This chapter shall be known and may be cited as the "Dog Licensing
and Animal Control Law of the Town of Penfield, New York."
The purpose of this chapter is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of people, personal property, domestic
animals and deer from dog attack and damage, and to preserve the public
health, safety and welfare by enforcing regulations and restrictions
on the activities of dogs that are consistent with the rights and
privileges of citizens of the Town.
This chapter 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.
All words, terms or phrases used herein shall have the meanings
indicated below or as defined in the Agriculture and Markets Law.
If no specific definition is set forth, all words shall have their
usual and customary meaning in the English language. Words used in
the present tense include the future and the plural includes the singular.
The word "shall" is intended to be mandatory.
ANIMAL/DOG CONTROL OFFICER
Any individual appointed by the Town Board to assist in the
enforcement of this chapter, and for the purposes of this chapter,
such officer shall be deemed a peace officer.
CLERK
The Town Clerk, or Deputy Town Clerk, of the Town of Penfield
or his/her agent.
DETECTION DOG
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
DOG
Any member of the species canis familiaris.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
that is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred.
HARBOR
To provide food or shelter to any dog.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment
and that is actually used for such purpose, or any dog owned by a
recognized training center located within the State of New York during
the period such dog is being trained or bred for such training.
IDENTIFICATION TAG
A tag issued by the Clerk that sets forth an identification
number, as required by the provisions of this chapter.
OWNER
Any person who harbors or keeps any dog.
PERSON WITH A DISABILITY
Any person with a disability as that term is defined in New
York State Executive Law § 292, Subdivision 21.
[Amended 12-16-2015 by L.L. No. 3-2015]
POLICE WORK DOG
Any dog owned or harbored by any municipal police department
or any state or federal law enforcement agency, which dog has been
trained to aid law enforcement officers and is actually being used
for police work purposes.
SERVICE DOG
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
THERAPY DOG
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and that is actually used for such purpose, or any
dog owned by a recognized training center located within the State
of New York during the period such dog is being trained or bred for
such purpose.
TOWN
The Town of Penfield, including incorporated areas.
WAR DOG
Any dog which has been honorably discharged from the United
States armed services.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons and that is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
In accordance with the provisions of Agriculture and Markets
Law § 112, as may be amended or renumbered:
A. In the event of a change in ownership of any dog that has been assigned
an identification number or in the address of the owner of record
of any such dog, the owner of record shall, within 10 days of such
change, notify the Clerk.
B. If any dog that has been assigned a municipal identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Clerk.
C. In the case of a dog's death, the owner of record shall so notify
the Clerk, either prior to the renewal of license or upon the time
of such renewal.
In accordance with Agriculture and Markets Law § 117,
as may be amended or renumbered:
A. The Animal/Dog Control Officer is hereby authorized to seize or direct
the confinement of:
(1) Any dog which is not licensed, whether on or off the owner's
premises.
(2) Any licensed dog which is not in the control of its owner or custodian
or not on the premises of the dog's owner or custodian, if there
is probable cause to believe the dog is dangerous to persons.
(3) Any dog which poses an immediate threat to the public safety or which
attacks a human being, a companion dog, a farm animal or a domestic
animal as said terms are defined in the New York State Agriculture
and Markets Law.
(4) Any dog in violation of §
90-9 of this chapter.
B. The Animal/Dog Control Officer, when acting pursuant to his/her special
duties, shall make and maintain a complete record of any seizure and
subsequent disposition of any dog. Such record shall include, but
not be limited to, a description of the dog, the date and hour of
seizure, the municipal identification number of the such dog (if any),
the location where seized, the reason for the seizure and the owner's
name and address, if known. The owners will pay seizure fees as set
forth in the fee schedule annually adopted by the Town Board.
[Amended 12-16-2015 by L.L. No. 3-2015]
C. Each dog seized in accordance with the provisions of this chapter
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided.
D. Each dog which is not identified, whether or not licensed, shall
be held for a period of five days from the day seized, during which
period the dog may be redeemed by its owner, provided that such owner
produces proof that the dog has been licensed and has been identified
pursuant to the provisions of this chapter, and further provided that
the owner pays the impoundment fees set forth in the fee schedule
annually adopted by the Town Board. If, upon redemption, any dog received
a rabies vaccination, that charge for such vaccination shall be added
to impoundment fees.
[Amended 12-16-2015 by L.L. No. 3-2015]
E. Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of five days after day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of seven days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees prescribed by Subsection
D of this section and by producing proof that the dog has been licensed.
[Amended 12-16-2015 by L.L. No. 3-2015]
F. If, at the end of the appropriate redemption period, said dog has
not been redeemed by its owner, the owner shall forfeit all title
to the dog and it shall be available for adoption or be released to
an authorized humane society or shelter for adoption or disposal by
appropriate methods of euthanasia.
G. Prior to releasing a dog to its owner the Animal Control Officer
will inform the owner of any seizure fees, medical fees and boarding
fees associated with confinement to be paid at the Town Clerk's
office, at which time such dog may be released to the owner.
It shall be unlawful for any person who owns, has the care,
custody or control of any dog(s) in the Town to permit or allow such
dog(s) to:
A. Be at large or unleashed in said Town, except as permitted by this
chapter. (Hunting is limited to certain parts of the Town.) Further
in this regard:
(1) All dogs in the Town of Penfield are hereby required to be equipped
with a collar or harness to which is attached a leash or retractable
lead of not more than 15 feet in length; both collar, harness, leash
and lead must be of sufficient strength to restrain the dog(s) when
off the owner's premises and must be held by a person having
the ability to control and restrain the dog(s).
(2) Dogs may be unleashed on their owner's premises or when on the
private premises of another with the knowledge, consent and approval
of such person or when hunting in the company of and under control
of a hunter or hunters upon the property of another with knowledge,
consent and approval of the property owner. Dogs used in law enforcement,
rescue or tracking, when working or training, may be unleashed.
B. Engage in habitual and loud howling, barking, crying or whining or
conduct so as to unreasonably and habitually disturb the comfort of
any person other than the owner of such dog.
C. Uproot, dig, deface or otherwise damage any vegetables, lawns, flowers,
garden beds, or other property without the consent or approval of
the owner of such property.
D. Chase, jump upon or otherwise harass any person in such manner as
to reasonably cause intimidation or fear or to put such person in
reasonable apprehension of bodily harm.
E. Habitually chase, run alongside of or bark at motor vehicles, moving
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. Create a nuisance by defecating, urinating or digging on public property
or on private property without the consent or approval of the owner
of such property. The dog owner or harborer shall clean up any waste
deposited by the dog.
G. If a female dog, when in heat, be off the owner's premises.
H. Enter public buildings, restaurants, stores or cemeteries, except
for guide dogs.
Any person violating any provision of this chapter or the Agriculture
and Markets Law, including the failure to license a dog, the failure
to have a dog properly identified or to knowingly affix to any dog
any false or improper identification tag or special identification
tag for identifying guide, service or hearing dogs, shall be subject
to a fine, which shall not be less than $25 nor more than $250, except
that:
A. Where the person was found to have violated this chapter within the
preceding five years, the fine shall not be less than $50 nor more
than $500; and
B. Where the person was found to have committed two or more violations
of this chapter within the preceding five years, the fine shall not
be less than $100 nor more than $1,000.
This chapter shall take effect January 1, 2011, after filing
with the Secretary of State in Albany.