[HISTORY: Adopted by the Town Board of the
Town of Union as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-12-1979 by L.L. No. 2-1979; amended in its entirety 11-3-2010 by L.L. No. 13-2010]
The purpose of this article is to protect the health, safety
and general welfare of the inhabitants of the Town of Union by enforcing
regulations on the licensing and activities of dogs in said Town of
Union, including the Villages of Johnson City and Endicott, so as
to afford consistent protection to the person and property of the
inhabitants thereof, including the rights and privileges of owners
of dogs, the residents and the inhabitants of said Town of Union.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York.
The title of this article shall be the "Dog Control Law of the
Town of Union."
As used in this article, the following words shall have the
following respective meanings:
Any dog or cat, or any other domesticated animal normally
maintained in or near the household of the owner or person who cares
for such other domesticated animal. "Pet" or "companion animal" shall
not include a "farm animal" as defined in this section.
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
The Dog Control Officer of the Town of Union appointed by
the Town Board pursuant to § 113 of the Agriculture and
Markets Law.
Any ungulate, poultry, species of cattle, sheep, swine, goat,
llama, horse or fur-bearing animal, as defined in § 11-1907
of the Environmental Conservation Law, which is raised for commercial
or subsistence purposes. "Fur-bearing animal" shall not include dogs
or cats.
A tag issued by the Town of Union which sets forth an identification
number, together with the name of the municipality, the State of New
York, contact information, including telephone number for the municipality,
and such other information as the licensing municipality deems appropriate.
The person entitled to claim lawful custody and possession
of a dog and who is responsible for purchasing the license for such
dog, unless the dog is or has been lost and such loss was promptly
reported to the Dog Control Officer and a reasonable search has been
made. If a dog 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 dog 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 that the owner of any
dog found to be in violation of this article shall be under 18 years
of age, the bead 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.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
The Town of Union.
The Town Clerk of the Town of Union.
A.
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 which is under the age of four months and which is not at
large except as otherwise provided in this law.
B.
The application shall state the sex, actual or approximate age, breed,
color, and municipal identification number of the dog, and other identification
marks, if any, and the name, address, telephone number, county and
town, city or village of residence of the owner. The Town of Union
may also require additional information on such application as deemed
appropriate. The application shall be accompanied by the license fee
and a certificate of rabies vaccination, provided such certificate
or affidavit shall not be required if the same is already on file
with the Town Clerk. In lieu of the rabies certificate, an owner may
present a statement certified by a licensed veterinarian stating that
he has examined the dog and found that the life of the dog would be
endangered by vaccinating due to old age or other reasons. In the
case of a spayed or neutered dog, every application shall also 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 such certificate or affidavit shall not be required
if the same is already on file with the Town Clerk. In lieu of the
spay or neuter certificate, an owner may present a statement certified
by a licensed veterinarian stating that he 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 for a spayed or neutered dog.
C.
All dog licenses will be for a period of one year and will expire
at the end of the month one year from the date of issue.
D.
Purebred license: The Town of Union will not be issuing purebred or kennel licenses. All dogs will be licensed individually as per the fee system in § 71-10.
E.
The Town of Union does not allow the licensing of dogs by a shelter.
The shelter must send the adoptive dog owners to the Town of Union
Town Clerk.
F.
All dog licenses may be purchased by visiting the Town offices or
by regular mail. If licensing or renewing a license by mail, the appropriate
fee must accompany the forms. There will be no refund of fees.
G.
Renewing early or late does not change the renewal month. However,
owners having more than one dog may request common renewal dates for
their licenses, which may be granted at the discretion of the Town
Clerk, provided that all other licensing and renewal requirements
are met. No licensing fees will be prorated, refunded, or waived when
accommodating such a request.
H.
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.
I.
In the event of a change in the ownership of any dog which has been
licensed pursuant to this article, the owner of record shall, within
10 days of such change, file with the Town Clerk a written report
of such change. Such owner of record shall be liable for any violation
of this article until such filing is made or until the dog is licensed
in the name of the new owner.
J.
If any dog which has been licensed pursuant to this article is lost
or stolen, the owner of record shall, within ten (10) days of the
discovery of such loss or theft, file with the Town Clerk a written
report of such loss or theft. In the case of a loss of theft, the
owner of record of any such dog shall not be liable for any violation
of this article committed after such report is filed.
K.
In the case of a dog's death, the owner of record shall so notify
the Town Clerk either prior to renewal of license or upon the time
of such renewal as set forth by the Town Clerk.
L.
Change of address: When there is a change of address for the owner
of record, the owner shall notify the Town Clerk of such change. If
the change is still within the Town of Union, the Town Clerk will
make the appropriate updates to the dog license record. If the change
is located outside the Town of Union, the Town Clerk shall make a
note in the record and cancel the license. The Town Clerk shall forward
a copy of the license to the Clerk of the municipality to which the
owner has moved, informing said Clerk that the dog now resides in
their municipality. If the Town of Union Clerk is notified by another
municipality in Broome County that one of their licensed dogs has
moved into the Town of Union, the Town Clerk will issue a Town of
Union license at no charge for the remainder of the license year upon
presentation by the owner of the old license.
It shall be unlawful for any owner of any dog in the Town to:
A.
Permit or allow such dog to run at large, unless the dog is restrained
by an adequate collar and leash and 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 their
owner and not required to be leashed while hunting.
B.
Permit or allow such dog to be a public nuisance. It is hereby expressly
declared that any dog which engages in loud howling, barking, crying
or whining so as to unreasonably annoy any person is a public nuisance.
It shall be unlawful for any person to own or possess a dog which
is a public nuisance as herein defined.
C.
Permit or allow such dog to uproot, dig or otherwise damage any vegetables,
lawns, flowers, garden beds or other property without the consent
or approval of the owner thereof.
D.
Permit or allow such dog to chase, jump upon or at or otherwise harass
any person, or companion animal of such person, in such a manner as
to reasonably cause intimidation or fear or to put such person in
reasonable apprehension of bodily harm or injury.
E.
Permit or allow such dog to 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.
Permit or allow such dog to 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. The owner shall
immediately remove all feces left by such animal, depositing the same
directly into an airtight container or bag, which shall then be deposited
into a container used for the disposal of refuse. In no event shall
any feces be deposited in sewers or drains, whether storm or sanitary.
G.
Permit or allow such dog to commit a nuisance on the property of
the person owning or person harboring or housing custody of such dog
which nuisance may reasonably be expected to create odors, insects
or other health matters which will interfere with the health, safety,
welfare and comfort of adjoining property owners or property users.
Dogs participating in training at a Town-approved dog training facility shall be exempt from § 71-5B between the hours of 7:00 a.m. and 10:00 p.m.
It shall be unlawful for any person owning or having possession
of any female dog in heat to permit the same to run at large, as the
phrase has been heretofore defined herein, or to run loose on or within
the premises of such person. The term "running loose" is defined for
the purposes of this section as being outside of a house, closed garage,
closed building or other enclosure upon the owner's premises,
whether tied or not.
A.
The Dog Control Officer or any peace officer shall seize any unlicensed dog, whether on or off the owner's premises; any unidentified dog not wearing a tag that is not on the owner's premises; and/or any dog found in violation of § 71-5A and § 71-6 of this article. Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law, except that each dog that is not identified shall be held for a period of three business days from the day seized, and each dog that is identified shall be held for a period of seven business days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner complies with the requirements set forth in Article 7, § 117, of the Agriculture and Markets Law.
B.
The redemption period that applies to either identified or unidentified
dogs that are seized shall be calculated in terms of business days,
and shall never include the day that the dog is seized, Saturdays,
Sundays or national holidays. Business days are weekdays from 9:00
a.m. until 5:00 p.m.
C.
The Dog Control Officer or peace officer may also investigate and
report to a Town Justice of the Town any dangerous dog as described
in Article 7 of the Agriculture and Markets Law and see that the order
of the Town Justice in such case is carried out.
The Dog Control Officer, Deputy Dog Control Officer(s), Town
of Union Park Rangers or a peace officer having reasonable cause to
believe that a person has violated this article shall issue and serve
upon such persons an appearance ticket for such violation(s).
Any person who observes a dog in violation of this article may
file a complaint under oath with a Town Justice of the Town specifying
the nature of the violation, the date thereof, a description of the
dog and the name and residence, if known, of the owner of such dog.
Such complaint may serve as the basis for enforcing the provisions
of this article.
A.
Intent. The purpose of this subsection is to provide a schedule of
fees to be charged dog owners for the providing of certain services
to dog owners by the Town of Union.
B.
License fees.
(1)
Annual fee.
(a)
The fee for a license for a dog that has been altered is $15.
The fee for an unaltered dog is $25.
(b)
In addition to the fees set forth in § 71-10B(1)(a), an assessment of $3 for each unaltered dog and $1 for each altered dog shall be charged for the purpose of population control as mandated by Article 7 of the Agricultural and Markets Law.
(c)
Enumeration fee. When the Town Board determines the need for
a dog enumeration, a fee of $25 will be assessed to all dogs found
unlicensed or renewed at the time enumeration is conducted.
(d)
Late fee. The Town of Union shall charge a late fee of $5 for
any license renewed 60 days or more after the date of expiration.
(2)
The local license fee shall be dedicated for the control of dogs
and enforcement of this article and Article 7 of the Agricultural
and Markets Law.
(3)
There shall be no fee for any license issued for any guide dog, hearing
dog, service dog, war dog, working search dog or police work dog.
Each copy of any license for such dogs shall be conspicuously marked
"Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War
Dog" or "Police Work Dog," as may be appropriate, by the Clerk or
authorized Dog Control Officer.
(4)
The owner of a dog who requests the Town of Union to pick up a dog
for disposal at the county dog shelter shall pay a pickup fee and
a disposal fee as set from time to time by resolution of the Town
Board. Said fee shall be paid to the Town of Union prior to or at
the time the pickup occurs.
C.
Seizure fee. In addition to the payment of any fee or penalty prescribed
by this article, the owner of a dog seized by the Town of Union shall
pay a seizure fee as set from time to time by resolution of the Town
Board for each dog so seized.
D.
Veterinary fees. In addition to the payment of impoundment fees,
seizure fees or any other costs and expenses incurred by the Town
of Union, any person redeeming an impounded dog shall be liable for
the payment of all veterinarian expenses incurred by the Town of Union.
Payment of such expenses shall be made to the Town of Union prior
to the release of such dog.
E.
Costs and maintenance. In addition to the payment of any penalty
prescribed by this article and/or other expenses required by this
article or applicable statutes, an owner shall pay the reasonable
expenses incurred by the Town of Union for the feeding and care of
any dog so seized.
F.
The Town Board may amend, by resolution, the various fees set forth
in this article.
[Amended 10-1-2014 by L.L. No. 3-2014]
A violation of this article shall be punishable as follows:
A.
(1)
Where prosecuted pursuant to the Penal Law, a fine of not less than $25 but not more than $250 or by imprisonment of not more than five days or by both such fine and imprisonment, except that where the person was found to have violated §§ 71-5(A) through (G) and 71-6 or Article 7 of the Agriculture and Markets Law within the preceding five years, such violation shall be punishable by a fine of not less than $50 but not more than $500 or by imprisonment of not more than 10 days or by both such fine and imprisonment, and where the person was found to have committed two or more such violations within the preceding five years, such violation shall be punishable by a fine of not less than $100 but not more than $750 or imprisonment for not more than 15 days, or by both such fine and imprisonment; or
(2)
Where prosecuted as an action to recover a civil penalty, a civil penalty of not less than $25, except that when the person was found to have violated §§ 71-5(A) through (G) and 71-6 or Article 7 of the Agriculture and Markets Law within the preceding five years, the civil penalty may be not less than $50, and where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may be not less than $100.
B.
Any violation of § 71-4.1 shall be subject to:
(1)
Where
prosecuted pursuant to the Penal Law, a fine of not less than $25,
except that where the person was found to have violated § 7l-4.1
or Article 7 of the Agriculture and Markets Law within the preceding
five years, the fine may be not less than $50, and where the person
was found to have committed two or more such violations within the
preceding five years, such violation shall be punishable by a fine
of not less than $100 but not more than $750 or imprisonment for not
more than 15 days, or by both such fine and imprisonment; or
(2)
Where prosecuted as an action to recover a civil penalty, a civil penalty of not less than $25, except that when the person was found to have violated § 71-4.1 or Article 7 of the Agriculture and Markets Law within the preceding five years, the civil penalty may be not less than $50, and where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may be not less than $100.
If any part or provision of this article or the application
thereof to any person or circumstance be adjudged invalid by any Court
of competent jurisdiction such judgment shall be confined in its operation
to the part or provision or application directly involved in the controversy
in which such judgment shall have been rendered and shall not effect
or impair the validity of the remainder of this article or the application
thereof to other persons or circumstances and the Town Board of the
Town of Union hereby declares that it would have passed this article
or the remainder thereof had such invalid application or invalid provision
been apparent.
This article shall take effect January 1, 2011.
[Adopted 4-21-2010 by L.L. No. 4-2010]
As used in this article, the following terms shall have the
meanings indicated:
To provide food or shelter to any cat or domestic animal.
Any person who harbors or keeps any cat or domestic animal.
In the event that any cat or domestic animal 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.
It shall be unlawful for any owner of any cat or domestic animal
to permit or allow such cat or domestic animal in the Town of Union
outside the two villages to:
A.
Engage
in habitual loud howling, barking, crying or whining or to conduct
itself in such a manner so as to unreasonably and habitually annoy
any person.
B.
Cause damage
or destruction to property or commit a nuisance by defecating or urinating
upon the premises of a person other than the owner of such cat or
domestic animal.
C.
Chase or
attack any person peacefully conducting himself in any place where
such person may lawfully be or to chase or attack any cat or domestic
animal while such animal is in any place it may lawfully be.
D.
Soil or
commit any nuisance on any commonfare or any place where the public
congregates or walks, except that one walking or exercising such cat
or domestic animal shall be permitted to curb such animal in that
portion of the street lying between the curblines. It shall be the
duty of any person who so curbs a cat or domestic animal to immediately
remove all feces left by such animal, depositing the same directly
into an airtight container, which shall then be deposited into a container
used for the disposal of refuse. In no event shall any feces be deposited
in sewers or drains, whether storm or sanitary.
A violation of any provision of this article is hereby deemed
to be an offense, punishable by a fine not to exceed $250 or imprisonment
for a period not to exceed 15 days, or both. Each week's violation
shall constitute a separate offense punishable by like penalty.
