[HISTORY: Adopted by the Town Board of the
Town of Berne as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-9-1994 by L.L. No. 1-1994;
amended in its entirety 2-23-2022 by L.L. No. 1-2022]
A.
This article amends the Town of Berne Code, Chapter 75, enacted under Local Law 1-1994, relating to the regulation of dogs within the Town of Berne.
B.
The Town Board of the Town of Berne, New York, finds that the uncontrolled behavior of licensed and unlicensed dogs and uncontrolled animals has caused physical harm to persons, damage to property and has created nuisances within the Town of Berne. The purpose of this article is to protect the health, safety and well-being of persons and property within the Town of Berne. These amendments are not intended to require licensure of any animal except of dogs as set for in Chapter 75, Article II.
This article shall be known as the "Animal Control Law of the
Town of Berne."
All terms in this article shall have the same meanings as set
forth in Article 7, § 108, of the New York State Agricultural
and Markets Law, including the following terms:
Any member of the species Canis familiaris.
Any domesticated dog, cat, sheep, horse, cattle, fallow deer,
red deer, sika deer, whitetail deer which is raised under license
from the Department of Environmental Conservation, llama, goat, swine,
fowl, duck, goose, swan, turkey, confined domestic hare or rabbit,
pheasant or other bird which is raised in confinement under license
from the State Department of Environmental Conservation before release
from captivity, except that the varieties of fowl commonly used for
cock fights shall not be considered domestic animals for the purposes
of this article.
Any person who harbors or keeps any domestic animals.
To be in or on lands within a Town park or on private lands
without the knowledge, consent and approval of the owner of such lands.
A.
Dogs and
domestic animals are to be under the control of their owner or a responsible
person able to control them by command and shall not be permitted
to run at large. Dogs hunting in the company of a hunter or hunters
shall be considered as accompanied by their owner.
B.
It shall
be unlawful for any owner of any dog or domestic animal in the Town
of Berne to permit or allow such dog or domestic animal to:
(1)
Engage
in habitual loud howling, barking, crying or whining or conduct itself
in such a manner so as to unreasonably and habitually disturb the
comfort or repose of any person other than the owner of such dog or
domestic animal with consideration to normal practices.
(2)
Uproot,
dig or otherwise damage any vegetables, lawn, flowers, garden beds
or other property not belonging to the owner of such dog or domestic
animal.
(3)
While
on property not belonging to the owner or harborer of such dog or
domestic animal, chase, 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.
(4)
Habitually
chase, run alongside of, bark or otherwise threaten bike riders or
other moving vehicles while such vehicles are on a public street or
highway or upon public or private property other than the property
of the owner or harborer of said dog or domestic animal.
(5)
Create
a nuisance by defecating, urinating or digging on public property
or private property other than the property of the owner or harborer
of said dog or domestic animal.
(6)
If a
female dog, be off the owner's property when the dog is in heat, unless
the dog is accompanied by its owner.
C.
Establishment
of the fact or facts that the owner of a dog or domestic animal has
allowed or permitted such animal to commit any of the acts prohibited
by this article shall be presumptive evidence against the owner or
harborer that s/he has failed to properly confine or control such
dog or domestic animal.
A.
Any person
who observes a dog or domestic animal in violation of this article
may file a complaint under oath with the Town Clerk specifying the
nature of the violation, the date thereof, a description of the dog
or domestic animal, and the name and residence, if known, of the owner
of the dog or domestic animal. In such event, the complaint shall
then be delivered to a Town Justice as soon as possible for further
proceedings as hereinafter set forth. Alternatively, such sworn complaint
may be filed with the Animal Control Officer or any other person authorized
and designated by the Town Board to receive such complaints. Upon
reasonable belief by the Animal Control Officer that there has been
a violation of this article or Article 7 of the Agriculture and Markets
Law of the State of New York, such Animal Control Officer shall issue
an appearance ticket requiring the owner or harborer of the dog or
domestic animal to appear before a Town Justice. Owners or harborers
of dangerous dogs as defined in § 108, Subdivision 24, of
the Agriculture and Markets Law of the State of New York may also
be prosecuted under § 123 of that law, which may subject
said owner to additional fines and/or destruction of the dog involved.
The Animal Control Officer shall initiate dangerous dog proceedings
when warranted pursuant to § 123 of the Agriculture and
Markets Law of the State of New York.
B.
Upon receipt
by the Town Justice of any such complaint, s/he shall summon the alleged
owner to appear in person before him, at which time the owner shall
have the opportunity to be represented by counsel. The Town Justice
shall hold a hearing for the purpose of determining whether or not
the owner or harborer of the dog or domestic animal which is the subject
of the complaint is in violation of this article or Article 7 of the
Agriculture and Markets Law of the State of New York. If the owner
or harborer of such dog or domestic animal concedes the complaint
or if, after a hearing, the Town Justice finds the owner or harborer
of such dog or domestic animal to be in violation, s/he may, in addition
to the penalties hereafter set forth, order the owner or person harboring
said dog or domestic animal to confinement to the premises of the
owner, subject to seizure by the Animal Control Officer for failure
to obey such order.
C.
No person shall hinder, resist or oppose the Animal Control Officer, peace officer or other person(s) authorized to administer or enforce the provisions of this article or Article 7 of the Agriculture and Markets Law of the State of New York in the performance of the officer's duties under this article or Article 7 of the Agriculture and Markets Law of the State of New York. A violation of this section shall constitute a violation of this article and Article 7 of the Agriculture and Markets Law of the State of New York and shall be subject to penalties as stated in § 75-6 below.
D.
The Town
shall not be liable or responsible for any injury to persons or damage
to property due to the Town's actions, or failures to act, under or
pursuant to this article, unless it is proven to a reasonable degree
of certainty that such injury or damage was solely caused by a willful
or intentional act of the Town. In addition to the foregoing, the
Town shall not be liable or responsible for any destruction of any
animal pursuant to this article or the provisions of the New York
State Agriculture and Markets Law.
A.
The Town
may elect either to prosecute such action as a violation under the
Penal Law or to commence an action to recover a civil penalty. A violation
of this article shall be punishable, subject to such an election,
either:
(1)
Where
prosecuted pursuant to the Penal Law, by a fine of not less than $25,
except that:
(a)
Where
the person was found to have violated this article or Article 7 of
the Agriculture and Markets Law within the preceding five years, the
fine may be not less than $50; and
(b)
Where
the person was found to have committed two or more such violations
within the preceding five years, it shall be punishable by a fine
of not less than $100 or imprisonment for not more than 15 days, or
both.
(2)
Where
prosecuted as an action to recover a civil penalty, by a civil penalty
of not less than $25 nor more than $100 for the first violation, and
not less than $100 nor more than $500 for subsequent violations within
a six-month period. Each separate offense shall constitute an additional
violation.
B.
In addition
to penalties set forth in this article or in Article 7 of the Agriculture
and Markets Law and/or New York Penal Law, all court costs and legal
fees incurred by the Town shall be the financial responsibility of
the defendant if such defendant concedes the violation of this article
or Article 7 of the Agriculture and Markets Law of the State of New
York or is found in violation of this article or said Article 7 by
a Town Justice.
C.
Nothing
in this article shall limit the private right of action of any property
owner to commence a private party action or proceeding against any
person found to be in violation of this article.
A.
The Town
Animal Control Officer or any person so designated by the Town Board
is authorized to seize any dog found violating this article, exercising
such degree of force as shall be necessary to effect such seizure
without intentionally injuring or harming such dog, and such dog shall
be impounded and disposed of in accordance with the provisions of
Article 7 of the Agriculture and Markets Law.
B.
The owner
of any dog so seized shall be notified if the owner is ascertainable
from the dog's license tag. The owner or any adult member of his family
may redeem the dog within five days, upon payment of impoundment fees,
and license fee if the dog is unlicensed. If any dog is not so redeemed,
the owner shall forfeit all title thereto and the dog shall be sold
or otherwise disposed of. No action shall be maintained against the
Town of Berne, any duly designated Animal 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.
Any Town Justice of the Town of Berne shall have jurisdiction
to hear all complaints under this article and of all actions and proceedings
hereunder and of all prosecutions for the violation of this article.
[Adopted 12-29-2010 by L.L. No. 5-2010[1]]
[1]
Editor's Note: This article provided for an effective date
of 1-1-2011.
This article shall be entitled the "Town of Berne Dog Licensing
Law."
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law, as amended by L. 2010, c. 59,
Part T, and the Municipal Home Rule Law of the State of New York.
The Town Board of the Town of Berne, County of Albany hereby
finds and declares that the purpose of this article is to provide
for the licensing and identification of dogs.
A.
All terms not specifically defined herein shall have the meaning
assigned to such terms within § 108 of the Agriculture and
Markets Law of the State of New York.
B.
AGRICULTURE AND MARKETS LAW
IDENTIFICATION TAG
OWNER
OWNER OF RECORD
PERSON
RESIDENT
RUN AT LARGE
TOWN
As used in this article, the following terms shall have the meanings
indicated:
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.
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 or other animal.
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
Berne, County of Albany, State of New York.
To be in a public place or on private land without the knowledge,
consent, and approval of the owner of such lands.
The Town of Berne, County of Albany, State of New York.
A.
No person shall own or possess a dog within the Town unless such
dog is licensed and identified as provided in Article 7 of the Agriculture
and Markets Law and laws of the Town.
B.
All dogs within the Town that are four months of age or older, unless
otherwise exempted, shall be licensed. No license shall be required
for any dog which is under the age of four months and which is not
at large.
C.
The owner of each dog required to be licensed shall obtain, complete
and return to the Town Clerk of the Town a dog license application
together with the license application fee, any applicable license
surcharges and such additional fees as may be established by the Town.
The Town does not allow the licensing of dogs by a shelter.
A shelter must send the adoptive dog owners to the Town Clerk of the
town or city where the dog will be harbored for licensing or where
the shelter is located for the purchase of the license for adoption
purposes.
Each 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.
Each license issued pursuant to this article shall be valid
for a period of one year and shall expire on December 31 of the year
in which it was issued regardless of the date of issuance. No license
shall be issued for a period expiring after the last day of the 11th
month following the expiration date of the current rabies certificate
for the dog being licensed.
Licensing fees shall be as follows:
B.
State-mandated animal population control surcharge.
(1)
Each individual dog license for a spayed or neutered dog shall be
subject to an animal population control surcharge in the amount of
$1 payable at the time the dog license application is filed.
(2)
Each individual dog license for an unspayed or unneutered dog shall
be subject to an animal population control surcharge in the amount
of $3 payable at the time the dog license application is filed.
C.
Dog enumeration surcharge. Each dog found to be unlicensed during
a Town dog enumeration, shall be subject to a dog enumeration surcharge
of $25 payable at the time the application is filed to license said
dog.
D.
Replacement tag fee. A replacement tag fee of $3 shall be charged
to offset the costs associated with the provision and replacement
of identification tags.
A.
Upon validation by the Town Clerk of the Town, a dog license shall
be issued and a record of its issuance retained in the office of the
Town Clerk. Such record shall be made available upon request to the
State Commissioner of Agriculture and Markets, or successor thereof.
B.
No 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. A license cannot be transferred to another dog.
C.
Change of ownership; lost or stolen dogs; death.
(1)
Upon the transfer of ownership of any dog, the new owner shall immediately
make application for a license for such dog. The original issued identification
tag shall remain the same for the life of the dog.
(2)
In the event of a change in ownership of any dog which has been assigned
an official identification number or in the event of a change of address
of the owner of record of any such dog, the owner of record shall,
within 30 days of such change, notify the Town Clerk.
(3)
If any dog which has been assigned an official identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Town Clerk.
(4)
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.
D.
Identification tag.
(1)
The Town Clerk shall assign a Town permanent official 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.
(2)
An identification tag is not required to be worn while the dog is
participating in a dog show.
(3)
The official permanent identification number shall constitute the
official identification of the dog to which it is assigned, regardless
of changes of ownership, and the number shall not be reassigned to
any other dog during the lifetime of the dog to which it is assigned.
(4)
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which the number has been
assigned
(5)
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no additional charge. Any replacement
tag shall be obtained by the owner at the owner's expense. Any person
wishing to replace a tag previously issued shall pay the sum of $3
to the Town Clerk for a replacement tag.
There will not be distinct purebred licenses as previously provided
for by the state. Any and all existing purebred licenses will now
be required to comply with this article.
Any person convicted of a violation of this article shall be
liable for a civil penalty of $25 for a first violation; of $50 for
a second violation; and $75 for each subsequent violation.
