[HISTORY: Adopted by the Town Board of the Town of Little Valley 12-27-2010 by L.L. No. 1-2011. Amendments noted where applicable.]
Effective January 1, 2011, significant changes to Article 7 of the Agriculture and Markets Law will take effect. Among other things, beginning January 1, 2011, dog licensing will become a local function and fees that may be charged for licensing or impoundment of dogs will be changed. The purpose of this chapter is to assure that the Town of Little Valley is in compliance with the new requirements of the Agriculture and Markets Law.
A. 
All dogs within the Town of Little Valley four months of age or older, unless otherwise exempted, shall be licensed. The owner of each dog required to be licensed shall obtain, complete and return to the Little Valley Town Clerk 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 Little Valley. 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. Each license issued shall be valid for a period of one year and shall be transferable.
B. 
The fee for a dog license shall be fixed by resolution of the Little Valley Town Board, provided that the total fee for an unspayed or unneutered dog shall be at least $10 more than the total fee for spayed or neutered dogs.
C. 
There shall be no exception from payment of the license fee for licenses for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog, or therapy dog.
D. 
In addition to the license fee, each applicant for a dog license shall pay a population control surcharge of $1 if the dog is spayed or neutered, or a fee of $3 if the dog is unspayed or unneutered.
E. 
In addition to the license fee, each applicant for a dog license for an unlicensed dog shall pay a surcharge in the amount of $5 which shall be retained by the Town and used to defray the cost of an enumeration conducted pursuant to § 113(6) of the Agriculture and Markets Law.
A. 
The fees for redeeming an impounded dog are:
(1) 
For the first impoundment: $10; plus $10 for each additional twenty-four-hour period;
[Amended 4-11-2011 by L.L. No. 2-2011]
(2) 
For the first 24 hours of a second impoundment within a year of the first: $20; plus $10 for each additional twenty-four-hour period; and
(3) 
For the first 24 hours of a third (or subsequent) impoundment within a year of the first: $40; plus $10 for each additional twenty-four hour period.
B. 
In addition, the owner of any dog so impounded shall be liable for any and all necessary expenses and fees, including, but not limited to, kennel fees.
[Added 4-11-2011 by L.L. No. 2-2011]
A. 
It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:
(1) 
Run at large unless it is accompanied by its owner or a responsible person under the full control of such owner or person. For the purpose of this chapter, a dog or dogs hunting in company with a hunter or hunts shall be considered as accompanied by its owner.
(2) 
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort and repose of any person other than the owner of such dog.
(3) 
Uproot, dig or otherwise damage any vegetables, lawns, flower, garden beds or other property without the consent or approval of the owner thereof.
(4) 
While running at large, to chase, jump upon 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) 
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 consent or approval of the owner of such property.
(6) 
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.
B. 
Any person convicted of a violation of this § 65-4 of this chapter shall be deemed to have committed a violation, and for the first such violation shall be subject to a fine not exceeding $150 and for a second or subsequent violation shall be subject to a fine not exceeding $300.
[Amended 4-11-2011 by L.L. No. 2-2011]
Local Law 1-1983 of the Town of Little Valley entitled "Fixing License Fees for Dogs Licensed in the Town of Little Valley, Cattaraugus County, New York" is hereby repealed effective January 1, 2011. Local Law 2-1987 of the Town of Little Valley, entitled "A Local Law Regulating and Controlling the Activities of Animals within the Town of Little Valley" is hereby repealed.
This chapter shall take effect January 1, 2011.