It appearing that dogs in the Town of Wheatland have, in some
instances, been allowed to cause annoyance and damage to the person
and properties of others, and it appearing further that dogs properly
cared for serve a useful purpose, the Town Board of the Town of Wheatland
enacts the following article to preserve the relationship between
a dog and his master and, at the same time, to protect the health,
safety and property of others from annoyance and damage caused by
dogs.
[Amended 2-4-2016 by L.L. No. 1-2016]
All words, terms or phrases used herein shall have the meanings
indicated below or as defined in the New York Agriculture and Markets
Law. If no specific definition is set forth, all words shall have
their usual and customary meaning in the English language. The word
"shall" is intended to be mandatory.
APPEARANCE TICKET
A written notice issued and subscribed by the Dog Control
Officer that directs a designated person to appear in a designated
local court at a stated future time.
AT LARGE
An unleashed dog off the premises of the dog's owner.
DANGEROUS DOG
In addition to the definitions set forth in Section 108,
Subdivision 24, of the New York Agriculture and Markets Law, a dog
shall be considered a dangerous dog and subject to the provisions
of Section 123, Subdivision 3 et seq. of the New York Agriculture
and Markets Law, if such dog, without justification, attacks a person,
dog, car, farm animal and/or companion animal (as defined under New
York State law) and causes physical injury or death to the same.
DETECTION DOG
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, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
DOG CONTROL OFFICER or DCO
A person or persons appointed by the Town for the purpose
of enforcement of this chapter and/or Article 7 of the New York Agriculture
and Markets Law.
DOGS
Male and female, licensed and unlicensed, members of the
species canis familiaris.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
that is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred for such training.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment
and that is actually used for such purpose, or any dog owned by a
recognized training center located within the State of New York during
the period such dog is being trained or bred for such training.
LEASHED or RESTRAINED BY A LEASH
A dog that is equipped with a collar to which is attached
a leash not more that eight feet long, both collar and leash to be
of sufficient strength to restrain the dog, which leash shall be held
by a person having the ability to control and restrain the dog.
OWNER
Includes any person who owns, keeps, harbors or has the care,
custody or control of a dog. Dogs owned by minors shall be deemed
to be in the care, custody and control of the minor's parents
or property owner where the minor resides.
POLICE WORK DOG
Any dog owned or harbored by any municipal police department
and/or any state or federal law enforcement agency which has been
trained to aid law enforcement officers.
SERVICE DOG
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.
THERAPY DOG
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and that is actually used for such purpose, or any
dog owned by a recognized training center located within the State
of New York during the period such dog is being trained or bred for
such purpose.
WAR DOG
Any dog which has been honorably discharged from the United
States Armed Services.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons and that is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
It shall be unlawful for any owner of or any person harboring
any dog to permit or allow such dog while in the Town of Wheatland
to:
A. Run at large unless said dog is restrained by an adequate collar
and leash or unless accompanied by its owner or a responsible person
able to control the animal. For the purposes of this article, a dog
or dogs hunting in company with a hunter or hunters shall be considered
as accompanied by their owner, if the dog is under the control of
the hunter or hunting party.
B. Engage in habitual loud howling or barking or conduct itself in such
a manner so to habitually annoy any person. For purpose of this section,
a noise disturbance from a barking dog shall be defined as that created
by a dog barking continually for five minutes or intermittently for
10 minutes, unless provoked.
C. Cause damage or destruction to property or commit a nuisance upon
the premises of a person.
D. Chase or otherwise harass any person in such manner as reasonably
to cause intimidation or to put such person in a reasonable apprehension
of bodily harm or injury.
E. Habitually chase or bark at motor vehicles or bicycles.
F. Kill or injure any other dog, cat or other domestic or farm animal.
Restraints on dogs within a densely populated residential areas
shall be as follows:
A. The Dog Control Officer or the Town Board shall designate and publish
those residential areas of concentrated population where more restrictive
dog control measures are required. Such areas shall be published in
a newspaper circulated within the Town and shall be posted on the
Town bulletin board. Regulations shall be effective 10 days after
publication.
B. Any dog within these areas shall be kept confined or on a leash no
longer than eight feet except when on the owner's property or on the
private property of another person or persons with the knowledge and
consent of such person or persons:
C. The owner of any dog which is within the limits of the Hamlet of
Mumford, the Rolling Acres Subdivision and the Clearview Farms project
shall not permit his dog to bark, chew, cry, be vicious or playful
or defecate in such a way as to cause annoyance to the residents of
any such residential area or damage to their property; nor shall the
owner of a dog allow his dog to tip over trash cans or other devices
used to contain refuse. No owner shall permit the premises or enclosures
in which the dog is kept to be unsanitary or unclean.
It shall be unlawful for the owner or person harboring any female
dog to permit such dog to run at large when in heat, and such dog
shall be confined to the premises of such person during such period.
Any dog which violates §
43-3, §
43-4 or §
43-5 and which does not have a license shall be impounded and taken to such place as may be designated by the Town Board as a place of detention and shall there be properly fed and cared for at the expense of the Town until disposition thereof shall have been made in accordance with the provisions of this article.
[Amended 2-4-2016 by L.L. No. 1-2016]
Any person who violates or knowingly permits a violation of
this article shall be guilty of an offense and shall be subject to
a fine of not less than $50 for the first violation; except that where
the person was found to have violated this article within the preceding
five years, the fine may be not less than $100, and where the person
was found to have committed two or more such violations within the
preceding five years, it shall be punishable by a fine of not less
than $200 or imprisonment for not more than 15 days, or both. Each
separate offense shall constitute a separate additional violation.
In addition, a dog found to be dangerous may be ordered destroyed
at the discretion of the court.
The owner, possessor or harborer of any dog destroyed under
the provisions of this article shall not be entitled to any compensation,
and no action shall be maintainable thereafter to recover the value
of the dog.
All complaints made under any provision of this article by a
party or parties other than the Dog Control Officer must be in writing,
signed and sworn to before a Town Justice. Such complaints shall be
promptly heard and determined by the Town Justice after return notice
of such complaint is given to the owner of such dog in compliance
with the Justice Court Act of the State of New York.
The annual fee for each dog license issued pursuant to the Code
of the Town of Wheatland shall be as follows:
A. For each spayed or neutered dog: $9, of which $1 shall be remitted
to New York State.
B. For each unspayed or unneutered dog: $18, of which $3 shall be remitted
to New York State.
C. Fees will be reviewed annually and may be changed by resolution of
the Town Board.
[Amended 2-4-2016 by L.L. No. 1-2016]
A. The owner of each dog required to be licensed shall complete a dog
license application with the Town Clerk of the Town of Wheatland,
together with the applicable fees.
B. The dog license application shall state the name, sex, actual or
approximate age, breed, color and other identification marks of the
dog; the name, address and telephone number of the owner, together
with any additional information deemed appropriate by the Town Clerk.
C. The dog 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.
D. In the case of a spayed or neutered dog, the application shall be
accompanied by a certificate signed by a licensed veterinarian or
an affidavit signed by the owner, showing that the dog has been spayed
or neutered; provided, however, that such certificate or affidavit
shall not be required if the same is already on file with the Town.
In lieu of the foregoing certificate or affidavit, the application
may be accompanied by a statement by a licensed veterinarian that,
by reason of old age or other reason, the life.of the dog would be
endangered by spaying or neutering, in which case the license fee
for such dog shall be the same as for a spayed or neutered dog.
E. The Town of Wheatland will not issue purebred licenses.
F. Exempted from payment of the license fees are applications for a
dog license for any guide, hearing, service, war, working search,
detection, police or therapy dog. Proof of training must be shown.
G. Replacement tags shall be obtained by the owner at his or her expense
at a fee in such amount as the Town Board may, from time to time,
establish by resolution.
H. All fees collected will be used in funding the administration of
the Dog Control Code of the Town of Wheatland.
[Added 2-4-2016 by L.L. No. 1-2016]
A. Upon validation
by the Town Clerk, the application for a dog license shall become
a license for the dog described therein. Once an application is validated,
no refund .shall be made. Each license shall be valid for a period
of one year; shall expire on the last day of the last month of its
term; and shall be nontransferable.
B. Upon the
first issuance of a dog license, the Town Clerk shall issue an identification
number and provide the owner with a tag for such dog. One identification
tag shall be furnished to the owner of record at no charge.
C. The identification
tag shall be affixed to a collar, on the dog at all times, provided
that a dog participating in a dog show is exempt from such requirement,
during such participation.
D. The identification
tag shall be imprinted with the words "State of New York," "Town of
Wheatland," a unique identification number, and the telephone number
of the Town Clerk's office.
[Added 2-4-2016 by L.L. No. 1-2016]
A. The Animal
Control Officer or any law enforcement officer is hereby authorized
to seize any dog which is reported to have attacked or injured any
human being. Any such dog shall be confined for 10 days for the purpose
of .determining whether such dog is infected by rabies and, if so
affected, may be euthanized.
B. The owner
of such a dog shall, upon demand, deliver the dog to any officer authorized
to seize the same and shall, upon demand, pay the Town the cost of
confinement and treatment of the dog.
[Added 2-4-2016 by L.L. No. 1-2016]
Application for a dog park must be reviewed by the Town and
County Planning Boards and referred to the Town Board for approval.
[Added 11-21-2019 by L.L. No. 4-2019]
The keeping of animals in the Town of Wheatland, in some instances,
has caused annoyance and damage to the person and/or properties of
others. On the other hand, the keeping of properly cared for animals
serves a useful purpose. Therefore, the Town Board of the Town of
Wheatland enacts the following article to protect the health, safety
and property of all parties.
As used in this article, the following terms shall have the
meanings indicated:
ANIMAL HUSBANDRY
The raising or keeping of one or more cows, cattle, horses,
mules, hogs, sheep, goats, donkeys, oxen, or other similar animals,
or the raising or keeping of more than four animals or combination
of ducks, chickens, rabbits, geese, quail, chinchillas, mink, or any
similar small animals, excluding dogs and cats and household animals.
Such uses include the pasturing, feeding, and sheltering of such animals.
ANIMAL HUSBANDRY, COMMERCIAL
Animal husbandry, as defined herein, on a farm and incidental
to a farm use or as a stand-alone commercial enterprise located within
a state-certified Agriculture District.
ANIMAL HUSBANDRY, PRIVATE
Animal husbandry, as defined herein, for personal use of
the property owner, not for any commercial enterprise, and as an accessory
to the principal use.
APPEARANCE TICKET
A written notice issued and subscribed by a Code Enforcement
Officer of the Town of Wheatland that directs a designated person
to appear in a designated local court at a stated future time.
ASSOCIATED ACCESSORY STRUCTURE
This term includes but is not limited to coops, pens, pools and is meant to include a structure which houses an animal, and said structure is not the main structure on the parcel. The definition set forth in §
130-23 shall apply to this definition.
FARM ANIMALS
Farm animals shall include, but shall not be limited to,
free-range chickens (hens and roosters), goats, cattle, horses, donkeys,
mules, ponies, fowl, water fowl, peacocks, turkeys, swine, sheep,
lamas, alpacas, ostriches, and emus.
HOUSEHOLD ANIMAL (also called "a household pet")
A domesticated animal that is typically found in residential
dwellings and is not typically disruptive to the residential character
of an area: domesticated rabbits; hamsters; ferrets; gerbils; guinea
pigs; pet mice and pet rats; turtles; fish; dogs; cats; birds such
as canaries, parakeets, doves and parrots; worm/ant farms; nonpoisonous
spiders; chameleons and similar lizards; and nonpoisonous snakes.
OWNER
Any person who harbors or keeps any animal.
The following animals shall be allowed only on a parcel or contiguous
parcels of land in common ownership or lease, which in the aggregate
contain(s) two or more acres, and is occupied by one and only one
single-family detached dwelling or as part of commercial animal husbandry:
A. All members of the ovine (sheep), bovine (cows and cattle), Camelidae
(llamas, alpacas, camels), caprine (goats), equine (horses and ponies),
and swine (pigs and hogs) families, and any animals with hooves, either
single or split;
B. Emus, rheas, and ostriches; and
Domesticated chickens shall be allowed in the Town of Wheatland
subject to the requirements of this section. The minimum parcel size
to allow domesticated chickens shall be 1/2 acre and shall be limited
to single-family dwellings only. Property improved by townhouses,
mobile home parks, two-family or multifamily residences shall not
be permitted to harbor chickens. The following conditions shall apply:
A. Roosters are not permitted under this section.
B. Hens must be kept in an enclosure or fenced-in area at all times.
During daylight hours, hens may be allowed outside of their coop in
a securely fenced area. Hens shall be secured within the coop during
nighttime hours. No person shall allow his or her hens to run at large.
C. It shall be prohibited to raise domesticated chickens within RA,
VB, SCB, HC, LI, PC-NR or RP districts.
D. Processing of domesticated chickens for personal consumption within
public view is prohibited.
E. Domesticated chicken coops shall meet the setback requirements for
the zoning district. All coop plan elevations must be submitted as
part of the building permit application.
F. All shelters and conditions shall be appropriate for chickens, predator
resistant and subject to the Property Maintenance Code of NYS.
G. It shall be unlawful for any person to keep more than six hens.
H. Provisions shall be made to minimize and control rodents.
Failure to comply with these provisions shall be a violation,
which shall be punishable by a fine of not more than $200. Each day
that a violation continues shall be deemed a separate offense. The
Code Enforcement Officer and his or her designees are authorized to
issue appearance tickets for any violation of this article.
Any person aggrieved by the provisions of this chapter may seek a variance from the Town of Wheatland Zoning Board of Appeals pursuant to § 267-b of Town Law and/or §
130-66 of the Code of the Town of Wheatland.