[HISTORY: Adopted by the Town Board of the Town of Lancaster as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-6-2010 by L.L. No. 3-2010 (Ch. 13 of the 1966 Codification)]
As used in this article, the following terms shall have the meanings indicated:
IDENTIFICATION TAG
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 Dog Control office and any other information deemed necessary by the Town Clerk.
OWNER
Any person who harbors or keeps any dog.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant to this article is the owner of record.
PERSON
A person, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.
RESIDENT
An individual who maintains a residence within the Town of Lancaster.
SERVICE DOG
Per the 2010 revision to Title II of the Americans with Disabilities Act (ADA) definition of a "service animal," is a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are used purely to provide comfort or emotional support ("therapy animals"), are considered pets.
[Added 10-21-2019 by L.L. No. 8-2019]
The Dogs Ordinance heretofore adopted by the Town Board of the Town of Lancaster on June 4, 1979, and known as Chapter 13 of the Code of the Town of Lancaster, is hereby repealed effective January 1, 2011.
A. 
No person owning a dog, whether licensed or not, shall permit the same at any time to be at large within the Town of Lancaster, outside the municipal boundaries of the Village of Lancaster and the Village of Depew within the Town of Lancaster, unless such dog is effectively restrained by a chain or leash not exceeding six feet in length and is in charge of, and under the control of, a competent person.
B. 
"At large" means any dog that is on property open to the public or is on private property not owned or leased by the owner of the dog, unless permission for such presence has been obtained. No dog shall be deemed to be at large if it is:
(1) 
A guide dog actually leading a blind person;
(2) 
A police work dog in use for police work; or
(3) 
Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.
Any dog control officer or peace officer may seize any dog found to be at large in violation of this article.
A. 
Any person owning or harboring any dog within the Town of Lancaster shall not permit such dog to disturb the peace and quiet of a neighborhood by annoying the residents thereof by howling, barking or making other loud noises.
B. 
Continual howling and barking or the making of other loud noises for a period in excess of 1/2 hour shall be considered annoying and disturbing to persons and shall constitute a violation hereunder.
A. 
Any dog found to be at large, whether licensed or not, seized by any Dog Control Officer or peace officer, shall be held for a period of three days not including the date of seizure, during which time the dog may be redeemed by its owner, provided that the individual claiming the dog is identified as the owner and produces proof that the dog is licensed.
[Amended 11-19-2018 by L.L. No. 6-2018]
(1) 
Twenty-five dollars for the first impoundment of any dog owned by that person and $10 for each additional 24 hours or part thereof.
(2) 
Fifty dollars for the first 24 hours or part thereof and $10 for each additional 24 hours or part thereof for the second impoundment of any dog owned by that person.
(3) 
Seventy-five dollars for the first 24 hours or part thereof and $10 for each additional 24 hours or part thereof for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.
(4) 
One hundred dollars for the first 24 hours or part thereof and $10 for each additional 24 hours or part thereof for the fourth and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.
B. 
The seizure of any dog shall not relieve any person from any violation provided for by § 82-7 of this article.
C. 
If the dog is unlicensed, the dog will be impounded until such time as the owner has paid the license fee and any impoundment fees.
[Added 11-19-2018 by L.L. No. 6-2018]
A. 
It shall be a violation, punishable as provided in Subsection B of this section, for the owner of any dog to permit the same, at any time, to be at large in violation of this article.
B. 
Violation of this article shall be punishable, subject to election of the enforcement officer, either:
(1) 
Where prosecuted pursuant to the Penal Law, by a fine of not more than $25, except that where the person was found to have violated this article within the preceding five years, the fine may not be more than $50, and where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not more than $100 or imprisonment for not more than 15 days, or both; or
(2) 
Where prosecuted as an action to recover a civil penalty, a fine of not less than $ 25 shall be imposed; however, in the instance where the person is found to have violated this article within the preceding five years, the civil penalty may not be less than $50, and where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may not be less than $100.
[Amended 6-3-2019 by L.L. No. 7-2019]
A. 
It shall be the duty of the Dog Control Officer of the Town of Lancaster to enforce the provisions of this article.
B. 
The Dog Control Officer of the Town of Lancaster shall have all the powers of a peace officer in enforcing the provisions of this article. In addition, the Dog Control Officer may serve any process related to any proceeding, whether criminal or civil in nature, including an appearance ticket undertaken in accord with the provisions of this article.
A. 
Any person owning, possessing or harboring a dog four months of age or over in the Town of Lancaster shall be required to have the dog vaccinated to prevent the spread of rabies, except that a rabies vaccine is not required as follows:
(1) 
To a dog brought into the Town for a period not to exceed 15 days; and dogs confined to public or private hospitals devoted to the treatment of sick animals.
(2) 
To a dog whose health would be adversely affected by a rabies vaccination, provided that a written statement, certified by a duly licensed veterinarian, specifying such condition is presented to the Dog Control Officer or the Town Clerk and filed with the Town Clerk's office.
B. 
Any person owning, possessing or harboring a dog who fails or refuses to submit the dog for vaccination within 10 days after a request by a Dog Control Officer, peace officer or police officer shall be in violation of this article.
A. 
Applications for a license or a renewal thereof shall be accompanied by a nonrefundable processing fee of $13 for an altered dog and $20 for an unaltered dog. A senior citizen shall be charged $5 for an altered dog and $12 for an unaltered dog upon proper proof of age 65 or older. A portion of the fee shall be paid over to the agency designated pursuant to Article 7 of the Agriculture and Markets Law to be used for animal population control efforts. An application for a license or renewal shall be in the form prescribed by the Lancaster Town Clerk and shall provide for the following minimum information:
(1) 
The name, residence address and telephone number of each owner; and
(2) 
The name, sex, approximate age, breed, color, markings and other identifying details of the dog; and
(3) 
Veterinarian's statement of spaying or neutering; and
(4) 
Rabies certification in accordance with the provisions of this article; and
(5) 
Such other information or documentation deemed necessary by the Town Clerk to effectuate the purpose of this article.
(6) 
Surcharge, per month, for each dog license not renewed within the specific renewal month regardless as to the number of days lapsed: $5.
[Added 2-2-2015 by L.L. No. 4-2015]
B. 
In the case of an altered dog, every application shall be accompanied by a certificate signed by a licensed veterinarian except that such certificate is not required if same is already on file with the Town Clerk.
C. 
No individual under the age of 18 years shall be deemed an owner of record and be issued a dog license.
D. 
Service dogs, including guide dogs, hearing dogs and detection dogs, are exempt from all licensing fees with proper documentation.
[Amended 10-21-2019 by L.L. No. 8-2019]
A. 
Upon validation by the Town Clerk or authorized Dog Control Officer, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk.
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. 
No residence shall own or harbor more than three dogs. If one or more of said dogs is a female, the offspring of said female(s) are allowed, provided said offspring is less than four months old.
D. 
Identification tag.
(1) 
The Town Clerk shall assign an 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, except that the tag is not required to be worn while the dog is participating in a dog show.
(2) 
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.
(3) 
Any person wishing to replace a tag previously issued shall pay the sum of $3 to the Town Clerk for a replacement tag.
All licenses issued pursuant to this article, and any renewal thereof, shall expire on the last day of the last month of the period for which they are issued, except that no license or renewal shall be issued for a period expiring after the day of the 11th month following the expiration date of the current rabies certificate for the dog being licensed. In the event an applicant for a license or renewal presents a statement certified by a licensed veterinarian, in lieu of a rabies certificate, then the license or renewal shall be issued for one year from the date of the statement.
A. 
Change in owner or address. In the event of a change in ownership of any dog which has been licensed pursuant to this article or change of address of the owner of record of any dog, the owner of record shall, within 10 days of the change, file with the Town Clerk a written notification of such change. Such owner of record shall be liable for any violation of this article until such filing is made or until the dog is licensed in the name of the new owner.
B. 
Lost or stolen dog. If any dog which has been licensed is lost or stolen, the owner of record shall, within 10 days of discovery of such loss or theft, file with the Town Clerk a written notification of such event. In the case of loss or theft, the owner of record shall not be liable for any violation of this article committed after such notification has been made.
C. 
Death of dog. In case of the death of a licensed dog, the owner of record shall notify the Town Clerk of the dog's death either before or upon receipt of a renewal notice from the Town Clerk.
[Amended 11-19-2018 by L.L. No. 6-2018; 12-4-2023 by L.L. No. 4-2023]
A. 
Any dog identified, unlicensed or licensed, in custody of the Dog Control Officer, may be delivered for adoption by the Dog Control Officer or disposed of by euthanasia after a holding period of not less than three days, except that where notice to the owner is given by mail, then the holding period shall not be less than seven days.
B. 
Voluntary surrender.
(1) 
At the time the dog is surrendered to the Dog Control Officer, the owner shall execute a consent agreeing to the surrender and further authorizing the Dog Control Officer, using his/her discretion, to either:
(a) 
Hold the dog for a seven-day period and deliver same for adoption; or
(b) 
Dispose of the dog by euthanasia.
(2) 
Where the record owner surrenders a dog to the Dog Control Officer, there shall be no redemption period applicable.
(3) 
The record owner of the dog shall transfer title to the Town of Lancaster upon surrender by completing the appropriate license sections.
C. 
Licensing prior to releasing from custody. No dog shall be delivered for adoption unless it has been licensed pursuant to this article prior to its release from custody of the Dog Control Officer.
D. 
Fees.
(1) 
The fee for adoption of a dog shall be $100. This fee may be waived, at the sole discretion of the Dog Control Officer, for good cause shown.
(2) 
The fee for the voluntary surrender of a dog to the Dog Control Officer for the purposes of adoption shall be $100. This fee may be waived, at the sole discretion of the Dog Control Officer, for good cause shown.
(3) 
There shall be a fee for the euthanasia and disposal of a dog, which shall be in an amount equal to the cost incurred by the Dog Control Officer in providing this service.
E. 
Violations. The disposition by euthanasia or delivery for adoption of a seized dog shall not relieve any person from any violations of this article or of the New York State Agriculture and Markets Law.
A. 
It shall be the duty of each dog owner or person having possession, custody or control of a dog to remove any feces left by his or her dog on any sidewalk, gutter, street or other public area.
B. 
It shall further be the duty of each dog owner or person having possession, custody or control of a dog to remove any feces left by his or her dog on any other private property.
C. 
Any violation of this section shall constitute a violation punishable by a fine or a civil penalty of not less than $25 nor more than $100.
D. 
The provisions of this section shall be enforced by the Dog Control Officer of the Town of Lancaster.
E. 
The provisions of this section shall not apply to a guide dog, hearing dog or service dog accompanying any person with a disability.
F. 
It shall be an affirmative defense in any prosecution for a violation of Subsection B that the owner of or person in possession of the private property refuses to allow the dog owner or person having possession, custody or control of a dog to enter upon such property for the purpose of removing any feces left by his or her dog thereon.
Should any section or provision of this article be decided by any court to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
This article shall constitute part of the Code of the Town of Lancaster and shall take effect upon filing in the Office of the Secretary of the State of New York and shall not be implemented before January 1, 2011.