[Adopted 3-19-2004 by L.L. No. 1-2004]
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:
AT LARGE
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.
DOG
Shall refer to both male and female dogs except where the
context requires otherwise.
DOG CONTROL OFFICER
Any individual appointed by the County of Livingston to assist
in the enforcement of this article.
HARBOR
To provide food or shelter to any dog.
OWNER
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:
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.
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.
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]
The following definitions shall apply to the licensing requirements of this Article
II:
ADOPT
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.
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 thereafter amended.
BE AT LARGE
To be in a public place or on private land without the knowledge,
consent, and approval of the owner of such lands.
CLERK
The Town Clerk, or Deputy Town Clerk, of the Town of Livonia,
by whom licenses are to be validated or issued.
DOG
Shall refer to both male and female dogs except where the
context requires otherwise.
DOG CONTROL OFFICER
Any individual appointed by the County of Livingston or the
Town of Livonia to assist in the enforcement of this article.
DETECTION DOG
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.
GEESE DOG
Any dog that is trained to aid the Animal/Dog Control Officer
in the control of geese within the boundaries of the Town.
GUIDE DOG
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.
HARBOR
To provide food or shelter to any dog.
HEARING 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.
IDENTIFICATION TAG
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
OWNER
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).
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant
to this article.
PERSON
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
POLICE WORK DOG
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.
RESIDENT
(A person) An individual who maintains a residence within
the Town of Livonia, County of Livingston, State of New York.
SERVICE DOG
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.
THERAPY DOG
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.
TOWN
The Town of Livonia, including incorporated areas.
WAR DOG
Any dog which has been honorably discharged from the United
States Armed Services.
WORKING SEARCH DOG
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.
It shall be a violation, punishable as provided in §
54-9 of this section, for:
A. Any owner to fail to license a dog.
B. Any owner to fail to have any dog identified as required by this
article.
C. Any person to knowingly affix to any dog any false or improper identification
tag or special identification tag for identifying guide, service or
hearing dogs.
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.