[HISTORY: Adopted by the Town Board of the
Town of Greece 4-21-2009 by L.L. No. 1-2009. Amendments noted where
applicable.]
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."
A.Â
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.Â
The purpose of this chapter shall be to:
[Amended 12-21-2010 by L.L. No. 14-2010]
(1)Â
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)Â
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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
An unleashed, unrestrained or uncontrolled dog off the premises
of the owner.
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.
Any member of the species canis familiaris, both male and
female, licensed or unlicensed.
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.
To bring about death by a humane method.
To provide food and/or shelter to any dog, or otherwise keep
or control.
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]
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.
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.
Any person(s), individual(s), corporation, partnership, association
or other organized group of persons, municipality or other legal entity.
A.Â
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.Â
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]
A.Â
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.Â
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.
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.
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.
A.Â
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.Â
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)Â
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)Â
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.
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.
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.
[Amended 12-21-2010 by L.L. No. 14-2010]
A.Â
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.Â
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)Â
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)Â
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)Â
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.Â
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.
A.Â
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.Â
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.Â
Seizure and impoundment.
(1)Â
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)Â
Any seized dog may be held or impounded:
(a)Â
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)Â
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.
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
H.Â
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]
A.Â
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.Â
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)Â
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)Â
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)Â
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)Â
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.
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.
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.
A.Â
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.Â
No person shall hinder, resist or oppose any person
authorized to administer or enforce the provisions of this chapter
from performing their duties.
[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.
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.
