DOG CONTROL

Municipalities have arrangements with a holding facility as well as a dog control officer. State law requires that a stray dog, taken to the town's holding facility (kennel), be released only to the owner, and to no other person, during the five day period designated by law. After the five-day holding period the kennel may offer the dog for adoption to another person. Adoptions have to be conducted according to State Law and the dog must be spayed, neutered and licensed. The dog control officer in NY State cannot return an unlicensed dog to anybody, including the owner.

Most municipalities have laws about barking dogs. Excessive barking and/or barking at unreasonable hours are covered under both the municipality's dog control law and the noise ordinance. A dog that is barking and disturbing the peace of the neighborhood is the responsibility of the owner.

Most municipalities have a law that restricts dogs to the owner's own property unless the dog is under the owner's direct control. Owners walking dogs on leads must clean up after their dogs. Tickets can be written by the dog control officer. Tickets written for dog control violations are handled by the court in a manner that is similar to a traffic ticket. The dog owner must appear in court. If the owner does not appear, the proceeding can take place in his absence. Fines may be levied and, in some instances, the dog owner may be found in contempt of court, which may result in additional fines and penalties. Subsequent violations may result in escalating fines.

Both New York State and local law have restrictions on dangerous dogs. A dog that bites someone may be declared dangerous but a dog that threatens or intimidates a person to the degree that a reasonable person feels that he is at risk of being bitten can also be declared dangerous. Tickets can be issued for local municipal violations. A court appearance will be necessary and fines may result. New York State has a dangerous dog hearing procedure that can result in a court appearance. If a dog is found to meet the criteria for a dangerous dog in New York State the court may impose restrictions on how a dog is maintained as well as other serious penalties. Harboring a dangerous dog can result in lawsuits that can be very costly. It is important to maintain all dogs in a safe and secure manner to both protect the public and the dog. Dogs should never be allowed to run at large. What a dog is doing or what is happening to a dog when you are not there leaves too much risk for all concerned.

Most dog bites to strangers occur as a person is entering the property either into the home or onto the property. If your dog barks at people, rushes at people, or threatens in any way, this behavior can lead to more aggressive actions as time goes on. Electric fences work fine for some dogs but are particularly dangerous when the dog, so confined, is exhibiting aggressive behavior. A stranger may be cautious when opening a fence gate but if there is no visible barrier he may find himself well into a dog's space before he meets an aggressive dog. Every year there are bites to people in just such a scenario. How a dog acts with the family, people he knows, and other animals he is familiar with, is not indicative of the way he will behave in the presence of strangers. Many people are shocked when their dog is accused of aggressive or dangerous behavior, especially if they are not there to see it.

Pets are members of our family. It is sometimes difficult to consider the fact that, beloved as they may be, our pets are still animals.

Dog owners are responsible for the actions and welfare of their own dog at all times. The dog owner is responsible for damage caused by his dog while it is running loose including such damage that may be sustained by a motor vehicle that may hit the dog while it is not under the control of its owner. The driver of the car is required to report the accident to authorities. He is not responsible for injury caused to the dog. An insurance agency will prosecute a dog owner for both property and personal injury caused by a dog running loose.

There are laws. One important law says that there must be a witness to a violation of the law before a ticket is issued and the subsequent court appearance. If a dog is barking and keeping you up all night, running at large, destroying your property or attempting to attack your family and you are a witness to it there is a legal procedure in place to address the problem.

With no witness to substantiate the complaint the court would promptly dismiss the claim. If you have a problem with your neighbor it may be a good idea to talk to your neighbor first. If no remedy can be found call your municipal animal control officer for information on other options. Give the officer your name and contact information and then tell the truth, without embellishment.