§ 77‑3                                          ANIMALS                                         § 77‑3

§ 77‑3. Seizure.

Any dog not so restrained found off the owner's premises shall be seized, held and dealt with in accordance with the Agriculture and Markets Law of the State of New York.

(Cont'd on page 7703)

§ 77‑4                                           ANIMALS                                        § 77‑5

§ 77‑4.   Penalties for offenses. [Amended 1‑12‑1987 by L.L. No. 1‑19871

Notwithstanding any other provisions of law relating to the seizures of dogs, a violation of §§ 77‑1 or 77‑2 of this article shall be punishable in accordance with § 119 of the Agriculture and Markets Law.

§ 77‑5. Enforcement.

A.   In addition to any other method of enforcement, an appearance ticket may be issued pursuant to the Criminal Procedure Law for any violation thereof and that an answer to such appearance ticket may be made by registered or certified mail, return receipt requested, within five days of the violations as provided in Subsections B and C of this section in lieu of personal appearance on the return date of the time and court specified in said appearance ticket.

B.   If a person charged with the violation admits to the violation as charged in the appearance ticket, he may complete an appropriate form authorized by this article entering a plea of guilty thereby and forward such form and appearance ticket to the office specified on such appearance ticket. A check or money order in the amount of the penalty for a violation charged, in accordance with the penalty schedule appearing on the answer form, must also be submitted with such answer.

C.   If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he may complete an appropriate form likewise prescribed for that purpose, entering a plea of not guilty thereby and forward such form and appearance ticket, together with security in the amount of $15, to the office specified on such appearance ticket. Upon receipt, such answer shall be entered and a new return date established. Such person shall be notified by return mail of the date and place of such return date and the security shall be

  7703

§ 77‑5                          BLOOMING GROVE CODE                   § 77‑6
                                                 ANIMALS

 returned upon appearance thereat. If a person shall fail to appear at a return date, when such is provided for pursuant to this section, the security posted to secure such appearance shall be forfeited and a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law.

D. The form for answer by plea of guilty or not guilty shall include a statement setting forth in substance the provisions of § 77‑5 of this article and the schedule of penalties that can be imposed if a plea of guilty is entered. The form shall be approved as to form and content by the Town Board.

  § 77‑6.  License and impoundment fees; redemption and disposition. [Added 10‑8‑1979 by L.L. No. 4‑19791

A.  The owner of any dog shall pay to the Town Clerk as an annual license fee, including any license fees levied by state law, the following sums:

(1) Five dollars for each spayed or neutered dog.

(2) Thirteen dollars for each unspayed or unneutered dog.

B.  The owner of any dog seized in accordance with the provisions of § 77‑3 above shall be liable to pay such costs as shall fully and completely cover the cost of impounding and boarding the dog. Such fee shall be determined by the agency boarding the dog. [Amended 1‑12‑1987 by L.L. No. 1‑198711

C.  Any dogs unredeemed at the expiration of the redemption period shall be made available for adoption or euphonized. The party adopting the dog shall be responsible for licensing the dog and shall be responsible for the cost of spaying or neutering the adopted dog, as specified in the Humane Society's adoption contract,

  7704

§ 77‑6                                           ANIMALS                                        § 77‑7

with a cash deposit provided in an amount set by the Humane Society and approved by the Town Board for such spaying or neutering. Spaying and neutering shall be done within 45 days or at the age of six months in the case of puppies. The deposits shall be forfeit and the party adopting the dog shall be guilty of a violation if the acts are not done in the time prescribed. [Added 1‑12‑1987 by L.L. No. 1‑19871

D.   It shall be a violation of this article for the owner of record to not redeem their dog during the redemption period. [Added 1‑12‑1987 by L.L. No. 1‑19871

E.   The owner of any dog unredeemed at the expiration of the redemption period shall be liable for a civil penalty pursuant to § 119 of the Agriculture and Markets Law, including, without limitation, all outstanding costs, expenses and charges. [Added 1‑12‑1987 by L.L. No. 1‑1987]

 ARTICLE II

Dangerous Dogs

[Adopted 1‑11‑1988 by L.L. No. 1‑1988]

§ 77‑7. Definitions.

As used in this article, the following terms shall have the meanings indicated:

AT LARGE ‑ Any dog which is both:

A.      Off the premises of the owners; and

B.     Not under the direct control and physical custody, restraint and control by means of leash, chain or cord of the owner or other person responsible for a dog.

DOMESTIC ANIMAL ‑ Includes cats, dogs and any animal listed in § 108 of the State Agriculture and Markets Law.
 

7705

§ 77‑7                             BLOOMING GROVE CODE               § 77‑8
             ANIMALS

 
OWNER ‑ Any person owning, keeping, harboring or controlling a dog within the Town of Blooming Grove, and the parent, guardian or other adult person with whom a minor owner resides, including persons temporarily in possession of a dog at the owner's request.

TOWN‑ All public and private areas within the jurisdiction of the Town of Blooming Grove, outside the Village of Washingtonville.

VICIOUS DOG:

A. Includes:

(1)  Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals, as determined pursuant to § 77‑12 herein; or

(2)  Any dog which attacks a human being or domestic animal, including dogs and cats without provocation, as determined pursuant to § 77‑12 herein; or

(3)  Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting, as determined pursuant to § 77‑12 herein.

B.   No dog shall be automatically deemed vicious if it bites, attacks or menaces a trespasser an the property of its owner or harms or menaces anyone who has tormented or abused it, as determined pursuant to § 77‑12 herein.

§ 77‑8. Liability for damages to person bitten.

The owner of any dog which bites any person while such person is on or in a public place or lawfully on or in a private place, including the property of the owner of such dog, shall be liable for damages suffered by the person bitten regardless of

7706

§ 77‑8                                           ANIMALS                                   § 77‑9

 the known or former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon private property within the meaning of this article when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws of Postal Regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof; provided, however, that no owner of any dog shall be liable for any damages to any person or his property when such person shall mischievously or carelessly provoke or aggravate the dog inflicting such damage. It shall be an affirmative defense against liability if, at the time of any such injury, he has displayed in a prominent place on his premises a sign easily readable including the words "Bad Dog" or words to that effect.

§ 77‑9. Vicious dogs.

A.   No person owning or harboring or having the care or custody of a vicious dog shall suffer or permit such dog to go at large or be unconfined on the premises of such person. A vicious dog is unconfined, as that term is used in this section, if such dog is not securely confined indoors or in a vehicle or in a securely enclosed and locked covered pen or dog run upon the premises of the owner. Such pen or structure shall have secure sides and a secure top and shall also provide protection from the elements for the dog.

B.   No person owning, harboring or having the care of the vicious dog shall suffer or permit such dog to go beyond the premises of such person or in public, unless such dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding six feet in length.

C.   No person shall own or harbor any dog for the purpose of causing or encouraging said dog to unprovoked attacks upon human beings, and no person shall possess with intent to sell, or offer for sale, or breed or buy or attempt to buy within the town any vicious dog.

7707

§ 77‑9                       BLOOMING GROVE CODE                       § 77‑11
ANIMALS

 D.   The owner of any vicious dog shall register such dog with the Town Clerk no later than 10 days after the effective date of determination that dog is vicious. The owner of a vicious dog shall produce proof within 30 days after determination that said dog is vicious that he has obtained liability insurance in the amount of at least $100,000 covering any damage or injury which may be caused by the dog. Such proof shall then be presented each 12 months thereafter.

E.   All premises in which a vicious dog is kept shall be posted with a sign or notice, printed in clear and legible type, warning the public of the presence of such dog, and said sign shall be conspicuously displayed.

§ 77‑10. Probable cause.

In the event that a law enforcement agent of the town has probable cause to believe that a vicious dog is being harbored or cared for in violation of this article, the town may petition a court of competent jurisdiction to order the seizure and impounding of the vicious dog, and in the event that a law enforcement agent has probable cause to believe that a vicious dog is running at large, then the agent may seize and impound the dog without seeking prior court order.

§ 77‑11. Penalties for offenses.

Whoever violates any provision of § 77‑9 above shall be guilty of an offense and shall be fined up to a maximum of $1,000 or imprisoned for a term not exceeding 30 days, and any person so found guilty shall also pay any and all expenses, including shelter, food, veterinarian expenses for identification or certification or boarding and veterinarian expenses associated by the seizure of the vicious dog for the protection of the public and any other expenses as may be required for the destruction of any such dog. Any vicious dog which has bitten or attacked a human being shall be destroyed if such vicious dog represents a continuing threat of serious harm to human beings. It shall also

7708

§ 77‑11                              ANIMALS                             § 77‑14

be an offense subject to the penalties described above for any person to own or harbor or train any dog for purposes of dog fighting or encouraging said dog to unprovoked attacks upon human beings.

  § 77‑12. Determination of viciousness.

A determination of viciousness shall be made substantially in accordance with the procedures of the State Agriculture and Markets Law.

ARTICLE III

Dog Sanitation

[Adopted 10‑10‑2000 by L.L. No. 5‑20001

 § 77‑13. Removal of feces required.

A.  Any person who owns a dog or has a dog in his or her care, custody or control (hereinafter "owner") shall immediately remove any feces left by the dog on any public property (including, but not limited to, public parks, green areas, streets and sidewalks) or left by the dog on any private property without authorization (excluding property owned by the owner). Such feces shall be removed and disposed of by a sanitary method.

B.  An owner shall not permit feces left by a dog to accumulate unreasonably on any property in such a way as to create a nuisance or cause annoyance to any resident of the town or to adversely affect the health or general welfare of the public.

 § 77‑14. Enforcement.

This article shall be enforced by the Police Department, the Dog Control Officer and any other officer authorized by resolution of the Town Board. All such enforcement officers are

7709                              12‑10‑2000

§ 77‑14              BLOOMING GROVE CODE             § 77‑15
ANIMALS

 authorized to issue appearance tickets. This article shall be enforced in the same manner as provided in § 77‑5.

§ 77‑15. Penalties for offenses.

Notwithstanding any other provisions of law, a violation of this article shall be punishable by a fine of not more than $25 for the first violation, not more than $50 for the second violation, not more than $100 for the third violation and not more than $250 for the fourth and each subsequent violation.

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