Town of Greece, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greece 4-21-2009 by L.L. No. 1-2009. Amendments noted where applicable.]

§ 89-1 Title.

This chapter, enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law of New York State, shall be known as the "Greece Dog Law."

§ 89-2 Purpose.

A. 
The Town Board of the Town of Greece finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons, damage to property and has created nuisances within the Town.
B. 
The purpose of this chapter shall be to:
[Amended 12-21-2010 by L.L. No. 14-2010]
(1) 
Preserve the public peace and good order in the Town of Greece and to contribute to the public welfare and good order of its people by enforcing certain regulations and restrictions on the activities of dogs, dog owners and custodians of dogs that are consistent with the rights and privileges of the owners of dogs and the rights and privileges of the other citizens in the Town of Greece.
(2) 
Provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, domestic animals and deer from dog attack and damage, and nuisances caused by dogs.

§ 89-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York in effect as of the effective date of this chapter, as amended by this chapter, and as amended thereafter.
ANIMAL CONTROL OFFICER
Any person authorized by the Town Board, Town of Greece, from time to time, to enforce the provisions of this chapter or the provisions of the Agriculture and Markets Law.
AT LARGE
An unleashed, unrestrained or uncontrolled dog off the premises of the owner.
CONFINED
Kept on the owner's premises, either within a building, kennel or other suitable enclosure (including a fenced-in area or an area protected by a properly functioning electronic containment system) or securely fastened on a chain, wire or other effective tether, of such length, and so arranged, so that the dog cannot reach or endanger any person on any adjacent premises or on any public street, way or place or, if the dog is being transported by the owner, it is secured in a cage or is restrained within an enclosed vehicle in a manner consistent with the dog's safety and good health and so that it cannot be expected to escape therefrom.
DOG
Any member of the species canis familiaris, both male and female, licensed or unlicensed.
DOMESTIC ANIMAL
Any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail deer which is raised under license from the Department of Environmental Conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the State Department of Environmental Conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this chapter.
EUTHANIZE
To bring about death by a humane method.
HARBOR
To provide food and/or shelter to any dog, or otherwise keep or control.
IDENTIFIED DOG
Any dog carrying an identification tag affixed to its collar pursuant to § 89-11 of this chapter.
[Amended 12-21-2010 by L.L. No. 14-2010]
LEASHED
Restrained by a leash no greater than eight feet in length, attached to a collar or harness of sufficient strength to restrain the dog and which shall be held by a person having the ability to control the dog at hand.
OWNER
The party named on the dog license, and/or any person, persons, firm, association or corporation that has custody or control of, harbors, cares for, or is otherwise responsible for any dog, licensed or unlicensed, which is kept, confined, brought or comes within the Town. In the event that any dog found to be in violation of this chapter shall be owned, kept, harbored by, cared for, or in the custody of a minor, the parent(s) or head of 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 violations of this chapter.
PERSON
Any person(s), individual(s), corporation, partnership, association or other organized group of persons, municipality or other legal entity.

§ 89-4 Dog attacks, intimidation and/or dangerous dogs prohibited.

A. 
No person who owns or harbors a dog shall allow, permit, neglect to restrain, fail to adequately control or otherwise fail to prevent such dog to attack, bite, chase, jump upon, harass or otherwise intimidate or cause reasonable apprehension of bodily harm to any person peaceably conducting himself/herself in any place where such persons may lawfully be.
B. 
In addition to the penalties set forth under § 89-18 of this chapter for violations hereunder, a Greece Town Justice may consider and declare that the subject dog perpetrating the attack, bite, chase, jump upon, harassment, intimidation or reasonable apprehension of bodily harm to a person(s) is a dangerous dog and may be dealt with pursuant to and consistent with the provisions set forth herein, or pursuant to § 123 of the New York State Agriculture and Markets Law.
[Amended 12-21-2010 by L.L. No. 14-2010]

§ 89-5 Barking, howling and whining prohibited; abatement of nuisance.

A. 
No person shall allow, permit or fail to prevent any dog owned, cared for or controlled, kept, cared for or harbored by him/her that engages in frequent, prolonged, continual, habitual or excessive barking, howling, whining or crying or conducts itself in such a manner as to unreasonably or habitually annoy or disturb the comfort, peace or repose of any person other than the dog owner, whether or not the dog is on the owner's premises.
B. 
In order to abate the nuisance created by a dog barking, howling, whining, or crying in violation of this section, an Animal Control Officer shall be permitted to enter the premises from where the violation is occurring and seize and impound subject dog if the owner is unable to or unwilling to take action to stop the howling, barking, or other nuisance being created.
C. 
Disposition or redemption of any seized dog pursuant to this section shall be subject to the provisions as set forth in § 89-13 hereunder.

§ 89-6 Injuring or killing of other animals prohibited.

No person who owns, cares for, controls or harbors a dog shall allow, permit or fail to prevent such dog from injuring or killing any other dog, cat, farm animal, domestic animal or household pet. Any expenses and/or damages caused by a dog under this section shall be the sole responsibility of the owner of said dog and for which the owner shall be liable for same.

§ 89-7 Damaging or destroying property prohibited.

No person who owns, cares for, controls or harbors a dog shall allow, permit or fail to prevent such dog from damaging or destroying another person's property. Any expenses and/or damages caused by a dog under this section shall be the sole responsibility of the owner of said dog and for which the owner shall be liable for same.

§ 89-8 Nuisances prohibited; disposal of feces; guide dogs exempt.

A. 
No person who owns, cares for, controls or harbors a dog shall allow or permit or fail to prevent such dog from defecating or otherwise committing a nuisance in a public street, public building, public park or on any private property except with the consent of the owner of the property thereof.
B. 
Any person owning, caring for, harboring, keeping or controlling or in charge of any dog shall immediately remove, in a suitable container, all feces deposited by such dog on any common thoroughfare, sidewalk passageway, play area, park or any place where people congregate or walk or on any public property whatsoever or on any private property without the permission of the owner of said property.
(1) 
The feces shall be removed from the aforementioned designated area or shall be deposited in a designated public waste receptacle by the person owning, harboring, keeping or in charge of any dog which deposited such feces. Disposal of feces in the street storm collection system is prohibited.
(2) 
Any dog which serves as a guide dog shall be exempt from the provisions of this subsection while such dog is accompanying a blind person.

§ 89-9 Running at large prohibited.

No person who owns or harbors a dog shall allow, permit or fail to prevent such dog from running at large with a pack of other dogs or chasing deer, other animals or children.

§ 89-10 Restraints required; exceptions.

No person who owns, cares for, keeps or harbors a dog shall allow, permit, neglect to restrain, neglect to confine or fail to prevent such dog from being at large in the Town of Greece, County of Monroe, New York, unless under the control of a leash not exceeding eight feet in length or less if need be or required to prevent such dog from entering upon the property of another, other than when on the premises of another with the knowledge, consent and approval of the owner of such premises or when hunting in the company and under the control of a hunter or hunters on property allowed to be hunted on with dogs and with said property owner’s consent. For additional provisions regarding hunting in the Town, see Chapter 108, Firearms and Fireworks.

§ 89-11 Licenses and rabies vaccinations required.

[Amended 12-21-2010 by L.L. No. 14-2010]
A. 
No person shall own, harbor or keep a dog in the Town of Greece unless said dog has a current license and is currently rabies vaccinated in accordance with Article 7 of the New York State Agriculture and Markets Law, except any dog harbored within the Town of Greece which is owned by a resident of New York City or licensed by the City of New York, or which is owned by a nonresident of New York State and licensed by a jurisdiction outside the State of New York, shall, for a period of 30 days from relocation to the Town of Greece, be exempt from the licensing and identification provisions of this chapter.
B. 
Licensing of dogs. All dogs within the Town of Greece four months of age or older, unless otherwise exempted, shall be licensed. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Town Board by resolution. 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.
(1) 
Exempted from the payment of the license fee are applications submitted for a dog license for any guide, hearing, service, war, working, search, detection, police or therapy dog.
(2) 
In the event that the Town Clerk’s office is not open for business, the Animal Control Officer shall be authorized to issue a license.
(3) 
Included in the license fee established by the Greece Town Board is a minimum New York State mandated surcharge of $1 if the dog to be licensed is altered, or a minimum fee of $3 if the dog sought to be licensed is unaltered.
C. 
In addition to the license fee imposed by the Greece Town Board, each applicant may be obligated to pay a surcharge, to be set by resolution by the Greece Town Board, which shall be retained by the Town of Greece and used to defray the cost of an enumeration of dogs living within the Town of Greece and the cost of providing replacement identification tags.

§ 89-12 Animal Control Officer; seizure and impoundment of dogs.

A. 
The Town of Greece shall appoint an Animal Control Officer or Officers as needed pursuant to the appropriate statutes of the State of New York. It shall be the duty of such Animal Control Officer or Officers of the Town of Greece to enforce the appropriate provisions of the New York State Agriculture and Markets Law with respect to dogs in the Town of Greece and to enforce all provisions of this chapter or any other state, county or Town applicable law, ordinance, rule or regulation.
B. 
All complaints concerning alleged violations of this chapter shall be communicated to the Animal Control Officer or Officers. All such complaints shall be investigated, and it shall be the duty of the Animal Control Officers in the appropriate case to proceed with civil or criminal enforcement of this chapter or any other provision of law pertaining hereto.
C. 
Seizure and impoundment.
(1) 
The Animal Control Officer or Officers of the Town of Greece may immediately seize any dog which such Officer determines to be in violation of any portion of this chapter as well as any dog or dogs otherwise required to be seized under or by virtue of the Agriculture and Markets Law of the Sate of New York.
(2) 
Any seized dog may be held or impounded:
(a) 
For a period of 24 hours pending the filing of charges under any portion of the Greece Dog Law or by virtue of the Agriculture and Markets Law of the State of New York;
(b) 
As otherwise provided under or pursuant to the provisions for impoundment, redemption, disposition, adoption or other provisions of this chapter or by virtue of or under the Agriculture and Markets Law of the State of New York.

§ 89-13 Redemption of seized dogs.

A. 
Every dog seized shall be properly fed and cared for at the expense of the Town of Greece until disposition thereof, as herein provided and in accordance with the applicable provisions of the Agriculture and Markets Law of the State of New York.
B. 
If the dog seized bears a license tag (an identified dog), the Animal Control Officer shall attempt to ascertain the owner of the dog and shall give immediate notice by mail or by personally serving such owner or an adult member of the household with a notice, in writing, stating that the dog has been seized and will be adopted or euthanized unless redeemed as hereinafter provided.
[Amended 12-21-2010 by L.L. No. 14-2010]
C. 
The owner of a dog bearing a license tag (identified dog) may redeem the dog within 10 days of the notice date by paying to the Town Clerk or designee the fee as established by the Town Board from time to time as the cost of seizure and the reasonable cost of feeding and caring for such dog.
D. 
If the dog seized does not bear a license tag (an unidentified dog), the owner of said dog may redeem the dog within seven days by paying to the Town the fee as established by the Town Board from time to time as the cost of seizure and reasonable cost of feeding and caring for such dog, in addition to the application for and payment of the applicable licensing fee.
[Amended 12-21-2010 by L.L. No. 14-2010]
E. 
If not so redeemed, the owner of the seized identified or unidentified dog shall forfeit all title to the dog, and the dog shall be adopted or euthanized by and at the discretion of the Animal Control Officer. In the case of adoption, the adopting party must pay the adoption costs and expenses to the Town Clerk and obtain a license for such dog. The Animal Control Officer who euthanizes the dog shall immediately dispose of the carcass and make a written report of such euthanization and disposition and shall keep a record thereof.
F. 
In the event that emergency veterinary care was necessary at the time of seizure and said care was provided pursuant to § 89-13A, the owner of the dog or his agent must pay the costs incurred therefor before said dog may be redeemed.
G. 
If the owner of any unredeemed dog is known, such owner may be required by the Animal Control Officer and/or the Town to pay the impoundment fees set forth in Subsection C or D of this section, whether or not such owner chooses to redeem such dog.
[Amended 12-21-2010 by L.L. No. 14-2010]
H. 
No action shall be maintained against, nor any liability imposed upon, the Town of Greece, any Animal Control Officer or other officer, agent or employee when acting pursuant to his/her special duties, or any other agent or officer of the Town or person under contract to said Town of Greece to recover the possession or value of any dog, or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this chapter or the Agriculture and Markets Law.
[Amended 12-21-2010 by L.L. No. 14-2010]

§ 89-14 Disposition services for owned dogs voluntarily surrendered.

A. 
The Town of Greece and/or any Animal Control Officer shall be authorized, at his/her sole discretion, to take or accept possession of and dispose of, in any discretionary manner, unwanted, owned dogs which are voluntarily surrendered to an Animal Control Officer.
B. 
The Town of Greece and/or its Animal Control Officers are authorized from time to time to set the terms and conditions for such service, including the following:
(1) 
In the interest of public safety, the Town of Greece and/or its Animal Control Officers are authorized to dispense with the usual redemption provisions where the owner turns in an unwanted, unlicensed (or unidentified) dog. This shall include, but not be limited to, the acceptance by any Animal Control Officer(s), at his/their discretion, of a to-be-surrendered vicious or dangerous dog which owners have not been able to control.
[Amended 12-21-2010 by L.L. No. 14-2010]
(2) 
The Town of Greece and/or its Animal Control Officers may require that the owner execute a release, consent and/or affidavit in a form prescribed by the Town and/or its Animal Control Officers agreeing to disposition of the animal and absolving the Town and/or its officers and employees from any and all liability.
(3) 
The Town and/or its officers may set the maximum number of days an adoptable dog shall be held for adoption before being humanely euthanized.
(4) 
The Town Board may from time to time determine the fees and costs to be contributed by the owners, if any, for the service(s) being or having been rendered.

§ 89-15 Inspection, seizure and enforcement authorization; right of entry.

Any Animal Control Officer or other Town of Greece official charged with the enforcement of the provisions of this Code shall have the right to enter and inspect, at any reasonable hour, any home, building, structure, yard, enclosure, garage or other premises necessary for the enforcement of any provisions of this chapter, including, but not by way of limitation, dog seizure provisions under § 89-12 herein.

§ 89-16 Filing complaints.

Any person who observes a dog in violation of any section of this chapter may file a signed complaint, under oath, with a Justice of the Town of Greece or with the Animal Control Officer or any police officer, specifying the place(s) where the violation occurred and the name and address of the dog owner, if known.

§ 89-17 Enforcement.

A. 
Any person or persons who shall be hereafter authorized by the Greece Town Board shall administer and enforce the provisions of this chapter and, for such purpose, shall have the authority to issue appearance tickets.
B. 
No person shall hinder, resist or oppose any person authorized to administer or enforce the provisions of this chapter from performing their duties.

§ 89-18 Penalties for offenses.

[Amended 12-21-2010 by L.L. No. 14-2010]
A violation of this chapter and of any of the provisions hereunder shall be punishable by a fine of up to $500, except that where the person was found to have violated the provisions of this chapter within the preceding three years, the fine may be up to $750, and where the person was found to have committed two or more such violations within the preceding three years, it shall be punishable by a fine of up to $1,000.

§ 89-19 Fees.

The dog license fee is as set forth in Subdivision 1 of § 110 of the Agriculture and Markets Law. In addition, the local fees will be as established by the Greece Town Board from time to time.