[HISTORY: Adopted by the Town Board of the Town of Pompey as indicated in article histories. Amendments noted where applicable.]
Appearance tickets — See Ch. 4.
[Adopted 11-4-1996 by L.L. No. 5-1996]
The provisions of the Onondaga County Leash Law are hereby extended in the Town of Pompey so that such provisions are enforceable by the Town officers from November 1 of each year through and including March 31 of each subsequent year.
[Adopted 12-6-2010 by L.L. No. 5-2010]
The purpose of this article is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, domestic animals and deer from dog attack and damage.
As used in this article, the following terms shall have the meanings indicated:
- AT LARGE
- To have an unleashed dog not under the control of the owner and off the premises of the owner.
- To provide food or shelter to any dog.
- Includes any person who keeps or harbors any dog or who is in lawful custody of any dog.
It shall be unlawful for any owner of any dog to permit or allow such dog in the Town of Pompey to:
Be at large.
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.
Habitually chase, run alongside of or bark at motor vehicles or bicycles.
All dogs within the Town of Pompey four months of age or older, unless otherwise exempted, shall be licensed. The owner of each dog required to be licensed shall obtain, complete and return to the person or entity appointed pursuant to the Town of Pompey Clerk a dog license application, together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Town of Pompey. Each license application shall be accompanied by 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. Each license issued shall be valid for a period of one year and shall not be transferable.
The Town of Pompey hereby establishes the fee for a dog license issued pursuant to § 64-5 of this article at such amounts as are determined from time to time by resolution of the Town Board. The fee shall at all times be at least $5 more than the total fee for a spayed or neutered dog if the dog for which the license application is made is unspayed or unneutered.
Excepted from payment of the license fee are applications submitted for a dog license for any guide, hearing, service, war, working search, detection, police and therapy dogs.
In addition to the license fee established by this article, each applicant for a dog license shall pay a nonrefundable surcharge of $1 if the dog to be licensed is altered or a fee of $3 if the dog sought to be licensed is unaltered for the purpose of carrying out animal population control efforts as required by Article 7 of the New York State Agriculture and Markets Law.
In addition to the license fees and surcharges imposed by Subsections A and C of this section, each applicant for a dog license shall pay an additional surcharge, as determined from time to time by resolution of the Town Board, which shall be retained by the Town of Pompey and used to defray the cost of providing replacement identification tags.
When a dog is originally licensed, the Town of Pompey will assign an identification number and issue an identification tag which shall be worn by the dog at all times. The tag issued by the Town will identify the Town of Pompey, the identification number, the State of New York, contact information, including the telephone number of the municipality, and such other information as the Town deems appropriate.
Existing New York State Agriculture and Markets dog licenses being renewed or transferred in from another municipality shall be assigned a Town of Pompey identification number, and an identification tag shall be issued.
No identification tag shall be affixed to the collar of any dog other than the one to which it was assigned.
When there is a change of address for the owner of record, the owner shall notify the Town of Pompey Clerk within 10 days of such change. If the change is still within the Town of Pompey, the Town of Pompey Clerk will make the appropriate updates to the dog license record. If the change is located outside the Town of Pompey, the Town of Pompey Clerk shall make a note in the record and cancel the license.
In the event of a change in the ownership of any dog licensed in the Town of Pompey, the new owner shall immediately make application for a license for such dog. Additionally, the original owner of record shall notify the Town of Pompey Clerk of the change of ownership within 10 days of such change. Such original owner of record shall be liable for any violation under this article until such filing is made or until the dog is licensed in the name of the new owner.
If any dog which has been licensed in the Town of Pompey is lost, stolen or deceased, the owner of record shall notify the Town of Pompey Clerk within 10 days of the discovery of such loss, theft or death.
No dog licensing records, information or lists collected and maintained by the Town of Pompey shall be made available for commercial purposes.
The owner of any dog impounded by the Town of Pompey shall be entitled to redeem that dog within five business days, excluding the day the dog is impounded, from the day the dog is impounded, provided that the owner produces proof the dog is licensed and identified pursuant to § 64-5 of this article and pays the following impoundment fee to the Town Clerk: a fee of $175 for the first impoundment; a fee of $185 for the second impoundment, and a fee of $3 for each additional twenty-four-hour period; a fee of $195 for a third and each subsequent impoundment, and a fee of $3 for each additional twenty-four-hour period. The impoundment fees set forth herein may be amended from time to time by the Town Board by resolution.
This article shall be enforced by any Dog Control Officer, peace officer, when acting pursuant to special duties, or police officer in the employ of or under contract to the Town of Pompey.
Any person who observes a dog in violation of this article may file a complaint, under oath, with the Town of Pompey Dog Control Officer or a Justice of the Town of Pompey, 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 the dog. Such complaint may serve as the basis for enforcing the provisions of this article.
Any Dog Control Officer or peace officer, when acting pursuant to his special duties, or police officer in the employ of or under contract to the Town of Pompey, having reasonable cause to believe that a person has violated this article, shall issue and serve upon that person an appearance ticket for the violation.
Any person convicted of a violation of this article shall be deemed to have committed a violation and shall be subject to a fine not exceeding $250 for each day of such violation or subject to imprisonment for a period not exceeding 15 days.