Town of Naples, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Naples as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-9-1996 by L.L. No. 3-1996; amended in its entirety 12-13-2010 by L.L. No. 5-2010[1]]
[1]
Editor's Note: This local law also provided that it superseded the provisions of the Agricultural and Markets Law to the extent inconsistent with this local law and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law or any other statute determined to be in conflict with the dog licensing provisions hereof.

§ 56-1 License required; application requirements.

A. 
All dogs harbored in the Town of Naples shall be licensed with the Town Clerk of the Town of Naples by the age of four months. Any dog owned by an individual who relocates to the Town of Naples from outside the Town shall register or license such dog within 30 days of taking up residence in the Town, regardless of whether such dog was previously licensed elsewhere. If previously licensed in the State of New York, no fee shall be collected until the existing license is required to be renewed. The individual licensing a dog shall present a current certificate of rabies vaccination at the time of licensing or the renewal of any previously issued license. Licenses issued for dogs less than one year of age shall be for a maximum period of one year. Licenses issued for dogs over one year of age may be for a period of up to three years, but in no event for a period expiring after the last day of the 11th month following the expiration date of the current rabies certificate for the dog being licensed. In the event that an applicant for a license presents a statement certified by a licensed veterinarian in lieu of a rabies certificate, a license shall be issued or renewed for a period of one year from the date of said statement.
B. 
The application shall state the sex, actual or approximate age, breed, color, and municipal identification number of the dog, and other identification marks, if any, as well as the name, address, telephone number, county and town, city or village of residence of the owner.
C. 
Except as otherwise provided herein, the definitions found in Article 7 of the Agriculture and Markets Law of the State of New York shall be applicable to the provisions hereof.

§ 56-2 Procedure and fees.

A. 
Fees for licensing of dogs. The fees for licensing of dogs shall be established by resolution duly adopted by the Town Board and may be so amended from time to time. The total fee for an unspayed or unneutered dog shall be at least $5 more than the total fee for a spayed or neutered dog. In addition to the license fee established hereby, each applicant for a dog license shall pay a surcharge of $1 if the dog to be licensed is spayed or neutered, or a fee of $3 if the dog sought to be licensed is unspayed or unneutered.
B. 
Enumeration fee. When the Town Board determines the need for a dog enumeration, a fee of $25 shall be assessed for any dog determined to be unlicensed or with a license expired for over 30 days at the time the enumeration is conducted.
C. 
The Town of Naples will not require a license fee for any certified guide dog, service dog, hearing dog, war dog, search dog, therapy dog, detection dog or K-9 dog kept or maintained for any police agency. Such dogs shall be licensed without such fee. The license shall designate the dog's status.
D. 
Dog licenses shall be purchased from the Town Clerk. In the event of licensing or renewal of a license by mail, the appropriate fee must accompany the license application form, as well as the certificate of rabies vaccination.
E. 
Licensing fees are to be applied to funding the administration of the Animals Chapter of the Code of the Town of Naples.

§ 56-3 Penalties for offenses; enforcement.

A. 
Enforcement; penalties. Any person convicted of a violation of this article shall be liable for a civil penalty of a maximum of $50 for a first violation; of a maximum of $75 for a second violation; and of a maximum of $100 for any subsequent violation. Any fines or penalties imposed pursuant to this article shall be the responsibility of the owner of the dog, as that term is defined in § 56-9 of this chapter.
B. 
The provisions hereof shall be enforced by such individual or agency as is so designated by motion duly adopted by the Naples Town Board.

§ 56-4 through § 56-5. (Reserved)

[Adopted 5-10-1999 by L.L. No. 1-1999]

§ 56-6 Short title.

This article shall be known as the "Town of Naples Dog Control Law."

§ 56-7 Legislative purpose and intent.

The Town Board of the Town of Naples finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has created a risk of physical harm to persons, damage to property and nuisances within the town. The purpose and intent of this article is to preserve the public peace and good order in the Town of Naples and to contribute to the public welfare, 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.

§ 56-8 Legislative authority; conflicts with other provisions.

A. 
This article is enacted pursuant to the provisions of § 124 of the Agriculture and Markets Law of the State of New York.
B. 
In the event that any provision hereof is determined to be in conflict with any law, statute, rule or regulation promulgated by the State of New York, such law, statute, rule or regulation shall take precedence over the contents hereof.

§ 56-9 Definitions.

A. 
As used in this article, the following words shall have the following respective meanings:
DOG
Male or female, licensed or unlicensed, members of the species Canis familiaris.
OWNER
Person entitled to claim lawful custody and possession of a dog and who is responsible for purchasing the license for such dog, unless the dog is or has been lost and such loss was promptly reported to the dog warden and a reasonable search has been made. If a dog is not licensed, the term "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any dog which is kept, brought or comes within the town. Any person keeping or harboring a dog for a period of two weeks prior to the filing of any complaint charging a violation of this article shall be held, deemed and presumed to be the owner of such dog for the purpose of this article. In the event that the owner of any dog found to be in violation of this article shall be under 18 years of age, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of the said dog and violation of this article.
PUBLIC PLACE
Any street, sidewalk, park, school grounds with building or other buildings or lands owned or controlled by the United States of America, any agency or branch thereof, the State of New York or any agency or administration thereof, or any political subdivision thereof.
RUNNING AT LARGE
To be in a public place or on private lands without the consent or approval of the owner and/or lawful occupant of such lands.
TOWN
Town of Naples.
B. 
Unless specifically indicated otherwise, words used in the singular sense shall include the plural sense, and words used in the plural sense shall include the singular sense.
C. 
The definition and interpretation of any other terms contained herein shall be the same as said terms are defined and interpreted in the New York State Agriculture and Markets Law.

§ 56-10 Restrictions.

[Amended 7-14-2008 by L.L. No. 1-2008]
No person being the owner, agent or harborer of any dog shall permit or allow such dog, within the Town of Naples outside the Village of Naples, to:
A. 
Run at large, unless on the dog owner’s property or accompanied by its owner or a responsible person with the capacity to control the dog. For the purpose of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as being accompanied by the owner.
B. 
Engage in howling or barking, in such manner as to make unreasonable noise and thereby disturb the public peace, cause public inconvenience, public annoyance or public alarm.
C. 
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring the dog.
D. 
Bite, chase or otherwise harass any person in such a manner as would reasonably cause intimidation or put such person in reasonable apprehension of bodily harm or injury.
E. 
Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles while on a public street, highway or place, or upon private property without the consent or approval of the owner of such property.
F. 
Be off the owner’s premises, if it be a female dog in heat.

§ 56-11 Enforcement by Dog Control Officer.

[Amended 7-14-2008 by L.L. No. 1-2008]
The Dog Control Officer of the Town of Naples, the Constable of the Town of Naples and any peace officer or police officer employed by an agency having jurisdiction within the Town of Naples shall have the authority to enforce the provisions of this article and may also investigate and file complaints with the Town Justice of the Town of Naples with respect to any dangerous dog, as defined in § 121 of the Agriculture and Markets Law of the State of New York.

§ 56-12 Seizure of dogs at large.

Any person so authorized pursuant to Article 7 of the Agriculture and Markets Law of the State of New York may seize any dog found at large within the Town of Naples.

§ 56-13 Complaint.

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 otherwise violating the provisions hereof may file a signed complaint with the Dog Control Officer of the Town of Naples specifying the objectionable conduct of the dog, the date thereof, the damage caused or violation, a description of the dog, and name and residence, if known, of the owner or other person harboring said dog. Such complaint may serve as the basis for enforcing the provisions of this article by the Dog Control Officer.

§ 56-14 Enforcement procedure.

[Amended 7-14-2008 by L.L. No. 1-2008]
Any violation of the provisions hereof shall be subject to prosecution pursuant to the Criminal Procedure Law of the State of New York and is designated as a “violation” as defined by § 10.00.3 of the Penal Law of the State of New York.

§ 56-15 Care and redemption of impounded dogs.

[Amended 7-12-1999 by L.L. No. 3-1999]
A. 
Every dog seized shall be properly fed and cared for 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 so 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 disposed of pursuant to law unless redeemed as herein provided.
C. 
The owner of the dog so seized may redeem the dog within the time limits specified by § 118 of the Agriculture and Markets Law of the State of New York by paying the prescribed impoundment fees.
D. 
If not so redeemed, the owner shall forfeit all title to the dog, and the dog shall be made available for adoption or, if not adopted, euthanized in accordance with law.

§ 56-16 Penalties for offenses.

[Amended 7-12-1999 by L.L. No. 3-1999]
A. 
A violation of this article shall constitute a "violation" as defined in the Penal Law of the State of New York and shall be punishable by a fine not exceeding $250 or by a sentence of imprisonment not exceeding 15 days, or by both such fine and imprisonment.
B. 
In the event of a continuous or ongoing circumstance which constitutes a violation of this article, each day that such circumstance continues or is ongoing shall constitute a separate offense of this article and may be penalized as a separate offense.
C. 
The seizure of a dog shall not relieve any person from prosecution pursuant to this article.