[HISTORY: Adopted by the Town Board of the
Town of Ellicott 2-1-1995 by L.L. No. 1-1995; amended in its entirety 7-18-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
The purpose of this article is to establish a procedure for
the licensing of dogs within the boundaries of the Town of Ellicott
pursuant to § 110 of the Agriculture and Markets Law of
the State of New York.
A.Â
License required. All dogs in the Town of Ellicott must be licensed
with the Town Clerk by the age of four months. The owner of the dog
must present a current certificate of rabies vaccination at the time
of making an application for a license or the renewal of an existing
license.
B.Â
Term of license. Dogs may be licensed for terms of one, two or three
years. The license expires one, two or three years from the date of
licensing on the last day of the month.
C.Â
License fees. The fee for licensing a spayed or neutered dog shall
be $10 for a one-year license, $20 for a two-year license and $30
for a three-year license. The fee for an unspayed/unneutered dog shall
be $18 for a one-year license, $36 for a two-year license and $54
for a three-year license. Such fees shall be reviewed by the Town
Board periodically and may be changed by resolution of the Board as
deemed necessary; however, no increase in fees shall apply to a dog
already licensed. No refunds shall be made to any owner on account
of the death of the dog or relocation out of the Town.
D.Â
Grace period. Any dog that is properly registered in another jurisdiction
in New York State shall be exempt from registration in the Town of
Ellicott until the expiration of the previous license. Any dog that
is properly registered outside of New York State shall be exempt from
registration in the Town of Ellicott for a period of 30 days.
F.Â
Service dogs. The Town shall require a license and rabies vaccination
for any guide dog, service dog, hearing dog or detection dog. The
license fees will be waived as those terms are defined in the New
York State Agriculture and Markets Law.
G.Â
Purchase of licenses. All dog licenses shall be purchased in person
at the Town offices or by regular mail.
Failure to relicense a previously licensed dog within 60 days of the expiration of the former license shall constitute a violation and subject the owner to the penalties under § 39-9.
A.Â
The Town of Ellicott Board finds that the uncontrolled behavior of
licensed and unlicensed dogs also farm animals and companion/pet animals
has created a nuisance and quality of life issues in the Town. The
purpose of this chapter is to protect the health, safety, quality
of life and well-being of persons and property by imposing restrictions
on the keeping of dogs, farm animals and companion/pet animals within
the Town, outside of the Villages of Celoron and Falconer.
B.Â
This chapter is in addition to, and not in place of, any other laws,
rules or regulations applying to the keeping of dogs, farm animals
and companion/pet animals.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes every living creature except a human being.
Off the premises of the owner or out of the control of the
owner.
Any dog or cat, and shall also mean any other domesticated
animal normally maintained in or near the household of the owner or
person who cares for such other domesticated animal.
On a leash or lead of a reasonable length, or unleashed,
within a reasonable distance from the owner, and responding to the
commands of that person. Fenced/caged or contained in some manner.
Which, when unprovoked, approaches a person, dog companion/pet
animal or farm animal in a vicious or terrorizing manner in an apparent
attitude of attack off the premises of the owner.
With a known propensity, tendency or disposition to attack,
cause injury to, or endanger the safety of human beings, farm animals
or companion/pet animals.
For the purposes of this definition, a "known propensity" shall
be found if the dog has attacked, caused injury to or endangered the
safety of human being, companion/pet animals and farm animals on one
prior occasion.
Which bites, inflicts injury upon, assaults or otherwise attacks
or endangers a human being, companion/pet animal or farm animal off
the premises of the owner.
Any individual or police officer appointed by the Town to
assist in the enforcement of this chapter and Article 7 of the Agriculture
and Markets Law, or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated animal protection
association under contract with the Town of Ellicott to assist in
the enforcement of this chapter and Article 7 of the Agriculture and
Markets Law.
Both male and female canines.
Any ungulate, poultry, species of cattle, sheep, swine, goats,
llamas, horses or fur-bearing animals as defined in Section 11-1907
of the Environmental Conservation Law.
Barking, howling, whining or other frequent or continued
sound that reasonably disturbs the comfort or repose of any other
person located off of the premises of the owner.
Any person owning, keeping, harboring or having the care,
custody or control of any dog, companion/pet animal or farm animal
and when such owner shall be a child under the age of 18 years, the
head of the household in which the child resides shall be deemed to
be the owner of such dog, companion animal or farm animal for the
purposes of this chapter.
In any enforcement proceeding hereunder, it shall be presumed
that an at-large dog, companion/pet animal or farm animal on the premises
of one, other than its owner is there without the consent of the owner
of such premises, unless the owner of the dog, companion/pet animal
or farm animal proves such consent.
Every act, omission, or neglect, whereby unjustifiable physical
pain, suffering or death is caused or permitted.
The physical boundaries of the Town of Ellicott, not including
the incorporated Villages of Celoron and Falconer.
A.Â
No dog, companion/pet animal or farm animal shall be permitted to
be at large or allowed to run at large within the Town, except that
a dog, companion/pet animal or farm animal may be upon the property
of the owner or private property or premises of another only with
the knowledge, consent and approval of the owner of such premises,
and further excepting that a dog duly licensed and wearing a collar
and license, as required by Article 7 of the Agriculture and Markets
Law of the state, may be upon a public way or public recreation area,
provided that such dog is then and there under the control of the
owner.
B.Â
No owner shall permit or suffer a dog, companion/pet animal or farm
animal to damage or destroy property, of any kind, of another person
or to attack, threaten, intimidate, or bite any person peaceably conducting
himself or herself in any place where such person may lawfully be,
or to attack, chase, injure or kill any dog companion/pet animal or
farm animal of another person when such animal is in any place where
it may lawfully be. When any dog, companion/pet animal or farm animal
is at large contrary to the provisions of this chapter and commits
any such acts, the owner shall be deemed to have permitted the animal
to have committed such acts.
C.Â
It shall be unlawful for any owner of a dog, companion/pet animal
or farm animal in the Town to permit or allow such dog, companion/pet
animal or farm animal to:
(1)Â
Cause noise.
(2)Â
Uproot, dig or otherwise damage any garden, lawn, flowers, or other
property without the consent or approval of the owner thereof.
(3)Â
Chase, jump upon or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury.
(4)Â
Defecate, urinate or dig on public property or on private property
without the consent or approval of the owner of such property.
D.Â
Keeping of dogs, companion/pet animals or farm animals shall be provided
with adequate food, water and shelter from the elements. Such shelter
shall be kept reasonably free of debris, mud and animal waste.
E.Â
Dangerous dog, companion/pet animal or farm animal:
(1)Â
The owner of a dog, companion/pet animal or farm animal which has
attacked or injured another person or dog, companion/pet animal or
farm animal shall confine such animal for such length of time as may
be directed by the Dog Control Officer, judge, or other law officer
for the purpose of determining whether such animal is affected by
rabies, and if so affected, such animal shall be destroyed under the
direction of the Dog Control Officer/police officer.
(2)Â
The owner of any dangerous dog, companion/pet animal or farm animal
shall not thereafter permit such animal to be off the premises of
the owner unless such animal is leashed/controlled or securely fitted
with a properly fitting muzzle of a type which shall not permit such
animal to bite another person, dog, companion/pet animal or farm animal.
A.Â
Any violation of this chapter shall be deemed an offense punishable
by a fine as follows:
B.Â
Any penalty imposed under Article 7 of the New York State Agriculture
and Markets Law which is more stringent shall apply to violations
of this chapter.
C.Â
If any dog which is the subject of a complaint brought under this
chapter is found to be unlicensed, the owner shall be required to
license the dog in accordance with the New York Agriculture and Markets
Law. The costs of licensing shall be in addition to any fine or penalty
imposed hereunder.
D.Â
The Dog Control Officer or any police officer may seize any dog found to be in violation of this chapter or in violation of the provisions of Article 7 of the Agriculture and Markets Law for the purpose of protection of the dog, protection of the general public, or elimination of an ongoing violation. Any dog so seized may be impounded, redeemed, euthanized or sold as provided in Section 118 of the Agriculture and Markets Law of this state, and the owner of such dog shall pay the costs of such seizure and impoundment as provided therein. The costs of seizure shall be in addition to the fines under Subsection A herein.
E.Â
Within this section, each separate offense shall constitute a separate
violation. The provisions hereof are in addition to the regulations,
restrictions, requirements and penalties contained in Article 7 of
the Agriculture and Markets Law of the State of New York.
