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LL #03-1980TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK LOCAL LAW NO.3, YEAR 1980 I�Aw A Local Law relating to the control, confining and leashing of dogs. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Purpose. The Town Board of the Town of Wappinger finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons, damage to property and have created nuisances within the Town. The purpose of this local law is to protect the health, safety and well being of persons and property by imposing restrictions on the keeping and running at large of dogs within the Town. Section 2. Authority. This local law is enacted pursuant to the provisions of article seven of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York. Section 3. Title. The title of this law shall be: "Dog Control Law of the Town of Wappinger." Section 4. Definitions of Terms. As used in this local law, the following words shall have the following respective meaning: (a) Dog means male and female, licensed and unlicensed, members of the Species Canis Familiaris. (b) Owner means person entitled to claim lawful custody and possession 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. Any person owning or harboring a dog for a period of one (1) week prior to the filing of any complaint charging a violation of this local law, shall be held and deemed to be the owner of such dog for the purpose of this local law. In the event the owner of any dog found to be in violation of this chapter shall be under eighteen years of age, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for ,any acts of the said dog and violation of this local law. (c) Run at large means to be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands. (d) Town means the Town of Wappinger. (e) Dog Control Officer means the person authorized by the Town Board from time t6 time, by resolution, to enforce the provisions of this local law. A dog control officer shall have all the powers of a constable or other peace officer in the execution of the provisions of this local law, including service of a summons, the service of an ap- pearance ticket pursuant to and in accordance with Sect. 126 of the Ageiculture and Markets Law of the State of New York as amended by Chapter 374 of the Laws of 1975, and the service and execution of any other order of process, notwithstanding any provision of the Justice Court Act. Section 5. Restrictions. It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to: (a) Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person and under the full control of such owner or person. For the purpose of the local law, a dog or dogs hunting in company of a hunter or hunters shall be considered as accompanied by its owner. (b) Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonable and habitually dis- turb the EomfDrt or repose of any person oi:her than the owner of such dog. (c) Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property without the consent or approval of the owner thereof. (d) Chase, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury. (e) Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles or other vehicles while on a public street, high- way or place, or upon private property without the consent or approval of the owner of such property. (f) Create a nuisance by defecating, urinating or digging on public property, or on private property without the consent or approval of the owner of such property. (g) If a female dog when in heat, be off the owner's premises un- restrained by a leash. Section 6. Enforcement. This local law shall be enforced by the Dog Control Officer or any other Law Enforcement Officer. (a) The Dog Control Officer or a peace officer observing a vio- lation of this local law in his presence, or having reasonable cause to believe that a person has violated this local law, shall issue and serve an appearance ticket for such violation. The appearance ticket shall be in the form prescribed by this Board by resolution in accordance with the provisions of Section 126 of the Agriculture and Markets Law and this local law. (b) The Dog Control Officer or any peace officer shall seize (1) any unlicensed dog whether on or off the owner's premises, (2) any dog not wearing a tag, and which is not on the owner's premises and (3) any dog found in violation of paragraph (a) of Section 5 of this local law. The Dog Control Officer or peace officer may also investigate and report to a Town Justice of the Town any dangerous dog as described in Section 121 of the Agriculture and Markets Law, and see that the order of the Town Justice in such case is carried out. D n In M n (c) Any person who observed a dog in violation of this local law may file a complaint under oath with a Town Justice of the Town speci- fying the nature of the violation, the date thereof, a description of the dog and the name and residence, if know, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this local law. Section 7. Seizure of dogs. The Dog Control Officer is hereby em- powered to seize any dog which has violated any of the provisions of this %r local law, and/or Article 7 of the Agriculture and Markets Law, and any such dog so seized shall be impounded or taken to such place as may be designated by the Town Board as a place of detention, until disposition thereof shall have been made in accordance with the provisions of this local law. Section 8. Redemption. (a) Periods of redemption - any dog seized by the Dog Control Officer shall continue to be impounded and held by him for the following prescribed time periods: TYPE OF SEIZURE Unlicensed or Unidentified dog Licensed dog Licensed dog REDEMPTION PERIOD 5 days 5 days (if personal notice, from date of notice) 7 days (if mail notice, from date of mailing) (b) Redemption fees - at any time during the period of redemption the owner of any dog seized may redeem such dog provided that such owner produces proof that the dog has been licensed and has been identified and provided further that the owner pays the following redemption fees: NUMBER OF TIMES IMPOUNDED REDEMPTION FEE First Second, within 1 year of first impoundment Third or more within 1 year of first impoundment $10.00 plus $4.00 per day $20.00 plus $4.00 per day costs $30.00 plus $4.00 per day costs %W Section 9. Disposition of seized dogs. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be available for adoption or euthanized. The Town shall keep for one (1) year a record of the disposition of all dogs seized, which I�r records shall be open to public inspection. Section 10. Adoption (a) At the expiration of the appropriate re- demption period an unredeemed dog may be made available for adoption for the following adoption fees: TYPE OF DOG ADOPTION FEES Puppies up to $ 5.00 six months Purebred or $10.00 purebred type Mixed breed $ 5.00 (b) Adoption of either a male or female dog shall be further con- ditioned upon the provision that the dog shall be spayed or neutered be- fore release from custody of the Dog Control Officer, and at the expense of the adoptive owner. Puppies six months and under shall be exempt from the Spaying and Neutering requirements. They shall be released from custody on the express written stipulation that at such time as the owners Veterinarian deems it appropriate such dog shall then be spayed or neutered. Such written stipulation shall be provided to the Dog Control Officer who shall verify its compliance by written certificate from the Veterinarian that such spaying or neutering has been performed at the appropriate time. Failure to comply with such stipulation shall be a violation of this Local Law and be grounds for the seizure of said dog. Section 11. Trial Procedure. (a) The owner of a dog who is issued an appearance ticket pursuant to Section 7 herein may answer the same by registered or certified mail, return receipt requested, within five (5) days of the violation(s) as hereunder prd- vided in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket. (b) If the person charged with the violation admits to the violation as charged in the appearance ticket, he may complete the appropriate form on such appearance ticket and forward such form and appearance ticket to the office specified on such appearance ticket. (c) If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he may complete the appearance ticket likewise prescribed for that purpose and forward such appearance ticket to the Town Court. Upon receipt, such answer shall be entered in the docket and a new return date established by said Court. Such person shall be notified by mail of the date and place of such return date a summons or a warrant of arrest may be issued pusuant to the Criminal Procedure Law. (d) In the event that there is a violation of this local law based upon an information and not an appearance ticket, the Dog Control Officer or other Law Enforcement Officer shall immediately proceed to file an information with a Town Justice so that the matter will appear on the docket of the Town Justice Court as soon as possible. The rules of procedure and proof applicable in crimnal actions shall apply. Section 12. Penalties. Any person convicted of a violation of this local law, and/or Section 119 of the Agriculture and Markets Law, shall be deemed to have committed a violation and shall be subject to a fine not exceeding Two Hundred Fifty ($250.00) Dollars or imprisonment for a period not to exceed fifteen (15) days. Section 13. Separability. Each separate provision of this local law shall be deemed independent of all other provisions herein, and if any provisions shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable... Section 14. Repealer. This local law shall supersede all prior local laws, ordinances, rules and regulations relative to the control of dogs within the Town of Wappinger and they shall be, upon the effectiveness �aw of this local law, null and void. Section 15. This Local Law shall take effect immediately upon adoption and as prescribed by the Municipal Home Rul@ Law.