[HISTORY: Adopted by the Town Board of the Town of Hamlin
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 378.
[Adopted 12-13-2010 by L.L. No. 5-2010]
The title of this article shall be "Dog Licensing and Control
Law of the Town of Hamlin, County of Monroe."
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York, as amended by Part T of Chapter 59 of the
Laws of 2010, and as may be subsequently amended and supplemented.
The Town Board of the Town of Hamlin, County of Monroe, hereby
finds and declares that the purpose of this article is to protect
the health, safety and well-being of persons and property by imposing
restrictions on the keeping and running at large of dogs within the
Town.
A.
All terms not specifically defined herein shall have the meaning
assigned to such terms within § 108 of the Agriculture and
Markets Law of the State of New York.
B.
AGRICULTURE AND MARKETS LAW
DOG CONTROL OFFICER
IDENTIFICATION TAG
OWNER
OWNER OF RECORD
PERSON
RESIDENT
RUN AT LARGE
TOWN
TOWN CLERK
As used in this article, the following terms shall have the meanings
indicated:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article and as thereafter
amended.[1]
The person appointed and authorized by the Town Board to
enforce the provisions of this article. The Town Board may also appoint
a Deputy Dog Control Officer, who shall be authorized to enforce the
provisions of this article.
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
Any person who is a licensed owner of a dog or any person
who keeps, feeds or harbors a dog for over one week. The owner need
not be a resident of the Town of Hamlin, but for a violation to occur
the dog must be in the Town limits of the Town of Hamlin. Dogs owned
by minors shall be deemed to be in the custody and control of the
minor's parents, guardians or other head of the household where
the minor resides.
The person in whose name a dog was last licensed pursuant
to this article.
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
An individual who maintains a residence within the Town of
Hamlin, County of Monroe, State of New York.[2]
To be in a public place or on private land without the knowledge,
consent, and approval of the owner of such lands.
The Town of Hamlin, County of Monroe, State of New York.
The Town Clerk or Deputy Town Clerk of the Town of Hamlin
or his or her agent.
A.
No person shall own or possess a dog within the Town unless such
dog is licensed and identified as provided in Article 7 of the Agriculture
and Markets Law and this article.
B.
All dogs within the Town that are four months of age or older, unless
otherwise exempted, shall be licensed. No license shall be required
for any dog which is under the age of four months and which is not
at large.
Each license application shall be accompanied by 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.
A.
Upon validation by the Town Clerk of the Town, a dog license shall
be issued and a record of its issuance retained in the office of the
Town Clerk of the Town.
B.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately apply for a new license
for the dog. A license cannot be transferred to another dog.
C.
Change of ownership; lost or stolen dogs.
(1)
Upon the transfer of ownership of any dog, the new owner shall immediately
make application for a new license for such dog.
(2)
In the event of a change in ownership of any dog which has been assigned
an official identification number or in the event of a change of address
of the owner of record of any such dog, the owner of record shall,
within 10 days of such change, notify the Town Clerk.
(3)
If any dog which has been assigned an official identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Town Clerk.
(4)
In the case of a dog's death, the owner of record shall so notify
the Town Clerk either prior to renewal of license or upon the time
of such renewal.
D.
Identification tag.
(1)
The Town Clerk shall assign a Town permanent official identification
number to a dog when it is first licensed. Such identification number
shall be carried by the dog on an identification tag which shall be
affixed to the collar of the dog at all times.
(2)
An identification tag is not required to be worn while the dog is
participating in a dog show.
(3)
The official identification number shall constitute the official
identification of the dog to which it is assigned, and the number
shall not be reassigned to any other dog during the lifetime of the
dog to which it is assigned.
(4)
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which the number has been
assigned.
(5)
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no additional charge. Any replacement
tag shall be obtained by the owner at the owner's expense. Any
person wishing to replace a tag previously issued shall pay the sum
of $5 to the Town Clerk for a replacement tag.
Each license issued pursuant to this article shall be valid
for a period of one year and shall expire on the last day of the last
month of the period for which it was issued. No license shall be issued
for a period expiring after the last day of the eleventh month following
the expiration date of the current rabies certificate for the dog
being licensed.
The license fee for dog licenses issued pursuant to this article
will be set from time to time by resolution of the Town Board.
A.
State-mandated animal population control surcharge.
(1)
Each individual dog license for a spayed or neutered dog shall be
subject to an animal population control surcharge in the amount of
$1 payable at the time the dog license application is filed.
(2)
Each individual dog license for an unspayed or unneutered dog shall
be subject to an animal population control surcharge in the amount
of $3 payable at the time the dog license application is filed.
B.
Dog enumeration surcharge. Each dog found to be unlicensed during
a Town dog enumeration shall be subject to a dog enumeration surcharge
of $5 payable at the time the application is filed to license said
dog.
C.
Fee exemptions.
(1)
There shall be no fee for any license issued for the following:
(a)
Guide dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(b)
Hearing dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(c)
Service dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(d)
War dog (as defined in Article 7 of the State Agriculture and
Markets Law).
(e)
Working search dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(f)
Detection dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(g)
Police work dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(h)
Therapy dog (as defined in Article 7 of the State Agriculture
and Markets Law).
(2)
Each copy of any license for such dogs shall be conspicuously marked
"Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War
Dog," "Detection Dog," "Police Work Dog" or "Therapy Dog," as may
be appropriate, by the Town Clerk.
D.
Purebred
license. The Town of Hamlin will not issue purebred licenses. All
dogs will be licensed as per the fee schedule above.
A.
It shall be unlawful for any owner of any dog to permit or allow
the dog, while in the Town of Hamlin, to run at large. Except when
a dog is on the premises of its owner or on the premises of another
property owner with the knowledge, consent and approval of the owner
of such premises, a dog must be restrained by adequate collar and
leash or otherwise under control.
[Amended 6-11-2012 by L.L. No. 7-2012]
B.
It shall be unlawful for any owner to permit or allow such dog, while
in the Town of Hamlin, to:
(1)
Engage in habitual loud howling or barking or to conduct itself in
such a manner so as to habitually annoy any person other than the
owner.
(2)
Cause damage or destruction to property or other animals or commit
a nuisance upon the premises of a person other than the owner.
(3)
Chase or harass any person so as to place such person in reasonable
apprehension of bodily harm or injury.
(4)
Habitually chase moving vehicles.
(5)
Run at large with a pack or with other dogs or chase deer or other
animals.
C.
It shall be unlawful for the owner of any female dog to permit such
dog to run at large when in heat, and such dog shall be confined during
such period.
D.
No dwelling unit in a residential building containing a single dwelling unit shall be used to harbor more than three adult dogs, six months or older, or more than two pups for longer than six months. All dogs must be personally owned and licensed by a resident of the dwelling unit. No dwelling unit in a duplex, apartment house or other residential building containing more than one dwelling unit, or located in a trailer park, as defined in § 454-5 of the Code of the Town of Hamlin, shall be used to harbor more than one adult dog six months or older or more than two pups for longer than six months. The dogs must be personally owned and licensed by a resident of the dwelling unit.
[Added 5-25-2016 by L.L.
No. 2-2016]
A.
This article shall be enforced by the Dog Control Officer, by the Deputy Dog Control Officer or by any law enforcement officer. The Dog Control Officer or Deputy Dog Control Officer of the Town of Hamlin shall seize any dog which is found to be in violation of § 187-11 of this article, as well as any dog or dogs otherwise required to be seized under and by virtue of the Agriculture and Markets Law of the State of New York.
B.
All complaints concerning alleged violation of this article shall
be communicated to the Dog Control Officer or to the Deputy Dog Control
Officer, who may require that such complainant sign a written complaint.
It shall be the duty of the Dog Control Officer or Deputy Dog Control
Officer, in the appropriate case, to proceed with civil or criminal
enforcement of this article or any other provisions of law pertaining
hereto.
[Amended 8-2-2011 by L.L.
No. 4-2011]
Any dog in violation of § 187-11 of this article or which does not have a valid license may be impounded and taken to such place of detention as provided by the Dog Control Officer or Deputy Dog Control Officer, and shall there be properly fed and cared for at the expense of the Town of Hamlin until disposition thereof shall be made in accordance with the provisions of this article and § 117 of the Agriculture and Markets Law of the State of New York.
In the event that the dog seized bears a license tag, the authorized
person seizing the dog shall, within three days thereafter, ascertain
the name of the owner and give such owner immediate notice by serving
upon such owner a notice, in writing, stating that the dog has been
seized, indicating when, where and why the dog was seized and stating
that the dog may be disposed of unless redeemed or a trial is demanded
by the owner within 12 days of seizure of the dog.
[Amended 8-2-2011 by L.L. No. 4-2011]
The fact that a dog is without a license tag attached to a collar,
as required under the Agriculture and Markets Law of the State of
New York, shall be presumptive evidence that the dog is unlicensed.
In the event that the dog seized does not bear a license tag, the
Dog Control Officer or other law enforcement officer shall be authorized
to destroy the dog seven days after impounding the dog or to dispose
of such dog in accordance with § 117 of the Agriculture
and Markets Law, unless the owner redeems the dog as hereinafter provided
or unless a trial is demanded by the owner within seven days of seizure.
A.
Any dog which has been seized pursuant to this article may be redeemed upon adequate proof that such dog is licensed at the time of redemption and upon payment of the fees and expenses set forth in § 187-16B and C and upon payment of a seizure fee in the following amount:
[Amended 5-16-2011 by L.L. No. 2-2011]
B.
In addition to the aforesaid seizure fee, the owner shall pay an
impound fee (kennel fee) of $20 for each day or portion of a day that
the dog is impounded.
C.
In the event that any seized dog is taken to a veterinarian during
the period of impoundment, that owner must pay $25 for each trip to
the veterinarian plus all veterinarian fees incurred during the impoundment
period.
In the event that the owner or person harboring the dog desires
a trial, he shall post bail in the amount of $50 to pay for the care
of the dog while impounded and demand a trial in writing. The Dog
Control Officer or other law enforcement officer shall immediately
proceed to file any information with the Town Justice so that the
matter will appear on the docket of the Town Justice as soon as possible.
In the event that an impounded dog is not redeemed or a trial
demanded within the time hereinbefore set forth, the owner shall forfeit
title to the dog, and it may thereafter be disposed of or destroyed
by the appropriate officials as herein provided.
[Amended 8-2-2011 by L.L. No. 4-2011]
Any dog unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provisions of § 117 of the Agriculture and Markets
Law. The Town Clerk shall keep a record of the disposition on file
for a period of three years.
[Amended 5-16-2011 by L.L. No. 2-2011; 5-13-2013 by L.L. No. 4-2013; 12-8-2014 by L.L. No.
6-2014]
Any person convicted of a violation of this article shall be
guilty of a violation and shall be subject to a fine in the amount
to be fixed by the Court, not less than $50 and not more than $250,
or imprisonment for a period not to exceed 15 days, or both.
The owner, possessor or harborer of any dog destroyed under
the provisions of this article shall not be entitled to any compensation,
and no action shall be maintainable thereafter to recover the value
of the dog.
