[HISTORY: Adopted by the Town Board of the Town of Newfane 2-28-2018 by L.L. No. 1-2018.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 102,
Dogs, adopted 4-29-1971 by L.L. No. 1-1971 (Ch. 11 of the 1971
Code), as amended.
The Town Board of the Town of Newfane finds that the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs has caused physical harm to persons, damage to property and created
nuisances within the Town. The purpose of this chapter 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 of Newfane.
This chapter is enacted pursuant to the provisions of § 124
of Article 7 of the Agriculture and Markets of Law of the State of
New York.
The title of this law shall be, "Dog Control Law of the Town
of Newfane."
As used in this chapter, the following words shall have the
following respective meanings:
The Agriculture and Markets Law of the State of New York,
in effect as of the effective date of this chapter, as amended by
this chapter, and as amended thereafter.
Such animal is securely confined or restrained and kept on
the owner's premises, whether within a building, kennel or other
suitable enclosure, or securely fastened on a chain, wire or other
effective tether of such length and so arranged that the animal cannot
reach or endanger any person on any adjacent premises or on any public
street, way or place, or, if the animal is being transported by the
owner, that it is securely confined in a crate, or other container,
or so restrained in a vehicle that it cannot be expected to escape
therefrom.
As is defined in § 123 of the Agriculture and Markets
Law.
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
Any person authorized by the Town Board of the Town of Newfane
from time to time to enforce the provisions of this chapter or provisions
of the Agriculture and Markets Law.
To provide food or shelter to any dog.
The party purchasing the license, unless the dog is or has
been lost and such reported to the Dog Control Officer and reasonable
search has been made. If an animal is not licensed, the term of "owner"
shall designate and cover any person or persons, firm, association
or corporation, who or which at any time owns or has custody or control
of, harbors, or is otherwise responsible for, any animal which is
kept, brought or comes within the Town of Newfane. Any person owning
or harboring a dog for a period of one week prior to the filing of
any complaint charging a violation of this chapter, shall be held
and deemed to be the owner of such dog for the purpose of this chapter.
In the event any dog found to be in violation of this chapter shall
be owned by a minor, the head of the household in which said minor
resides, shall be deemed to have custody and control of said dog,
and shall be responsible for any acts of the said dog and violation
of this chapter.
Any real property owned by the Town of Newfane, which is
used for recreational purposes by the public, including, but not limited
to, parks or playgrounds.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
Any real property situate within the Town of Newfane, which
is used for educational purposes or purposes incidental thereto.
The area within the corporate limits of the Town of Newfane.
A.
It shall be unlawful for any owner of any dog in the Town of Newfane
to permit or allow such dog to:
(1)
Run at large unless the dog is restrained by an adequate leash, or
unless it is accompanied by its owner or a responsible person able
to control it by a command. For the purpose of this chapter, a dog
or dogs hunting in company of a hunter or hunters, shall be considered
as accompanied by its owner.
(2)
Engage in habitual loud howling, barking, crying or whining or conduct
itself in such manner so as to unreasonably and habitually disturb
the comfort or repose of any person other than the owner of such dog,
or to disturb the public peace.
(3)
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds, garbage containers or other property not belonging to the owner
of such dog.
(4)
Chase, jump upon or 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)
Habitually chase, run alongside of or bark at motor vehicles, cyclists
or pedestrians while on a public street or highway or upon public
or private property, other than property of the owner or harborer
of said dog.
(6)
Create a nuisance by defecating, urinating or digging on public property
or private property of persons other than said owner.
(7)
If a female dog, be off the owner's premises when in heat.
(8)
Be at large on any school premises or recreational areas, or sidewalks
adjacent thereto, unless said dog is on a leash.
Dogs believed to be dangerous to human beings, domesticated
or protected animals will be proceeded against pursuant to § 123
of the Agriculture and Markets Law.
This chapter shall be enforced by any dog control officer, police
officer, or peace officer when acting pursuant to his/her special
duties.
A.
Any dog found in violation of the provisions of § 102-5 of this chapter may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
B.
Every dog seized shall be properly cared for, sheltered, fed and
watered for the redemption periods set forth in § 118 of
the Agriculture and Markets Law.
C.
Seized dogs may be redeemed by producing proof of licensing and identification
pursuant to the provisions of Article 7 of the Agriculture and Markets
Law, and by paying the impoundment fees set forth in § 118
of said article.
D.
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section, whether or not such owner chooses to redeem his/her dog, to the Town Clerk of the Town of Newfane, pursuant to § 118 of the Agriculture and Markets Law.
E.
Any dog unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provisions of § 118 of the Agriculture and Markets
Law.
F.
No action shall be maintained against the Town of Newfane, any dog
control officer, policer officer, or peace officer when acting pursuant
to his/her special duties, or any other agent or officer of the Town
of Newfane, or person under contract to said Town of Newfane, to recover
the possession or value of any dog, or for damages for injury or compensation
for the destruction of any dog seized or destroyed pursuant to the
provisions of this chapter, or the Agriculture and Markets Law.
Any dog control officer, peace officer when acting pursuant
to his/her special duties, or any police officer observing a violation
of this chapter in his/her presence or having received a complaint
from someone having observed a violation of this chapter, shall issue
and serve an appearance ticket for such violation.
[Amended 4-25-2018 by L.L. No. 2-2018]
A.
Any person who observes a dog in violation of this chapter may also
file a complaint under oath with the Dog Control Officer specifying
the nature of this violation, the date thereof, a description of the
dog and the name and residence, if known, of the owner of the dog.
B.
Upon receipt by the Dog Control Officer of any such complaint, he/she
shall investigate said complaint and/or summon the owner to appear
in person before the Town Justice for a hearing, at which both the
complainant and owner shall have an opportunity to be represented
by counsel and to present evidence. If after such hearing, the Town
Justice decides that further action is warranted, he/she may order:
A conviction of a violation of any provisions of this chapter
shall be deemed an offense and punishable by a fine not exceeding
$100, and/or jail term of 15 days for the first offense, and $300
and/or a jail term of 30 days for each offense thereafter, and the
owner or harborer of a dog if so convicted shall be liable for all
damages arising from said violation.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
A.
An applicant for either a new dog license or a renewal of an existing
license after January 1, 2011, shall pay to the Town Clerk at the
time of making said application, the following total fees:
B.
A New York State fee of $1 for spayed or neutered dogs and a $3 for
unspayed or unneutered dogs is mandatory. However, these fees are
already included in the above license fee.
Pursuant to Municipal Home Rule Law, by adoption of this section,
the Town of Newfane, hereby authorizes the Town Board of the Town
of Newfane, to establish by resolution, a schedule of dog license
fees, enumeration fees, dog redemption fees and tag replacement fees.
The Town of Newfane may exercise this authority as needed throughout
the year.
A.
Licensing renewals: The Town Clerk shall periodically review the
records to ascertain dog owners who have failed to renew dog licenses
within the prescribed time period, and shall initiate enforcement
thereof by mailing a ten-day notice of delinquency to the dog owner
of record. If the license is then not renewed with in ten-day period,
the Dog Control Officer will initiate prosecution of such act as a
violation in accordance with § 119 of the Agriculture and
Markets Law, and this chapter.
B.
The Town of Newfane Dog Control officer will, at the beginning of
each month, compile a list to ascertain dog owners to be delinquent.
Dog owners discovered to be in violation of Agriculture and Markets
Law or this chapter, will be served or mailed a ten-day notice of
delinquency requiring the owner to come into compliance. Should the
dog owner fail to be in compliance within the said ten-day period,
the Dog Control Officer will initiate prosecution of such act as a
violation, in accordance with § 119 of the Agriculture and
Markets Law and this chapter.
This chapter shall supersede all prior local laws, ordinances,
rules and regulations relative to the control of dogs within the Town
of Newfane and they shall be, upon the effectiveness of this chapter,
null and void.
This chapter shall be effective immediately upon filing with
the Secretary of State.
