[Added 12-1-2010 by L.L. No. 5-2010[1]]
[1]
Editor’s Note: This local law provided an effective
date of 1-1-2011.
This article shall be known and cited as the "Town of Greenport
Dog Licensing and Control Law."
The Town Board of the Town of Greenport finds that the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs have caused physical harm to persons, damage to property and
have created nuisances within the Town. 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 the health,
safety and well-being of persons, property, domestic animals and deer
from dog attack and damage by imposing restrictions on the keeping
and running at large of dogs within the Town.
CLERK — The Clerk of the Town of Greenport where
licenses are validated or issued pursuant to this article.
The State Commissioner of Agriculture and Markets.
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.
Male and female, licensed and unlicensed, members of the
species canis familiaris.
Any individual(s) appointed by the Town Board of the Town
of Greenport to assist in the enforcement of this article and of Article
7 of the Agriculture and Markets Law.
Dangerous Dog shall mean the same as such term is defined
in § 108(24) of the New York State Agriculture and Markets
Law.
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer, whitetail deer which is raised under license from the 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 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 article.
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 during the period
such dog is being trained or bred for such purpose.
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 during the period such dog
is being trained or bred for such purpose.
A tag issued by the Clerk of the Town of Greenport which
sets forth an identification number, together with the name of the
Town, the State of New York, contact information, including telephone
number, for the Town and such other information as the Town deems
appropriate.
Any dog carrying an identification tag as required by § 46-9 of this article.
The person entitled to claim lawful custody and possession
of a dog and who is responsible for purchasing the license for such
dog unless the dog is or has been lost, and such loss was promptly
reported to the Dog Control Officer and a reasonable search has been
made. If a dog is not licensed, the term "owner" shall designate 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 dog 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 article shall be held and deemed to be the owner of such dog
for the purpose of this article.
The person in whose name any dog was last licensed pursuant to this article, except that if any license is issued on application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed or if the owner of record has filed a change of ownership statement pursuant to § 46-10 of this article, the owner shall be deemed to be the owner of record of such dog, except that if the owner is under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person.
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.
A dog shall be deemed to be "running at large" if it is elsewhere
than on the premises of the owner while not in the control of the
owner or the owner's agent and without the consent or approval
of the owner of such lands.
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 Town of Greenport.
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, is actually used for such purpose and is registered with
the department; provided, however, that such services provided by
said dog shall be performed without charge or fee.
A.
The owner of any dog harbored within the Town of Greenport who is
four months of age or older, unless otherwise exempted, shall be licensed.
B.
No license shall be required for any dog which is under the age of
four months and which 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, duly incorporated society for
the prevention of cruelty to animals, duly incorporated humane society
or duly incorporated dog protective association.
C.
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, except that
in no event shall such license expire later than the last day of the
month in which the dog's current rabies certificate expires.
D.
In the event an applicant for a license presents, in lieu of a rabies certificate, a statement certified by a licensed veterinarian pursuant to § 46-7D of this article, a license shall be issued or renewed for a period of one year from the date of said statement.
E.
The Town of Greenport will not be issuing purebred licenses. All
dogs will be licensed individually as per the requirements set forth
in this article.
A.
Any dog harbored within the Town of Greenport which is owned by a
resident of New York City and 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.
B.
This article 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 for the purposes of research to the premises
of any college or other educational or research institution.
C.
This article shall not apply to any dog confined to the premises
of any person, firm or corporation engaged in the business of breeding
or raising dogs for profit and licensed as a Class A dealer under
the Federal Laboratory Animal Welfare Act.
A.
The owner of each dog required to be licensed shall obtain, complete
and return a dog license application together with the license application
fee, any applicable license surcharges and such additional fees and
charges as may be established by the Town of Greenport.
B.
The Town of Greenport does not allow the licensing of dogs by a shelter/pound.
Where the dog to be adopted will be harbored within the Town of Greenport,
the shelter/pound shall immediately notify the Clerk of the adoption,
including the name and address of the owner, and shall send the adoptive
dog owners to the Clerk of the Town of Greenport for licensing. Such
owner shall have a period of 10 days to submit an application for
a dog license with the Clerk of the Town.
C.
The application for a dog license shall state:
(1)
The name, sex, actual or approximate age, breed, color, and municipal
identification number of the dog, and other identification marks,
if any;
(2)
The name, telephone number, and address of residence of the owner;
(3)
The name, telephone number, and address of the business or place
of employment of the owner;
(4)
The owner's e-mail address;
D.
Each license application shall be accompanied by a certificate of
rabies vaccination or statement from a licensed veterinarian that
such vaccination would endanger the dog's life in which case
vaccination shall not be required. A copy of such certificate or statement
shall be filed with a copy of the license and shall be made available
to the Commissioner upon request for rabies and other animal disease
control efforts.
E.
In the case of a spayed or neutered dog, every application shall also 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 such certificate or affidavit shall not be required if the same is already on file with the Clerk. In lieu of the spay or neuter certificate, an owner may present a statement certified by a licensed veterinarian stating that he 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. A copy of such certificate or statement shall be filed with a copy of the license and shall be made available to the Commissioner upon request for rabies and other animal disease control efforts. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in § 46-8 of this article.
F.
All dog licenses may be purchased by visiting the Town offices or
by regular mail. If licensing or renewing a license by mail, the appropriate
fee must accompany the application form(s).
G.
Upon validation by the Clerk, the application shall become a license
for the dog described therein.
H.
The Clerk shall provide a copy of the license to the owner, and retain
a record of the license that shall be made available upon request
to the Commissioner for purposes of rabies and other animal disease
control efforts and actions.
I.
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.
A.
The fees for the licensing of dogs shall be established from time
to time by resolution of the Town Board. Any such fee schedule shall,
in addition to the application fee, impose the applicable mandatory
surcharges as required by Article 7 of the Agriculture and Markets
Law.
B.
There shall be no refunds of fees.
C.
The mandatory surcharges imposed in addition to the application fees
shall be remitted to the Department of Agriculture and Markets for
transmittal to the State Comptroller for deposit in the animal population
control fund.
D.
Excepted from payment of the license fee are applications submitted
for a dog license for any guide, hearing, service, war, working search,
detection, police and therapy dogs. Each copy of a license for such
dogs shall be conspicuously marked "guide dog," "hearing dog," "service
dog," "war dog," "working search dog," "detection dog," "police work
dog" or "therapy dog."
E.
The Town of Greenport shall not be required to expend in any calendar
year, for dog control officer and pound or shelter services undertaken
pursuant to this article, an amount of money greater than it receives
during such year pursuant to this section.
A.
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.
B.
A dog participating in a dog show shall be exempt from the identification
requirement of this section during such participation.
C.
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.
A.
In the event of a change in the 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, file with the Clerk of the Town of Greenport a written
report of such change. Such owner of record shall be liable for any
violation of this article or of Article 7 of the Agriculture and Markets
Law until such filing is made or until the dog is licensed in the
name of the new owner.
B.
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, file with the Clerk of the Town of Greenport
a written report of such loss or theft. 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 or of Article 7 of the Agriculture and Markets Law
committed after such report is filed.
C.
In the case of a dog's death, the owner of record shall so notify
the Clerk of the Town of Greenport either prior to renewal of licensure
or upon the time of such renewal as set forth on the dog license.
In addition to the provisions set forth in Article 7 of the
Agriculture and Markets Law, it shall be unlawful for any owner of
or any person harboring any dog in the Town of Greenport to permit
or allow such dog to:
A.
Run at large unless said dog is restrained by an adequate collar
and leash or unless accompanied by its owner or a responsible person
able to control the animal, except on the owner's property. 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 its owner.
B.
Engage in habitual howling or barking, crying or whining or to conduct
itself in such a manner so as to unreasonably and habitually annoy
or disturb the comfort or repose of any person other than the owner
of such dog. The term "habitual" shall mean on more than two occasions.
C.
Cause damage or destruction to property, or commit a nuisance upon
the premises of a person other than the owner or person harboring
such a dog, including the uprooting, digging or otherwise damaging
any vegetables, lawns, flowers, garden beds or other property without
the consent or approval of the owner thereof.
D.
Bite, jump, chase or otherwise harass any person or animal in such
a manner as to reasonably cause intimidation or fear, bodily harm
or injury or to put such person or animal in reasonable apprehension
of bodily harm or injury.
E.
Habitually chase or bark at automobiles, bicycles or other vehicles
while on a public street, highway or place or upon private property
without the consent or approval of the owner of such property.
F.
Create a nuisance by defecating, urinating or digging on public property
or on private property without the consent or approval of the owner
of such property.
G.
Be off the owner's premises unrestrained by a leash, if a female
dog in heat.
H.
Be without a current rabies vaccination if older than seven months.
I.
Except as otherwise permitted in this article, be without a license
and wearing a tag.
Any dog that attacks any person or domestic animal within the
meaning of Article 7 of the Agriculture and Markets Law of the State
of New York may, in the alternative, be dealt with in accordance with
Article 7 of said Agriculture and Markets Law.
A.
Any person who is the owner of a dog or other domesticated animal
or has custody of a dog or other domesticated animal, which animal
has caused its feces to be deposited upon any public property, or
public street, highway, sidewalk, or public right-of-way, or upon
the property of another, shall immediately remove such feces or cause
it to be removed and shall dispose of it in a sanitary manner. A person
will be considered to have disposed of feces in a sanitary manner
if such person places such material in a bag or wrapper made of paper,
plastic or some similar material and places it in a refuse container
which is regularly emptied by the Town of Greenport or otherwise disposes
of such material on their own property.
B.
The provisions of this section shall not apply for any dog which
serves as a guide dog while such dog is accompanying a blind person.
This article may be enforced by the Dog Control Officer of the
Town of Greenport or the Town Constable or any State Police officer
or Columbia County Sheriff or Deputy Sheriff, who shall be entitled
to issue an appearance ticket or file an information with the Justice
or Town Court of the Town of Greenport for alleged violations of this
article. Any such officer may also investigate and report to a Town
Justice of the Town of Greenport any dangerous dog as described in
Article 7 of the Agriculture and Markets Law, and see that the order
or orders of the Town Court or its Justices are, in such cases, carried
out.
A.
The Town Board of the Town of Greenport shall by resolution appoint
one or more Dog Control Officers for the purpose of assisting, within
the Town of Greenport, with the control of dogs and the enforcement
of this article and Article 7 of the Agriculture and Markets Law.
Such dog control officer(s) shall serve at the pleasure of the Town
Board for a term of one year, renewable at the discretion of the Town
Board.
B.
In lieu of or in addition to the appointment of a Dog Control Officer
or Officers, the Town of Greenport may contract for dog control officer
services with any other municipality or with any incorporated humane
society or similar incorporated dog protective association, or shall
appoint, jointly with one or more other municipalities, one or more
Dog Control Officers having jurisdiction in each of the cooperating
municipalities.
C.
The Dog Control Officer(s) is hereby authorized in any case in which
he or she deems it necessary to call for assistance in the enforcement
of this article or of Article 7 of the Agriculture and Markets Law
and to request the assistance of any other peace officer or police
officer with jurisdiction.
D.
The Town Board shall provide the Dog Control Officer, from the funds
of the Town, with such equipment as may be necessary to carry out
the duties imposed on him or her by this section.
E.
The Town Board shall prescribe the work rules and schedules covering
the performance of the duties of the Dog Control Officer and the enforcement
of this article.
A.
The Dog Control Officer(s) or his/her authorized agent or representative
having reasonable cause to believe that a person has violated this
article may 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 and/or Article 7 of the Agriculture and Markets Law,
including the seizure of dogs pursuant to § 117 of the Agriculture
and Markets Law.
B.
In addition, any Dog Control Officer or any peace officer, when acting
pursuant to his special duties, or police officer, who is authorized
by the state or any municipality to assist in the enforcement of this
article and Article 7 of the Agriculture and Markets Law may serve
any process, including an appearance ticket, a uniform appearance
ticket and a uniform appearance ticket and simplified information,
related to any proceeding, whether criminal or civil in nature undertaken
in accord with the provisions of this article.
The Dog Control Officer(s), when acting pursuant to his/her
special duties, shall promptly 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 official identification number of such
dog, if any, the location where seized, the reason for seizure, and
the owner's name and address, if known. Such records shall be
filed and maintained for not less than three years following the creation
of such record, and shall be made available to the Commissioner upon
request.
A.
The Dog Control Officer shall respond to all complaints made to him
or her under the provisions of this article.
B.
A person aggrieved by a violation of the provisions of this article
may complain, under oath, to the Dog Control Officer. The Dog Control
Officer shall thereupon investigate such complaint and, if satisfied
with the identity and ownership of the dog responsible for such violation,
shall provide the aggrieved person with a complaint form. The complaint
shall specify the objectionable conduct of the dog; the date thereof;
the damage caused, if any; a description of the dog and the name and
residence, if known, of the owner or of the person harboring the dog.
Said complaint must be signed and duly notarized before a notary public
of the State of New York or a Town Justice of the Town of Greenport.
Such complaint may serve as the basis for enforcing the provisions
of this article.
C.
The Dog Control Officer shall keep and maintain records of all complaints received and of the disposition thereof in accordance with the provisions of § 46-10.7 of this article.
D.
The Town Board may, either individually or in cooperation with other
municipal entities, require its Dog Control Officer or any other authorized
agent to ascertain and list the names of all persons in the municipality
owning or harboring dogs, or in lieu thereof, may contract to have
the same done.
If the Dog Control Officer is unable to determine the ownership or custody of the dog responsible for the violation of this article, the Dog Control Officer shall deliver such dog to the agency designated by the Town Board of the Town of Greenport for keeping and custody in accordance with § 46-10.10 of this article.
A.
The Dog Control Officer, peace officer or a member of the Greenport
Police Department shall seize any unlicensed dog whether on or off
the owner's premises; any unidentified dog not wearing a tag,
and which is not on the owner's premises; and any dog found in
violation of this article. Such seized dog shall be kept and disposed
of in accordance with the provisions of Articles 7 and 26 of the Agriculture
and Markets Law.
B.
The owner of a dog that is not identified, whether or not licensed,
so seized, may redeem such dog within five days, excluding the day
the dog is impounded, from the day the dog is impounded, by exhibiting
to the Dog Control Officer a valid license for said dog and by paying
to the Town Clerk the required fee.
C.
In the event that the Dog Control Officer shall seize a dog bearing
a license tag, whether current or expired, the Dog Control Officer
shall promptly upon seizure ascertain the name of the owner of the
dog and personally serve such owner, or an adult member of the owner's
family, with a notice, in writing, stating that the dog has been seized
and will be sold or destroyed unless redeemed within a period of 10
days after such notification, by paying to the Town Clerk the required
fee. Alternatively, the Dog Control Officer shall mail a copy of said
notice to the address identified on the license tag by certified mail,
return receipt requested. In such event, the owner shall have 10 days
from the date of the letter to redeem such dog in accordance with
the requirements of this section.
D.
An owner redeeming his/her dog shall pay the expenses of the Dog
Control Officer, including per diem boarding fees, together with a
seizure fee to the Town of Greenport in the amount of $305. A subsequent
seizure of the same dog shall result in a seizure fee of $500.
E.
An owner shall forfeit title to any dog unredeemed at the expiration
of the appropriate redemption period, and the dog shall then be made
available for adoption or euthanized subject to §§ 117
and 374 of the Agriculture and Markets Law.
F.
Collection of impoundment fees. The Town of Greenport shall be entitled
to collect from any person owning or harboring a dog the amount paid
by the Town of Greenport to any third party or entity relating to
the costs, expenses and fees incurred by the Town by reason of the
impoundment of any such dog. The Town of Greenport Dog Control officer
is hereby authorized to bring a small claim in the Greenport Town
Court against any such person and to obtain a judgment in favor of
the Town of Greenport for all such costs, expenses and fees incurred
by the Town.
[Added 5-2-2012 by L.L.
No. 3-2012]
(1)
The Town of Greenport shall also be entitled to recover, in
any such small claims proceeding, all costs, expenses and reasonable
attorney's fees incurred by the Town in connection with the prosecution
of any such claim.
A.
Unless otherwise provided by Article 7 of the Agriculture and Markets
Law, any person convicted of a violation of this article shall be
deemed to have committed a violation and shall be subject to a fine
not exceeding $250 or imprisonment for a period not exceeding 15 days.
B.
Each day that a violation of this article shall continue shall constitute
a separate offense.
All revenue derived from licensing fees, other than surcharges,
redemption fees, and penalties for offenses, shall be the sole property
of the municipality and shall be used only to:
This article shall not be deemed to supersede any other duty
or obligation on the part of dog owners as imposed by any other ordinance,
law or statute, and is specifically in addition thereto.
