[HISTORY: Adopted by the Town Board of the Town of Rush as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 83.
[Adopted 12-8-2010 by L.L. No. 5-2010[1]]
[1]
Editor's Note: This article also superseded former Ch.
28, Animals, comprised of Art. I, Dog Control, adopted 12-19-1974
by L.L. No. 2-1974, as amended; and Art. II, Dog License Fees, adopted
9-11-1996 by L.L. No. 2-1996, as amended.
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, as may be subsequently amended and supplemented.
The purpose of this article is to provide for the licensing
and identification of dogs, the control and protection of the dog
population, and the protection of persons, property, domestic and
farm animals, and other animals raised for commercial purposes from
dog attacks and damage.
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.
An unleashed dog off the premises of the dog's owner.
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, cat, farm animal and/or companion animal (as defined under New
York State law) and causes physical injury or death to the same.
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.
A person or persons appointed by the Town for the purpose
of enforcement of this article and/or Article 7 of the New York Agricultural
and Markets Law.
Male and female, licensed and unlicensed, members of the
species canis familiaris.
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.
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.
A dog that is equipped with a collar to which is attached
a leash not more than 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.
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.
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.
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.
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.
Any dog which has been honorably discharged from the United
States armed services.
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.
A.Â
All dogs owned, kept, harbored or cared for within the Town of Rush
that are four months of age or older, unless otherwise exempted, shall
be licensed by the Town of Rush.
B.Â
The following dogs are exempt from the licensing requirements of
this article.
(1)Â
Any dog harbored within the Town of Rush which is owned by a nonresident
of New York State and licensed by a jurisdiction outside the State
of New York for a period of 30 days;
(2)Â
Any dog held at a shelter pursuant to an agreement with a county,
city, town, village or duly incorporated society for the prevention
of cruelty to animals, humane society or dog protective association;
and
(3)Â
Any dog harbored within the Town of Rush which is owned by a resident
of the State of New York and licensed by a jurisdiction within the
State of New York for a period of less than 15 days.
A.Â
The owner of each dog required to be licensed shall complete with
the Town Clerk of the Town of Rush a dog license application, together
with the applicable fees.
B.Â
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.Â
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.Â
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.
The Rush Town Clerk's office shall not issue purebred or
kennel licenses. All dogs shall be licensed individually in accordance
with fees established.
A.Â
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.Â
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. In the event that an identification tag is lost, the Town Clerk, upon request of the owner, shall issue a replacement tag at a fee in such amount as authorized by § 28-8D.
C.Â
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.Â
The identification tag shall be imprinted with the words "State of
New York," "Town of Rush," a unique identification number, and the
telephone number of the Town Clerk's office.
All fees shall be used in funding the administration of the
Dog Control Law of the Town of Rush.
A.Â
The annual fees for licensing of dogs pursuant to this article shall
be in such amounts as the Town Board may, from time to time, establish
by resolution.
B.Â
In accordance with the provisions set forth in § 110, Subdivision
3, of the New York Agriculture and Markets Law, each applicant for
a dog license shall also pay a New York State surcharge for the purpose
of carrying out the animal population control program.
C.Â
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.
D.Â
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.
E.Â
An unlicensed dog found during an enumeration conducted shall pay
a fee of $5. Such additional fee shall be the property of the Town
and shall be used to pay the expenses incurred in conducting the enumeration.
In the event the additional fees collected exceed the expenses incurred
by the Town in conducting an enumeration in any year, such excess
fees may be used by the Town for any other lawful purpose.
A.Â
In the event of a change in ownership of any dog which has been licensed
pursuant to this article or in the address of the owner of record
of any such dog, the owner of record shall, within 10 days of such
change, notify the Town Clerk. Such owner of record shall be liable
for any violation of this article until such notification is made
or until the dog is licensed in the name of the new owner.
B.Â
If any dog which has been licensed pursuant to this article is lost
or stolen, the owner of record shall, within 10 days of the discovery
of such loss or theft, notify the Town Clerk. In the case of a loss
or 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.
C.Â
In the case of a dog's death, the owner of record shall notify
the Town Clerk either prior to renewal of licensure or upon the time
of such renewal as set forth by the Town Clerk.
A.Â
It shall be unlawful for any owner of any dog in the Town of Rush
to permit such dog to howl, bark, cry or whine habitually or continuously
at a frequency or level which disturbs the peace, quiet and comfort
of any person other than the owner of such dog at any time of day
or night.
B.Â
It shall be unlawful for any owner of any female dog in the Town
of Rush to permit or allow such dog off the premises of the owner
or leave such dog out-of-doors and unconfined while such dog is in
heat.
C.Â
It shall be unlawful for any owner of any dog in the Town of Rush
to 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 the private property of someone
other than the owner of the dog without the consent or approval of
the owner of such property.
D.Â
It shall be unlawful for any owner of any dog in the Town of Rush
to permit or allow such dog to destroy property of another property
owner.
E.Â
It shall be unlawful for any owner of any dog in the Town of Rush
to permit or allow such dog to commit a nuisance in a public street,
public building, public park or on any private property except with
the consent of the owner of such other property.
F.Â
It shall be unlawful for any owner of any dog in the Town of Rush
to permit or allow such dog to chase, jump upon or at, or otherwise
harass any person in such manner as to reasonably cause intimidation
or fear or to put such person in reasonable apprehension of bodily
harm.
G.Â
It shall be unlawful for the owner of any dog to permit the premises,
structures or enclosures in which such dog is kept to be unclean or
unsanitary.
H.Â
It shall be unlawful for the owner of any dog to permit or allow
such dog to run at large in the Town of Rush. All dogs shall be accompanied
by the owner or a responsible person and under the full control of
such owner or person on a leash affixed to the dog's collar not
to exceed eight feet in length. 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 the owner.
A.Â
Any person who violates or knowingly permits violation of this article
shall be subject to a fine of not more than $75, except that, where
the person was found to have violated this article or Article 7 of
the New York Agriculture and Markets Law within the preceding five
years, a fine up to $150 may be charged; 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 in an amount up to $300.
B.Â
Nothing contained in this section is intended to eliminate, reduce,
diminish or replace the provisions set forth in Section123 of the
New York Agriculture and Markets Law relating to fines, civil penalties
or imprisonment with respect to dog violations.
Any Town Justice of the Town of Rush shall have jurisdiction
to hear all actions and proceedings hereunder and of all prosecutions
for the violation of this article.
All complaints concerning alleged violations of this article
shall be communicated to the Dog Control Officer or Deputy Dog Control
Officer. All such complaints shall be investigated, and it shall be
the duty of the Dog Control Officer or the Deputy Dog Control Officer
in the appropriate case to proceed with the enforcement of this article
or any other provision of law pertaining hereto.
The Dog Control Officer or Deputy Dog Control Officer is empowered
to issue appearance tickets to any such persons who violate any provisions
of this article. The appearance ticket shall be in the form prescribed
by the Town Board by resolution in accordance with provisions of Section
122 of the New York Agriculture and Markets Law and this article.
An answer to such appearance ticket may be made within five days of
the violation, by registered or certified mail, return receipt requested,
in lieu of a personal appearance on the return date at the time and
court specified in the appearance ticket, in accordance with the provisions
of Section 122 of the New York Agriculture and Markets Law and this
article.
In accordance with the provisions set forth in Section117 of
the New York Agriculture and Markets Law:
A.Â
It shall be the duty of the Dog Control Officer or Deputy Dog Control
Officer to enforce the provisions of this article and to seize all
dogs found in violation of this article or which are ordered seized
by a Town Justice.
B.Â
The Dog Control Officer, when acting pursuant to his or her duties,
shall make and maintain a complete record of any seizure and subsequent
disposition of any dog. Such record shall include, but not be limited
to, a description of the dog, the date and hour of seizure, the municipal
identification number of the dog (if any), the location where seized,
the reason for the seizure and the owner's name and address,
if known.
C.Â
For any dog seized pursuant to § 28-15A above, the following notification and redemption procedures shall be followed:
(1)Â
Unidentified dogs, whether or not licensed, shall be held for a period
of three days from the day seized, during which time the owner may
redeem the dog.
(2)Â
For identified dogs, whether or not licensed, the owner shall be
notified personally or by certified mail, return receipt requested,
of the facts of the seizure and the redemption procedures. The dog
shall be held for three days after the day of notice.
D.Â
In either case above, the owner must produce proof of licensing and
pay seizure and impoundment fees in order to redeem the dog. The seizure
and impoundment fees shall be as set from time to time by the Town
Board and in accordance with the provisions of Section 117 of the
New York Agriculture and Markets Law.
E.Â
If not so redeemed by the end of the appropriate redemption period,
the owner shall forfeit all title to the dog. The dog shall then be
taken to a humane society or shelter which will be empowered to adopt
or euthanize the dog. The society shall submit to the Town a record
of those dogs adopted or euthanized.
F.Â
Prior to releasing a dog to its owner or adopting out a dog, the
owner must pay all accrued charges to the Town Clerk and obtain a
license for such dog.
A.Â
Each separate provision of this article shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
B.Â
This article shall supersede all prior local laws, ordinances, rules
and regulations relative to the licensing, identification and control
of dogs within the Town of Rush, which shall, upon the effectiveness
of this article, become null and void.
C.Â
This article shall take effect January 1, 2011, after filing with
the New York Secretary of State.
