[HISTORY: Adopted by the Town Board of the Town of Busti
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-4-1980 (Art. 16 of the 1989 Code); amended 1-1-1985; 8-4-1986]
It appearing that dogs in the Town of Busti have, in some instances,
been allowed to cause annoyance and damage to the person and properties
of others, and it appearing further that dogs properly cared for serve
a useful purpose, the Town Board of the Town of Busti enacts the following
ordinance to preserve the relationship between a dog and his master
and, at the same time, to protect the health, safety and property
of others from annoyance and damage caused by dogs.
As used in this article, the following words shall have the
following respective meanings:
The person authorized by the Town Board, from time to time,
by resolution, to enforce the provisions of this article. A Dog Control
Officer shall have all of the powers of a constable or other peace
officer in the execution of the provisions of this article, including
service of a summons, the service of an appearance ticket pursuant
to and in accordance with the Agriculture and Markets Law of the State
of New York, and the service and execution of any other order or process,
notwithstanding any provision of the Justice Court Act.
Any person who is a licensed owner of a dog and any person who keeps, feeds or harbors a dog for over one week. The owner need not be a resident of the Town of Busti, but for a violation to occur the dog must be in the portion of the Town of Busti described in § 175-3 hereof.
Except where otherwise indicated, this article shall apply to
that portion of Busti bounded as follows:
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Beginning at a point constituting the northwesterly boundary
of the Village of Lakewood, at Chautauqua Lake; running thence westerly
along Chautauqua Lake to the easterly boundary of the Town of North
Harmony; running thence southerly along the easterly boundary of the
Town of North Harmony to the center line of Hunt Road; running thence
easterly to a point where the center line of Hunt Road and the center
line of the Conrail right-of-way intersect; running thence northeasterly
to a point at which the center line of the Conrail right-of-way and
the Village of Lakewood's westerly boundary intersect; running thence
northerly along the westerly bounds of the Village of Lakewood to
the point or place of beginning.
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It shall be unlawful for any owner of or any person harboring
any dog to permit or allow such dog while in the Town of Busti to:
A.
Run at large without being restrained by an adequate collar and leash
no longer than eight feet long or unless accompanied by its owner
or a responsible person able to control the dog, except when on the
owner's property or on the private property of another person with
knowledge and consent of such other person. For the purposes of this
article, a dog or dogs hunting in company with a hunter or hunters
shall be considered as accompanied by its owner.
B.
Engage in habitual loud howling or barking or to conduct itself in
such a manner as to habitually annoy any person other than the owner
or person harboring such dog.
C.
Cause damage or destruction to property or commit a nuisance upon
the premises of a person other than the owner or person harboring
such dog.
D.
Chase or otherwise harass any person in such manner as reasonably
to cause intimidation or to put such person in a reasonable apprehension
of bodily harm or injury.
E.
Habitually chase or bark at motor vehicles.
F.
Defecate in such a way as to cause annoyance to persons other than
the owner.
G.
To tip over ash cans or other devices used to contain refuse.
H.
Remain in the Town of Busti unless licensed in accordance with the
New York State Agriculture and Markets Law.
It shall be unlawful for the owner of or person harboring any
female dog to permit such dog to run at large when in heat, and such
dog shall be confined to enclosed premises of such person during such
period.
A.
This article shall be enforced by the Dog Control Officer or by the
Town Police Department or any other enforcement officer.
B.
The Dog Control Officer or peace officer observing a violation of
this article in his presence shall issue and serve an appearance ticket
for such violation, which appearance ticket shall be in the form prescribed
by the Agriculture and Markets Law of the State of New York and this
article.
Any dog which violates any of the provisions of this article
shall be impounded and taken to such place as may be designated by
the Town Board as a place of detention and shall thereby be properly
fed and cared for at the expense of the Town until disposition thereof
shall have been made in accordance with the provisions of this article.
In the event that the dog seized bears a license tag, the person
seizing the dog shall, within three days thereafter, ascertain the
name of the owner and give the owner immediate notice by serving upon
the owner an instrument, in writing, stating that the dog has been
seized, indicating when, where and why the dog was seized, and stating
that the dog will be destroyed unless redeemed or a trial is demanded
within seven days of the impounding of the dog. This provision shall
apply to the Town of Busti in its entirety.
In the event that the dog seized does not bear a license tag
or the owner is unknown, the Dog Control Officer or other law enforcement
officer shall be authorized to destroy the dog seven days after impounding
or to dispose of the dog by sale or other means, unless the owner
redeems the dog, if permitted, or unless a trial is demanded by the
owner within seven days of seizure. This provision shall apply to
the Town of Busti in its entirety.
[Amended 7-11-2022 by L.L. No. 5-2022; 10-3-2022 by L.L. No. 6-2022]
If the dog is to be redeemed after having been impounded pursuant
to state law, rule or regulation or Town law or ordinance, the owner
shall pay the Dog Control Officer a $40 fee for the care of the dog
while impounded plus an impoundment fee, as follows:
A.
Not less
than $10 for the first impoundment of any dog owned by that person;
B.
Not less
than $20 for the first 24 hours or part thereof and $10 for each additional
24 hours or part thereof for the second impoundment, within one year
of the first impoundment, of any dog owned by that person; or
C.
Not less
than $30 for the first 24 hours or part thereof and $10 for each additional
24 hours or part thereof for the third and subsequent impoundments,
within one year of the first impoundment, of any dog owned by that
person.
A.
The owner of a dog who is issued an appearance ticket pursuant to § 175-6 herein may answer the same by registered or certified mail, return receipt requested, within five days of the violation hereunder provided in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.
B.
If the person charged with the violation admits to the violation
as charged in the appearance ticket, he may complete the appropriate
form on such appearance ticket and forward such form and appearance
ticket to the office specified on such appearance ticket. Such appearance
ticket shall set forth the schedule of penalties and fines for violations
of this article, and a certified check or money order in the amount
of the penalty for the violation charged shall be submitted with such
answer.
C.
If the person charged with the violation denies part or all of the
violation as charged in the appearance ticket, he may complete the
appearance ticket likewise prescribed for that purpose and forward
such appearance ticket, together with a certified check or money order
in the amount of $15, to the office of the court specified on such
appearance ticket. Upon receipt, such answer shall be entered in the
docket and a new return date established by said court officer. Such
person shall be notified by return mail of the date and place of such
return date and/or trial, and the security shall be returned upon
appearance thereat. If a person shall fail to appear at a return date
when such is provided for pursuant to this section, the security posted
to secure such appearance shall be forfeited and a summons or a warrant
of arrest may be issued pursuant to the Criminal Procedure Law. The
person charged with a violation hereunder, should he or she request
a trial as provided herein, shall pay for the care of the dog while
impounded.
D.
In the event that there is a violation of this article based upon
an information and not an appearance ticket, and the owner of the
dog denies a violation, he shall post bail of $150, shall pay for
the care of the dog while impounded, and shall demand, in writing,
a trial. The Dog Control Officer or other law enforcement officer
shall immediately proceed to file information with a Town Justice
so that the matter will appear on the docket of the Town Justice Court
as soon as possible. The rules of procedure and proof applicable in
criminal actions shall apply.[1]
If an impounded dog is not redeemed or a trial demanded within
the time hereinbefore set forth, the owner shall forfeit title to
the dog, and it may thereafter be sold by the Town or destroyed by
the appropriate official hereinafter provided.
The Dog Control Officer is hereby authorized to sell any dog
impounded at such price as he shall determine to be fair and shall
deposit such sum in the general fund of the Town. The Town shall keep
a record of all sales, and such records shall be open to public inspection.
Such records shall be kept for one year.
In the event that it becomes necessary to destroy a dog, the
Dog Control Officer or other law enforcement officer shall arrange,
through a veterinarian or the Dog Control Officer in his facilities,
to humanely destroy and dispose of the dog. Any Dog Control Officer
that destroys a dog must make a report in writing to the Town Clerk.
This report will be kept on file for one year.
A violation of this article shall be deemed an offense, and
a person convicted of a violation shall be liable for a fine for a
first violation of $25; for a second violation, a fine of $50; and
for a third and subsequent violation, a fine of $75. In addition,
a dog found to be dangerous may be ordered securely confined or destroyed,
in the discretion of the court.
The owner, possessor or harborer or any dog destroyed under
the provisions of this article shall not be entitled to any compensation,
and no action shall be maintainable thereafter to recover the value
of the dog.
[Added 8-25-2000 by L.L. No. 2-2000; amended 12-6-2010 by L.L. No.
2-2010]
A.
License required. All dogs within the Town of Busti four months of
age or older, unless otherwise exempted, shall be licensed. The owner
of each dog required to be licensed shall obtain, complete and return
to the Busti Town Clerk 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 of Busti. 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.
B.
Expiration of license. All dog licenses shall be valid for a period
of one year, two years, or three years, at the owner's option, and
shall expire at the end of the month one, two or three years from
the date of issuance.
C.
License fees and manner of purchase.
(3)
A multiyear license shall be available only to dogs on a three-year
rabies vaccination cycle.
(4)
All licenses shall be purchased in person at the Town offices. There
shall be no refund of fees.
(5)
All license fees shall be used in funding the administration of the
Dog Control Law of the Town of Busti.
(6)
Such fees may be reviewed from time to time by the Town Board and
amended by resolution of the Town Board, as it deems necessary.
D.
Enumeration fee. When the Town Board determines the need for a dog
enumeration, a fee of $5 will be assessed to the owner of any dog
found unlicensed or for which the license has expired and has not
been renewed at the time the enumeration is conducted.
F.
Service dogs. The Town of Busti shall require a license for any guide
dog, service dog, hearing dog or detection dog, as those terms are
defined by Article 7 of the Agriculture and Markets Law, but no license
fee shall be required therefor.
G.
Shelters. The Town of Busti does not allow the licensing of dogs
by a shelter. The shelter shall send the adoptive dog owners to the
Clerk of the town or city in which the dog will be harbored for licensing
or to the Town Clerk of the Town of Busti where the shelter is located
for the purchase of licensing prior to adoption.
[Adopted 11-7-2022 by L.L. No. 7-2022]
A.
The Town Board believes a local law addressing feral and community
cats will reduce the population of free-roaming cats, reduce annoyance
caused to some people by feral or community cats, positively affect
the health and welfare of feral and community cats, and reduce the
problems sometimes associated with feral or community cats.
B.
The trap neuter vaccinate return (TNVR) method is the only proven
mechanism to stabilize and/or reduce existing feral and community
cat populations and address potential disease concerns. The Town of
Busti endorses TNVR policies as the model to stabilize and/or reduce
existing feral and community cat populations, which would address
potential disease concerns and increase the quality of life for both
the citizens of Busti as well as the feral and community cat populations.
Recent research shows that when TNVR is not possible, leaving the
feral and community cat population undisturbed provides the best alternative.
Approval for an effective TNVR program with the alternative of leaving
the feral and community cat population undisturbed when TNVR is not
possible is desirable.
C.
It is in the best interest of the Town of Busti to protect the health,
safety, and welfare of feral and community cats as well as Busti residents
by setting the following standards for management of feral and community
cats.
As used in this article, the following words shall have the
following respective meanings:
Not confined, outside an area of escape such as a pen, corral,
yard, cage, house, vehicle, or other secure enclosure, unless otherwise
under appropriate human control.
A group of one or more community cats.
Any cat that is:
Homeless, stray, or at large, where the cat a) has been socialized
to people, or is less than five weeks old; b) could become feral as
connection with humans is farther removed; and c) in the case of cats
older than five weeks, has a good potential to quickly become domesticated
once again; or
Feral, where the cat a) is not socialized towards humans; b)
is born in the wild or is the offspring of an owned cat; or c) is
a formerly owned cat that has been abandoned; or
A cat that lives in the community but is not owned by a human.
A cat that is social towards humans, that currently lives
within the residence or on the property of a person or persons accepted
as the cat's owner, and that is considered appropriate as a companion
for humans.
A straight-line cutting of the tip of the left ear of a cat
while the cat is anesthetized.
To permanently sterilize male cats to render them incapable
of impregnating female cats by means of either surgery performed to
remove the reproductive organs or chemical sterilization by which
the cats are injected with a drug approved by the United States Food
and Drug Administration for that purpose.
To permanently sterilize female cats to prevent estrus (heat)
cycles and eliminate their ability to become pregnant by means of
either surgery performed to remove the ovaries and uterus or chemical
sterilization by which the cats are injected with a drug approved
by the United States Food and Drug Administration for that purpose.
To spay or neuter a cat.
A program in which community cats are humanely trapped, evaluated,
vaccinated, sterilized, and ear tipped by a veterinarian and returned
to the trap location with the intent of controlling or reducing feline
population and reproduction.
A person licensed to practice veterinary medicine in the
State of New York.
A.
TNVR of community cats shall be legal in Town of Busti and interested
citizens are encouraged to participate in and support TNVR activities
on a voluntary basis.
B.
All persons who attempt to trap community cats for TNVR in Town of
Busti should be familiar with the guidelines supported by regional
and national feral and community cat organizations, as well as the
American Veterinary Medical Association (AVMA), regarding appropriate
methods of TNVR.
C.
Socialized cats and all kittens subject to TNVR shall be eligible
to be, but not mandated to be, re-socialized and put up for adoption.
D.
An ear-tipped cat received by local shelters shall be returned to
the location where trapped unless veterinary care is required. A trapped
ear-tipped cat shall be released on site unless veterinary care is
required.
E.
Animal control officers shall use appropriate opportunities to inform
stakeholders about TNVR.
F.
Proof of ownership shall not be required to claim a community cat
from a local shelter.
Animal control officers within the Town of Busti shall implement
and administer this article with the goal of reducing intakes and
the eliminating humane destruction of cats via TNVR, in consultation
with community cat welfare experts.
