[HISTORY: Adopted by the Town Board of the
Town of Naples as indicated in article histories. Amendments noted
where applicable.]
[1]
Editor's Note: This local law also provided that it superseded
the provisions of the Agricultural and Markets Law to the extent inconsistent
with this local law and to the extent permitted by the New York State
Constitution, the Municipal Home Rule Law or any other statute determined
to be in conflict with the dog licensing provisions hereof.
A.
All dogs harbored in the Town of Naples shall be licensed with the
Town Clerk of the Town of Naples by the age of four months. Any dog
owned by an individual who relocates to the Town of Naples from outside
the Town shall register or license such dog within 30 days of taking
up residence in the Town, regardless of whether such dog was previously
licensed elsewhere. If previously licensed in the State of New York,
no fee shall be collected until the existing license is required to
be renewed. The individual licensing a dog shall present a current
certificate of rabies vaccination at the time of licensing or the
renewal of any previously issued license. Licenses issued for dogs
less than one year of age shall be for a maximum period of one year.
Licenses issued for dogs over one year of age may be for a period
of up to three years, but in no event for a period expiring after
the last day of the 11th month following the expiration date of the
current rabies certificate for the dog being licensed. In the event
that an applicant for a license presents a statement certified by
a licensed veterinarian in lieu of a rabies certificate, a license
shall be issued or renewed for a period of one year from the date
of said statement.
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, as well as the name, address, telephone number, county
and town, city or village of residence of the owner.
C.
Except as otherwise provided herein, the definitions found in Article
7 of the Agriculture and Markets Law of the State of New York shall
be applicable to the provisions hereof.
A.
Fees for licensing of dogs. The fees for licensing of dogs shall
be established by resolution duly adopted by the Town Board and may
be so amended from time to time. The total fee for an unspayed or
unneutered dog shall be at least $5 more than the total fee for a
spayed or neutered dog. In addition to the license fee established
hereby, each applicant for a dog license shall pay a surcharge of
$1 if the dog to be licensed is spayed or neutered, or a fee of $3
if the dog sought to be licensed is unspayed or unneutered.
B.
Enumeration fee. When the Town Board determines the need for a dog
enumeration, a fee of $25 shall be assessed for any dog determined
to be unlicensed or with a license expired for over 30 days at the
time the enumeration is conducted.
C.
The Town of Naples will not require a license fee for any certified
guide dog, service dog, hearing dog, war dog, search dog, therapy
dog, detection dog or K-9 dog kept or maintained for any police agency.
Such dogs shall be licensed without such fee. The license shall designate
the dog's status.
D.
Dog licenses shall be purchased from the Town Clerk. In the event
of licensing or renewal of a license by mail, the appropriate fee
must accompany the license application form, as well as the certificate
of rabies vaccination.
E.
Licensing fees are to be applied to funding the administration of
the Animals Chapter of the Code of the Town of Naples.
A.
Enforcement; penalties. Any person convicted of a violation of this article shall be liable for a civil penalty of a maximum of $50 for a first violation; of a maximum of $75 for a second violation; and of a maximum of $100 for any subsequent violation. Any fines or penalties imposed pursuant to this article shall be the responsibility of the owner of the dog, as that term is defined in § 56-9 of this chapter.
B.
The provisions hereof shall be enforced by such individual or agency
as is so designated by motion duly adopted by the Naples Town Board.
[Adopted 5-10-1999 by L.L. No. 1-1999]
This article shall be known as the "Town of
Naples Dog Control Law."
[Amended 2-5-2019 by L.L.
No. 1-2019]
The Town Board of the Town of Naples finds that the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs has created a risk of physical harm to persons, damage to property
and nuisances within the Town. The purpose and intent of this article
is to preserve the public peace and good order to the Town and Village
of Naples and to contribute to the public welfare, preservation and
protection of the property and the person of the inhabitants of said
Town by declaring and enforcing certain regulations and restrictions
on activities of dogs and owners of dogs within the Town.
A.
This article is enacted pursuant to the provisions
of § 124 of the Agriculture and Markets Law of the State
of New York.
B.
In the event that any provision hereof is determined
to be in conflict with any law, statute, rule or regulation promulgated
by the State of New York, such law, statute, rule or regulation shall
take precedence over the contents hereof.
A.
DOG
OWNER
PUBLIC PLACE
RUNNING AT LARGE
TOWN
As used in this article, the following words shall
have the following respective meanings:
Male or female, licensed or unlicensed, members of the species
Canis familiaris.
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 warden 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 any time
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
keeping or harboring a dog for a period of two weeks prior to the
filing of any complaint charging a violation of this article shall
be held, deemed and presumed 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 the said dog and violation of this article.
Any street, sidewalk, park, school grounds with building
or other buildings or lands owned or controlled by the United States
of America, any agency or branch thereof, the State of New York or
any agency or administration thereof, or any political subdivision
thereof.
To be in a public place or on private lands without the consent
or approval of the owner and/or lawful occupant of such lands.
The Town of Naples, including the entire geographic areas
of the Village of Naples.
[Amended 2-5-2019 by L.L. No.
1-2019]
B.
Unless specifically indicated otherwise, words used
in the singular sense shall include the plural sense, and words used
in the plural sense shall include the singular sense.
C.
The definition and interpretation of any other terms
contained herein shall be the same as said terms are defined and interpreted
in the New York State Agriculture and Markets Law.
[Amended 7-14-2008 by L.L. No. 1-2008; 2-5-2019 by L.L. No. 1-2019]
No person being the owner, agent or harborer of any dog shall
permit or allow such dog, within the Town of Naples, including the
Village of Naples, to:
A.
Run at large, unless on the dog owner's property or, if off
the owner's premises, accompanied by its owner or a responsible
person with the capacity to control the dog. For the purpose of this
article, a dog or dogs hunting in company with a hunter or hunters
shall be considered as being accompanied by the owner.
B.
Engage in howling or barking, in such manner as to make unreasonable
noise and thereby disturb the public peace, causing public inconvenience,
public annoyance or public alarm.
C.
Cause damage or destruction to property or commit a nuisance upon
the premises of a person other than the owner or person harboring
the dog.
D.
Bite, chase or otherwise harass any person in such a manner as would
reasonably cause intimidation or 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.
[Amended 7-14-2008 by L.L. No. 1-2008; 2-5-2019 by L.L. No. 1-2019]
The Dog Control Officer of the Town of Naples, the Constable
of the Town of Naples and/or any peace officer or police officer employed
by an agency having jurisdiction within the Town and Village of Naples
shall have the authority to enforce the provisions of this article
and may also investigate and file complaints with the Town Justice
of the Town of Naples with respect to any dangerous dog, as defined
in § 121 of the Agriculture and Markets Law of the State
of New York.
[Amended 2-5-2019 by L.L.
No. 1-2019]
Any person so authorized pursuant to Article 7 of the Agriculture
and Markets Law of the State of New York may seize any dog found at
large within the Town and/or Village of Naples.
Any person who observes a dog causing damage
or destruction to property of a person other than its owner, committing
a nuisance upon the premises of a person other than its owner, or
otherwise violating the provisions hereof may file a signed complaint
with the Dog Control Officer of the Town of Naples specifying the
objectionable conduct of the dog, the date thereof, the damage caused
or violation, a description of the dog, and name and residence, if
known, of the owner or other person harboring said dog. Such complaint
may serve as the basis for enforcing the provisions of this article
by the Dog Control Officer.
[Amended 7-14-2008 by L.L. No. 1-2008]
Any violation of the provisions hereof shall
be subject to prosecution pursuant to the Criminal Procedure Law of
the State of New York and is designated as a “violation”
as defined by § 10.00.3 of the Penal Law of the State of
New York.
[Amended 7-12-1999 by L.L. No. 3-1999]
A.
Every dog seized shall be properly fed and cared for
until disposition thereof as herein provided and in accordance with
the applicable provisions of the Agriculture and Markets Law of the
State of New York.
B.
If the dog so seized bears a license tag, the Dog
Control Officer shall ascertain the owner of the dog and shall give
immediate notice by personally serving such owner, or an adult member
of his family, with a notice in writing stating that the dog has been
seized and will be disposed of pursuant to law unless redeemed as
herein provided.
C.
The owner of the dog so seized may redeem the dog
within the time limits specified by § 118 of the Agriculture
and Markets Law of the State of New York by paying the prescribed
impoundment fees.
D.
If not so redeemed, the owner shall forfeit all title
to the dog, and the dog shall be made available for adoption or, if
not adopted, euthanized in accordance with law.
[Amended 7-12-1999 by L.L. No. 3-1999]
A.
A violation of this article shall constitute a "violation"
as defined in the Penal Law of the State of New York and shall be
punishable by a fine not exceeding $250 or by a sentence of imprisonment
not exceeding 15 days, or by both such fine and imprisonment.
B.
In the event of a continuous or ongoing circumstance
which constitutes a violation of this article, each day that such
circumstance continues or is ongoing shall constitute a separate offense
of this article and may be penalized as a separate offense.
C.
The seizure of a dog shall not relieve any person
from prosecution pursuant to this article.
