41 Main Street Municipal Building Argyle, New York 12809
DOG LICENSING LAW CHANGES ANNOUNCED
Town of Argyle Dog Control Law Local Law No. 2 of the Year 2008 – Adopted August 13, 2008 by Argyle Town Board BE IT ENACTED, by the Town Board of the Town of Argyle as follows: This law is adopted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York.
SECTION 1. PURPOSE The purpose of the law is to promote the public health, safety, and welfare of the community, including the protection and preservation of the property within the Town of Argyle and its inhabitants, and for the peace and good order therein by regulating and controlling activities of dogs within the Town of Argyle and providing for enforcement thereof.
SECTION 2. PROHIBITED ACTS. Any owner of a dog or any other person who harbors any dog in the Town of Argyle shall be in violation of this law if such dog:
A. Is not restrained by an adequate collar and leash or under full control of a responsible person whenever (1) not on the property of the owner, (2) not on properties on which the owner or responsible person has given consent for the dog to be unrestrained or (3) whenever the dog is on public property unless it has been established by action of the governing body that dogs may be unrestrained for certain purposes.
B. Creates a noise disturbance. A noise disturbance from a dog shall be defined as that created by a dog making noise continually for ten (10) minutes or intermittently for thirty (30) minutes without legitimate purpose.
C. Causes damage or destruction to property, or repeatedly defecates, urinates or otherwise commits a nuisance other than on the premises of the person owning or harboring such dog or on properties for which the owner or responsible person has given consent for the dog to be unrestrained.
D. When not on the property of the owner, chases or otherwise harasses any person in such a manner as reasonable to cause intimidation or put such person in reasonable apprehension of bodily harm or injury.
E. When not on the property of the owner, chases, barks at, leaps on or otherwise harasses any vehicle or device used by persons for travel or as a conveyance, or any cat, dog, or domestic animal.
F. When not wearing a valid and current New York State dog license and rabies tag while off the owner’s property, whether or not restrained by an adequate leash.
G. Is unlicensed when four months of age or older or when a dog license has not been renewed pursuant to the Agriculture and Markets Law, Article 7.
SECTION 4. EXEMPTIONS (1) Properly licensed dogs, while actively being used for legal hunting activities, herding livestock, engaging in sanctioned competitions or demonstrations, or performing guide or assistance/service duties shall be considered to be restrained and under control. (2) No portion of this law shall apply to any police dog, detection dog or search dog, when working, under the auspices and control of any police agency or other governmental agency.
SECTION 3. ENFORCEMENT. Any person or persons, who are or may be lawfully authorized by the Town shall, and all peace or police officers may, administer and enforce the provisions of this Law, and for such purpose shall have the authority to issue appearance tickets in accordance with Section 124 of the Agriculture and Markets Law.
SECTION 4. FILING OF COMPLAINTS. Any person who observes a dog in violation of any acts prohibited by this Law may file a signed complaint, under oath, with a Town Justice of the Town of Argyle specifying the objectionable conduct of the dog, the date thereof, the damage caused or the acts constituting violation of this Law and including the place or places where such conduct occurred and the name and residence, if known, of the owner or other person harboring such dog.
SECTION 5. MINOR OWNER: RESPONSIBILITY OF HEAD OF HOUSEHOLD If any dog in violation of this Law is owned by a person under 18 years of age, the head of household in which said person resides shall be deemed to be the owner or person harboring such dog and shall be responsible for the acts of said dog for the purpose of this Law.
SECTION 6. PRESUMPTION. The fact that a dog is not restrained or controlled in the Town of Argyle elsewhere than on the premises of the owner or person harboring such dog shall be presumptive evidence that the dog has been permitted to be unrestrained or uncontrolled with the knowledge of the responsible owner or person harboring the dog.
SECTION 7. ADMINISTRATION. No person shall hinder, resist, or oppose the animal control officer, peace officer, police officer or other person authorized to administer or enforce the provision of this Law of the Town of Argyle in the performance of the officer’s duties under this Law.
SECTION 8. PENALTIES. A violation of this Law shall constitute a violation as defined in the Penal Law of the State of New York, and shall be punishable by a penalty of not more than $25.00 for the first violation, not more than $50.00 for the second violation, and not more than $250.00 for the third and all subsequent violations, or by imprisonment for a term not to exceed five days, for each violation. These penalties shall be in addition to any other penalty provided by law.
SECTION 9. VALIDITY. If any particular section, paragraph, subdivision, clause, phrase, or provision of this Law shall be judged invalid or held unconstitutional, it shall not affect the validity of this Law as a whole or any part of provision thereof other than the part so decided to be invalid or unconstitutional.
SECTION 10. EFFECTIVE. This law shall become effective upon filing with the Secretary of State.
LICENSING
All dogs residing in New York State MUSTbe licensed. Licenses are issued at the Town Clerk's Office and are renewed annually. On October 1, 1992, Washington County was declared a rabies county. Therefore, all dogs, cats and ferrets must be vaccinated against the rabies disease. The Town Clerk cannot issue a dog license without proof of rabies vaccination.
PROCEDURE
When your dog reaches the age of three months old, or if it has been found to be running-at-large, it is time to license your dog. Running at large means "a dog off the premises of the owner and in a public place or on private lands without knowlege, consent and approval of the owner of such lands." Bring a current rabies vaccination certificate and proof of spaying or neutering of your dog to the Town Clerk's Office. If you are renewing your license, please bring in the (3) part renewal form sent to you by the NYS Agriculture and Markets, Animal Industry Division. Check to be sure your rabies information is current on the renewal form. If it is not, the clerk will require a new rabies certificate.
When licensing your dog for the first time, you will be given an identification tag for your dog to wear. The number on the tag will coincide with the license number on the paper license the clerk issues. Section 119 of the NYS Agriculture and Markets Law requires that your dog wear this tag for identification purposes. Failure to do so may result in issuance of a ticket, seizure of your dog and/or fines.
LOST TAGS If your tag becomes lost, you may order a new tag from the Town Clerk. The fee is $ 3.00 and you should receive the new tag within 6 to 8 weeks in the mail.
EXOTIC PET OWNERS NYS Law requires the owners of exotic pets to register them with the municipal clerk in the Town or Village in which they reside. There is no fee. This registration is required to provide for the safety of fire, emergency services and police personnel should an emergency occur a your residence.
IMPOUNDMENT FEES If your dog is picked up the impoundment fees are as follows: 1st offense : $ 30.00 pickup fee plus $ 15.00 per each additional 24 hours or part thereof. 2nd offense: $ 40.00 pickup fee plus $ 15.00 per each additional 24 hours or part thereof. 3rd offense : $ 60.00 pickup fee plus $ 15.00 per each additional 24 hours or part thereof. Weekend and Town Holidays: An additional $ 5.00 will be added to the impoundment fee.
Should your dog need emergency medical attention, the Dog Control Officer will care for your animal and charge you any additional veterinary fees over the pickup costs and boarding fees.
MISSING PET OR ADOPTING A PET You may call the shelter to see if your dog or cat has been brought to the shelter or if you are interested in adopting a new pet.
STRAY DOGS, CATS, FERRETS NYS Law now defines the "owner" of a dog, cat or ferret as any person keeping, harboring or having charge or control of, or fed within such person's house, yard or premises. Should you encounter a stray animal, contact the Animal Control Officer at (518) 692-2840 to come and pickup the stray animal or you will be held responsible for the animal.
DOG BITES If you are bitten by a dog or if your dog bites any person, you are required to report the incident to the Washington County Public Health Nurse (518) 746-2400. The biting dog must be quarantined for observation for ten (10) days a the owner's expense at an appropriate facility such as a local veterinary hospital or animal shelter. The Public Nurse from Washington County Public Health Department will also contact the bite victim to be sure the proper medical treatment has been administered.
DANGEROUS DOGS Effective September 1, 1998, the Law defines "dangerous dog" as meaning: "any dog which: (a) without justification attacks a person and causes physical injury or death; or (b) poses a serious and unjustified imminent threat of harm to one or more persons. Should you encounter such a dog, you must contact the Washington County Public Health Nurse (518) 746-2400. The law provides that any person may make a complaint to the Animal Control Officer of a dog attack upon a person or of a dog attacking, chasing or worrying a domestic animal. Upon receiving such a complaint, the Law requires that the ACO immediately inform the complainant of his or her right to commence a dangerous dog proceeding and, if there is a reason to believe the dog is a dangerous dog, the ACO is required to commence such a proceeding himself or herself. These proceedings are heard in Town Justice Court.
RABIES If you encounter a possible rabid animal, contact the Washington County Public Health Nurse at (518) 746-2400 to obtain instructions on handling the animal. For nuisance wildlife assistance, you may contact the Animal Control Officer at (518) 692-2840. He will remove the animal at your expense and are licensed to handle nuisance wildlife.
ATTENTION CAT AND FERRET OWNERS NYS Law requires that all cats and domesticated ferrets be vaccinated against the rabies disease. If your cat or ferret is missing, please contact the Animal Control Officer at (518) 692-2840. If you think your cat may have been injured by a car, you may also contact the Animal Control Officer or Police to see if a report of an injured cat has been logged. Failure to keep your animals' rabies vaccinations up to date may result in a fine not to exceed $ 200.00 for each offense.
