This article shall be known as the "Dog Control
Ordinance of the Town of Newburgh" and shall apply to the entire Town
of Newburgh.
The purpose of this article is to preserve the
public peace and tranquility in the Town of Newburgh and to adopt
and enforce certain regulations and restrictions on the activities
of dogs and owners of dogs for the preservation and protection of
the property and the persons and inhabitants of the Town of Newburgh.
As used in this article, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
ADOPT
The delivery to any natural person, 18 years of age or older,
for the purpose of harboring a dog, seized or surrendered, from the
Town's animal shelter.
[Added 11-15-2010 by L.L. No. 9-2010]
ANIMAL CONTROL OFFICER
A person or persons appointed by the Town of Newburgh for
the purposes of enforcing this article and Article 7 of the Agricultural
and Markets Law of New York State.
AT LARGE
Any unleashed dog off the premises of the owner and on property
open to the public or 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 police work dog in use for police work; or
B.
Accompanied by its owner or other responsible
person and actively engaged in hunting or training for hunting on
unposted land or on posted land with the permission of the owner of
the land.
CLERK
The Town Clerk, or Deputy Town Clerk, of the Town of Newburgh,
where licenses are to be validated or issued.
[Added 11-15-2010 by L.L. No. 9-2010]
DANGEROUS DOG
Includes any dog which, at any time, bites, attacks, chases
or snaps at or otherwise threatens to attack any person who is peaceably
conducting himself/herself or attacks and wounds a domestic animal
in any place where such person or animal may lawfully be.
DETECTION DOG
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
[Added 11-15-2010 by L.L. No. 9-2010]
DOG
Both male and female dogs and shall include the singular
and plural.
DOGHOUSE
An enclosed shelter that provides protection from the elements
for a dog.
DOG SHELTER
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
GUARD DOG
Any dog trained or used (solely) for the purpose of protection
of people, premises and/or business.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred.
[Added 11-15-2010 by L.L. No. 9-2010]
HARBOR
To provide food or shelter to any dog.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the State of New York during the period
such dog is being trained or bred for such training.
[Added 11-15-2010 by L.L. No. 9-2010]
IDENTIFICATION TAG
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
[Added 11-15-2010 by L.L. No. 9-2010]
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 having a right of property in, harboring or keeping
a dog.
PERSON WITH DISABILITY
Any person with a disability as that term is defined in Subdivision
22 of § 292 of the New York State Executive Law.
[Added 11-15-2010 by L.L. No. 9-2010]
POLICE WORK DOG
Any dog owned or harbored by any 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.
[Added 11-15-2010 by L.L. No. 9-2010]
SERVICE DOG
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
[Added 11-15-2010 by L.L. No. 9-2010]
THERAPY DOG
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the State of New York
during the period such dog is being trained or bred for such purpose.
[Added 11-15-2010 by L.L. No. 9-2010]
TOWN
The Town of Newburgh.
[Added 11-15-2010 by L.L. No. 9-2010]
WAR DOG
Any dog which has been honorably discharged from the United
States Armed Services.
[Added 11-15-2010 by L.L. No. 9-2010]
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons and is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
[Added 11-15-2010 by L.L. No. 9-2010]
Any person owning a dog that has been found
to be dangerous by a Town Justice under § 121 of the Agriculture
and Markets Laws of New York State and ordered by the court to be
confined shall adhere to the following restrictions unless otherwise
ordered by the court. Failure to adhere to these restrictions will
result in said dog being seized whether on or off the owner's property
and euthanized and buried by a local veterinarian at the dog owner's
expense.
A. Said dangerous dog, when outside of the owner's dwelling,
shall be securely confined within an enclosed structure no smaller
than 6 feet by 6 feet by 12 feet. Said structure will be enclosed
on four sides and top. The floor area of said enclosure shall be concrete
or other type of material so as to prevent the dog from escaping by
digging out, etc. The door, gate or other means of entry or egress
shall be provided with a lock or other device which cannot be opened
by the dog. In addition to preventing the dog from escaping, the enclosure
must prevent children or adults, other than owner of said dog, from
gaining entry.
B. The yard, house or apartment in which the dangerous
dog is confined or housed shall be posted (tagged) with a conspicuous
notice(s) or sign(s) using the words "Beware of Dog" that warns the
public of the nature of the animal which is confined. The sign shall
be displayed on the front and rear of the property and at a side gate(s)
or entrance(s). A similar sign should be posted or adjacent to the
front door. The lettering of the prominent and conspicuous warning
or notice should be at least two inches in height.
C. Said dangerous dog, when outside the owner's dwelling
or confinement, shall be led by a chain or leash not exceeding six
feet in length and under the control of a responsible person capable
of controlling said dog.
D. Said dangerous dog shall be muzzled when off the owner's
property.
E. The owner of said dangerous dog shall enroll said
dog in an obedience course. The dog must complete such course within
30 days of the court's order. A certificate shall be presented to
the Town of Newburgh upon completion of said obedience course.
F. The owner of said dangerous dog shall notify the Town
of Newburgh Animal Control Department immediately in the event that
said dog escapes, bites another animal and/or human, dies or has a
change of address.
G. Said dangerous dog shall be spayed or neutered within
30 days of the court's order, and proof of the same must be presented
to the Town of Newburgh Animal Control Department.
Any person who violates this article or knowingly
permits the violation of this article or any of its provisions or
who shall molest, obstruct or interfere with the Animal Control Officer
while engaged in the enforcement of this article shall be deemed to
have committed an offense against this article, and any person convicted
of any such violation shall be liable to the following fines:
A. No less than $25 nor more than $100 and/or imprisonment
for not more than 15 days for the first violation.
B. No less than $50 nor more than $100 and/or imprisonment
for not more than 15 days for a second violation within five years.
C. No less than $75 nor more than $100 and/or imprisonment
for not more than 15 days for the third and subsequent violations
within five years.
[Amended 6-11-2018 by L.L. No. 8-2018]
Any person who observes a dog in violation of this article may
file a complaint under oath as defined by § 210.00 of the
Penal Law of the State of New York or by written instrument bearing
a notice that false statements therein are punishable under § 210.45
of the Penal Law with the Animal Control Department of the Town of
Newburgh specifying the nature of the 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 enforcing
the provisions of this article.