[HISTORY: Adopted by the Town Board of the
Town of Wheatland as Ch. 24 of the 1980 Code; amended in its entirety 12-2-2010 by L.L. No.
2-2010.[1] Subsequent amendments noted where applicable.]
[1]
Editor’s Note: This local law also provided for an effective
date of 1-1-2011.
It appearing that dogs in the Town of Wheatland have, in some
instances, been allowed to cause annoyance and damage to the person
and properties of others, and it appearing further that dogs properly
cared for serve a useful purpose, the Town Board of the Town of Wheatland
enacts the following article to preserve the relationship between
a dog and his master and, at the same time, to protect the health,
safety and property of others from annoyance and damage caused by
dogs.
[Amended 2-4-2016 by L.L. No. 1-2016]
All words, terms or phrases used herein shall have the meanings
indicated below or as defined in the New York Agriculture and Markets
Law. If no specific definition is set forth, all words shall have
their usual and customary meaning in the English language. The word
"shall" is intended to be mandatory.
A written notice issued and subscribed by the Dog Control
Officer that directs a designated person to appear in a designated
local court at a stated future time.
An unleashed dog off the premises of the dog's owner.
In addition to the definitions set forth in Section 108,
Subdivision 24, of the New York Agriculture and Markets Law, a dog
shall be considered a dangerous dog and subject to the provisions
of Section 123, Subdivision 3 et seq. of the New York Agriculture
and Markets Law, if such dog, without justification, attacks a person,
dog, car, farm animal and/or companion animal (as defined under New
York State law) and causes physical injury or death to the same.
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
A person or persons appointed by the Town for the purpose
of enforcement of this chapter and/or Article 7 of the New York Agriculture
and Markets Law.
Male and female, licensed and unlicensed, members of the
species canis familiaris.
Any dog that is trained to aid a person who is blind and
that is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred for such training.
Any dog that is trained to aid a person with a hearing impairment
and that is actually used for such purpose, or any dog owned by a
recognized training center located within the State of New York during
the period such dog is being trained or bred for such training.
A dog that is equipped with a collar to which is attached
a leash not more that eight feet long, both collar and leash to be
of sufficient strength to restrain the dog, which leash shall be held
by a person having the ability to control and restrain the dog.
Includes any person who owns, keeps, harbors or has the care,
custody or control of a dog. Dogs owned by minors shall be deemed
to be in the care, custody and control of the minor's parents
or property owner where the minor resides.
Any dog owned or harbored by any municipal police department
and/or any state or federal law enforcement agency which has been
trained to aid law enforcement officers.
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and that is actually used for such purpose, or any
dog owned by a recognized training center located within the State
of New York during the period such dog is being trained or bred for
such purpose.
Any dog which has been honorably discharged from the United
States Armed Services.
Any dog that is trained to aid in the search for missing
persons and that is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
It shall be unlawful for any owner of or any person harboring
any dog to permit or allow such dog while in the Town of Wheatland
to:
A.Â
Run at large unless said dog is restrained by an adequate collar
and leash or unless accompanied by its owner or a responsible person
able to control the animal. For the purposes of this article, a dog
or dogs hunting in company with a hunter or hunters shall be considered
as accompanied by their owner, if the dog is under the control of
the hunter or hunting party.
B.Â
Engage in habitual loud howling or barking or conduct itself in such
a manner so to habitually annoy any person. For purpose of this section,
a noise disturbance from a barking dog shall be defined as that created
by a dog barking continually for five minutes or intermittently for
10 minutes, unless provoked.
C.Â
Cause damage or destruction to property or commit a nuisance upon
the premises of a person.
D.Â
Chase or otherwise harass any person in such manner as reasonably
to cause intimidation or to put such person in a reasonable apprehension
of bodily harm or injury.
E.Â
Habitually chase or bark at motor vehicles or bicycles.
F.Â
Kill or injure any other dog, cat or other domestic or farm animal.
Restraints on dogs within a densely populated residential areas
shall be as follows:
A.Â
The Dog Control Officer or the Town Board shall designate and publish
those residential areas of concentrated population where more restrictive
dog control measures are required. Such areas shall be published in
a newspaper circulated within the Town and shall be posted on the
Town bulletin board. Regulations shall be effective 10 days after
publication.
B.Â
Any dog within these areas shall be kept confined or on a leash no
longer than eight feet except when on the owner's property or on the
private property of another person or persons with the knowledge and
consent of such person or persons:
C.Â
The owner of any dog which is within the limits of the Hamlet of
Mumford, the Rolling Acres Subdivision and the Clearview Farms project
shall not permit his dog to bark, chew, cry, be vicious or playful
or defecate in such a way as to cause annoyance to the residents of
any such residential area or damage to their property; nor shall the
owner of a dog allow his dog to tip over trash cans or other devices
used to contain refuse. No owner shall permit the premises or enclosures
in which the dog is kept to be unsanitary or unclean.
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.
A.Â
This article shall be enforced by the Dog Control Officer or by any
other law enforcement officer.
B.Â
The Dog Control Officer or peace officer observing a violation of
this article in his presence may issue and serve an appearance ticket
for such violation.
C.Â
The Dog Control Officer is hereby authorized to enforce those provisions
of § 123 of the Agriculture and Markets Law of the State
of New York relating to and defining dangerous dogs.
D.Â
It shall be unlawful for any individual to hinder or obstruct the
Animal Control Officer or law enforcement officers in the enforcement
of this article.
[Added 2-4-2016 by L.L. No. 1-2016]
E.Â
No person shall refuse to deliver up to the Animal Control Officer
or law enforcement officers the person's dog or dogs when requested
to do so under the provisions of this article.
[Added 2-4-2016 by L.L. No. 1-2016]
Any dog which violates § 43-3, § 43-4 or § 43-5 and which does not have a license shall be impounded and taken to such place as may be designated by the Town Board as a place of detention and shall there be properly fed and cared for at the expense of the Town until disposition thereof shall have been made in accordance with the provisions of this article.
A.Â
Identified dogs. In the event that the dog seized bears a license
tag, the person seizing the dog shall, within three days thereafter,
ascertain the name of the owner and give the owner immediate notice
by serving upon the owner an instrument, in writing, stating that
the dog has been seized, indicating when, where and why the dog was
seized, and stating that the dog will be sold or adopted unless redeemed
or a trial is demanded within seven days of the impounding of the
dog.
B.Â
Not-identified dogs. Each dog which is not identified or not licensed,
shall be held for a period of five days from the day seized during
which period the dog may be redeemed by its owner, provided that the
owner produces proof that the dog has been licensed and has been identified
pursuant to the provisions of Article 7 of the Agricultural and Markets
Law and further provided that the owner pays the impoundment fees
set by local law.
C.Â
Redemption fees. If the dog is to be redeemed, the owner shall pay
the Town Clerk a fee set by local law, plus the charge for the care
of the dog while impounded. In the event of a repeat violation, the
fee shall be set by local law for each additional redemption, together
with the charge for the care of the dog while impounded. A "repeat
violation" is defined as any subsequent violation which occurs within
a one-year period of the initial offense. In the event of repeat violations,
the Dog Control Officer shall notify the Town Clerk of the same.
D.Â
Trial procedure. In the event that the owner of the dog desires a
trial, he shall post bail of $100 to pay for the care of the dog while
impounded and demand, in writing, a trial. The Dog Control Officer
or other law enforcement officer shall immediately proceed to file
an information with a Town Justice so that the matter will appear
on the docket of the Town Justice Court as soon as possible. The rules
of procedure and as to proof applicable in criminal actions shall
apply.
E.Â
Forfeiture of title to dog. If an impounded dog is not redeemed or
a trial demanded within the time hereinbefore set forth, the owner
shall forfeit title to the dog, and it may thereafter be adopted out
or euthanized by the appropriate official as hereinafter provided.
F.Â
Adoption of dog. The Dog Control Officer is hereby authorized to
offer for adoption any dog impounded at such price as he shall determine
to be fair and shall deposit such sum in the general fund of the Town.
The Town shall keep a record of all adoptions, and such records shall
be open to the public. Such records shall be kept for one year.
G.Â
Destruction of dogs. In the event that it becomes necessary to destroy
a dog, the Dog Control Officer or other law enforcement officer shall
arrange through a veterinarian for the euthanization of the dog, cause
the carcass to be disposed of and make a report, in writing, of such
destruction to the Town Clerk. The Town Clerk shall keep a record
of the destruction for one year.
H.Â
Dangerous dogs. Dangerous dogs shall be handled in accordance with
Agriculture and Markets Law § 123.
I.Â
In the event of the owner's failure to redeem the dog within the
time allowed, all costs in connection with the feeding, caring, housing
and destruction of said dog shall be a charge against the owner, and
required to be paid within 30 days of notification from the Town.
J.Â
Any dog in violation of this article may be seized at any time by
the Animal Control Officer or any law enforcement officer.
[Added 2-4-2016 by L.L. No. 1-2016]
K.Â
If any dog is found running at large or ordered seized by a Town
Justice and cannot be safely seized, the Animal Control Officer or
law enforcement officer is authorized to use such force as may be
necessary to capture said dog.
[Added 2-4-2016 by L.L. No. 1-2016]
[Amended 2-4-2016 by L.L. No. 1-2016]
Any person who violates or knowingly permits a violation of
this article shall be guilty of an offense and shall be subject to
a fine of not less than $50 for the first violation; except that where
the person was found to have violated this article within the preceding
five years, the fine may be not less than $100, and where the person
was found to have committed two or more such violations within the
preceding five years, it shall be punishable by a fine of not less
than $200 or imprisonment for not more than 15 days, or both. Each
separate offense shall constitute a separate additional violation.
In addition, a dog found to be dangerous may be ordered destroyed
at the discretion of the court.
The owner, possessor or harborer of any dog destroyed under
the provisions of this article shall not be entitled to any compensation,
and no action shall be maintainable thereafter to recover the value
of the dog.
All complaints made under any provision of this article by a
party or parties other than the Dog Control Officer must be in writing,
signed and sworn to before a Town Justice. Such complaints shall be
promptly heard and determined by the Town Justice after return notice
of such complaint is given to the owner of such dog in compliance
with the Justice Court Act of the State of New York.
A.Â
No person or persons living in the same household, living unit, apartment,
trailer or dwelling shall keep or suffer to be kept more than three
dogs, six months old or older, at any one time on said premises.
B.Â
Any person or persons desiring to keep more than three dogs must
apply to the Town Planning Board.
The annual fee for each dog license issued pursuant to the Code
of the Town of Wheatland shall be as follows:
[Amended 2-4-2016 by L.L. No. 1-2016]
A.Â
The owner of each dog required to be licensed shall complete a dog
license application with the Town Clerk of the Town of Wheatland,
together with the applicable fees.
B.Â
The dog license application shall state the name, sex, actual or
approximate age, breed, color and other identification marks of the
dog; the name, address and telephone number of the owner, together
with any additional information deemed appropriate by the Town Clerk.
C.Â
The dog license application shall be accompanied by proof that the
dog has been vaccinated against rabies or a statement from a licensed
veterinarian that such vaccination would endanger the dog's life,
in which case vaccination shall not be required.
D.Â
In the case of a spayed or neutered dog, the application shall be
accompanied by a certificate signed by a licensed veterinarian or
an affidavit signed by the owner, showing that the dog has been spayed
or neutered; provided, however, that such certificate or affidavit
shall not be required if the same is already on file with the Town.
In lieu of the foregoing certificate or affidavit, the application
may be accompanied by a statement by a licensed veterinarian that,
by reason of old age or other reason, the life.of the dog would be
endangered by spaying or neutering, in which case the license fee
for such dog shall be the same as for a spayed or neutered dog.
E.Â
The Town of Wheatland will not issue purebred licenses.
F.Â
Exempted from payment of the license fees are applications for a
dog license for any guide, hearing, service, war, working search,
detection, police or therapy dog. Proof of training must be shown.
G.Â
Replacement tags shall be obtained by the owner at his or her expense
at a fee in such amount as the Town Board may, from time to time,
establish by resolution.
H.Â
All fees collected will be used in funding the administration of
the Dog Control Code of the Town of Wheatland.
[Added 2-4-2016 by L.L. No. 1-2016]
A.Â
Upon validation
by the Town Clerk, the application for a dog license shall become
a license for the dog described therein. Once an application is validated,
no refund .shall be made. Each license shall be valid for a period
of one year; shall expire on the last day of the last month of its
term; and shall be nontransferable.
B.Â
Upon the
first issuance of a dog license, the Town Clerk shall issue an identification
number and provide the owner with a tag for such dog. One identification
tag shall be furnished to the owner of record at no charge.
C.Â
The identification
tag shall be affixed to a collar, on the dog at all times, provided
that a dog participating in a dog show is exempt from such requirement,
during such participation.
D.Â
The identification
tag shall be imprinted with the words "State of New York," "Town of
Wheatland," a unique identification number, and the telephone number
of the Town Clerk's office.
[Added 2-4-2016 by L.L. No. 1-2016]
A.Â
The Animal
Control Officer or any law enforcement officer is hereby authorized
to seize any dog which is reported to have attacked or injured any
human being. Any such dog shall be confined for 10 days for the purpose
of .determining whether such dog is infected by rabies and, if so
affected, may be euthanized.
B.Â
The owner
of such a dog shall, upon demand, deliver the dog to any officer authorized
to seize the same and shall, upon demand, pay the Town the cost of
confinement and treatment of the dog.
[Added 2-4-2016 by L.L. No. 1-2016]
Application for a dog park must be reviewed by the Town and
County Planning Boards and referred to the Town Board for approval.
[Added 11-21-2019 by L.L. No. 4-2019]
The keeping of animals in the Town of Wheatland, in some instances,
has caused annoyance and damage to the person and/or properties of
others. On the other hand, the keeping of properly cared for animals
serves a useful purpose. Therefore, the Town Board of the Town of
Wheatland enacts the following article to protect the health, safety
and property of all parties.
As used in this article, the following terms shall have the
meanings indicated:
The raising or keeping of one or more cows, cattle, horses,
mules, hogs, sheep, goats, donkeys, oxen, or other similar animals,
or the raising or keeping of more than four animals or combination
of ducks, chickens, rabbits, geese, quail, chinchillas, mink, or any
similar small animals, excluding dogs and cats and household animals.
Such uses include the pasturing, feeding, and sheltering of such animals.
Animal husbandry, as defined herein, on a farm and incidental
to a farm use or as a stand-alone commercial enterprise located within
a state-certified Agriculture District.
Animal husbandry, as defined herein, for personal use of
the property owner, not for any commercial enterprise, and as an accessory
to the principal use.
A written notice issued and subscribed by a Code Enforcement
Officer of the Town of Wheatland that directs a designated person
to appear in a designated local court at a stated future time.
This term includes but is not limited to coops, pens, pools and is meant to include a structure which houses an animal, and said structure is not the main structure on the parcel. The definition set forth in § 130-23 shall apply to this definition.
Farm animals shall include, but shall not be limited to,
free-range chickens (hens and roosters), goats, cattle, horses, donkeys,
mules, ponies, fowl, water fowl, peacocks, turkeys, swine, sheep,
lamas, alpacas, ostriches, and emus.
A domesticated animal that is typically found in residential
dwellings and is not typically disruptive to the residential character
of an area: domesticated rabbits; hamsters; ferrets; gerbils; guinea
pigs; pet mice and pet rats; turtles; fish; dogs; cats; birds such
as canaries, parakeets, doves and parrots; worm/ant farms; nonpoisonous
spiders; chameleons and similar lizards; and nonpoisonous snakes.
Any person who harbors or keeps any animal.
The following animals shall be allowed only on a parcel or contiguous
parcels of land in common ownership or lease, which in the aggregate
contain(s) two or more acres, and is occupied by one and only one
single-family detached dwelling or as part of commercial animal husbandry:
A.Â
No person shall own, harbor, keep or maintain farm animals within
the following districts:
B.Â
Commercial animal husbandry is permitted in F-1 and AR-2 Districts
on any parcel located within a County Agricultural District or within
a zoning district within a state-certified Agriculture District. All
shelters provided for livestock, fowl or furbearing animals shall
be at least 100 feet from any property line, on an appropriately sized
lot, except that an existing shelter may remain and be added to, provided
that the addition shall not encroach on a required yard.
A.Â
The storage of manure, odor- or dust-producing substances shall not
be permitted within 50 feet of any side or rear lot line or within
100 feet of any front lot line.
B.Â
All shelters
provided for livestock, fowl or furbearing animals shall be at least
50 feet from any property line, on an appropriately sized lot.
C.Â
Any existing
shelter that is located less than 50 feet from the lot line is allowed
to remain in its current position. All new structures and all additions
to the non-conforming structure shall adhere to the fifty-foot side
setback requirement.
D.Â
Storage
of manure and construction of livestock shelters shall not impact
any private water supplies and shall be a minimum of 100 feet from
any private well.
E.Â
The storage and disposal of animal wastes and carcasses shall be
provided for in such a manner as to prevent any nuisance or sanitary
problems.
A.Â
All associated accessory structures shall meet the setback requirements
for the zoning district.
B.Â
A building permit is required for the construction of associated
accessory structures.
C.Â
All shelters shall be appropriate for the animal, predator resistant
and subject to the Property Maintenance Code of New York State.
D.Â
Processing of animals for consumption within public view is prohibited.
Domesticated chickens shall be allowed in the Town of Wheatland
subject to the requirements of this section. The minimum parcel size
to allow domesticated chickens shall be 1/2 acre and shall be limited
to single-family dwellings only. Property improved by townhouses,
mobile home parks, two-family or multifamily residences shall not
be permitted to harbor chickens. The following conditions shall apply:
A.Â
Roosters are not permitted under this section.
B.Â
Hens must be kept in an enclosure or fenced-in area at all times.
During daylight hours, hens may be allowed outside of their coop in
a securely fenced area. Hens shall be secured within the coop during
nighttime hours. No person shall allow his or her hens to run at large.
C.Â
It shall be prohibited to raise domesticated chickens within RA,
VB, SCB, HC, LI, PC-NR or RP districts.
D.Â
Processing of domesticated chickens for personal consumption within
public view is prohibited.
E.Â
Domesticated chicken coops shall meet the setback requirements for
the zoning district. All coop plan elevations must be submitted as
part of the building permit application.
F.Â
All shelters and conditions shall be appropriate for chickens, predator
resistant and subject to the Property Maintenance Code of NYS.
G.Â
It shall be unlawful for any person to keep more than six hens.
H.Â
Provisions shall be made to minimize and control rodents.
Failure to comply with these provisions shall be a violation,
which shall be punishable by a fine of not more than $200. Each day
that a violation continues shall be deemed a separate offense. The
Code Enforcement Officer and his or her designees are authorized to
issue appearance tickets for any violation of this article.
Any person aggrieved by the provisions of this chapter may seek a variance from the Town of Wheatland Zoning Board of Appeals pursuant to § 267-b of Town Law and/or § 130-66 of the Code of the Town of Wheatland.
