This chapter shall be known as the "Town of Dayton Dog Control
Law."
The Town of Dayton finds that the running at large, unleashed
and other uncontrolled behavior of dogs has caused physical harm to
persons, damage to property and created nuisances within the Town
of Dayton. The purpose of this chapter shall be to preserve the health,
safety, and well-being of all persons and property, and contribute
to the preservation of the public peace, welfare and good order in
the Town of Dayton. This chapter shall provide for the licensing,
identification, control and protection of the dog population and the
protection of persons, property, domestic animals, and deer from dog
attack and damage; it provides for the enforcing of certain regulations
and restrictions on the activities of dogs, which becomes effective
January 1, 2011, and the rights and privileges of the owners of dogs
as well as other citizens in the Town of Dayton.
This chapter is enacted pursuant and consistent with the provisions
of Article 7, §§ 122.1 and 122.2(a), (b), (c), of the
New York State Agriculture and Markets Law, titled "Licensing, Identification
and Control of Dogs," effective January 1, 2011. This chapter shall:
A. Apply to all areas of the Town of Dayton;
B. If any dog owned by a nonresident of this state is harbored within
this state, such dog shall be exempt from the identification and licensing
provisions for a period of 30 days, provided such dog is licensed
pursuant to the provisions of law of the area of residence;
C. Not apply to any dog confined to premises of any public or private
hospital dedicated to the treatment of sick animals, or confined to
the premises of any college or other educational research institution
for the purposes of research;
D. Not apply to any dog confined to the premises of any person, firm,
or corporation actively engaged in the business of breeding or raising
dogs for profit and licensed as a Class A dealer under the Federal
Laboratory Animal Welfare Act;
E. Control dangerous dogs in a no less stringent manner than is defined
in Article 7 of the New York State Agriculture and Markets Law, and
any other subsequent amendments to same.
As used in this chapter, the following terms shall have the
meanings indicated:
ADOPTION
The delivery to any person 18 years of age or older, for
the purpose of harboring any dog seized or surrendered.
AT LARGE
Any dog that is unleashed and on property open to the public,
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
A.
Accompanied by and under the immediate supervision and control
of the owner or other responsible person;
B.
A police work dog in use for police work; or
C.
Accompanied by its owner or other responsible person and is
actively engaged in hunting or training for hunting on unposted land
or on posted land with the permission of the owner of the land.
CLASSIFICATION OF DOGS
A.
IDENTIFIED DOGAny dog carrying an identification tag as required by this chapter.
B.
GUIDE DOGAny dog that is trained to aid a blind person or any dog owned by a recognized guide dog training center located within the state during the period such dog is being trained or bred for such purpose.
C.
POLICE WORK DOGAny dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.
D.
WAR DOGAny dog which has been honorably discharged from the United States Armed Services.
E.
HEARING DOGAny dog that is trained to aid a person with a hearing impairment and actually used for such purpose, or any dog owned by a recognized training center located within the state during the period such dog is being trained or bred for such purpose.
F.
SERVICE DOGAny dog that has been or is being individually trained to work or perform tasks for the benefit of a person with a disability, provided that the dog will be owned by such person or that person's parent, guardian or legal representative.
G.
WORKING SEARCH DOGAny dog that is trained to aid in the search for missing persons, and actually used for such purpose and is registered with the Department; provided that such services provided by said dog shall be performed without charge or fee.
H.
THERAPY DOGAny dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes and other settings and actually used for such purpose, or any dog owned by a recognized training center located in the state during the period such dog is being trained or bred for such purpose.
I.
DETECTION DOGAny dog that is trained and is actually used for such purposes or is undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband.
J.
DANGEROUS DOGAny dog which without provocation attacks a person, companion animal, farm animal or domestic animal as defined in Section 350, (4), (5), (7), and causes physical injury or death, or behaves in a manner
which a reasonable person would believe poses an unjustified imminent
threat of serious physical harm, injury or death to one or more persons,
companion animals, farm animals or domestic animals, or without justification
attacks a service dog, guide dog, or hearing dog and causes physical
injury or death.
CLERK
The Town Clerk of the Town of Dayton where licenses are validated
or issued.
COMMISSIONER
The state commissioner of New York State Agriculture and
Markets.
DOG
Any member of the canis familiaris species.
DOG CONTROL OFFICER
Any individual appointed by the Board of the Town of Dayton
or any authorized agent, officer, or employee of an incorporated humane
society, or similar incorporated dog protective association under
contract with the Town of Dayton to assist in the enforcement of this
chapter.
DOMESTIC ANIMAL
Any domesticated sheep, horse, cattle, fallow, red, silka
and/or whitetail deer which are raised under license from state DEC
(Department of Environmental Conservation), llama, goat, swine, fowl,
duck, goose, swan, turkey, confined hare or rabbit, pheasant or other
bird/fowl raised in confinement under license from state DEC before
release from captivity, except fowl commonly used for cock fights
shall not be considered domestic animals.
EUTHANIZE
To bring about death by a humane method.
HARBOR
To provide food and/or shelter to any dog.
IDENTIFICATION TAG
A tag issued by the Town Clerk of the Town of Dayton which
sets an identification number, name and telephone number of Town of
Dayton, State of New York, and any such contact information as the
Town deems necessary.
MUNICIPALITY
Town of Dayton or any county, town, city or village.
OWNER
Any person who harbors or keeps any dog.
OWNER OF RECORD
The person whose name any dog was last licensed. If any dog
found in violation of this chapter is owned by a person less than
18 years of age, the parent or guardian of such person (or head of
the household in which the person resides) shall be deemed to be the
owner of record or responsible party.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
RECOGNIZED REGISTRY ASSOCIATION
A registry association that issues numbered registration
certificates and keeps such records as may be required by the Commissioner.
SERIOUS PHYSICAL INJURY
Physical injury which creates a substantial risk of death,
or which causes death or serious or protracted disfigurement, protracted
impairment of health or protracted loss or impairment of the function
of any bodily organ.
Pursuant to the provisions of this chapter and/or the provisions
of New York Agriculture and Markets Law Article 7:
A. It shall be unlawful for any owner of any dog to permit or allow
such dog in the Town of Dayton to:
(1) Be at large; unleashed, unsupervised or uncontrolled at any time.
(2) Engage in habitual loud howling, barking, crying, or whining or to
conduct itself in such a manner so as to unreasonably and habitually
annoy any person.
(3) Cause damage or destruction to property, or commit a nuisance by
defecating or urinating upon the premises of persons other than those
of the owner of such dog.
(4) Actively chase, harass or behave in a menacing or intimidating manner
which would cause reasonable apprehension of injury or bodily harm
to any person.
(5) Habitually chase, bark, or run alongside of bicycles or motor vehicles.
(6) Be unlicensed. Mandatory age is four months old and have a valid
rabies vaccination.
(7) Suffer or permit any dog to attack any person and/or animal peacefully
conducting himself in any place where such persons and/or animals
may lawfully be.
(8) Be kept or suffer to be kept any dog which maims, attacks or kills
another dog, cat or farm animal.
B. It shall be unlawful for:
(1) Any owner to fail to license any dog.
(2) Any owner to fail to have any dog identified as required by this
chapter.
(3) Any person to knowingly affix to any dog any false or improper identification
tag, special identification tag for identifying guide, service or
hearing dogs or purebred license tag.
(4) Any owner or custodian of any dog to fail to confine, restrain or
present such dog for any lawful purpose pursuant to this chapter.
(5) Any person to furnish false or misleading information on any form
required to be filed with the Town of Dayton pursuant to the provisions
of this chapter or rules and regulations promulgated pursuant thereto.
(6) Any owner of a dog to fail to notify the Town of Dayton in which
the dog is licensed of any change in ownership, residence address
or death.
C. It shall be the duty of the Dog Control Officer of the Town of Dayton
to bring action against any person who commits any violation set forth
in this chapter of the Town of Dayton either by prosecution under
penal law or to commence an action to recover a civil penalty in accordance
with Article 7 of the Agriculture and Markets Law, effective January
1, 2011.
Pursuant to Article 7, § 114, of the Agriculture and
Markets Law, the Town of Dayton Board may, by resolution of said Board,
contract for shelter services with any other municipality or with
an incorporated humane society or similar incorporated dog protective
association, or shall establish and maintain, jointly or with one
or more municipalities, a pound or shelter.
Any person who observes a dog in violation of this chapter may
file a complaint under oath with the Dog Control Officer of the Town
of Dayton specifying the nature of the violation, the date thereof,
a description of the dog, name and residence of the owner, if known,
of such dog. Such complaint may serve as the basis for enforcing the
provisions of this chapter or violations of Article 7, § 118,
of the Agriculture and Markets Law effective January 1, 2011.
Any Dog Control Officer, peace officer, acting pursuant to his/her
special duties, while in the employ of or under contract to the Town
of Dayton, or a police officer observing a violation of this chapter
in his/her presence, and having reasonable cause to believe that a
owner or person has violated this chapter, shall issue and serve upon
such person an appearance ticket and information for such violation.
Upon receipt by the Town of Dayton Justice of an appearance
ticket with information or complaint regarding the conduct of any
particular dog, the alleged owner or other person harboring said dog
is required to appear in person before the Town Justice. Disregard
for the appearance ticket may result in an order by the Town of Dayton
Justice to issue a warrant for the arrest of such person.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein, and if any provision shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
This chapter shall supersede all prior local laws, local law,
rules and regulations relative to the control of dogs within the Town
of Dayton and they shall be null and void, upon the effective date
of this chapter.
This chapter shall take effect January 1, 2011.