The running of dogs at large and other uncontrolled behavior
of dogs has caused physical harm to persons and damage to property
within the Town of Barton. The purpose of this Part 1 is to protect
the health, safety and well-being of persons and to safeguard property
by imposing restrictions upon the keeping or running at large of dogs,
and by providing for the licensing and identification of dogs and
the control and protection of the dog population.
The title of this Part 1 shall be "Dog Control and Licensing
Law of the Town of Barton."
As used in this Part 1, the following terms shall have the meanings
indicated:
The administrative entity authorized by Subdivision 2 of
§ 117-a of the Agriculture and Markets Law to administer
the animal control fund and oversee spaying and neutering programs
pursuant to Article 7 of the Agriculture and Markets Law.
The delivery to any natural person 18 years or older, for
the limited purpose of harboring a pet, of any dog, seized or surrendered.
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog, unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is accompanied by and under the
immediate supervision and control of the owner or other responsible
person; a police work dog in use for police work; or accompanied by
its owner or other responsible person and is actively engaged in hunting
or training on unposted land or on posted land with the permission
of the owner of the land.
The Town Clerk of the Town of Barton.
Any dog or cat, or any domesticated animal normally maintained
in or near the household of the owner of the animal or the person
who cares for such domesticated animal. A companion animal shall not
include any domestic animal as defined in this Part 1.
Any member of the species canis familiaris.
The individual appointed by the Town of Barton to assist
in the enforcement of this Part 1, who may be in the employ of or
under contract with the Town of Barton.
Any domesticated animal raised under a license from the New
York State Department of Environmental Conservation, and any domesticated
sheep, horse, cattle, llama, goat, swine, fowl, duck, swan, turkey,
or confined domestic hare or rabbit.
Any person, business, corporation, or other entity formed
for the care, among other things, of dogs approved by the Town Board,
by resolution and/or contract to assist in the implementation of this
Part 1.
Any animal that is an ungulate (hoofed animal), poultry,
cattle, sheep, swine, goat, llama, horse, or a fur-bearing animal
raised for commercial or subsistence purpose, excluding cats and dogs.
To provide food or shelter to any dog.
Tag issued by the Town of Barton or other licensing municipality
upon the application for a dog license and payment of the license
fee.
Any dog carrying an identification tag with the identification
number assigned to that dog.
The first license issued to a dog by the State of New York
or any municipality.
Any person who harbors or keeps any dog is an owner of that
dog. In the event that any dog or person in violation of this Part
1 shall be of a dog owned by a person under 18 years of age, the owner
shall be deemed to be the parent(s) or guardian(s) of such person
or, if none, the head of the household in which said person under
the age of 18 resides.
Any person in whose name any dog was last licensed is the owner of record, except that if any license is issued on the application of a person under 18 years of age, the owner of record shall be deemed to be the parent(s) or guardian(s) of such person. If it cannot be determined in whose name any dog was last licensed, or if the owner of record has filed a statement as described in § 61-12 of this Part 1, the owner shall be deemed to be the owner of record of the dog, except that if that person is under 18 years of age, the owner of record shall be deemed to be the parent(s) or guardian(s) of such person.
A dog that is registered with a nationally recognized registry
association and that is a member of a kennel of at least one dog that
are all owned by one owner.
Any registry association that operates on a nationwide basis
and that issues numbered registration certificates and keeps such
records as may be required by the Commissioner of Agriculture.
The area within the corporate limits of the Town of Barton,
including the Village of Waverly.
The Town Board of the Town of Barton.
A dog that is not spayed or neutered.
The area within the corporate limits of the Village of Waverly.
