[HISTORY: Adopted by the Town Board of the Town of Oneonta
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2010 by L.L. No. 2-2010[1]]
[1]
Editor's Note: This local law, in adopting Art. I, amended
in its entirety former Ch. 24, Dogs, consisting of Art. I, General
Provisions, adopted 8-13-1980, as amended, and Art. II, Fees, adopted
12-11-1991 by L.L. No. 3-1991, as amended.
This article shall be known and may be cited as the "Dog Licensing
and Control Law of the Town of Oneonta, New York."
The purpose of this article is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of personal property, domestic animals
and deer from dog attack and damage and to preserve the public health,
safety and welfare by enforcing regulations and restrictions on the
activities of dogs that are consistent with the rights and privileges
of citizens of the Town.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law, as amended by Part T of Chapter
59 of the Laws of 2010, and the Municipal Home Rule Law of the State
of New York, and as may be subsequently amended and supplemented.
All words, terms or phrases used herein shall have the meanings
indicated below or as defined in the Agriculture and Markets Law.
If no specific definition is set forth, all words shall have their
usual and customary meaning in the English language. Words used in
the present tense include the future, and the plural includes the
singular. The word "shall" is intended to be mandatory.
A weatherproof, four-sided, roofed structure of sufficient
size to allow the dog for which it is provided to lie down, stand
up, and turn around inside it, but sufficiently small to allow the
dog to conserve body heat during cold weather. It shall be constructed
so that any metal parts, except nail and/or screw heads and similar
small parts, shall not come into contact with the dog while it is
inside the structure. Each dog shall have its own individual shelter.
A vehicle shall not be considered adequate shelter, except when the
dog is actually being transported in such vehicle (pursuant to the
provisions of Article 26 § 353-b[1]).
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 for hunting on unposted land or on posted land with the
permission of the owner of the land.
The Town Clerk, or Deputy Town Clerk, of the Town of Oneonta
or his or her agent.
Any member of the species canis familiaris.
Any individual appointed by the Town Board to enforce this
article.
An activity which occurs in repeated intervals of at least
five minutes with less than two minutes of interruption.
To provide food or shelter to any dog.
A tag issued by the Clerk that sets forth an identification
number, as required by the provisions of this article.
A dog carrying an identification tag as provided in this
article.
Any person who harbors or keeps any dog. In the event any
dog found in violation of this article shall be owned by a person
under 18 years of age, the "owner" shall be deemed to be the parent
or guardian of such person or the head of the household in which said
person resides.
Any resident of the Town age 65 or older.
The Town of Oneonta.
[1]
Editor's Note: See Agriculture and Markets Law.
A.
License application.
(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 or that
is residing in a pound or shelter maintained by or under contract
or agreement with the state or any county, city, town or village,
any duly incorporated society for the prevention of cruelty to animals,
duly incorporated humane society or duly incorporated dog protective
society.
(2)
Application for a dog license shall be made to the Clerk and shall
be accompanied by the appropriate license fee, as established by Town
Board resolution.
(3)
The application shall state the sex, actual or approximate year of
birth, breed, color(s), and municipal identification number of the
dog, and other identification marks, if any, and the name, address,
telephone number, county and town of residence of the owner, and such
other information as deemed necessary by the Clerk.
(4)
In the case of a spayed or neutered dog, every application shall
be accompanied by a certificate signed by a licensed veterinarian
showing that the dog has been spayed or neutered, provided that such
certificate shall not be required if the same is already on file with
the Clerk.
(5)
The application shall be accompanied by 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.
B.
License fees.
(1)
Dog license fees for the following license types shall be established
by Town Board resolution: (See the Town of Oneonta Fee Schedule.[1])
(a)
Unspayed/unneutered dog; unspayed/unneutered dog for senior
resident.
(b)
Spayed/neutered dog; spayed/neutered dog for senior resident.
[1]
Editor's Note: The Fee Schedule is on file in the Town
offices.
(2)
Late charge. A late charge shall be established by Town Board resolution
for each thirty-day period after the expiration date of such license.
(3)
In addition to the license fee established in Subsection B(1) above, each applicant for a dog license shall pay a surcharge of at least $1 for each spayed or neutered dog, or a surcharge of at least $3 for each unspayed or unneutered dog, as set forth by Town Board resolution. The amounts collected through this surcharge shall be used for the purposes of carrying out animal population control efforts. Where the owner submits a statement certified by a licensed veterinarian stating that he or she has examined the dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering, such dog shall be treated as a spayed or neutered dog for purposes of this surcharge.
(4)
In addition to the license fee established in Subsection B(1) above, any person applying for a dog license for a dog identified as unlicensed during an enumeration shall pay an additional fee as established by Town Board resolution. Such additional fee shall be used to pay the expenses incurred by the Town in conducting the enumeration. In the event that 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.
(5)
Upon submission of proper documentation, there shall be no fee charged
for the license issued for any detection dog, guide dog, hearing dog,
police work dog, service dog, therapy dog, war dog or working search
dog, as defined in § 108 of Article 7 of the New York State
Agriculture and Markets Law. However, an identification tag will be
issued for these dogs.
(6)
Any dog owner 65 years of age or over may be entitled to pay a lower
annual license fee, as set forth by Town Board resolution.
C.
Upon validation by the Clerk, the application shall become a license
for the dog described therein. Once an application has been validated,
no refund shall be made
D.
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.
E.
Each license issued or renewed shall be valid for a period of one
year and shall expire on the last day of the last month of the period
for which it is issued. Renewal shall be for a minimum of one year
and shall not exceed three years, based on the validation term of
the rabies vaccination.
F.
No license shall be transferable. 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.
G.
No person shall adopt a dog from the Town's animal shelter without
first obtaining a license from the Clerk.
H.
Purebred licenses. The Town shall not issue purebred or kennel licenses.
All dogs shall be licensed individually in accordance with the fees
stated above.
I.
Any dog harbored within the Town that is owned by a resident of New
York City or licensed by the City of New York, or which is owned by
a nonresident of New York State and licensed by a jurisdiction outside
the State of New York, shall for a period of 30 days be exempt from
the licensing and identification provisions of article.
A.
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, a permanent municipal identification number. Such
identification number shall be carried by the dog on an identification
tag that shall be affixed to a collar on the dog at all times.
B.
The 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. Replacement tag fees are
set forth by Town Board resolution.
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 words "Town of
Oneonta" and "State of New York," a unique identification number,
and the telephone number of the Clerk's office.
In accordance with the provisions of § 112 of the
Agriculture and Markets Law:
A.
In the event of a change in ownership of any dog that has been assigned
an 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 that has been assigned a municipal 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.
In accordance with § 117 of the Agriculture and Markets
Law:
A.
The Dog Control Officer shall seize:
(1)
Any dog that is not licensed, whether on or off the owner's
premises.
(2)
Any licensed dog that is not in the control of its owner or custodian
or not on the premises of the dog's owner or custodian, if there
is probable cause to believe the dog is dangerous.
(3)
Any dog that poses an immediate threat to the public safety.
B.
The Dog Control Officer, when acting pursuant to his or her special
duties, shall make and maintain a complete record of any seizure and
subsequent disposition of any dog. Such record shall include, but
not be limited to, a description of the dog, the date and hour of
seizure, the municipal identification number of such dog (if any),
the location where seized, the reason for the seizure and the owner's
name and address, if known.
C.
Each dog seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered for the redemption period
as hereinafter provided.
D.
Each dog that is not identified, whether or not licensed, shall be
held for a period of five days after the day seized, during which
period the dog may be redeemed by its owner, provided that such owner
produces proof that the dog is currently licensed, and further that
the owner has paid the appropriate impoundment fees, as established
by Town Board resolution and periodically reviewed and changed when
deemed necessary.
(1)
See Town of Oneonta Fee Schedule[1] for:
(a)
First impoundment of any dog owned by that person;
(b)
Second impoundment, within one year of the first impoundment,
of any dog owned by that person; and
(c)
Third and subsequent impoundments, within one year of the first
impoundment, of any dog owned by that person.
[1]
Editor's Note: The Fee Schedule is on file in the Town
offices.
(2)
If, upon redemption, any dog received a rabies vaccination, the charge
for such vaccination shall be added to impoundment fees.
E.
If, at the end of the appropriate redemption period, said dog has
not been redeemed by its owner, the owner shall forfeit all title
to the dog and it shall be available for adoption; or euthanized pursuant
to the provisions of § 118 of the Agriculture and Market
Law; or be released to an authorized humane society or shelter.
F.
Prior to releasing a dog to its owner or adopting out a dog, the
Clerk shall determine the number of days the dog has been in the shelter
and the costs for any veterinary care, which the owner shall pay to
the Clerk, together with the impoundment fees and any licensing fees,
at which time such dog may be released to owner.
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A.
Run at large unless the dog is accompanied by its owner or a responsible
person and under the full control of such owner or person. For the
purpose of this article, a dog or dogs hunting in the company of a
hunter or hunters shall be considered as accompanied by its owner.
B.
Engage in habitual and loud howling, barking, crying or whining or
conduct as to unreasonably and habitually disturb the comfort of any
person other than the owner of such dog.
C.
Uproot, dig, or otherwise damage any vegetables, lawns, flowers,
garden beds, or other property without the consent or approval of
the owner of such property.
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.
F.
Create a nuisance by defecating, urinating or digging on public property
or on private property without the consent or approval of the owner
of such property. Any person who is the owner, keeper, harborer, person
in charge of or person walking a dog within the Town of Oneonta shall
immediately pick up any feces expelled by such dog on any property,
the owner of which has not given permission therefore, and deposit
it in a container lawfully used for the disposal of refuse. In no
event shall any feces be deposited in sewers or drains, whether storm
or sanitary.
G.
It shall be a violation for any owner to confine, restrain, or otherwise
leave any dog unattended outdoors without adequate shelter for more
than one hour, or to allow any other person to do so.
H.
It shall be unlawful for any person to interfere with, hinder, molest
or abuse any Dog Control Officer, Health Officer or other official
in the performance of their duties under this article.
A.
Penalties for violation of this article shall be prescribed in § 119
of the Agriculture and Market Law of the State of New York, as the
same may be amended from time to time hereafter. Any fines or penalties
imposed shall be the property of the Town.
B.
Any person violating any provision of this article or the Agriculture
and Markets Law, including the failure to license a dog, the failure
to have a dog properly identified or to knowingly affix to any dog
any false or improper identification tag or special identification
tag for identifying guide, service or hearing dogs, shall be subject
to a fine, which shall not be less than $25, except that:
