[HISTORY: Adopted by the Town Board of the
Town of Gates as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
[Adopted 11-4-1965; amended in its entirety 5-22-1967]
This article shall be known as the "Gates Dog
and Cat Ordinance."
A.
The purpose of this article shall be to preserve the
public peace and good order in the Town of Gates and to contribute
to the public welfare and good order of its people by enforcing certain
regulations and restrictions on the activities of dogs and cats that
are consistent with the rights and privileges of the owners of dogs
and cats and the rights and privileges of other citizens in the Town
of Gates.
B.
This article is adopted pursuant to the authority
of § 124 of the Agriculture and Markets Law of the State
of New York.
[Amended 9-7-1999 by L.L. No. 2-1999]
As used and intended in this chapter and for
the purposes hereof, unless the context otherwise indicates, the following
terms shall have the meanings indicated:
Male or female dogs and cats, either singular or plural.
As applied to an animal, shall designate and describe each
animal at all times when it is off the premises of its owner or is
on the premises of another without his consent and is not under the
visual and voice control of its owner.
As applied to an animal, shall mean that such animal is securely
confined or restrained and kept on the owner's premises, either within
a building, kennel or wire or other suitable enclosure or securely
fastened on a chain, wire or other effective tether of such length
and so arranged that the animal cannot reach or endanger any person
or any adjacent premises, or on any public street, way or place or,
if the animal is being transported by the owner, that it is securely
confined in a crate or other container or so restrained in a vehicle
that it cannot escape therefrom.
Enclosed, raised structure designed to shelter chickens from
predators and the weather.
[Added 5-3-2021 by L.L.
No. 4-2021]
Shall mean, designate and apply to any animal which, without
just cause, bites, attacks, chases or snaps at or otherwise threatens
to attack any person or attacks and wounds a dog or other domestic
animal or which displays any other fierce, vicious or dangerous propensities.
Domesticated and wild avians, specifically geese, ducks,
pigeons, or doves. Excluded are domestic pet store birds, such as
parakeets, canaries, parrots, or similar winged animals.
[Added 5-3-2021 by L.L.
No. 4-2021]
Female chicken. In this Code, the words "chicken" and "hen"
are used interchangeably.
[Added 5-3-2021 by L.L.
No. 4-2021]
Considered to be the party purchasing the license, unless
the dog is or has been lost and such loss has been reported to the
Gates Police and reasonable search has been made. If an animal 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 animal 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 article shall
be held and deemed to be the owner of such dog for the purpose of
this article. In the event any dog found to be in violation of this
article shall be owned by a minor, the head of the 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 violation
of this article.
As applied to an animal, shall describe, designate or apply
to:
Every animal which seriously and habitually
disturbs the peace and quiet of the neighborhood by barking or howling
or making other disturbing noises.
Every animal which habitually chases any persons
or bicycles, automobiles or other vehicles upon any public highway
or in any such public place.
Every animal which is a dangerous animal as
defined in the above definition of "dangerous," and every such animal
is hereby declared to be a public nuisance.
Male chicken. In this Code, the use of the word "chicken"
does not include roosters.
[Added 5-3-2021 by L.L.
No. 4-2021]
Outside enclosed area for chickens to roam and eat. Must
be fenced and covered to contain chickens and protect them from predators.
[Added 5-3-2021 by L.L.
No. 4-2021]
The area within the corporate limits of the Town of Gates.
The owner of every animal which is at any time
kept, brought or comes into the town will be held responsible for
the strict observance, by such animal and with respect to such animal,
of all the rules and regulations contained in this article at all
times when such animal is within the town.
[Added 10-1-1979; amended 12-2-1991 by L.L. No. 6-1991; 12-6-2010 by L.L. No. 5-2010]
A.
License application and fees.
(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 specified below.
(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 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. The fee for a dog license shall be as follows:
(1)
Spayed/neutered dog: $9 per year (includes state-mandated surcharge
of $3).
(2)
Unspayed/unneutered dog: $18 per year (includes state-mandated surcharge
of $1).
(3)
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 such terms are defined by the Agriculture and Markets Law.
(4)
Senior citizens will receive $4.00 off the dog licensing fee.
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.
A license shall be renewed after a period of one year beginning with
the first day of the month following the date of issuance. 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.
[Amended 5-3-2021 by L.L. No. 4-2021]
A.
The owner of every animal must effectively confine such animal at
all times during every period which such animal is in heat.
B.
Permit for dog breeding is required. The owner of a licensed dog,
who sells or offers more than six and no more than 25 dogs, born and
raised on their residential premises, per year, shall obtain a dog
breeding permit from the Dog Control Officer.
(1)
Permits are valid for one calendar year and must be renewed 30 days
prior to their expiration date. The Dog Control Officer shall consider
the effect on the character of the neighborhood when considering the
permit application.
(2)
An owner applying for a dog breeding license must have had no violations of Chapter 62 of the Gates Town Code during the 12 months prior to the application.
(3)
The permit may be revoked in the event that the homeowner is either convicted of two or more violations of Chapter 62 of the Gates Town Code, or exceeds the requirements of a customary home occupation as defined in § 190-5 of the Gates Town Code. Having a permit revoked is just cause to deny future breeding permit requests.
(4)
Owners who sell or offer no more than six dogs per year are not required
to obtain a dog breeding permit.
[Amended 12-6-2010 by L.L. No. 5-2010]
A.
It shall be unlawful to keep more than four animals, four months old or older, of which not more than two shall be either dogs or cats, on any premises, regardless of the number of owners, unless the provisions of Chapter 190, Zoning, in regard to kennels have been complied with, or as provided for in § 62-7B below.
B.
A homeowner may apply for a special use permit to retain more than
two dogs on his/her premises.
(1)
A homeowner owning more than two dogs may apply for a special use
permit from the Animal Control Officer. The Animal Control Officer
shall review applications for permission to retain more than two dogs
on a case-by-case basis. The Animal Control Officer shall consider
the effect on the character of the neighborhood in the event that
additional dogs are permitted to remain on the homeowner's premises.
(2)
A homeowner applying for a special use permit must have had no violations of Chapter 62 of the Gates Town Code during the 12 months prior to the application.
(3)
In the event that a permit is granted by the Animal Control Officer, the permit will terminate upon the death or removal from the homeowner's premises of any dog for whom the permit was issued. The permit may be revoked in the event that the homeowner is convicted of two violations of Chapter 62 of the Gates Town Code within any twelve-month period or if any dog owned by the homeowner is determined to be a dangerous dog pursuant to this chapter or the New York Agriculture and Markets Law.[1]
[1]
Editor's Note: Former Subsection B(4), regarding special use
permit fees, which immediately followed this subsection, was repealed 5-3-2021 by L.L. No. 4-2021.
No person who owns a dog, shall permit such
dog to be at large in the Town of Gates, Monroe County, New York,
unless on a leash not to exceed six feet in length, other than when
on the premises of the person owning, keeping, harboring or having
the custody and control of such dog or upon the premises of another
with the knowledge, consent and approval of the owner of said premises
or when hunting in the company and under the control of a hunter or
hunters.
It shall be unlawful for any animal determined
to be dangerous to be at large within the Town of Gates at any time,
even though such animal is licensed, muzzled and effectively immunized
against rabies. A dangerous animal which is found at large may be
taken and impounded. If any dangerous, fierce or vicious animal found
at large cannot be safely taken up and impounded, such animal may
be summarily slain.
[Added 6-8-1978]
In addition to other restrictions contained
in this article, it shall be unlawful for any owner of an animal to
allow or permit such animal to:
A.
Become a public nuisance as defined in this article.
B.
Engage in loud howling or barking or conduct itself
in such a manner as to habitually annoy any person other than the
owner of person harboring such animal.
C.
Cause damage or destruction to property other than
the property of the owner or person harboring such animal.
D.
Leave feces on any sidewalk, gutter, street or other public/private
area. Such material shall be picked up by the owner, or person having
possession, custody, or control, of said animal and properly disposed
of.
[Added 5-3-2021 by L.L.
No. 4-2021]
A.
The Town of Gates shall appoint a Dog Control Officer
or Dog Control Officers, as needed, pursuant to the appropriate statutes
of the State of New York. It shall be the duty of such Dog Control
Officer or Dog Control Officers of the Town of Gates to enforce the
appropriate provisions of the Agriculture and Markets Law with respect
to dogs in the Town of Gates and to enforce this article.
B.
The Dog Control Officer or Dog Control Officers of
the Town of Gates shall seize any dog which is found to be in violation
of any portion of this article as well as any dog or dogs otherwise
required to be seized under and by virtue of the Agriculture and Markets
Law of the State of New York. All complaints concerning alleged violations
of this article shall be communicated to the Dog Control Officer or
Dog Control Officers. All such complaints shall be investigated and
it shall be the duty of the Dog Control Officer or Dog Control Officers
in the appropriate case to proceed with civil or criminal enforcement
of this article or any other provisions of law pertaining hereto.
C.
The Dog Control Officer or Dog Control Officers are
hereby authorized to issue and serve appearance tickets, and the Dog
Control Officer or a peace officer observing a violation of this article
in his presence may issue and serve an appearance ticket for such
violation. The appearance ticket shall be in the form prescribed by
this Board by resolution in accordance with the provisions of § 124
of the Agriculture and Markets Law and this article.
[Added 6-8-1978; amended 9-7-1999 by L.L. No. 2-1999]
All complaints made under any provisions of
this article must be in writing, signed and sworn to before a Justice
of the Peace. Any such complaint shall be promptly heard and determined
by a currently presiding Justice of the Peace after written notice
of said complaint to the owner of such animal, appointing a time for
such hearing, which shall not be less than three days after personal
service of the notice on the owner or the purported owner. Personal
service may be complied with by notification through ordinary mail.
If the Justice of the Peace finds that the complaint made is duly
established, he shall determine and declare such animal to be a public
nuisance or make any other determination consistent with the provisions
of this article and other laws relating thereto.
[Added 6-8-1978]
A.
The owner of a dog who is issued an appearance ticket pursuant to § 62-11 herein may answer the same by registered or certified mail, return receipt requested, within five days of the violation(s) as hereunder provided, in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.
B.
If the person charged with the violation admits to
the violation as charged in the appearance ticket, he may complete
the appropriate form on such appearance ticket and forward such form
and appearance ticket to the office specified on such appearance ticket.
Where the appearance ticket sets forth the schedule of penalties and
fines for violations of this article, a certified check or money order
in the amount of the penalty for the violation charged shall be submitted
with such answer. If no schedule of penalties is set forth, the court
shall set the penalty as herein provided and notify the person charged
with the violation of the amount thereof. If the penalty specified
by the court shall not be paid within the time allowed by the court
for payment of the same, a warrant of arrest may be issued.
C.
If the person charged with the violation denies part
or all of the violation as charged in the appearance ticket, he may
complete the appearance ticket likewise prescribed for that purpose
and forward such appearance ticket, together with a certified check
or money order in an amount as set from time to time by resolution
of the Town Board, to the office of the court specified on such appearance
ticket. Upon receipt, such answer shall be entered in the docket and
a new return date established by said court officer. Such person shall
be notified of the date and place of such return date and/or trial,
and the security shall be returned upon appearance thereat. If a person
shall fail to appear at a return date when such is provided for pursuant
to this section, the security posted to secure such appearance shall
be forfeited and a summons or a warrant of arrest may be issued pursuant
to the Criminal Procedure Law.
[Amended 9-7-1999 by L.L. No. 2-1999]
D.
In the event that a violation of this article is based
upon an information and not an appearance ticket and the owner of
the dog desires a trial, he shall post bail in an amount as set from
time to time by resolution of the Town Board.
[Amended 9-7-1999 by L.L. No. 2-1999]
E.
Whenever an animal has been impounded or is required
to be impounded, in addition to any penalties which may be imposed,
the owner shall pay for the care and maintenance of the animal during
the period of impoundment.
Any dog at large which does not display any
current dog license or other means of identification or which fails
to exhibit any evidence of having had administered to it a rabies
vaccination shall be considered an abandoned dog and may be summarily
impounded by the Dog Control Officer.
A.
Every dog seized shall be properly fed and cared for
at the expense of the Town of Gates until disposition thereof as herein
provided and in accordance with the applicable provisions of the Agriculture
and Markets Law of the State of New York.
B.
Every dog seized shall be treated in a humane manner.
C.
If the dog seized bears a license tag, the Dog Control
Officer shall ascertain the owner of the dog and shall give immediate
notice by personally serving such owner or by mailing said personal
notice to such owner or an adult member of his family with a notice,
in writing, stating that the dog has been seized and will be destroyed
unless redeemed as herein provided. If notification is personally
given, such dog shall be held for a period of seven days after day
of notice, during which period the dog may be redeemed by the owner.
If such notification is made by mail, such dog shall be held for a
period of nine days from the date of mailing, during which period
the dog may be redeemed by the owner.
[Amended 9-7-1999 by L.L. No. 2-1999]
D.
The owner of a dog so seized may redeem the dog within
the time period prescribed by the New York State Agriculture and Markets
Law by paying to the Town Clerk a sum as set from time to time by
resolution of the Town Board for the cost of seizure and the reasonable
cost of feeding and caring for such dog. The redemption fee for a
second seizure and for any subsequent seizures of the same dog shall
be as set from time to time by resolution of the Town Board.
[Amended 2-4-1991 by L.L. No. 3-1991; 9-7-1999 by L.L. No. 2-1999]
E.
If not so redeemed, the owner shall forfeit all title
to the dog and the dog shall be sold, made available for adoption
or euthanized by the Dog Control Officer. In the case of sale, the
purchaser must pay the purchase price to the Town Clerk and obtain
a license for such dog. A dog which is to be destroyed shall be done
so only by a veterinarian in keeping with the latest humane practices
of disposing of animals. The Dog Control Officer who causes such dog
to be destroyed shall make a written report of such destruction and
disposition to the Town Clerk, together with a statement from the
veterinarian destroying the dog, stating that the dog was destroyed
in keeping with humane practices. The Town Clerk shall keep a record
of all dogs which are destroyed.
[Amended 9-7-1999 by L.L. No. 2-1999]
F.
In those instances where a dog has been seized and
bears a license tag, the notice given by the Dog Control Officer pursuant
to this section shall contain a statement advising the owner that,
in the event of the owner's failure to redeem the dog within the time
allowed, all costs in connection with the feeding, caring, housing
and destruction of said dog shall be a charge against the owner and
written request will be made for said expenditure after destruction
of said dog. Said notice will further advise the owner that in the
event of his failure to pay the expense as aforesaid within 30 days
of the receipt of said request from the town, the sum will be placed
on the tax rolls of any real property in the Town of Gates to which
the owner has title.
[Added 4-17-1972]
It shall be unlawful for any person in the Town
of Gates to torture, torment, deprive of necessary sustenance, unnecessarily
or cruelly beat or otherwise abuse or needlessly mutilate or kill
a living animal or creature. Any animal so treated shall be impounded
by the Dog Control Officer. The owner thereof shall be notified, in
writing and by personal service or by regular mail, of the alleged
violation, and the matter shall be referred to the Justice of the
Peace for hearing and determination.
[Amended 6-8-1978; 9-7-1999 by L.L. No. 2-1999]
Except as otherwise provided in § 119
of the Agriculture and Markets Law, upon conviction, a violation of
this article shall be deemed an offense punishable by a fine of not
more than $250 or by imprisonment not exceeding 15 days, or by both
such fine and imprisonment.
The owner, harborer or possessor 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.
The Town Board may from time to time amend,
supplement, change, modify or repeal this article pursuant to the
provisions of the Town Law applicable thereto.
This article shall take effect 10 days after
publication and posting pursuant to § 133 of the Town Law
of the State of New York but shall take effect from the date of its
service as against a person served personally with a copy thereof,
certified by the Town Clerk under the corporate seal of the town and
showing the date of its passage and entry in the minutes.
[Adopted 5-3-2021 by L.L. No. 4-2021]
This article shall be known as the "Town of Gates Chicken Ordinance."
It is the purpose and intent of this article to provide for
rules and regulations for residents of the Town of Gates to apply
for and obtain permits to keep chickens on their properties within
the Town.
See § 62-3, Definitions.
A.
License application. Persons wishing to keep chickens within the
Town of Gates must obtain a chicken keeping license.
(1)
Applications for license shall be submitted to, and issued by, the
Town of Gates Code Enforcement Officer.
(2)
There shall be no more than one license per property.
(3)
Only the owner of the property is eligible to apply for the license.
(4)
The license is effective for a period of 12 months, unless terminated
prior thereto, and must be renewed annually in accordance with all
existing rules and regulations in effect.
(5)
The license is not transferable.
B.
Limitations.
(1)
Hens only are allowed. No roosters or any other poultry or fowl are
permitted.
(2)
Maximum of six hens permitted per each license holder.
(3)
Chickens will only be permitted on single-family residential zoned
property.
(4)
No commercial use: Chickens and/or eggs shall be for personal use
only. Chickens and/or eggs shall not be offered for sale.
(5)
Existing other fowl: No person shall have, or keep, or offer to sell
any fowl within the Town of Gates.
C.
Violations and penalties.
(1)
Licenses may be revoked by the Town Code Enforcement Officer in accordance
with their i) respective authority and the ii) violations and enforcement
provisions provided for in this article. In addition to the revocation
of permits and other remedies provided for herein, fines as determined
by the Code Enforcement Officer, as applicable, may additionally be
imposed, each such fine to be in the amount not less than $50 nor
more than $250 for each violation. Continued violations (three or
more) by one permit holder shall result in the imposition of any and
all penalties provided for herein, and additionally a ban of future
permit applications.
(a)
Period of time to correct violations of health or sanitation
issues: five days, unless deemed serious, in which case immediately.
All other violations: 30 days, or as specified herein.
(b)
Abandonment of hens will be sufficient cause for the permit
to be immediately revoked, and no permit to be issued in the future.
(c)
Any diseased or severely ill chickens shall immediately be seen
by a veterinarian.
(d)
Cruel treatment of chickens is prohibited and must cease immediately.
Occurrence is grounds for removal of chickens upon determination of
the Code Enforcement Officer.
(e)
Coops and runs must be maintained properly such as not to be
a nuisance to neighboring properties.
(f)
Coops and runs must be well maintained and cleared of waste,
and must also be carefully managed to minimize odor and not attract
rodents and pests.
(g)
Feed storage must be constructed and maintained to prevent harboring
of rodents and pests.
(h)
Coop, run, feed storage and fencing deemed to be in poor condition
by the Code Enforcement Officer must be remedied immediately.
(i)
Chicken feces/manure not properly taken care of is considered
a health hazard and must be remedied immediately.
(j)
Objectionable odor in an area must be remedied immediately.
(k)
Chickens may not run loose outside of the run.
(l)
Failure to pay fees and/or fines shall be a violation.
This article is hereby declared to be of immediate necessity
for the preservation of public peace, health and safety and shall
be in full force and effective from and after its passage and publication
as provided by law.
