[HISTORY: Adopted by the Town Board of the
Town of Bergen as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-30-2010 by L.L. No. 1-2011[1]]
[1]
Editor's Note: This local law also repealed former Art. I,
Dog Control, adopted 10-8-1990 by L.L. No. 3-1990.
The title of this article shall be "Dog Control Law of the Town
of Bergen."
This article is enacted pursuant to Article 7 of the Agriculture
and Markets Law of the State of New York together with any future
modifications thereof. All provisions of said Article 7 are applicable
and incorporated herein except where modified hereby. The relevant
portions of the Conservation Law and Public Health Law also apply,
and enforcement of this article is intended by application of the
Penal Law.
The purpose of this article is to protect the health, safety
and well-being of persons, property, wildlife, and dogs by imposing
restrictions on the keeping and running at large of dogs within the
Town. This article is being enacted because the running at large and
other uncontrolled behavior of dogs creates the risk of physical harm
to persons, damage to property, and creation of a nuisance within
the Town.
For the purpose of this article, the terms as hereinafter used
are defined as follows:
A facility operated by a veterinarian or certified animal
care persons for the purpose of treating sick or injured animals.
A dog is securely confined or restrained when it is kept
on the owner's premises either within a building, kennel 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 on any adjacent premises or on any public
street, way or place; or, if the animal is being transported by the
owner, it is securely confined in a crate, on a tether or in other
container, or so restrained within an enclosed vehicle in a safe manner
consistent with the dog's good health so that it cannot be expected
to escape therefrom (see Agr. & M.L. §§ 353 and
356, Cruelty to Animals).
Male and female, licensed or unlicensed, members of the species
Canis familiaris.
Any person authorized by the Town Board, county or state
legislature from time to time, directed or permitted to enforce the
provisions of this article or the provisions of the Agr. & M.L.
The person, persons, firm, association or corporation who:
Purchased the license for the dog and is the registered owner;
or
Professes ownership of the dog; or
Has custody or control of the dog; or
Harbors or is otherwise responsible for the dog; or
Is the parent, guardian or head of household of any minor under
18 years of age who owns or harbors the dog; or
Brings into or permits the dog to come into the Town.
For proof purposes, any person harboring, possessing or controlling
a dog for a period of one week prior to the filing of any complaint
charging a violation of this article or Agr. & M.L. shall be held
and deemed to be the owner of such dog for the purposes of this article.
Parents, guardians or heads of household, as mentioned above, shall
be deemed to have custody and control of dogs owned or harbored by
minors and shall be responsible for compliance with this article and
Agr. & M.L. in the Town.
A facility that constitutes a business for keeping dogs for
hire, or the business of raising dogs for sale, as certified by the
Town Clerk.
A person, firm, association or corporation who raises dogs
for show, competition or sale as certified by the Town Clerk.
Any real property owned by the Town, county or state located
in the Town which is used for recreational purposes by the public,
including but not limited to parks or playgrounds.
To permit dogs freedom to run in a public place or on private
lands without the knowledge, consent and approval of the owner of
such lands, or running on any public highway.
Any designated area within the boundary lines of the Town
of Bergen.
All dogs within the Town of Bergen, unless otherwise exempted
by New York State Agriculture and Market Law, must be licensed with
the Town Clerk of the Town of Bergen by the age of four months.
The owner of each dog required to be licensed shall, for new
applications and renewal applications, obtain, complete and return
to the Town Clerk:
A.
A dog license application;
B.
The license application fee;
C.
Any applicable license surcharges;
D.
Such additional fees as may be established by the Town Board of the
Town of Bergen;
E.
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;
and
F.
In the case of a spayed or neutered dog, 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 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 for a spayed or neutered dog.
Each dog licensed pursuant to this article shall be assigned,
at the time the dog is first licensed, a municipal identification
number. Such identification number shall be carried by the dog on
an identification tag which shall be affixed to a collar on the dog
at all times, except in the case of a purebred license tag. No tag
carrying an identification number shall be affixed to the collar of
any dog other than the one to which that number has been assigned.
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. No license
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.
Any license issued pursuant to this article shall not be transferable.
Upon the transfer of ownership of any dog, the new owner shall immediately
make application for a new license for such dog.
The Town of Bergen will issue purebred licenses and will provide
purebred tags (in any number), imprinted with the same purebred license
number.
The Town does not allow the licensing of dogs by a shelter.
The shelter must send the adoptive dog owners to the Town Clerk of
the town in which the dog will be harbored for licensing or to the
Town Clerk where the shelter is located for the purchase of the license
for adoption purposes.
The fees and surcharges for issuing dog licenses shall be fixed
by resolution of the Town Board and shall be on file with the Town
Clerk of the Town of Bergen. Such fees and surcharges may from time
to time be changed as the Town Board may determine. These fees and
surcharges may include:
A.
The license fee for a spayed or neutered dog;
B.
The license fee for an unspayed or unneutered dog (such fee having
to exceed the fee for a license for a spayed or neutered dog by such
amount as mandated by the New York State Agriculture and Markets Law);
C.
In addition to the license fee authorized by this article and established
by the Town Board of the Town of Bergen, a surcharge if the dog to
be licensed is altered (such surcharge shall be, at a minimum, such
amount as mandated by the New York State Agriculture and Markets Law);
D.
In addition to the license fee authorized by this article and established
by the Town Board of the Town of Bergen, a surcharge if the dog to
be licensed is not altered (such surcharge shall be, at a minimum,
such amount as mandated by the New York State Agriculture and Markets
Law);
E.
In addition to the license fee authorized by this article and established
by the Town Board of the Town of Bergen, a surcharge to recover and
defray the cost of an enumeration of dogs living within the Town of
Bergen; and
F.
In addition to the license fee authorized by this article and established
by the Town Board of the Town of Bergen, a surcharge offsetting costs
associated with the provision and replacement of identification tags.
A.
Excepted from payment of the license fee are applications submitted
for a dog license for any of the following dogs, provided written
documentation is provided with such application that certifies such
dog as being any of the following:
B.
A dog participating in a dog show within the Town of Bergen shall
be exempt, during such participation only, from the requirement contained
in § 111, as amended, of the New York State Agriculture
and Markets Law, of wearing its identification tag.
A.
Change of ownership or address. In the event of a change in the ownership
of any dog which has been assigned an official identification number
or the address of the dog owner of record, the dog 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 Agr. & M.L., § 112.1, or this article until
such filing is made or until the dog is licensed in the name of the
new owner.
B.
Lost or stolen dog. The owner of any dog which has been assigned
an official identification number and has been lost or stolen shall,
within 10 days of the discovery of such loss or theft, first contact
the Genesee County Animal Shelter and then file with the Town Clerk
a written report of such loss or theft and shall comply with § 112.2
of the Agr. & M.L. In the case of a loss or theft, the dog owner
of record shall not be liable for any violation of this article committed
after such report is filed.
C.
Dog's death. The dog owner of record shall notify the Town Clerk
of the dog's death either prior to renewal of license or upon
the time of such renewal as set forth herein and shall otherwise comply
with § 112.3 of the Agr. & M.L. Failure to so notify
the Town Clerk of the death of a dog as required herein shall constitute
a violation of this article, and the dog owner of record shall be
held liable.
The Town Board will by special resolution maintain the appointment
of a Town Dog Control Officer as required by § 113 of the
Agr. & M.L., setting compensation therein. Such Officer shall
have authority as set forth in Subdivision 4 of § 113 of
the Agr. & M.L. and shall be responsible for enforcing the Agr.
& M.L. and this article of the Town. The Town Dog Control Officer
is hereby authorized to issue an appearance ticket pursuant to § 150.20
of the Criminal Procedure Law, to serve a summons and to serve and
execute any other order or process in the execution of the provisions
of this article as specified in §§ 113.4 and 122, Subdivision
2(c), of the Agr. & M.L. The Dog Control Officer shall maintain
all reports required by Article 7 of the Agr. & M.L., specifically
Subdivisions 5 and 6 of § 113.
A.
License renewals. The Town Dog Control Officer shall periodically
review the records of the Town Clerk to ascertain dog owners who have
failed to renew dog licenses within the prescribed time period, and
shall initiate enforcement thereof by posting or personally delivering
a ten-day notice of delinquency to the dog owner of record and, if
the license is then not renewed within the ten-day period, initiate
prosecution of such act as a violation under the Penal Law in accordance
with § 118 of the Agr. & M.L. and this article.
B.
Dog census for licensing purposes. The Town Dog Control Officer will
complete a Town dog census every three years, and dog owners discovered
to be in violation of the Agr. & M.L. or this article will be
served or posted a ten-day notice of delinquency requesting the owner
to come into compliance. Thereafter, should the dog owner fail to
come into compliance within the ten-day period, the Dog Control Officer
will initiate prosecution of such act as a violation under the Penal
Law in accordance with § 118 of the Agr. & M.L. and
this article. Completed dog census reports will be kept on file with
the Town Clerk.
The Town adopts the same night quarantine of dogs invoked by
the Genesee County Legislature on April 9, 1980, in Resolution No.
89, which resolution requires that all dogs within the county shall
be securely confined by dog owners (see Section 11, Subsection B,
for exception) between sunset and one hour after sunrise. Violations
of this quarantine shall be punishable in accordance with the Agr.
& M.L. and this article, and dogs may be seized or destroyed as
authorized by the Agr. & M.L., § 121, former § 123
(see attached copy of Genesee County Legislature Resolution No. 89
of 1980).[1]
[1]
Editor's Note: Said resolution is on file in the Town
offices.
A.
It shall be unlawful for any dog owner in the Town to permit or allow
a dog to:
(2)
Run at large unless the dog is restrained by an adequate leash or
unless it is accompanied by its owner or a responsible person able
to control it by command, or on its owner's property. For the
purpose of this article, a dog or dogs hunting in company of a hunter
or hunters shall be considered as accompanied by its owner.
(3)
Engage in habitual loud howling, barking, crying or whining or conduct
itself in such a manner so as to unreasonably or habitually disturb
the comfort or repose of any persons other than the owner of such
dog.
(4)
Uproot, dig into, upset or otherwise damage any vegetables, lawns,
flowers, garden beds, garbage containers or other property not belonging
to the owner of such dog.
(5)
Destroy, kill or damage any poultry, livestock, or domestic pets
not belonging to the owner or protected wildlife.
(6)
Chase, jump upon or at or otherwise harass any 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 except when such
person may be on the owner's private property without said owner's
consent.
(7)
Habitually chase, run alongside or bark at motor vehicles, cyclists
and/or pedestrians while on a public street or highway or upon public
or private property other than property of the owner or harborer of
said dog.
(8)
Create a nuisance by defecating, urinating or digging on public or
private property other than the property of said owner.
(9)
If a female dog, be off the owner's premises while in heat except
when being transported to a veterinarian's office or when involved
in a formalized, controlled breeding program.
(10)
Run at large on any school premises or recreational areas, or
the sidewalks adjacent thereto.
B.
Establishment of the fact or facts that a dog has committed any of
the acts prohibited by this article shall be presumptive evidence
against the dog owner that he/she has failed to properly confine,
leash or control his/her dog.
A.
Town, county and state dog control officers and/or police officers
may seize any dog found:
B.
To effect seizure, officers may only use such degree of force as
shall be necessary to gain control over the dog without intentionally
injuring or harming the dog, and such dog shall be impounded and disposed
of pursuant to § 117 of the Agr. & M.L. Officers are
not authorized, hereby, to enter a building in order to seize a dog
without permission of the building owner. When permission is not given
and probable cause exists to believe that a dog is in the building
and is in violation of the Agr. & M.L. or this article, then an
officer can proceed before a court of law to obtain a warrant to enter
the building to seize the dog by application of the Criminal Procedure
Law, Article 690. The Town Dog Control Officer will maintain records
of seized, impounded, forfeited and adopted dogs as required by §§ 113
and 117 of the Agr. & M.L. and by the Genesee County Animal Shelter.
C.
The seizure of any dog shall not relieve any owner from any violation
provided for by the Agr. & M.L. and this article.
D.
No liability in damages or otherwise shall be incurred on account
of the seizure, euthanization or adoption of any dog seized pursuant
to this article on the part of the Town, county or state dog control
officers or police officers (see Agr. & M.L. § 117.11)
Following seizure of a dog pursuant to this article, it shall
be impounded pursuant to § 117 of the Agr. & M.L., and
the holding period and fee will be as set forth in § 117
Agr. & M.L. Impoundment fees shall be paid to the County Dog Control
Officer and will be credited to the respective municipality in Subdivision
5 of that law.
All dogs seized pursuant to this article will be subject to
forfeiture, adoption and euthanization as set forth in § 117
of the Agr. & M.L. and the County Animal Shelter Rules and Regulations.
The Town hereby encourages that all dogs adopted following seizure
pursuant to this article be spayed or neutered before or after release
from impoundment as the County Animal Shelter might require (see Agr.
& M.L. § 117).
This article may be enforced by either the Town Dog Control
Officer, county or state dog control officers and/or police officers.
A.
It shall be a violation, punishable as provided in § 118
of the Agr. & M.L. for:
(1)
Any dog owner to fail to license any dog that is four months of age
or older;
(2)
Any dog owner to fail to have any dog identified as required by Agr.
& M.L. § 111;
(3)
Any dog owner to violate the night quarantine noted above;
(4)
Any dog owner to knowingly affix any false or improper identification
tag; or
(5)
Any dog owner to violate any of the restrictions listed in this article.
B.
Upon a violation of this article, the Town Dog Control Officer, county
and state dog control officers and/or police officers may proceed
in accordance with § 118 Agr. & M.L.
C.
Fines and penalties for any violation of this article will be in
amounts set forth in § 118 of the Agr. & M.L.
D.
Violations of this article shall be prosecuted pursuant to the Penal
Law (see Agr. & M.L. § 118).
E.
The Town Dog Control Officer may serve appearance tickets personally
upon violating dog owners as required by law.
Dogs believed to be dangerous to human beings, domesticated
or protected animals will be proceeded against pursuant to Agr. &
M.L. § 123.
All money collected by the Justice Court as a fine, penalty
and/or bail forfeiture pursuant to this article or Article 7 of the
Agr. & M.L. shall become the property of the Town of Bergen.
A.
Any person who observed a dog in violation of this article may file
a complaint with either the Town, county or state dog control officers
and/or police officers, specifying the nature of the violation, the
date thereof, a description of the dog and the name and address, if
known, of the owner of the dog.
B.
Upon receipt by the Town, county or state dog control officers and/or
police officer of any such complaint, he/she may investigate said
complaint or he/she may summon the alleged owner to appear in person
before the Town Justice for a hearing, at which both the complainant
and owner shall have an opportunity to be represented by counsel and
to present evidence. If, after such hearing, the Town Justice decides
that further action is warranted, he/she may order:
This article shall supersede all prior local laws, ordinances,
rules and regulations relative to the control of dogs within the Town
of Bergen and they shall be, upon the effective date of this article,
null and void. This local law shall take effect on January 1, 2011,
after filing with the Secretary of State.
