[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Editor's Note: This local law also repealed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.
[Amended 12-8-2010 by L.L. No. 16-2010]
A.Â
DOG
SERVICE DOG, GUIDE DOG, POLICE-WORK DOG, HEARING DOG, DETECTION
DOG, WAR DOG, and THERAPY DOG
As used
in this article, the following terms shall have the meanings indicated:
Any member of the species canis familiaris.
All defined as set forth in Section 108 of the Agriculture
and Markets Law of the State of New York.
B.Â
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.Â
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.Â
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.Â
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.Â
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.Â
A dog shall be permitted to run at large on the property
of the owner or other persons harboring same, provided that:
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
The provisions of this section shall not apply to
a guide dog, hearing dog or service dog accompanying any person with
a disability.
D.Â
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.Â
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)Â
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)Â
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)Â
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.Â
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.Â
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.Â
All dog licenses shall be valid for a period of one year. Licenses
shall not be transferable.
C.Â
Fees for licensing of dogs.
(1)Â
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)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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]]
As used in this article, the following terms
shall have the meanings indicated:
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.
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:
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.