Town of Phelps, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Phelps as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. A157.
[Adopted 12-13-2010 by L.L. No. 3-2010[1]]
[1]
Editor’s Note: This local law also repealed former Art. I, Licensing of Dogs, adopted 9-13-1976 by L.L. No. 1-1976, as amended, and redesignated the sections of Art. II, that were formerly numbered as §§ 47-8 through 47-13, as §§ 47-101 through 47-106, respectively.
This article shall be known and may be cited as the "Dog Licensing Law" of the Town of Phelps.
All dogs in the Town of Phelps, unless otherwise exempted by New York State Agriculture and Markets Law, must be licensed with the Town Clerk of the Town of Phelps by the age of four months.
The owner of each dog required to be licensed shall, for new applications and renewal applications, obtain, complete and return to the Town Clerk:
A. 
A dog license application;
B. 
The license application fee;
C. 
Any applicable license surcharges;
D. 
Such additional fees as may be established by the Town Board of the Town of Phelps;
E. 
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;
F. 
In the case of a spayed or neutered dog, 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 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. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog.
Each dog licensed pursuant to this article shall be assigned, at the time the dog is first licensed, a municipal 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. 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.
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.
Any license issued pursuant to this article shall not be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a new license for such dog.
The Town of Phelps will not issue purebred licenses.
The Town of Phelps will not issue a special tag for identifying any guide dog, service dog, hearing dog or detection dog.
The fees and surcharges for issuing dog licenses shall be fixed by the Town Board. Such fees and surcharges may from time to time be changed as the Town Board may determine. These fees and surcharges may include:
A. 
The license fee for a spayed or neutered dog.
B. 
The license fee for an unspayed or an unneutered dog (such fee having to exceed the fee for a license for a spayed or neutered dog by such amount as mandated by the New York State Agriculture and Markets Law);
C. 
In addition to the license fee authorized by this article and established by the Town Board of the Town of Phelps, a surcharge if the dog to be licensed is altered (Such surcharge shall be, at a minimum, such amount as mandated by the New York State Agriculture and Markets Law.);
D. 
In addition to the license fee authorized by this article and established by the Town Board of the Town of Phelps, a surcharge if the dog to be licensed is not altered (Such surcharge shall be, at a minimum, such amount as mandated by the New York State Agriculture and Markets Law.);
E. 
In addition to the license fee authorized by this article and established by the Town Board of the Town of Phelps, a surcharge to recover and defray the cost of an enumeration of dogs living with the Town of Phelps.
F. 
In addition to the license fee authorized by this article and established by the Town Board of the Town of Phelps, a surcharge offsetting costs associated with the provision and replacement of identification tags.
A. 
Excepted from payment of the license fee are applications submitted for a dog license for any of the following dogs, provided written documentation is provided with such application that certifies such dog as being any of the following:
(1) 
Guide dog;
(2) 
Hearing dog;
(3) 
Service dog;
(4) 
War dog;
(5) 
Working search dog;
(6) 
Detection dog;
(7) 
Police work dog; and
(8) 
Therapy dog.
B. 
A dog participating in a dog show within the Town of Phelps shall be exempt, during such participation only, from the requirement, contained in § 47-4 of this article and in § 111, as amended, of the New York State Agriculture and Markets Law, of wearing its identification tag.
A violation of this article shall be punishable by:
A. 
A fine of $25 for a first violation;
B. 
A fine of $50 for a second violation within five years of the first violation; and
C. 
Where the person was found to have committed two or more such violations within the preceding five years, either a fine of $100 or imprisonment for not more than 15 days, or both.
[Adopted 3-7-1994 by L.L. No. 1-1994]
This article shall be known and may be cited as "Local Law No. 1 of 1994 (Dog Control Law of the Town of Phelps, Ontario County, New York)."
The purpose of this article shall be to preserve the public peace and good order in the Town of Phelps and to contribute to the public welfare, safety and good order of its people by enforcing certain restrictions on the activities of dogs consistent with the rights and privileges of the owners of dogs and of the other citizens of the Town of Phelps.
As used in this article, the following terms shall have the meanings indicated:
AT LARGE
Any dog shall be deemed to be "at large" if not accompanied by a person who:
A. 
Is in full control of the dog;
B. 
Is providing restraint of the dog by secure leash or lead; or
C. 
Has confined the dog to an enclosure, such as a cage or motor vehicle, in such a manner that the dog may not roam freely upon public or private lands elsewhere than on the premises of the owner or on the premises of another responsible person who has knowledge of the dog's presence and who assents thereto.
DOG
Any member of the species Canis familiaris.
OWNER
Any person who owns, keeps, harbors or has the care, custody or control of a dog. Dogs owned by minors under 18 years of age shall be deemed to be in the custody and control of the parents or other heads of the households where the minors reside. Any person harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be deemed to be the "owner" of the dog for the purposes of this article.
This article shall apply to the territorial limits of the Town of Phelps, excepting only that property located in the Villages of Phelps and Clifton Springs.
A. 
No person shall permit a dog to be at large within the limits of the Town of Phelps.
B. 
No dog shall be at large within the limits of the Town of Phelps.
C. 
Every female dog in heat shall be confined in a building or secure enclosure in such a manner that such female dog cannot come into contact with another animal except for planned breeding.
A. 
Enforcement officers. The provisions of this article may be enforced by any person, or organization for the prevention of cruelty to animals, appointed by law by, or pursuant to contract with, the Town of Phelps.
B. 
Appearance tickets and process. Any person or entity authorized to enforce this article may issue appearance tickets therefor, pursuant to the Criminal Procedure Law, may issue said tickets for any violation of Article 7 of the Agriculture and Markets Law of the State of New York and is hereby authorized to serve any process relating to any proceeding, whether civil or criminal in nature, in accordance with the provisions of this article. In the event that an appearance ticket is unanswered, the Court Justice shall permit the filing of an information from the appropriate enforcement person and issue a warrant of arrest for the alleged violator.
C. 
Seizure. Any dog found to be at large in the Town of Phelps shall be seized and properly fed and cared for until redeemed or disposed of in accordance with the provisions of the Agricultural and Markets Law. Each such dog shall be held for a period of five to nine days, in accordance with the provisions of § 118 of the Agriculture and Markets Law. Upon presentation of a valid license, and upon payment of the impoundment fees established by the aforesaid section, an owner may redeem such dog. In the event that a dog is not redeemed within the statutory time period, an owner forfeits title to said dog, which shall then be made available for adoption or euthanized in accordance with law. The seizure of any dog shall not relieve any person of prosecution for violation of this article.
D. 
Commencement of proceedings. Any person found to have permitted any dog to be at large in the Town of Phelps shall be issued an appearance ticket for violation of this article and shall be prosecuted in the manner herein provided.
E. 
Prosecution of violation. Pursuant to the Penal Law of the State of New York, a violation of this article shall be punishable by a fine of not more than $25, 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 more than $50, 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 more than $100 or imprisonment for not more than 15 days, or both.