[HISTORY: Adopted by the Town Board of the
Town of Walworth as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-16-2010 by L.L. No. 7-2010]
This article shall be known as the "Dog Licensing and Control"
of the Town of Walworth, Wayne County, New York.
The purpose of this article shall be to preserve the public
peace and good order in the Town of Walworth and to contribute to
the public welfare, safety and good order of its people by establishing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of owners of dogs and
of other residents of the Town of Walworth, providing 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.
This article is enacted pursuant to the provisions of Article
7, Licensing, Identification and Control of Dogs, of the New York
State Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York.
A.
All terms not specifically defined herein shall have the meanings
assigned to such terms within § 108 of the New York State
Agriculture and Markets Law.
B.
ADOPTION
AGRICULTURE AND MARKETS LAW
AT LARGE
CLERK
DANGEROUS DOG
(1)
(a)
(b)
(c)
(2)
DOGS
DOG WARDEN or DOG CONTROL OFFICER
EUTHANIZE
HARBOR
IDENTIFICATION TAG
LEASHED or RESTRAINED
OWNER
PACK
POLICE WORK DOG
RECOGNIZED REGISTRY ASSOCIATION
WAR DOG
As used in this article, the following terms shall have the meanings
indicated:
The delivery of any dog, seized or surrendered, to any natural
person 18 years of age or older for the limited purpose of harboring
as a pet.
The New York State Agriculture and Markets Law in effect
as of the effective date of this article and as thereafter amended.
An unleashed dog off the premises of the owner.
The Clerk of the Town of Walworth.
Any dog which:
Without justification, attacks a person, companion animal, farm
animal, or domestic animal, as such animals are defined under the
New York State Agriculture and Markets Law, and causes physical injury
or death; or
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
Without justification, attacks a service (therapy) dog, guide
dog or hearing dog and causes physical injury or death.
Does not include a police work dog which acts in the manner
described in this definition while such police work dog is being used
to assist one or more law enforcement officers in the performance
of their official duties.
Any member of the species canine familiaris.
A person or persons appointed by the Town Board of the Town
of Walworth to assist in the enforcement of this article.
To bring about death by a humane method.
To provide food or shelter to any dog.
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. The identification tag shall be affixed to a dog
collar at all times pursuant to § 111 of the New York State
Agriculture and Markets Law. While participating in dog shows, dogs
are exempt.
The dog is equipped with a collar/harness to which a leash
is attached or restrained by a person having the ability to control
the dog.
Includes any person who keeps, harbors or has the care and
custody of a dog. Dogs owned by persons under the age of 18 shall
be deemed to be in the custody and control of parents or other head
of the household where the minor resides.
Three or more dogs running together or in any manner forming
a group of dogs.
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.
Any nationally recognized breed associations qualifying under
Article 7 of the New York State Agriculture and Markets Law.
Any dog which has been honorably discharged from the United
States Armed Services.
A.
Licensing of dogs. All dogs within the Town of Walworth that are
four months of age or older, unless otherwise exempted, shall be licensed.
The owner of each dog required to be licensed shall obtain a license
from the Town Clerk. Each license application shall be accompanied
by a license fee and any other applicable state fees as may be established
by resolution of the Town of Walworth and 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. In the case of a spayed or neutered
dog, each application shall be accompanied by a certificate, signed
by a licensed veterinarian, showing that the dog has been spayed or
neutered. Such certificate shall not be required if the same is already
on file with the Town Clerk. Each license issued shall be valid for
a period of one year and shall be renewable thereafter on the anniversary
date of the original license. This license shall not be transferable.
(1)
Enumeration. Upon determination by the Walworth Town Board, the Town
Board shall by resolution establish enumeration procedures and fees.
Should a dog be identified as unlicensed during enumeration, the enumeration
fees collected shall be used to pay the expenses incurred by the municipality.
(2)
Exempt. The Town of Walworth exempts the following dogs (guide, hearing,
service, war, search, detection, therapy, and police dogs) from licensing
fees. The owner must pay the applicable state fee as per the fee schedule
adopted by Town Board resolution.
C.
Animal shelters. Dogs of any age held at a shelter pursuant to a
contract or agreement with the Town of Walworth and any dogs 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,
humane society, dog protective association or veterinary facilities
are exempt from the licensing requirements set forth herein. The Town
of Walworth does not allow the licensing of dogs by a shelter. Shelters
shall send all dog owners to the Town Clerk of the Town in which the
dog will be harbored for licensing.
D.
Identification of dogs.
(1)
The Town Clerk shall assign a Town identification number to a dog
when it is first licensed, which shall be affixed to the collar of
the dog at all times.
(2)
An identification tag is not required to be worn while a dog is participating
in a dog show.
(3)
Tags shall not be affixed to the collar of any dog other than the
one to which the number has been assigned.
(4)
Any replacement tag shall be at the owner's expense, the charge to
be determined by the Town Board.
E.
Grace period. A dog harbored within the Town of Walworth 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, for a period
of 30 days, be exempt from the licensing and identification provisions
herein.
F.
Change of ownership; lost, stolen or deceased dogs. In the event
of a change in the ownership or address of any dog licensed by the
Town of Walworth or in the event that any such dog has been lost,
stolen or deceased within 10 days of such change, the owner shall
notify the Town Clerk.
A.
General. All dogs in the Town of Walworth are hereby required to
be restrained by a leash while off the owner's premises, whether such
dogs are or are not tagged or licensed; provided, however, that a
dog is permitted to be unleashed while off the owner's premises when
under restraint of its owner or any member of the owner's household
or when on the premises of another person with such person's consent
or when hunting in company with a hunter(s), and no person who owns,
keeps, harbors or has the care, custody or control of any dog in the
Town of Walworth shall permit such dog to be at large or unleashed
in said Town, except as permitted by this article.
B.
Dangerous dogs. The owner of any dog which is vicious or dangerous
to persons shall at all times restrain and control such dog so as
to prevent injury to persons. The owner shall also restrain and control
such dog so as to prevent it from running at large with a pack of
other dogs and from chasing moving vehicles, animals and children.
C.
Female dogs. Any female dog shall be confined to the premises of
the owner while such female dog is in season/heat.
D.
Nuisance. No person being the owner or agent of the owner of any
dog shall permit such dog, even though leashed or on the owner's property,
to commit any nuisances within the Town of Walworth. The following
are declared public nuisances and are set forth herein for explanatory
purposes only and are not to be considered as excluding other types
of nuisances:
(1)
Engaging in habitual loud howling or barking or conducting itself
in such a manner so as to annoy any person unreasonably and habitually
as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
It
shall constitute a violation of this section if the howling or barking
is continuous and is audible beyond the property line of the premises
on which the dog is located:
(b)
It
shall be a defense to such violation if the reason for the howling
or barking was that the dog was being incited, or was acting as a
guard dog, hearing dog, service dog or police work dog.
(2)
Chasing and/or barking at moving vehicles or persons on foot or bicycle.
(3)
Jumping upon any person or knocking any person over.
(4)
Being found upon any school grounds or upon a playground during the
time of year and time of day when said playground activities are conducted.
(5)
Running together in a pack or in any manner forming a pack of dogs.
(6)
No dog shall be permitted to run at large within the Town of Walworth
as prescribed in this article.
(7)
No dog shall be permitted upon public streets, public property or
within public buildings within the Town of Walworth unless accompanied
by an adult or by a minor who is able to restrain and control said
dog.
(8)
Damaging or defacing property not belonging to the owner of the dog.
(9)
Depositing waste or committing nuisance on the private property of
a person or party other than that of the owner of the dog, including
Town parks, recreation areas, sidewalks, paved streets and/or nonpaved
areas, such as flower beds, and grassy areas within culs-de-sac which
are public property. Owners shall remove all feces immediately, and
feces shall be disposed of in a sanitary manner. This section shall
not apply to any blind person accompanied by a guide dog or to a dog
used to assist any other physically handicapped person.
A.
Any Dog Warden or Dog Control Officer of the Town of Walworth shall
have authority to administer and enforce the provisions of this article
and, for that purpose, shall have the authority to issue appearance
tickets and to seize dogs, either on or off of the owner's premises.
B.
Any Dog Warden or Dog Control Officer of the Town of Walworth shall
seize any dog:
C.
Each dog seized in accordance with the provisions of this article
shall be properly sheltered, fed and watered for the redemption period
at the owner's expense, as established by Town Board resolution, in
accordance with the applicable provisions of the New York State Agriculture
and Markets Law.
D.
If any dog is in violation of § 56-5 or 56-6 and the dog is wearing a license tag, the Dog Warden or Dog Control Officer shall make good faith efforts to ascertain the owner of the dog and give immediate written/verbal notice to the owner, or an adult member of the family, stating that the dog is in violation of this article and will be seized unless the situation is rectified or unless the court shall rule otherwise. Alternatively, the Dog Warden or Dog Control Officer may seize any dog found in violation of § 56-5 or 56-6, and the owner of record of such dog shall be notified, personally or by regular mail, certified mail, return receipt requested, of the facts of seizure and the procedure for redemption.
E.
Each dog seized which is not identified, whether or not licensed,
shall be held for a period of five days from the day seized, during
which period the dog may be redeemed by its owner, provided that such
owner produces to the Town Clerk proof the dog is licensed and identified
and pays the applicable fees for redeeming the dog. If notification
is personally given, the dog may be redeemed by the owner within seven
days. If such notification is made by mail, such dog shall be held
for a period of nine days from the date of mailing, during which period
the dog may be redeemed by the owner. In either case, the owner may
redeem such dog upon payment of the impoundment fees prescribed and
by producing proof that the dog has been licensed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
If an owner is entitled to redeem a dog pursuant to Subsection E above, and if not redeemed, the dog shall then be made available for adoption or euthanized by the impoundment facility. The impoundment facility that destroys the dog shall immediately dispose of the same and make a monthly written report of such destruction and disposition to the Town Clerk, who shall keep a record thereof.
G.
Potentially rabid dogs.
(1)
The Dog Control Officer is hereby authorized to seize or direct the
confinement of any dog which is reported to have attacked or injured
a human being. Any such dog shall be confined by the owner for such
length of time as may be necessary for the purposes of determining
whether such dog is affected by rabies, and if so, it may be destroyed.
(2)
The owner of such dog shall, upon demand, deliver the possession
of such dog to the Dog Control Officer, or any officer authorized
to seize the same, and shall, upon demand, pay to the Town of Walworth
the cost of such confinement and treatment or destruction of the dog.
H.
Enforcement.
(1)
Any person who observes or has knowledge of a dog violating any section
of this article may file a complaint under oath with the Justice of
the Town of Walworth specifying the objectionable conduct of the dog,
the date thereof, the damage caused, a description of the dog, and
the name and address, if known, of the owner or other person harboring
the dog.
(2)
Upon receipt by said Justice of any complaint against the conduct
of any particular dog, said Justice may summon the alleged owner or
other person harboring said dog to appear in person before him or
her; if the summons is disregarded, said Justices may permit the filing
of the information and issue a warrant for the arrest of such person.
J.
The Dog Control Officer shall 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 municipal identification number of the
dog (if any), the location where seized, the reason for the seizure
and the owner's name and address, if known.
Any Justice of the Town of Walworth shall have jurisdiction
of all actions and proceedings hereunder and of all prosecutions for
the violation of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The noncompliance with any provision of this article shall be
deemed a violation under this article, and each separate offense shall
constitute a separate additional violation. Any person convicted of
a violation of this article shall be liable for a fine of the discretion
of the Town of Walworth Justice, not to exceed $250 per offense. The
provisions hereof are in addition to the regulations, restrictions,
requirements and penalties contained in Article 7 of the New York
State Agriculture and Markets Law.
Fees shall be set by resolution of the Town Board of the Town
of Walworth pursuant to New York Municipal Home Rule Law § 10
and New York State Agriculture and Markets Law § 110. By
the adoption of this article, the Town of Walworth, County of Wayne,
hereby authorizes the Town Board of the Town of Walworth, County of
Wayne, to establish, by resolution, a schedule of dog license fees,
enumeration fees, tag replacement fees, court penalties and impoundment
fees. The Town Board of the Town of Walworth, County of Wayne, may
exercise this authority as needed hereafter by resolution.
