[HISTORY: Adopted by the Town Board of the
Town of Parma as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-16-2011 by L.L. No. 1-2011]
The purpose of this article is to provide for the licensing
and identification of dogs and the control and protection of the dog
population.
The title of this article shall be "Dog Control Ordinance of
the Town of Parma."
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law, as amended by L. 2010, C.59,
Part T, and the Municipal Home Rule Law of the State of New York.
As used in this article, the following words shall have the
following respective meanings:
DOG
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
DOG CONTROL OFFICER
The person authorized by the Town Board to enforce the provisions
of this article.
IDENTIFICATION TAG
A dog tag issued by the licensing municipality, which will
include an identification number together with the name of the municipality,
the State of New York and contact information, including the municipality
phone number.
OWNER
Any person who is a licensed owner of a dog, and any person
who keeps, feeds or harbors a dog for over one week. The owner need
not be a resident of the Town of Parma, but for a violation to occur,
the dog must be in the Town limits of the Town of Parma. Dogs owned
by minors shall be deemed to be in the custody and control of the
minor's parents or other head of the household where the minor
resides.
RUN AT LARGE
To be in a public place or on private land without the knowledge,
consent, and approval of the owner of such lands.
A. All
dogs in the Town of Parma must be licensed with the Town Clerk by
the age of four months, and owners are required to present:
(1) A current certificate of rabies vaccination or a statement certified
by a licensed veterinarian at the time of licensing or the renewal
of an existing license that such vaccination would endanger the dog's
life, in which case vaccination shall not be required.
(2) A spay or neutering certificate must be provided to obtain the reduced
fee offered by the Town of Parma.
(3) The name, sex, actual or approximate age, breed, color and other
identification marks of the dog; the name, address, telephone number
and e-mail address, if any, of the owner; together with any additional
information deemed appropriate by the Town Clerk.
B. All
dog licenses will be valid for a period of one year and shall expire
on the last day of the last month of its term.
C. Upon
the first issuance of a dog license, the Town Clerk shall issue an
identification number for each such dog and shall provide the owner
with an identification tag for each such dog. In the event that an
identification tag is lost or stolen, the owner shall notify the Town
Clerk. A replacement identification tag shall be issued and payment
of a fee by the owner, upon notice to the Town Clerk. The fee for
a replacement identification tag shall be set by resolution of the
Parma Town Board.
D. The
identification tag issued by the Town Clerk shall be affixed to a
collar on the dog at all times, provided that a dog participating
in a dog show is exempt from such requirement, during such participation.
E. No
license shall be transferable. Upon the transfer of ownership of any
dog, the new owner shall immediately make application for a license
for such dog. The fee for this transfer shall be set by resolution
of the Parma Town Board.
(1) Exception. When ownership of any dog is transferred to another member
of the same household at the same address, no additional fee will
be charged during the current licensing year.
F. Fees
for licensing of dogs.
(1) The fee for a spayed or neutered dog will be set by resolution of the Parma Town Board. It will include the assessment of a surcharge of $1 for the purpose of carrying out animal population control per § 110, paragraph 3, of Article 7, Chapter
59, Part T.
(2) The fee for an unspayed or unneutered dog will be set by resolution of the Parma Town Board and shall be at least $5 more than the fee for a spayed or neutered dog. It will include the assessment of a surcharge of $3 for the purpose of carrying out animal population control per § 110, paragraph 3, of Article 7, Chapter
59, Part T.
(3) A senior resident reduced fee will be set by resolution of the Parma Town Board. The difference between the fee for a spayed or neutered dog and the fee for an unsprayed or unneutered dog shall be at least $5, and a surcharge of $1 for a spayed or neutered dog or a surcharge of $3 for an unspayed or unneutered dog shall be charged for the purpose of carrying out animal population control per § 110, paragraph 3, of Article 7, Chapter
59, Part T.
G. Enumeration
fee. When the Town Board determines the need for a dog enumeration,
a fee of $5 will be assessed to all dogs found unlicensed or renewed
at the time the enumeration is conducted.
H. Service
dogs.
(1) The Town of Parma will require a license for any guide dog, service dog, hearing dog, war dog, working search dog, detection dog, police work dog or therapy dog and shall comply with all of the requirements contained in §
9-5A and §
9-5B, herein.
(2) There will be no charge for the local fees for this license. The surcharge of $1 for a spayed or neutered dog or a surcharge of $3 for an unspayed or unneutered dog shall be charged for the purpose of carrying out animal population control per § 110, paragraph 3, of Article 7, Chapter
59, Part T.
(3) The license issued for the types of service dogs listed in §
9-5H(1) shall be conspicuously marked with the type of service dog.
I. The
Town of Parma does not allow the licensing of dogs by a shelter. The
shelter must send the adoptive dog owners to the Town Clerk of the
Town of Parma for the purchase of the license for adoption purposes.
J. All
dog licenses may be purchased through the Town Clerk's office
or by regular mail. If licensing or renewing a license by mail, the
appropriate fee must accompany the forms (valid proof of rabies vaccination
and certificate of spay or neutering). There will be no refund of
fees.
K. All
fees will be used in funding the administration of the Dog Control
Ordinance of the Town of Parma.
L. A
current fee schedule is available at the office of the Town Clerk.
M. In
the case of a dog's death, the owner of record shall so notify
the Clerk, either prior to the renewal of license or upon the time
of such renewal.
It shall be unlawful for the owner of a dog to permit or allow
such dog while in the Town of Parma to:
A. Run
at large unless said dog is restrained by adequate collar and leash,
or is on said owner's premises or is upon the premises of another
with the knowledge, consent and approval of the owner of such premises,
in writing. For the purpose of this article, a dog or dogs hunting
in company with a hunter or hunters shall be considered as accompanied
by its owner.
B. Make
noise that is continuously disturbing the comfort and repose of any
person in the vicinity and exceeds 15 minutes.
C. Cause
damage or destruction to property or other animals or commit a nuisance
upon the premises of a person other than the owner of such dog.
D. Chase
or otherwise harass any person where he may lawfully be in such a
manner as to intimidate such a person or to put such person in reasonable
apprehension of bodily harm or injury.
E. Habitually
chase or bark at moving vehicles.
F. Run
at large with a pack of other dogs or chase deer, cats or other domestic
animals.
G. Become
a vicious dog or a danger to persons in the Town of Parma.
It shall be unlawful for the owner of any female dog to permit
such dog to run at large when in heat, and such dog shall be confined
within a building or kennel on the premises of such owner during such
period.
A. This
article shall be enforced by the Dog Control Officer, Deputy Dog Control
Officer or by any other law enforcement officer or agency designated
by the Town Board. The Dog Control Officer shall be authorized to
issue appearance tickets, pursuant to Article 150 of the Criminal
Procedure Law, and to draw an information and obtain supporting affidavits
for submission to the Town Justice Court.
B. Any
person who observes a dog in violation of this article may file a
complaint under oath with the Town of Parma 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 complaint
may serve as a basis for enforcing the provisions of this article.
Any dog whose owner violates §
9-6 or
9-7 or does not have a license may be impounded and taken to such place of detention and shall there be properly fed and cared for at the expense of the Town until disposition thereof shall have been made in accordance with the provisions of this article. In addition, where an owner is found to be in violation of §
9-6 or
9-7, the dog involved may be ordered securely confined or destroyed, in the discretion of the court.
In the event that the dog seized bears a license tag, the authorized
person seizing the dog shall, within three days thereafter, ascertain
the name of the owner and give the owner immediate notice by serving
upon the owner an instrument, in writing, stating that the dog has
been seized, indicating when, where and why the dog was seized and
stating that the dog will be disposed of unless redeemed or unless
a trial is demanded within 12 days of the impounding of the dog.
In the event that the dog seized does not bear a license tag
or is not claimed, the Dog Control Officer or other law enforcement
officer shall be authorized to destroy the dog three days after impounding
or to dispose of the dog by sale or other means unless the owner redeems
the dog, if permitted, or unless a trial is demanded by the owner
within three days of seizure.
If the dog is to be redeemed, the owner shall pay the Dog Control
Officer or a person so designated by the Town Board a fee as set by
the Town Board, plus the charge for the care of the dog while impounded
and euthanization, if applicable. This daily charge is to be set by
the Town Board from time to time by resolution.
In the event that the owner of the dog desires a trial, he shall
post bail as set by the Town Board, pay for the care of the dog while
impounded and demand, in writing, a trial. The Dog Control Officer
or other law enforcement officer shall immediately proceed to file
an information with a Town Justice so that the matter will appear
on the docket of the Town Justice as soon as possible. The rules of
procedure and as to proof applicable in criminal actions shall apply.
If an impounded dog is not redeemed or a trial is not demanded
within the time hereinbefore set forth, the owner shall forfeit title
to the dog, and it may thereafter be sold by the Town or destroyed
by the appropriate official as hereinafter provided.
In the event that it is decided to destroy a dog, the Dog Control
Officer or other law enforcement officer is authorized to arrange,
through a veterinarian, for the destruction of the dog, cause the
carcass to be disposed of and make a report, in writing, of such destruction
to the Town Clerk. The Town Clerk shall keep a record of the destruction
for one year. Said authorized personnel also shall have the authority
to place dogs with the Monroe County Humane Society.
A. Any person who violates any provision of this article shall be guilty
of a violation and shall be subject to community service, a fine of
not less than $250 and no more than $1,000, and/or a sentence of imprisonment
not to exceed 15 days pursuant to Penal Law § 55.10(3)(a)
and § 70.15(4), for each violation. The amount of these
fines may be changed by resolution of the Parma Town Board. The Town
may also seek injunctive relief to prevent the continued violation
of the law.
B. Notwithstanding Subsection
A, the fine for an unlicensed dog shall be $50 for each unlicensed dog.
C. Notwithstanding Subsection
A, the fine for failure to respond to the Notice of Delinquent Dog License Renewal shall be $25.
The owner of any dog destroyed under the provisions of this
article shall not be entitled to any compensation, and no action shall
be maintainable thereafter to recover the value of the dog.
Each separate provision of this article shall be deemed independent
of all other provisions herein and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
This article shall supersede all prior local laws, ordinances,
rules and regulations relative to the control of dogs within the Town
of Parma, and they shall be, upon the effectiveness of this article,
null and void.
This article shall be effective January 1, 2011, after filing
with the Secretary of State for the State of New York.