[Adopted 6-10-2003 by L.L. No. 5-2003]
[Amended 4-13-2021 by L.L. No. 7-2021]
Article
I of Chapter
49 of the Town of Farmington Code shall be known and may be cited as the "Dog Control Law of the Town of Farmington."
The purpose of this article shall be to preserve
the public peace and good order in the Town of Farmington and to contribute
to the public welfare, safety and good order of its people by enforcing
certain restrictions on the activities of dogs, consistent with the
rights and privileges of the owners of dogs and of the other citizens
of the Town of Farmington.
As used in this article, the following terms
shall have the meanings indicated:
AT LARGE
Any dog shall be deemed to be at large if not accompanied
by a person who is in full control of the dog, or who is providing
restraint of the dog by secure leash or lead, or who has confined
the dog to an enclosure, such as a cage or motor vehicle, in such
a manner that the dog may not roam freely upon public or private lands,
elsewhere than on the premises of the owner or on the premises of
another responsible person who has knowledge of the dog's presence
and who assents thereto.
DANGEROUS DOG
Any dog which i) without justification attacks a person,
companion animal as defined in Article 7 of the Agriculture and Markets
Law, Subdivision 5 of § 350, farm animal as defined in Subdivision
4 of § 350, or domestic animal as defined in Subdivision
7 and causes physical injury or death, or ii) behaves in a manner
which a reasonable person would believe poses a serious and unjustified
imminent threat of serious physical injury or death to one or more
persons, companion animals, farm animals or domestic animals or iii)
without justification attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
[Added 4-13-2021 by L.L.
No. 7-2021]
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the Town Board to assist in the
enforcement of this article or any authorized officer, agent or employee
of an incorporated humane society or similar incorporated dog protective
association under contract with the Town of Farmington to assist in
the enforcement of this article.
[Added 4-13-2021 by L.L.
No. 7-2021]
DOG SHOW
An event or exhibition in which a judge, familiar with a
specific dog breed, evaluates individual purebred dogs for how well
the dogs conform to the established breed type for their breed, as
described in a breed's individual breed standard.
[Added 4-13-2021 by L.L.
No. 7-2021]
OWNER
Any person who owns, keeps, harbors or has the care, custody
or control of a dog. Dogs owned by minors under eighteen years of
age shall be deemed to be in the custody and control of parents or
other heads of the households where the minors reside. Any person
harboring a dog for a period of one week prior to the filing of any
complaint charging a violation of this article shall be deemed to
be the owner of the dog for the purposes of this article.
[Added 4-13-2021 by L.L. No. 7-2021]
A. No dog shall engage in loud howling or barking or conduct itself
in such a manner as to annoy any reasonable person.
B. No dog shall cause damage to or destruction of property or commit
a nuisance.
C. No dog shall bite, chase, or otherwise harass any person or other
animal in such a manner as reasonably causes intimidation or puts
such person in reasonable apprehension of bodily harm or injury.
[Added 4-13-2021 by L.L. No. 7-2021]
Any person who observes a dog committing a prohibited act listed in §
49-5 above herein, or as defined in Article 7, § 123, of the New York State Agriculture and Markets Law, may file a signed complaint, made under oath, with the Town Code Enforcement Officer or an Assistant Town Code Enforcement Officer; or the Town Zoning Officer; or the Town Clerk or Deputy Town Clerk specifying the objectionable conduct of the dog, the date of such conduct, the nature of the event, any damage caused, a description of the dog, and the name and residence, if known, of the owner or person harboring said dog. The Town Official receiving the complaint shall immediately deliver the complaint to the Town of Farmington Town Justice Court in accordance with the provisions contained within §
49-7, below, of this chapter.
[Amended 4-13-2021 by L.L. No. 7-2021]
A. Enforcement officers. The provisions of this chapter may be enforced
by any person, the Town of Farmington, or organization for the prevention
of cruelty to animals appointed by law or pursuant to a contract in
effect with the Town of Farmington.
B. Appearance tickets and process. Any person who is a member of an
organization authorized to enforce the provisions of this chapter
may issue an appearance ticket for an alleged violation hereof, pursuant
to § 150.20 of the New York State Criminal Procedure Law.
In addition, an appearance ticket may also be issued for any alleged
violation of Article 7, § 118 of the Agriculture and Markets
Law of the State of New York. Said person is hereby authorized to
serve any process relating to any proceeding, whether civil or criminal
in nature, in accordance with the provisions of this chapter. In the
event an appearance ticket is unanswered, the Town of Farmington Town
Justice Court shall permit filing of an information from the appropriate
enforcement person and issue a warrant of arrest for the alleged violator.
C. Seizure. Any dog found to be at large by the Dog Control Officer
in the Town of Farmington shall be seized and properly fed and cared
for by the Ontario County Humane Society until redeemed or disposed
of in accordance with the provisions of Article 7, § 117
of the Agriculture and Markets Law of the State of New York. The owner
of the dog, upon presentation of a valid dog license and upon payment
of the impoundment fees established by the aforesaid Article 7, § 117
of the Agriculture and Markets Law of the State of New York, may redeem
such dog. In the event a dog is not redeemed within the statutory
time period, an owner forfeits title to said dog, which shall then
be made available for adoption or euthanized in accordance with Article
7, § 117 of the Agriculture and Markets Law of the State
of New York. The seizure of any dog shall not relieve any person of
prosecution for violation of the provisions of this chapter.
D. Commencement of proceedings. Any person alleged to be found to have
permitted any dog to be at large in the Town of Farmington shall be
issued an appearance ticket for an alleged violation of this chapter
and shall be prosecuted in the manner provided for herein.
E. Penalties of violations. Pursuant to § 80.05 of the Penal
Law of the State of New York, a violation of the provisions of this
chapter shall be punishable by a fine of not more than $250.
[Adopted 12-14-2010 by L.L. No. 6-2010; amended in its entirety 4-13-2021 by L.L. No. 7-2021]
Article
II of Chapter
49 of the Town of Farmington Town Code shall be known and may be cited as "Dog Licensing Law of the Town of Farmington Town Code."
All dogs being harbored in the Town of Farmington, unless otherwise
exempted by the provisions contained in Article 7, § 109
of the New York State Agriculture and Markets Law, must be licensed
by the age of four months with the Town Clerk of the Town of Farmington.
The owner of each dog required to be licensed by the provisions
of this chapter of the Town of Farmington Town Code shall obtain a
dog license application form that is to be completed and returned,
along with the items contained below herein, to the Farmington Town
Clerk for issuing of a dog license:
A. A dog license application form.
B. The license application fee and any additional fees as established
by the Town Board as part of the adopted Town of Farmington Annual
Fee Schedule.
C. Any applicable license surcharges.
D. 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 would not be required.
E. In the case of a spayed or neutered dog, a certificate by a licensed
veterinarian or an affidavit signed by the owner of the dog showing
that the dog has been spayed or neutered, provided such certificate
or affidavit shall not be required if the same is already on file
with the Farmington Town Clerk's office. In lieu of the spay
or neuter certificate, an owner may present a statement certified
by a licensed veterinarian stating the he or she has examined the
dog and found that, because of old age or other reason, the life of
the dog would be endangered by spaying or neutering. In such case,
the license fee for the dog shall be the same as for a spayed or neutered
dog.
Each dog licensed pursuant to this article shall be assigned,
at the time the dog is first licensed, a municipal identification
number. Such identification number shall be carried by the dog on
an identification tag which shall always be affixed to a collar on
the dog. No tag carrying an identification number shall be affixed
to the collar of any dog other than the one to which that number has
been assigned.
All dog licenses will be issued for a period of up to three
years and said license will expire on the last day of the last month
of the period for which they are issued.
Any license issued pursuant to this article shall not be transferable.
Upon the transfer of ownership or new address of any dog within the
Town of Farmington, the new owner shall immediately make application
for a new license for such dog.
The Town of Farmington will issue purebred licenses but will
not issue separate purebred tags.
The Town of Farmington will not issue a special tag for identifying
any guide dog, service dog, hearing dog or detection dog tag.
The fees and surcharges for issuing dog licenses shall be fixed
by the Town Board as part of the Town of Farmington's Annual
Fee Schedule and by the provisions contained in Article 7, § 110,
of the New York State Agriculture and Markets Law. Such Town fees
and surcharges may, from time to time, be changed as the Town Board
may determine. These fees and surcharges include:
A. The license fee for a spayed or neutered dog.
B. The license fee for an unspayed or an unneutered dog (such Town fee
having to exceed the fee for a license for a spayed or neutered dog
by such amount as mandated in Article 7, § 110, of the New
York State Agriculture and Markets Law).
C. In addition to the license fee authorized by this chapter and established
by the Town Board of the Town of Farmington and contained in the Annual
Fee Schedule, a surcharge for the issuance of a purebred license (such
surcharge shall be, at a minimum, such amount as mandated by Article
7, § 110, of the New York State Agriculture and Markets
Law) for the purposes of carrying out animal population control efforts.
D. In addition to the license fee authorized by this chapter and established
by the Town Board of the Town of Farmington as part of the Annual
Fee Schedule, a surcharge is hereby authorized if the dog to be licensed
is altered (such surcharge shall be, at a minimum, the amount specified
in Article 7, § 110, of the New York State Agriculture and
Markets Law).
E. In addition to the license fee authorized by this chapter and established
by the Town Board of the Town of Farmington as part of the Annual
Fee Schedule, a surcharge is hereby authorized if the dog to be licensed
is not altered (such surcharge shall be, at a minimum, the amount
specified in Article 7, § 110, of the New York State Agriculture
and Markets Law).
F. In addition to the license fee authorized by this article and established
by the Town Board of the Town of Farmington as part of the Annual
Fee Schedule, a surcharge is hereby authorized to recover and defray
the cost of an enumeration of dogs living with the Town of Farmington.
G. In addition to the license fee authorized by this article and established
by the Town Board as part of the Annual Fee Schedule, a surcharge
is authorized for offsetting costs associated with the provision and
replacement of identification tags.
A violation of this article shall be punishable by:
A. A fine of $25 for a first violation.
B. A fine of $50 for a second violation.
C. Where the person is found to have committed two or more such violations
within the preceding five years, either a fine of $100 or imprisonment
for not more than 15 days, or both.