[HISTORY: Adopted by the Town Board of the
Town of Athens as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
[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:
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.
Includes both male and female dogs whether spayed or neutered,
or not.
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.
A dog is to be considered under restraint when it is as follows:
A.
It shall be unlawful for any owner of any dog in the
Town of Athens to permit or allow his or her dog to:
(2)
Engage in loud howling or barking, crying or whining,
or to conduct itself in such a manner so as to unreasonably disturb
the comfort or repose of any person other than the owner of such dog.
(3)
Chase and/or bark at motor vehicles, pedestrians or
persons on bicycles while on a public street or highway or upon public
or private property other than property of the owner or harborer of
said dog.
(4)
Jump on, chase, bark at or otherwise harass any person
in such a manner as to reasonably cause intimidation or fear or to
put such person in reasonable apprehension of bodily harm or injury.
(5)
Defecate or urinate on, dig in or otherwise damage
public property or private property other than property of the owner
or harborer of said dog.
(6)
Upset or otherwise interfere with garbage receptacles.
(7)
Cause damage to property or person of others.
(8)
Kill or injure any dog, cat or household pet.
(9)
Uproot, dig or otherwise damage any vegetables, lawn,
flowers, garden beds or other property without the consent or approval
of the owner thereof.
(10)
Be off the owner's premises unrestrained by a leash,
if a female dog is in heat.
B.
No unspayed female dog in season shall be allowed
to roam, nor shall she be left unattended without the precaution of
properly enclosing her either by fence of cage. In all cases she should
be properly supervised so as to prevent the occurrence of packs of
dogs.
A.
This article shall be enforced by the Dog Control
Officer, by any peace officer or by a person having jurisdiction under
the Agriculture and Markets Law. The Dog Control Officer is hereby
authorized to issue an appearance ticket for any violation of this
article pursuant to the Town of Athens Appearance Ticket Local Law.[1]
B.
Any person who observes a dog in violation of this
article may file a complaint under oath with the Town Justice of the
town or with the Town Dog Control Officer specifying the nature of
the violation, the date thereof, a description of the dog and the
name and residence, if known, of the owner of such dog. Such complaint
may serve as the basis for enforcing the provision of this article.
A.
Any dog alleged to be in violation of this article
may be seized by the Dog Control Officer or any peace officer and
will be impounded and disposed of in accordance with the provisions
of Article 7 or other applicable provisions of the Agriculture and
Markets Law.
B.
The Dog Control Officer or police officer may also
investigate or refer to a Town Justice of the town any dangerous dog
described in Article 7 of the Agriculture and Markets Law and see
that the order of the Town Justice in such case is carried out.
C.
No person shall hinder, resist or oppose the Dog Control
Officer, peace officer or other person(s) authorized to administer
or enforce the provisions of this article in the performance of the
officer's duties under this article.
D.
Each dog seized in accordance with the provisions
of this article shall be properly sheltered, fed and watered for the
redemption period as herein provided in a facility so designated by
the Town Board of the Town of Athens.
A.
Each dog which is not identified, whether or not licensed,
shall be held for a period of at least 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 identified pursuant
to the provisions of this article and further provided that the owner
pays the following impoundment fees:
(1)
The impoundment fees shall be set by the Town Board
by resolution.
(2)
Fines.
(a)
Upon an owner's first conviction for any violation
of this article, a fine in an amount not to exceed $50 shall be imposed.
(b)
Upon an owner's second conviction within 18
months, with respect to any dog, for any violation of this article,
a fine of not less than $35 nor more than $100 shall be imposed.
(c)
Upon an owner's third or subsequent conviction
within 18 months, with respect to any dog, for any violation of this
article, a fine of not less than $75 nor more than $175 shall be imposed.
A.
Promptly upon seizure of an identified dog, the owner
of record of such dog shall be notified by the Dog Control Officer
personally or by certified mail, return receipt requested, of the
facts of seizure and the procedure for redemption.
B.
If notification is personally given, such dog shall
be held for a period of at least five days after day of notice, during
which period the dog may be redeemed by the owner in accordance with
Agriculture and Markets Law provisions.
C.
If such notification is made by mail, such dog shall
be held for a period of six days from the date of mailing, during
which period the dog may be redeemed by the owner in accordance with
Agriculture and Markets Law provisions.
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[1]]
[1]
Editor's Note: This local law was adopted as Ch. 97,
but was renumbered in order to maintain the organization of the Code.
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:
The Clerk of the Town of Athens where licenses are validated
or issued pursuant to this article.
Any member of the species Canis familiaris.
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.
To provide food or shelter to any dog.
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.
Any dog carrying an identification tag as required by this
article.
The Town of Athens and its authorized agents.
Any person who harbors or keeps any dog.
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.
A.
The owner of any dog harbored within the Town of Athens who is four
months of age or older, unless otherwise exempted, shall be licensed.
B.
No license shall be required for any dog which is under the age of
four months and which is not at large, or that is residing in a pound
or shelter maintained by or under contract or agreement with the state
or any county, city, town or village, duly incorporated society for
the prevention of cruelty to animals, duly incorporated humane society
or duly incorporated dog protective association.
C.
A license shall be issued or renewed for a period of at least one
year, provided that no license shall be issued 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. All
licenses shall expire on the last day of the last month of the period
for which they are issued.
D.
In the event an applicant for a license presents, in lieu of a rabies
certificate, a statement certified by a licensed veterinarian, a license
shall be issued or renewed for a period of one year from the date
of said statement.
A.
The owner of each dog required to be licensed shall obtain, complete
and return a dog license application, together with the license application
fee, any applicable license surcharges and such additional fees as
may be established by the Town of Athens.
B.
The application for a dog license shall state the sex, actual or
approximate age, breed, color and municipal identification number
of the dog, and other identification marks, if any, and the name,
address, telephone number and address of residence of the owner.
(1)
Each license application shall be accompanied by a certificate of
rabies vaccination or statement from a licensed veterinarian that
such vaccination would endanger the dog's life, in which case
vaccination shall not be required. A copy of such certificate or statement
shall be filed with a copy of the license and shall be made available
to the Commissioner upon request for rabies and other animal disease
control efforts.
(2)
In the case of a spayed or neutered dog, every application shall
also be accompanied by a certificate signed by a licensed veterinarian
or an affidavit signed by the owner showing that the dog has been
spayed or neutered, provided such certificate or affidavit shall not
be required if the same is already on file with the Clerk or authorized
Dog Control Officer. A copy of such certificate or affidavit shall
be filed with a copy of the license and shall be made available to
the Commissioner upon request for rabies and other animal disease
control efforts.
(3)
In lieu of the spay or neuter certificate, an owner may present a
statement certified by a licensed veterinarian stating that he has
examined the dog and found that, because of old age or other reason,
the life of the dog would be endangered by spaying or neutering. A
copy of such certificate shall be filed with a copy of the license
and shall be made available to the Commissioner upon request for rabies
and other animal disease control efforts. In such case, the license
fee for the dog shall be the same as for a spayed or neutered dog
as set forth in this article.
C.
Upon validation by the Clerk, the application shall become a license
for the dog described therein.
D.
The Clerk shall provide a copy of the license to the owner and retain
a record of the license that shall be made available upon request
to the Commissioner for purposes of rabies and other animal disease
control efforts and actions.
E.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog.
A.
The Town of Athens hereby establishes the fee for a dog license at
$9, to which amount shall be added $5 if the dog for which the license
application is made is unspayed or unneutered. The Town of Athens
reserves the right to change these fees from time to time by resolution
of the Town Board.
B.
In addition to the fees set forth herein, each applicant for a dog
license shall pay a surcharge of $1 if the dog to be licensed is altered,
or a fee of $3 if the dog to be licensed is unaltered. The surcharges
imposed by this section shall be remitted to the Department of Agriculture
and Markets for transmittal to the State Comptroller for deposit in
the animal population control fund.
C.
In addition to the license fee set forth by this section, each applicant
for a dog license shall pay a surcharge of $2, which shall be retained
by the Town of Athens and used to defray the cost of an enumeration
of dogs living within the Town of Athens and the cost of providing
replacement identification tags. In the event the additional fees
collected exceed the expenses incurred for conducting an enumeration
in any year, such excess fees shall be used by the Town of Athens
for enforcing this article and spaying or neutering animals.
D.
All revenue derived from such fees shall be the sole property of
the municipality and shall be used only for:
E.
Excepted from payment of the license fee are applications submitted
for a dog license for any guide or hearing dogs. Each copy of a license
for such dogs shall be conspicuously marked "Guide Dog" or "Hearing
Dog."
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.
A.
This article shall be enforced by the Dog Control Officer, by any
peace officer or by a person having jurisdiction under the Agriculture
and Markets Law. The Dog Control Officer is hereby authorized to issue
an appearance ticket for any violation of this article pursuant to
the Town of Athens Appearance Ticket Local Law.[1]
B.
Any person who observes a dog in violation of this article may file
a complaint under oath with the Town Justice of the Town or with the
Town Dog Control Officer specifying the nature of the violation, the
date thereof, a description of the dog and the name and residence,
if known, of the owner of such dog. Such complaint may serve as the
basis for enforcing the provision of this article.
A.
The owner of each dog which is not licensed shall be notified, in
person or by mail, that said dog must be licensed within 10 days from
the date of notification, whether in person or by mail.
B.
Any dog alleged to be in violation of this article may be seized
by the Dog Control Officer or any peace officer and will be impounded
and disposed of in accordance with the provisions of Article 7 or
other applicable provisions of the Agriculture and Markets Law.
C.
The Dog Control Officer or police officer may also investigate or
refer to a Town Justice of the Town any dangerous dog described in
Article 7 of the Agriculture and Markets Law and see that the order
of the Town Justice in such case is carried out.
D.
No person shall hinder, resist or oppose the Dog Control Officer,
peace officer or other person(s) authorized to administer or enforce
the provisions of this article in the performance of the officer's
duties under this article.
E.
Each dog seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered for the redemption period
as herein provided in a facility so designated by the Town Board of
the Town of Athens.
A.
Each dog which is not identified, whether or not licensed, and which
is seized, shall be held for a period of at least 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 identified
pursuant to the provisions of this article and further provided that
the owner pays the following impoundment fees: The impoundment fees
shall be set by the Town Board by resolution.
B.
Fines.
(1)
Upon an owner's first conviction for any violation of this article,
a fine in the amount not to exceed $50 shall be imposed.
(2)
Upon an owner's second conviction within 18 months, with respect
to any dog, for any violation of this article, a fine of not less
than $35 nor more than $100 shall be imposed.
(3)
Upon an owner's third or subsequent conviction within 18 months,
with respect to any dog, for any violation of this article, a fine
of not less than $75 nor more than $175 shall be imposed.
C.
The Town of Athens reserves the right to modify the fines from time
to time by resolution of the Town Board.
A.
Promptly upon seizure of an identified dog, the owner of record of
such dog shall be notified by the Dog Control Officer, personally
or by certified mail, return receipt requested, of the facts of seizure
and the procedure for redemption.
B.
If notification is personally given, such dog shall be held for a
period of at least five days after the day of notice, during which
period the dog may be redeemed by the owner in accordance with the
Agriculture and Markets Law provisions.
C.
If such notification is made by mail, such dog shall be held for
a period of six days from the date of mailing, during which period
the dog may be redeemed by the owner in accordance with the Agriculture
and Markets Law provisions.
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.
