[HISTORY: Adopted by the Town Board of the
Town of Irondequoit as indicated in article histories. Amendments
noted where applicable.]
[1]
Editor's Note: This local law provided an effective date of
1-1-2011.
The purpose of this article shall be to preserve the public
peace and good order in the Town of Irondequoit and to contribute
to the public welfare, safety and good order of its people by enforcing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of the owners of dogs
and rights and privileges of other citizens of the Town of Irondequoit.
As used in this article, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
A person or persons appointed by the Town of Irondequoit
for the purpose of enforcing this article, and for the purpose of
this article such an Animal Control Officer is deemed to be a peace
officer.
An unleashed dog off the premises of the owner.
A member of the species Canis familiaris.
That the dog is equipped with a collar or harness to which
is attached a leash not exceeding eight feet in length, both collar
or harness and the 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 the leash.
Any person who owns, keeps, harbors or has the care, custody
or control of a dog. Dogs owned by minors under 18 years of age shall
be deemed to be in the custody and control of parents or other head
of the household where the minor resides.
A dog trained as a guide, hearing, war, working search, detection,
police work or therapy dog within the meaning of the Agriculture and
Markets Law and actually in use for such purpose.
The provisions of this article shall apply to all dogs within
the Town of Irondequoit, including service dogs.
A.
Leashing.
No owner of any dog shall permit such dog to be at large in the Town
of Irondequoit, Monroe County, New York. Every dog outside the property
limits of the owner shall be restrained.
B.
Prohibited
in certain places. No owner shall permit his or her dog, whether leashed
or unleashed, to be in any restaurant, grocery or commercial establishment
which sells food for human consumption or in any cemetery. This subsection
shall not apply to a service dog when otherwise permitted by New York
State law.
C.
Dangerous
dog. No person shall keep or suffer to be kept a dog which has attacked
any person peaceably conducting himself or herself in any place where
such person may lawfully be or which has attacked, chased or worried
or killed any domestic animal, as regulated in Article 7, § 123,
of the Agriculture and Markets Law, as amended or changed, or any
cat or other dog while such animal is in any place where it may lawfully
be.
D.
Damage
by dog. No owner of a dog shall permit or suffer such dog to damage
or destroy property of any kind.
E.
No
person shall keep or harbor a dog which howls or barks in violation
of this section.
[Amended 8-15-2023 by L.L. No. 7-2023]
(1)
It shall
constitute a violation of this section if the howling or barking occurs
continually and is audible beyond the property line of the premises
on which the dog is located:
(a)
For
more than 10 minutes between the hours of 10:00 p.m. and 8:00 a.m.;
(b)
For
more than 15 minutes between the hours of 8:00 a.m. and 10:00 p.m.;
or
(c)
For
a shorter duration than cited above, but on more than five occasions
within a given ten-day period if attested to by complainants from
two or more separate properties.
(2)
It shall
be a defense to such violation if the owner of the dog proves by a
preponderance of the evidence that the only reason the dog was howling
or barking was that the dog was being provoked by a person or was
otherwise being incited, or was acting as a guide dog, hearing dog,
service dog or police work dog.
(3)
In order
to abate the nuisance created by a dog howling or barking in violation
of this section, Dog Control Officers may enter the yard and may seize
any such dog from the yard where the violation is occurring if the
officer is unable to contact the owner or if the owner is unable or
unwilling to take action to stop the howling or barking.
F.
Unsanitary
premises. No owner of a dog shall permit the premises, structures
or enclosure in which such dog is kept to be unclean or unsanitary.
A.
License
required. All dogs within the Town four months of age or older, unless
otherwise exempted, shall be licensed by the Town. The following dogs
are exempt from the licensing requirements of this article:
(1)
Dogs harbored within the Town which are owned by a resident of the
State of New York, and licensed by another jurisdiction within the
state, for a period not to exceed 30 days;
(2)
Dogs harbored within the Town which are owned by a nonresident of
the State of New York, and licensed by a jurisdiction outside of the
state, for a period not to exceed 30 days; and
(3)
Dogs held at a shelter pursuant to an agreement with a county, city,
town, village, or duly incorporated society for the prevention of
cruelty to animals, humane society, or dog protective association.
B.
Applications
for dog licenses.
(1)
The owner of each dog required to be licensed shall obtain, complete,
and return to the Town Clerk a dog license application, together with
the applicable fees and surcharges.
(2)
The dog license application shall be on a form provided by the Town
Clerk and shall state the name, sex, actual or approximate age, breed,
color, and other identification marks of the dog; the name, address,
telephone number, and e-mail address (if any) of the owner; together
with any additional information deemed appropriate by the Town Clerk.
(3)
The dog license application shall be accompanied by proof that the
dog has been vaccinated against rabies or a statement from a licensed
veterinarian that such vaccination would endanger the dog's life,
in which case vaccination shall not be required.
(4)
In the case of a neutered or spayed dog, the application shall be
accompanied by a certificate signed by a licensed veterinarian or
an affidavit signed by the owner, showing that the dog has been neutered
or spayed; provided, however, that such certificate or affidavit shall
not be required if the same is already on file with the Town. In lieu
of the foregoing certificate or affidavit, the application may be
accompanied by a statement by a licensed veterinarian that, by reason
of old age or other reason, the life of the dog would be endangered
by neutering or spaying, in which case the license fee for such dog
shall be the same as for a spayed or neutered dog.
C.
Issuance of dog license and identification tag.
(1)
Upon validation by the Town Clerk, the application for a dog license
shall become a license for the dog or dogs described therein. Each
license shall be valid for a period of one year, shall expire on the
last day of the last month of its term and shall be nontransferable.
(2)
Upon the first issuance of a dog license, the Town Clerk shall issue
an identification number for each such dog and shall provide the owner
with a tag for each such dog with such identification number. The
identification tag must include the name of the Town, "New York State,"
Town contact information (including telephone number), and any other
information deemed appropriate by the Town Clerk.
(3)
In the event that an identification tag is lost, the Town Clerk,
upon request of the owner and payment of a fee set by the Town Board,
shall issue a replacement identification tag.
D.
Identification tag required to be worn. The identification tag issued
by the Town Clerk shall be affixed to a collar on the dog at all times,
provided that a dog participating in a dog show is exempt from such
requirement during such participation.
E.
Annual fees for dog licenses.
(1)
The annual fee for a dog license shall be $9 for neutered males and
spayed females, or such other amount as the Town Board may, from time
to time, establish by resolution.
(2)
The annual fee for a dog license shall be $18 for unneutered males
and unspayed females, or such other amount as the Town Board may,
from time to time, establish by resolution.
(3)
Exempted from payment of the license fees are applications for a
dog license for any service dog. Each copy of any license for such
dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "War
Dog," "Working Search Dog," "Detection Dog," "Police Work Dog," "Therapy
Dog," or "Service Dog," as may be appropriate, by the Town Clerk.
F.
Assessment of surcharge. In addition to the annual license fees established
by the Town Board, each applicant for a dog license shall pay a surcharge
to the extent required by the State of New York. The amount of such
surcharge shall be $1 in the case of a neutered or spayed dog or $3
in the case of an unneutered or unspayed dog, or such other amounts
as the State of New York may, from time to time, establish.
The Town Board shall appoint an Animal Control Officer or Officers
as needed pursuant to § 113 of the Agriculture and Markets
Law, as amended or changed. It shall be the duty of such Animal Control
Officer or Officers, as well as of all peace officers with the Town
of Irondequoit, to enforce the appropriate provisions of this article
as well as of the Agriculture and Markets Law with respect to dogs
in the Town of Irondequoit. The Animal Control Officer or Officers,
police officer or any other peace officer of the Town of Irondequoit
shall seize any dog which is found to be in violation of any provision
of this article, as well as any dog or dogs otherwise required to
be seized under and by virtue of the Agriculture and Markets Law.
All complaints concerning alleged violations of this article shall
be referred to the Animal Control Officer or Officers. All such complaints
shall be investigated, and it shall be the duty of the Animal Control
Officer or Officers in the appropriate case to proceed with civil
or criminal enforcement of this article or any other provision of
law pertaining thereto.
A.
Care
of seized dog. Every dog seized shall be properly fed and cared for
at the expense of said Town until disposition thereof is made as herein
provided. The redemption of a seized dog shall be in conformance with
and pursuant to the provisions of the Agriculture and Markets Law.
B.
Notice
to owner. In the event that the dog seized bears a license tag, the
Animal Control Officer or Officers shall ascertain the owner of the
dog and shall give notice by mail or personally serving such owner
or member of his or her family at least 18 years of age with a notice,
in writing, stating that the dog has been seized and that the dog
will be destroyed unless redeemed within the period hereinafter provided.
D.
The owner of a seized dog may redeem it within the period indicated in Subsection C upon payment of a fee as from time to time may be set by the Town Board for each day the dog is sheltered, plus fees set by the Town Board for the first, second and third seizures within a twelve-month period. The fee schedule, as set by the Town Board, shall be on file in the Town Clerk's office.
E.
Forfeiture.
If a dog so seized is not redeemed within the time hereinbefore set
forth, the owner shall forfeit all title to the dog, and the dog shall
be offered for adoption by the Town or destroyed.
A violation of this article shall be deemed a Class B violation, punishable as provided in § 1-16. Each separate offense shall constitute a separate additional violation. The provisions hereof are in addition to the regulations, restrictions, requirements and penalties contained in Article 7 of the Agricultural and Markets Law, as amended or changed.
[Adopted 4-25-2000 by L.L. No. 2-2000]
Cats in the Town of Irondequoit have in some
instances been allowed to roam free on property of others and are
causing annoyance and damage to the persons and properties of others;
therefore, the Town Board of the Town of Irondequoit enacts the following
article to protect the health, safety and property of others from
annoyance and damage caused by cats and to establish the responsibility
and liability of cat owners arising from the conduct of their pets.
The title of this article shall be the "Cat
Control Law of the Town of Irondequoit."
As used in this article, the following words
shall have the following respective meanings:
The person authorized by the Town Board, by resolution, to
enforce the provisions of this article. The Control Officer shall
have all the powers of a constable or other peace officer in the execution
of the provisions of this article, including the service of a summons,
the issuing and serving of an appearance ticket and the service and
execution of any other order of process, notwithstanding any provision
of the Uniform Justice Court Act.
Any person who is an owner of a cat or any person who keeps,
harbors or feeds a cat. The owner need not be a resident of the Town
of Irondequoit, but for a violation to occur, the cat must be in the
town limits of the Town of Irondequoit.
It shall be unlawful for any owner of or any
person harboring any cat to permit or allow such cat in the Town of
Irondequoit to:
A.
Be vicious or to spray or to defecate in such a way
as to cause annoyance to any person other than the owner or person
harboring such cat.
B.
Cause damage or destruction to property or to commit
a nuisance upon the premises of a person other than the owner or person
harboring such cat.
C.
Remain in the Town of Irondequoit unless vaccinated
currently against feline rabies.
Any Town Justice of the Town of Irondequoit
shall have jurisdiction to hear all actions and proceedings hereunder
and of all prosecutions for the violations of this article.
All complaints concerning alleged violations
of this article shall be communicated to the Town of Irondequoit Animal
Control Officer or Deputy Animal Control Officer. All such complaints
shall be investigated, and it shall be the duty of the Town of Irondequoit
Animal Control Officer or Deputy Animal Control Officer, in the appropriate
case, to proceed with civil or criminal enforcement of the article
or any provision of law pertaining hereto.
The Animal Control Officer or Deputy Control
Officer, having reasonable cause to believe that a person has violated
this article, shall issue and serve upon such person an appearance
ticket for such violation. The appearance ticket shall be in the form
as prescribed by the resolution of the Town of Irondequoit in accordance
with the provisions of this article.
The first violation of this chapter and article
shall be punishable by a fine of $50, a second violation shall be
punishable by a fine of $150 and third and any subsequent violations
shall be punishable by a fine of $250.
[1]
Editor's Note: Former § 79-18, Enforcement; seizure of cats at large, § 79-19, Notification and redemption procedures; fees, § 79-20, Failure to redeem, § 79-21, Authorization, and § 79-22, Limitation of pickup; discontinuance, which immediately preceded this section, were repealed 8-15-2023 by L.L. No. 7-2023. This local law also renumbered §§ 79-23 and 79-24 as §§ 79-18 and 79-19, respectively.
If any section, paragraph, subdivision, clause
or provision of this local law shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, subdivision, clause or
provision so adjudged, and the remainder of this local law shall be
deemed valid and effective. Any ordinance or part thereof in conflict
herewith is hereby repealed.
