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Dog Control Law [Adopted 1-14-2003]
•       80-1. Title.
This article shall be known and may be cited as the “Dog Control Law of the Town of Gardiner, Ulster County, New York.�
•       80-2. Purpose.
The purpose of this article shall be to preserve the public peace, and good order in the Town, and to contribute to the public welfare, safety and good order of its people by establishing certain regulations and restrictions on the activities of dogs and dog owners.
•       80-3. Authority.
This article is enacted pursuant to the provisions of Article 7, § 124 of the Agriculture and Markets Law of the State of New York.
•       80-4. Definitions.
A. As used in this article, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated: AGRICULTURE AND MARKETS LAW—The Agriculture and Markets Law of the State of New York in effect as of the effective date of article and as amended thereafter. AT LARGE—Any dog that is not under the immediate control of its owner 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. CONFINED—As applied to a dog shall mean that such dog is securely confined or restrained and kept on the owner’s premises, either within a building, kennel or wire or other suitable enclosure such as a fully operational electric fence protection system with functioning monitoring equipment on the dog, or securely fastened on a chain, wire or other effective tether of such length and so arranged that a dog 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, that it is securely confined in a crate, or other container, or so restrained in a vehicle that it cannot escape therefrom. DANGEROUS DOG—Any dog which, without just cause, bites, attacks or otherwise threatens to attack any person or attacks and wounds a dog, cat, or other domestic animal (as defined in the Agriculture and Markets Law), or which displays any other fierce, vicious or dangerous propensities. A dog shall not be declared dangerous if the court determines the conduct of the dog was justified because the threat, injury or damage was sustained by a person who at the time was committing a crime or offense upon the owner or custodian or upon the property of the owner or custodian of the dog, or was justified because the injured person was tormenting, abusing or assaulting the dog or has in the past tormented, abused or assaulted the dog, or was responding to pain or injury, or was protecting itself, its kennels or its offspring, as set forth in § 121, Subdivisions 4 and 5, of Article 7 of the Agriculture and Markets Law. DOG—Any member of the species Canis familiaris. DOG CONTROL OFFICER—Any person authorized by the Town Board to enforce the provisions of this article or the provisions of Article 7 of the Agriculture and Markets Law. HARBOR—To provide food and/or shelter to any dog. IDENTIFIED DOG—Each dog licensed pursuant to Agriculture and Markets Law and wearing its license identification tag, or any other means of distinctive identification. OWNER—Any person, firm, association or corporation owning, harboring or keeping a dog within the limits of this Town and the parent, guardian, or other adult person with whom a minor dog owner resides.
B. All other words and phrases used in this article shall for the purpose of this article have the meanings respectively ascribed to them by § 108 of the Agriculture and Markets Law.
•       80-5. Owner’s responsibility.
The owner of every dog which is at any time kept, brought or comes into the Town shall be held responsible for the strict observance of such dog and with respect to such dog, of all the regulations contained in this article at all times when such dog is within the Town and shall not permit such dog to become a nuisance. The owner shall license each dog in accordance with the Agriculture and Markets Law and shall renew each license every year. Said license and identification, including the dog’s name and owner’s telephone number, must be attached to the dog at all times. Any owner is responsible to reimburse the Town for any and all expenses incurred by the Town in the enforcement of this article with respect to the owner’s dog.
•       80-6. Restrictions upon ownership and care.
A. It shall be a violation of this article for any owner or custodian of any dog to permit or allow such dog to: (1) Run at large off the owner’s property unless the dog is accompanied by its owner or a responsible person, either of whom must control such dog by command, unless such dog is restrained by an adequate leash. When present on recreational areas, such dog must be on a leash. Dogs hunting in company with hunters are considered accompanied by their owner. (2) Engage in habitual loud howling, barking, crying, or whining or otherwise conduct itself in such a manner that unreasonably disturbs the comfort or repose of any person other than the owner of such dog. (3) Uproot, dig, or otherwise damage any vegetable, lawns, flowers, gardens or other property not belonging to the owner of such dog, or to allow such dog to defecate, urinate, or dig, or enter on property not belonging to the owner of such dog, or to otherwise cause damage or destruction to property upon premises other than the owner’s or the property of the person harboring said dog. (4) Chase, jump upon or at, or otherwise harass any person (other than the owner) in such a manner as to reasonably cause intimidation or fear, or to put such person in reasonable apprehension of bodily harm or injury, or chase people, animals or persons on bicycles or automobiles or other vehicles upon any public highway or upon any bicycle path or private road where said person, automobile or bicycle was lawfully traveling. (5) Allow a female dog to run at large when said dog is in the period of heat. Every person who owns or harbors a female dog is charged with the duty to keep such dog so isolated that it shall not attract other dogs. (6) Breed or attempt to breed or aid or abet the breeding of any dog in any public place within the Town or any place within the Town not entirely enclosed and completely screened from observation from without the enclosure.
B. In order to promote humane treatment of dogs in the community: (1) Each owner must provide appropriate food, water and shelter consistent with the specific needs of the breed. (2) It shall be a violation of this article for any owner of any dog to permit the premises, structures or enclosures in which such dog is kept to be unclean or unsanitary. (3) It shall be unlawful for any person in the Town of Gardiner to torture, torment, deprive of necessary sustenance, unnecessarily or cruelly beat or otherwise abuse or mutilate a dog. The violator thereof shall be notified in writing and by personal service or by regular mail, of the alleged violation. (4) It shall be unlawful to unjustifiably kill a dog except to the extent that it is euthanized due to serious illness, injury, infirmity, etc.
•       80-7. Enforcement.
A. Any Dog Control Officer, the Town Supervisor or any other persons duly authorized by resolution of the Town Board who observes a violation of this article or of Agriculture and Markets Law Article 7, or who receives a duly sworn complaint from someone who observes such violation, may issue and serve an appearance ticket or other instrument for such violation as prescribed in § 114, Subdivision 1, of the Agriculture and Markets Law.
B. The Dog Control Officer or such other duly designated persons will enforce the provisions of this article and will make a complaint under oath or affirmation to the Town Justice of the Town of Gardiner with respect to any such violation.
•       80-8. Seizure of dogs, impoundment, redemption and adoption.
A. Any dog found in violation of the provisions of this article, or the provisions of Agriculture and Markets Law § 109, may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
B. Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified in accordance with § 118, Subdivision 6, of the Agriculture and Markets Law.
C. Every dog seized shall be properly cared for at the Town shelter, fed and watered for the redemption period of 10 days. In the event of overcapacity, alternative arrangements will be made as determined by the Dog Control Officer.
D. Seized dogs may be redeemed by producing proof of licensing and identification pursuant to Article 7 of the Agriculture and Markets Law and by paying the impoundment fees set forth in § 118 of the Agriculture and Markets Law. Notwithstanding § 118 of the Agriculture and Markets Law, the Town may set fees by local law.
E. If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees referred to above, whether or not such owner chooses to redeem his or her dog.
F. Any dog unredeemed at the expiration of the redemption period shall be made available at the Town shelter and offered for adoption in a suitable home appropriate to the animal. The animal will be euthanized if a veterinarian determines it to be terminally ill or seriously injured, or if a Town Justice rules it to be a dangerous dog. In the event said dog has not been returned or adopted within 10 days, it will be referred to volunteers approved by the Town Board. If placement can’t be found within 10 days from the time the dog is referred to the volunteers, the Town will transfer said dog to the Walden Humane Society, or another appropriate humane society.
G. No action shall be maintained against the Town, its officers, agents, servants, employees, or designated contractors when acting pursuant to his or her duties, to recover the possession or value of any dog, or for damages or injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this article or the Agriculture and Markets Law.
•       80-9. Complaint.
A. Any person who observes a violation of this article may file a complaint under oath with a Town Justice specifying the nature of the violation, the date thereof, a description of the dog, and the name and address, if known, of the owner of the dog.
B. Upon receipt by the Town Justice of any such complaint, he or she shall summon the alleged owner to appear in person before him or her for a hearing, at which both the complainant and the owner shall have the opportunity to be represented by counsel and to present evidence. If, after such hearing, the Town Justice decides that there has been a violation of this article, and further action is warranted, he or she may order, in addition to the penalties set forth in § 80-10 of this article, such other remedy as may be warranted by the circumstances in such case.
C. A violation of any order issued by a Town Justice under the provisions of this article shall be an offense punishable upon the conviction thereof, as provided in § 80-10 of this article.
•       80-10. Penalties for offenses.
Any person convicted of a violation of this article shall be deemed to have committed a violation and shall be subject to a fine as provided in § 119 of the Agriculture and Markets Law.
•       80-11. Fees.
Seizure, impoundment, redemption and adoption fees shall be established annually by the Town Board and may be amended by resolution of the Town Board.
•       80-12. Notification of Commissioner: Dog Control Officer and pound or shelter.
As required by 1 NYCRR Section 78.2, and pursuant to Article 7, §§ 114 and 115, of the Agriculture and Markets Law, the Town shall notify the Commissioner in writing of the name and address of the person or persons providing such services and arrangements provided for care and shelter.
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•       80-13. Notification of Commissioner: lost or stolen dog.
Any owner of record filing a written report of a lost or stolen dog shall notify the Commissioner of the return of said dog within 10 days of such event, pursuant to 1 NYCRR Section 78.4 and § 113, Subdivision 2, of the Agriculture and Markets Law.
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•       80-14. Notification of Commissioner: dangerous dogs.
Upon finding by a Justice that a dog is a dangerous dog, the Justice shall notify the Commissioner of such finding and whether the dog was ordered to be securely confined or destroyed. Upon receipt of such notification, the Commissioner shall make and maintain a record of such finding. Said record shall be maintained for the life of the dog, as required by 1 NYCRR Section 78.6 and § 121 of the Agriculture and Markets Law.
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