[Adopted 8-23-1995 by L.L. No. 4-1995[1]]
[1]
Editor's Note: This local law also repealed
former Art. I, Dogs, adopted 7-7-1976 by L.L. No. 1-1976, as amended.
As used in this article, the following terms
shall have the meanings indicated:
A dog which has been spayed or neutered.
[Added 12-15-2010 by L.L. No. 6-2010]
Being in any public place, as well as being on any private
property other than that of the owner without the knowledge or consent
of said owner.
Any form of canine vocalization, including baying, howling,
yapping, whining or any other noise a dog can make.
Any person, such as a neighbor, friend, kennel operator or
veterinarian, who has been given the authority and responsibility
for harboring a dog.
Any member of the species canis familiaris, of either sex.
Any one or more persons at any time designated by the Town
Board to fulfill the duties of this article.
Any person, whether or not the owner, in charge of a dog
off of the owner's property. A "handler" is not necessarily a custodian.
To provide food or shelter to a dog.
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk and any other information deemed necessary
by the Town Clerk.
[Added 12-15-2010 by L.L. No. 6-2010]
The New York State Agriculture and Markets Law.
Any person who harbors or keeps a dog, irrespective of legal
title or licensing.
The person in whose name a dog was last licensed pursuant
to this article.
[Added 12-15-2010 by L.L. No. 6-2010]
Any individual, corporation, partnership, association or
other legal entity.
The Society for the Prevention of Cruelty to Animals.
[Added 12-15-2010 by L.L. No. 6-2010[1]]
A.
Rabies vaccination required.
(1)
Any person owning, possessing or harboring a dog four months of age
or over in the Town of Clarence shall be required to have the dog
vaccinated to prevent the spread of rabies, except that a rabies vaccine
is not required for a dog whose health would be adversely affected
by a rabies vaccination, provided that a written statement, certified
by a duly licensed veterinarian, specifying such condition is presented
to the Town Clerk or the Dog Control Officer and filed with the Town
Clerk's office.
(2)
Any person owning, possessing or harboring a dog who fails or refuses
to submit the dog for vaccination within 10 days after a request by
the Dog Control Officer, peace officer, police officer or health officer
shall be in violation of this article.
B.
License requirements.
(1)
Any person owning, possessing or harboring a dog four months of age
or over in the Town of Clarence shall obtain a current license for
said dog and shall place and keep on such dog a collar to which shall
be securely attached a valid identification tag for that dog, in accordance
with the requirements of this article.
(a)
Exemption. No license is required for any dog under the age
of four months and which is not at large.
(2)
Purebred license.
(a)
The owner of one or more purebred dogs registered by a recognized
registry association may annually make application for a purebred
license issued by the Town Clerk.
(b)
In addition to the required minimum information for a license,
a purebred owner must provide the registry name and number of each
purebred registered dog.
C.
License application and fees.
(1)
An application for a license or renewal shall be in the form prescribed
by the Town Clerk and shall provide for the following minimum information:
(a)
The name, residence address, mailing address and telephone number
of each owner;
(b)
The name, sex, approximate age or year of birth, breed, color,
markings and other identifying details of the dog;
(c)
State whether the dog has been spayed or neutered; and
(d)
Such other information or documentation deemed necessary by
the Town Clerk to effectuate the purpose of this article.
(2)
Rabies certification. The application for a license or renewal shall
be accompanied by a statement certified by a licensed veterinarian
showing that the dog has received the rabies vaccine; or, in lieu
thereof, a statement certified by a licensed veterinarian that, because
of the dog's age or other reason, the life of the dog would be
endangered by the administration of the rabies vaccine.
(3)
Spayed/neutered certificate. In the case of an altered dog, every
application shall be accompanied by a certificate signed by a licensed
veterinarian or a sworn affidavit signed by the owner in the form
acceptable to the Town Clerk showing that the dog has been spayed
or neutered, except that such certificate or affidavit is not required
if same is already on file with the Town Clerk. In lieu of the spayed
or neutered certificate, an owner may present 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. In such case,
the license fee for the dog shall be the same as an altered dog.
(4)
A guide dog, hearing dog, service dog, working search dog, war dog,
detection dog, police work dog or therapy dog shall be exempt from
a license processing fee provided that the owner of the dog provides
adequate proof in the form of a training certificate or other documentation
deemed appropriate by the Town Clerk or Dog Control Officer.
(5)
Applications for a license or renewal thereof shall be accompanied
by a nonrefundable license processing fee, the amount of which shall
be adopted annually or at any other time as determined by resolution
of the Town Board, provided that the total fee for an unspayed or
unneutered dog shall be at least $5 more than the total fee for a
spayed or neutered dog. A portion of the fee shall be paid to the
agency designated pursuant to § 110 of the New York State
Agriculture and Markets Law to be used for animal population control
efforts.
(6)
Purebred license fees: a nonrefundable license processing fee, the
amount of which shall be adopted annually or at any other time as
determined by resolution of the Town Board. A portion of the fee shall
be paid to the agency designated pursuant to § 110 of the
New York State Agriculture and Markets Law to be used for animal population
control efforts.
D.
Issuance of license; identification tag.
(1)
Upon validation by the Town Clerk or authorized dog control officer,
a dog license shall be issued and a record of its issuance retained
in the office of the Town Clerk.
(2)
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately apply for a new license
for the dog. A license cannot be transferred to another dog.
(3)
Identification tag.
(a)
The Town Clerk shall assign an identification number to a dog
when it is first licensed. Such identification number shall be carried
by the dog on an identification tag which shall be affixed to the
collar of the dog at all times.
(b)
No tag carrying an identification number shall be affixed to
the collar of any dog other than the one to which the number has been
assigned.
(c)
Any person wishing to replace a tag previously issued shall
pay to the Town Clerk a sum to be determined by resolution of the
Town Board for a replacement tag.
E.
Term of license and renewals. All licenses issued pursuant to this
article, and any renewal thereof, shall expire on the last day of
the last month of the period for which they are issued, except that
no license or renewal shall be issued for a period expiring after
the last day of the 11th month following the expiration date of the
current rabies certificate for the dog being licensed. In the event
an applicant for a license or renewal presents a statement certified
by a licensed veterinarian, in lieu of a rabies certificate, then
the license or renewal shall be issued for one year from the date
of the statement.
A.
Licensing. No owner shall harbor any dog not licensed
as required by Article 7 of the Agriculture and Markets Law of the
State of New York.
B.
Youthful owner. In the event that the owner of a dog
is under the age of 18 years of age, the head of the household where
the owner resides shall be deemed owner under this article.
C.
Custodian as owner. In the event that and for so long
as custody of a dog is granted to any other person, that person shall
be deemed owner in lieu of the person granting custody under this
article.
D.
Dog restraint and sanitation.
(1)
No dog shall be at large within the Town of Clarence
unless restrained by a handler using a lead of no more than six feet
in length. No owner in the Town of Clarence shall permit their dog
to be at large without such restraint.
(2)
If a dog defecates in a public place, the handler
shall promptly remove and properly dispose of the droppings in a responsible
and sanitary manner.
E.
Noise control.
(1)
No owner shall harbor any dog which, by repeated and
loud episodes of incessant barking lasting 30 minutes or longer, thereby
disturbs the peace and quiet of a neighborhood by annoying the residents
thereof.
(2)
No person shall deliberately, carelessly or negligently
provoke a dog into barking, thereby disturbing the peace and quiet
of a neighborhood by annoying the residents thereof. Proof of such
provocation is a defense under § 83-2E(1).
F.
Lost, escaped or stolen dogs. The owner of any lost
dog that can be presumed to be at large shall report the dog's absence
to the Dog Control Officer as soon as the absence is discovered.
G.
No person, firm or corporation owning or occupying
a premises on which an animal is kept shall permit such premises to
be unclean or unsanitary.
[Added 10-22-2003 by L.L. No. 10-2003]
A.
Qualifications. In addition to qualifications set
forth in the Erie County job description for the Dog Control Officer,
the Dog Control Officer shall obtain recognized certification in basic
animal control within the first 12 months of appointment.
B.
Weapons responsibility.
(1)
In the use of any weapon or device for dog control,
including, but not limited to, netting, trapping, snaring, tranquilization
or firearm use, the Dog Control Officer shall employ the most humane
method possible under the circumstances.
(2)
The Town shall provide one or more tranquilizer guns
appropriate to the duties of the Dog Control Officer, as well as instruction
in its proper use.
C.
Use of microchip reader. The Town shall provide the
Dog Control Officer with a device capable of reading microchips embedded
in dogs, in accordance with authorized current practices, as well
as instruction in use of said device.
D.
Seizure, impoundment and notification. Pursuant to the New York State Agriculture and Markets Law § 118, the Dog Control Officer shall seize and impound any dog found running at large or unrestrained contrary to the provision of § 83-2D above.
E.
Recordkeeping. In addition to the recordkeeping mandated
by the New York State Agriculture and Markets Law § 114,
Subdivision 5, the Dog Control Officer shall also record any tattoo
or embedded microchip number of a seized dog.
A.
This article shall be enforced by the Dog Control
Officer.
B.
In addition to the powers granted under the New York
State Agriculture and Markets Law § 114, Subdivision 4,
the Dog Control Officer is authorized to sign and issue any complaint,
information or notice in connection with the prosecution of any violation
of this article.
C.
The Dog Control Officer is authorized to enter upon
any lands where a dog is harbored and to require the owner to display
the licensing of such dog.
A.
The owner shall pay a pickup and impoundment fee of $25 for the first day then $10 for each subsequent day of impoundment for dogs seized under § 83-4D of this article.
B.
There shall be a fee, equal in amount to the fee charged
by the SPCA, for the pickup of dogs or cats that are released by the
owner to the Town for euthanasia and transported to the SPCA for the
performance of this service. Veterinarian service fees incurred by
the Town of Clarence shall be paid by the owners of the animals.[1]
[Amended 12-16-1998]
[1]
Editor's Note: Former Subsection A, which contained an annual fee pursuant to Agriculture and Markets Law § 110, Subdivision 4(a), amended 12-15-2004 by L.L. No. 10-2004, was repealed 12-15-2010 by L.L. No. 6-2010. This local law also redesignated former Subsections B through G as Subsections A through F, respectively.
C.
D.
Any person taking part or assisting in any violation
of this article shall also be subject to the penalties herein.
