Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tonawanda 12-17-1979 by L.L No. 4-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Animals running at large — See Ch. 199, Art. II.

§ 71-1 Purpose.

[Amended 11-22-2010 by L.L. No. 6-2010]
The purpose of this chapter is to promote the public health, safety and welfare of the residents of the Town by providing for the licensing and identification of dogs, the control and protection of the dog population and the protection of the persons, property, domestic animals and deer from dog attack and damage.

§ 71-2 Applicability.

This chapter shall be applicable in the area of the Town of Tonawanda, New York, outside the Village of Kenmore.

§ 71-3 Definitions.

[Amended 4-10-1989 by L.L. No. 1-1989; 11-22-2010 by L.L. No. 6-2010]
A. 
The definitions of terms as set forth in Chapter 59, Part T of the Laws of 2010, contained in Article 7 of the Agriculture and Markets Law of the State of New York, effective January 1, 2011, shall be applicable to such terms contained in this chapter.
B. 
In addition, as used in this chapter, the following terms shall have the meanings indicated:
PUBLIC PROPERTY
All public highways, streets, sidewalks or parking lots; all parks, playgrounds, recreation facilities or recreation areas owned and maintained by the Town of Tonawanda; and all buildings, structures, shelters, facilities and improvements thereon located in any park, playground, recreation facility or recreation area owned and maintained by the Town of Tonawanda.

§ 71-4 License fees and surcharges.

[Amended 6-1-1992 by L.L. No. 2-1992[1]; 7-26-2004 by L.L. No. 5-2004; 11-22-2010 by L.L. No. 6-2010]
Local license fees for all dog licenses issued by the Town of Tonawanda are established as follows:
A. 
An annual fee of $10 and a surcharge of $1 for each dog license issued or renewed by the Town for spayed or neutered dogs.
B. 
An annual fee of $15 and a surcharge of $3 for each dog license issued or renewed by the Town for unspayed or unneutered dogs.
C. 
An annual fee of $25 for each purebred license issued or renewed by the Town.
D. 
No license fee shall be collected for applications submitted for a dog license for any guide, hearing, service, war, working search, detection, police and/or therapy dog.
E. 
Any future changes in the fee can be made by Town Board resolution.
F. 
In the event that an owner of a dog which is licensed by another municipality in Erie County moves into the Town of Tonawanda, he/she must obtain an identification tag from the Town Clerk's office. In such instance, there will be no additional fee owing to the Town of Tonawanda until such time as the license from the other municipality expires.
[1]
Editor's Note: This local law also provided that it would take effect July 1, 1992.

§ 71-4.1 Licensing and identification of dogs.

[Added 11-22-2010 by L.L. No. 6-2010]
A. 
All dogs within the Town of Tonawanda being four months of age or older shall be licensed by the Town Clerk's office. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk's office 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 of the Town of Tonawanda. 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 the vaccination shall not be required. Each license shall be valid for a period of one year and shall not be transferable.
B. 
Each dog licensed by the Town 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 be affixed to a collar on the dog at all times, provided that the Town may exempt dogs participating in a dog show during such participation.
C. 
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.
D. 
The Town may provide a licensee, at his or her expense, any number of tags imprinted with the same number as the purebred license. One such tag shall be affixed to the collar of each dog harbored pursuant to the purebred license at all times, provided that the Town may exempt dogs participating in a dog show during such participation. Such a tag shall be affixed only to the collar of a dog owned by the holder of the purebred license and harbored on his premises.
E. 
The Town may issue a special tag for identifying any guide dog, service dog, hearing dog or detection dog, provided that such tag shall be in addition to the identification tag issued by the Town. The Town may prescribe the shape, size, color, and form of imprint of the tag which shall be a different color and shape than the standard identification tag. Upon application, the Town Clerk shall furnish such tags without payment of a fee.

§ 71-5 Restrictions on keeping dogs.

[Amended 4-10-1989 by L.L. No. 1-1989]
A. 
Except in an industrial district in the Town of Tonawanda, New York, not more than two dogs six months or more in age shall be harbored on any premises; provided, however, that a special permit may be granted by the Town Board of the Town of Tonawanda, New York, to a licensed veterinarian or veterinary hospital or any incorporated society for the prevention of cruelty to animals or similar incorporated dog-protective association to allow the harboring of more than two dogs six months or more in age. Such special permit may be granted in such instances and upon such terms and conditions as the Town Board shall determine. No such special permit shall be granted to allow the harboring of more than two dogs on premises in an A First Residential, B Second Residential, M-F Multifamily or C-1 Restricted Business District.
B. 
No owner of a dog shall keep or harbor a dog in an unclean or unsanitary manner.
C. 
No owner of a dog shall fail to provide adequate food, water or space for such dog. "Adequate" shall mean sufficient for the age, size and number of dogs on the premises.
D. 
It shall be unlawful for any owner of any dog in the town to permit or allow a dog to:
(1) 
Be off the premises of such owner and in the Town of Tonawanda, New York, exclusive of the Village of Kenmore, unless restrained by a chain or leash not exceeding six feet in length and under the control of a responsible person. Whenever a dog is found off the premises of the person owning, keeping, harboring or having the care, custody or control of such dog, not restrained as above provided, it shall be presumed that such person permitted or allowed such dog to be off such premises in violation of this section.
(2) 
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably disturb the comfort or repose of any person.
(3) 
Bite, chase or harass any person or domestic animal.
E. 
It shall be the duty of every dog owner or person having possession, custody or control of a dog to remove any feces left by said dog on any public property owned by the Town of Tonawanda and deposit it in a container lawfully used for the disposal of refuse. The provisions of this section shall not apply to a dog owner or person who is disabled as defined in Agriculture and Markets Law § 108 and who has possession, custody or control of a guide dog, hearing dog or service dog as defined in Agriculture and Markets Law § 108.

§ 71-6 Enforcement.

Dog control officers, as defined in Article 7 of the Agriculture and Markets Law of the State of New York, and any peace officer employed by the town shall be responsible for enforcement of the provisions herein as well as Article 7 of the Agriculture and Markets Law.

§ 71-7 Impoundment fees; additional costs.

[Amended 4-10-1989 by L.L. No. 1-1989; 7-26-2004 by L.L. No. 5-2004; 11-22-2010 by L.L. No. 6-2010]
A. 
Any person claiming ownership of any dog seized pursuant to § 117 of the Agriculture and Markets Law of the State of New York shall pay the following impoundment fees:
(1) 
Thirty dollars for the first impoundment of any dog owned by that person.
(2) 
Sixty dollars for the second impoundment, within one year of the first impoundment, of any dog owned by that person.
(3) 
One hundred dollars for the third and subsequent impoundment, within one year of the second impoundment, of any dog owned by that person.
B. 
In addition thereto, any person claiming any ownership of any dog shall be responsible to pay the sum of $20 for each 24 hours or part thereof for sheltering, feeding and watering said dog.
C. 
In any case where veterinary care is necessary to protect the health and welfare of a dog, in addition to the impoundment fee, the Town shall also charge for the cost of such veterinary care.
D. 
Any future changes in fees can be made by Town Board resolution.

§ 71-8 Responsibility for costs upon failure to redeem dog.

Even though an owner may elect not to redeem said dog, said owner shall nevertheless be responsible to the Town of Tonawanda for the impoundment fee and other expenses as set forth herein. An action may be commenced to collect said sum.

§ 71-9 Issuance of appearance tickets.

The chapter hereby provides for the issuance of an appearance ticket pursuant to the provisions of § 124 of the Agriculture and Markets Law to assist in the enforcement of the Agriculture and Markets Law and this chapter.

§ 71-10 Penalties for offenses.

A. 
Any person convicted of a violation of this chapter shall be deemed to have committed a violation and shall be subject to a fine not exceeding $250 or to imprisonment for a period not exceeding 15 days.
B. 
Any person taking part in or assisting in any violation of this chapter shall also be subject to the penalties herein.
C. 
Each day that a violation of this chapter is committed or is permitted to exist shall constitute a separate offense.
D. 
Said penalties herein are in addition to those fees and charges provided in § 71-7 of this chapter.

§ 71-11 Applicability of statute.

The provisions of Article 7 of the Agriculture and Markets Law of the State of New York shall be applicable in addition to the provisions set forth in this chapter.

§ 71-12 Repealer.

This chapter shall supersede all prior local laws, ordinances, rules and regulations relative to the control, licensing and seizure of dogs within the Town of Tonawanda, New York, and they shall be null and void effective January 1, 1980, except as to violations thereof occurring prior to the effective date hereof.