Town of Grand Island, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Grand Island as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise pollution control — See Ch. 232.
Zoning — See Ch. 407.
[Adopted 8-2-1982 by L.L. No. 3-1982 (Ch. 12 of the 1963 Code)]
The Town of Grand Island, New York finds that the running at large and other uncontrolled behavior of dogs has caused physical harm to persons, damage to property and created nuisances within the Town. The purpose of this article is to protect the health, safety and well-being of persons and property by imposing restrictions and regulations upon the keeping or running at large of dogs and the seizure thereof within the Town.
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law.[1]
[1]
Editor's Note: Original § 12-3, Title, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
As used in this article, the following terms shall have the meanings indicated:
AT LARGE
Any dog that is not restrained by a chain or leash not exceeding six feet in length and under the control of a responsible person, and is on property owned by the public or is on private property not owned or leased by the owner of the dog, unless permission for such presence has been obtained. No dog shall be deemed to be "at large" if it is:
A. 
A guide dog actually leading a blind person.
B. 
A hearing dog actually aiding a deaf person.
C. 
A police work dog in use for police work.
D. 
Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on posted and/or unposted land with the permission of the owner of the land.
HARBOR or KEEP
To provide food or shelter to any dog.
OWNER
Any person owning, keeping or harboring any dog, whether licensed or not. In the event that any dog found in violation of this article shall be owned by a person under 18 years of age, the "owner" shall be deemed to be the parent or guardian of such person (or the head of the household in which said person resides).
It shall be unlawful for any owner of any dog to:
A. 
Permit or allow such dog, in the Town of Grand Island, to:
(1) 
Be at large.
(2) 
Engage in howling, barking, crying or whining, or any combination thereof, for 15 minutes within a one-hour period, provided that such howling, barking, crying or whining is audible beyond the boundary line of the property on which the dog is located.
[Amended 4-2-2001 by L.L. No. 2-2001]
(3) 
Cause damage or destruction to property or commit a nuisance by defecating or urinating upon the premises of a person other than the owner of such dog. It shall be the duty of every person having possession, custody or control of a dog to remove and lawfully dispose of any feces left by said dog on the premises of a person other than the owner of such dog.
[Amended 7-3-1995 by L.L. No. 3-1995]
(4) 
Chase or otherwise harass any person in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
(5) 
Habitually chase, run alongside of or bark at motor vehicles or bicycles.
B. 
Allow premises on which a dog is kept to become unclean or unsanitary.
C. 
Hinder, resist or oppose any special police, the Animal Control Officer or any employer or representative of the Town in the performance of his duties under this article.
D. 
Own, keep or harbor or have care, custody or control of any dog not licensed as required by Article 7 of the Agriculture and Markets Law of the State of New York.
E. 
No person shall keep more than three dogs that are more than six months old in any structure except in a kennel authorized pursuant to Chapter 407 of this Code.
[Added 3-6-2006 by L.L. No. 1-2006]
Any control officer or peace officer in the employ of or under contract to the Town of Grand Island shall seize any dog found in violation of the provisions of § 101-4 of this article and may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
A. 
Any dog, identified or unidentified, found to be at large and seized pursuant to the provision of this article shall be held and cared for and may be redeemed by the owner during the redemption period or disposed of pursuant to the provisions of § 118 of the Agriculture and Markets Law of the State of New York. The dog may be redeemed by the owner if the owner pays the established fee(s) as set forth in the Schedule of Fees adopted by Town Board resolution and filed in the office of the Town Clerk.
[Amended 5-2-1988 by L.L. No. 1-1988]
B. 
The seizure of any dog shall not relieve any person from any violation or penalty provided for by § 101-13 of this article or § 119 of the Agriculture and Markets Law of the State of New York.
C. 
In any case where veterinary services are necessary to protect the health and welfare of a dog, in addition to the impoundment fee, the Town shall also charge the owner for the cost of such veterinary care.
[Added 10-7-2002 by L.L. No. 3-2002]
A. 
This article shall be enforced by a Dog Control Officer, a peace officer, or a police officer under the employ of or under contract to the Town of Grand Island.
B. 
The Dog Control Officer of the Town of Grand Island may serve any process relating to any proceeding, whether criminal or civil in nature and including an appearance ticket, undertaken in accord with the provisions of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The fact that a dog is at large in the Town of Grand Island elsewhere than on the premises of the owner or person harboring such dog shall be presumptive evidence that the dog has been permitted to be at large with the knowledge of the owner or person harboring the dog.
Any person who observes a dog in violation of this article may file a complaint under oath with the Justice of the Town of Grand Island specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of such dog. Such complaints may serve as the basis for enforcing the provisions of this article.
Any animal control officer, peace officer, when acting pursuant to his special duties, or police officer in the employ of or under contract to the Town of Grand Island observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation.
For the purpose of discharging the duties imposed by this article and the provisions of Article 7 of the Agriculture and Markets Law, each member of the special police, the Dog Control Officer or police officer in the employ of or under contract to the Town of Grand Island or any other Town agent or employee hereafter designated by the Town Board for these purposes is hereby authorized and directed to enter upon any premises upon which any dog is kept or harbored and to demand the exhibition by the person owning or having charge or control of such dog of the license tag for such dog.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original § 12-13, License fees, as amended 5-2-1988 by L.L. No. 1-1988, which followed this section, was repealed 11-15-2010 by L.L. No. 9-2010.
A. 
Except as otherwise provided in § 119 of the Agriculture and Markets Law, any person convicted of a violation of this article shall be deemed to have committed a violation and shall be subject to a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Each day that a violation of this article is committed or is permitted to exist shall constitute a separate violation.
This article shall take effect October 1, 1982.
[Adopted 11-15-2010 by L.L. No. 9-2010]
This Article II of Chapter 101 of the Town Code of the Town of Grand Island shall be known as the "Town of Grand Island Dog Licensing Law."
The purpose of this article is to provide for the licensing and identification of dogs within the Town of Grand Island.
A. 
All dogs in the Town of Grand Island four months or older, unless otherwise exempted, must be licensed with Town Clerk.
B. 
The owner of each dog required to be licensed shall obtain, complete, and return to the Town Clerk a dog license application, together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Town.
C. 
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 addition, if the dog to be registered has been spayed or neutered, the application shall be accompanied by proof that the dog has been spayed or neutered.
D. 
Upon validation by the Town Clerk, the application shall become the license for the dog described therein. Once an application has been validated, no refund therefor shall be made. The Town Clerk shall provide a copy of the license to the owner and retain a copy in the Town records.
E. 
Each license issued or renewed shall be valid for a period of one year. Dog licenses are not transferable to the Town of Grand Island from another municipality in New York State or from another state.
F. 
In the event that an owner of a dog which is licensed by another municipality in New York State moves into the Town of Grand Island, he/she must obtain an identification tag from the Town Clerk's office. In such instance, there will be no additional fee owing to the Town of Grand Island until such time as the license from the other municipality expires.
G. 
Grace period. Any dog harbored within the Town of Grand Island which is owned by a resident of New York City and 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 provisions of this section.
A. 
The fee for a dog licensed issued pursuant to § 101-16 shall be in an amount set forth in the Schedule of Fees adopted by Town Board resolution and filed in the office of the Town Clerk.
B. 
In addition to the license fee established in Subsection A above, and as set forth by New York State law, each applicant for a dog license shall pay a surcharge of at least $1 for each spayed or neutered dog, or a surcharge of at least $3 for each unspayed or unneutered dog, as set forth by Town Board resolution. The amounts collected through this surcharge shall be used for the purposes of carrying out animal population control efforts. Where the owner submits a statement certified by a licensed veterinarian stating that he or she has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering, such dog shall be treated as a spayed or neutered dog for purposes of this surcharge.
C. 
Conducting enumeration. The Town Board has determined that there is a continual need for dog enumeration and a fee of $5 will be assessed to all dogs found unlicensed within the Town of Grand Island at any time. If the same or any other dog owned by the same owner is found to be unlicensed for a second time within a five-year period, a $20 fee will be assessed, and if the same or any other dog owner by the same owner if found to be unlicensed for a third time within such five-year period, a $40 fee will be assessed. If the same or any other dog owned by the same owner is found to be unlicensed more than three times within a five-year period, each time the enumeration fee shall double the last fee assessed, but shall not exceed $250.
D. 
Service dogs. The Town of Grand Island will require a license for every guide dog, service dog, hearing dog, therapy dog, and detection dog in accordance with § 101-16 of this article; however, the fee for this license shall be waived. Sufficient documentation of training or certification must be provided to the Town Clerk's office to qualify for this waiver.
E. 
Any dog owner presenting sufficient proof that such dog owner is 65 year of age or over may be entitled to pay a lower annual license fee, as set forth by Town Board resolution.
F. 
The Town of Grand Island does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Town Clerk, or the clerk of the municipality in which the dog will be harbored, for the purchase of the license for adoption purposes.
G. 
All dog licenses may be purchased by visiting the Town offices or by regular mail. If licensing or renewing a license by mail, the appropriate fee must accompany the forms. There will be no refund of fees for a one-year license.
H. 
This annual dog license fee shall be charged for all licenses becoming effective on or after the effective date of this article.
A. 
Each dog licensed pursuant to § 101-16 of this article shall be assigned, at the time the dog is first licensed, a Town identification number. Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times. At the time a dog is first licensed, one identification tag shall be furnished to the owner at no charge. Any replacement tag shall be obtained by the owner at his expense at a fee in an amount set forth in the Schedule of Fees adopted by Town Board resolution and filed in the office of the Town Clerk.
B. 
No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.
In the event of a change in the ownership of any dog which has been licensed pursuant to this article or in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, file with the Town Clerk a written report of such change. Such owner of record shall be liable for any violation of this article until such filing is made or until the dog is licensed in the name of the new owner.
A. 
No household shall keep more than three dogs that are four months of age or older at any residence in the Town of Grand Island except as otherwise provided in the Town Code.
B. 
Subsection A shall not apply to any person who secures either a purebred permit pursuant to § 101-21 of this article or a special use permit pursuant to Chapter 407 of the Town Code of the Town of Grand Island.
Section 101-20 shall not apply to any person who secures a purebred permit subject to the following conditions:
A. 
Any premises with more than three dogs must secure a purebred permit. The Dog Control Officer shall issue a purebred permit after inspection of the premises. The Dog Control Officer shall apply the following criteria for issuance of a purebred permit:
(1) 
All the dogs harbored on the premises must be purebred dogs registered by a recognized registry association.
(2) 
Capacity of the owners to provide sufficient food and water for the dogs.
(3) 
Capacity of the owner to limit barking by the dogs.
(4) 
Sufficient housing for the dogs.
(5) 
Capacity of the owner to maintain the dogs in a clean manner.
(6) 
Capacity of the owners to provide necessary veterinary care for the dogs.
(7) 
Capacity of the owners to provide housing which does not subject the dogs to extreme temperatures.
B. 
The Dog Control Officer can revoke a permit if, after granting the permit, the owner does not comply with the criteria set forth above. The permit holder shall be notified, in writing, of the criteria with which the owner has failed to comply. The permit holder shall be provided 60 days to correct the noted violations. In the event that the owner fails to correct the violations of the criteria, the permit shall be revoked.
C. 
In the event that more than three dogs are housed without a purebred permit, the individual maintaining the dogs shall have 30 days to remove the dogs.
D. 
Failure to comply with this section shall subject the responsible party to a fine of $250 per day for each day the violation continues.
E. 
A fee will be due annually for the purebred permit in an amount set forth in the Schedule of Fees adopted by Town Board resolution and filed in the office of the Town Clerk. In addition to this fee, all dogs must be licensed and all licensing fees must be paid to the Town Clerk in accordance with this article.