Payment shall be by cash,
money order or certified check.
[Amended 3-20-2013 by L.L. No. 5-2013]
As authorized by Article 7 of the Agriculture
and Markets Law, any Dog Control Officer or peace officer acting pursuant
to his or her special duties or any officer or agent of the Putnam
County SPCA may enforce and administer the provisions of this article
and, for the purpose thereof, shall have the authority to issue a
summons or appearance ticket in accordance with § 150.20,
Subdivision 3, of the Criminal Procedure Law and § 10, Subdivision
4, Paragraph (a), of the Municipal Home Rule Law and to seize dogs
either on or off the owner's premises if witnessed to be in violation
of this article.
No person shall hinder, resist or oppose the
Dog Control Officer, peace officer or other person(s) authorized to
administer or enforce the provisions of this article in the performance
of their duties under this article.
No liability in damages shall be incurred on
account of the seizure, euthanization or adoption of any dog pursuant
to the provisions of this article, in accordance with § 118,
Subdivision 11, of the Agriculture and Markets Law.
The provisions of Article 7 of the Agriculture
and Markets Law of the State of New York are deemed incorporated in
this article as if fully set forth herein. Any state law which is
inconsistent with this article shall be superseded by the provisions
hereof to the extent of its inconsistency, except where suppression
is restricted by law.