[HISTORY: Adopted by the Town Board of the
Town of Pendleton: Art. I, 12-30-1963; Art. II, 11-4-1992 as L.L. No. 6-1992. Amendments noted where
applicable.]
[Adopted 12-30-1963; amended 12-6-2010 by L.L. No. 02-2010]
As used in this article, the following terms shall have the
meanings indicated:
Any member of the species Canis familiaris, whether male
or female,
A 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
from 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. In the event the owner of any dog
found to be in violation of this article shall be 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.
The Town of Pendleton, New York.
A.
All dogs in the Town of Pendleton over four months in age are required
to be licensed. 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 appropriate certificates, license application fee,
any applicable license surcharges and such additional fees as may
be established by the Town. For applicable fees, see the Town of Pendleton
Fee Schedule, adopted by the Town Board by resolution, as may be amended
from time to time.
[Amended 6-13-2022 by L.L. No. 2-2022]
B.
A current certificate of rabies vaccination shall be required at
the time of licensing or the renewal of an existing license, unless
the owner provides a statement from a licensed veterinarian indicating
that such vaccination would endanger the dog's life, in which case
vaccination shall not be required.
C.
In the case of a spayed or neutered dog, every application shall
also be accompanied by a certificate signed by a licensed veterinarian
showing that the dog has been spayed or neutered, unless such certificate
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 a spayed or neutered dog.
D.
All dog licenses will be valid for a period of one year.
E.
Dog licenses are not transferrable.
F.
There will be no refund of fees for any license.
G.
Service dogs. The Town of Pendleton will require a license for any
guide dog, hearing dog, service dog, war dog, working search dog,
detection dog, police work dog, or therapy dog; however the licensing
fee shall be waived.
H.
Dog identification. The Town shall provide a dog identification tag
for each individual dog license issued. Owners are required to ensure
that licensed dogs wear their identification tag at all times, or
that proof of licensure is readily accessible.
I.
All dog licenses may be purchased by visiting the Town Clerk's office
or by regular mail. If licensing or renewing a license by mail, the
appropriate fees and copy of a current certificate of rabies and,
if applicable, a certificate of spay/neuter must accompany the forms.
J.
All licensing and enumeration fees will be used in funding the administration
of the licensing and control of dogs in the Town of Pendleton.
Any violation of this article is punishable under § 118
the Agriculture and Markets Law of the State of New York.
[Adopted 11-4-1992 as L.L. No. 6-1992]
The Town of Pendleton, New York finds that the
uncontrolled behavior of dogs has caused physical harm to persons,
damage to property and created a nuisance within the town. The purpose
of this article is to protect the health, safety and well-being of
persons and property by imposing restrictions and regulations upon
the keeping of dogs and the seizure thereof within the town.
This Article is enacted pursuant to the provisions
of § 124 of Article 7 of the Agriculture and Markets Law.
The title of this article shall be the "Dog
Law of the Town of Pendleton."
As used in this article, the following terms
shall have the meanings indicated:
To provide food or shelter to any dog.
Any person who harbors or keeps any dog. In the event that
any dog found in violation of this article shall be owned by a person
under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person (or the head of the household in which
said person resides).
It shall be unlawful for any owner of any dog
to permit or allow such dog in the Town of Pendleton to:
A.
Repeatedly trespass on private property not owned
or leased by the owner of the dog, unless permission for such presence
has been obtained.
B.
Engage in sustained and repeated loud vocalization
so as to repeatedly annoy any person.
C.
Cause damage or destruction to property or repeatedly
commit a nuisance by defecating or urinating upon the premises of
a person other than the owner of such dog. The owner of any dog shall
immediately remove all feces deposited by such dog by any sanitary
method approved by the local health authority.
D.
Chase or otherwise harass any person in such a manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
E.
Habitually chase, run alongside of or bark at motor
vehicles or bicycles in the road right-of-way or on property other
than that of the owner of the dog.
F.
Be in any town park or designated area in the town
unless under the control of a competent person and on a six-foot lead
for any reason except for dog shows or other functions approved by
the Town Board.
G.
Be in the town park on any Fourth of July after dusk.
This Article shall be enforced by any dog control
officer, peace officer, when acting pursuant to his special duties,
or any police officer within the jurisdiction of the Town of Pendleton.
[Amended 5-12-2014]
A.
Any dog found in violation of the provisions of § 119-8 of this article may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
B.
Every dog seized which is thereafter impounded shall
be properly cared for, sheltered, fed and watered for the redemption
periods set forth in § 118 of the Agriculture and Markets
Law.
C.
Impounded dogs may be redeemed by producing proof
of licensing and identification pursuant to the provisions of Article
7 of the Agriculture and Markets Law and by paying the impoundment
fees as shall be described in the Town of Pendleton Fee Schedule,
adopted by the Town Board by resolution, as may be amended from time
to time.
[Amended 6-13-2022 by L.L. No. 2-2022]
D.
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section, whether or not such owner chooses to redeem his or her dog.
E.
Any dog unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption pursuant to
the provisions of § 118 of the Agriculture and Markets Law.
A.
The Town Board of the Town of Pendleton, to protect
the health of the residents of the town for reasons such as rabies
outbreak, may at any time by resolution require that all dogs in such
municipality shall be securely confined between sunset and 6:30 a.m.
prevailing time for the period of time designated in the resolution
or, if no period of time is so designated, until the resolution is
revoked. Such resolution shall not apply to hunting dogs while in
the control of the owner or health-aid dogs, such as Seeing Eye dogs.
B.
Any dog control officer or peace officer may seize
any dog not confined as required by such resolution, and no liability
in damages or otherwise shall be incurred on account of such seizure.
Any dog so seized shall be subject to the provisions of § 118
of the Agriculture and Markets Law. A dog shall not be deemed to be
in violation of such resolution if accompanied by and under the full
control of the owner.
C.
Notice of such resolution shall be given by publication
in the official town newspaper(s) and by filing a copy of the resolution
in the office of the Town Clerk.
Any person who observes a dog in violation of
this article may file a written complaint under oath with the Dog
Control Officer or any police officer of the Town of Pendleton specifying
the nature of the violation, the date thereof, a description of the
dog and the name and residence, if known, of the owner of such dog.
Only such complaint may serve as the basis for enforcing the provisions
of this article. The owner of such dog must be notified by the Dog
Control Officer of the complaint and the complainant's identity.
Any dog control officer, peace officer, when
acting pursuant to his special duties, or police officer in the employ
of or under contract to the Town of Pendleton 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 and
file a supporting deposition within the Town Justice Court before
the return date of the appearance ticket.
A.
Any person convicted of a violation of this article
shall be liable to a civil penalty not exceeding $50 for a first violation,
not exceeding $100 for a second violation and not exceeding $250 for
each subsequent violation.
B.
The Dog Control Officer shall file a complaint with
a Town Justice for any dog confined for a violation of this article
or New York State Law for a third occurrence, and the Town Justice
shall determine the appropriate penalty, which may include the dog
being seized without redemption.
