[HISTORY: Adopted by the Town Board of the Town of Onondaga
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 163.
[Adopted 4-7-1980 by L.L. No. 2-1980]
It is the purpose of this article to protect the health, safety
and general welfare of the inhabitants of the Town of Onondaga by
regulating the actions and behavior of dogs in the Town of Onondaga,
New York, so as to afford consistent protection of the rights and
privileges of dogs or the owners thereof and the rights and privileges
of other citizens in the Town of Onondaga, New York. This article
is enacted pursuant to Article 7 of the Agriculture and Markets Law
of the State of New York and is enacted for the purpose of supplementing
the provisions contained in said law.
A.
Unless the context otherwise indicates, the terms, phrases and words
used in this article shall have the same meaning as those defined
in § 108 of the Agriculture and Markets Law.
B.
ADOPTION
AT LARGE
(1)
(2)
(3)
(4)
DETECTION DOG
DOG
DOG CONTROL OFFICER
GUIDE DOG
HARBOR
HEARING DOG
IDENTIFICATION TAG
IDENTIFIED DOG
OFFICIAL IDENTIFICATION NUMBER
OWNER
OWNER OF RECORD
PERSON
PERSON WITH A DISABILITY
POLICE WORK DOG
RECOGNIZED REGISTRY ASSOCIATION
SERVICE DOG
THERAPY DOG
TOWN CLERK
WAR DOG
WORKING SEARCH DOG
As used in this article, the following terms shall have the meanings
indicated:
[Amended 5-21-1984 by L.L. No. 2-1984; 8-20-2001 by L.L. No. 10-2001; 6-20-2005 by L.L. No. 1-2005; 12-6-2010 by L.L. No. 10-2010
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog, seized or
surrendered.
Standing, running, walking or otherwise roaming about without
being restricted or restrained by a leash, rope, cord or chain attached
to a fixed, immovable object or held by a person of sufficient size,
strength and ability to effectively control and restrict the movements
of such dog. No dog shall be deemed to be at large if it is:
Upon property owned or leased by the owner or other person having
custody of the dog;
Upon property owned or leased by any other person with the consent
of such person;
A guide dog actually leading a blind person; or
Accompanied by and under the control of its owner or other responsible
person and actively engaged in hunting during hunting season or training
for hunting on unposted land or on posted land with the permission
of the owner of the land.
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, explosive, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
Any member of the species canis familiaris.
Any individual appointed by the Town of Onondaga to assist
in the enforcement of this article and Article 7 of the New York State
Agriculture and Markets Law or any authorized officer, agent or employee
of an incorporated humane society or similar incorporated dog protective
association under contract with the Town of Onondaga to assist in
the enforcement of this article.
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 with the state during the period
such dog is being trained or bred for such purpose.
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 during the period such dog
is being trained or bred for such purpose.
A tag which sets forth an official identification number,
as required by the provisions of this article.
Any dog carrying an identification tag, as provided in Article
7 of the Agriculture and Markets Law.
A series or combination of letters, numbers or symbols approved
and furnished by the Town of Onondaga.
Any person who keeps, harbors, or is in lawful custody, of
any dog.
The person in whose name any dog was last licensed pursuant
to this article and/or Article 7 of the Agriculture and Markets Law,
except that if any license is issued on application of a person under
18 years of age, the owner of record shall be deemed to be the parent
or guardian of such person.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the Executive Law.
Any dog owned or harbored by any state or municipal 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.
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keeps such records as
may be required by the Commissioner of the Department of Agriculture
and Markets.
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 during the
period such dog is being trained or bred for such purpose.
Town of Onondaga Town Clerk.
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, is actually used for such purpose and is registered with
the Department of Agriculture and Markets; provided, however, that
such services are rendered by said dog without charge or fee.
A.
It shall be unlawful for the owner of any dog to permit or allow
it to run at large within the Town of Onondaga. The fact that a dog
is at large shall be presumptive evidence that the owner permitted
or allowed said dog to run at large in violation of this article.
B.
Barking and other noise.
[Amended 5-21-1984 by L.L. No. 2-1984]
(1)
It shall be unlawful for the owner of any dog to permit or allow
said dog to bark, yelp, howl, cry or emit any other unreasonable noise
for a continuous period of time so that such unreasonable noise causes
or creates the risk of inconvenience, annoyance or alarm to the public
or to others in the neighborhood, after first having had notice that
said dog was making such unreasonable noise and failed to stop or
prevent the same or made such unreasonable noise on a prior occasion.
(2)
An owner shall be deemed to have received notice under Subsection B(1) herein when he or she has been advised by a Town official or any police or peace officer that said dog has barked, yelped, howled, cried or emitted any other unreasonable noise for a continuous period of time so that such unreasonable noise has caused or created the risk of inconvenience, annoyance or alarm to the public or to others in the neighborhood, or when he or she has been previously charged with a violation of this Subsection B.
[Amended 5-21-1984 by L.L. No. 2-1984]
Any violation of this article shall be an offense punishable,
upon conviction thereof, for the first offense by a fine of not more
than $50 or imprisonment for not more than 15 days, or both, and for
each subsequent offense committed within 30 days of the first offense,
by a fine of not less than $50 or imprisonment for not more than 15
days, or both. This article shall be enforced by the Dog Control Officer
or Codes Enforcement Officer of the Town of Onondaga or by any police
officer or peace officer; said officers are hereby authorized to issue
and serve an appearance ticket with respect to any violation thereof;
said enforcement shall be undertaken upon a written complaint signed
by the person making the complaint and filed with the officer and
other appropriate authorities or upon the officer's personal
observation of any violation.
A.
The dog control officer of the Town of Onondaga shall seize any dog
running at large in violation of this article. Such seizure shall
be carried out in addition to the commencement of proceedings to prosecute
violations of this article.
B.
Notice of the seizure of any identified dog shall be given in the
manner required by § 118 of the Agriculture and Markets
Law.
C.
Each dog seized in accordance with the provisions of this article
shall be impounded for the period of time and in the manner prescribed
by § 118 of the Agriculture and Markets Law.
D.
The owner of a seized dog shall pay a fee to the Town Clerk. The
amount of such fee shall be established from time to time by resolution
of the Town Board. In addition to the foregoing fees, the owner shall
pay a fee, to be established by the Town Board, for each day or part
thereof that the seized dog is boarded at facilities owned or operated
by the Town of Onondaga and shall pay an amount equal to any fees
paid by the Town to the Society for the Prevention of Cruelty to Animals
or similar organization for boarding and related services provided
by said organization. All of the foregoing fees shall be paid in addition
to any penalty imposed for a violation of this article.
[Amended 8-3-1981 by L.L. No. 5-1981; 10-2-2006 by L.L. No. 4-2006]
[Added 10-20-1980 by L.L. No. 12-1980; amended 12-6-1982 by L.L. No.
5-1982; 12-6-2010 by L.L. No. 10-2010]
A.
Licensing of dogs.
(1)
The owner of any dog reaching the age of four months shall immediately
make application to the Town Clerk for a dog license pursuant to Article
7 of the Agriculture and Markets Law.
(2)
The application shall state the sex, age, breed, color, official
identification number, and identification marks, if any, of the dog
and the name, address and telephone number of the owner.
(3)
The application shall be accompanied by a fee, as set forth in § 66-7 of this article, and a current certificate of rabies vaccination or statement in lieu thereof, as required by Article 7 of the Agriculture and Markets Law. An application for a spayed or neutered dog shall be accompanied by either a certificate, executed by a licensed veterinarian, or an affidavit by the owner, verifying that such dog has been spayed or neutered; a certificate or affidavit shall not be required if the same is already on file with the Town Clerk. In lieu thereof, an owner may submit a statement, certified by a licensed veterinarian, verifying that an examination of the dog reveals that spaying or neutering will endanger the life of the dog. In such a circumstance, the license fee for the dog shall be the same as for a spayed or neutered dog, as set forth in Article 7 of the Agriculture and Markets Law.
(4)
Upon validation by the Town Clerk, no licensing fee shall be refunded,
prorated or waived. No license fee is refundable, or partially refundable,
in the event the dog is lost, stolen, sold, given away, surrendered
or deceased before the expiration of the license.
(5)
The Town Clerk shall provide a copy of the license to the owner.
If the application or renewal for a dog license is made by mail, the
owner shall provide a stamped, self-addressed envelope for that purpose.
(6)
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license.
(7)
Licenses shall be issued for a period of one year and shall expire
on the last day of the month one year from the date of issue, unless
the owner presents a certificate of rabies vaccination for a duration
longer than a one-year period. In such cases, the owner may elect
to have the license expire on the last day of the month the license
was obtained in the same year as the rabies vaccination expires. Under
no circumstances, however, may a license exceed a three-year period.
Multiple-year licenses shall be charged a fee for each year of the
license term. Renewing early or late does not change the renewal month.
B.
Purebred licenses.
(1)
In lieu of or in addition to the individual license required by this
article, the owner of one or more purebred dogs registered by a recognized
registry association may annually apply to the Town Clerk for a purebred
license. A purebred license shall be valid for a period of one year,
commencing on the first day of the month following the date of issuance,
and shall be renewable annually thereafter prior to the expiration
date.
(2)
The application shall state the sex, age, breed, registry name and
number of each purebred registered dog over the age of four months
which is harbored on the premises; the sex and breed of each purebred
dog over the age of four months which is harbored on the premises
and eligible for registration; and the name, address and telephone
number of the owner. The application shall include a statement by
the owner that all purebred dogs over the age of four months which
are harbored on the premises have been listed.
(3)
The application shall be accompanied by the license fee, as set forth in § 66-7 of this article.
(4)
Upon receipt of the foregoing items, the Town Clerk shall assign
a license number, which shall be reserved for the sole use of the
named owner, and shall issue a purebred license, a copy of which shall
be provided to the owner. Purebred license fees shall not be prorated
or waived. No purebred license fee is refundable, or partially refundable,
in the event the dog is lost, stolen, sold, given away, surrendered
or deceased before the expiration of the license.
C.
Relocation/relicensing.
(1)
The owner of any dog that is currently licensed in another municipality,
must, upon harboring such dog in the Town of Onondaga, obtain a Town
of Onondaga dog license within 30 days.
(2)
Any dog adopted or redeemed from an animal shelter must be licensed
in the Town of Onondaga prior to being released from such shelter.
D.
Vaccination. The Town Clerk shall require the applicant to present
a statement certified by a licensed veterinarian showing that the
dog has been vaccinated to prevent rabies or, in lieu thereof, a statement
certified by a licensed veterinarian stating that the administration
of vaccine will endanger the life of the dog. The Town Clerk shall
make, or cause to be made from such statement, a record of such information
and shall file such record with a copy of the license."
[Added 12-6-2010 by L.L. No. 10-2010]
A.
A fee schedule shall be established by resolution of the Town Board
of the Town of Onondaga and is available in the office of the Town
Clerk. Such fee schedule may thereafter be amended from time to time
by resolution of the Town Board. Fees shall be charged and collected
prior to the issuance of a license.
B.
There shall be no fee for any license issued for any guide dog, hearing
dog, service dog, war dog, working search dog, detection dog, police
work dog, or therapy dog. Each copy of any license for such dogs shall
be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog,"
"War Dog," "Working Search Dog," "Detection Dog," "Police Work Dog,"
or "Therapy Dog," as is appropriate, by the Town Clerk.
C.
An additional fee, established and amended from time to time by resolution
of the Town Board and on file with the Town Clerk, shall be imposed
when a dog is identified as unlicensed during an enumeration period.
Such additional fee shall be the property of the Town of Onondaga
and shall be used to pay the expenses incurred by the Town of Onondaga
in conducting the enumeration. In the event the additional fees collected
exceed the expenses incurred by the Town of Onondaga in conducting
an enumeration in any year, such excess fees may be used to enforce
this article.
D.
In accordance with Article 7 of the Agriculture and Markets Law,
each applicant for a dog license shall pay a surcharge, which shall
be remitted to the Department of Agriculture and Markets for deposit
into the animal population control fund. The amount of such surcharge
shall be established and amended from time to time by resolution of
the Town Board and shall be on file in the office of the Town Clerk.
Pursuant to Article 7 of the Agriculture and Markets Law, guide dogs,
hearing dogs, service dogs, war dogs, working search dogs, detection
dogs, police work dogs, and therapy dogs are not exempt from the surcharge
set forth herein.
E.
On or before the fifth day of each month, the Town Clerk shall remit
all license fees to the Town Supervisor.
[Added 12-6-2010 by L.L. No. 10-2010]
A.
Each dog licensed pursuant to this article shall be assigned, at
the time of first licensing, a permanent official identification number
which shall be featured on an identification tag affixed to a collar
on the dog at all times, provided that a dog participating in a dog
show shall be exempt from this requirement during such participation.
B.
The official identification number shall constitute the official
identification of the dog to which it is assigned, regardless of changes
in 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. Should an official Town of
Onondaga dog identification tag be lost, a new tag will be issued
at a fee prescribed by the Town Board of the Town of Onondaga.
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 is
assigned.
E.
The size, shape and form of imprints on identification tags shall
be prescribed by resolution of the Town Board of Town of Onondaga.
Any tag bearing an imprint other than that prescribed shall not constitute
valid identification for purposes of this article.
F.
Fees received pursuant to this section shall be remitted by the Town
Clerk to the Town Supervisor by the fifth day of each month.
[Added 12-6-2010 by L.L. No. 10-2010]
A.
In the event of a change in the ownership of any dog which has been
assigned an official identification number by the Town Clerk, or a
change 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 Town
Clerk of such change. Such owner or record shall be liable for any
violation of this article until such notification is made or until
the dog is licensed in the name of the new owner.
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 Town Clerk of such loss
or theft. In the case of a loss or theft, the owner of record of any
such dog shall not be liable for any violation of Article 7 of the
Agriculture and Markets Law committed after notifying the Town Clerk.
C.
In the case of a dog's death, the owner of record shall so notify the Town Clerk, in writing, either prior to renewal of licensure or upon the time of such renewal as set forth in § 66-7 of this article. Failure to so notify the Town Clerk shall constitute a violation and the owner of record shall be held liable.
[Added 12-6-2010 by L.L. No. 10-2010]
A.
The owner of any dog impounded by the Town of Onondaga 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 and pays
a fee, the amount of which shall be established and amended from time
to time by resolution of the Town Board and is on file with the Town
Clerk's office.
B.
As the property of the Town of Onondaga, after receipt, all impoundment
fees shall be remitted by the Town Clerk to the Town Supervisor on
or before the fifth day of each month.
[Added 12-6-2010 by L.L. No. 10-2010]
A.
It shall be punishable, as set forth in Subsection B herein, for:
(1)
Any owner to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required by this
article;
(3)
Any person to knowingly affix to any dog any false or improper identification
tag or special identification tag;
(4)
Any person to furnish any false or misleading information on any
form required to be filed with the Town pursuant to the provisions
of this article or the rules and regulations promulgated thereto;
and
B.
It shall be the duty of the dog control office of the Town of Onondaga
to bring an action against any person who has committed, within the
Town of Onondaga, any violation of the provisions of this article.
The Town of Onondaga may elect to either prosecute such action as
a violation under the Penal Law or commence an action to recover a
civil penalty. A violation of this article shall be punishable, subject
to such an election, either:
(1)
Where prosecuted pursuant to the Penal Law, by a fine of not less
than $25, except that:
(a)
Where the person was found to have violated this article within
the preceding five years, the fine may not be less than $50; and
(b)
Where the person was found to have committed two or more violations
within the preceding five years, it shall be punishable by a fine
of not less than $100 or imprisonment for not more than 15 days, or
both; or
(2)
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $25, except that:
C.
Each day that failure continues shall constitute a separate violation.
