[HISTORY: Adopted by the Town Board of the
Town of Livonia as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-19-2004 by L.L. No. 1-2004[1]]
[1]
Editor's Note: This local law also repealed
former Art. I, Dogs, adopted 6-19-1986 by L.L. No. 1-1986, as amended.
The County of Livingston, New York finds that
the running at large and other uncontrolled behavior of dogs has caused
annoyance to persons, damage to property and created nuisances within
the County. The purpose of this article is to protect the health,
safety and well-being of persons and property by imposing restrictions
and regulations upon the keeping of dogs and the seizure thereof within
the County.
This local ordinance is enacted pursuant to
the provisions of Section 124 of Article 7 of the Agriculture and
Markets Law.
The title of this article shall be "A Dog Control
Ordinance of the County of Livingston."
As used in this article, the following terms
shall have the meanings indicated:
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be "at large" if it is: a) accompanied by and under
the immediate supervision and control of the owner or other responsible
person; b) a police work dog in use for police work; c) accompanied
by its owner or other responsible person and is actively engaged in
hunting or training for hunting on unposted land or on posted land
with the permission of the owner of the land; d) is actively engaged
as a livestock protection dog or a herd dog and is in the company
of its designated livestock on lands owned or leased by the owner
of the dog, or by the permission of the owner or lessor of such lands.
Shall refer to both male and female dogs except where the
context requires otherwise.
Any individual appointed by the County of Livingston to assist
in the enforcement of this article.
To provide food or shelter to any dog.
Any person who harbors or keeps any dog. In the event any
dog found in violation of this article shall be owned by a person
under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person (or the head of the household in which
said person resides).
It shall be unlawful for any owner of any dog
to permit or allow such dog, in the County of Livingston, to:
A.
Be at large;
B.
Cause damage or destruction to property or commit
a nuisance upon the premises of any person;
C.
Habitually chase motor vehicles, bicycles, horseback
riders, pedestrians or persons moving by human- or animal-powered
devices, such as skateboards, roller blades, carriages, sleds, wagons,
or skis;
D.
Engage in habitual, loud howling or barking or conduct
itself in a manner as to disturb the public peace;
E.
Kill or injure any other dog or cat.
Any dog which shall attack any person or domestic
animal, within the meaning of Article 7 of the Agriculture and Markets
Law of the State of New York, shall be dealt with in accordance with
Article 7 of the Agriculture and Markets Law.
This County ordinance shall be enforced by any
dog control officer, peace officer when acting pursuant to his special
duties, or law enforcement officer.
A.
Any dog found in violation of the provisions of § 54-5 of this article may be seized pursuant to the provisions of Section 118 of the Agriculture and Markets Law.
B.
Every dog seized shall be properly cared for, sheltered,
fed and watered for the redemption period set forth in Section 118
of the Agriculture and Markets Law.
C.
Seized dogs may be redeemed by producing proof of
licensing and identification pursuant to Article 7 of the Agriculture
and Markets Law and by paying the redemption fees set forth in Section
118 of said Article.
D.
Any dog unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption or euthanized
pursuant to the provisions of Section 118 of the Agriculture and Markets
Law.
E.
All impoundment fees shall be the property of the
County of Livingston and shall be used only for the controlling of
dogs and the enforcement of this article.
Any dog control officer, peace officer acting
pursuant to his special duties, or police officer in the employ or
under contract to the County of Livingston observing a violation of
this article in his presence shall issue an appearance ticket for
such violation.
Any person convicted of a violation of this
article shall be deemed to have committed a violation and shall be
subject to a fine not exceeding $250 or imprisonment for a period
not exceeding 15 days.
A.
In the event an owner wishes to surrender an unwanted
dog to the County shelter, such person must execute a consent form
prescribed by the County, allowing the Dog Control Officer to dispose
of the dog immediately by either adoption or euthanasia, at the discretion
of the Officer, and absolve the County, forever, of liability in connection
with said dog.
B.
The owner of any dog surrendered to the County must
pay a fee in the amount set by the County.
C.
This service may be discontinued at any time, by order
of the Dog Control Officer, if overcrowding or any other condition
at the shelter would create a situation whereby dogs could not be
properly sheltered and cared for.
This article shall supersede all prior local
laws, ordinances, rules and regulations relative to the control of
dogs within the County of Livingston, and they shall be, upon the
effective date of this article, null and void.
This article shall take effect March 23, 2004.
[Adopted 12-2-2010 by L.L. No. 2-2010]
A.
On June 22, 2010, Governor David Paterson signed a measure into law
as part of the 2010/2011 State Budget. The measure eliminates the
existing roles of the New York State Department of Agriculture and
Markets and county government in the licensing of dogs and moves the
remainder of the dog licensing function required by Article 7 of the
Agriculture and Markets Law to the level of local government.
B.
Part T of Chapter 59 of the Laws of 2010 provides for the elimination
of NYSDAM's dog licensing functions, including the agency's
centralized Dog Licensing System. Part T repeals a significant portion
of state level mandates in terms of licensing fees, exemptions, enumeration
fee caps and penalties. Legislative action by the Town of Livonia
is necessary to determine local fees and other policies prior to January
1, 2011. Without such action, the Town of Livonia would not be able
to ensure the continuity of revenue used to pay for the local licensing
function.
C.
Because the Town Board of the Town of Livonia recognizes that certain adjustments to its regulations must be made from time to time in order to preserve the health and safety of its residents, the Town Board finds that it is in the best interest of the Town of Livonia to amend Chapter 54 of the Code of the Town of Livonia.
The following definitions shall apply to the licensing requirements of this Article II:
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog seized or surrendered,
from an animal shelter run by the Town or Livingston County.
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 thereafter amended.
To be in a public place or on private land without the knowledge,
consent, and approval of the owner of such lands.
The Town Clerk, or Deputy Town Clerk, of the Town of Livonia,
by whom licenses are to be validated or issued.
Shall refer to both male and female dogs except where the
context requires otherwise.
Any individual appointed by the County of Livingston or the
Town of Livonia to assist in the enforcement of this article.
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
Any dog that is trained to aid the Animal/Dog Control Officer
in the control of geese within the boundaries of the Town.
Any dog that is trained to aid a person who is blind and
that is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred.
To provide food or shelter to any dog.
Any dog that is trained to aid a person with a hearing impairment
and that is actually used for such purpose, or any dog owned by a
recognized training center located within the State of New York during
the period such dog is being trained or bred for such training.
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
Any person who harbors or keeps any dog. In the event any
dog found in violation of this article shall be owned by a person
under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person (or the head of the household in which
said person resides).
The person in whose name a dog was last licensed pursuant
to this article.
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
Any dog owned or harbored by any municipal police department
or any state or federal law enforcement agency, which dog has been
trained to aid law enforcement officers and is actually being used
for police work purposes.
(A person) An individual who maintains a residence within
the Town of Livonia, County of Livingston, State of New York.
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and that is actually used for such purpose, or any
dog owned by a recognized training center located within the State
of New York during the period such dog is being trained or bred for
such purpose.
The Town of Livonia, including incorporated areas.
Any dog which has been honorably discharged from the United
States Armed Services.
Any dog that is trained to aid in the search for missing
persons and that is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
A.
Licensing of dogs.
(1)
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for
any dog under the age of four months that is not at large. A license
shall be renewed after a period of one year beginning with the first
day of the month following the date of issuance. Renewals shall be
for one-year terms.
(2)
Application for a dog license shall be made to the Clerk, or, in
the instance of adoption from the Livingston County Dog Control facility,
an application can be made to a Dog Control Officer from that facility,
and a license issued therefrom.
(3)
The application shall state the sex, actual or approximate year of
birth, breed, color(s), and official identification number of the
dog, and other identification markers, if any, and the name, address,
telephone number, county and town of residence of owner.
(4)
The application shall be accompanied by a license fee as listed below
and a valid certificate of rabies vaccination or statement from a
licensed veterinarian that such vaccination would endanger the dog's
life, in which case vaccination shall not be required. In the case
of a spayed or neutered dog, every application shall also be accompanied
by a certificate signed by a licensed veterinarian showing that the
dog has been spayed or neutered, provided that such certificate shall
not be required if the same is already on file with the Clerk, or,
in the alternative, a sworn affidavit from the owner indicating that
the dog has been spayed or neutered.
(5)
The fees for a dog license shall be as set forth on the fee schedule
adopted by the Town Board from time to time and available in the office
of the Town Clerk.
(a)
There shall be no fee charged for the license issued for any
detection dog, geese dog, guide dog, hearing dog, police work dog,
service dog, therapy dog, war dog or working search dog.
(b)
The Clerk shall be authorized to charge fees to an owner for
reimbursement of any charges incurred by the Town by virtue of any
services provided by a Dog Control Officer in the execution or enforcement
of this article.
(6)
Upon validation by the Clerk (or a Dog Control Officer from the Livingston
County Dog Control facility), the application shall become a license
for the dog described therein. Once an application has been validated,
no refund shall be made.
(7)
The Clerk (or a Dog Control Officer from the Livingston County Dog
Control facility) shall provide a copy of the license to the owner
and retain a record of the license in either paper or electronic format.
(8)
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog. The original issued identification tag shall
remain the same for the life of the dog, excepting that if a tag is
lost or destroyed, the Clerk is authorized to issue a new tag with
a different identification number and the owner shall pay a fee as
designated by the Town for such purpose.
B.
Purebred licenses. The owner of one or more purebred dogs registered
by a recognized registry association as defined in Agriculture and
Markets Law § 108 and set forth in this law may annually
make an application for a purebred license, in lieu of or in addition
to the individual licenses required by this article. A purebred license
shall be valid for a period of one year beginning with the first day
of the month following the date of issuance and shall be renewable
annually thereafter prior to the expiration date.
(1)
The purebred dog license application shall state the name, address
and telephone number of the owner; the county and town where such
dogs are harbored; the sex, breed, registry name and number of each
purebred registered dog over the age of four months which is harbored
on the premises; and the sex and breed of each purebred dog over the
age of four months which is harbored on the premises and which is
eligible for registration. The application shall also include a statement
by the owner that all purebred dogs over the age of four months which
are harbored on the premises have been listed.
(2)
The application shall be accompanied by the purebred license fee
prescribed by this article and a certificate of rabies vaccination
as required by this article and Article 7 of the State Agriculture
and Markets Law.
(3)
Upon receipt of the foregoing items, the Clerk shall assign a license
number, which shall be reserved for the sole use of the named owner,
and shall issue a purebred license. Once a purebred license has been
issued, no refund therefor shall be made.
(5)
No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of Subsection B(1) of this section, except when the new owner holds a valid purebred license.
(6)
The fees for a purebred dog license shall be as set forth on the
fee schedule adopted by the Town Board from time to time, including
a mandatory surcharge as set forth by New York State's Agriculture
and Markets Law for the purposes of carrying out animal population
control efforts, such schedule being available in the office of the
Town Clerk.
C.
Rabies vaccination. The Clerk, at the time of issuing any license
pursuant to this article, shall require the applicant to present a
statement certified by a licensed veterinarian showing that the dog
or dogs have been vaccinated to prevent rabies or, in lieu thereof,
a statement certified by a licensed veterinarian stating that because
of age or other reason, the life of the dog or dogs would be endangered
by the administration of vaccine. The Clerk shall make or cause to
be made from such statement a record of such information and file
such record with a copy of the license.
D.
Enumeration. In addition to other applicable fees, any person applying
for a dog license for a dog identified as unlicensed during an enumeration
shall pay a fee of $5. Such additional fee shall be used to pay the
expenses incurred by the Town in conducting the enumeration. In the
event that the additional fees collected exceed the expenses incurred
by the Town in conducting an enumeration in any year, such excess
fees may be used by the Town for any other lawful purpose.
A.
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, a permanent official identification number. Such
identification number shall be carried by the dog on an identification
tag that shall be affixed to a collar on the dog at all times.
B.
The official identification number shall constitute the official
identification of the dog to which it is assigned, regardless of changes
of ownership, and the number shall not be reassigned to any other
dog during the lifetime of the dog to which it is assigned.
C.
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no charge. Any replacement tag shall
be obtained by the owner at his expense at a fee pursuant to a fee
schedule adopted by the Town Board from time to time and available
in the office of the Town Clerk.
D.
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number has
been assigned.
E.
The identification tag shall be imprinted with the words "Livonia,
NY," a unique identification number, and the telephone number of the
Town Clerk's office.
A.
In the event of a change in ownership of any dog that has been assigned
an official identification number or in the address of the owner of
record of any such dog, the owner of record shall, within 10 days
of such change, notify the Clerk.
B.
If any dog that has been assigned an official identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Clerk.
C.
In the case of a dog's death, the owner of record shall so notify
the Clerk, either prior to renewal of license or upon the time of
such renewal.
It shall be a violation, punishable as provided in § 54-9 of this section, for:
A violation of this article shall be subject to a fine, which
shall not be less than $25, except that:
A.
Where the person was found to have violated this article within the
preceding five years, the fine shall not be less than $50; and
B.
Where the person was found to have committed two or more violations
of this article within the preceding five years, the fine shall not
be less than $100 or imprisonment for not more than 15 days, or both.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall be confined in its operation to the
clause, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
This article shall take effect January 1, 2011, after filing
with the Secretary of State in Albany.
