[HISTORY: Adopted by the Town Board of the Town of Somerset
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 131.
[Adopted 4-14-2009 by L.L. No. 1-2009[1]]
[1]
This article also repealed former Chapter 65, Animals, consisting
of Art. I, Running at Large, adopted 7-9-1974, as amended; Art. II,
License Fees, adopted 9-25-1979 by L.L. No. 1-1979, as amended; and
Art. III, Adoption of Dogs, adopted 3-9-2004 by L.L. No. 1-2004.
The purpose of this article shall be to promote the health,
safety and general welfare of the Town of Somerset, including the
protection and preservation of the property of the Town and its inhabitants,
by specifying, establishing and imposing certain restrictions, regulations
and responsibilities relating to the control of dogs within the Town
of Somerset, as hereinafter defined.
As used in this article, the words in the following list shall
have the following respective meanings:
Any dog shall be deemed to be "at large" if not accompanied
by a person who is in control of the dog or who is providing restraint
of the dog elsewhere than on the premises of the owner, keeper or
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, 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.
When a dog comes, heels, and stays promptly upon command.
A dog that, without provocation, chases or approaches in
either a menacing fashion or in an apparent attitude of attack or
attempts to bite or otherwise endanger any person or domestic animal
while that dog is off the premises of its owner, keeper or harborer
and not under the control of its owner, keeper or harborer.
Euthanasia of a dog; the act of painlessly causing the death
of the dog.
Arrangement for the sale or destruction of a dog.
Includes the plural "dogs" and refers to any dog of either
sex or any age unless otherwise indicated herein. Any member of the
species Canis familiaris, regardless of age, male and female, licensed
and unlicensed.
Any person who is appointed by the Town Board to assist in
the enforcement of this article.
Any cat, other dog or any other animal defined as a domestic
animal in Article 7, § 108, of the Agriculture and Markets
Law of the State of New York.
A list of all fees charged by the Town of Somerset in conjunction
with this article.
The loss or giving up of any claim to a dog.
Any dog trained to guide blind, deaf or other handicapped
persons.
A dog that barks, bays, cries, howls, or makes any other
noise for a period of 30 minutes or barks intermittently for one hour
or more to the disturbance of any person at any time of day or night,
regardless of whether the dog is physically situated in or upon private
or commercial property; provided, however, that a dog shall not be
deemed a "barking dog" for purpose of this article if, at the time
the dog is barking or making any noise, a person is trespassing or
threatening to trespass upon private property in or upon which the
dog is situated or for any other legitimate cause which teased or
provoked the dog.
To provide food and shelter for any dog.
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
[Added 12-14-2010 by L.L. No. 5-2010]
That the dog is equipped with a collar or harness to which
is attached a leash of sufficient strength to restrain the dog, unless
the dog is accompanied by its owner or other responsible person able
to control the animal by voice command.
The behavior of a dog which would cause a person to reasonably
believe that the dog would cause physical injury to such person.
Any person who is a licensed owner of a dog. This term also
includes any person who owns, keeps or harbors or who has the care,
custody or control of a dog, and can include more than one person.
Dogs owned by minors shall be deemed to be in the care, custody and
control of the minor's parents or other head of the household where
the minor resides.
Punishment fixed by law.
Any person who harbors a dog for an individual or owner who
lives off the premises.
Any dog owned or harbored by any state or municipal police
department.
Any injury to humans, domestic animals, or deer that results
in broken bones or disfiguring lacerations requiring multiple sutures
or cosmetic surgery.
Includes all who reside in the Town of Somerset.
A dog that, without provocation, bites, injures or kills
a human being, other dog, cat or domestic animal.
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.
Any dog being used to shepherd or guard cows, sheep or any
other domestic animals.
It shall be unlawful for any owner of or any person harboring
any dog in the Town of Somerset to permit or allow such dog to:
A.
Run at large unless accompanied by its owner or a responsible person
able to control the animal. For the purposes of this article, a dog
or dogs lawfully hunting or field training in the company with a hunter(s)
or handler(s) shall be considered as accompanied by and under the
control of its owner.
B.
Engage in habitual loud howling or barking or to conduct itself in
such manner so as to habitually annoy any person other than the owner
or person harboring such dog.
C.
Cause damage or destruction to property or commit a nuisance upon
the premises of a person other than the owner or person harboring
such a dog.
D.
Chase or otherwise harass any person in such a manner as to reasonably
cause intimidation or to put any person present in reasonable apprehension
of bodily harm or injury.
E.
Habitually chase or bark at motor vehicles.
A.
An animal control officer or other proper authority designated by
the Town Board, as provided by § 114 of the Agriculture
and Markets Law and other applicable laws and provisions, may enforce
the provisions of this article and may also investigate and report
to a Town Justice any dangerous dog as described in § 121
of the Agriculture and Markets Law and see that the order or orders
of the Town Justice in such case are carried out.
B.
The Town Board shall appoint a Dog Control Officer or Officers as
needed pursuant to Article 7 of the Agriculture and Markets Law of
the State of New York. It shall be the duty of such Dog Control Officer
or officers, as well as all peace officers within the Town of Somerset,
to enforce appropriate provisions of this article, as well as the
Agriculture and Markets Law, with respect to dogs in the Town of Somerset.
The Town Board authorizes the Niagara County Sheriff's Office and
the New York State Police to enforce any provisions of this article,
as well as applicable provisions of the Agriculture and Markets Law
of the State of New York. In addition, any Dog Control Officer or
peace officer of the Town is hereby authorized to serve any process
related to any proceeding, whether criminal or civil in nature, including
any appearance ticket (pursuant
to § 150.20 of the Criminal Procedure Law), in accordance
with the provisions of this article. If the Dog Control Officer serves
said appearance ticket and it is disregarded, the Town Justice shall
permit the filing of any information from said officer and shall issue
a warrant of arrest for such person.
(1)
Authority of the Dog Control Officer. The Dog Control Officer or
Officers of the Town of Somerset may seize a dog or any dogs, tagged
or untagged, which are found to be in violation of any provision of
this article, as well as any dog or dogs otherwise required to be
seized under and by virtue of Article 7 of the New York State Agriculture
and Markets Law.
(2)
Appearance tickets; filing of complaints.
(a)
Any Dog Control Officer in the employ of or under contract with
the Town of Somerset, observing a violation of this article in his
presence, shall issue and serve an appearance ticket for such violation.
(b)
Any person who observes a dog causing damage or destruction
to property other than its owner or committing a nuisance upon the
premises of a person other than its owner may file a signed complaint,
under oath, with the Town Clerk, and such complaint shall be referred
by the Clerk to the Dog Control Officer, specifying the objectionable
conduct of the dog, the date thereof, the damage caused, a description
of the dog, if known, and the name of the owner or person harboring
said dog, if known.
(c)
Oral complaints made to the Town Clerk or Dog Control Officer
must include the complainant's name and address and may be used only
as a basis for investigation by the Dog Control Officer or peace officer.
A.
The Dog Control Officer may issue an appearance ticket to any person
believed to be in violation of this article.
A.
The seizure and redemption of dogs in violation of this article shall
be as provided in § 118 of the Agriculture and Markets Law
of the State of New York.
A violation of this article shall be deemed an offense against such law, and any person convicted hereunder shall be fined an amount not less than $50 and not more than $150; provided, however, that if the person committing such offense shall have been convicted of an offense in violation of this article within the preceding two years, the fine shall be not less than $150 and not more than $550; and if such person shall have been convicted of two or more offenses within the preceding two years, the fine shall not be less than $550 and not more than $1,000; and if such person shall have been convicted of four or more offenses within the preceding two years, the penalty, in addition to applicable fines, may also include the seizure of the dog pursuant to the requirements of § 65-6 of this article. Any dog ordered seized shall be immediately adopted, sold or euthanized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
[Amended 12-14-2010 by L.L. No. 5-2010]
A.
In accordance with (Chapter 59; Part of the Laws of 2010) Article
7 of the NYS Agriculture and Markets Law, all dogs reaching the age
of four months shall be licensed and identified. Application for license
shall be made in accordance with the provisions of the law.
(1)
The following dogs, as defined in Article 7 of the Agriculture and
Markets Law, shall be exempt from licensing fees: guide dog, hearing
dog, service dog, war dog, working search dog, detection dog, police
work dog and therapy dog. In addition, any dog harbored within the
Town of Somerset which is owned by a nonresident of New York State
and licensed by a jurisdiction outside of the State of New York shall,
for a period of 30 days, be exempt from the licensing and identification
provisions.
(2)
The annual fee for each dog license issued shall be:
(a)
Spayed or neutered dog shall be $6 (includes New York State
Animal Control surcharge of $1).
(b)
Unspayed or unneutered dog shall be $16 (includes New York State
Animal Control surcharge of $3).
(c)
Replacement tags shall be $3.
(d)
The following license fees shall apply to purebred licenses:
[1]
For each purebred license, if no more than 10 registered purebred
dogs: $50, plus any applicable surcharges imposed by New York State.
[2]
For each purebred license, if no more than 25 registered purebred
dogs: $75, plus any applicable surcharges imposed by New York State.
[3]
For each purebred license, for more than 25 registered purebred
dogs: $125, plus any applicable surcharges imposed by New York State.
(e)
If dog remains unlicensed for 60 days, there will be a late
fee of $10 in addition to the licensing fee.
(3)
In addition to any other applicable fee, any person applying for
a dog or purebred license for a dog identified as unlicensed during
a dog enumeration shall pay a surcharge of $10. Such addition surcharge
shall be used to pay the expenses incurred by the Town in conducting
an enumeration.
(4)
Each license issued pursuant to this article shall be valid for a
period of one year and shall expire on the last day of the last month
of the period for which it is issued. No license shall be issued for
a period expiring after the last day of the 11th month following the
expiration date of the current rabies certificate for the dog being
licensed.
(5)
Upon validation by the Town Clerk of the Town of Somerset, a dog
license shall be issued and a record of its issuance retained in the
office of the Town Clerk of the Town. Such record shall be made available
upon request to the State Commissioner of Agriculture and Markets,
or successor thereof.
(6)
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately apply for a new license
for the dog. A license cannot be transferred to another dog.
(7)
Change of ownership; lost or stolen dogs.
(a)
Upon the transfer of ownership of any dog, the new owner shall
immediately make application for a license for such dog.
(b)
In the event of a change in ownership of any dog which has been
assigned an official identification number or in the event of a change
of address of the owner of record of any such dog, the owner of record
shall, within 10 days of such change, notify the Town Clerk.
(c)
In the case of a dog's death, the owner of record shall so notify
the Town Clerk either prior to renewal of license or upon the time
of such renewal.
[1]
The Town Clerk shall assign a Town permanent official identification
number to a dog when it is first licensed. Such identification number
shall be carried by the dog on an identification tag which shall be
affixed to the collar of the dot at all times.
[2]
The official permanent identification number shall constitute
the official identification of the dog to which it is assigned, regardless
of changes of ownership and the number shall not be reassigned to
any other dog during the lifetime of the dog to which it is assigned.
[3]
No tag carrying an identification number shall be affixed to
the collar of any dog other than the one to which the number has been
assigned.
B.
Pursuant to Municipal Home Rule § 10, by the adoption of
this article, the Town of Somerset, County of Niagara, hereby authorizes
the Town Board of the Town of Somerset to establish, by resolution,
a schedule of dog license fees, enumeration fees and tag replacement
fees. The Town Board of the Town of Somerset, County of Niagara may
exercise this authority as needed.
A.
Any dog which has been seized pursuant to § 118 of the
Agriculture and Markets Law of the State of New York, or this article,
shall pay the following impoundment fees:
(1)
For the first impoundment of any dog owned by that person: $20.
(2)
For the second impoundment of any dog owned by that person: $40.
(3)
For the third impoundment of any dog owned by that person: $60.
(4)
For the fourth impoundment of any dog owned by that person: $75.
(5)
For the fifth and any subsequent impoundment of any dog owned by
that person: $100.
B.
In addition to the aforesaid impoundment fee, the owner shall be
responsible to pay the sum of $10 for 24 hours or part thereof for
sheltering, feeding and watering said dog.
C.
In the case where veterinary care is necessary to protect the health
and welfare of a dog, in addition to the impoundment fee, the Town
shall also charge $25 for each trip to the veterinarian and for all
cost of such veterinary care.
D.
The owner of any dog not redeemed within seven days of the date of
his sentencing shall forfeit all title to the dog(s), and the dog(s)
shall be sold or destroyed pursuant to the provisions of § 118
of the Agriculture and Markets Law.
The owner, possessor or harborer of any dog destroyed under
the provisions of this chapter shall not be entitled to any compensation,
and no action shall be maintainable thereafter to recover the value
of the dog.
The sections, paragraphs, sentences, clauses and phrases of
this article are severable, and if any phrase, clause, sentence, paragraph
or section of this article shall be declared unconstitutional by the
valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this article.
This article shall become effective upon its filing with the
Office of the New York Secretary of State.
