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A local law TO CONTROL THE RUNNING AT LARGE OF DOGS IN THE TOWN OF MARBLETOWN
Be it enacted by the TOWN BOARD of the Town of MARBLETOWN as follows:
SECTION 1. PURPOSE: The purpose of this local law
is to protect the public health, safety and welfare by controlling and
regulating the dog population in the Town of Marbletown, hereinafter
called the Town, and by re-enforcing that portion of the Agriculture
and Markets Law of the State of New York, pertaining to the licensing
and identification of dogs.
SECTION 2. ENABLING STATUTES: This local law is
enacted pursuant to the authority vested in the Town of Marbletown by
the Town Law, the Domestic Home Rule Law, the Agriculture and Markets
Law and other pertinent laws of New York State.
SECTION 3. DEFINITIONS: The following words and phrases will have the following definitions for purposes of this local law:
(A) Dog: Any member of the species canis familiaris.
(B) At Large:
Unleashed and on property open to the public or on private property not
owned or leased by the owner of the dog without permission of the owner
or tenant of the property. No dog shall be deemed at large if it is:
1. Accompanied
by and under the full control of its owner or other responsible person
while (a) on lands of its owner, (b) lawfully on public lands, or (c)
on private lands with the permission of the land owner or tenant.
2. A police work dog lawfully being used or trained for police
work while under the full control of its trainer or a police officer.
(C) Dog Control Officer: Any individual appointed by the Town to
enforce
this local law or Article 7 of the Agriculture and Markets Law of the
State of New York or any authorized officer, agent or employee of any
incorporated animal humane society or incorporated dog protective
association under contract with the Town to assist in the enforcement
of this local law and Article 7 of the Agriculture and Markets Law of
the State of New York.
(D) Harbor: To provide food or shelter to any dog.
(E) Owner: Any person legally entitled to possession
of a dog pursuant to Sec. 108 (15 & 16) of the Agriculture and
Markets Law unless such dog is lost and such loss was promptly reported
to the Dog Control Office of the Town. The term owner shall be
deemed to include any person who harbors a dog except on a temporary
emergency basis to protect and aid a stray or lost dog. In the event
the owner of a dog is under 18 years of age, the custodial parent or
guardian, or head of the household in which said minor principally
resides, shall be deemed to be the owner of such dog for the purposes
of this local law.
(F) Person: An individual, corporation,
partnership, unincorporated association or other organized group of
persons, municipality or other legal entity.
(G) Police Dog: 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 assist law-
enforcement officers and is actually being used for such work.
(H) Vehicle: 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 shall not be limited to bicycles, motorcycles, automobiles,
trucks, snowmobiles, coaches, wagons, platforms and trailers.
SECTION 4 RESTRICTIONS: It shall be a violation of this local
law for the owner of any dog to permit or allow such dog:
(A) to be at large; or
(B) to engage in habitual loud howling, barking, crying or
whining,
or any other behavior which unreasonably disturbs the comfort or
repose, or causes damage or destruction to real or personal property,
of any person other than the owner of such dog or a member of the
owners household residing with the owner or a guest of such owner; or
(C) to commit a nuisance by defecating or urinating
upon public property or upon the premises of any person other than the
owner of such dog; or
(D) to chase, threaten, harass, annoy, intimidate or alarm any
person or to place any person in reasonable apprehension of bodily harm
or injury, unless such person is unlawfully on the owners premises or
in the owners residence or such person is threatening the safety of
the owners person, family, guests or property, and such dog is
protecting or guarding the owner, the owners real or personal
property, or any person lawfully on the owners property or in the
owners residence or
(E) to habitually chase or run alongside of moving vehicles,
horses or pedestrians lawfully using the public highways.
SECTION 5. ENFORCEMENT: This local law may 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, all of which officers shall be deemed enforcement officers for
purposes of this local law.
SECTION 6. SEIZURE, IMPOUNDMENT AND REDEMPTION:
(A) Any dog which appears to any enforcement office to be in
violation of this local law or Article 7 of the Agriculture and Markets
Law of New York State, may be seized in accordance with the provision
of section 118 thereof.
(B) Every dog so seized shall be held for a redemption period
of ten (10) days from the date of seizure, or in the event that the
owner of such dog can be identified and notified of such seizure within
such period as required by Sec. 118(6) of the Agriculture and Markets
Law, ten (10) days from the date of such notification, whichever occurs
last. This provision modifies the redemption periods set forth in Sec.
118 of the Agriculture and Markets Law.
(C) Every dog so seized shall immediately be given distemper,
rabies and parvo virus shots and shall be properly fed, watered,
sheltered and given necessary medical treatment by the Town so long as
such dog is in the possession and control of any officer, employee,
contractor or agent of the Town.
(D) Every dog so seized may be redeemed by any person
producing proof of (i) his, her or its ownership or authority for
possession of, such dog, (ii) a current valid New York State license
for such dog (which may also be accepted as proof of ownership, and
(III) an identification tag for such dog bearing the dogs New York
State identification number upon payment of the impoundment fee set
forth in Sec. 118 of the Agriculture and Markets Law and any medical
expenses incurred by the Town for the safety or welfare of the dog or
the public.
(E) If the owner of any seized dog is known, such owner shall
be required to pay the impoundment fees set forth in subsection (C)
above whether or not the owner chooses to redeem such dog. The Town
may bring civil action for the collection of such impoundment fees.
SECTION 7. VOLUNTARY SURRENDER OF LICENSED DOGS:
(A) Any resident of the Town who owns a licensed dog may
surrender such dog to the Dog Control Officer, for adoption pursuant to
section 8 hereof, upon payment of a fee of five dollars ($5.00).
(B) An additional fee of five dollars ($5.00) shall be paid to the
Town if the Dog Control Officer is required to pick up the dog at the owners residence.
SECTION 8: ADOPTION: Any dog seized by the Town
which is unredeemed at the end of the redemption period set forth in
Section 6 becomes the property of the Town. Any unredeemed dog may at
the discretion of the Dog Control Officer, be held for adoption for a
period not to exceed thirty (30) days. Unredeemed dogs may be adopted
pursuant to the following provision and conditions:
(A) The person applying to adopt any such dog, hereinafter
called the applicant , shall be a resident of, and legal age to
license a dog in, New York State, and shall complete an Application for
Adoption on a form provided by the Town which shall contain the
following:
(i) The name, address, telephone number, age and the
Township, and County of residence, of the applicant:
(ii) A statement that the applicant:
(a) has sufficient means to properly feed, house
and care for the dog to be adopted,
hereinafter called the dog;
(b) will within two weeks of the adoption, if it is
approved, have the dog tested for heartworm
infection.
(c) will comply with all laws, ordinances, rules and
regulation relating to the applicants ownership
of the dog, in effect in the Town, Village or City
of applicants residence;
(d) will not knowingly allow, sell or give the dog to
be used for research purposes;
(e) will allow a representative of the Town to visit
the applicants residence to view and examine
the dog at least once within six (6) months of
the date of adoption.
(B) All applicants for adoption shall be accompanied by an
application of ten dollars ($10.00) which shall be refunded to the
applicant only if the application is denied, and shall be approved or
denied by the Dog Control Officer. If in the opinion of the Dog
Control Officer placing the dog with an applicant will jeopardize the
health, safety or well being of the dog, the Dog Control Officer shall
deny the application. No dog shall be sold, given or allowed by the
Town to be adopted for research purposes.
(C) Upon approval of an Application for Adoption, the
applicant shall produce the following prior to obtaining possession of the dog from the Town:
(i) proof of a current, valid New York State dog license
for the dog being adopted;
(ii) proof of proper indentification for the dog as required
by the State Agriculture and Markets Law;
(iii) an adoption fee of twenty-five dollars ($25.00),
which shall be refundable to the applicant within
fifteen (15) days upon the submission of a certificate
from a Doctor of Veterinary Medicine, or other proof
satisfactory to the Dog Control Officer, that the
adopted dog has been spayed or neutered. The Dog
Control Officer may waive the adoption fee in the
event that other arrangements can be made that
guarantee the immediate spaying or neutering of
the adopted dog.
SECTION 9. EUTHANIZATION: Any dog unredeemed at
the expiration of the appropriate redemption period, or if the dog is
thereafter held for adoption, hereof, as same may be extended, shall be
euthanized. Notwithstanding any other provision of this local law, any
dog in the possession or control of the Town which has an illness,
disease or injury which in the opinion of a licensed veterinarian or an
injury which in the opinion of any two enforcement officers is
eminently fatal, shall be euthanized.
SECTION 10. COMPLAINT AND PROSECUTION:
(A) Any person who observes a violation of this local law or of
Sec. 119 of the Agriculture and Markets Law may notify any enforcement
officer of such violation, or may, pursuant to Article 100 of the
Criminal Procedure Law execute and file the information with a justice
of the Justice Court of the Town, charging any person alleged to have
committed such violation with such violation. Any Dog Control Officer
of the Town, when notified of an alleged violation as aforesaid, or
when such violation occurs in his presence, shall immediately
investigate the circumstances thereof and shall pursuant to the State
Criminal Procedure Law, execute and file the information with a Justice
of the Justice Court of the Town, charging any person whom he has
probable cause to believe has committed a violation of this local law,
with such violation. Any information so filed shall serve as the basis
for the prosecution of the person named therein as defendant in
accordance with the State Criminal Procedure Law.
(B) Any enforcement officer who observes a violation of this
local law committed in his presence, or who has probable cause to
believe that a violation of this local law has occurred, may issue and
serve upon the person whom such officer has probable cause to believe
has committed such violation, an appearance ticket pursuant to Sec.
150.20 of the State Criminal Procedure Law, requiring that persons
appearance in the Justice Court of the Town.
SECTION 11. PROSECUTION PROCEDURE AND
PENALTIES:
(A) Every prosecution for an alleged violation of this local law
shall be conducted in accordance with the requirement of the Criminal
procedure Law of the State of New York for the prosecution of a
violation as that term is defined in the Penal Law of the State of
New York.
(B) Any person convicted in a court of competent jurisdiction
of a violation of this Ordinance shall be subject to the same penalties
as a person who is found guilty of a violation under the Penal Law of
the State of New York as specifically set forth therein.
(C) In addition to the penalties provided above, the Town
Board may also maintain an action or proceeding in the name of the Town
in any court of competent jurisdiction to compel compliance with, or to
restrain by injunction any violation of, this local law.
SECTION 12. CONSTRUCTION WITH STATE LAW: Nothing in
this ordinance shall be deemed to vary or modify those provisions of
Article 7 of the Agriculture and Markets Law relating to
identification, licensing and euthanization, and where there is a
conflict, the provisions of Article 7 of the Agriculture and Markets
Law shall control, except to the extent that the Town can lawfully
supercede or modify same by local law, in which event the provisions of
this local law shall control.
SECTION 13. RESCISSION OF PRIOR LAW: This local
law shall rescind and supersede all prior local laws and ordinances of
the Town relating to the control and regulation of dogs within the
Town, specifically Local Law No. 1 of 1971.
SECTION 14. SEVERABILITY: Each separate provision
of this local law shall be deemed independent of all other provisions
herein,
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