[HISTORY: Adopted by the Town Board of the
Town of Avon 11-18-2010 by L.L. No. 3-2010[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 3.
The title of this chapter shall be "Dog Licensing and Control
Law of the Town of Avon, County of Livingston."
This chapter 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 Avon, County of Livingston, 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
GUIDE DOG
IDENTIFICATION TAG
OWNER
OWNER OF RECORD
PERSON
RESIDENT
RUN AT LARGE
SERVICE DOG
TOWN
As used in this chapter, 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 chapter, as amended by
this chapter, and as thereafter amended.
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the state during the period
such dog is being trained or bred for such purpose.
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 chapter.
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
(A person) An individual who maintains a residence within
the Town of Avon, County of Livingston, 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.
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
The Town of Avon, County of Livingston, 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.
The shelter must send the adoptive dog owners to the Town Clerk of
the town or city in which the dog will be harbored for licensing or
to the Town Clerk of the town where the shelter is located for the
purchase of the license for adoption purposes.
Any dog harbored within the Town 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 of this chapter.
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 chapter shall be valid
for a period of one year and shall expire on the last day of the last
month of the period for which it was issued. 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.
A.
Individual dog license fees must charge at least $5 more for an individual
dog license for an unspayed or unneutered dog.
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 as
mandated by New York State as must be paid 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
as mandated by New York State as must be paid 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 surcharge fee as set
forth on the Town of Avon fee schedule payable at the time the application
is filed to license said dog.
D.
Optional replacement tag fee. A replacement tag fee surcharge shall
be charged to offset the costs associated with the provision and replacement
of identification tags.
A.
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.
B.
Change of ownership; lost or stolen dogs.
(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 10 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.
C.
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
as set forth on the Town of Avon fee schedule to the Town Clerk for
a replacement tag.
A.
The owner of one or more purebred dogs registered by a recognized
registry association as defined in Agriculture and Markets Law § 108
may annually make an application for a purebred license, in lieu of
or in addition to the individual licenses required by this chapter.
A purebred license shall be valid for a period of one year beginning
with the first day of the month following the date of issuance and
shall be renewable annually thereafter prior to the expiration date.
B.
The purebred dog license application shall state the name, address
and telephone number of the owner; the county and town where such
dogs are harbored; the sex, breed, registry name and number of each
purebred registered dog over the age of four months which is harbored
on the premises; and the sex and breed of each purebred dog over the
age of four months which is harbored on the premises and which is
eligible for registration. The application shall also include a statement
by the owner that all purebred dogs over the age of four months which
are harbored on the premises have been listed.
C.
The application shall be accompanied by the license fee prescribed
by this chapter and a certificate of rabies vaccination or statement
in lieu thereof, as required by this chapter and Article 7 of the
State Agriculture and Markets Law.
D.
Upon receipt of the foregoing items, the Clerk shall assign a license
number, which shall be reserved for the sole use of the named owner,
and shall issue a purebred license. Once a purebred license has been
issued, no refund therefor shall be made.
F.
No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of Subsection A of this section, except when the new owner holds a valid purebred license.
G.
Fees are set forth on the Town of Avon fee schedule and include the
following options:
(1)
No more than 10 registered purebred dogs or purebred dogs eligible
for registration over the age of three months are harbored on the
owner's premises at the time of the application;
(2)
If no more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of three months are harbored on the
owner's premises at the time of the application;
(3)
If more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of three months are harbored on the
owner's premises at the time of the application;
H.
Each purebred dog license shall be subject to an animal population
control surcharge in the amount of $3 payable at the time the dog
license application is filed.
Any person convicted of a violation of this chapter 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.
This chapter shall supersede all prior inconsistent local laws,
ordinances, rules and regulations relative to the licensing of dogs
within the Town. All prior inconsistent local laws, ordinances, rules
and regulations shall be, upon the effectiveness of this chapter,
null and void.
The provision of this chapter are declared to be severable,
and if any section, subsection, sentence, clause or part thereof is,
for any reason, held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of any remaining sections, subsections, sentences, clauses or part
of this chapter.
The purpose of this article shall be to preserve the public
peace 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 other residents of the Town.
A Dog Control Officer shall be appointed for the Town of Avon
for the purposes and shall have all the powers and duties contained
in § 113 of the Agriculture and Markets Law.
A.
No dog shall be permitted to run at large within the Town of Avon,
New York.
B.
No unspayed female dog in season shall be permitted to be outside
a building or a fenced enclosure.
C.
No dog shall be permitted upon the public streets or upon any public
property within the Town of Avon unless it shall be accompanied by
an adult or by a minor who is able to restrain and control said dog
and unless such person accompanying said dog shall actually control
and restrain said dog by some suitable device designed and used for
that purpose.
No person being the owner or agent of the owner of any dog shall
permit such dog to commit any nuisance within the Town of Avon or
cause damage to the person or property of others. 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.
A.
Engaging in loud howling or habitual barking or so conducting itself
in such a manner so as to disturb the public peace.
B.
Chasing and/or barking at moving vehicles or persons on foot.
C.
Jumping upon any person or knocking any person over.
D.
Running together in a pack or in any way forming a pack of dogs.
For the purpose of this article, the word "pack" is hereby defined
to mean three or more dogs.
E.
Causing damage to property of others.
Any dog which shall attack any person or domestic animal within
the meaning of Article 7, § 123, of the Agriculture and
Markets Law, shall be dealt with in accordance with such section.
The Dog Control Officer and any other peace officer authorized
by the Town to assist in the enforcement of this article and Article
7 of the Agriculture and Markets Law shall have the authority to issue
an appearance ticket, pursuant to the Criminal Procedure Law.
This chapter shall be effective January 1, 2011, after filing
with the Secretary of State.
