[Adopted 9-9-1996 by L.L. No. 4-1996]
The Dogs Ordinance heretofore adopted by the Village of Depew, during the 1988 recodification of the Village Code, and known as "Article II of Chapter 54 of the Village of Depew Municipal Code,"[1] is hereby repealed effective upon adoption of this article.
[1]
Editor's Note: Chapter number reference is to the 1971 Code.
A. 
No person owning a dog, whether licensed or not, shall permit the same at any time to be at large within the Village of Depew, unless such dog is effectively restrained by a chain or leash not exceeding six feet in length and is in the charge of and under the control of a competent person.
B. 
"At large" means any dog that is on property open to the public or is on private property not owned or leased by the owner of the dog, unless permission for such presence has been obtained. No dog shall be deemed to be at large if it is:
(1) 
A guide dog actually leading a blind person.
(2) 
A police work dog in use for police work.
(3) 
Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted and or on posted land with the permission of the owner of the land.
Any Dog Control Officer or peace officer may seize any dog found to be at large in violation of this article.
A. 
Any person owning or harboring any dog within the Village of Depew shall not permit such dog to disturb the peace and quiet of a neighborhood by annoying the residents thereof by howling, barking or making other loud noises.
B. 
Continual howling or barking or the making of other loud noises for a period in excess of 1/2 hour shall be considered annoying and disturbing to persons and shall constitute a violation hereunder.
A. 
Any dog found to be at large and seized by any Dog Control Officer or peace officer shall be held for the redemption period and may be redeemed by the owner within the time and in the manner prescribed by § 118 of Article 7 of the Agriculture and Markets Law of the State of New York, provided that the owner pays the following impoundment fees:
(1) 
$10 for the first impoundment of any dog owned by that person.
(2) 
$20 for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the second impoundment, within one year of the first impoundment, of any dog owned by that person.
(3) 
$30 for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.
B. 
$30 for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.
A. 
It shall be a violation, punishable as provided in Subsection B of this section, for any dog to permit the same, at any time, to be at large in violation of this article.
B. 
Violation of this article shall be punishable, subject to election of the enforcement officer, either:
(1) 
Where prosecuted pursuant to the Penal Law, by a fine of not more that $25, except that where the person was found to have violated this article within the preceding five years, the fine may not be more than $50, and where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not more than $100 or imprisonment for not more than 15 days, or both; or
(2) 
Where prosecuted as an action to recover a civil penalty, by a civil penalty of not more than $25, except that when the person was found to have violated this article within the preceding five years, the civil penalty may not be more than $50, and where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may not be more than $100.
[Amended 8-23-2021 by L.L. No. 4-2021]
A. 
It shall be the duty of the Dog Control Officer of the Town of Lancaster or Town of Cheektowaga to enforce the provisions of this article.
B. 
The Dog Control Officer of the Town of Lancaster or Town of Cheektowaga shall have all the powers of a peace officer in enforcing the provisions of this article. In addition, the Dog Control Officer may serve any process related to any proceeding, whether criminal or civil in nature, including an appearance ticket undertaken in accord with the provisions of this article.
A. 
Pursuant to § 110, Subdivision 4, of the Agriculture and Markets Law of the State of New York, an annual dog license fee of $3.50 for each dog license issued by the Town of Lancaster, New York, under § 109, Subdivision 1, of the Agriculture and Markets Law. This annual dog license fee shall be charged for all licenses becoming effective on or after the effective date of this article.
B. 
A dog or dogs owned by one or more persons, each of whom is 65 years of age or older, shall be exempt from the additional Town-imposed local license fee in Subsection A herein.
A. 
Unlicensed or licensed. Any dog unidentified, unlicensed or licensed, in custody of the Dog Control Officer, may be delivered for adoption by the Dog Control Officer or disposed of by euthanasia after a seven-day redemption period has expired.
B. 
Voluntary surrender.
(1) 
At the time the dog is surrendered to the Dog Control Officer, the owner shall execute a consent agreeing to the surrender and further authorizing the Dog Control Officer, using his discretion, to either:
(a) 
Hold the dog for a seven-day period and deliver same for adoption; or
(b) 
Dispose of the dog by euthanasia.
(2) 
Where the record owner surrenders a dog to the Dog Control Officer, there shall be no redemption period applicable.
(3) 
The record owner of the dog shall transfer title to the Town of Lancaster upon surrender by completing the appropriate license sections and that owner shall notify the New York State Department of Agriculture and Markets of the ownership transfer.
C. 
Licensing prior to release from custody. No dog shall be delivered for adoption unless it has been licensed pursuant to Article 7 of the Agriculture and Markets Law prior to its release from the custody of the Dog Control Officer.
D. 
Fees.
(1) 
There shall be no fee for adoption of a dog.
(2) 
There shall be no fee for the voluntary surrender of a dog to the Dog Control Officer, whether same is disposed of by euthanasia or delivered for adoption.
E. 
Violations. The disposition by euthanasia or delivery for adoption of a seized dog shall not relieve any person from any violations of this article or the New York State Agriculture and Markets Law.
A. 
It shall be the duty of each dog owner or person having possession, custody or control of a dog to remove any feces left by his or her dog on any sidewalk, gutter, street or other public area.
B. 
It shall further be the duty of each dog owner or person having possession, custody or control of a dog to remove any feces left by his or her dog on any other private property.
C. 
Any violation of this section shall constitute a violation punishable by a fine or a civil penalty of not less than $25 nor more than $100.
D. 
The provisions of this section shall be enforced by the Dog Control Officer of the Town of Lancaster.
E. 
It shall be an affirmative defense in any prosecution for a violation of Subsection B that the owner of or person in possession of the private property refuses to allow the dog owner or person having possession, custody or control of a dog to enter upon such property for the purpose of removing any feces left by his or her dog thereon.
Should any section or provision of this article be decided by any court to be unconstitutional or invalid, such decision shall not affect the validity of the articles as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
This article shall constitute part of the Code of the Village of Depew and shall take effect immediately upon its adoption in accordance with the provisions of law.