This chapter, enacted pursuant to the provisions
of Article 7 of the Agriculture and Markets Law of New York State,
shall be known as the "Greece Dog Law."
As used in this chapter, the following terms
shall have the meanings indicated:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this chapter, as amended by
this chapter, and as amended thereafter.
ANIMAL CONTROL OFFICER
Any person authorized by the Town Board, Town of Greece,
from time to time, to enforce the provisions of this chapter or the
provisions of the Agriculture and Markets Law.
AT LARGE
An unleashed, unrestrained or uncontrolled dog off the premises
of the owner.
CONFINED
Kept on the owner's premises, either within a building, kennel
or other suitable enclosure (including a fenced-in area or an area
protected by a properly functioning electronic containment system)
or securely fastened on a chain, wire or other effective tether, of
such length, and so arranged, so that the dog cannot reach or endanger
any person on any adjacent premises or on any public street, way or
place or, if the dog is being transported by the owner, it is secured
in a cage or is restrained within an enclosed vehicle in a manner
consistent with the dog's safety and good health and so that it cannot
be expected to escape therefrom.
DOG
Any member of the species canis familiaris, both male and
female, licensed or unlicensed.
DOMESTIC ANIMAL
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer, whitetail deer which is raised under license from the Department
of Environmental Conservation, llama, goat, swine, fowl, duck, goose,
swan, turkey, confined domestic hare or rabbit, pheasant or other
bird which is raised in confinement under license from the State Department
of Environmental Conservation before release from captivity, except
that the varieties of fowl commonly used for cock fights shall not
be considered domestic animals for the purposes of this chapter.
EUTHANIZE
To bring about death by a humane method.
HARBOR
To provide food and/or shelter to any dog, or otherwise keep
or control.
IDENTIFIED DOG
Any dog carrying an identification tag affixed to its collar pursuant to §
89-11 of this chapter.
[Amended 12-21-2010 by L.L. No. 14-2010]
LEASHED
Restrained by a leash no greater than eight feet in length,
attached to a collar or harness of sufficient strength to restrain
the dog and which shall be held by a person having the ability to
control the dog at hand.
OWNER
The party named on the dog license, and/or any person, persons,
firm, association or corporation that has custody or control of, harbors,
cares for, or is otherwise responsible for any dog, licensed or unlicensed,
which is kept, confined, brought or comes within the Town. In the
event that any dog found to be in violation of this chapter shall
be owned, kept, harbored by, cared for, or in the custody of a minor,
the parent(s) or head of household in which said minor resides shall
be deemed to have custody and control of said dog and shall be responsible
for any acts of said dog and the violations of this chapter.
PERSON
Any person(s), individual(s), corporation, partnership, association
or other organized group of persons, municipality or other legal entity.
No person who owns, cares for, controls or harbors
a dog shall allow, permit or fail to prevent such dog from injuring
or killing any other dog, cat, farm animal, domestic animal or household
pet. Any expenses and/or damages caused by a dog under this section
shall be the sole responsibility of the owner of said dog and for
which the owner shall be liable for same.
No person who owns, cares for, controls or harbors
a dog shall allow, permit or fail to prevent such dog from damaging
or destroying another person's property. Any expenses and/or damages
caused by a dog under this section shall be the sole responsibility
of the owner of said dog and for which the owner shall be liable for
same.
No person who owns or harbors a dog shall allow,
permit or fail to prevent such dog from running at large with a pack
of other dogs or chasing deer, other animals or children.
No person who owns, cares for, keeps or harbors a dog shall allow, permit, neglect to restrain, neglect to confine or fail to prevent such dog from being at large in the Town of Greece, County of Monroe, New York, unless under the control of a leash not exceeding eight feet in length or less if need be or required to prevent such dog from entering upon the property of another, other than when on the premises of another with the knowledge, consent and approval of the owner of such premises or when hunting in the company and under the control of a hunter or hunters on property allowed to be hunted on with dogs and with said property owner’s consent. For additional provisions regarding hunting in the Town, see Chapter
108, Firearms and Fireworks.
[Amended 12-21-2010 by L.L. No. 14-2010]
A. No person
shall own, harbor or keep a dog in the Town of Greece unless said
dog has a current license and is currently rabies vaccinated in accordance
with Article 7 of the New York State Agriculture and Markets Law,
except any dog harbored within the Town of Greece which 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 from relocation to the Town of Greece, be exempt from the
licensing and identification provisions of this chapter.
B. Licensing
of dogs. All dogs within the Town of Greece four months of age or
older, unless otherwise exempted, shall be licensed. The owner of
each dog required to be licensed shall obtain, complete and return
to the Town Clerk a dog license application together with the license
application fee, any applicable license surcharges and such additional
fees as may be established by the Town Board by resolution. Each license
application shall be accompanied by proof that the dog has been vaccinated
against rabies or a statement from a licensed veterinarian that such
vaccination would endanger the dog’s life, in which case vaccination
shall not be required. Each license issued shall be valid for a period
of one year and shall not be transferable.
(1) Exempted
from the payment of the license fee are applications submitted for
a dog license for any guide, hearing, service, war, working, search,
detection, police or therapy dog.
(2) In
the event that the Town Clerk’s office is not open for business,
the Animal Control Officer shall be authorized to issue a license.
(3) Included
in the license fee established by the Greece Town Board is a minimum
New York State mandated surcharge of $1 if the dog to be licensed
is altered, or a minimum fee of $3 if the dog sought to be licensed
is unaltered.
C. In addition
to the license fee imposed by the Greece Town Board, each applicant
may be obligated to pay a surcharge, to be set by resolution by the
Greece Town Board, which shall be retained by the Town of Greece and
used to defray the cost of an enumeration of dogs living within the
Town of Greece and the cost of providing replacement identification
tags.
Any Animal Control Officer or other Town of Greece official charged with the enforcement of the provisions of this Code shall have the right to enter and inspect, at any reasonable hour, any home, building, structure, yard, enclosure, garage or other premises necessary for the enforcement of any provisions of this chapter, including, but not by way of limitation, dog seizure provisions under §
89-12 herein.
Any person who observes a dog in violation of
any section of this chapter may file a signed complaint, under oath,
with a Justice of the Town of Greece or with the Animal Control Officer
or any police officer, specifying the place(s) where the violation
occurred and the name and address of the dog owner, if known.
[Amended 12-21-2010 by L.L. No. 14-2010]
A violation of this chapter and of any of the
provisions hereunder shall be punishable by a fine of up to $500,
except that where the person was found to have violated the provisions
of this chapter within the preceding three years, the fine may be
up to $750, and where the person was found to have committed two or
more such violations within the preceding three years, it shall be
punishable by a fine of up to $1,000.
The dog license fee is as set forth in Subdivision
1 of § 110 of the Agriculture and Markets Law. In addition,
the local fees will be as established by the Greece Town Board from
time to time.