[HISTORY: Adopted by the Town Board of the
Town of Ellicott 2-1-1995 by L.L. No. 1-1995; amended in its entirety 7-7-2009 by L.L. No.
2-2008. Amendments noted where applicable.]
[Amended 12-6-2010 by L.L. No. 1-2011]
The purpose of this article is to establish
a procedure for the licensing of dogs within the boundaries of the
Town of Ellicott pursuant to § 110 of the Agriculture and Markets
Law of the State of New York.
[Amended 12-6-2010 by L.L. No. 1-2011]
A.
License
required. All dogs in the Town of Ellicott must be licensed with the
Town Clerk by the age of four months. The owner of the dog must present
a current certificate of rabies vaccination at the time of making
an application for a license or the renewal of an existing license.
B.
Term of
license. Dogs may be licensed for terms of one, two or three years.
The license expires one, two or three years from the date of licensing
on the last day of the month.
C.
License
fees. The fee for licensing a spayed or neutered dog shall be $10
for a one-year license, $20 for a two-year license and $30 for a three-year
license. The fee for an unspayed/unneutered dog shall be $18 for a
one-year license, $36 for a two-year license and $54 for a three-year
license. Such fees shall be reviewed by the Town Board periodically
and may be changed by resolution of the Board as deemed necessary;
however, no increase in fees shall apply to a dog already licensed.
No refunds shall be made to any owner on account of the death of the
dog or relocation out of the Town.
D.
Grace period.
Any dog that is properly registered in another jurisdiction in New
York State shall be exempt from registration in the Town of Ellicott
until the expiration of the previous license. Any dog that is properly
registered outside of New York State shall be exempt from registration
in the Town of Ellicott for a period of 30 days.
E.
Penalty for unlicensed dogs. A fee of $25 will be assessed to the owner of any dog found unlicensed or for which the license has not been renewed upon expiration. Such penalty shall be in addition to the licensing fees in Subsection C.
F.
Service
dogs. The Town shall require a license and rabies vaccination for
any guide dog, service dog, hearing dog or detection dog. The license
fees will be waived as those terms are defined in the New York State
Agriculture and Markets Law.
G.
Purchase
of licenses. All dog licenses shall be purchased in person at the
Town offices or by regular mail.
Failure to relicense a previously licensed dog within 60 days of the expiration of the former license shall constitute a violation and subject the owner to the penalties under § 39-9.
A.
The Town of Ellicott Board finds that the uncontrolled behavior of
licensed and unlicensed dogs has created a nuisance in the Town. The
purpose of this chapter is to protect the health, safety and well-being
of persons and property by imposing restrictions on the keeping of
dogs within the Town, outside of the Villages of Celoron and Falconer.
B.
This chapter is in addition to, and not in place of, any other laws,
rules or regulations applying to the keeping of dogs.
As used in this chapter, the following terms shall have the
meanings indicated:
- AT LARGE
- Off the premises of the owner or out of the control of the owner.
- CONTROL
- On a leash or lead of a reasonable length, or unleashed, within a reasonable distance from the owner, and responding to the commands of that person.
- DANGEROUS DOG
- Any dog:
- A. Which, when unprovoked, approaches a person in a vicious or terrorizing manner in an apparent attitude of attack off the premises of the owner.
- B. With a known propensity, tendency or disposition to attack, cause injury to, or endanger the safety of human beings or domestic animals.
- (1) For the purposes of this section, a "known propensity" shall be found if the dog has attacked, caused injury to or endangered the safety of human beings or domestic animals on one prior occasion.
- (1)
- C. Which bites, inflicts injury upon, assaults or otherwise attacks or endangers a human being or domestic animal off the premises of the owner.
- DOG CONTROL OFFICER
- Any individual appointed by the Town to assist in the enforcement of this chapter and Article 7 of the Agriculture and Markets Law, or any authorized officer, agent or employee of an incorporated Humane Society or similar incorporated animal protection association under contract with the Town of Ellicott to assist in the enforcement of this chapter and Article 7 of the Agriculture and Markets Law.
- DOGS
- Both male and female canines.
- DOMESTIC ANIMAL
- Any domesticated animal which may be considered, by the owner, to be a pet.
- NOISE
- Barking, howling, whining or other frequent or continued sound that reasonably disturbs the comfort or repose of any other person located off of the premises of the owner.
- OWNER
- Any person owning, keeping, harboring or having the care, custody or control of any dog, and when such owner shall be a child under the age of 18 years, the head of the household in which the child resides shall be deemed to be the owner of such dog for the purposes of this chapter.
- PRESUMPTION OF LACK OF CONSENT
- In any enforcement proceeding hereunder, it shall be presumed that an at-large dog on the premises of one, other than its owner is there without the consent of the owner of such premises, unless the owner of the dog proves such consent.
- TOWN
- The physical boundaries of the Town of Ellicott, not including the incorporated Villages of Celoron and Falconer.
A.
No dog shall be permitted to be at large or allowed to run at large
within the Town, except that a dog may be upon the property of the
owner or private property or premises of another only with the knowledge,
consent and approval of the owner of such premises, and further excepting
that a dog duly licensed and wearing a collar and license, as required
by Article 7 of the Agriculture and Markets Law of the state, may
be upon a public way or public recreation area, provided that such
dog is then and there under the control of the owner.
B.
No owner shall permit or suffer a dog to damage or destroy property,
of any kind, of another person or to attack, threaten, intimidate,
or bite any person peaceably conducting himself or herself in any
place where such person may lawfully be, or to attack, chase, injure
or kill any domestic animal of another person when such animal is
in any place where it may lawfully be. When any dog is at large contrary
to the provisions of this chapter and commits any such acts, the owner
shall be deemed to have permitted the dog to have committed such acts.
C.
It shall be unlawful for any owner of a dog in the Town to permit
or allow such dog to:
(1)
Cause noise.
(2)
Uproot, dig or otherwise damage any garden, lawn, flowers, or other
property without the consent or approval of the owner thereof.
(3)
Chase, jump upon or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury.
(4)
Defecate, urinate or dig on public property or on private property
without the consent or approval of the owner of such property.
D.
Keeping of dogs. All dogs shall be provided with adequate food, water
and shelter from the elements. Such shelter shall be kept reasonably
free of debris, mud and dog waste.
E.
Dangerous dogs.
(1)
The owner of a dog which has attacked or injured another person or
domestic animal shall confine such dog for such length of time as
may be directed by the Dog Control Officer, Judge, or other law officer
for the purpose of determining whether such dog is affected by rabies,
and if so affected, such dog shall be destroyed under the direction
of the Dog Control Officer.
(2)
The owner of any dangerous dog shall not thereafter permit such dog
to be off the premises of the owner unless such dog is leashed and
securely fitted with a properly fitting muzzle of a type which shall
not permit such dog to bite another person or animal.
A.
Any violation of this chapter shall be deemed an offense punishable
by a fine as follows:
B.
Any penalty imposed under Article 7 of the New York State Agriculture
and Markets Law which is more stringent shall apply to violations
of this chapter.
C.
If any dog which is the subject of a complaint brought under this
chapter is found to be unlicensed, the owner shall be required to
license the dog in accordance with the New York Agriculture and Markets
Law. The costs of licensing shall be in addition to any fine or penalty
imposed hereunder.
D.
The Dog Control Officer or any police officer may seize any dog found to be in violation of this chapter or in violation of the provisions of Article 7 of the Agriculture and Markets Law for the purpose of protection of the dog, protection of the general public, or elimination of an ongoing violation. Any dog so seized may be impounded, redeemed, euthanized or sold as provided in Section 118 of the Agriculture and Markets Law of this state, and the owner of such dog shall pay the costs of such seizure and impoundment as provided therein. The costs of seizure shall be in addition to the fines under Subsection A herein.
E.
Within this section, each separate offense shall constitute a separate
violation. The provisions hereof are in addition to the regulations,
restrictions, requirements and penalties contained in Article 7 of
the Agriculture and Markets Law of the State of New York.
