[HISTORY: Adopted by the Town Board of the
Town of Perinton as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-27-1977 by L.L. No. 4-1977
(Ch. 69 of the 1976 Code); amended in its entirety 11-17-2010 by L.L. No.
9-2010]
This article shall be known as the "Perinton Dog Control Law."
The purpose and intent of this article shall be to preserve
the public peace and good order in the Town of Perinton and to contribute
to the public welfare and the preservation and protection of the property
and the person of the inhabitants of said town by declaring and enforcing
certain regulations and restrictions on activities of dogs and owners
of dogs within the town.
As used in this article the following words shall these respective
meanings:
Male and female, licensed and unlicensed, members of the
specis canis familiaris.
To provide food or shelter for any dog.
A person entitled to claim lawful custody and possession
of a dog 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 control officer 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 filing any complaint charging a violation of this article,
shall be held in 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 the said dog in violation of this article.
To be in a public place or on private land without the knowledge,
consent, and approval of the owner of such lands.
The Town of Perinton
It shall be unlawful for any owner of or any person harboring
any dog in the Town of Perinton to permit or allow such dog to:
A.
Run at large unless said dog is restrained by an adequate collar
and leash or unless accompanied by its owner or a responsible person
able to control the animal. For the purpose of this article, a dog
or dogs hunting in company with a hunter or hunters shall be considered
as accompanied by its owner.
B.
Engage in habitual loud howling or barking or conduct itself in such
a manner 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 dog.
D.
Bite, chase or otherwise harass any person in such a manner as to
reasonably cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
E.
Habitually chase, run alongside or bark at motor vehicles or bicycles.
It shall be unlawful to keep more than four dogs, four months
old or older, on any premises regardless of the number of owners,
unless the provisions of the Zoning Ordinance of the Town of Perinton
in regard to kennels have been complied with.[1]
It shall be unlawful for the owner or person harboring any female
dog to permit such dog to run at large when in heat, and such dog
shall be confined to the premises of such person during such period.
[Amended 3-8-2023 by L.L. No. 1-2023]
A.
All dogs in the Town of Perinton must be licensed with the Town Clerk
by the age of four months and are required to present a current certificate
of rabies at the time of licensing or the renewal of an existing license.
B.
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.
C.
Purebred license:
(1)
The Town of Perinton will not be issuing purebred or kennel licenses.
All dogs will be licensed individually as per fee system stated above.
D.
Exemptions:
(1)
The Town of Perinton will require a license, but no license fee,
for the following: guide dog, hearing dog, detection dog, service
dog, war dog, working search dog, or police work dog.
E.
The Town of Perinton does not allow the licensing of dogs by a shelter.
The shelter must send the adoptive dog owners to the town clerk of
the town or city in which the dog will be harbored for licensing or
to the town clerk of the Town of Perinton where the shelter is located
for the purchase of the license for adoption purposes.
F.
All dog licenses may be purchased by visiting the Town offices or
by regular mail. If licensing or renewing a license by mail, the appropriate
fee must accompany the forms. There will be no refund of fees.
G.
All fees will be used in funding the administration of the Dog Control
Law of the Town of Perinton.
H.
Fees for seizure of dogs:
A dog control officer or officers, designated as such by the Town Board, shall have all the applicable powers to enforce the provisions of Chapter 78 of the Town ordinance and Article 7 of the Agriculture and Markets Law. In addition, any dog control officer of the Town authorized by the Town Board to assist in the enforcement of this article may serve any process related to any proceeding, whether criminal or civil in nature, including an appearance ticket, undertaken in accordance with the provisions of this article.
A.
The Dog Control Officer or any peace officer shall seize:
(1)
Any unlicensed dog whether on or off the owner's premises.
(2)
Any dog not wearing a tag, and, after January 1, 2011, not identified,
and which is not on the owner's premises.
(3)
Any dog found in violation of § 78-4, Restrictions, Subsections A through E of this article. Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of Agriculture and Markets Law, and see that the order of the Town Justice of the Town of Perinton in such case is carried out.
B.
The Dog Control Officer or peace officer observing a violation of
this article in his presence shall issue and serve an appearance ticket
for such violation. Said offense should be considered a petty offense
and not a misdemeanor.
C.
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 may file a signed complaint
under oath with a Justice of the Peace of the Town of Perinton 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.
Upon receipt by the Justice of the Peace of any complaint in
writing against the conduct of any particular dog, the Justice of
the Peace must summon the alleged owner or other person harboring
said dog to appear in person before him. If the summons is disregarded,
the Justice must permit the filing of an information and issue a warrant
for the arrest of such person.
A.
Every dog seized shall be properly fed and cared for at the expense
of the Town of Perinton until disposition thereof as herein provided
and in accordance with the applicable provisions of the Agriculture
and Markets Law of the State of New York.
B.
If the dog seized bears a license tag, the Dog Control Officer shall
ascertain the owner of the dog and shall give immediate notice by
serving personally or by certified mail, return receipt requested,
such owner, or an adult member of his family, with a notice, in writing,
stating that the dog has been seized and will be destroyed unless
redeemed as herein provided.
C.
The owner of a dog so seized may redeem the dog within seven days
if notice is served in person or nine days if served by mail. A seizure
fee will be charged to the owner of any licensed dog, if held by the
Animal Control Officer for more than 24 hours. A seizure fee will
be charged for any unlicensed dog seized by the Animal Control Officer.
Seizure fees will be payable to the Town Clerk, plus any additional
charges for the cost of feeding and caring of such dog.
[Amended 2-25-2015 by L.L. No. 2]
D.
If not so redeemed, the owner shall forfeit all title to the dog,
and the dog shall be made available for adoption or euthanized. In
the case of adoption, the purchaser must pay the adoption fees and
obtain a license before the dog is released from custody. In all cases,
the dog control officer shall maintain a complete record of any seizure
and subsequent disposition of any dog as required by Article 7 of
the Agriculture and Markets Law of the State of New York.
[Amended 3-9-2011 by L.L. No. 2-2011]
Any person who violates this article or knowingly permits the violation of this article or any of the provisions thereof shall be deemed to have committed an offense against this article, and any person convicted of any such violation after investigation and hearing shall be punishable (as pursuant to Chapter 115 of the Town Code).
Authority to set dog license fees by resolution of the Town
Board: Pursuant to Municipal Home Rule Law, Article 2, by the adoption
of this article, the Town of Perinton, County of Monroe, hereby authorizes
the Town Board of the Town of Perinton, County of Monroe to establish,
by resolution, a schedule of dog license fees, enumeration fees and
tag replacement fees. The Town Board of the Town of Perinton, County
of Monroe, may exercise this authority as needed throughout the year.
Each separate provision of this article shall be deemed independent
of all other provisions herein and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
This article shall supersede all prior Local Laws, Ordinances,
Rules and Regulations relative to the control of dogs within the Town
of Perinton, and they shall be upon the effectiveness of this article,
null and void.
Local Law No. 1 of 2010 constitutes an amendment of Local Law
No. 1 of 1992 and Local Law No. 2 for the year 1985, which establishes
a "Dog Control Law," adding only the provision referred to in sections
above.
This article shall be effective January 1, 2011 after filing
with the Secretary of State.
