[HISTORY: Adopted by the Town Board of the Town of Massena as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-2010 by L.L. No. 2-2010]
Editor's Note: This local law also repealed former Art. I, Dog Licensing Fees, adopted 7-8-1987, as amended; former Art. II, Animals at Large, adopted 4-12-2000 by L.L. No. 1-2000; and former Art. III, Dog Control, adopted 4-12-2000 by L.L. No. 1-2000, as amended. This local law provided that it would take effect January 1, 2011.
The purpose of this article is to provide for the licensing and identification of dogs and control of dogs and to protect the health, safety and well-being of the persons and property for the public peace and good order in the Town of Massena by establishing certain regulations and restrictions of dogs that are consistent with the rights and privileges of other residents of the Town.
All terms not specifically defined below shall have the meaning assigned to such terms within Article 7 of the Agriculture and Markets Law of the State of New York.
As used in this article, the following terms shall have the meanings indicated:
- AGRICULTURE AND MARKETS LAW
- The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, as amended by this article, and as thereafter amended.
- Any animal restrained or kept on the premises, either within a building, kennel, or other suitable enclosure or securely fastened on a chain, wire or other effective tether to prevent the animal from endangering any person or any adjacent property or in any public street, way or place; or if the animal is being transported, that it is secured in a crate or other container or restrained in a vehicle that it cannot be expected to escape from.
- (1) Any dog that, when unprovoked, approaches and does any menacing act or aggressive action directed toward any person or in an apparent attitude of attack, upon the street, sidewalks, highways or any public grounds or places.
- (2) Any dog with a known propensity, tendency or disposition to attack when unprovoked, to cause injury or to otherwise endanger the safety of human being or domestic animals as well as household pets.
- (3) Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal, including household pets, without provocation on public or private property.
- (4) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
- Includes any dog of any sex and any age, licensed or unlicensed, unless otherwise indicated herein.
- DOG WARDEN
- The person appointed or contracted by the Town Board of the Town of Massena to assist in the enforcement of this law, or such person's authorized designee. The person shall provide services at the pleasure of the Town Board. The Dog Warden, in addition to all other powers and duties prescribed by law, shall have the authority to issue appearance tickets in accordance with Article 150 of the Criminal Procedure Law. Every dog seized by the Dog Warden shall be maintained, redeemed, sold or destroyed in accordance with Article 7 of the Agriculture and Markets Law of the State of New York.
- ENUMERATION FEE
- A fee determined by the Town Board to impose on dog owners for each unlicensed dog upon the occurrence of an enumeration performed by the Dog Warden. The current fee is $5 per dog. Future increases of the enumeration fee will be set by resolution of the Town Board or the Town of Massena.
- IDENTIFICATION TAG
- A tag issued by the Town Clerk which sets forth the identification number together with the name of the Town and State, the telephone number of the Town Clerk, and any other information deemed necessary by the Town Clerk.
- Any person who harbors or keeps any dog. If the dog is not licensed, the term "owner" shall be construed to include any person who at any time owns or has custody or control of, harbors or is otherwise responsible for any dog which is kept, bought or comes within the Town. In the event that the owner of any dog which is found to be in violation of this law is a minor, head of the household in which the minor resides shall be responsible for any acts of said dog in violation of this law.
- OWNER OF RECORD
- The person in whose name a dog was last licensed pursuant to this article.
- A person, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.
- An individual who maintains a residence within the Town of Massena, County of St. Lawrence, State of New York.
- The Town of Massena, County of St. Lawrence, State of New York
- RUNNING AT LARGE
- To be in a public place or on private land without the knowledge, consent, and approval of the owner of such lands. 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.
- UNDER CONTROL
- A dog shall be deemed under control when it is under either voice command or a suitable restraining device designed for that purpose.
The Town Clerk shall assign an identification number to a dog when it is first licensed. Such identification number shall be carried by the dog on an identification tag which shall be affixed to the collar of the dog at all times, except if a dog is participating in a dog show or within the confines of the residence.
No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which the number was assigned.
Any person wishing to replace a lost tag shall pay the sum currently set at $3 to the Town Clerk. Future lost tag replacement fees schedules will be set by the Massena Town Board by resolution.
In the event any dog which has been licensed is lost or stolen or dies the owner shall, within 10 days of discovery, notify the Town Clerk, be it by phone, e-mail, mail or fax.
No dog shall;
Knowingly be allowed to run at large within the Town of Massena.
Knowingly be allowed upon the public streets or upon any public property within the Town of Massena unless it shall be accompanied by its owner or a responsible person able to restrain and control said dog by command and unless such person accompanying said dog shall actually control and restrain said dog by some suitable device and used for that purpose.
Engage in habitual and loud howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of said dog.
Chase, jump up on or at or otherwise harass any person in such manner as to reasonable cause intimidation or fear or to put such person in reasonable apprehension of bodily harm.
Habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles while on a public street, highway, or place, or upon private property without the consent or approval of the owner of such property.
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.
If a female dog, when in heat, be off the owner's premises, unrestrained by a leash.
All dogs in the Town of Massena must be licensed with the Town Clerk by the age of four months and are required to present a valid certificate of rabies vaccination at the time of licensing or renewal of an existing license.
All dog licenses are for a period of one, two, or three years and will expire on the last day of the last month of the period for which it is issued. No license shall be issued for a period after the last day of the eleventh month following the expiration date of the current rabies certificate for the dog being licensed.
The Town of Massena will not issue purebred or kennel licenses. Each dog will be licensed individually.
There shall be no fee for any license issued for the following, as defined in Article 7 of the State Agriculture and Markets Law: guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog, or therapy dog. The license application shall define why the exemption is appropriate by the issuing Clerk.
No dog will be licensed without a valid rabies vaccination certificate.
The Town of Massena will be the only entity to issue dog licenses for Town of Massena dog owners, unless there is a signed agreement between the Town of Massena and a shelter allowing otherwise.
When a shelter is authorized to issue dog licenses on behalf of the Town of Massena, all licensing fees and seizure fees are turned over to the Town of Massena. The shelter must provide a copy of each dog license, along with a written monthly report and appropriate fees issued to the Town Clerk on a monthly basis,
No dog license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately apply for a new license for the dog.
In the case of a dog's death, the owner of record shall so notify the Town Clerk either prior to renewal of license or upon the time of such renewal.
Authority to set dog license fees by resolution of the Town Board. Pursuant to Municipal Home Rule Law § 10, by the adoption of this article, the Town of Massena, County of St. Lawrence, hereby authorizes the Town Board of the Town of Massena, County of St. Lawrence, to establish, by resolution, a schedule of dog license fees, enumeration fees and tag replacement fees. The Town Board of the Town of Massena, County of St. Lawrence, may exercise this authority as needed throughout the year.
The Town of Massena hereby establishes the fee for a dog license pursuant to § 110 of the Agriculture and Markets Law to be as follows:
The fee for altered (spayed/neutered) dogs will be $6.
The fee for unaltered (unspayed/unneutered) dogs will be $14.
The fee for altered dogs includes a surcharge of $1.
The fee for unaltered dogs includes a surcharge of $3.
Dog license fees will be set by the Town Board by resolution hereon after.
No dog license fee will be refunded.
If a tag is lost, the cost of a new tag will be $3.
Any dog found unlicensed during an Town enumeration period shall be subject to an enumeration surcharge if $5, payable at the time of licensing.
The Town of Massena's appointed/or contracted Dog Warden shall seize:
Any unlicensed dog on or off the owner's premises.
Any dog not wearing a tag, not identified and not on the owner's premises.
The Dog Warden observing a violation of this article shall issue and serve an appearance ticket for such violation. Said violation should be considered a petty offense and not a misdemeanor.
Any person who observes a dog in violation of this article may file a complaint under oath with the Dog Warden of the Town of Massena specifying the nature of the violation, the date, a description of the dog and the name and a residence, if known, of the owner of such dog. Such complaint may serve as a basis for enforcing the provisions of this article.
Upon receipt by the Dog Warden of any complaint or in the event that any dog is found by the Dog Warden to be in violation of any provision of this article, the Dog Warden, shall, if possible, seize and take into custody said dog. In any event, as soon as circumstances will permit, the Dog Warden shall issue and deliver to the owner of said dog an appearance ticket pursuant to § 126 of the Agriculture and Markets Law of the State of New York, detailing the violations and instructing the owner to appear before the Justice Court of the Town of Massena or to answer such appearance ticket by registered or certified mail, return receipt requested, within five days of the date of such violation.
If said appearance ticket is disregarded by such person, the Dog Warden or complainant may file an information with said Court, which Court shall then issue a warrant for the arrest of such person.
In the event that any dog has been seized or taken into custody by the Dog Warden, its owner shall be required to pay to the boarding facility designated by the Town the sum of $10 per day for each day during which said dog shall be boarded by the boarding facility.
Impound fees are set by local law under Agriculture and Markets Law § 110.
The owner of any dog impounded by the Town of Massena shall be entitled to redeem that dog within five business days, excluding the day the dog was impounded, from the day the dog was impounded, provided that the owner produces proof the dog is licensed and identified and pays a fee of $10 per day; and for the second day of impoundment and any thereafter a fee of $3 will be added for each additional twenty-four-hour period.
Any person convicted of a violation of this article shall be liable to a civil penalty of $25 for a first violation, $50 for a second violation and $100 for each subsequent violation.