[HISTORY: Adopted by the Town Board of the Town of Macedon as indicated in article histories. Amendments noted where applicable.]
Article I Dog Licensing and Control
[Adopted 12-9-2010 by L.L. No. 1-2010]
Editor's Note: This article also amended in its entirety former Ch. 38, Animals, comprised of Art. I, Dog Control, adopted 9-13-1978, and Art. II, Dog License Fees, adopted 4-26-1990. Local Law No. 1-2010 provided an effective date of 1-1-2011.
This article shall be known as the "Dog Licensing and Control Ordinance" of the Town of Macedon, Wayne County, New York.
The purpose of this article shall be to preserve the public peace and good order in the Town of Macedon and to contribute to the public welfare, safety and good order of its people by establishing certain regulations providing 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.
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
All terms not specifically defined herein shall have the meaning assigned to such terms within § 108 of the New York Agriculture and Markets Law.
As used in this article, the following terms shall have the meanings indicated:
- The delivery of any dog, seized or surrendered, to any natural person 18 years of age or older, for the limited purpose of harboring as a pet.
- 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 and as thereafter amended.
- AT LARGE
- An unleashed dog off the premises of the owner.
- The Clerk of the Town of Macedon.
- DANGEROUS DOG
- Any dog which:
- (1) Without justification attacks a person, companion animal, farm animal, or domestic animal, as such animals are defined under the New York Agriculture and Markets Law, and causes physical injury or death; or
- (2) Behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals; or
- (3) Without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death. Does not include a police work dog which acts in the manner described in this definition while such police work dog is being used to assist one or more law enforcement officers in the performance of their official duties.
- Any member of the species canis familiaris.
- DOG WARDEN or DOG CONTROL OFFICER
- A person or persons appointed by the Town Board of the Town of Macedon to assist in the enforcement of this article, and for the purposes of and during the enforcement of this article only, such a dog warden is deemed to be a peace officer.
- To bring about death by a humane method.
- To provide food or shelter to any dog.
- IDENTIFICATION TAG
- A tag issued by the Town Clerk which sets forth the identification number, together with the name of the Town and state, the telephone number of the Town Clerk, and any other information deemed necessary by the Town Clerk.
- LEASHED or RESTRAINED BY A LEASH
- The dog is equipped with a collar or harness to which is attached a leash, such collar or harness and the leash to be of sufficient strength to restrain the dog, and which leash shall be held by a person having the ability to control and restrain the dog by means of the collar or harness and the leash.
- Includes any person who owns, keeps, harbors or has the care, custody and control of a dog. Dogs owned by persons under the age of 18 shall be deemed to be in the custody and control of parents or other head of the household where the minor resides.
- Three or more dogs running together or in any manner forming a group of dogs.
- POLICE WORK DOG
- Any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.
- RECOGNIZED REGISTRY ASSOCIATION
- Any nationally recognized breed association qualifying under Article 7 of the New York Agriculture and Markets Law.
- UNDER VOICE CONTROL
- The dog is no more than 40 feet distant from the person in control of the dog and the dog has been fully trained to obey commands of said person to heel.
- WAR DOG
- Any dog which has been honorably discharged from the United States armed services.
Licensing of dogs. All dogs within the Town of Macedon 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 of Macedon. 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. In the case of a spayed or neutered dog, each application shall 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. Each license issued shall be valid for a period of one year and shall be renewable yearly thereafter on the anniversary date of the original license. This license shall not be transferable.
Purebred licenses. The owner of one or more purebred dogs registered by a recognized registry association may annually make application for a purebred license, in lieu of or in addition to the individual licenses required by this article. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk a dog purebred license application together with the license application fee, any applicable license surcharges, and such additional fees as may be established by the Town of Macedon. 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. In the case of a spayed or neutered dog, each application shall 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. Each license issued shall be valid for a period of one year and shall be renewable yearly thereafter on the anniversary date of the original license. This license shall not be transferable.
Animal shelters. Dogs of any age held at a shelter pursuant to a contract or agreement with the Town of Macedon, humane society or dog protective association are exempt from the licensing requirements set forth herein. The Town of Macedon does not allow the licensing of dogs by a shelter. Shelters shall send all dog owners to the Clerk of the town in which the dog will be harbored for licensing. Shelters also will provide written notice of individuals adopting dogs from their facility for harboring within the Town of Macedon to the Town Clerk, and such list shall be provided no less frequently than monthly.
Identification of dogs.
The Town Clerk shall assign a Town identification number to a dog when it is first licensed. Such identification number shall be carried by the dog on an identification tag which shall be affixed to the collar of the dog at all times.
An identification tag is not required to be worn while a dog is participating in a dog show.
The official identification number shall constitute the official identification of the dog to which it is assigned.
No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which the number has been assigned.
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no additional charge. Any replacement tag shall be at the owner's expense, the charge to be determined by the Town.
Grace period. A dog harbored within the Town of Macedon 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 be exempt from the licensing and identification provisions herein.
Change of ownership; lost or stolen dogs. In the event of a change in the ownership of any dog licensed by the Town of Macedon, or change in address of the owner of record of any such dog, or in the event that any such dog has been lost or stolen, within 10 days of such change, the owner shall file a written report of such change with the Town Clerk.
General. All dogs in the Town of Macedon are hereby required to be restrained by a leash while off the owner's premises, whether such dogs are or are not tagged or licensed; provided, however, that dogs are permitted to be unleashed while off the owner's premises when under voice control of its owner or any member of the owner's household or when on the premises of another person with such person's consent or when hunting in company with a hunter or hunters, and no person who owns, keeps, harbors or has the care, custody or control of any dog in the Town of Macedon shall permit such dog to be at large or unleashed in said Town, except as permitted by this article.
Dangerous dogs. The owner of any dog which is vicious or dangerous to persons shall at all times restrain and control such dog so as to prevent injury to persons lawfully conducting themselves, and so as to prevent such dogs from putting any person lawfully conducting himself in fear of immediate bodily harm. The owner shall also restrain and control such dog so as to prevent it from running at large with a pack of other dogs and from chasing automobiles, moving vehicles, other animals and children.
Female dogs. Any female dog shall be confined to the premises of the owner while such female dog is in season.
Nuisance. The owner of a dog shall not permit such dog, even though leashed, to commit any nuisances within the Town of Macedon. The following are declared public nuisances and are set forth herein for explanatory purposes only and are not to be considered as excluding other types of nuisances:
Engaging in loud howling, whining or habitual barking or so conducting itself so as to disturb the public peace.
Chasing and/or barking at moving vehicles or persons on foot or bicycle.
Jumping upon any person or knocking any person over.
Being found upon any school grounds or upon a playground during the time of year and time of day when said playground activities are conducted.
Running together in a pack or in any manner forming a pack of dogs.
Property damage. The Owner of a dog shall not permit such a dog, even though leashed, to do any of the following acts:
Enter public buildings, restaurants, stores or cemeteries, except service animals properly trained to assist disabled persons when such dogs are necessary and actually being used by such disabled persons for the purposes of aiding them.
Damage or deface property not belonging to the owner of the dog.
Deposit waste or commit a nuisance on the private property of a person or party other than that of the owner of the dog.
Waste on public property. Any person owning, harboring, walking or in charge of a dog that defecates on any park or property owned by the Town shall remove all feces immediately after it is deposited by the dog. All feces removed in accordance with this section shall be disposed of in a sanitary manner. This section shall not apply to any blind person accompanied by a guide dog or to a dog used to assist any other physically handicapped person.
Any peace officer or Dog Warden of the Town of Macedon shall have authority to administer and enforce the provisions of this article, and for that purpose shall have the authority to issue appearance tickets and to seize dogs, either on or off of the owner's premises.
Any peace officer or Dog Warden of the Town of Macedon shall seize any dog:
Found at large not wearing the identification tag required under Article 7 of the New York Agriculture and Markets Law or any dog in violation of § 38-5 of this article; or
Which poses an immediate threat to public safety.
Every dog so seized shall be properly fed and cared for at the owner's expense 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 and provisions of this article.
If any dog is in violation of § 38-5 or § 38-6 or § 38-7 and the dog is wearing a license tag, the Dog Warden or peace officer shall make good faith efforts to ascertain the owner of the dog and give immediate written notice to the owner, or an adult member of the family, stating that the dog is in violation of this article and will be seized unless the situation is rectified or unless the court shall rule otherwise. Alternatively, the Dog Warden or peace officer may seize any dog found in violation of § 38-5 or § 38-6 or § 38-7 and shall give immediate written notice of such seizure to the owner or adult member of the family.
Each dog seized which is not identified, whether or not licensed, shall be held for a period of five days from the day seized during which period the dog may be redeemed by its owner, provided that such owner produces to the Town Clerk proof the dog is licensed and identified and pays a fee of $20 for the first impoundment; a fee of $40 for the second impoundment; and a fee of $70 for the third and subsequent impoundments, plus any applicable license surcharges. Fees also must be paid to the Town Clerk for the cost of the seizure and then-current rate per day charged by the impoundment facility to defray the cost of feeding and maintaining said dog.
If an owner is entitled to redeem a dog pursuant to Subsection E above, and is not redeemed, the owner shall forfeit all title to the dog, and the dog shall be put up for adoption or caused to be destroyed by the impoundment facility. The impoundment facility that destroys the dog shall immediately dispose of the same and make a monthly written report of such destruction and disposition to the Town Clerk, who shall keep a record thereof.
Potentially rabid dogs.
The Dog Warden or any peace officer is hereby authorized to seize or direct the confinement of any dog which is reported to have attacked or injured a human being. Any such dog shall be confined by the owner for such length of time as may be necessary for the purposes of determining whether such dog is affected by rabies, and if so affected, it may be destroyed.
The owner of such dog shall, upon demand, deliver the possession of such dog to the Dog Warden, or any officer authorized to seize the same, and shall, upon demand, pay to the Town of Macedon the cost of such confinement and treatment or destruction of the dog.
Any person who observes or has knowledge of a dog violating any section of this article may file a complaint under oath with the Justice of the Town of Macedon specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog, and the name and address, if known, of the owner or other person harboring the dog.
Upon receipt by said Justice of any complaint against the conduct of any particular dog, said Justice may summon the alleged owner or other person harboring said dog to appear in person before him or her; if the summons is disregarded, said Justice may permit the filing of an information and issue a warrant for the arrest of such person.
The Animal Control Officer shall make and maintain a complete record of any seizure and subsequent disposition of any dog. Such record shall include, but not be limited to, a description of the dog, the date and hour of seizure, the municipal identification number of the dog (if any), the location where seized, the reason for the seizure and the owner's name and address, if known.
Any Justice of the Town of Macedon shall have jurisdiction of all actions and proceedings hereunder and of all prosecutions for the violation of this article.
The violation of any provision of this article shall be deemed an offense under this article, and each separate offense shall constitute a separate additional violation. Any person convicted of a violation of this article shall be liable for a fine of not less than $25 for a first violation; not less than $50 for a second violation; and not less than $100 for each subsequent violation. The provisions hereof are in addition to the regulations, restrictions, requirements and penalties contained in Article 7 of the New York Agriculture and Markets Law.
Fees shall be set by resolution of the Town Board of the Town of Macedon. Pursuant to New York Municipal Home Rule Law § 10 and New York Agriculture and Markets Law § 110, by the adoption of this article, the Town of Macedon, County of Wayne, hereby authorizes the Town Board of the Town of Macedon, County of Wayne, to establish, by resolution, a schedule of dog license fees, enumeration fees and tag replacement fees. The Town Board of the Town of Macedon, County of Wayne, may exercise this authority as needed hereafter by resolution.
The provisions of this article are declared to be severable, and if any section, subsection, sentence, clause or part thereof is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses or part of this article.