Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Jerusalem, NY
Yates County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
Zoning Map New Laws (1) Index Notes (9)
Public Documents
Minutes (86)
[HISTORY: Adopted by the Town Board of the Town of Jerusalem as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-2010 by L.L. No. 1-2011[1]]
[1]
Editor’s Note: This local law also repealed former Art. I, Dog License Fees, adopted 10-1-1979, as amended, and provided for an effective date of 1-1-2011.
This article shall be known and may be cited as the "Dog Licensing Law" of the Town of Jerusalem.
All dogs in the Town of Jerusalem, unless otherwise exempted by New York State Agriculture and Markets Law, must be licensed by the Town Clerk of the Town of Jerusalem within four months of the birth of the dog.
A. 
The owner of each dog required to be licensed shall, for new applications and renewal applications, obtain, complete and return to the Town Clerk:
(1) 
A dog license application;
(2) 
The license application fee;
(3) 
Any applicable license surcharges;
(4) 
Such additional fees as may be established by the Town Board of the Town of Jerusalem;
(5) 
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;
(6) 
In the case of a spayed or neutered dog, a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered, provided that such certificate or affidavit shall not be required if the same is already on file with the Town Clerk. In lieu of the spay or neuter certificate, an owner may present a statement certified by a licensed veterinarian stating that he or she has examined the dog and found that, because of old age or other stated reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog.
B. 
In this article, the term "owner" shall include any person who harbors, keeps or has custody, care or control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of the minor's parent or other head of the household where the minor resides. Any person harboring a dog for a period of one week or more shall be presumed to be the owner of the dog for the purpose of this article.
Each dog licensed pursuant to this article 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. No tag carrying an identification number shall be affixed to the collar of any dog other than the dog to which that number has been assigned.
All dog licenses will be for a period of one year and will expire at the end of the month one year from the date of issue.
Any license issued pursuant to this article shall not be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a new license for such dog.
The Town of Jerusalem will issue purebred licenses. The Town Clerk may provide a license, at licensee's expense at the established rate. No tag will be issued for purebred dogs covered by a purebred license, and no such dog is required to have a tag affixed to its collar.
The Town of Jerusalem will not issue a special tag for identifying any guide dog, service dog, hearing dog or detection dog.
The fees and surcharges for issuing dog licenses shall be fixed by resolution of the Town Board. Such fees and surcharges may from time to time be changed as the Town Board may determine. These fees and surcharges may include:
A. 
The license fee for a spayed or neutered dog;
B. 
The license fee for an unspayed or an unneutered dog (such fee having to exceed the fee for a license for a spayed or neutered dog by such amount as mandated by the New York State Agriculture and Markets Law);
C. 
In addition to the license fee authorized by this article and established by the Town Board of the Town of Jerusalem, a surcharge for the issuance of a purebred license (Such surcharge shall be, at a minimum, such amount as mandated by the New York State Agriculture and Markets Law.) for the purposes of carrying out animal population control efforts as provided in the New York State Agriculture and Markets Law;
D. 
In addition to the license fee authorized by this article and established by the Town Board of the Town of Jerusalem, a surcharge if the dog to be licensed is altered (Such surcharge shall be, at a minimum, such amount as mandated by the New York State Agriculture and Markets Law.);
E. 
In addition to the license fee authorized by this article and established by the Town Board of the Town of Jerusalem, a surcharge if the dog to be licensed is not altered (Such surcharge shall be, at a minimum, such amount as mandated by the New York State Agriculture and Markets Law.);
F. 
In addition to the license fee authorized by this article and established by the Town Board of the Town of Jerusalem, a surcharge to recover and defray the cost of an enumeration of dogs living within the Town of Jerusalem.
G. 
In addition to the license fee authorized by this article and established by the Town Board of the Town of Jerusalem, a surcharge offsetting costs associated with the provision and replacement of identification tags.
A. 
Excepted from payment of the license fee are applications submitted for a dog license for any of the following dogs, provided reliable written documentation is provided with such application that certifies such dog as being any of the following:
(1) 
Guide dog;
(2) 
Hearing dog;
(3) 
Service dog;
(4) 
War dog;
(5) 
Working search dog;
(6) 
Detection dog;
(7) 
Police work dog; and
(8) 
Therapy dog.
B. 
A dog participating in a dog show within the Town of Jerusalem shall be exempt, during such participation only, from the requirement, contained in § 56-4 and, if applicable, § 56-4.3 of this article and in § 111, as amended, of the New York State Agriculture and Markets Law, of wearing its identification tag.
C. 
Any dog harbored within the Town of Jerusalem that is owned by a nonresident of New York State and licensed by a jurisdiction outside the State of New York or owned by a resident of New York City or licensed by the City of New York, shall be exempt from the licensing and identification provisions of this article for a period of 30 days.
A violation of this article shall be punishable by:
A. 
A fine of $25 for a first violation;
B. 
A fine of $50 for a second violation within five years of the first violation; and
C. 
Where the person was found to have committed two or more such violations within the preceding five years, either a fine of $100 or imprisonment for not more than 15 days, or both.
[Adopted 10-12-1988]
This article shall be known as the "Jerusalem Dog Control Ordinance."
The purpose and intent of this article shall be to preserve the public peace and good order in the Town of Jerusalem and to contribute to the public welfare and the preservation and protection of the property and the person of the inhabitants of said Town by declaring and enforcing certain regulations and restrictions on activities of dogs and owners of dogs within the Town.
It shall be unlawful for any owner of or any person harboring any dog in the Town of Jerusalem to permit or allow such dog to:
A. 
Run at large unless accompanied by its owner or a responsible person able to control the animal. For the purposes of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by its owner.
B. 
Engage in habitual loud howling or barking or to conduct itself in such manner so as to habitually annoy any person other than the owner or person harboring such dog.
C. 
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such a dog.
D. 
Bite, chase or otherwise harass any person in such a manner as is reasonable to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
E. 
Habitually chase or bark at motor vehicles.
It shall be unlawful to keep more than four animals, four months of age or older, on any premises, regardless of the number of owners, unless there is a purebred license for that premises or the premises had more than four licensed dogs prior to November 1, 1988.
It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to the premises of such person during such period.
A Dog Control Officer to be designated by the Town Board as provided by § 114 of the Agriculture and Markets Law[1] may enforce the provisions of this article and may also investigate and report to a Justice of the Peace of the Town of Jerusalem any dangerous dog as described in § 121 of the Agriculture and Markets Law[2] and see that the order or orders of the Justice of the Peace in such case are carried out.
[1]
Editor’s Note: See now Agriculture and Markets Law § 113.
[2]
Editor’s Note: See now Agriculture and Markets Law § 123.
Any peace officer or the Dog Control Officer of the Town shall seize any dog found at large not wearing the license tag required by Article 7 of the Agriculture and Markets Law of the State of New York.
Any person who observes a dog causing damage or destruction to property of a person other than its owner, committing a nuisance upon the premises of a person other than its owner or in violation of § 56-7B of this article may file a signed complaint, under oath, with a Justice of the Peace of the Town of Jerusalem specifying the objectionable conduct of the dog, the date thereof, the damage caused or violation, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.
Upon receipt by the Justice of the Peace of any complaint, in writing, against the conduct of any particular dog, the Justice of the Peace must summon the alleged owner or other person harboring said dog to appear in person before him; if the summons is disregarded, the Justice must permit the filing of an information and issue a warrant for the arrest of such person.
A. 
Every dog seized shall be properly fed and cared for at the expense of the Town of Jerusalem 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.
B. 
If the dog seized bears a license tag, the Dog Control Officer shall ascertain the owner of the dog and shall give immediate notice by personally serving such owner or an adult member of his family with a notice, in writing, stating that the dog has been seized and will be destroyed unless redeemed as herein provided.
C. 
The owner of a dog so seized may redeem the dog within seven days, except that the owner of a dog bearing a license tag may redeem the dog within 12 days by paying to the Town Clerk the reasonable cost of feeding and caring for such dog and the sum of $5 as the cost of the seizure.
D. 
If not so redeemed, the owner shall forfeit all title to the dog, and the dog shall be sold or destroyed by the Dog Control Officer. In the case of sale, the purchaser must pay the purchase price to the Town Clerk and obtain a license for such dog. The Dog Control Officer who destroys a dog shall immediately dispose of the carcass and make a written report of such destruction and disposition to the Clerk, who shall keep a record thereof.
[Amended 12-29-1992 by L.L. No. 3-1992]
Any person who violates this article or knowingly permits the violation of this article or of any of the provisions thereof shall be deemed to have committed an offense against this article, and any person convicted of any such violation after investigation and hearing shall be liable to a fine of not more than $25, except that, where the person was found to have violated this article or Article 7 of the Agriculture and Markets Law within the preceding five years, the fine may be not more than $50; where the person was found to have committed two or more such violations within the preceding five years, such person shall be punishable by a fine of not more than $100 or imprisonment for not more than 15 days, or both.