[HISTORY: Adopted by the Town Board of the Town of Walworth as indicated in article histories. Amendments noted where applicable.]
Noise — See Ch. 108.
[Adopted 12-16-2010 by L.L. No. 7-2010]
This article shall be known as the "Dog Licensing and Control" of the Town of Walworth, Wayne County, New York.
The purpose of this article shall be to preserve the public peace and good order in the Town of Walworth and to contribute to the public welfare, safety and good order of its people by establishing certain regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of owners of dogs and of other residents of the Town of Walworth, providing for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, domestic animals and deer from dog attack and damage.
This article is enacted pursuant to the provisions of Article 7, Licensing, Identification and Control of Dogs, of the New York State Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
All terms not specifically defined herein shall have the meanings assigned to such terms within § 108 of the New York State Agriculture and Markets Law.
As used in this article, the following terms shall have the meanings indicated:
- The delivery of any dog, seized or surrendered, to any natural person 18 years of age or older for the limited purpose of harboring as a pet.
- AGRICULTURE AND MARKETS LAW
- The New York State Agriculture and Markets Law in effect as of the effective date of this article and as thereafter amended.
- AT LARGE
- An unleashed dog off the premises of the owner.
- The Clerk of the Town of Walworth.
- (1) Any dog which:
- (a) Without justification, attacks a person, companion animal, farm animal, or domestic animal, as such animals are defined under the New York State Agriculture and Markets Law, and causes physical injury or death; or
- (b) Behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals; or
- (c) Without justification, attacks a service (therapy) dog, guide dog or hearing dog and causes physical injury or death.
- (2) Does not include a police work dog which acts in the manner described in this definition while such police work dog is being used to assist one or more law enforcement officers in the performance of their official duties.
- Any member of the species canine familial.
- DOG WARDEN or DOG CONTROL OFFICER
- A person or persons appointed by the Town Board of the Town of Walworth to assist in the enforcement of this article.
- To bring about death by a humane method.
- To provide food or shelter to any dog.
- IDENTIFICATION TAG
- A tag issued by the Town Clerk which sets forth the 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. The identification tag shall be affixed to a dog collar at all times pursuant to § 111 of the New York State Agriculture and Markets Law. While participating in dog shows, dogs are exempt.
- LEASHED or RESTRAINED
- The dog is equipped with a collar/harness to which a leash is attached or restrained by a person having the ability to control the dog.
- Includes any person who keeps, harbors or has the care and custody of a dog. Dogs owned by persons under the age of 18 shall be deemed to be in the custody and control of parents or other head of the household where the minor resides.
- Three or more dogs running together or in any manner forming a group of dogs.
- POLICE WORK DOG
- Any dog, owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.
- RECOGNIZED REGISTRY ASSOCIATION
- Any nationally recognized breed associations qualifying under Article 7 of the New York State Agriculture and Markets Law.
- WAR DOG
- Any dog which has been honorably discharged from the United States Armed Services.
Licensing of dogs. All dogs within the Town of Walworth that are four months of age or older, unless otherwise exempted, shall be licensed. The owner of each dog required to be licensed shall obtain a license from the Town Clerk. Each license application shall be accompanied by a license fee and any other applicable state fees as may be established by resolution of the Town of Walworth and 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 vaccination shall not be required. In the case of a spayed or neutered dog, each application shall be accompanied by a certificate, signed by a licensed veterinarian, showing that the dog has been spayed or neutered. Such certificate shall not be required if the same is already on file with the Town Clerk. Each license issued shall be valid for a period of one year and shall be renewable thereafter on the anniversary date of the original license. This license shall not be transferable.
Enumeration. Upon determination by the Walworth Town Board, the Town Board shall by resolution establish enumeration procedures and fees. Should a dog be identified as unlicensed during enumeration, the enumeration fees collected shall be used to pay the expenses incurred by the municipality.
Exempt. The Town of Walworth exempts the following dogs (guide, hearing, service, war, search, detection, therapy, and police dogs) from licensing fees. The owner must pay the applicable state fee as per the fee schedule adopted by Town Board resolution.
Purebred licenses. The owner of one or more purebred dogs registered by a recognized registry association may annually make application for a purebred license. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk a dog purebred license application, together with the license application fee, any applicable license surcharges, and such additional fees as may be established by the Town of Walworth. 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 vaccination shall not be required. In the case of a spayed or neutered dog, each application shall be accompanied by a certificate, signed by a licensed veterinarian, showing that the dog has been spayed or neutered. Such certificate shall not be required if the same is already on file with the Town Clerk. Each license issued shall be valid for a period of one year and shall be renewable yearly thereafter on the anniversary date of the original license. A purebred license will be issued one dog tag. This license shall not be transferable.
Animal shelters. Dogs of any age held at a shelter pursuant to a contract or agreement with the Town of Walworth and any dogs confined to the premises of any public or private hospital devoted solely to the treatment of sick animals or confined for the purposes of research to the premises of any college or other educational or research institution, humane society, dog protective association or veterinary facilities are exempt from the licensing requirements set forth herein. The Town of Walworth does not allow the licensing of dogs by a shelter. Shelters shall send all dog owners to the Town Clerk of the Town in which the dog will be harbored for licensing.
Identification of dogs.
The Town Clerk shall assign a Town identification number to a dog when it is first licensed, which shall be affixed to the collar of the dog at all times.
An identification tag is not required to be worn while a dog is participating in a dog show.
Tags shall not be affixed to the collar of any dog other than the one to which the number has been assigned.
Any replacement tag shall be at the owner's expense, the charge to be determined by the Town Board.
Grace period. A dog harbored within the Town of Walworth which is owned by a resident of New York City or licensed by the City of New York or which is owned by a nonresident of New York State and licensed by a jurisdiction outside the State of New York shall, for a period of 30 days, be exempt from the licensing and identification provisions herein.
Change of ownership; lost, stolen or deceased dogs. In the event of a change in the ownership or address of any dog licensed by the Town of Walworth or in the event that any such dog has been lost, stolen or deceased within 10 days of such change, the owner shall notify the Town Clerk.
General. All dogs in the Town of Walworth are hereby required to be restrained by a leash while off the owner's premises, whether such dogs are or are not tagged or licensed; provided, however, that a dog is permitted to be unleashed while off the owner's premises when under restraint of its owner or any member of the owner's household or when on the premises of another person with such person's consent or when hunting in company with a hunter(s), and no person who owns, keeps, harbors or has the care, custody or control of any dog in the Town of Walworth shall permit such dog to be at large or unleashed in said Town, except as permitted by this article.
Dangerous dogs. The owner of any dog which is vicious or dangerous to persons shall at all times restrain and control such dog so as to prevent injury to persons. The owner shall also restrain and control such dog so as to prevent it from running at large with a pack of other dogs and from chasing moving vehicles, animals and children.
Female dogs. Any female dog shall be confined to the premises of the owner while such female dog is in season/heat.
Nuisance. No person being the owner or agent of the owner of any dog shall permit such dog, even though leashed or on owner's property, to commit any nuisances within the Town of Walworth. The following are declared public nuisances and are set forth herein for explanatory purposes only and are not to be considered as excluding other types of nuisances:
Engaging in loud howling, whining or habitual barking or so conducting itself so as to disturb the public peace.
Chasing and/or barking at moving vehicles or persons on foot or bicycle.
Jumping upon any person or knocking any person over.
Being found upon any school grounds or upon a playground during the time of year and time of day when said playground activities are conducted.
Running together in a pack or in any manner forming a pack of dogs.
No dog shall be permitted to run at large within the Town of Walworth as prescribed in this article.
No dog shall be permitted upon public streets, public property or within public buildings within the Town of Walworth unless accompanied by an adult or by a minor who is able to restrain and control said dog.
Damaging or defacing property not belonging to the owner of the dog.
Depositing waste or committing nuisance on the private property of a person or party other than that of the owner of the dog, including Town parks, recreation areas, sidewalks, paved streets and/or nonpaved areas, such as flower beds, and grassy areas within culs-de-sac which are public property. Owners shall remove all feces immediately, and feces shall be disposed of in a sanitary manner. This section shall not apply to any blind person accompanied by a guide dog or to a dog used to assist any other physically handicapped person.
Any Dog Warden or Dog Control Officer of the Town of Walworth shall have authority to administer and enforce the provisions of this article and, for that purpose, shall have the authority to issue appearance tickets and to seize dogs, either on or off of the owner's premises.
Any Dog Warden or Dog Control Officer of the Town of Walworth shall seize any dog:
Each dog seized in accordance with the provisions of this article shall be properly sheltered, fed and watered for the redemption period at the owner's expense, as established by Town Board resolution, in accordance with the applicable provisions of the New York State Agriculture and Markets Law.
If any dog is in violation of § 56-5 or 56-6 and the dog is wearing a license tag, the Dog Warden or Dog Control Officer shall make good faith efforts to ascertain the owner of the dog and give immediate written/verbal notice to the owner, or an adult member of the family, stating that the dog is in violation of this article and will be seized unless the situation is rectified or unless the court shall rule otherwise. Alternatively, the Dog Warden or Dog Control Officer may seize any dog found in violation of § 56-5 or 56-6, and the owner of record of such dog shall be notified, personally or by regular mail, certified mail, return receipt requested, of the facts of seizure and the procedure for redemption.
Each dog seized 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 to the Town Clerk proof the dog is licensed and identified and pays fees established by Town Board resolution. If notification is personally given, the dog may be redeemed by the owner within seven days. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees prescribed and by producing proof that the dog has been licensed.
If an owner is entitled to redeem a dog pursuant to Subsection E above, and if not redeemed, the dog shall then be made available for adoption or euthanized by the impoundment facility. The impoundment facility that destroys the dog shall immediately dispose of the same and make a monthly written report of such destruction and disposition to the Town Clerk, who shall keep a record thereof.
Potentially rabid dogs.
The Dog Control Officer is hereby authorized to seize or direct the confinement of any dog which is reported to have attacked or injured a human being. Any such dog shall be confined by the owner for such length of time as may be necessary for the purposes of determining whether such dog is affected by rabies, and if so, it may be destroyed.
The owner of such dog shall, upon demand, deliver the possession of such dog to the Dog Control Officer, or any officer authorized to seize the same, and shall, upon demand, pay to the Town of Walworth the cost of such confinement and treatment or destruction of the dog.
Any person who observes or has knowledge of a dog violating any section of this article may file a complaint under oath with the Justice of the Town of Walworth specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog, and the name and address, if known, of the owner or other person harboring the dog.
Upon receipt by said Justice of any complaint against the conduct of any particular dog, said Justice may summon the alleged owner or other person harboring said dog to appear in person before him or her; if the summons is disregarded, said Justices may permit the filing of the information and issue a warrant for the arrest of such person.
The Dog Control Officer shall make and maintain a complete record of any seizure and subsequent disposition of any dog. Such record shall include, but not be limited to, a description of the dog, the date and hour of seizure, the municipal identification number of the dog (if any), the location where seized, the reason for the seizure and the owner's name and address, if known.
Any Justice of the Town of Walworth shall have jurisdiction of all actions and proceedings hereunder and of all prosecutions for the violation of this article.
The noncompliance with any provision of this article shall be deemed a violation under this article, and each separate offense shall constitute a separate additional violation. Any person convicted of a violation of this article shall be liable for a fine of the discretion of the Town of Walworth Justice. The provisions hereof are in addition to the regulations, restrictions, requirements and penalties contained in Article 7 of the New York State Agriculture and Markets Law.
Fees shall be set by resolution of the Town Board of the Town of Walworth pursuant to New York Municipal Home Rule Law § 10 and New York State Agriculture and Markets Law § 110. By the adoption of this article, the Town of Walworth, County of Wayne, hereby authorizes the Town Board of the Town of Walworth, County of Wayne, to establish, by resolution, a schedule of dog license fees, enumeration fees, tag replacement fees, court penalties and impoundment fees. The Town Board of the Town of Walworth, County of Wayne, may exercise this authority as needed hereafter by resolution.