Town of Montgomery amends dog control law

By Connor Linskey
Posted 4/7/21

At last Wednesday’s Montgomery Town Board meeting the board unanimously adopted Local Law No. 2 of 2021, which amends Local Law No. 1 of 2002 entitled “Dog Control.” The law was …

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Town of Montgomery amends dog control law

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At last Wednesday’s Montgomery Town Board meeting the board unanimously adopted Local Law No. 2 of 2021, which amends Local Law No. 1 of 2002 entitled “Dog Control.” The law was developed following a public ask, which the town board responded to.

“By this enactment, the town board of the Town of Montgomery intends to promote the health, safety, morale and welfare of the people of the people of the town by including a provision that requires all dogs within the town to be leashed and under the control of its handlers and/or owners while on public property or on the property of others with permission of the property owner,” the law states.

The law makes it illegal for any owner or any person harboring any dog to allow the animal to leave the owner’s property, unless the dog is on a leash not more than six feet in length and under the direct supervision of the owner of the dog or any person given permission by the owner of the dog. The requirement to leash a dog does not apply to service dogs, military dogs, hunting dogs actively engaged in the act of hunting as well as working dogs. Examples of working dogs include dogs trained and used for farming and agricultural purposes such as herding and shepherding livestock.

Moving forward dog owners are also not permitted to allow dogs to howl, bark or conduct themselves in any manner that would annoy any person other than the owner. Continuous or intermittent howling or barking for more than one-half hour shall be a violation of this local law.

The law also prohibits dog owner’s from allowing dogs to cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring the dog. Dog owners also cannot allow dogs to chase, bark or otherwise harass any person in such a manner as to cause intimidation.

In addition, dog owners cannot enable their dog to leave their property to chase or bark at motorized vehicles, bicycles, joggers or walkers. Dogs must be licensed and cared for in accordance with provisions of the New York State Agriculture and Markets Law.

Lastly, the law prohibits dog owners from allowing dogs to defecate or urinate in a way that would cause annoyance to residents. Dog owners also cannot allow their dogs to tip over trash cans or destroy other devices used to contain garbage.

Mark Tierney, a realtor who serves the Town of Montgomery, noted during the public hearing on the local law that he was pleased with how it turned out.

“I thank you board for taking this action,” he said. “It looks to me like it’s government in action. You stepped up and you took care of this.”