[HISTORY: Adopted by the Town Board of the Town of Fenton 12-29-2010 by L.L. No.
1-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 55,
Animals, comprised of Art. I, Control of Dogs, adopted 12-22-1976
as Ch. 54 of the 1976 Code, as amended; and Art. II, Redemption Period
for Impounded Dogs, adopted 12-27-2000 by L.L. No. 7-2000.
The title of this chapter shall be "Licensing, Identification,
and Control of Dogs in the Town of Fenton."
This chapter is adopted pursuant to Article 7 of the Agriculture
and Markets Law of the State of New York.
The purpose of this chapter is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of persons, property, and other animals
from dog attack and damage.
A.
This chapter shall apply to all areas of the Town of Fenton.
B.
In the event that any dog owned by a nonresident of the Town of Fenton
is harbored within the Town for a period of 30 days or less, such
dog shall be exempt from the identification and licensing provisions
of this chapter provided such dog is licensed pursuant to the provisions
of law in the area of residence.
C.
This chapter shall not apply to any dog confined to the premises
of any public or private hospital devoted solely to the treatment
of sick animals, or confined to an animal shelter devoted to the impounding
and caring of animals.
As used in this chapter, the following words shall mean:
Shall refer to a dog that has been spayed or neutered.
An unleashed dog not under control of the owner and off the
premises of the owner.
Shall refer to any "guide dog," "hearing dog," "service dog,"
"working search dog," "war dog," "detection dog," "police work dog,"
or "therapy dog" as defined by this chapter and Article 7 of New York
State Agriculture and Markets Law, and is duly licensed by any licensing
municipality within Broome County, New York, and wearing a Broome
County working dog tag.
Any dog or cat, and shall also mean any other domesticated
animal normally maintained in or near the household of the owner or
person who cares for such other domesticated animal. "Companion animal"
shall not include a "domestic animal" as defined in this section.
Shall have the meaning set forth in the New York Agriculture
and Markets Law, including § 108(24) of said law or any
revision or renumbering thereof.
Any member of the species canis familiaris.
Any individual appointed by the Town to assist in the enforcement
of this chapter or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated dog protective
association under contract with the Town to assist in the enforcement
of this chapter.
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer, whitetail deer which is raised under license from the New
York State Department of Environmental Conservation, llama, goat,
swine, fowl, duck, goose, swan, turkey, confined domestic hare or
rabbit, pheasant or other bird which is raised in confinement under
license from the New York State Department of Environmental Conservation
before release from captivity, except that the varieties of fowl commonly
used for cock fights shall not be considered domestic animals for
the purposes of this chapter.
As used in this chapter, any ungulate, poultry, species of
cattle, sheep, swine, goats, llamas, horses or fur-bearing animals,
as defined in the New York State Environmental Conservation Law, which
are raised for commercial or subsistence purposes. "Fur-bearing animal"
shall not include dogs or cats.
Any dog that is trained to aid a person who is blind and
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 purpose.
Unprovoked habitual loud howling, barking, crying, whining,
or other noise, or conduct that unreasonably and habitually annoys
and/or disturbs any person other than the owner of such dog, for five
minutes with four or more vocalizations per minute, or for 20 minutes
with two or more vocalizations per minute, on seven or more occasions
in any seven-day period.
To provide food or shelter to any 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 of New York during the period
such dog is being trained or bred for such purpose.
A tag issued by the Town of Fenton or other licensing municipality
which sets forth an identification number, together with the name
of the municipality, the State of New York, contact information, including
telephone number for the municipality, and such other information
as the licensing municipality deems appropriate.
Any dog carrying an identification tag.
Any county, town, city or village.
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of January 1, 2011, and as amended
thereafter.
Any person who harbors or keeps any dog. If a dog is not
licensed, the term of "owner" shall mean and cover any person or persons,
firm, association or corporation who or which at any time owns or
has custody or control of, harbors, or is otherwise responsible for
any animal which is kept, brought or comes within the Town. Any person
owning or harboring a dog for a period of one week prior to the filing
of any complaint charging a violation of this chapter shall be held
and deemed to be the owner of such dog for the purpose of this chapter.
In the event any dog found to be in violation of this chapter shall
be owned by a minor (under 18 years of age), 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 and
violation of this chapter.
The person purchasing the license or in whose name any dog
was last licensed. An owner of record shall be 18 years of age or
older.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
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.
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 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.
The area within the limits of the Town of Fenton.
The Town of Fenton Board.
The Fenton Town Clerk.
Any dog that is not spayed or neutered.
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 is actually used for such purpose.
A.
Application for original license.
(1)
The owner of any dog reaching the age of four months shall immediately
make application to the Town Clerk for a dog license on a form provided
by the Town Clerk's office. No license shall be required for any dog
which is under the age of four months and which is not at large, or
any dog that is residing in a pound or shelter maintained by or under
contract or agreement with the State of New York or any county, city,
town or village, duly incorporated society for the prevention of cruelty
to animals, duly incorporated humane society or duly incorporated
dog protective association.
(2)
In the case of an unlicensed dog being redeemed by the owner or a
dog being adopted from a shelter or pound, said owner or adopter shall
obtain a license from the Town, prior to the release from the shelter.
B.
Rabies vaccination required. All applications for dog licenses shall
be accompanied by a valid rabies certificate signed by a licensed
veterinarian or, in lieu thereof, a statement certified by a licensed
veterinarian stating that the dog is too young to be vaccinated or
because of old age or another reason, the life of the dog would be
endangered by the administration of vaccine. A copy of the rabies
certificate or certified statement shall be made and attached to the
Clerk's copy of the application. In the case of an unlicensed dog
being redeemed by the owner or a dog being adopted from a shelter,
copies shall be forwarded to the Town Clerk. Such records shall be
kept on file by the Town Clerk and be made available upon request
for rabies and other animal disease control efforts.
C.
Spay/neuter certificates. 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. 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 cases, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in Subsection G of this section.
D.
License. Upon receiving a complete application, the required documents
and the fee, the Town Clerk shall issue a license and tag. The Town
Clerk's copy shall be kept on file in accordance with the Records
Retention and Disposition Schedule MU-1 issued by the New York State
Archives and Records Administration.
E.
Expiration of license. An original license shall be issued for a
period of one year, and shall expire on the last day of the month
one year from the date of issue.
F.
License renewal.
(1)
License renewal forms shall be mailed by the Town Clerk.
(2)
A new rabies certificate shall be required if the one on record has expired or expires within 30 days of the date of renewal. An in-lieu-of statement as described in Subsection B of this section may be substituted for a rabies certificate. New rabies certificates and statements shall be copied and attached to the Town Clerk's copy of the renewal.
(3)
A spay/neuter certificate shall not be required if one is already
on file with the Town Clerk. In a case where the dog has been altered
during the preceding year, the certificate shall be presented to the
Town Clerk in order to receive the reduced fee for an altered dog.
The Town Clerk shall make a copy of the certificate and attach it
to the original license on file.
(4)
The renewal shall expire on the last day of the month in the same
month that it was originally issued (i.e., a license originally issued
in January will always expire in January.)
(6)
Renewing early or late does not change the renewal month. However,
owners having more than one dog may request common renewal dates for
their licenses, which may be granted at the discretion of the Town
Clerk, provided that all other licensing and renewal requirements
are met. No licensing fees will be prorated, refunded, or waived when
accommodating such a request.
(7)
Upon renewal the Town Clerk shall provide a validated license to
the owner. The Clerk's copy shall be kept on file in accordance with
the Records Retention and Disposition Schedule MU-1 issued by the
New York State Archives and Records Administration.
G.
License fees.
(1)
The Town Board may establish a schedule of fees pertaining to the
licensing, identification and enumeration of dogs, including late
fees. The most current fee schedule will be kept on file in the office
of the Fenton Town Clerk for public inspection and published in the
Schedule of Fees contained in the Town Code.[2]
(2)
All applications for original licenses or renewals shall be accompanied
by a fee established by the Town Board.
(3)
No license fees are refundable or partially refundable in the event
that a dog is lost, stolen, sold, given away, surrendered or deceased
before the expiration of the license.
(4)
An additional fee may be established by the Town Board should a dog
be identified as unlicensed during an enumeration.
H.
Exemptions to license fees. Licenses for any guide dog, hearing dog,
service dog, war dog, working search dog, detection dog, police work
dog or therapy dog shall be exempt from license fees. Each copy of
any license for such dogs shall be conspicuously marked "guide dog,"
"hearing dog," "service dog," "working search dog," "war dog," "detection
dog," "police work dog," or "therapy dog," as may be appropriate,
by the Town Clerk. Pursuant to Article 7 of New York State Agriculture
and Markets Law, said dogs are not exempt from the mandated population
control fee.
I.
Identification of dogs.
(1)
When a dog is originally licensed, a Town of Fenton identification
number will be assigned and an identification tag shall be issued,
which shall be worn by the dog at all times.
(2)
Existing New York State Agriculture and Markets dog licenses being
renewed or transferred from another municipality shall be assigned
a Town of Fenton identification number and an identification tag shall
be issued. The New York State Agriculture and Markets tag or other
municipality's tag shall be discarded and the Town of Fenton tag shall
be worn by the dog at all times.
(3)
A dog participating in a dog show is exempted from wearing an identification
tag only for the duration of the show.
(4)
No identification tag shall be affixed to the collar of any dog other
than the dog to which it was assigned.
(5)
Any guide dog, hearing dog, service dog, war dog, working search
dog, detection dog, police work dog or therapy dog shall be issued
a Town of Fenton identification tag and a Broome County working dog
tag. Both tags shall be worn by the dog at all times.
(6)
Lost tags shall be replaced at the expense of the owner at a fee
set by the Fenton Town Board.
J.
Change of address. When there is a change of address for the owner
of record, the owner shall notify the Town Clerk's office of such
change. If the change is still within the Town of Fenton, the Town
Clerk will make the appropriate updates to the dog license record.
If the change is located outside the Town of Fenton, the Town Clerk
shall make a note in the record. The Clerk shall forward a copy of
the license to the clerk of the municipality to which the owner has
moved, informing said clerk that the dog now resides in his or her
municipality.
K.
Change of ownership. In the event of a change in the ownership of
any dog licensed in the Town of Fenton, the new owner shall immediately
make application for a license for such dog. There shall be no fee
for transfers of ownership within the Town. Additionally, the original
owner of record shall notify the Town Clerk's office of the change
of ownership. Such original owner of record shall be liable for any
violation under this chapter until such filing is made or until the
dog is licensed in the name of the new owner.
L.
Lost, stolen or deceased dog. If any dog which has been licensed
in the Town is lost, stolen or deceased, the owner of record shall
notify the Town Clerk's office within 10 days of the discovery of
such loss, theft or death.
M.
Lists of licensed dog owners. No dog licensing records, information,
or lists shall be made available to any person or company for commercial
purposes.
N.
Purebred licenses. Purebred licenses are not offered in the Town
as an alternative to individual dog licenses.
A.
It shall be unlawful for any owner of a dog to permit or allow such
dog to:
(1)
Run at large.
(2)
When within the limits of the Town, be off the owner's property unless
restrained and controlled by an adequate collar and a leash not exceeding
eight feet in length.
(3)
Engage in habitual parking or annoying conduct.
(4)
Cause damage or destruction to property or defecate, or otherwise
commit a nuisance, other than on the property of the owner of such
dog.
(5)
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.
(6)
Chase, run alongside, or otherwise harasses any motor vehicle, motorcycle,
bicycle, carriage or any other vehicle or device used by persons for
travel or any riders or occupants thereof while said vehicle or device
is on a public highway or private property other than property of
the owner of said dog. For purposes of this section, a horse or other
animal shall be considered a vehicle or device.
B.
It shall be unlawful for any owner of a dog to:
(1)
Fail to license any dog at the age of four months or older, or allow
any dog to be unlicensed due to failure to renew a dog license.
(2)
Fail to have any dog identified by a valid and current Town dog license
identification tag.
(3)
Knowingly affix to any dog any false or improper identification tag
or any identification tag belonging to another dog.
(4)
Fail to confine, restrain or present such dog for any lawful purpose
pursuant to this chapter or Article 7 of New York State Agriculture
and Markets Law.
(5)
Furnish any false or misleading information on any license or form
required by the Town, the Fenton Dog Control Officer, or any shelter
or pound servicing the Town.
(6)
Fail to notify the Town Clerk of any change of ownership, change
of address, death or loss of any dog licensed in the Town.
C.
Establishment of the fact or facts that a dog has committed any of
the acts prohibited by this chapter shall be presumptive evidence
against the owner of such dog that he/she has failed to properly confine,
leash or control his/her dog.
A.
Any owner who allows a dog to defecate on any public or private property,
other than the property of the owner, shall immediately clean up the
feces, place it in a container or bag, and deposit it in a container
used for the disposal of refuse.
B.
In no event shall any feces be deposited in the Town sewer system,
storm drains, or any streams or ponds.
All premises occupied by dogs shall be kept in a clean, sanitary
condition. Adequate food, water, shelter and space must be provided
for each dog owned. For the purpose of this section, "adequate" shall
mean sufficient for age, size and number of dogs on the premises.
All female dogs, while in season (heat), shall be confined to
the premises of their owner and may not be left outside unattended,
except in a secure pen or other enclosure. Any owner not adhering
to this section shall be subject to having the dog seized by the Dog
Control Officer and removed to a shelter or pound for confinement.
The owner of any dog seized pursuant to this section shall be subject
to an impoundment fee plus the shelter's usual boarding fees for time
spent in the shelter. In the event that the dog is released from the
shelter before the end of its cycle, the owner must demonstrate to
the shelter manager that the dog shall be sufficiently confined elsewhere.
A.
If a domestic, farm or companion animal is injured or killed as a
result of being attacked, chased or worried by any dog, the owner
of said dog shall be responsible to the owner of the injured or killed
animal for damages. Such liability shall be in addition to any other
or different remedies in the law, including those in Article 7 of
the Agriculture and Markets Law. The owner of such injured or killed
animal may make a complaint to the Dog Control Officer or a police
officer who shall proceed pursuant to the dangerous dog section of
Article 7 of New York State Agriculture and Markets Law.
B.
In no event shall the Town be held liable for any damage done by
any dog.
A.
In the event the Town has reason to believe that a dog is a dangerous
dog, it shall proceed in accordance with the provisions of Article
7 of the New York Agriculture and Markets Law, including § 121
of said law or any revision or renumbering thereof.[1]
[1]
Editor's Note: See now Agriculture and Markets Law § 123.
B.
In the event that a dog is determined by the Fenton Town Court to
be a dangerous dog, the Court shall give notice to the Town Clerk
of such determination, who shall make a note of said determination
in the dog's record. Additionally, the Town Clerk shall notify local
law enforcement and emergency services.
Any Dog Control Officer or other person or persons who are or
may be lawfully authorized by the Town shall, or any other peace officer
may, administer and enforce the provisions of this chapter, and for
such purpose shall have the authority to issue appearance tickets.
A.
Any dog belonging to a person found in violation of any of the provisions
of this chapter may be seized pursuant to the provisions of New York
State Agriculture and Markets Law.
B.
Any dog believed to be dangerous and which poses an immediate threat
to the public safety may be seized.
C.
Any dog may be seized which has been judged to be a dangerous dog
pursuant to New York State Agriculture and Markets Law and whose owner
has failed to obey a court order pertaining to said dangerous dog.
D.
Seized dogs may be redeemed by producing proof of licensing and identification
and by paying the appropriate fees set by the shelter, and a release
from the court stating that all fines have been paid.
E.
Any dog unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provisions of New York State Agriculture and Markets Law.
F.
The seizure of any dog shall not relieve any person from any violation
of this chapter or New York State Agriculture and Markets Law.
A.
Any Town-designated Dog Control Officer or agency having reasonable
cause to believe that a violation of this chapter has been committed
in his/her presence shall, and any peace officer may, issue and serve
upon such person an appearance ticket for such violation.
B.
Any person who observes a dog in violation of this chapter may file
a complaint, under oath, with a Town-designated Dog Control Officer
or agency specifying the nature of the violation, the date thereof,
a description of the dog, the location of the violation and the name
and residence of the owner of such dog. Such complaint may serve as
the basis for enforcing the provisions of this chapter.
C.
Upon receipt by the Town-designated Dog Control Officer or agency
of any such complaint, that officer or agency shall issue an appearance
ticket to the alleged owner of the dog to appear before the Fenton
Town Court at a date and time specified.
No action shall be maintained against the Town, the Fenton Dog
Control Officer, or any person or persons lawfully authorized by the
Town when performing duties pursuant to this chapter or New York State
Agriculture and Markets Law to recover the possession or value of
any dog, or for damages for injury or compensation for the destruction
of any dog seized or destroyed pursuant to the provisions of this
chapter or New York State Agriculture and Markets Law.
A.
A plea or conviction of a violation of this chapter shall be prosecuted
pursuant to penal law by a fine of up to $100.
[Amended 8-11-2021 by L.L. No. 5-2021]
(1)
Where a person is found to have violated this chapter or any prior
Town dog law within the preceding five years, the fine may be not
less than $50 nor more than $500; and
(2)
Where the person is found to have violated this chapter or any prior
Town dog law two or more times within the preceding five years, it
shall be punishable by a fine of not less than $100 nor more than
$1,000, or imprisonment for not more than 15 days, or both.
B.
For the purpose of conferring jurisdiction upon courts and judicial
officers generally, offenses of this chapter shall be deemed violations
and for such purposes only all provisions of law relating to violations
shall apply.
If any section, paragraph, subdivision, clause, phrase or provision
of this chapter shall be judged invalid or held unconstitutional,
it shall not affect the validity of the chapter as a whole or any
part or provision thereof other than the part so decided to be invalid
or unconstitutional.
This chapter shall supersede all prior Local Laws, ordinances,
rules and regulations relative to the control, licensing and fee schedules
of dogs within the Town and they shall be, upon the effective date
of this chapter, null and void.
