[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[1]]
[1]
Editor's Note: This local law also superseded former Art.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.
A.
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.
B.
AGRICULTURE AND MARKETS LAW
AT LARGE
DOG WARDEN/ANIMAL CONTROL OFFICER
IDENTIFICATION TAG
LEASHED
OWNER
OWNER OF RECORD
As used in this article, the following terms shall have the meanings
indicated:
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.
To be a public place or on private land without the knowledge,
consent and approval of the owner of such land.
A person or persons appointed by the Town for the purpose
of enforcing this article.
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.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
The Town of Inlet shall not issue purebred or kennel licenses. All
dogs shall be licensed individually in accordance with the fees stated
above.
D.
The Town of Inlet shall require a license for any guide dog, service,
hearing and detection dog but the fee will be waived.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
Chasing or leaping on bicycles or motor vehicles.
D.
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.
