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Town of Lloyd, NY
Ulster County
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Table of Contents
Table of Contents
Code
New Laws (6) Index
[HISTORY: Adopted by the Town Board of the Town of Lloyd as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-11-2002 by L.L. No. 5-2002[1]]
[1]
Editor's Note: This local law also repealed former Ch. 49, Dogs and Other Animals adopted 6-1-1958, as amended.
[Amended 12-8-2010 by L.L. No. 16-2010]
Pursuant to the provisions of (Chapter 59; Part T of the laws of 2010) Article 7 of the Agriculture and Markets Law,[1] each local government currently authorized to issue dog licenses will be responsible to track and issue license renewals. The Town Board of the Town of Lloyd wishes to enact amendments to its Town Code, Chapter 49 Article 1 to provide for the licensing of dogs. The purpose of this article is to protect the health, safety and well being of persons and property by imposing restrictions on the keeping, licensing and identification of dogs within the Town.
[1]
Editor's Note: Chapter 59, Part T, of the Laws of 2010 amended Article 7 of the Agriculture and Markets Law, effective 1-1-2011.
[Amended 12-8-2010 by L.L. No. 16-2010]
A. 
As used in this article, the following terms shall have the meanings indicated:
DOG
Any member of the species canis familiaris.
SERVICE DOG, GUIDE DOG, POLICE-WORK DOG, HEARING DOG, DETECTION DOG, WAR DOG, and THERAPY DOG
All defined as set forth in Section 108 of the Agriculture and Markets Law of the State of New York.
B. 
All other words and phrases in this article have the meanings respectively ascribed to them by Section 108 of the Agriculture and Markets Law.
A. 
No person who owns, possesses or harbors a dog shall allow or permit such dog to run at large in the Town unless effectively restrained by a leash not exceeding eight feet in length or unless accompanied by its owner or other responsible person in full control of such dog.
B. 
For the purpose of this section, "full control" means that the dog will respond to the command, order or signal of the owner or other responsible person or be under control at all times by his physical restraints, restraint by leash, command, order or sign which will prevent the dog from bothering, worrying, annoying, chasing or barking at any person or animal.
C. 
No person who owns, possesses or harbors a female dog shall permit such dog to be outside a building or fenced enclosure in time of heat, except under leash restraint in the presence of an owner or responsible party to exercise the dog.
A. 
A dog shall be permitted to run at large in the Town while engaged in the sport of hunting, field training or field trials and accompanied by the owner or other responsible person.
B. 
A dog shall be permitted to run at large on the property of the owner or other persons harboring same, provided that:
(1) 
The dog is not dangerous.
(2) 
The dog does not chase or bark at persons, automobile, bicycles or moving vehicles, cause unreasonable disturbance in the neighborhood or imperil the safety or disturb the comfort and repose of any person.
A. 
Permitting dog to damage property prohibited. No person who owns a dog shall permit or suffer such dog to damage or destroy property of any kind, except the owner's property.
B. 
Keeping of persistently barking dog prohibited. No person shall keep, suffer or permit to be kept on the premises occupied by such person any dog which by its continual barking, howling or whining or other frequent or long-continued noise shall unreasonably disturb the comfort or repose of any person.
C. 
Sanitary requirements. No person who owns a dog shall permit the premises, structures or enclosures in which such dog is kept to be unclean or unsanitary.
D. 
Running at large on place of public assembly prohibited. No person owning, keeping, harboring or having the care, custody and/or control of any dog shall permit such dog to be at large on the grounds or on premises of places of public assembly unless restrained and under leash not exceeding eight feet.
E. 
Kennels or dog hospitals. No person shall keep or maintain a kennel and/or hospital for the raising, breeding, boarding, care or treatment of dogs in the Town unless the use complies with the Town's zoning laws and the kennel or hospital is enclosed or a suitable enclosure is provided and unless the enclosure or house used for such purpose shall be a minimum of 1,000 feet from any building or residence used or occupied by a person, firm, partnership or corporation for business or residential purpose.
A. 
Any person owning or in charge of any dog which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, play area, park, parking lot or any place where people congregate or walk, or upon any private property, without the permission of the owner of said property, shall immediately remove all feces deposited by any such dog in a sanitary manner.
B. 
The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of any such dog in a sealed, nonabsorbent, leak-proof container. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary.
C. 
The provisions of this section shall not apply to a guide dog, hearing dog or service dog accompanying any person with a disability.
D. 
In case a dog is unattended, information secured by an enforcement officer from a license or tag secured to said dog shall present a rebuttable presumption that the owner identified by such license or tag is the owner or person in charge of said dog.
The Town Board shall appoint a dog control officer or officers, as needed, pursuant to the appropriate statutes of the State of New York.
It shall be the duty of such dog control officer or officers, as well as of any peace officer, when acting pursuant to his special duties, or of a police officer in the employ of the Town of Lloyd, to enforce the appropriate provisions of this article and the Agriculture and Markets Law of the State of New York with respect to dogs in the Town of Lloyd. The dog control officer or officers, as well as any peace officer, when acting pursuant to his special duties, or police officer in the employ of the Town of Lloyd, shall seize any dog or dogs not restrained and in violation of this article, as well as any dog or dogs otherwise required to be seized under and by virtue of the Agriculture and Markets Law of the State of New York. The duties are imposed upon every peace officer, when acting pursuant to his special duties, or police officer in the employ of the Town of Lloyd to investigate any complaint of violation of this article and to enforce the provisions thereof. The duty is also imposed upon other Town officers to enforce the provisions of this article insofar as they have any statutory authority in connection therewith.
[Amended 4-18-2012 by L.L. No. 6-2012]
A. 
Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized, 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 the provisions of this article and further provided that the owner pays the following impoundment fees:
(1) 
Twenty-five dollars for the first impoundment of any dog owned by that person, plus $30 per day kennel fee for every day impounded;
(2) 
Fifty dollars impoundment fee and kennel fee of $30 for each additional 24 hours or part thereof for the second impoundment, within one year of the first impoundment, of any dog owned by that person; or
(3) 
Seventy-five dollars impoundment fee and kennel fee of $30 for each additional 24 hours or part thereof for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.
B. 
In addition to impound and kennel fees: after-hours pickup fees will be $50. Normal pickup hours are 8:00 a.m. to 6:00 p.m., Monday through Friday.
[Amended 12-8-2010 by L.L. No. 16-2010]
A. 
All dogs in the Town must be licensed by the Town Clerk by the time that said dog attains four months of age. Owners are required to present a current certificate of rabies vaccination at the time of licensing said dog and a certificate of neutering if applicable.
B. 
All dog licenses shall be valid for a period of one year. Licenses shall not be transferable.
C. 
Fees for licensing of dogs.
(1) 
The fee for a spayed or neutered dog shall be $3 plus a state-mandated surcharge of $1 for the purpose of carrying out animal population control.
(2) 
The fee for an unspayed or unneutered dog shall be $8 plus a state-mandated surcharge of $3 for the purpose of carrying out animal population control.
(3) 
Such fees shall be reviewed by the Town Board from time to time and may be changed by a resolution or local law of the Town Board.
D. 
Notwithstanding anything to the contrary, there shall be no license fee required for any license issued to a guide dog, police work dog, war dog, hearing dog, detection dog, service dog or therapy dog as defined in Section 108 of the Agriculture and Markets Law.
E. 
Notwithstanding anything to the contrary, no license shall be required for any dog that is residing in a dog pound or shelter maintained by or under agreement with the State of New York or any county, city, town or village, or any duly incorporated society for the prevention of cruelty to animals, or any duly incorporated humane society, or duly incorporated dog protective association.
F. 
All dog licenses shall be purchased at the Town Clerk's office or may be requested by regular mail. However, if a licensing or renewal of a license is done by mail, the appropriate fees must accompany the application form.
G. 
The Town Clerk shall retain a copy of each dog license issued and, upon request, shall make a copy of same available to the Department of Agriculture and Markets.
H. 
In the event of a change of ownership of a dog or a change of address of a dog, or in the event that a dog has been lost or stolen, notification of same shall be given to the Town Clerk within 48 hours of said event. Failure to notify the Town Clerk as required herein shall be punishable pursuant to § 49-11 herein.
I. 
At a time a dog is first licensed, one identification tag shall be furnished to the owner at no additional charge. Any replacement tag shall be obtained by the owner at the owner's expense. Any person wishing to replace a tag previously issued shall pay the sum of $5 to the Town Clerk for a replacement tag.
J. 
There will not be distinct purebred licenses as previously provided by the state. Any and all existing purebred licenses shall now be required to comply with this chapter of the Town Code.
[Amended 12-8-2010 by L.L. No. 16-2010]
Penalties for the violation of this article shall constitute a violation of the provisions of Article 7, Section 118 of the Agriculture and Markets Law of the State of New York.
[Adopted 7-11-2007 by L.L. No. 7-2007[1]]
[1]
Editor's Note: Editor's Note: This local law also provided that Ch. 49 be retitled from "Dogs" to "Control of Animals and Wildfowl."
As used in this article, the following terms shall have the meanings indicated:
FEED
To place, deposit, scatter or distribute in a location accessible to waterfowl/migratory birds any type of food, including but not limited to corn, wheat or other grains, bread, popcorn, scraps or any substance liable to be eaten by the waterfowl/migratory birds.
WATERFOWL
Whether migratory or not: species of birds commonly known as "Canada geese," "mallard ducks," and any other waterfowl under the jurisdiction of the United States Fish and Wildlife Service.
No person shall feed or provide food for any waterfowl at any time in the Town of Lloyd, or create any condition which results in a congregation of waterfowl on property which results in:
A. 
Accumulation of feces;
B. 
Damage to flora or fauna;
C. 
A nuisance;
D. 
Threat to the health or welfare of humans or waterfowl.
Any person violating any of the provisions of this article shall, upon conviction, be punishable as set forth in Article I, § 49-10, above.
The provisions of this article shall be administered and enforced by the members of the Town of Lloyd police and/or the Animal Control Officer, who shall have the power to issue appearance tickets.