[HISTORY: Adopted by the Town Board of the Town of Moreau 2-22-2011 by L.L. No.
1-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
59, Dogs, adopted 11-9-2010 by L.L. No. 3-2010.
The Town Board of the Town of Moreau finds that the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs have caused physical harm to persons and damage to property and
have created nuisances within the Town. The purpose of this chapter
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 chapter is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law (as amended by L. 2010, c. 59,
Part T) and the Municipal Home Rule Law of the State of New York.
The title of this chapter shall be "Dog Control Law of the Town
of Moreau."
As used in this chapter, the following words shall have the
following respective meanings:
Male and female, licensed and unlicensed, members of the
species Canis famillaris.
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 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 the filing of any complaint charging a violation of this
chapter shall be held and deemed to be the owner of any dog found
to be in violation of this chapter.
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 Moreau.
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A.
Run at large. All dogs must be restrained by an adequate collar and
leash or fenced by visible or invisible fencing or confined. A dog
or dogs hunting in the company of a hunter or hunters does not constitute
running at large. A working dog, while actively engaged in agricultural
activity or purposes, shall not be considered to be running at large.
B.
Engage in habitual and loud howling, barking, crying or whining or
other conduct as to unreasonably and habitually disturb the comfort
or repose of any person other than the owner of 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. Uproot, dig, or otherwise damage any vegetables, lawns,
flowers, garden beds, or other property without the consent or approval
of the owner of said premises.
D.
Chase, jump upon or at, or otherwise harass any person in such manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm.
E.
Habitually chase, run alongside of or bark at 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.
A.
All dogs in the Town of Moreau must be licensed with the Town Clerk
by the age of four months and are required at the time of licensing
or the renewal of an existing license to present a current certificate
of rabies vaccination or, in lieu thereof, a statement certified by
a licensed veterinarian stating that because of old age or another
reason, the life of the dog or dogs would be endangered by the administration
of the vaccine.
B.
All dog licenses will be issued for a period of one year and will
expire at the end of the 12th month from the date of issue.
C.
License fees. The following dog license fees are established:
(1)
Individual dog license fee:
(a)
An annual fee of $5 for a spayed or neutered dog. (This fee
includes the assessment of a surcharge of $1 for the purpose of carrying
out animal population control.)
(b)
An annual fee of $13 for a unspayed or unneutered
dog. (This fee includes the assessment of a surcharge of $3 for the
purpose of carrying out animal population control.)
(2)
Fees for purebred dogs:
(a)
For one to 10 purebred dogs: an annual fee of $25.
(b)
For 11 to 25 purebred dogs: an annual fee of $50.
(c)
For 26 or more purebred dogs: an annual fee of $100.
(d)
In addition to the purebred dog license fees listed above, there
shall be assessed per dog a surcharge of $1 for spayed and neutered
dogs and a surcharge of $3 for unspayed and unneutered dogs licensed
as purebreds for the purpose of carrying out animal population control.
(3)
All dogs listed on a purebred license must be registered with a New-York-State-recognized
registry.
(4)
A license for any guide dog, service dog, hearing dog, detection
dog, war dog, working search dog, police dog and therapy dog is required,
but no license fee shall be charged.
(5)
Notwithstanding anything herein to the contrary, the Town Board may,
from time to time, by resolution, amend the foregoing fee schedule.
D.
The Town of Moreau shall contract with an animal shelter to license
dogs adopted or redeemed by residents of the Town of Moreau.
E.
All dog licenses may be purchased and obtained by visiting the office
of the Town Clerk or by regular mail. When licensing or renewing a
license by mail the appropriate fee must accompany the forms along
with proof of current rabies vaccination. Fees are nonrefundable.
F.
Fees for seizure of dogs. The fee for seizure and impoundment of
dogs in violation of this chapter or the laws of the New York State
Department of Agriculture and Markets Law shall be set forth in § 117
of the Agriculture and Markets Law.
Any dog found to be running at large in violation of § 117
of the Agriculture and Markets Law, whether licensed or unlicensed,
will be seized by the Dog Control Officer, and such dog shall be properly
fed and cared for until redeemed by the owner, adopted or disposed
of as provided by said § 117.
A Dog Control Officer designated by the Town Board, as provided
by § 113 of the Agriculture and Markets Law, may enforce
the provisions of this chapter and may also investigate and report
to the Town Justice any dangerous dog, as described in § 123
of the Agriculture and Markets Law, and see that the order or orders
of the Town Justice in such case are carried out.
In accordance with § 123 of the Agriculture and Markets
Law, 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 witnesses
an attack or threatened attack by a dog may file a signed complaint,
under oath, with a Town Justice of the Town of Moreau, specifying
the objectionable conduct of the dog, the date thereof, any damage
caused, a description of the dog and 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. If the summons is disregarded, the Justice may permit the filing
of an information and issue a warrant for the arrest of such person.
A violation of this chapter shall be deemed an offense against
this chapter, and any person convicted of such violation shall be
liable to penalties pursuant to § 118 of the Agriculture
and Markets Law.
Dogs impounded under the provisions of this chapter or under
the provisions set forth in the Agriculture and Markets Law shall
be held for a period of five days from the day seized, during which
period the dog may be redeemed by its owner, provided said owner produces
proof that the dog has been licensed and vaccinated against rabies
and pays the impoundment fees. After five days, the dog may be adopted
or euthanized at the shelter's discretion.
Should any section or provision of this chapter be deemed to
be unconstitutional or invalid by a Court of Law, such decision shall
not affect the validity of this chapter as a whole or any part thereof
other than the part so decided to be unconstitutional or invalid.
This chapter shall supersede all prior local laws, ordinances,
rules and regulations relative to the control of dogs within the Town
of Moreau, and they shall be, upon the effectiveness of this chapter,
null and void.
This chapter shall become effective upon filing with the Secretary
of State.
