[Adopted 10-9-2000 by L.L. No. 4-2000]
This article shall be known as the "Control
of Nuisance Dog Law."
As used in this article, the following terms
shall have the meanings indicated:
DANGEROUS DOG
Any dog which attacks any person or domestic animal within
the meaning of Article 7 of the Agricultural and Markets Law of the
State of New York. Such dog shall be dealt with in accordance with
Article 7 of the Agricultural and Markets Law.
DOG
Includes both male and female dogs whether spayed or neutered,
or not.
OWNER
Any person, family, entity or business who owns, keeps, harbors,
or has the care, custody or control of a dog. Dogs owned by minors
shall be deemed to be in the custody and control of the minor's parents,
guardian or head of the household where the minor resides.
RESTRAINT
A dog is to be considered under restraint when it is as follows:
A.
Controlled by a leash; or
B.
In the presence of a competent person and obedient
to that person's command; or
C.
Within the property limits of the owner or on
the premises of another with the consent of that person; or
D.
On or within the owner's vehicle being driven
or parked by the street.
An owner shall forfeit title to any dog unredeemed
by the expiration of the appropriate redemption period, and it may
be kept for six days, with no liability to the Town of Athens. On
the seventh day, the dog will be put up for adoption in accordance
with Agriculture and Markets Law provisions.
The owner or harborer of any dog destroyed under
the provisions of this article, whether destroyed by the Dog Control
Officer, peace officer or released to an authorized humane society
or veterinarian, shall not be entitled to any compensation, and no
action will be maintainable thereafter to recover the value of such
dog or any other type of damage.
The provisions of Article 7 of the Agriculture
and Markets Law of the State of New York are deemed incorporated in
this article as if fully set forth herein. Any state law which is
inconsistent with this article shall be superseded by the provisions
hereof to the extent of its inconsistency, except where supersession
is restricted by law.
[Adopted 12-20-2010 by L.L. No. 2-2010]
The purpose of this article is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of persons and property within the Town
of Athens. All owners of dogs who are permanent residents of the Town
of Athens shall license their dogs in the Town of Athens. Owners of
dogs whose permanent place of residence is outside the boundaries
of the Town of Athens shall be required to show proof of dog licensing
when and if so needed. Such owners are subject to be in compliance
with any and all local laws pertaining to dogs.
As used in this article, the following terms shall have the
meanings indicated:
CLERK
The Clerk of the Town of Athens where licenses are validated
or issued pursuant to this article.
DOG
Any member of the species Canis familiaris.
DOG CONTROL OFFICER
Any individual(s) appointed by the Town Board of the Town
of Athens to assist in the enforcement of this article and of Article
7 of the Agriculture and Markets Law or any authorized officer, agent
or employee of an incorporated humane society or similar incorporated
dog protective association under contract with the Town of Athens
to assist in the enforcement of this article.
HARBOR
To provide food or shelter to any dog.
IDENTIFICATION TAG
A tag issued by the licensing agent of the Town of Athens
which sets forth an identification number, together with such other
information as the licensing municipality deems appropriate.
IDENTIFIED DOG
Any dog carrying an identification tag as required by this
article.
OWNER
Any person who harbors or keeps any dog.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant
to this article, except that if any license is issued on application
of a person under 18 years of age, the owner of record shall be deemed
to be the parent or guardian of such person.
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.
An owner shall forfeit title to any dog unredeemed by the expiration
of the appropriate redemption period, and it may be kept for six days,
with no liability to the Town of Athens. On the 7th day, the dog will
be put up for adoption in accordance with the Agriculture and Markets
Law provisions.
The owner or harborer of any dog destroyed under the provisions
of this article, whether destroyed by the Dog Control Officer, peace
officer or released to any authorized humane society or veterinarian,
shall not be entitled to any compensation, and no action will be maintainable
thereafter to recover the value of such dog or any other type of damage.