[HISTORY: Adopted by the Town Board of the
Town of Richmond as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-14-1969 by L.L. No. 3-1969; amended in its entirety 12-9-2014 by L.L. No. 2-2015]
This article shall be known and may be cited as the "Dog Licensing
Law of the Town of Richmond."
All dogs in the Town of Richmond, unless otherwise exempted
by New York State Agriculture and Markets Law, must be licensed with
the Town Clerk of the Town of Richmond by the age of six 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 Richmond;
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
old age or other reason, the life of the dog would be endangered by
spaying or neutering. In such case the license be 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 Richmond will not issue purebred licenses.
The Town of Richmond 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 Richmond, 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 Richmond, 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 Richmond, a surcharge to recover
and defray the cost of an enumeration of dogs living with the Town
of Richmond;
F.
In addition to the license fee authorized by this article and established
by the Town Board of the Town of Richmond, 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:
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 6-12-2001 by L.L. No. 1-2001;
amended in its entirety 12-9-2014 by L.L. No. 2-2015]
A.
This article shall be known and may be cited as the "Dog Control
Law of the Town of Richmond."
B.
The purpose and intent of this article shall be to preserve the public
peace and good order in the Town of Richmond and to contribute to
the public welfare and the preservation and protection of the property
and residents of the Town by declaring and enforcing certain regulations
and restrictions on activities of dogs and owners of dogs within the
Town of Richmond which supplement and complement the regulations and
restrictions heretofore enacted by the Legislature of the State of
New York, Agriculture and Markets Law, Article 7.
As used in this article, the following terms shall have the
meanings indicated:
Any dog shall be deemed to be at large if not accompanied
by a person who:
Is in full control of the dog;
Is providing restraint of the dog by secure leash or lead; or
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.
Any action by a dog that might cause reasonable apprehension
of harm or injury to a person or a domestic animal; together with
the apparent ability of the dog to inflict such harm. An actual bite
by the dog is unnecessary to meet the qualifications of this definition.
Any member of the species Canis familiaris.
To provide food and shelter for any dog.
The dog is equipped with a collar or harness to which is
attached a leash of sufficient strength to restrain the dog.
A person under 18 years of age, unless emancipated.
Includes any person who owns, keeps, harbors or has the care,
custody or control of a dog. 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 acting in loco parentis where the minor resides,
as well as in the custody and control of the minor. 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.
The Town of Richmond.
Any or all of the following, excepting police dogs, squad dogs
or guard dogs acting under the supervision of a police officer or
prison guard:
A dog which is trained to attack or cause injury or to otherwise
endanger the safety of human beings or domestic animals.
Any dog which bites, inflicts injury on, assaults (which assaults
shall include dogs at large approaching any person upon the streets,
sidewalks or other public grounds or places in a threatening or terrorizing
manner without provocation) or otherwise attacks a human being without
provocation.
Any dog which is deemed a dangerous dog under and pursuant to
§ 123 of the New York State Agriculture and Markets Law,
Article 7.
Notwithstanding the provisions detailed above, no dog may be
declared a vicious dog for inflicting injury or damage on any person
committing a willful trespass or other tort upon premises occupied
by the owner of the dog or teasing, tormenting or abusing or assaulting
the dog or committing or attempting to commit a crime. No dog may
be declared vicious for taking any action to defend or protect a human
being within the immediate vicinity of the dog from an attack or assault.
The dog was not teased, tormented or abused by a person or
the dog was not coming to the aid or the defense of a person who was
not engaged in illegal or criminal activity and who was not using
the dog as a means of carrying out such activity.
A.
No person shall permit a dog to be at large within the limits of
the Town of Richmond.
B.
No dog shall be at large within the limits of the Town of Richmond.
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 a planned breeding.
D.
No dog shall:
(1)
Howl, bark habitually, cry and whine continuously or regularly for
periods in excess of 30 minutes so as to disturb the peace, quiet,
health or well-being of other persons.
(2)
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or other property not belonging to the owner of such dog.
(3)
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.
(4)
Habitually chase or bark at motor vehicles.
E.
No person shall permit an accumulation of dog feces on a property,
private or public, which results in a hazard to health or that makes
travel or residents in the vicinity uncomfortable or which attracts
flies or other insects or animals, thereby creating, in the judgment
of the New York State Department of Health or such other qualified
agency or agent as may in advance be designated to exercise such judgment
by the Town, an unsanitary condition which may facilitate the spread
of disease and endanger health or which renders soil, water or food
impure or unwholesome or which endangers public comfort and repose.
F.
Any person owning or in charge of any dog which soils, defiles, defecates
on or commits any nuisance on any common thoroughfare, sidewalk, passageway,
play area, park or any place where people congregate or walk or upon
any private property, without the permission of the owner of said
property, shall immediately, in a sanitary manner, remove all feces
deposited by any such dog.
G.
Vicious dogs confined outdoors must have a pen or structure with
sides and a secure top. Pens must have bottoms secured to the sides
or be embedded in the ground no less than two feet. Under all circumstances
when a vicious dog is outside such confinement and outdoors, the dog
must be securely leashed and muzzled.
Except as provided in § 200-41, Zoning, no dwelling unit shall keep more than four dogs of licensing age, as defined by the New York Agriculture and Markets Law, within the limits of the Town of Richmond.
A.
Any person who observes a dog causing damage or destruction to property
of a person other than its owner or committing a nuisance upon the
premises of a person other than its owner or who is subjected to habitually
loud or annoying barking or who shall be subject to or observe a dog
otherwise harassing any person or persons or otherwise acting in violation
of this article may file a signed dog nuisance complaint with the
Town Clerk of the Town of Richmond specifying the objectionable conduct
of the dog, the date thereof, the damage caused, a description of
the dog and the name and residence, if known, of the owner or other
person harboring said dog.
B.
The Town Clerk of the Town of Richmond will file the complaint with
the dog control agency designated to serve the Town of Richmond or
the Richmond Code Enforcement Office.
A.
Enforcement officers. The provisions of this article may be enforced
by the dog control agency designated by the Town of Richmond, the
Richmond Code Enforcement Officer or Deputy Code Enforcement Officer,
the Ontario County Sheriff's Department or a Richmond Town Justice.
The Richmond Town Board shall have the power to designate such other
person as it deems necessary to enforce this article.
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, for any violation of this article and
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 an appearance ticket is unanswered,
the Justice Court shall permit the filing of 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 Richmond shall
be seized and properly fed and cared for until redeemed or disposed
of in accordance with the provisions of the Agriculture and Markets
Law. Each such dog shall be held for a period of five to nine days,
in accordance with the provisions of § 117 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 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 Richmond shall be issued an appearance
ticket for violation of this article and shall be prosecuted pursuant
to law.
A.
Any person violating any provision of this article shall be guilty
of an offense and, upon conviction thereof, shall be punishable by
a fine of not more than $50, except that where the person was found
to have violated this article within the preceding five years, the
fine may not be more than $100, 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 $500 or imprisonment
for not more than 15 days, or both.
B.
The remedies provided herein shall be cumulative and shall be in
addition to any other remedies provided by the New York State Agriculture
and Markets Law, or other law.
The provisions of this article shall not apply to blind persons
who may use dogs as guides.
