[HISTORY: Adopted by the Town Board of the Town of Inlet as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-1-2011 by L.L. No. 1-2011]
Editor's Note: This local law also superseded former Art. I, Control of Dogs, adopted 10-1-1974, as amended.
The title of the article shall be "Dog Licensing and Control Law of the Town of Inlet, County of Hamilton."
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law of the State of New York.
The purpose of this article is to preserve public peace and good order in the Town of Inlet, by providing for the licensing and identification of dogs within the boundaries of the Town.
All terms not specifically defined herein shall have the meaning assigned to such terms within § 108 of the Agriculture and Markets Law of the State of New York.
As used in this article, the following terms shall have the meanings indicated:
- AGRICULTURE AND MARKETS LAW
- The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, as amended by this article, and as thereafter amended.
- AT LARGE
- To be a public place or on private land without the knowledge, consent and approval of the owner of such land.
- DOG WARDEN/ANIMAL CONTROL OFFICER
- A person or persons appointed by the Town for the purpose of enforcing this article.
- IDENTIFICATION TAG
- A tag issued by the Town Clerk showing an identification number together with the name of the Town and state, the telephone number of the Town Clerk, and any other information deemed necessary by the Town Clerk.
- Restrained by a leash; attached to a collar or harness of sufficient strength to restrain the dog and which shall be held by a person having the ability to control the dog.
- The person entitled to claim lawful custody and possession of a dog and 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 Warden/Animal Control Officer, or any peace officer, and a reasonable search has been made. If a dog is not licensed, the term "owner" shall designate and cover control of, harboring or is otherwise being responsible for any dog which is kept in, brought into or comes with in the Town. Any person owning or harboring a dog for a period of one week prior to the filing of any compliant charging a violation of this article shall be held and deemed to be the owner of such dog for the purpose of this article. In the event that the owner of any dog found to be in violation of this article shall be under 18 years of age, any 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.
- OWNER OF RECORD
- The person in whose name a dog was last licensed
It shall be unlawful for any owner of a dog in the Town of Inlet to permit or allow the following:
At Large. No person who owns, harbors or has the custody or control of a dog, whether licensed or not, shall permit such dog to be at large in the Town of Inlet. A dog shall not be deemed to be at large if accompanied by and under the full control of a person, nor shall any dog be deemed at large where it is on the premises of the person owning, harboring or having custody or control of such dog, or upon the premises of another person with the knowledge and permission of such other person.
Leashing. The owner, harborer or person having custody or control of a dog within the Town of Inlet not upon the premises of such person or premises of another with the knowledge and permission of such other person shall control and restrain such dog by means of a suitable leash.
Exemption of certain dogs. The provisions of this article shall not apply to dogs exempt from the provision of Article 7 of the Agriculture and Markets Law by virtue of § 107 thereof, or to dogs exempted by the provisions of the Conservation Law.
Noise nuisances. It shall be unlawful for any person in the Town of Inlet to keep or harbor any dog(s) which by barking, howling, whining or any loud noises is audible across a residential property line for 15 minutes in any one-hour interval, and disturbs a person of normal sensitivities.
Female dogs. All female dogs shall be confined to the premises of their owner while such are in season (heat) and may not be left outside unattended. Any owner not adhering to this rule will be subject to having the dog seized by the Dog Warden/Animal Control Officer, or any peace officer, and removed to a safe place of confinement.
No person shall own or possess a dog within the Town of Inlet unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law and laws of the Town.
All dogs are required in the Town of Inlet to be licensed with the Town Clerk by the age of four months, and any person applying for a dog license shall present a current certificate of rabies vaccination at the time of application for a license or for the renewal of an existing license.
All dog licenses shall be valid for a period of one year and shall expire at the end of the month, one year from the date of issuance.
The Town of Inlet shall not issue purebred or kennel licenses. All dogs shall be licensed individually in accordance with the fees stated above.
The Town of Inlet shall require a license for any guide dog, service, hearing and detection dog but the fee will be waived.
All dog license shall be purchased in person or by regular mail at the Town offices. If licensing or renewing a license by mail, the appropriate fee shall accompany the forms. There shall be no refund of fees.
Fees for spayed or neutered dogs will be set at $7.50 unspayed or unneutered dogs will be $12.50 and replacement tags will be $3 unless otherwise changed by the Town Board. Fees will be set at the yearly organizational meeting of the Town Board.
All premises occupied or used by dogs shall be kept in a clean, sanitary condition. Failure to provide adequate food, water or space shall subject dogs to seizure and confinement. Upon conviction of the owner or harborer, the dogs become the property of the Town of Inlet to be released to an authorized humane society, veterinarian or kennel for adoption or euthanasia, and the cost becomes the responsibility of the owner.
The Dog Warden/Animal Control officer or any peace officer shall seize any unlicensed dog whether on or off the owner's premises and/or any dog not wearing a tag, not identified and not on the owner's premises.
If a dog seized is not wearing an identification tag (license tag), it shall be held for a period of no less than five days, at the owner's responsibility, for fees issued by the kennel holding the dog.
If a dog seized is wearing an identification number, the owner shall be promptly notified either in person or phone. If the owner does not pick up the dog within a set time, the dog will be taken to the kennel and will be held until the owner comes for the dog and pays for fees incurred during its stay at the kennel.
If not redeemed, the owner shall forfeit all title to the dog, and it shall be released to an authorized humane society or kennel to be adopted or euthanized.
All fees shall be used in funding the administration of the Dog Licensing and Control Law of the Town of Inlet.
Upon taking custody of any animal, the Dog Warden/Animal Control Officer or any peace officer shall make a record of the matter. The record shall include date of pickup, general description, sex, identification numbers, time, location of release and name and address of owner, if known.
Any person who observes a dog in violation of the following may sign a complaint, under oath, with a Justice of the Town of Inlet or with the authorized Dog Warden/Animal Control Officer or any peace officer, specifying the violation, the date, damage caused and including place(s) violation occurred and the name and address of the dog owner, if known. An appearance ticket shall be issued and the dog seized, either on or off the owner's premises.
Causing damage or destruction to public or private property, defecating, urinating or otherwise committing a nuisance upon the property of another, other than the owner or harborer of the dog.
Biting, chasing, jumping upon or otherwise harassing any person in such a manner as to cause intimidation or to put such a person in reasonable apprehension of bodily harm or injury.
Chasing or leaping on bicycles or motor vehicles.
Killing or injuring any dog, cat or other household pet.
No person shall hinder, resist or oppose the Dog Warden/Animal Control Officer or peace officer authorized to administer or enforce the provisions of this article in the performance of the officer's duties under this article.
The owner or harborer of any dog so destroyed under the provisions of this article, whether destroyed by a Dog Warden/Animal Officer or peace officer or released to an authorized humane society or veterinarian, 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.
Any violation of this article shall be punishable, for each violation, by a fine of not more then $25 or imprisonment for not more than 15 days, or both.
This article shall take effect March 1, 2011, after filing with the Secretary of State of the State of New York.