[HISTORY: Adopted by the Town Board of the Town of Niles as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-11-1995 by L.L. No. 3-1995]
The Town Board of Niles finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons, damage to property and have created nuisances within the town. The purpose of this article is to protect the health, safety and well-being of persons and the property by imposing restrictions on the keeping and running at large of dogs within the town.
This article is enacted pursuant to the provisions of § 126 of the Agriculture and Markets Law of the State of New York.
The title of this article shall be the "Dog Control Law of the Town of Niles."
As used in this article, the following words shall have the following respective meanings:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, as amended by this article, and as amended thereafter.
CONFINED
That such animal is securely confined or restrained or kept on the owner's premises, either within a building, kennel or other suitable enclosure or securely fastened on a chain, wire or other effective tether of such length and so arranged that the animal cannot reach or endanger any person or any adjacent premises or any public street, way or place, or, if the animal is being transported by the owner, that it is securely confined to a crate or other container or so restrained in a vehicle that it cannot be expected to escape therefrom.
DOG
Male and female, licensed and unlicensed, members of the species Canis familiaris.
DOG CONTROL OFFICER
Any person authorized from time to time to enforce the provisions of this article or the provisions of the Agriculture and Markets Law of the State of New York.
OWNER
The party purchasing the license, unless the dog is lost or has been lost, and such loss reported to the Dog Control Officer and a reasonable search has been made. If an animal is not licensed, the term "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has the custody or control of, harbors or is otherwise responsible for any animal which is kept, brought or comes within the town. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be held and deemed to be the owner of such dog for the purpose of this article. In the event that the owner of any dog found to be in violation of this chapter is a minor, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog and the violation of this article.
RECREATIONAL AREAS
Any real property owned by the Town of Niles which is used for recreational purposes by the public, including but not limited to parks and playgrounds.
RUN AT LARGE
To be in a public place or on private lands without knowledge, consent and approval of the owner of such lands.
TOWN
Shall designate the area within the corporate limits of the Town of Niles.
A. 
Licensing.
[Amended 12-9-2010 by L.L. No. 1-2011]
(1) 
All dogs within the Town of Niles four months of age or older, unless otherwise exempted, shall be licensed in accordance with the New York State Agriculture and Markets Law. The owner of each dog required to be licensed shall obtain, complete and return to the Town of Niles Clerk a dog license application together with the license fee and any additional fees as may be established by the Town of Niles. Each 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. Each license issued shall be valid for a period of one year and shall not be transferable.
(a) 
Each dog licensed by the Town of Niles shall be assigned a municipal identification number. Identification numbers shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times.
(b) 
Any dog harbored within the Town of Niles which is owned by a resident of and licensed by the City of New York, or which is owned by a non-New-York-State resident and licensed by a jurisdiction outside of the state, shall for a period of 120 days be exempted from the licensing and identification provisions of this section.
(2) 
The Town of Niles hereby establishes the fee for a dog license issued pursuant to this section at $3, to which amount shall be added $5 if the dog for which the license application is made is unspayed or unneutered.
(a) 
In addition to the license fee imposed by Subsection A(2), each applicant for a dog license shall pay a fee of $1 if the dog to be licensed is altered or a fee of $3 if the dog to be licensed is unaltered, which shall be deposited in the New York State Animal Population Control Fund.
(b) 
In addition to the license fee imposed by Subsection A(2) and the Animal Population Control Fund fee imposed by Subsection A(2)(a), each applicant for a dog license shall pay a fee of $1, which shall be retained by the Town of Niles and used to defray the cost of an enumeration of dogs living within the Town of Niles.
(c) 
Excepted from payment of all fees imposed by this section are applicants for a dog license for any guide, hearing, service, war, working search, detection, police or therapy dogs.
(d) 
Any person, firm or corporation located within the Town of Niles engaged in the business of breeding or raising dogs for profit shall pay a fee of $50 to license all dogs confined to the premises of such person, firm or corporation.
(e) 
The owner of any dog licensed pursuant to this section shall pay a fee of $3 for the replacement of an identification tag.
(3) 
The owner of any dog impounded by the Town of Niles shall be entitled to redeem that dog within five business days exclusive of the day the dog was impounded, provided that the owner produces proof the dog is licensed and identified, and pays a fee of $25 for the first 24 hours plus $10 for each additional twenty-four-hour period for the first impoundment of any dog owned by that person; a fee of $50 for the first 24 hours plus $15 for each additional twenty-four-hour period for the second impoundment within one year of the first impoundment of any dog owned by that person; and a fee of $75 for the first 24 hours plus $20 for each additional twenty-four-hour period for the third and subsequent impoundments within one year of the first impoundment of any dog owned by that person.
B. 
It shall be unlawful for any owner of any dog in the Town of Niles to permit or allow such dog to:
(1) 
Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person able to control it by command. For the purpose of this article, a dog hunting in company of a hunter or hunters shall be considered as accompanied by its owner.
(2) 
Uproot, dig or otherwise damage any vegetables, flowers, lawns, garden beds or other property not belonging to the owner of such dog.
(3) 
Chase, jump upon or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
(4) 
Habitually chase, run alongside or bark at motor vehicles while on a public street or highway or upon public or private property other than property of the owner or harborer of said dog.
(5) 
Create such nuisance as, but not limited to, defecating, urinating or digging on public property or private property and etc., other than the property of said owner.
(6) 
Be off the owner's premises when in heat.
(7) 
Engage in habitual loud howling, barking, crying and whining or conduct itself in such manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
C. 
Establishment of the fact or facts that the owner of a dog has allowed or permitted such dog to commit any of the acts prohibited by this section of this article shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine, leash or control his or her dog.
This article shall be enforced by a Dog Control Officer, as defined herein.
A. 
Only a dog found running at large in violation of this article or of § 114 of the Agriculture and Markets Law may be seized by any Dog Control Officer, as defined herein, exercising such degree in force as shall be necessary to effect such seizure without intentionally injuring or harming such dog, and such dog shall be impounded and disposed of in accordance with the provisions of Article 7 or other applicable provisions of the Agriculture and Markets Law.
[Amended 3-9-2000 by L.L. No. 2-2000]
B. 
Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner.
[Amended 3-9-2000 by L.L. No. 2-2000]
C. 
A dog owner may redeem his dog from the town pound upon payment for the impounding of such dog, plus the cost of keeping, feeding and caring for the dog while in the custody of the Dog Control Officer. The dog must be licensed upon return.
D. 
No action shall be maintained against the Town of Niles, any duly designated Dog Control Officer or any other agent or officer of the town to recover the possession or value of any dog, or for damages for the injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this article.
A. 
Any person who observes a dog in violation of this article may file a complaint under oath with a Town Justice or Town Dog Control Officer, specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of the dog.
B. 
Upon receipt by the Town Justice of any such written complaint, he shall summon the alleged owner to appear in person before him for a hearing, at which both the complainant and the owner shall have the opportunity to be represented by council and to present evidence. If, after such hearing, the Town Justice decides that further action is warranted, he may order:
(1) 
The owner to restrain such dog by collar and leash at all times, whether on or off the owner's property.
(2) 
The owner to confine such dog to the premises of the owner.
(3) 
Such other remedy authorized by the law as may be warranted by the circumstances in such case.
C. 
A violation of any order issued by a Town Justice under the provisions of this section shall be an offense punishable upon conviction thereof as provided in § 76-9 of this article.
Upon conviction, a violation of this article shall be deemed an offense and punishable by a fine not exceeding $25 for the first offense and $50 for each offense thereafter.