[HISTORY: Adopted by the Town Board of the
Town of Tonawanda 12-17-1979 by L.L No. 4-1979. Amendments noted where applicable.]
[Amended 11-22-2010 by L.L. No. 6-2010]
The purpose of this chapter is to promote the
public health, safety and welfare of the residents of the Town by
providing for the licensing and identification of dogs, the control
and protection of the dog population and the protection of the persons,
property, domestic animals and deer from dog attack and damage.
This chapter shall be applicable in the area
of the Town of Tonawanda, New York, outside the Village of Kenmore.
[Amended 4-10-1989 by L.L. No. 1-1989; 11-22-2010 by L.L. No.
6-2010]
A.
The definitions of terms as set forth in Chapter 59, Part T of the Laws of 2010, contained in Article 7 of the Agriculture and Markets Law of the State of New York, effective January 1, 2011, shall be applicable to such terms contained in this chapter.
B.
PUBLIC PROPERTY
In addition, as used in this chapter, the following terms shall have
the meanings indicated:
All public highways, streets, sidewalks or parking lots;
all parks, playgrounds, recreation facilities or recreation areas
owned and maintained by the Town of Tonawanda; and all buildings,
structures, shelters, facilities and improvements thereon located
in any park, playground, recreation facility or recreation area owned
and maintained by the Town of Tonawanda.
[Amended 6-1-1992 by L.L. No. 2-1992[1]; 7-26-2004 by L.L. No. 5-2004; 11-22-2010 by L.L. No.
6-2010]
Local license fees for all dog licenses issued by the Town of
Tonawanda are established as follows:
A.
An annual fee of $10 and a surcharge of $1 for each dog license issued
or renewed by the Town for spayed or neutered dogs.
B.
An annual fee of $15 and a surcharge of $3 for each dog license issued
or renewed by the Town for unspayed or unneutered dogs.
C.
An annual fee of $25 for each purebred license issued or renewed
by the Town.
D.
No license fee shall be collected for applications submitted for
a dog license for any guide, hearing, service, war, working search,
detection, police and/or therapy dog.
E.
Any future changes in the fee can be made by Town Board resolution.
F.
In the event that an owner of a dog which is licensed by another
municipality in Erie County moves into the Town of Tonawanda, he/she
must obtain an identification tag from the Town Clerk's office.
In such instance, there will be no additional fee owing to the Town
of Tonawanda until such time as the license from the other municipality
expires.
[1]
Editor's Note: This local law also provided that it would
take effect July 1, 1992.
[Added 11-22-2010 by L.L. No. 6-2010]
A.
All dogs within the Town of Tonawanda being four months of age or
older shall be licensed by the Town Clerk's office. The owner
of each dog required to be licensed shall obtain, complete and return
to the Town Clerk's office 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 Board of
the Town of Tonawanda. 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 the vaccination shall not be required.
Each license shall be valid for a period of one year and shall not
be transferable.
B.
Each dog licensed by the Town shall be assigned, at the time the
dog is first licensed, a municipal identification number. Such identification
number shall be carried by the dog on an identification tag which
shall be affixed to a collar on the dog at all times, provided that
the Town may exempt dogs participating in a dog show during such participation.
C.
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which that number has been
assigned.
D.
The Town may provide a licensee, at his or her expense, any number
of tags imprinted with the same number as the purebred license. One
such tag shall be affixed to the collar of each dog harbored pursuant
to the purebred license at all times, provided that the Town may exempt
dogs participating in a dog show during such participation. Such a
tag shall be affixed only to the collar of a dog owned by the holder
of the purebred license and harbored on his premises.
E.
The Town may issue a special tag for identifying any guide dog, service
dog, hearing dog or detection dog, provided that such tag shall be
in addition to the identification tag issued by the Town. The Town
may prescribe the shape, size, color, and form of imprint of the tag
which shall be a different color and shape than the standard identification
tag. Upon application, the Town Clerk shall furnish such tags without
payment of a fee.
[Amended 4-10-1989 by L.L. No. 1-1989]
A.
Except in an industrial district in the Town of Tonawanda, New York,
not more than three dogs six months or more in age shall be harbored
on any premises; provided, however, that a special permit may be granted
by the Town Board of the Town of Tonawanda, New York, to a licensed
veterinarian or veterinary hospital or any incorporated society for
the prevention of cruelty to animals or similar incorporated dog-protective
association to allow the harboring of more than three dogs six months
or more in age. Such special permit may be granted in such instances
and upon such terms and conditions as the Town Board shall determine.
No such special permit shall be granted to allow the harboring of
more than three dogs on premises in an A First Residential, B Second
Residential, M-F Multifamily or C-1 Restricted Business District.
[Amended 9-23-2019 by L.L. No. 2-2019]
B.
No owner of a dog shall keep or harbor a dog in an
unclean or unsanitary manner.
C.
No owner of a dog shall fail to provide adequate food,
water or space for such dog. "Adequate" shall mean sufficient for
the age, size and number of dogs on the premises.
D.
It shall be unlawful for any owner of any dog in the
town to permit or allow a dog to:
(1)
Be off the premises of such owner and in the Town of Tonawanda, New
York, exclusive of the Village of Kenmore, unless restrained by a
chain or leash not exceeding six feet in length and under the control
of a responsible person. Whenever a dog is found off the premises
of the person owning, keeping, harboring or having the care, custody
or control of such dog, not restrained as above provided, it shall
be presumed that such person permitted or allowed such dog to be off
such premises in violation of this section. Further, at all times,
dogs must be confined in an enclosure that prevents escape, or firmly
secured with a collar or chain or other device, so they are unable
to stray from the premises and/or the control of a responsible person.
[Amended 9-23-2019 by L.L. No. 2-2019]
(2)
Engage in habitual loud howling, barking, crying or
whining or conduct itself in such a manner so as to unreasonably disturb
the comfort or repose of any person.
(3)
Bite, chase or harass any person or domestic animal.
E.
No person owning, harboring, keeping, walking or in charge of any
dog shall cause or allow such dog to soil, defile, defecate on or
commit any nuisance on any sidewalk, gutter, street, play area, park
or other public area, nor on any private property, without the permission
of the owner of such property. It shall be the duty of every dog owner
or person having possession, custody or control of a dog to remove
any feces left by said dog and deposit it in a container lawfully
used for the disposal of refuse. The provisions of this section shall
not apply to a dog owner or person who is disabled as defined in Agriculture
and Markets Law § 108 and who has possession, custody or
control of a guide dog, hearing dog or service dog as defined in Agriculture
and Markets Law § 108.
[Amended 4-9-2018 by L.L.
No. 3-2018]
Dog control officers, as defined in Article
7 of the Agriculture and Markets Law of the State of New York, and
any peace officer employed by the town shall be responsible for enforcement
of the provisions herein as well as Article 7 of the Agriculture and
Markets Law.
[Amended 4-10-1989 by L.L. No. 1-1989; 7-26-2004 by L.L. No.
5-2004; 11-22-2010 by L.L. No. 6-2010]
A.
Any person claiming ownership of any dog seized pursuant to § 117
of the Agriculture and Markets Law of the State of New York shall
pay the following impoundment fees:
(1)
Thirty dollars for the first impoundment of any dog owned by that
person.
(2)
Sixty dollars for the second impoundment, within one year of the
first impoundment, of any dog owned by that person.
(3)
One hundred dollars for the third and subsequent impoundment, within
one year of the second impoundment, of any dog owned by that person.
B.
In addition thereto, any person claiming any ownership of any dog
shall be responsible to pay the sum of $20 for each 24 hours or part
thereof for sheltering, feeding and watering said dog.
C.
In any case where veterinary care is necessary to protect the health
and welfare of a dog, in addition to the impoundment fee, the Town
shall also charge for the cost of such veterinary care.
D.
Any future changes in fees can be made by Town Board resolution.
Even though an owner may elect not to redeem
said dog, said owner shall nevertheless be responsible to the Town
of Tonawanda for the impoundment fee and other expenses as set forth
herein. An action may be commenced to collect said sum.
The chapter hereby provides for the issuance
of an appearance ticket pursuant to the provisions of § 124
of the Agriculture and Markets Law to assist in the enforcement of
the Agriculture and Markets Law and this chapter.
A.
Any person convicted of a violation of this chapter
shall be deemed to have committed a violation and shall be subject
to a fine not exceeding $250 or to imprisonment for a period not exceeding
15 days.
B.
Any person taking part in or assisting in any violation
of this chapter shall also be subject to the penalties herein.
C.
Each day that a violation of this chapter is committed
or is permitted to exist shall constitute a separate offense.
The provisions of Article 7 of the Agriculture
and Markets Law of the State of New York shall be applicable in addition
to the provisions set forth in this chapter.
This chapter shall supersede all prior local
laws, ordinances, rules and regulations relative to the control, licensing
and seizure of dogs within the Town of Tonawanda, New York, and they
shall be null and void effective January 1, 1980, except as to violations
thereof occurring prior to the effective date hereof.
