[HISTORY: Adopted by the Town Board of the
Town of Binghamton as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-15-1983 by L.L. No. 1-1983
(Ch. 11, Art. I, of the 1969 Code); amended in its
entirety 11-16-2010 by L.L. No.
10-2015]
The purpose of this article is to protect the health, safety
and general welfare of the inhabitants of the Town of Binghamton by
enforcing regulations on the licensing and activities of dogs in said
Town of Binghamton so as to afford consistent protection to the person
and property of the inhabitants thereof, including the rights and
privileges of owners of dogs, the residents and the inhabitants of
said Town of Binghamton.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York.
The title of this article shall be the "Dog Control Law of the
Town of Binghamton."
As used in this article, the following words shall have the
following respective meanings:
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
The Dog Control Officer or Code Enforcement Officer of the
Town of Binghamton appointed by the Town Board pursuant to § 114
of the Agriculture and Markets Law.
A tag issued by the Town of Binghamton which sets forth an
identification number, together with the name of the municipality,
the State of New York, contact information, including telephone number
for the municipality, and such other information as the licensing
municipality deems appropriate.
The person entitled to claim lawful custody and possession
of a dog and who is responsible for purchasing the license for such
dog, unless the dog is or has been lost and such loss was promptly
reported to the Dog Control Officer and a reasonable search has been
made. If a dog is not licensed, the term "owner" shall designate and
cover any person or persons, firm, association or corporation who
or which at anytime owns or has custody or control of, harbors or
is otherwise responsible for any dog which is kept, brought or comes
within the Town. Any person owning or harboring a dog for a period
of one week prior to the filing of any complaint charging a violation
of this article shall be held and deemed to be the owner of such dog
for the purpose of this article. In the event that the owner of any
dog found to be in violation of this article shall be under 18 years
of age, the head of the household in which said minor resides shall
be deemed to have custody and control of said dog and shall be responsible
for any acts of said dog and violation of this article.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
The Town of Binghamton.
A.
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for
any dog which is under the age of four months and which is not at
large except as otherwise provided in this law.
B.
The application shall state the sex, actual or approximate age, breed,
color, and municipal identification number of the dog, and other identification
marks, if any, and the name, address, telephone number, county and
town, city or village of residence of the owner. The Town of Binghamton
may also require additional information on such application as deemed
appropriate. The application shall be accompanied by the license fee
and a certificate of rabies vaccination, provided such certificate
or affidavit shall not be required if the same is already on file
with the Town Clerk. In lieu of the rabies certificate, an owner may
present a statement certified by a licensed veterinarian stating that
he has examined the dog and found that the life of the dog would be
endangered by vaccinating due to old age or other reasons. In the
case of a spayed or neutered dog, every application shall also be
accompanied by a certificate signed by a licensed veterinarian or
an affidavit signed by the owner, showing that the dog has been spayed
or neutered, provided such certificate or affidavit shall not be required
if the same is already on file with the Town Clerk. In lieu of the
spay or neuter certificate, an owner may present a statement certified
by a licensed veterinarian stating that he 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. In such case, the license
fee for the dog shall be the same as for a spayed or neutered dog.
C.
All dog licenses will be for a period of one year and will expire
at the end of the month one year from the date of issue.
D.
Purebred license. The Town of Binghamton will not be issuing purebred or kennel licenses. All dogs will be licensed individually as per the fee system in § 88-10.
E.
The Town of Binghamton does not allow the licensing of dogs by a
shelter. The shelter must send the adoptive dog owners to the Town
of Binghamton Town Clerk.
F.
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.
G.
Renewing early or late does not change the renewal month. However,
owners having more than one dog may request common renewal dates for
their licenses, which may be granted at the discretion of the Town
Clerk, provided that all other licensing and renewal requirements
are met. No licensing fees will be prorated, refunded, or waived when
accommodating such a request.
H.
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.
I.
In the event of a change in the ownership of any dog which has been
licensed pursuant to this article, 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.
J.
If any dog which has been licensed pursuant to this article is lost
or stolen, the owner of record shall, within 10 days of the discovery
of such loss of theft, file with the Town Clerk a written report of
such loss or theft. In the case of a loss of theft, the owner of record
of any such dog shall not be liable for any violation of this article
committed after such report is filed.
K.
In the case of a dog's death, the owner of record shall so notify
the Town Clerk either prior to renewal of license or upon the time
of such renewal as set forth by the Town Clerk.
L.
Change of address. When there is a change of address for the owner
of record, the owner shall notify the Town Clerk of such change. If
the change is still within the Town of Binghamton, the Town Clerk
will make the appropriate updates to the dog license record. If the
change is located outside the Town of Binghamton, the Town Clerk shall
make a note in the record and cancel the license. The Town Clerk shall
forward a copy of the license to the Clerk of the municipality to
which the owner has moved, informing said Clerk that the dog now resides
in their municipality. If the Town of Binghamton Clerk is notified
by another municipality in Broome County that one of their licensed
dogs has moved into the Town of Binghamton, the Town Clerk will issue
a Town of Binghamton license at no charge for the remainder of the
license year upon presentation by the owner of the old license.
M.
If a dog
license renewal is not paid within 30 days after the initial due date,
a late fee of $10 will be assessed in addition to the license renewal
fee; if a dog license renewal is not paid within 60 days after the
initial due date, a late fee of $20 will be assessed in addition to
the license renewal fee; and if a dog license renewal is not paid
within 90 days after the initial due date, a late fee of $30 will
be assessed in addition to the dog license renewal fee. Any late fee(s)
must be paid at the time of renewal or the renewal will not be issued.
[Added 4-6-2021 by L.L. No. 3-2021]
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A.
Run at large, unless the dog is restrained by an adequate collar
and leash and accompanied by its owner or a responsible person and
under the full control of such owner or person. For the purpose of
this article, a dog or dogs hunting in the company of a hunter or
hunters shall be considered as accompanied by their owner and not
required to be leashed while hunting.
B.
Be a public nuisance. It is hereby expressly declared that any dog
which engages in loud howling, barking, crying or whining so as to
unreasonably annoy any person is a public nuisance. It shall be unlawful
for any person to own or possess a dog which is a public nuisance
as herein defined.
C.
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or other property without the consent or approval of the owner
thereof.
D.
Chase, jump upon or at 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.
E.
Habitually chase, run alongside of or bark at motor vehicles, motorcycles
or bicycles while on a public street, highway or place, or upon private
property without the consent or approval of the owner of such property.
F.
Create a nuisance by defecating, urinating or digging on public property,
or on private property without the consent or approval of the owner
of such property. The owner shall immediately remove all feces left
by such animal, depositing the same directly into an airtight container
or bag, which shall then be deposited into a container used for the
disposal of refuse. In no event shall any feces be deposited in sewers
or drains, whether storm or sanitary.
G.
Commit a nuisance on the property of the person owning or person
harboring or housing custody of such dog which nuisance may reasonably
be expected to create odors, insects or other health matters which
will interfere with the health, safety, welfare and comfort of adjoining
property owners or property users.
Dogs participating in training at a Town-approved dog training facility shall be exempt from § 88-5B between the hours of 7:00 a.m. and 10:00 p.m.
It shall be unlawful for any person owning or having possession
of any female dog in heat to permit the same to run at large, as the
phrase has been heretofore defined herein, or to run loose on or within
the premises of such person. The term "running loose" is defined for
the purposes of this section as being outside of a house, closed garage,
closed building or other enclosure upon the owner's premises, whether
tied or not.
A.
The Dog Control Officer or any peace officer shall seize any unlicensed dog whether on or off the owner's premises, any unidentified dog not wearing a tag that is not on the owner's premises and/or any dog found in violation of § 88-5A and § 88-6 of this article. Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law, except that each dog that is not identified shall be held for a period of three business days from the day seized, and each dog that is identified shall be held for a period of seven business days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner complies with the requirements set forth in Article 7, § 118, of the Agriculture and Markets Law.
B.
The redemption period that applies to either identified or unidentified
dogs that are seized shall be calculated in terms of business days,
and shall never include the day that the dog is seized, Saturdays,
Sundays or national holidays. Business days are weekdays from 9:00
a.m. until 5:00 p.m.
C.
The Dog Control Officer or peace officer may also investigate and
report to a Town Justice of the Town any dangerous dog as described
in Article 7 of the Agriculture and Markets Law and see that the order
of the Town Justice in such case is carried out.
The Dog Control Officer, Deputy Dog Control Officer(s), Town
of Binghamton Park Rangers or a peace officer having reasonable cause
to believe that a person has violated this article shall issue and
serve upon such persons an appearance ticket for such violation(s).
Any person who observes a dog in violation of this article may
file a complaint under oath with a Town Justice of the Town 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 the basis for enforcing the provisions
of this article.
A.
Intent. The purpose of this subsection is to provide a schedule of
fees to be charged dog owners for the providing of certain services
to dog owners by the Town of Binghamton.
B.
License fees.
(1)
Annual fee. The annual fee for an altered dog shall be $15 and the
annual fee for an unaltered dog shall be $25. Replacement tags shall
be $3.
[Amended 7-19-2011 by L.L. No. 1-2011]
(a)
The Town of Binghamton shall charge dog owners within the Town
of Binghamton dog license fees based on the above and other schedule
as set from time to time by local law of the Town Board. Inclusive
in the fees set forth by the Town Board, is an assessment of $3 for
each unaltered dog and $1 for each altered dog, which may be charged
for the purpose of population control as mandated by Article 7 of
the Agricultural and Markets Law.
(b)
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 enumeration is conducted.
(2)
The local license fee shall be dedicated for the control of dogs
and enforcement of this article and Article 7 of the Agricultural
and Markets Law.
(3)
There shall be no fee for any license issued for any guide dog, hearing
dog, service dog, war dog, working search dog or police work dog.
Each copy of any license for such dogs shall be conspicuously marked
"Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War
Dog" or "Police Work Dog," as may be appropriate, by the Clerk or
authorized Dog Control Officer.
(4)
The owner of a dog who requests the Town of Binghamton to pick up
a dog for disposal at the county dog shelter shall pay a pickup fee
and a disposal fee as set from time to time by resolution of the Town
Board. Said fee shall be paid to the Town of Binghamton prior to or
at the time the pickup occurs.
C.
Seizure fee. In addition to the payment of any fee or penalty prescribed
by this article, the owner of a dog seized by the Town of Binghamton
shall pay a seizure fee as set from time to time by resolution of
the Town Board for each dog so seized.
D.
Veterinary fees. In addition to the payment of impoundment fees,
seizure fees or any other costs and expenses incurred by the Town
of Binghamton, any person redeeming an impounded dog shall be liable
for the payment of all veterinarian expenses incurred by the Town
of Binghamton. Payment of such expenses shall be made to the Town
of Binghamton prior to the release of such dog.
E.
Costs and maintenance. In addition to the payment of any penalty
prescribed by this article and/or other expenses required by this
article or applicable statutes, an owner shall pay the reasonable
expenses incurred by the Town of Binghamton for the feeding and care
of any dog so seized.
F.
The Town Board may amend, by local law, the various fees set forth
in this article.
[Amended 4-17-2012 by L.L. No. 21-2015]
A violation of this article shall be punishable either by Subsection
A or B, or both:
A.
Where prosecuted pursuant to the Penal Law, by a fine of not less
than $25 or imprisonment for not more than five days, or both, except
that where the person was found to have violated this article or Article
7 of the Agriculture and Markets Law within the preceding five years,
the fine may be not less than $50 or imprisonment for not more than
10 days, or both, and where the person was found to have committed
two or more such violations within the preceding five years, it shall
be punishable by a fine of not less than $100 or imprisonment for
not more than 15 days, or both; or
B.
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $25, except that when the person was found
to have violated this article or Article 7 of the Agriculture and
Markets Law within the preceding five years, the civil penalty may
be not less than $50, and where the person was found to have committed
two or more such violations within the preceding five years, the civil
penalty may be not less than $100.[1]
[1]
Editor's Note: Former Art. II, Redemption Period for Seized
Dogs, adopted 5-15-2001 by L.L. No. 1-2001, as amended, which immediately
followed this section, was superseded 11-16-2010 by L.L. No. 10-2015.
