Chapter 40
DOGS
[HISTORY: Adopted by the Town Board of the Town of Kinderhook 12-30-1974 as L.L. No. 1-1974. Amendments noted where applicable.]
GENERAL REFERENCES
Park and recreation areas -- See Ch. 59.
~ 40-1. General regulations.
It shall be unlawful for any owner or any person harboring any dog in the Town of Kinderhook, New York, to permit or allow such dog to:
A. Engage in habitual howling or barking or conduct itself in such manner as to habitually annoy any person other than the owner or person harboring such dog.
B. Run at large unless such dog is restrained by an adequate collar and leash and accompanied by its owner or a responsible person able to control the animal. If the accompanying owner is a person incapable of controlling this animal for any reason, the owner shall be accompanied by a person capable of exercising such control. For purposes of this chapter, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by its owner.
C. Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog.
D. Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
E. Attack, chase or worry any domestic animals while they are in a place where they may lawfully be.
F. Habitually chase or bark at motor vehicles.
~ 40-1.1. License fees. [Added 9-10-1979 by Ord. No. 2-79; Amended 1-18-07 by L.L. No.1-2007]
The following license fees, effective for purchase of 2007 licenses, shall be collected for the issuance of dog licenses:
A. Seven dollars ($7.00) for each spayed or neutered dog [two dollars and fifty cents ($2.50) NYS statutory fee plus four dollars and fifty cents ($4.50) town fee].
B. Fifteen dollars ($15.00) for each unspayed or unneutered dog [ten dollars and fifty cents ($10.50) NYS statutory fee plus four dollars and fifty cents ($4.50) town fee].
C. Any person who seeks to license a dog who is over 65 years of age will not have to pay the Town fee.
~ 40-2. Female dogs.
It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to the premises of such person during such period.
~ 40-3. Enforcement. [Amended 5-9-1977 by L.L. No. 3-1977; 3-11-1996 by L.L. No. 2-1996]
A Dog Control Officer or Officers designated by the Town Board or Peace Officer, as provided by ~ 119 of the Agriculture and Markets Law, shall enforce the provisions of this chapter and shall investigate and report to a Town Justice of the Town of Kinderhook any dangerous dog as described in ~ 121 of the Agriculture and Markets Law and shall assure that the order or orders of the Town Justice are carried out.
~ 40-4. Filing of complaints.
Any person who observes a dog causing damage or destruction to property of a person other than its owner or committing a nuisance upon the premises of a person other than its owner may file a signed complaint, under oath, with the Town Justice of the Town of Kinderhook, specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.
~ 40-5. Summons; warrant for arrest.
Upon receipt by the Town Justice of any complaint against the conduct of any particular dog, the Town Justice may summon the alleged owner or other person harboring said dog to appear in person before him. If the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person.
~ 40-6. Penalties for offenses. [Amended 6-30-1989 by L.L. No. 4-1989; 3-11-1996 by L.L. No. 2-1996; 2-13-01 by L.L. No. 3-2001]
Any person who violates this chapter or knowingly permits the violation of this chapter or any provision thereof shall be deemed to have committed a violation against this chapter, and any person convicted of any such violation, after investigation and trial, shall be deemed liable to a penalty of not more than one hundred dollars ($100.00) for the first conviction, two hundred dollars ($200.00) for the second conviction and three hundred dollars ($300.00) for the third conviction. On the fourth or any subsequent offense and conviction, the penalty shall be no more than two hundred dollars ($200.00), in addition, the Town Justice may banish the offending animal, impounding it at the animal shelter, where it may be disposed of under the provisions of the Agriculture and Markets Law.
~ 40-7. Seizure of dogs; impoundment fees. [Amended 1-9-2001 by L.L. No. 1-2001; 5-19-2006 by L.L. No. 3-2006]
Any dog which is seized by the Dog Control Officer pursuant to this Chapter or Article 7 of the Agriculture and Markets Law shall be sheltered, fed and watered and may be redeemed by its owner as provided in Section 118 of said law upon payment of an impoundment fee of $305 for the First 24 hours or impoundment or portion thereof and $150 per day for each additional 24 hour period of impoundment. Dogs not redeemed as provided in said Section 118 shall be dealt with as set forth therein.
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