[HISTORY: Adopted by the Town Board of the
Town of Monroe as indicated in article histories: Amendments noted
where applicable.]
[Adopted 6-7-1971 by L.L. No. 1-1971; amended in its entirety 12-4-2023 by L.L. No. 11-2023]
As used in this article, the following terms shall have the
meaning indicated:
Any individual appointed by the Town Board to assist in the
enforcement of this article or any individual carrying out the responsibilities
of Dog Control Officer pursuant to an intermunicipal agreement with
another government entity or pursuant to a contract with an appropriate
official of an incorporated society for the prevention of cruelty
to animals, or similar association with whom the Town has contracted
pursuant to provisions of the New York State Agriculture and Markets
Law.
It shall be unlawful for any owner of, or any
person harboring, any dog whether licensed or unlicensed in the Town
of Monroe to permit or allow such dog to:
A.
Run at large while off the owner's premises 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 purposes 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, barking, crying or
whining or to conduct itself in such a manner so that it creates a
noise disturbance that can be heard by any reasonable person of normal
sensitivities in the immediate vicinity. For the purpose of this section,
a "noise disturbance" shall be defined as that noise created by a
dog barking, howling or whining that is plainly audible at any location
within the immediate vicinity off the property of the owner of the
dog's home, for a period of time as set forth below:
(1)
At
or after 7:00 a.m. and before 10:00 p.m. continuously for a period
of 10 minutes or more.
(2)
At
or after 10:00 p.m. and before 7:00 a.m. continuously for a period
of five minutes or more.
(3)
At
or after 10:00 p.m. and before 7:00 a.m. continuously for a period
of one minute or more, between more than two such periods between
10:00 p.m. and before 7:00 a.m. in any period of 177 hours (seven,
twenty-four hour periods plus an additional nine hours).
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 such person in reasonable
apprehension of bodily harm or injury.
E.
Habitually chase or bark at motor vehicles.
It shall be unlawful for the owner or person
harboring any female dog to permit such dog to run unrestrained by
an adequate leash or collar when in heat.
This article shall be administered by a Dog
Control Officer as defined in this article.
Any person who observes a dog causing damage
or destruction to the property of a person other than its owner, or
committing a nuisance upon the premises of a person other than its
owner, or who is subjected to habitually loud or annoying barking,
or who shall be subject to or observe a dog otherwise harassing any
person or persons or otherwise acting in violation of this article,
may file a signed complaint, under oath, with a Town Justice of the
Town of Monroe, specifying the objectionable conduct of the dog, the
date thereof, the damage caused (which damage may include but is not
necessarily limited to habitually loud or annoying barking, howling,
crying or whining, as well as any other types of damage), 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 Town Justice of any complaint
against the conduct of any particular dog, the Town Justice may summon
the alleged owner or other person harboring said dog to appear in
person before him; and if the summons is disregarded, the Town Justice
may permit the filing of an information and issue a warrant for the
arrest of such person.
The Dog Control 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. The
appearance ticket shall be in a form with the applicable terms of
the Criminal Procedure Law.
Any person convicted of a violation of this
article, or of any provisions hereof, shall be deemed to have committed
a violation, and any person convicted of such violation shall be liable
to a fine of not less than $25 and not more than $250.
The period within which an owner may redeem
his dog which has been impounded under the provisions of this article
or § 117 of the Agriculture and Markets Law shall be five days
from the date of mailing notice of such impoundment.
A.
Before redemption of any dog seized and impounded
by reasons of this article or the Agriculture and Markets Law, the
person making such redemption shall pay the redemption fees set forth
by resolution of the Town Board of the Town of Monroe. In the event
such fees exceed any maximum amount otherwise permitted by the Agriculture
and Markets Law, such maximum fees as provided by the Agriculture
and Markets Law shall apply. If the Dog Control Officer shall determine
that such redemption fees do not cover the actual cost of boarding
an impounded dog, he or she shall be entitled to charge, in addition
thereto, an amount necessary to cover the actual cost of boarding
an impounded dog.
B.
In addition to any notification given to an owner
or other person by mail of the seizure and impoundment or of the unlicensed
status of a dog, the Dog Control Officer may utilize any other method
of giving such notice, including telephone notice.
Any dog found running at large in violation
of this article or which is not licensed, whether on or off the owner's
premises, may be seized and impounded and may be destroyed as provided
for by law if unredeemed, except that the redemption period now set
forth in law may be extended by the Dog Control Officer, in the discretion
of such officer, when he so deems necessary under the circumstances.
The consideration to be paid to a Dog Control
Officer shall be a general Town charge; provided, however, that the
fees otherwise chargeable for the services provided by the Dog Control
Officer, and payable by the owner(s) of a dog, as otherwise provided
for in the Town Code of the Town of Monroe shall be payable by such
person(s).
[Adopted 11-22-2010 by L.L. No. 6-2010]
The legislative purpose of this article is to provide for the
licensing and identification of dogs. Effective January 1, 2011, the
State of New York has relinquished the responsibility of dog licensing
function to local municipalities and eliminated the Animal Population
Control Fund. Local municipalities will now be required to adopt legislation
relating to this issue.
As used in this article, the following terms shall have the
meanings indicated:
The delivery to any natural person 18 years of age or older,
for the purpose of harboring a dog, seized or surrendered, from the
Town's animal shelter.
Any individual appointed by the Town Board to assist in the
enforcement of this article.
The Town Clerk, or Deputy Town Clerk, of the Town of Monroe,
where licenses are to be validated or issued.
Any 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.
Any member of the species canis familiaris.
The act by the Town of Monroe of determining the number of
dogs in the Town of Monroe which are owned by an owner who is a resident
of the Town of Monroe. An enumeration shall be conducted by the Clerk
with the consent of the Town Board.
Any dog that is trained to aid the Animal/Dog Control Officer
in the control of geese within the boundaries of the Town.
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred.
To provide food or shelter to any dog.
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the State of New York during the period
such dog is being trained or bred for such training.
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
Town of Monroe, including incorporated areas.
Any person who harbors or keeps any dog.
Any person with a disability as that term is defined in Subdivision
22 of § 292 of the New York State Executive Law.
Any dog owned or harbored by any municipality 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.
Any resident of the Town age 65 or older.
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the State of New York
during the period such dog is being trained or bred for such purpose.
Any dog which has been honorably discharged from the United
States Armed Services.
Any dog that is trained to aid in the search for missing
persons and is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
A.
Licensing of dogs.
(1)
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for
any dog under the age of four months that is not at large. A license
shall be renewed after a period of one year beginning with the first
day of the month following the date of issuance. Renewal shall be
for a minimum of one year and shall not exceed three years, based
on the validation term of the rabies vaccination.
(2)
Application for a dog license shall be made to the Clerk.
(3)
The application shall state the sex, actual or approximate year of
birth, breed, color(s), and official identification number of the
dog, and other identification markers, if any, and the name, address,
telephone number, county and Town of residence of owner.
(4)
The application shall be accompanied by a license fee as listed below
and a valid certificate of rabies vaccination or statement in lieu
thereof. In the case of a spayed or neutered dog, every application
shall also be accompanied by a certificate signed by a licensed veterinarian
showing that the dog has been spayed or neutered, provided such certificate
shall not be required if the same as already on file with the Clerk.
(5)
Fees.
(a)
The fees for a dog license effective October 1, 2020 shall be
as follows:
|
1-year license for spayed or neutered dogs:
|
$15
|
|
Plus, a state surcharge of
|
$1
|
|
Total license fee:
|
$16
|
|
*Option 3-year license for spayed or neutered dogs:
|
$40
|
|
Plus, a state surcharge of
|
$3
|
|
Total license fee:
|
$43
|
|
1-year license for unspayed or unneutered dogs:
|
$25
|
|
Plus, a state surcharge of
|
$3
|
|
Total license fee:
|
$28
|
|
*Option 3-year license for unspayed or unneutered dogs:
|
$65
|
|
Plus, a state surcharge of
|
$9
|
|
Total license fee:
|
$74
|
|
*Please note to apply for a 3 year license the rabies certificate
must cover the 3-year license period.
| |
|
Seniors over 65 dog license fees:
| |
|
1-year license for spayed or neutered dogs:
|
$2
|
|
Plus, a state surcharge of
|
$1
|
|
Total license fee:
|
$3
|
|
*Option 3-year license for spayed or neutered dogs:
|
$6
|
|
Plus, a state surcharge of
|
$3
|
|
Total license fee:
|
$9
|
|
1-year license for unspayed or unneutered dogs:
|
$5
|
|
Plus, a state surcharge of
|
$3
|
|
Total license fee:
|
$8
|
|
*Option 3-year license for unspayed or unneutered dogs:
|
$15
|
|
Plus, a state surcharge of
|
$9
|
|
Total license fee:
|
$24
|
|
*Please note to apply for a three-year license the rabies certificate
must cover the three-year license period.
| |
|
*Late fee: Any dog license renewed after 60 days of due date
will have a $5 late fee applied to license renewal.
| |
(b)
There shall be no fee charged for the license issued for any
detection dog, geese dog, guide dog, hearing dog, police work dog,
service dog, therapy dog, war dog or working search dog. *The local
fee of $15 for spayed/neutered dogs, and the local fee of $25 for
unspayed/unneutered dogs will be waived for military veterans. State
fee still applies.
(6)
Upon validation by the Clerk, the application shall become a license
for the dog describing therein. Once an application has been validated,
no refund shall be made.
(7)
The Clerk shall provide a copy of the license to the owner and retain
a record of the license in either paper or electronic format.
(8)
No license shall be transferrable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog. The original issued identification tag shall
remain the same for the life of the dog.
(9)
No dog can be adopted out of the Town's animal shelter without first
obtaining a license from the Clerk.
B.
Purebred licenses. There will not be distinct purebred licenses as previously provided for by the state. Any and all existing purebred licenses will now be required to comply with § 18-13A of this article.
C.
Rabies vaccination. The Clerk, at the time of issuing any license
pursuant to this article, shall require the applicant to present a
statement certified by a licensed veterinarian showing that the dog
or dogs have been vaccinated to prevent rabies or, in lieu thereof,
a statement certified by a licensed veterinarian stating that because
of age or other reason, the life of the dog or dogs would be endangered
by the administration of vaccine. The Clerk shall make or cause to
be made from such statement a record of such information and file
such record with a copy of the license.
D.
Enumeration. In addition to other applicable fees, any person applying
for a dog license for a dog identified as unlicensed during an enumeration
shall pay a fee of $10. Such additional fee shall be used to pay the
expenses incurred by the Town in conducting the enumeration. In the
event the additional fees collected exceed the expenses incurred by
the Town in conducting an enumeration in any year, such excess fees
may be used by the Town for any other lawful purpose.
[Amended 5-13-2023]
A.
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, a permanent official identification number. Such
identification number shall be carried by the dog on an identification
tag which shall be affixed to a collar on the dog at all times.
B.
The official 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.
C.
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no charge. Any replacement tag shall
be obtained by the owner at his expense at a fee of $3.
D.
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number has
been assigned.
E.
The identification tag shall be imprinted with the "Town of Monroe,"
a unique identification number, and the telephone number of the Town
Clerk's office.
A.
In the event of a change in ownership of any dog which has been assigned
an official identification number or in the address of the owner of
record of any such dog, the owner of record shall, within 10 days
of such change, notify the Clerk.
B.
If any dog which has been assigned an official identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Clerk.
C.
In the case of a dog's death, the owner of record shall so notify
the Clerk either prior to renewal of license or upon the time of such
renewal.
