[Adopted 10-14-1980 by L.L. No. 3-1980]
[Amended 3-26-1990; 1-22-1996 by L.L. No. 1-1996]
A local fee as provided in Chapter
27, Fees, shall be charged for each individual dog license issued in the Town of Victor.
[Added 3-26-1990; amended 12-6-2010 by L.L. No.
10-2010]
The Town Board may establish by resolution a
partial exemption for senior citizens from local dog licensing fees.
Such local fee shall be in addition to the New
York State statutory fee for dog licensing of individual dogs.
[Adopted 3-26-1990 by L.L. No. 1-1990]
These rules and regulations shall be known and
may be cited as the "Dog Control and Licensing Laws of the Town of
Victor."
The purpose of this article shall be to preserve
the public peace and good order in the Town of Victor and to contribute
to the public welfare, safety and good order of its people by enforcing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of the owners of dogs
and rights and privileges of other citizens of the Town of Victor.
In order that dogs may be licensed and equitably
controlled within the Town of Victor, the provisions of this article
are hereby adopted.
[Amended 1-22-1996 by L.L. No. 1-1996; 12-6-2010 by L.L. No. 10-2010]
As used in this article, the following terms
shall have the meanings indicated:
AT LARGE
Any dog shall be deemed to be "at large" if not accompanied
by a person who:
A.
Is in full control of the dog; or
B.
Who is providing restraint of the dog (by leash or lead, for
example); or
C.
Has confined the dog to an enclosure, such as a cage, motor
vehicle or fence (including an electric fence) in such a manner that
the Dog may not roam freely upon public lands elsewhere than on the
premises of the owner or on the premises of another responsible person
who has knowledge of the dog's presence and who assents thereto.
[Amended 10-24-2011 by L.L. No. 10-2011]
ATTACK
Any action by a dog that might cause reasonable apprehension
of harm or injury to a person, together with the apparent ability
of the dog to inflict such harm. An actual bite by the dog is unnecessary
to meet the qualifications of this definition.
DANGEROUS DOG
A dog that, without provocation, chases or approaches in
either a menacing fashion or in an apparent attitude of attack or
attempts to bite or otherwise endanger any person or domestic animal
while that dog is off the premises of its owner, keeper or harborer
and not under the reasonable control of its owner, keeper or harborer.
DESTRUCTION
Euthanasia of a dog; the act of painlessly causing the death
of the dog.
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.
DISPOSAL
Arrangement for the sale or destruction of a dog.
DOG
Any member of the species canis familiaris. Includes the
plural "dogs" and refers to any dog of either sex or any age unless
otherwise indicated herein.
[Amended 10-24-2011 by L.L. No. 10-2011]
DOG CONTROL OFFICER
Any person who is appointed by the Town Board to assist in
the enforcement of this article.
DOMESTIC ANIMAL
Any cat, other dog or any other animal defined as a domestic
animal in Article 7, § 108, of the Agriculture and Markets
Law of the State of New York.
FEE SCHEDULE
A list of all fees charged by the Town of Victor in conjunction
with this article.
FORFEITURE
The loss or giving up of any claim to a dog.
GUIDE DOG
Any dog trained to guide blind, deaf or other handicapped
persons.
HARBOR
To provide food and shelter for any dog.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the state during the period such dog
is being trained or bred for such purpose.
IDENTIFICATION TAG
A tag issued by the Town Clerk which sets forth the identification
number of a dog 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.
LEASH, LEASHED or RESTRAINED BY A LEASH
That when the dog is off the premises of the owner, the dog
is equipped with a collar or harness to which is attached a leash
of sufficient strength to restrain the dog.
[Amended 9-12-2022 by L.L. No. 4-2022]
MENACING FASHION
The behavior of a dog which would cause a person to reasonably
believe that the dog would cause physical injury to such person.
OWNER
Any person who is a licensed owner of a dog. This term also
includes any person who owns, keeps or harbors or who 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 other
head of the household where the minor resides. Any person harboring
a dog for a period of one week prior to the filing of any complaint
charging a violation of this chapter shall be deemed to be the owner
of the dog for purposes of this chapter.
[Amended 10-24-2011 by L.L. No. 10-2011]
PERMIT TO BE KEPT
Any person who harbors a dog for an individual who lives
off the premises.
POLICE DOG
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work purposes.
PROPER ENCLOSURE
An enclosure or structure on the owner's or keeper's property
which securely confines a dog indoors or securely encloses a dog in
a locked pen or structure suitable to prevent the entry of young children
and designed to prevent the dog from escaping.
SERIOUS INJURY
Any serious injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
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 is actually used for such purpose, or any dog owned
by a recognized training center located within the state during the
period such dog is being trained or bred for such purpose.
TOWN
Includes all who reside in the Town of Victor.
VICIOUS DOG
A dog that, without provocation, bites, injures or kills
a human being, other dog, cat or domestic animal.
WAR DOG
Any dog which has been honorably discharged from the United
States armed services.
WITHOUT PROVOCATION
The dog was not teased, tormented or abused by a person or
the dog was not coming to the aid or the defense of a person who was
not engaged in illegal or criminal activity and who was not using
the dog as a means of carrying out such.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons, is actually used for such purpose and is registered with
the department; provided, however, that such services provided by
said dog shall be performed without charge or fee.
[Amended 10-24-2011 by L.L. No. 10-2011]
A. Violations.
Any person, firm or corporation who fails to comply with or violates
any provisions in this chapter shall be guilty of an offense and subject
to the penalties of that offense or offenses. Failure to comply with
an order of the court relating to this article shall be deemed a separate
offense and treated accordingly.
B. Penalties. Any person, firm, company or corporation
which neglects or refuses to do any act required by this article shall
be guilty of an offense. The penalty for the first violation is a
fine not to exceed $25. Each week that such violation, disobedience,
omission, neglect or refusal continues or arises shall be deemed a
separate offense. The penalty for the second violation within the
preceding five years is a fine not to exceed $50. The third violation
and all subsequent violations within the preceding five years have
a penalty of a fine not to exceed $100 or a term of imprisonment not
to exceed 15 days, or both. Fines will be imposed by the Judge after
due consideration of the conditions of the violation and the severity
of the offense.
[Amended 10-28-2002 by L.L. No. 10-2002; 10-24-2011 by L.L. No. 10-2011]
The Town Board shall appoint a Dog Control Officer or Officers
as needed pursuant to the Agriculture and Markets Law of the State
of New York. It shall be the duty of such Dog Control Officer or Officers,
as well as all peace officers within the Town of Victor, to enforce
appropriate provisions of this article, as well as the Agriculture
and Markets Law, with respect to dogs in the Town of Victor. The Town
Board authorizes Ontario County (or contractors thereof), the Ontario
County Sheriff's Department and the New York State Police to enforce
any provisions of this Chapter, as well as applicable provisions of
the Agriculture and Markets Law of the State of New York. In addition,
any Dog Control Officer or peace officer of the Town is hereby authorized
to serve any process related to any proceeding, whether criminal or
civil in nature, including any appearance ticket (pursuant to § 150.20
of the Criminal Procedure Law), in accordance with the provisions
of this article.
A. Authority of the Dog Control Officer. The provisions of this chapter
may be enforced by any person, municipality, or organization for the
prevention of cruelty to animals, appointed by law or pursuant to
contract with the Town of Victor.
B. Appearance tickets; filing of complaints.
(1) The Dog Control Officer is hereby authorized to issue and serve appearance
tickets after observing any violation of this article in his presence
or after receiving a signed complaint as hereinafter set forth. If
the Dog Control Officer serves said appearance ticket and it is disregarded,
the Town Justice shall permit the filing of an information from said
Officer and shall issue a warrant of arrest for such person.
(2) Any person who observes a dog causing damage or destruction to property
other than its owner's or committing a nuisance upon the premises
of a person other than its owner may file a signed complaint, under
oath, with the Town Clerk, and such complaint shall be referred by
the Clerk to the Dog Control Officer, specifying the objectionable
conduct of the dog, the date thereof, the damage caused, a description
of the dog, if known, and the name of the owner or person harboring
said dog, if known.
(3) Oral complaints made to the Town Clerk or Dog Control Officer must
include the complainant's name and address and may be used only as
a basis for investigation by the Dog Control Officer or peace officer.
[Amended 10-24-2011 by L.L. No. 10-2011]
A. The Victor Town Board may at any time by order require that all dogs
in such municipality shall be securely confined between sunset and
one hour after sunrise during the period of time designated in the
order, or, if no time is so designated, until the order is revoked.
B. Notice of such order shall be given by publication in a newspaper
or newspapers of general circulation in said municipality which shall
be designated by such governing body and by filing a copy of the order
in the office of each clerk in the area affected by such order.
C. Any dog control officer, peace officer, acting pursuant to his special
duties, or police officer shall destroy or seize any dog not confined
as required by such order, and no liability in damages or otherwise
shall be incurred on account of such destruction or seizure. A dog
shall not be deemed to be in violation of such order if accompanied
by and under the full control of the owner.
[Amended 10-24-2011 by L.L. No. 10-2011]
A. Specific protections from civil liability are offered to those who
have been attacked or to persons who have witnessed an attack by a
dog upon another person or an animal who is in any place where he
or she may lawfully be. Section 123-a of the Agriculture and Markets
Law of the State of New York outlines these remedies, which also are
permitted by this chapter.
(1) If any dog shall, without justification, attack a person, or behaves
in a manner which a reasonable person would believe poses a serious
and unjustified imminent threat of serious physical injury to a person,
when such person is peaceably conducting himself in a place where
he may lawfully be, such person or any other person witnessing the
attack or threatened attack may destroy such dog while so attacking,
and no liability in damages or otherwise shall be incurred on account
of such destruction.
(2) If any dog shall, without justification, attack a companion animal,
farm animal or domestic animal, or shall behave in a manner which
a reasonable person would believe poses a serious and unjustified
imminent threat of serious physical injury or death to a companion
animal, farm animal or domestic animal, where such animal is in any
place where it may lawfully be, the owner or caretaker of such animal,
or any other person witnessing the attack, may destroy such dog, and
no liability in damages or otherwise shall be incurred on account
of such destruction.
B. Dangerous dogs. Pursuant to § 123 of the Agriculture and
Markets Law of the State of New York, any person may make a complaint
of any attack upon a person or of an attack, chasing or worrying of
a domestic animal to the Dog Control Officer. The Officer shall immediately
inform the complainant of his right to commence a proceeding against
the owner of the dog. Further, if there is reason to believe the dog
is a dangerous dog, the Officer shall immediately commence such a
proceeding himself. Such complaint shall be resolved in accordance
with § 123 of the Agriculture and Markets Law of the State
of New York.
The Town Board may from time to time amend,
supplement, change, modify or repeal this article pursuant to the
provisions of the Town Law thereof.