[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]
As used in this article, the following terms
shall have the meanings indicated:
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 guide dog actually leading a blind person.
A hearing dog actually aiding a deaf person.
A police work dog in use for police work.
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.
To provide food or shelter to any dog.
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.
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. A redemption fee will be
charged to the owner of a licensed dog if held by the Dog Control
Officer for more than 24 hours (overnight).
[Amended 5-2-1988 by L.L. No. 1-1988; 12-19-2022 by L.L. No.
9-2022]
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.
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]
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]
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]
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.
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.
