[HISTORY: Adopted by the Town Board of the Town of LeRay as indicated in article histories. Amendments noted where applicable.]
Article I Licensing and Control of Dogs
[Adopted 12-9-2010 by L.L. No. 5-2010; amended in its entirety 11-10-2016 by L.L. No. 8-2016]
Editor’s Note: This local law also superseded former Art. I, Dog License Fees, adopted 1-6-1994 by L.L. No. 1-1994, as amended.
The title of this article shall be "Dog Control Law of the Town of LeRay."
As used in this article, the following words shall have the following respective meanings:
- DANGEROUS DOG
- As also defined in Article 7 of the New York State Agriculture and Markets Law, any dog which without justification:
- A. Attacks a person, companion and causes physical injury or death; or
- B. Behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals; or
- C. Without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death.
- Male and female, licensed and unlicensed, members of the species canis familiaris.
- A person entitled to claim lawful custody and possession of a dog who is responsible for purchasing the license for such dog unless the dog is or has been lost and such loss was promptly reported to the Dog Control Officer and a reasonable search has been made. If a dog is not licensed, the term "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 dog which is kept, brought or comes within the Town. Any person owning or harboring a dog for a period of one week prior to filing any complaint charging a violation of this article shall be held in and deemed to be the owner of such dog. In the event that the owner of any dog found to be in violation of this article shall be under 18 years of age, 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 in violation of this article.
- RUN AT LARGE
- To be in a public place or on private land without the knowledge, consent, and approval of the owner of such lands.
- The Town of LeRay.
Effective January 1, 2011:
All dogs in the Town of LeRay, unless otherwise exempted, must be licensed with the Town Clerk by the age of four months and are required to present a current certificate of rabies at the time of licensing or the renewal of an existing license; provided, however, that dogs of any age which are held at a shelter, pursuant to a contract or agreement with any county, city, town or village, or duly incorporated society for the prevention of cruelty to animals, humane society or dog protective association do not have to be licensed.
Any dog harbored within the Town of LeRay owned by a nonresident of New York State and licensed by a jurisdiction outside the State of New York shall, for a period of 30 days, be exempt from the licensing and identification provisions of this article.
All dog licenses will be for a period of one year and will expire at the end of the month one year from the date of issue.
Fees for licensing of dogs. The fee for a spayed or neutered dog will be $10 (which included the assessment of a surcharge of $1 for the purpose of carrying out animal population control), and the fee for an unspayed or unneutered dog will be $20 (which included the assessment of a surcharge of $3 for the purpose of carrying out animal population control), with such fees being reviewed by the Town Board periodically, and such fees may be changed by a resolution of the Town Board, if deemed necessary. Replacement tags may be acquired from the Office of the Town Clerk for a fee of $3.
Enumeration fee. When the Dog Control Office conducts biannual dog enumeration and a delinquent owner is referred to the Town for licensure on said basis, a fee of $5 will be assessed to all dogs found unlicensed or renewed at the time the enumeration is conducted.
Purebred license. The Town of LeRay will not be issuing purebred or kennel licenses. All dogs will be licensed individually as per the fee system stated above.
Service dog. The Town of LeRay will require a license for any guide dog, service dog, hearing dog, detection dog, wolves, search dog, working dog or therapy dog, but such dogs are exempt from a fee.
The Town of LeRay does not allow the licensing of dogs by a shelter or pound. The shelter or pound must send the adoptive dog owners or persons redeeming dogs to the Town Clerk of the town in which the dog will be harbored for licensing or to the Town Clerk of the Town of LeRay. In such instances, the shelter or pound may issue a ten-day permit, with a copy to be sent to the Town, during which time the owner shall secure a valid license.
All dog licenses may be purchased by visiting the Town offices or by regular mail. If licensing or renewing a license by mail, the appropriate fee must accompany the forms. There will be no refund of fees.
All fees will be used in funding the administration of the Dog Control Law of the Town of LeRay as defined herein.
The Dog Control Officer shall submit a monthly report to the Town of LeRay office by the fifth of each month.
In addition to the above licensure requirements, it shall be unlawful for the owner of any dog in the Town to permit or allow such dog to:
Run at large unless the dog is accompanied by its owner or a responsible person and under the full control of such owner or person. For the purpose of the article, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by its owner.
Engage in habitual and loud howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
Chase, jump upon or at or otherwise harass any person in such manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm.
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 the consent or approval of the owner of such property.
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.
Be "dangerous" as the same is defined by this article and Article 7 of the New York State Agriculture and Markets Law.
Dogs to be seized; keeping of seized dog.
The Dog Control Officer, acting on behalf of the Town or any peace officer, shall seize:
Any unlicensed dog, whether on or off the owner's premises;
Any dog not wearing a tag or not identified and which is not on the owner's premises;
Any dog deemed by complaint or observation to be "dangerous" as the same is defined by this article and Article 7 of the New York State Agriculture and Markets Law.
Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of Agriculture and Markets Law, and it shall be seen that the order of the Town Justice of the Town of LeRay in such case is carried out.
The Dog Control Officer or peace officer observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation.
Any person who observes a dog in violation of this article may file a complaint under oath with the Dog Control Offices specifying the nature of the violation, the date thereof, a description of the dog and the name and a residence, if known, of the owner of such dog. Such complaint may serve as a basis for enforcing the provisions of this article.
Enforcement of the provisions of this article including licensure and offenses regarding violations of §§ 60-4 and 60-5 herein shall be delegated to and controlled by contract with the Dog Control Office. Offenses and appearance tickets regarding such provisions shall be made returnable in the local court.
Upon finding of a violation of § 60-4A through E above, the penalties regarding violations of this article shall be: