[HISTORY: Adopted by the Town Board of the
Town of LaGrange as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Noise — See Ch. 162.
[Adopted 4-29-1981 by L.L. No. 3-1981
as Ch. 40, Art. I, of the 1975 Code; amended in
its entirety 12-22-2010 by L.L. No. 5-2010[1]]
[1]
Editor's Note: This local law also superseded former Art.
II, Dog License Fees, adopted 4-29-1981 by L.L. No. 3-1981 as Ch.
40, Art. II, of the 1975 Code, as amended.
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 persons, property, domestic animals
and deer from dog attack and damage.
A.
All terms not specifically defined herein shall have the meanings
assigned to such terms within § 108 of the Agriculture and
Markets Law of the State of New York; specifically, the following
terms shall have the meaning given to them within that statutory section:
"adoption"; "dog"; "domestic animal"; "euthanize"; "guide dog"; "harbor";
"identification tag"; "identified dog"; "official identification number";
"owner"; "owner of record"; "person"; "police work dog"; "war dog";
"hearing dog"; "service dog"; and "person with a disability."
B.
CLERK
RUN AT LARGE
TOWN
As used in this article, the following terms shall have the meanings
indicated:
Town Clerk.
To be an unleashed dog off of the premises of the owner.
Town of LaGrange
A.
Pursuant
to Article 7 of the Agriculture and Markets Law, no person shall own
or harbor a dog within the Town of LaGrange unless such dog is licensed.
Such license shall be renewed annually at fees determined by the Town
Board of the Town of LaGrange. There shall be no fee for any license
issued for any guide dog, hearing dog, service dog, war dog or police
work dog, and copies of any license for such dogs shall be conspicuously
labeled as such by the person issuing the license.
B.
In
accordance with Article 7 of the Agriculture and Markets law, the
following are exempted from the licensing requirement:
(1)
Dogs under the age of four months, which are not at large, shall
not require a license.
(2)
Dogs 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.
Grace
period: Any dog harbored within the Town of LaGrange 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 be exempt from
the licensing and identification provisions of this article for a
period of 30 days.
D.
The application shall state the sex, actual or approximate age, breed,
color and municipal identification number of the dog, and other identification
marks, if any, and the name, address, telephone number, county and
town, city or village of residence of the owner.
E.
The application shall be accompanied by the license fee and a certificate
of rabies vaccination or a statement certified by a licensed veterinarian
stating that, because of old age or other reason, the dog's life
would be endangered by the vaccine. 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 that 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 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 spayed or neutered dogs.
F.
Dogs will be licensed for a one-year license period. The expiration
date will be the last day of the month of issuance, one year from
the date of issuance.
G.
No license shall be issued by a pound, shelter or any other entity
on behalf of the Town of LaGrange.
H.
The Town of LaGrange will not issue purebred licenses. All dogs will
be licensed individually in accordance with this article.
I.
Dog licenses issued by another agency, municipality or shelter will
not be recognized by the Town of LaGrange. The Town of LaGrange does
not credit unexpired terms of licenses issued by another municipality,
nor does it refund licensing fees for any reason, including, but not
limited to: dogs and dog owners that relocate to a municipality other
than the Town of LaGrange, dogs that are no longer alive, dogs that
are relinquished or transferred to another owner and dogs that are
missing, gone or lost.
J.
Upon validation by the Clerk, the application shall become a license
for the dog described therein. Once an application has been validated,
no refund therefor shall be made.
K.
The Clerk shall provide a copy of the license to the owner and retain
a copy in the Town Clerk's office.
L.
No license shall be transferrable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog.
A.
In the event of a change of ownership of any dog which has been licensed
pursuant to this article, or in the 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 of such change.
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, notify the Town Clerk of such loss or theft.
The owner of record of any such dog shall not be liable for any violation
of this article committed after such notification.
C.
In the case of a dog's death, the owner of record shall so notify
the Town Clerk either prior to the renewal of licensure or upon the
time of such renewal.
A.
Dog
licensing fees shall be determined by the Town Board of the Town of
LaGrange and may be amended at any time by said Town Board. All revenue
derived from such fees is the sole property of the Town of LaGrange
and shall be used for the purposes permitted by Article 7 of the Agriculture
and Markets Law.
B.
In
addition to the fees set by the Town Board of the Town of LaGrange,
an additional $1 shall be assessed to a license for an altered dog,
and an additional $3 shall be assessed to a license for an unaltered
dog. This additional charge is assessed for the purposes of carrying
out animal population control efforts. As the Town of LaGrange does
not have its own animal control program, these surcharge dollars will
be remitted by the Town Clerk to the state animal population control
fund, as required by Agriculture and Markets Law § 117-a(7).
C.
When
the Town Board of the Town of LaGrange determines the need for a dog
enumeration or dog census, a fee of $30 will be assessed to an dogs
found unlicensed or renewed at the time the enumeration is conducted.
Such fees shall be the sole property of the Town of LaGrange and 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 municipality for enforcing
this article and for animal population control programs.
D.
In
addition to the license fee required by this law, each applicant for
a dog license shall pay a surcharge of $3, which shall be retained
by the Town of LaGrange and used to defray the cost of providing a
replacement identification tag.
E.
Pursuant
to Agriculture and Markets Law § 107(4), the licensing process
and fees set forth in this article do 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.[1]
[1]
Editor's Note: See 7 U.S.C. § 2131 et seq.
A.
All dogs required to be licensed must wear an identification tag,
bearing the municipal identification number, attached to a collar
at all times. No dog shall be permitted to be without a collar and
an identification tag. All dogs without an identification tag shall
be subject to seizure and confinement by the Dog Control Officer,
except hunting dogs which are in the field with a hunter during hunting
season or for the purpose of being trained for hunting. The collars
of all dogs four months and over shall also have a tag evidencing
rabies vaccination.
B.
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.
C.
A dog participating in a dog show shall be exempt from the identification
requirements of both Agriculture and Markets Law § 111 and
this article during such participation.
Any female dog in heat shall be confined within a protected
enclosure on the premises of the owner or person harboring the dog.
All premises occupied or used by dogs shall be kept in a clean
and sanitary condition. Failure to provide adequate food, water or
shelter shall be a violation of this article and shall constitute
grounds for seizure of the animal hereunder. These principles shall
apply both to individual owners and to any other persons harboring
dogs for training, retail sale or boarding.
A.
It shall be unlawful for any owner of or any person harboring any
dog to permit or allow the animal to:
(1)
Run at large in the Town of LaGrange on any property other than that
of the person owning or harboring such dog unless accompanied by its
owner or a responsible person able to control the dog. For the purposes
of this article, dogs which are participating in obedience training
or competition, dog shows or field trials, hunting in the company
of a hunter, or are within a municipal dog park shall be excluded
from this restriction. Any dog running at large, whether or not licensed
or wearing a license tag, shall be seized and confined by the Dog
Control Officer(s).
(2)
Engage in a recurring practice of howling, barking, crying or whining
so as to unreasonably disturb the comfort or quiet enjoyment of any
person other than the dog's owner. A minimum period of 1/2 hour
(30 minutes) of excessive noise shall be deemed necessary to constitute
a violation of this section. The person owning or possessing a dog
committing an act prohibited herein, with or without the knowledge,
consent or fault of such person, shall be guilty of a violation of
this section.
(3)
Uproot, dig or otherwise damage any lawns, gardens, vegetables, flowers
or garden beds on property not belonging to the owner of the dog.
(4)
Chase, bite, 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.
(5)
Engage in a recurring practice of chasing, running along side of
or barking at vehicles or bicyclists while on a public street or highway
or upon public or private property other than property of the owner
or other person in control of said dog.
(6)
Cause damage or destruction to private or public property or to create
a nuisance by defecating, urinating or digging on public or private
property, other than property of the owner or other person in control
of the dog.
(7)
Kill or injure any domestic animal.
B.
Establishment of the fact or facts that the owner of a dog has allowed or permitted such dog to commit any of the acts prohibited by Subsection A of this section shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine, leash or control his dog.
C.
Dogs are not permitted in Town parks. This rule includes all Town
parks, including but not limited to Overlook Park, Stringham Park,
Freedom Park, and all other parks. This rule covers all existing and
future Town parks. This is a land use regulation and violations are
enforceable by the Town's Code Enforcement Officer who is authorized
to issue appearance tickets.
[Amended 8-22-2018 by L.L. No.
10-2018]
D.
When off the property of the owner, owners shall be responsible for
immediate cleanup of any excrement deposited by their animals.
This chapter shall be enforced by the Town's Dog Control
Officer or any employee or agency of the Town of LaGrange so designated
by the Town Board. Those persons shall have the authority to issue
appearance tickets or other process set forth within Article 7 of
the Agriculture and Markets Law.
A.
Seizure; fines; redemption.
(1)
Any dog which is not carrying an identification tag and which is
not on the owner's premises, any dog which is not licensed, whether
on or off the owner's premises, and any dog in violation of any
other provision of this article or which poses an immediate threat
to the public safety shall be subject to seizure, redemption, impoundment
fees and adoption procedures as set forth in Article 7, § 117,
of the Agriculture and Markets Law.
(2)
Pursuant to § 117 of the Agriculture and Markets Law, fines and impoundment fees are set by Town Board resolution in their adoption of the Town's fee schedule. An owner may redeem his or her dog within the applicable redemption period specified in § 69-11A(3) below, upon payment of all fines and impoundment fees and by producing proof that the dog has been licensed.
(3)
Pursuant to § 117 of the Agriculture and Markets Law, redemption
periods are set as follows:
(a)
Where an owner has been personally notified: seven days from
the date of such notice.
(b)
Where an owner has been sent notice by certified mail, return
receipt requested: nine days from the date of such mailing.
(c)
Where the dog is unidentified: five days, excluding the day
the dog is seized or impounded.
B.
No person shall hinder, resist or oppose the Dog Control Officer
or any other person authorized to administer and enforce the provisions
of this chapter in the performance of the person's duties pursuant
to this chapter.
C.
No action shall be maintained against the Town of LaGrange, any duly
designated Dog Control Officer or any other agent or officer of the
Town 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 article.
D.
It shall be the duty of the Dog Control Officer, or the shelter with
which the Town maintains a contract, to feed and to care for any seized
animal at the expense of the Town, recoverable from the owner(s) of
the animal by the Town, for a period no longer than the lesser of
1) the time until return of the animal to the owner from the shelter
or 2) the time until expiration of the applicable period of redemption.
The Town may arrange for animal impoundment, shelter, and disposal
by establishment of its own facilities or joint facilities with another
municipality, or alternatively by contract with contract entities,
including an incorporated animal humane society, any similar dog protective
association, or a private animal hospital. In the event that the Town
incurs liability for payment for costs related to shelter, feeding,
care (including veterinary care) or disposal of an animal, the owner(s)
of the animal, whether or not the animal is redeemed, shall be responsible
to reimburse the Town in full for such expenses, including any costs
or attorney's fees incurred by the Town to enforce this obligation
of' the owner(s) or to exercise its remedies against the owner(s).
If requested by the Town or by the contract entity, as a precondition
of release of an animal before payment in full of all costs incurred
for shelter, food, and care, an owner shall execute an affidavit of
confession of judgment in favor of the Town of LaGrange for the full
amount owed. Entry of judgment by the Town upon the confession shall
not be the Town's sole and exclusive remedy. In the event of
failure to reimburse the Town for any costs incurred, the following
remedies shall be available against an owner(s):
[Amended 1-27-2016 by L.L. No. 1-2016]
(1)
The Town may seek recovery of its expenses and costs by action venued
in a court of appropriate jurisdiction, and the owner(s) shall be
responsible for the reasonable and necessary attorney's fees
expended by the Town in prosecuting such action.
(2)
Alternatively, and at the sole discretion of the Town, a default
in reimbursement of costs incurred by the Town for any animal owner
who owns real property in the Town shall be remedied by charging such
sums, together with related costs, including attorney's fees,
against any such real property by adding that charge to, and making
it a part of, the next annual real property tax assessment roll of
the Town. Such charges shall be levied and collected at the same time
and in the same manner as Town-assessed taxes. Prior to charging such
assessments, the owner(s) of the real property shall be provided written
notice to his/her (their) last known address of record by certified
mail, return receipt requested, of an opportunity to be heard and
object before the Town Board to the proposed real property assessment,
at a date to be designated in the notice, which shall be no less than
30 days after its mailing.
E.
All monies collected as fines or penalties as a result of any prosecution
for violations of the provisions of this article, and all bail forfeitures
by persons charged with such violations, shall be the sole property
of the Town of LaGrange and shall be used only for controlling dogs
and enforcing this article.
F.
Fines, licensing fees and impoundment fees charged by the Town, and
established from time to time within the Town's fee schedule,
shall be paid to the Town as a precondition of the Town's authorization
of a contract entity to release the animal. At the sole and exclusive
discretion of the Town Board, this obligation of the owner may be
paid in installments upon the execution of a promissory note to the
Town by the owner.
[Amended 1-27-2016 by L.L. No. 1-2016]
G.
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, provided that no dog shall be
delivered for adoption unless it has been licensed pursuant to the
provisions of this article prior to its release from custody.
H.
No liability in damages or otherwise shall be incurred on account
of the seizure, euthanization or adoption of any dog pursuant to the
provisions of this article.
A.
It shall be a violation for:
(1)
Any owner to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required by this
article;
(3)
Any person to knowingly affix to any dog any false or improper identification
tag, special identification tag for identifying guide, service or
hearing dogs or purebred license tag;
(4)
Any owner or custodian of any dog to fail to confine, restrain or
present such dog for any lawful purpose pursuant to this article,
(5)
Any person to furnish any false or misleading information on any
form required to be filed with the Town of LaGrange pursuant to the
provisions of this article or rules and regulations promulgated pursuant
thereto;
(6)
The owner or custodian of any dog to fail to exercise due diligence
in handling his or her dog if the handling results in harm to another
dog that is a guide, hearing or service dog; and
(7)
Any owner of a dog to fail to notify the Town of LaGrange of any
change of ownership or address as required by this article.
B.
The Town of LaGrange may elect either to prosecute such actions described
in this section as violations under the penal law or to commence an
action to recover a civil penalty.
Agriculture and Markets Law § 123 sets forth the applicable
procedural and substantive requirements applicable within the Town
of LaGrange when a dog is alleged to be dangerous.
Upon conviction, a violation of this article shall be deemed
an offense and shall be punishable by a fine not exceeding $50 for
the first offense, $100 for the second offense within the preceding
five years, and $250 for each additional offense within the preceding
five years or by imprisonment for a period not exceeding 15 days,
or by both such fine and imprisonment.
Each provision of this article shall be deemed independent of
all other provisions herein, and if any provision shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
[Added 8-22-2018 by L.L.
No. 10-2018; amended 11-16-2018 by L.L. No. 12-2018]
Notwithstanding any inconsistent provisions within § 69-14 of this chapter, each separate offense in violation of the provisions of this article is a distinct violation. Upon conviction, the violation shall be punished by a fine not to exceed $500 or imprisonment not to exceed 15 days for a first offense. Maximum fines shall be $750 for a second offense and $1,500 for a third or a greater number of offenses. The maximum duration of imprisonment shall not exceed 15 days for second, third or a greater number of offenses. A dog owner shall be jointly and severally responsible for violations committed by another in possession of the dog at the Town park. The Town may also pursue enforcement by means of action to enjoin the offending conduct. Under either means of enforcement, the Town shall be entitled to collect its actual and reasonable attorneys' fees, in an amount to be determined by the court, and collection of the attorneys' fees award may be exercised by imposition of a tax lien upon the violator's real property located within the Town of LaGrange. The violator shall be entitled to notice and an opportunity to be heard by the Town Board with respect to the potential tax lien. The notice shall be at least 14 days in duration from the date of mailing by the Town to the last known address of the violator.
