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LL #03-1976M In TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK LOCAL LAW NO.3, YEAR 1976 A Local Law Relating to the Control, Confining And Leashing of Dogs. BE IT ENACTED BY THE TOWN BOARD of the Town of Wappinger, Dutchess County, New York as follows: Section I. PURPOSE. The Town Board of the Town of Wappinger finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons, damage to property and 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 Section 126 of the Agriculture and Markets 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. DEFINITION OF TERMS. As used in this local law, the following words shall have the following respective meanings. (a) Agriculture and Markets Law. The Agriculture and Markets Law of the state of New York in effect as of the effective date of this local law, as amended by this local law, and as amended thereafter. (b) Confined. That such animal is securely confined or re- strained and 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 adjacent premises or on any public street, way or place, or, if the animal 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 be expected to escape therefrom. Dogs participating in obedience training or competition, dog shows, field trials or hunting in the company of a hunter shall be considered as confined. (c) Dog. Dog shall mean male and female, licensed and unlinced, members of the species Canis familiaris. (d) Dog Warden. Any person authorized by the Dutchess County legislature or the Town Board from time to time, to enforce the provisions of this local law or the provisions of the Agriculture and Markets Law. (e) Owner. The party purchaing the license unless dog is or has been lost, and such less reported to the dog warden and reasonable search has been made. If an animal is not licensed the term of 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 animal which is kept, brought or comes within the Town. Any person owning or harboring a dog for one 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 the local law. In the event any (j) Own or harbor any dog over the age of six months unless licensed pursuant to Section 109 of Article 7 of the Agricultural and Markets Law, said license to be worn by said dog by attachment tb a collar. All untagged subject to seizure excepting those accompanying hunters during hunter season. Establishment of the fact or facts that a dog has committed any of the acts prohibited by section 5 of this local law shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine, leash or control his dog. Section 6. ENFORCEMENT. This local law shall be enforced by any peace officer, dog warden, or any person having jurisdiction under the Agriculture and Markets Law. Section 7. SEIZURE OF DOGS. (a) Any dog found running at large in vio- lation of this local law may be seized by any dog warden, peace officer or other designated representative of the Commissioner of Agriculture and Markets of the State of New York, exercising such degree of force as shall be necessary to effect such seizure without intentionally injuring or harming such dog, and shall be impounded and disposed of in accordance with the provisions of Article 7 or other appli- cable provisions of the Agricuture and Markets Law. (b) After any such seizure, the record owner of such dog or an adult member of his family, if the owner is ascertainable from the dog's license tag, shall be notified personally by serving such owner or adult with a notice in writing stating that the dog has been seized and may be destroyed unless redeemed. If the record owner is not ascertainable, the Town Clerk shall be notified and notice of the seizure shall be placed on the official sign- board maintained by the Town Clerk. (c) A dog owner may redeem his animal from the pound upon pay- ment in cash of Ten Dollars ($10.00) for the impounding of such animal, plus the cost of keeping, feeding and caring for the animal while in custody of the animal warden or pound, and any licensing fees which may be due at the said time. (d) No action shall be maintained against the Town of Wappinger, any duly designated dog warden, or any other agent or officer of the Town, to recover the possession or value of any dog, or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this local law. *4r Section 8. COMPLAINT. (a) Any person who observes a dog in violation of this local law may file a complaint under oath with a Town Justice specifying the nature of the violation, the date thereof, a de- scription of the dog and the name and residence, if known, of the 1%W owner of the dog. (b) Upon receipt by the Town Justices of any such complaint, he shall summon the alledged owner to appear in person before him for a hearing, at which both the complainant and owner shall have an opportunity to be represented by counsel and to present evidence. If, after such hearing, the Town Justice decides that further action is warranted, he may order: