[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as
Ch. 81 of the 1983 Code. Amendments noted where applicable.]
This chapter, enacted pursuant to the provisions
of Article 7 of the Agriculture and Markets Law of New York State,
shall be known as "Animals and Dogs."
The purpose of this chapter shall be to preserve
public peace and good order in the Town/Village of East Rochester
and to contribute to the public welfare, safety and good order of
its people by enforcing certain regulations and restrictions on the
activities of dogs and cats that are consistent with the rights and
privileges of dog and cat owners and the rights and privileges of
other citizens of the Town/Village of East Rochester.
As used in this chapter, the following terms
shall have the meanings indicated:
A person or persons duly appointed by the Town/Village of
East Rochester for the purpose of enforcing this chapter.
Any licensed, unlicensed or identifiable dog which is unleashed
and off the premises of the owner.
Both male and female dogs, except where the context requires
otherwise.
To provide food or shelter to any dog.
Any dog which is duly licensed but not carrying an identification
tag as provided in § 111 of Article 7 of the New York State
Agriculture and Markets Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Restrained by a leash of not more than eight feet in length
attached to a collar or harness of sufficient strength to restrain
the dog and which leash shall be held by a person having the ability
to control and restrain the dog.
Any person who keeps, harbors or has custody, care or control
of a dog. Dogs owned by minors shall be deemed to be in the custody
and control of parents or other head of household where the minor
resides. Any person harboring a dog for a period of two weeks prior
to the filing of any complaint charging a violation of this chapter
shall be held and deemed to be the owner of the dog for the purpose
of this chapter.
No person shall bring into or keep within the Town/Village limits any live animals except for a show or exposition, except cats, dogs and other household pets and such fowl as may be permitted under Chapter 143, Poulterers.
A.
The owners or harborers of cats must at all times
take full responsibility for keeping them out of the garbage and gardens
of other Town/Village residents for the purpose of good health and
cleanliness in the Town/Village of East Rochester.
B.
Any owner or harborer of a cat, which cat is persistently
seen tearing into garbage containers or bags, seen digging on property
other than that of its owner or harborer and can be positively identified
by the complainant will be spoken to by the Dog Control Officer who
assists with all animals in the Town/Village of East Rochester.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
It shall be unlawful for any owner of a dog in the
Town/Village of East Rochester to permit or allow such dog to:
(1)
Run at large.
(2)
Be off the owner's property unless leashed.
(3)
Cause damage or destruction to public or private property,
or to deposit feces or commit a nuisance upon the property of a person
other than the owner or harborer of the dog.
(4)
Bite, chase or otherwise harass any person in such
a manner as to cause intimidation or to put such a person in reasonable
fear of bodily harm or injury.
(5)
Engage in habitual loud howling, barking or whining
or to conduct itself in such a manner as to habitually annoy any person
other than the owner or harborer of the dog.
(6)
Chase motor vehicles or bicycles.
(7)
Kill or injure any dog, cat or other household animal
or pet.
B.
It shall be unlawful for any owner of a dog in the
Town/Village of East Rochester to harbor any dog, on or off his premises,
which is not duly licensed.
C.
Any person owning, harboring, keeping or in charge
of any dog shall immediately remove, in a suitable container, all
feces deposited by such dog on any common thoroughfare, sidewalk,
passageway, play area, park or any place where people congregate or
walk or on any public property whatsoever or on any private property
without the permission of the owner of said property.
[Added 6-26-1997 by L.L. No. 3-1997;
amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(1)
The feces shall be removed from the aforementioned
designated area or shall be deposited in a designated public garbage
receptacle by the person owning, harboring, keeping or in charge of
any dog which deposited such feces. Disposal of feces in the street
storm collection system is prohibited.
(2)
Any dog which serves as a guide dog, hearing dog or
service dog, as defined in Agriculture and Markets Law § 108,
shall be exempt from the provisions of this subsection while such
dog is accompanying a blind person, deaf person or person with a disability.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All female dogs shall be confined to the premises
of their owners while such are in heat and may not be left outside
unattended. Any owner not adhering to this rule will be subject to
having the animal seized by the Dog Control Officer or a police officer
and removed to a safe place of confinement.
All premises occupied or used by animals shall
be kept in a clean, sanitary condition. Failure of any owner or harborer
of an animal to provide adequate shelter, food, water or space shall
subject such animals to seizure and confinement. "Adequate" shall
mean sufficient for age, size and number of animals on the premises.
Upon conviction of the owner or harborer, the animal becomes the property
of the Town/Village of East Rochester, to be released to the Monroe
County Humane Society or other authorized kennel for adoption or euthanasia.
A.
All doghouses and/or dog kennels shall provide shelter
suitable to the age and breed of the dog. Said shelter shall be structurally
sound, clean and sufficient to protect the dog from detriment to its
well-being and shall provide adequate space to allow the dog to move
about in a natural manner, with light, air and temperature sufficient
to protect the dog.
B.
Access and inspection. In order to supervise and enforce
the above standards, the Dog Control Officer may, at any reasonable
time, enter and inspect the doghouse and/or dog kennel.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon recommendation of the County Health Officer,
the Mayor may issue an order declaring that the Town/Village is quarantined
as to dogs or cats, which order shall be published in the official
newspapers of the Town/Village for such time as the Mayor shall deem
necessary and shall remain in force until revoked by the Mayor.
All abandonment cases shall be dealt with according
to Article 25-B, §§ 331 and 332, of the Agriculture
and Markets Law of New York State.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon taking custody of any animal, the Dog Control
Officer or police officer shall make a record of the matter in the
animal control log. The record shall include the date of pickup, breed,
general description, sex, identification numbers, time of pickup,
location of pickup, section of this chapter violated, place of confinement,
date of release and name and address of owner, if any.
Every animal seized shall be properly fed and
cared for at the expense of the Town/Village of East Rochester until
disposition thereof as provided in and in accordance with the applicable
provisions of the Agriculture and Markets Law of New York State.
A.
Any Dog Control Officer or peace officer in the employ of or under contract to the Town/Village of East Rochester shall seize any dog or animal which is in violation of § 81-6 as amended herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Any unlicensed or identifiable dog seized pursuant
to this chapter shall be held for a period of not less than three
days but not more than five days, except as otherwise provided herein,
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 Article 7 of the New York State Agriculture
and Markets Law.
C.
Upon seizure of any licensed dog, the owner of record
of such dog shall be notified personally or by certified mail, return
receipt requested, or by any other method of service as provided for
in the Civil Practice Law and Rules, of the facts of seizure and the
procedure for redemption. If notification is personally given, such
dog shall be held for a period of seven 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 nine 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 to the Town/Village of East Rochester of impoundment
fees and all other expenses incurred by the Town/Village in seizing,
transporting, boarding and caring for the dog so seized.
D.
An owner shall forfeit title to any dog unredeemed
at the expiration of the appropriate redemption period, and the dog
shall then be released to the Monroe County Humane Society, or other
kennel authorized by the Town/Village of East Rochester, to be adopted
or euthanized.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If any animal is so severely ill or injured
or cannot be removed to a veterinary hospital or humane society, then
it shall be humanely destroyed by or at the request of the Dog Control
Officer or a police officer. The carcass shall be immediately disposed
of, and a written report shall be made of such destruction and disposition
to the Police Department, which shall keep a record thereof.
[Amended 3-8-1999 by L.L. No. 1-1999;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Except as otherwise provided in § 118
of the Agriculture and Markets Law, each and every violation of this
chapter shall be punishable by a fine not to exceed $50 for the first
offense, $75 for the second offense and $100 for the third offense.
The Town Justice shall have jurisdiction thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The owner or harborer of any dog so destroyed
under the provisions of this chapter, whether destroyed by an Dog
Control Officer or a police officer or released to the Humane Society
or other authorized kennel contracted by the Town/Village of East
Rochester, New York, shall not be entitled to any compensation, and
no action shall be maintainable thereafter to recover the value of
such dog or any other type of damage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A summons shall be issued by the Dog Control
Officer or a police officer to the owner or harborer of a dog if:
A.
The dog has been picked up twice within 30 days or
less or seen at large twice within 30 days.
B.
The owner or harborer of a dog has been warned that
his dog is in violation of any other section of this chapter twice
within 30 days.
C.
A bona fide complaint has been received, in writing,
that a dog has bitten a human or viciously attacked or killed another
animal.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A Dog Control Officer shall have all the powers
of a constable or other peace officer in the execution of the provisions
of this chapter, including the power to issue appearance tickets pursuant
to § 122 of the Agriculture and Markets Law.
All complaints concerning the claimed violation
of any of the above provisions shall be filed with the Police Department
and shall be in writing, signed by the complainant.
[Amended 3-8-1999 by L.L. No. 1-1999]
A.
The annual fee for each dog license issued pursuant
to the Agricultural and Markets Law of the State of New York shall
be as follows:
B.
Persons 65 years of age or over shall be exempt from
payment of fees in addition to those established by the State of New
York and shall instead pay the following license fees for dogs: $2.50
for spayed/neutered dogs and $7.50 for unspayed/unneutered dogs.
C.
Pursuant to § 110, Subdivision 2, of the
Agriculture and Markets Law, there shall be no fee for any license
issued to any guide dog, hearing dog, service dog, war dog, police
work dog, working search dog, detection dog or therapy dog.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Late fee. An additional amount, as set by resolution
of the Board of Trustees, shall be added for late application for
a dog license.
E.
Cat pickup fees. There shall be a fee for the pickup
and removal of cats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Owner
liable for fee. There shall be a fee, as set by resolution of the
Board of Trustees, for the pickup and removal of cats, payable by
the owner of the cat upon redemption.
(2)
Complainant
liable for fee. There shall be a fee, as set by resolution of the
Board of Trustees, for the pickup and removal of cats, payable by
the person requesting the removal of the cat.
