[HISTORY: Adopted by the Town Board of the Town of Bath as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-14-1980 by L.L. No. 1-1980; amended in its entirety 12-2-2010 by L.L. No. 3-2010]
Editor's Note: This local law also superseded former Art. II, License Fees, adopted 11-9-1981 by L.L. No. 1-1981, as amended.
The Town Board of the Town of Bath finds that uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons and damage to property and has created nuisances within the Town. The purpose of this article is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dogs within the Town.
This Article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
The title of this article shall be the "Dog Control Law of the Town of Bath."
As used in this article, the following words shall have the following respective meanings:
- Male and female, licensed and unlicensed, members of the species Canis familiaris.
- DOG WARDEN
- A dog control officer on or after January 1, 1980.
- The 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 owning or harboring a dog for a period of one week prior to the filing of any complaint charging violation of this article shall be held and deemed 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 said dog and violations of this article.
- The Town of Bath.
It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:
Run at large unless the dog is accompanied by its owner or a responsible person and under the full control of such person. For the purpose of this article, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by its owner.
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property without the consent or approval of the owner thereof.
Chase, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
Habitually chase, run along side of, bark at or jump on 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.
Create a nuisance by defecating, urinating or digging on public property or on private property without the consent of the owner of such property.
It shall be unlawful for any owner of any dog in the Town to:
[Added 2-8-2016 by L.L. No. 1-2016]
If a female dog, when in heat, allow the dog to be off the owner's premises unrestrained by a leash.
Fail to have a current license tag on a dog.
Fail to have a current rabies vaccination for a dog, pursuant to Title IV of the Public Health Law, "Rabies," § 2141, Compulsory Vaccination.
Knowingly affix to any dog any false or improper identification tag, or special identification tag for identifying guide, service or hearing dogs.
Deposit or cause to be deposited any dog feces on public property, including highway rights-of-way.
All dogs in the Town of Bath must be licensed by the Town Clerk by the age of four months and are required to present a certificate of rabies at the time of licensing or the renewal of an existing license.
All dogs must carry an identification tag.
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.
Fees for licensing of dogs. The fee for a spayed or neutered dog will be $8.50 (which will include the assessment of a surcharge of $1 for the purpose of carrying out animal population control), and the fee for an unspayed or unneutered dog will be $15.50 (which will include the assessment of a surcharge of $3, for the purpose of carrying out animal population control) with such fees being reviewed by the Town Board periodically, and such fees may be changed by a resolution of the Town Board if deemed necessary.
The fee for a replacement tag will be $3 per tag.
Enumeration fee. When the Town Board determines the need for a dog enumeration, a fee of $5 will be assessed to owners of all dogs found to be unrenewed or unlicensed at the time of the enumeration.
The Town of Bath will issue purebred licenses with a fee of $30, plus $3 for each unspayed/unneutered dog and $1 for each spayed or neutered dog to be assessed for the purpose of carrying out animal population control, for up to 10 dogs; $60 for 11 to 25 dogs, plus $3 for each unspayed/unneutered dog and $1 for each spayed/neutered dog; and $100 for 26 or more dogs with the fee of $3 fee for each unspayed/unneutered dog and $1 for each spayed/neutered dog.
Service dogs. The Town of Bath will require a license for all guide dogs, service dogs, hearing dogs, therapy dogs and detection dogs, but at no charge.
The Town of Bath does not allow the licensing of dogs by an animal shelter. The shelter must send the adoptive dog owner to the Clerk of the town or city in which the dog will be harbored for licensing or to the Town Clerk of the Town of Bath, where the shelter is located, for the purchase of a license.
All dog licenses may be purchased by visiting the Town offices or by regular mail. If licensing or renewing by mail, the appropriate fee must accompany the forms. There will be no refund for fees.
The dog warden or any peace officer shall seize any unlicensed dog, whether on or off the owner's premises and any dog not wearing a tag and not identified and which is not on the owners' premises. Such dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law. The dog warden or peace officer may also investigate and report to a Town Justice of the Town any dangerous dog, as described by Article 7 of the Agriculture and Markets Law, and see that the order of the Town Justice in such case is carried out.
Fees for seizure of clogs. The fee for seizure and impoundment of dogs in violation of this article or the laws of the New York State Department of Agriculture and Markets Law are as follows:
The dog warden or peace officer having reasonable cause to believe that a person has violated this article shall issue and serve upon such person an appearance ticket for such violation.
Any person who observes a dog in violation of this article may file a complaint, under oath, with a Town Justice of the Town, 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 such dog. Such complaint may serve as the basis for enforcing the provisions of this article.
Any person convicted of a violation of any provision of this article shall be liable for a civil penalty of up to $50 and/or 15 days in jail for the first violation; of up to $75 and/or 15 days in jail for the second violation; and up to $100 and/or 15 days in jail for each subsequent violation.
[Amended 2-8-2016 by L.L. No. 1-2016]
This article shall take effect immediately upon filing-with the New York State Secretary of State.