[HISTORY: Adopted by the Town Board of the
Town of Brighton as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Dogs and cats in parks — See Ch. 113, § 133-7G.
[Adopted 5-25-1967; amended in its entirety 12-22-2010 by L.L. No. 4-2010, effective 1-1-2011]
This article shall be known and may be cited as the "Dog Licensing
Law of the Town of Brighton, New York."
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 people, personal property and domestic
animals from dog attack and damage and to preserve the public health,
safety and welfare by enforcing regulations and restrictions on the
activities of dogs that are consistent with the rights and privileges
of citizens of the Town.
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 amended by Part T of Chapter 59 of the
Laws of 2010, and as may be subsequently amended and supplemented.
All words, terms or phrases used herein shall have the meanings
indicated below or as defined in the Agriculture and Markets Law.
If no specific definition is set forth, all words shall have their
usual and customary meaning in the English language. Words used in
the present tense include the future, and the plural includes the
singular. The word "shall" is intended to be mandatory.
Any individual appointed by the Town Board to enforce this
article and for purposes of this article, such Animal Control Officer
shall be deemed to be a peace officer.
The Town Clerk of the Town of Brighton or his or her deputy
or agent.
Any male or female member of the species Canis familiaris.
To provide food or shelter to any dog.
A tag issued by the Clerk that sets forth an identification
number, as required by the provisions of this article.
The dog is equipped with a collar or harness to which is
attached a leash, both collar or harness and leash to be of sufficient
strength to restrain the dog, and which leash shall be held by a person
having the ability to control and restrain the dog by means of the
collar or harness and leash.
Any person who harbors or keeps or has the care and custody
of any dog. Dogs owned by minors shall be deemed to be in the custody
and control of the minor's parents, guardian or other head of household
where the minor resides.
The Town of Brighton.
All dogs in the Town of Brighton are hereby
required to be restrained by a leash no longer than 20 feet in length
while off the owner's premises, whether such dogs are or are not tagged
or licensed, except when hunting in the company and under the control
of a licensed hunter or hunters. No person who owns, keeps, harbors
or has the care, custody or control of any dog in the Town shall permit
such dog to be at large or unleashed in the said Town except as permitted
by this article.
No person shall keep or harbor a dog which howls
or barks habitually or continuously so as to disturb the peace and
quiet of other persons.
Any female dog shall be confined to the premises
of the owner while such female dog is in season.
The owner of any dog which is vicious or dangerous
to persons shall at all times restrain and control such dog so as
to prevent injury to persons lawfully conducting themselves onto property
and so as to prevent such dogs from putting any person in fear of
immediate bodily harm, provided that such person is lawfully conducting
himself or herself at the time.
The owner of a dog shall not permit such dog,
even though leashed, to do any of the following acts:
The Animal Control Officer or any peace officer
is hereby authorized to undertake whatever measures are lawful pursuant
to the provisions of the Public Health Law of the State of New York
with regard to potentially rabid dogs.
A.
License application.
(1)
The owner of any dog reaching the age of four months shall immediately
make application for a dog license, or shall make such application
within 30 days after such dog first resides in the Town. No license
shall be required for any dog under the age of four months that is
not at large or that is residing in a pound or shelter maintained
by or under contract or agreement with the state or any county, city,
town or village, any duly incorporated society for the prevention
of cruelty to animals, duly incorporated humane society or duly incorporated
dog protective society.
(2)
Application for a dog license shall be made to the Clerk and shall
be accompanied by the appropriate license fee, as specified below.
(3)
The application shall state the sex, actual or approximate year of
birth, breed, color(s), and municipal identification number of the
dog, and other identification marks, if any, and the name, address,
telephone number, county and town of residence of the owner, and such
other information as deemed necessary by the Clerk.
(4)
In the case of a spayed or neutered dog, every application shall
be accompanied by a certificate signed by a licensed veterinarian
showing that the dog has been spayed or neutered, provided that such
certificate shall not be required if the same is already on file with
the Clerk.
(5)
The application shall be accompanied by a statement certified by
a licensed veterinarian showing that the dog or dogs have been vaccinated
to prevent rabies or, in lieu thereof, a statement certified by a
licensed veterinarian stating that because of age or other reason,
the life of the dog or dogs would be endangered by the administration
of vaccine. The Clerk shall make or cause to be made from such statement
a record of such information and file such record with a copy of the
license.
B.
License fees. The fee for a dog license shall be as follows:
(1)
Unspayed/Unneutered dog: $20 per year, $15 per year for seniors over
the age of 65 (includes state-mandated surcharge of $3).
(2)
Spayed/Neutered dog: $10 per year, $7 per year for seniors over the
age of 65 (includes state-mandated surcharge of $1).
(3)
Upon submission of proper documentation, there shall be no fee charged
for the license issued for any detection dog, guide dog, hearing dog,
police work dog, service dog, therapy dog, war dog or working search
dog, as such terms are defined by the Agriculture and Markets Law.
(4)
In addition to other applicable fees, any person applying for a dog
license for a dog indentified as unlicensed during an enumeration
conducted pursuant to Subdivision 6 of § 113 of the Agriculture
and Markets Law of the State of New York shall pay an additional fee
of $50. Such additional fee shall be used to pay the expenses incurred
by the Town in conducting the enumeration. In the event that 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 enforcing this article and for spaying or neutering animals and
for offsetting costs associated with the provision and replacement
of identification tags pursuant to § 111 of the Agriculture
and Markets Law of the State of New York or for any other lawful purpose.
(5)
Any person applying for a dog license for any dog identified as unlicensed
for any prior period shall pay an additional fee equal to the fees
that would have been charged by the Town to license such dog during
the period it was unlicensed.
C.
Upon validation by the Clerk, the application shall become a license
for the dog described therein. Once an application has been validated,
no refund shall be made.
D.
The Clerk shall provide a copy of the license to the owner and retain
a record of the license in either paper or electronic format.
E.
A license shall be renewed after a period of one year beginning with
the first day of the month following the date of issuance. Renewal
shall be for a minimum of one year and shall not exceed three years,
based on the validation term of the rabies vaccination.
F.
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. The original issued identification tag shall
remain the same for the life of the dog.
G.
No dog can be redeemed out of the Town's animal shelter without first
obtaining a license from the Clerk.
A.
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, a permanent municipal identification number. Such
identification number shall be carried by the dog on an identification
tag that shall be affixed to a collar on the dog at all times.
B.
The 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.
C.
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no charge. Any replacement tag shall
be obtained by the owner at his expense at a fee of $10, subject to
change by resolution of the Town Board.
D.
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number has
been assigned.
E.
The identification tag shall be imprinted with the words "Town of
Brighton" and "State of New York," a unique identification number,
and the telephone number of the Clerk's office.
In accordance with the provisions of § 112 of the
Agriculture and Markets Law:
A.
In the event of a change in ownership of any dog that has been assigned
an identification number 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 Clerk.
B.
If any dog that has been assigned a municipal identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Clerk.
C.
In the case of a dog's death, the owner of record shall so notify
the Clerk, either prior to renewal of license or upon the time of
such renewal.
[Amended 8-13-2014 by L.L. No. 4-2014]
In accordance with § 117 of the Agriculture and Markets
Law:
A.
The Animal/Dog Control Officer shall seize:
(1)
Any dog which is not licensed, whether on or off the owner's premises.
(2)
Any licensed dog which is not in the control of its owner or custodian
or not on the premises of the dog's owner or custodian, if there is
probable cause to believe the dog is dangerous.
(3)
Any dog which poses an immediate threat to the public safety.
B.
The Animal/Dog Control Officer, when acting pursuant to his or her
special 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 such dog (if
any), the location where seized, the reason for the seizure and the
owner's name and address, if known.
C.
Each dog seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered at the expense of the
Town during the redemption period as hereinafter provided.
D.
Each dog which is not identified shall be held for a period of five days from the day seized if unlicensed at the time seized, and if licensed at the time of seizure for a period of seven days from the day the owner of said dog is notified personally of said seizure and for a period of nine days from the day of mailing by certified mail of notice of seizure to the owner of said dog if such notice is sent by mail, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this article and further provided that the owner pays the impoundment fees as established by Town Board resolution. If a dog is seized for a violation of § 40-5 hereof only and the dog is wearing an identification tag, the Animal Control Officer or peace officer shall ascertain the owner of the dog and shall give immediate notice by personally serving (or by service by certified mail, return receipt requested) such owner with a notice in writing stating that the dog has been seized and will be adopted or destroyed unless redeemed as herein provided.
E.
If, at the end of the appropriate redemption period, said dog has
not been redeemed by its owner, the owner shall forfeit all title
to the dog and it shall be available for adoption or be released to
an authorized humane society or shelter, or destroyed by the Animal
Control Officer or such Officer's designee. In the case of adoption,
the adopter must pay the incurred boarding costs to the Clerk, and
also obtain a license for such dog.
F.
Prior to releasing a dog to its owner or adopting out a dog, the Clerk shall deliver to the owner a statement of number of days the dog has been in the shelter and the costs for any veterinary care. The owner or person adopting the dog shall pay such statements and costs in full unless waived by the Clerk, pursuant to Subsection E. The owner or person adopting shall take such statement to the Animal Control Officer, whereupon the Animal Control Officer shall release such dog to the owner or adopter, as the case may be.
G.
If a dog is destroyed, the person who destroys the dog shall immediately
dispose of the dog and make a written report of such destruction and
disposition to the Town Clerk. The owner of such dog shall be responsible
for the payment of impoundment and other fees incurred prior to disposition,
and no license shall be issued to any other dog owned by such person
until all such fees have been paid in full.
H.
In the event that emergency veterinary care (minimal life support
as determined by the veterinarian) was necessary at the time of seizure
and said care was provided pursuant to 40-14C, the owner of the dog
or his agent must pay the costs incurred therefor before said dog
may be redeemed.
The Town Board shall appoint a Animal Control
Officer and may appoint one or more additional Animal Control Officers,
all to hold office at the pleasure of the Town Board.
Any Town Justice of the Town of Brighton shall
have jurisdiction to hear all complaints under this article and of
all actions and proceedings hereunder and of all prosecutions for
the violation of this article.
A.
It shall be the duty of the Animal Control Officer
to enforce the provisions of this article and to seize all dogs found
at large in violation of this article or which are ordered seized
by a Town Justice.
B.
The Animal Control Officer or a peace officer observing
a violation of this article in his or her presence shall issue and
serve an appearance ticket for such violation pursuant to the Criminal
Procedure Law of the State of New York.
A.
The owner of a dog who is issued an appearance ticket pursuant to § 40-13 hereof may answer the same by registered or certified mail, return receipt requested, within five days of the violation as provided in Subsections B and C of this section in lieu of personal appearance on the return date at the time and court specified in said appearance ticket.
B.
If a person charged with the violation admits to the
violation as charged in the appearance ticket, the person may complete
the reverse side thereof, where indicated, and mail the appearance
ticket to the office specified on such appearance ticket. Such appearance
ticket shall set forth the schedule of fines for violations of this
article, and a certified check or money order in the amount of the
fine for the violation charged must be submitted with such answer.
C.
If a person charged with the violation denies part
or all of the violation as charged in the appearance ticket, the person
may complete the reverse side thereof where indicated and mail the
appearance ticket to the office specified on such appearance ticket,
together with security in the amount of $15. Said amount must be by
certified check or money order, payable to the Town of Brighton. Upon
receipt of the same, such answer shall be entered and a new return
date established by said office. Such person shall be notified by
return mail of the date and place of such new return date, and the
security shall be returned upon appearance thereat. If a person shall
fail to appear at the new return date when such is provided for pursuant
to this section, the security posted to secure such appearance shall
be forfeited and a summons or a warrant of arrest may be issued pursuant
to the Criminal Procedure Law.
Any person who observes or has knowledge of
a dog causing damage or destruction to public property or to private
property of a person other than its owner or violating any section
of this article or committing a nuisance upon public property or upon
private property of a person other than its owner may file a signed
complaint, under oath, with a Town Justice of the Town of Brighton,
specifying the objectionable conduct of the dog, the date thereof,
the damage caused, a description of the dog and the name and residence,
if known, of the owner or other person harboring said dog.
Upon receipt by the Town Justice of any complaint
against the conduct of any particular dog, the Town Justice may summon
the alleged owner or other person harboring said dog to appear in
person before him or her. If the summons is disregarded, the Justice
may permit the filing of an information and issue a warrant for the
arrest of such person.
Unless another penalty is provided in the Agriculture
and Markets Law, any person who violates or knowingly permits the
violation of this article shall be deemed to have committed an offense
against this article and shall be subject to a fine of not more than
$25 and/or imprisonment for not more than 15 days for the first violation;
not more than $50 and/or imprisonment for not more than 15 days for
the second violation; and not more than $75 and/or imprisonment for
not more than 15 days for the third violation and all subsequent violations.
Each separate offense shall constitute a separate additional violation.
[Adopted 2-14-2001 by L.L. No. 2-2001]
[Amended 4-24-2019 by L.L. No.
4-2019]
The purpose and intent of this article shall be to preserve
the public health and welfare by declaring and enforcing certain regulations
and restrictions on the feeding of waterfowl. The Town recognizes
that the feeding of waterfowl contributes to the concentration of
such birds, that such concentrations are destructive to lawns, can
create traffic hazards, and that the resultant quantities of feces
create public safety and health concerns and reduce the aesthetic
value of public and private property.
[Amended 4-24-2019 by L.L. No.
4-2019]
As used in this article, the term "waterfowl" shall include
members of any and all species of wild aquatic birds, including but
not limited to ducks, geese and swan.
[Amended 4-24-2019 by L.L. No.
4-2019]
It shall be unlawful to provide feed, including, but not limited
to, bread, corn and other grains, for waterfowl on public or private
property.
It shall be the duty of the Animal Control Officer
to enforce the provisions of this article. The Animal Control Officer
or a peace officer observing a violation of this article in his or
her presence shall issue and serve an appearance ticket for such violation
pursuant to the Criminal Procedure Law of the State of New York. Any
person, firm or entity that violates any provision of this article
shall be deemed to have committed an offense against this article
and shall be subject to a fine of $25 for the first violation, $50
for the second violation and $100 for the third and any subsequent
violations. Each separate offense shall constitute a separate additional
violation.
