[HISTORY: Adopted by the Board of Trustees
of the Village of Newark as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 101.
[Adopted 12-7-1976 by L.L. No. 5-1976; amended 3-18-1997 by L.L. No. 2-1997]
This article shall be known as the "Animal Control
Law of the Village of Newark, New York."
[Amended 4-21-1998 by L.L. No. 1-1998]
This article is enacted pursuant to the provisions
of § 124 of the Agriculture and Markets Law of the State
of New York.
The Village Board of the Village of Newark has
determined that the running at large and other uncontrolled behavior
of licensed and unlicensed dogs have caused physical harm to persons
and damaged property and have created nuisances within the Village.
The purpose of this article is to protect the health, safety and well-being
of persons and property and to preserve public peace and good order
in the Village by establishing certain regulations and restrictions
on the activities of dogs that are consistent with the rights and
privileges of other residents of the Village.
When used in this article, unless otherwise
expressly stated, the following terms shall have the meanings indicated:
The person appointed by the Board of Trustees of the Village
of Newark to assist in the enforcement of this article, and every
dog seized by the Animal Control Officer shall be maintained, redeemed,
sold or destroyed in accordance with Article 7 of the Agriculture
and Markets Law of the State of New York.
That any such animal is securely confined or restrained or
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 in
any public street, way or place; or if the animal is being transported
by the owner, that it is securely confined in a crate or other container
or so restrained in a vehicle that it cannot be expected to escape
therefrom.
Includes any dog of either sex and of any age, unless otherwise
indicated herein.
A dog howling, barking, whining, or crying for repeated intervals
of at least 10 minutes with less than two minutes of interruption,
which can be heard by any person, including a law enforcement officer
or dog control officer, from a location outside of the owner's or
caretaker's premises.
[Added 12-16-2003 by L.L. No. 2-2003]
The party purchasing the license for the dog. If the dog
is not licensed, the term "owner" shall be construed to include any
person who 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 Village. In the event that the owner of any dog which
is found to be in violation of this article is a minor, the head 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 in violation of this article.
A dog shall be deemed to be at large if elsewhere than on
the premises of the owner while not under the control of the owner
or other responsible person, by means of a leash, cord, chain or similar
device not over six feet in length.
[Amended 8-20-2013 by L.L. No. 3-2013]
No person being the owner or the agent of the
owner of any dog shall permit such dog to commit any nuisance within
the Village of Newark or cause damage to the person or property of
others. The following are declared to be public nuisances and are
set forth herein for explanatory purposes only and are not to be considered
as excluding other types of nuisances; and the establishment of the
fact that the owner of a dog has allowed or permitted such dog to
commit any of the acts hereinafter prohibited shall be presumptive
evidence against the owner or harborer of such dog that he or she
has failed to properly confine or control said dog:
A.
Engaging
in habitual or continuous loud howling and/or habitual barking, crying
or whining, or so conducting itself in such a manner so as to unreasonably
and habitually disturb the comfort or repose of any person other than
the owner of such dog.
B.
Chasing and/or
barking at motor vehicles while on a public street or highway or upon
public or private property other than the property of the owner or
harborer of said dog.
C.
Jumping upon,
chasing or otherwise harassing 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.
D.
Being found
upon the school grounds of any school within the Village of Newark
during the time of year when said schools are open, and between one
hour prior to commencement of the school day and one hour after the
end of the school day, or upon a playground within said Village of
Newark at any hour during the time of year when playground activities
are conducted. However, the Principal of each school may provide written
permission to allow any licensed "service canine," "companion canine"
or canines required at special events, full access to the school and
school grounds. This exemption to this section will only be allowed
while the animal is accompanied by the owner or handler.
E.
Running together
in a pack or in any way forming a pack of dogs. For the purpose of
this article, the word "pack" is hereby defined to mean three or more
dogs.
F.
Defecating,
urinating, digging or otherwise damaging public property or private
property other than the property of said owner.
Any dog which shall attack any person or domestic
animal within the meaning of Article 7 of the Agriculture and Markets
Law of the State of New York shall be dealt with in accordance with
Article 7 of said Agriculture and Markets Law.
[Amended 4-21-1998 by L.L. No. 1-1998]
The Animal Control Officer or any peace officer
is hereby authorized to seize or direct the confinement of any dog
which is reported to have attacked or injured a human being. Any such
dog shall be confined by the owner of such length of time as may be
necessary for the purpose of determining whether such dog is affected
by rabies, and if so affected, it may be disposed of in accordance
with the laws of New York State.
A.
Any person who observes or has knowledge of a dog
violating any provision of this article may file a signed complaint
under oath with the Animal Control Officer, specifying the objectionable
conduct of the dog, the date thereof, the description of the dog and
the name and address, if known, of the owner or other person harboring
said dog.
B.
Upon receipt by the Animal Control Officer of any
such complaint, or in the event that any dog is found by the Animal
Control Officer to be in violation of any provision of this article,
the Animal Control Officer shall, if possible, seize and take into
custody said dog and, in any event, issue or deliver to the owner
of said dog an appearance ticket pursuant to § 114, Subdivision
4, of the Agriculture and Markets Law of the State of New York, detailing
the violations and instructing the owner to appear before the Justice
Court of the Village of Newark, or to answer such appearance ticket
by registered or certified mail, return receipt requested, within
five days of the date of such violation. If said appearance ticket
is disregarded by such person, the Animal Control Officer or complainant
may file an information with said Court, which Court shall then issue
a warrant for the arrest of such person.
[Amended 4-21-1998 by L.L. No. 1-1998]
C.
The Newark Police Department shall, along with the
Animal Control Officer, be charged with the enforcement of this article.
The Animal Control Officer shall report as needed to the Newark Police
Department.
D.
In the event that any dog has been seized or taken
into custody by the Animal Control Officer, its owner shall be required
to pay to the Village Clerk of the Village of Newark the sum as set
forth from time to time by resolution of the Village Board for each
day during which said dog shall be boarded by the Animal Control Officer.
[Amended 4-21-1998 by L.L. No. 1-1998]
B.
The annual local fee for each purebred license issued
pursuant to Subdivision 2 of § 110 of the Agriculture and
Markets Law shall be $25.
C.
There shall be no fee for any license issued for any
guide dog, hearing dog, service dog, war dog or police work dog. Each
copy of any license for such dogs shall be conspicuously marked "Guide
Dog," "Hearing Dog," "Service Dog," "War Dog" or "Police Dog," as
may be appropriate, by the Clerk or authorized Dog Control Officer.
[Amended 4-21-1998 by L.L. No. 1-1998]
Except as otherwise provided in § 119
of the Agriculture and Markets Law, upon conviction, a violation of
any of the provisions or restrictions of this article shall be punishable
by a maximum fine of $250 or by a term of imprisonment of not more
than 15 days, or both.
[Adopted 12-21-2010 by L.L. No. 1-2010]
The title of this article shall be "the Dog Licensing Law of
the Village of Newark, County of Wayne."
This article is enacted pursuant to the provisions of Chapter
59, Part T of the Laws of 2010; Article 7 of the Agriculture and Markets
Law; and the Municipal Home Rule Law of the State of New York.
The Village Board of the Village of Newark, County of Wayne
hereby finds and declares that the purpose of this article is to provide
for the licensing and identification of dogs.
All terms not specifically deemed herein shall have the meaning
assigned to such terms within § 108 of the Agriculture and
Markets Law of the State of New York. As used in this article, the
following terms shall have the meanings indicated:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article, and as thereafter amended.
A tag issued by the Village Clerk which sets forth the identification
number together with the name of the Village and state, the telephone
number of the Village Clerk, and any other information deemed necessary
by the Village Clerk.
Any person who harbors or keeps any dog or other animal.
The person in whose name a dog was last licensed pursuant
to this article.
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
An individual who maintains a residence within the Village
of Newark, County of Wayne, State of New York.
To be in a public place or on private land without the knowledge,
consent, and approval of the owner of such lands.
The Town of Arcadia, County of Wayne, State of New York.
A.
No person shall own or possess a dog within the Village unless such
dog is licensed and identified as provided in Article 7 of the Agriculture
and Markets Law and laws of the Village.
B.
All dogs within the Village that are four months of age or older,
unless otherwise exempted, shall be licensed. No license shall be
required for any dog which is under the age of four months and which
is not at large.
C.
The owner of each dog required to be licensed shall obtain, complete
and return to the Village Clerk of the Village a dog license application
together with the license application fee, any applicable license
surcharges and such additional fees as may be established by the Village.
The Village does not allow the licensing of dogs by a shelter.
The shelter must send the adoptive dog owners to the Village Clerk
of the Village in which the dog will be harbored for licensing.
Any dog harbored within the Village which is owned by a resident
of New York City or licensed by the City of New York, or which is
owned by a nonresident of New York State and licensed by a jurisdiction
outside the State of New York, shall for a period of 30 days be exempt
from the licensing and identification provisions of this article.
Each 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.
Each license issued pursuant to this article shall be valid
for a period of one year and shall expire on the last day of the last
month of the period for which it was issued. No license shall be issued
for a period expiring after the last day of the eleventh month following
the expiration date of the current rabies certificate for the dog
being licensed.
B.
State-mandated animal population control surcharge:
(1)
Each individual dog license for a spayed or neutered dog shall be
subject to an animal population control surcharge in the amount of
$1, payable at the time the dog license application is filed.
(2)
Each individual dog license for an unspayed or unneutered dog shall
be subject to an animal population control surcharge in the amount
of $3, payable at the time the dog license application is filed.
C.
Dog enumeration surcharge. Each dog found to be unlicensed during
a Village dog enumeration shall be subject to a dog enumeration surcharge
of $5, payable at the time of the application is filed to license
said dog.
D.
Replacement tag fee. A replacement tag fee of $3 shall be charged
to offset the costs associated with the provision and replacement
of identification tags.
E.
Late fee. A late fee for the licensing of dogs in the amount of $5
shall be imposed for dogs licensed over 60 days late. The late fee
for senior citizens (age 65 and over) shall be $2.50.
F.
Redemption fee. A redemption fee of $45 per day, including weekends,
shall be imposed by the Village Clerk for any dog impounded by the
Animal Control Officer. The owner shall also be liable for boarding
fees incurred to the Humane Society of Wayne County.
[Amended 3-17-2015]
G.
Refund of fees. The Village will not refund or prorate dog license
fees.
A.
Upon validation by the Village Clerk of the Village, a dog license
shall be issued and a record of its issuance retained in the office
of the Village Clerk of the Village. Such record shall be made available
upon request to the State Commissioner of Agriculture and Markets,
or successor thereof.
B.
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.
C.
Change of ownership; lost or stolen dogs.
(1)
Upon the transfer of ownership of any dog, the new owner shall immediately
make application for a license for such dog. The original issued identification
tag shall remain the same for the life of the dog.
(2)
In the event of a change in ownership of any dog which has been assigned
an official identification number or in the event of a change of 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.
(3)
If any dog which has been assigned an official identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Town Clerk.
(4)
In the case of a dog's death, the owner of record shall so notify
the Village Clerk either prior to renewal of license or upon the time
of such renewal.
D.
Identification tag.
(1)
The Village Clerk shall assign a permanent official 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.
(2)
An identification tag is not required to be worn while the dog is
participating in a dog show.
(3)
The official permanent identification number shall constitute the
official identification of the dog to which it is assigned, regardless
of changes of ownership, and the number shall not be reassigned to
any other dog during the lifetime of the dog to which it is assigned.
(4)
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
(5)
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no additional charge. Any replacement tag shall be obtained by the owner at the owner's expense. Any person wishing to replace a tag previously issued shall pay the sum of $3 to the Village Clerk for a replacement tag as referenced in § 52-21 above.
A.
The owner of one or more purebred dogs registered by a recognized
registry association as defined in Agriculture and Markets Law, § 108,
may annually make an application for a purebred license, in lieu of
or in addition to the individual licenses required by this article.
A purebred license shall be valid for a period of one year beginning
with the first day of the month following the date of issuance and
shall be renewable annually thereafter prior to the expiration date.
B.
The purebred dog license application shall state the name, address
and telephone number of the owner; the county and town where such
dogs are harbored; the sex, breed, registry name and number of each
purebred registered dog over the age of four months which is harbored
on the premises; and the sex and breed of each purebred dog over the
age of four months which is harbored on the premises and which is
eligible for registration. The application shall also include a statement
by the owner that all purebred dogs over the age of four months which
are harbored on the premises have been listed.
C.
The application shall be accompanied by the license fee prescribed
by this article and a certificate of rabies vaccination or statement
in lieu thereof, as required by this article and Article 7 of the
State Agriculture and Markets Law.
D.
Upon receipt of the foregoing items, the clerk shall assign a license
number, which shall be reserved for the sole use of the named owner,
and shall issue a purebred license. Once a purebred license has been
issued, no refund therefore shall be made.
F.
No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of Subsection A of this section, except when the new owner holds a valid purebred license.
G.
Fees.
(1)
If no more than 10 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application: $35;
(2)
If no more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application: $60;
(3)
If more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application: $110;
(4)
Each purebred dog license shall be subject to an animal population
control surcharge in the amount of $1 for each spayed/neutered dog
and $3, for each unspayed/unneutered dog payable at the time the dog
license application is filed.
Any person convicted of a violation of this article shall be
liable for a civil penalty of $25 for a first violation; of $50 for
a second violation; and $75 for each subsequent violation.
The Village of Newark may, by resolution, amend the fees to
be charged and penalties to be imposed under this article.
This article shall supersede all prior inconsistent local laws,
ordinances, rules and regulations relative to the licensing of dogs
within the Village. All prior inconsistent local laws, ordinances,
rules and regulations shall be, upon the effectiveness of this article,
null and void.
The provision of this article are declared to be severable,
and if any section, subsection, sentence, clause or part thereof is,
for any reason, held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of any remaining sections, subsections, sentences, clauses or part
of this ordinance.
This article shall be effective January 1, 2011, after filing
with the Secretary of State.
