Town of Geddes, NY Animals

It is the purpose of this article to protect the health, safety and general welfare of the inhabitants of the Town of Geddes by regulating the running at large of dogs in the Town of Geddes, New York, so as to afford consistent protection with the rights and privileges of owners of dogs and the rights and privileges of other citizens in the Town of Geddes, New York. This article is enacted pursuant to the authority conferred upon the Town Board pursuant to § 130, Subdivision 9, of the Town Law and Article 7 of the Agriculture and Markets Law of the State of New York and other applicable statutes pertaining thereto; and this article is for the purpose of regulating the running at large of dogs, whether licensed or not.

§ 65-3 Definitions.

[Amended 12-14-2010 by L.L. No. 4-2010]

As used in this article, unless the context otherwise indicates, the following terms shall have the meanings indicated:

ADOPTION

The delivery to any natural person 18 years of age or older, for the limited purpose of harboring a pet, of any dog seized or surrendered.

DOG

Any member of the species canis familiaris.

DOG CONTROL OFFICER

Any individual appointed by the Town of Geddes to assist in the enforcement of this chapter and Article 7 of the New York State Agriculture and Markets Law or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Town of Geddes to assist in the enforcement of this chapter.

GUIDE DOG

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 with the state during the period such dog is being trained or bred for such purpose.

HARBOR

To provide food or shelter to any dog.

IDENTIFICATION TAG

A tag which sets forth an official identification number, as required by the provisions of this chapter.

IDENTIFIED DOG

Any dog carrying an identification tag, as provided in Article 7 of the Agriculture and Markets Law.

OFFICIAL IDENTIFCATION NUMBER

A series or combination of letters, numbers or symbols approved and furnished by the Town of Geddes.

OWNER

Any person who keeps, harbors, or is in lawful custody, of any dog.

OWNER OF RECORD

The person in whose name any dog was last licensed pursuant to this chapter and/or Article 7 of the Agriculture and Markets Law, except that if any license is issued on application of a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person.

PERSON

Any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity.

RECOGNIZED REGISTRY ASSOCIATION

Any registry association that operates on a nationwide basis, issues numbered registration certificates and keeps such records as maybe required by the Commissioner of the Department of Agriculture and Markets.

RUNNING AT LARGE

Running, walking or otherwise roaming about without being restricted or restrained by a leash, cord, or chain not longer than six feet in length held by a person of sufficient size, strength and ability to effectively control and restrict the movements of such dog.

TOWN CLERK

Town of Geddes Town Clerk.

§ 65-4 Regulation of dogs.

It shall be unlawful for any dog to run at large, whether licensed or not, within the Town of Geddes, except as follows:

(1)

Within the owner's property, where said dog must be contained within property limits by an adequate fence or chain attached to a fixed object.

(2)

Upon premises owned or controlled by any other person, firm or corporation with the consent of such person, firm or corporation.

It shall be unlawful for any dog to be allowed to enter any town park whether at large or on a leash, carried or crated, except dogs used for training puppies with approval of the Geddes Town Board or dogs used as guide dogs or dogs used to assist the handicapped.

[Added 7-6-1999 by L.L. No. 5-1999]

§ 65-5 Noisy dogs.

[Added 11-5-1986; amended 4-13-2004 by L.L. No. 2-2004; 10-14-2014 by L.L. No. 3-2014]

Dogs communicate vocally; they may bark, whine, or howl for attention, food, as a warning, or for other reasons. A good dog owner will understand his/her dog's vocal behavior and react appropriately to prevent it from becoming a nuisance to others. When the dog owner does not address his/her dog's vocal behavior and allows its long continuance to become a disturbance to others, the Dog Control Officer may cite the owner for violating this article.

§ 65-6 Penalties for offenses; redemption periods; impoundment fees.

[Amended 2-11-1980; 10-2-1984; 1-9-2001 by L.L. No. 1-2001; 12-14-2010 by L.L. No. 4-2010; 3-12-2019 by L.L. No. 3-2019]

The fact that a dog runs at large within the Town of Geddes shall be presumptive evidence that the owner permitted the dog to run at large in violation of this article. Except as otherwise provided in § 119 of the Agriculture and Markets Law, any violation of this article shall be an offense punishable, upon conviction thereof, for the first offense by a fine of not more than $50, for the second offense by a fine of not more than $100 and for the third violation and all subsequent violations occurring within six months of the first violation by a fine of not more than $250.

In addition to the payment of any penalty or fine prescribed by this article, the owner of any dog impounded shall be entitled to redeem such dog within five business days, excluding the day the dog is impounded, from the day the dog is impounded, provided that the owner produces proof that the dog is properly licensed and identified, and pays a redemption fee, the amount of which shall be established by resolution of the Town Board and is on file with the Town Clerk. Such fees may be amended by resolution of the Town Board.

All impoundment fees shall be the property of the Town of Geddes and shall be collected by the Town Clerk. The Town Clerk shall remit all impoundment fees to the Town Supervisor on or before the fifth day of each month.

§ 65-7 Powers of peace officer, Dog Control Officer and designated representatives.

[Amended 2-9-1976; 1-9-2001 by L.L. No. 1-2001]

Peace officers, Dog Control Officers or designated representatives of the Commissioner of Agriculture and Markets duly authorized to act as such within the Town of Geddes shall seize any dog running at large in violation of this article or Article 7 of the Agriculture and Markets Law. No such Dog Control Officer, peace officer or authorized representative shall be required to enforce the provisions of this article, except upon a written complaint signed by the person making the complaint and filed with the Dog Control Officers, peace officer or authorized representative, or unless he personally witnesses the violation. All dogs seized pursuant to these regulations, both identified and unidentified, shall be held, impounded, redeemed and adopted or euthanized pursuant to the provisions of § 118 of the Agriculture and Markets Law of the State of New York. Promptly upon seizure of any identified dog, notice shall be given by such peace officer, Dog Control Officer or representative to the owner or person having custody of the dog personally or by certified mail, return receipt requested, and in accordance with § 118 of the Agriculture and Markets Law. All seized dogs shall be kept in a kennel or building or place provided by the Town of Geddes and shall be properly fed and cared for.

The Dog Control Officer, peace officer or other designated representative, having reasonable cause to believe a violation of this article has been committed in his presence, shall issue and serve an appearance ticket for such violation. The appearance ticket shall be in the form prescribed by this Board, by resolution, in accordance with the provisions of Article 7 of the Agriculture and Markets Law and this article. An answer to such appearance ticket shall be made within five days of the violation, by registered or certified mail, return receipt requested, in lieu of a personal appearance on the return date at the time and court specified in the appearance ticket, in accordance with the provisions of Article 7 of the Agriculture and Markets Law and this article. The form of an appearance ticket will be as follows. (The appearance ticket is on file and available in the Town Clerk's office.)

Article II Licensing and Identification of Dogs

[Adopted 9-25-1979 (Ch. 26, Art. II, of the 1974 Code); amended 12-14-2010 by L.L. No. 4-2010]

§ 65-8 Licensing of dogs; rabies vaccination requirement. [1]

Licensing of dogs.

(1)

The owner of any dog reaching the age of four months shall immediately make application to the Town Clerk for a dog license pursuant to Article 7 of the Agriculture and Markets Law.

(2)

The application shall state the sex, age, breed, color, official identification number, and identification marks, if any, of the dog and the name, address and telephone number of the owner.

(3)

The application shall be accompanied by a fee, as set forth in § 65-9 of this article, and a certificate of rabies vaccination or statement in lieu thereof, as required by Article 7 of the Agriculture and Markets Law. An application for a spayed or neutered dog shall be accompanied by either a certificate, executed by a licensed veterinarian, or an affidavit by the owner, verifying that such dog has been spayed or neutered; a certificate or affidavit shall not be required if the same is already on file with the Town Clerk. In lieu thereof, an owner may submit a statement, certified by a licensed veterinarian, verifying that an examination of the dog reveals that spaying or neutering will endanger the life of the dog. In such a circumstance, the license fee for the dog shall be the same as for a spayed or neutered dog, as set forth in Article 7 of the Agriculture and Markets Law.

(4)

Upon validation by the Town Clerk, the application shall become the license for the dog described therein. Once an application has been validated, no refund shall be forthcoming.

(5)

The Town Clerk shall provide a copy of the license to the owner. If the application or renewal for a dog license is made by mail and a validated copy is requested, the owner shall provide a stamped, self-addressed envelope for that purpose.

(6)

No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license.

(7)

Licenses shall be renewed on an annual basis during the original licensing month.

Relocation/relicensing.

(1)

The owner of any dog that is currently licensed in another municipality must, upon harboring such dog in the Town of Geddes, obtain a Town of Geddes dog license within 30 days.

(2)

Any dog adopted from an animal shelter must be licensed in the Town of Geddes prior to being released from such shelter.

Vaccination. The Town Clerk shall require the applicant to present a statement certified by a licensed veterinarian showing that the dog has been vaccinated to prevent rabies or, in lieu thereof, a statement certified by a licensed veterinarian stating that the administration of vaccine will endanger the life of the dog. The Town Clerk shall make, or cause to be made from such statement, a record of such information and shall file such record with a copy of the license.

[1]

Editor's Note: Former § 65-8, Seizure fee, as amended, was repealed 12-14-2010 by L.L. No. 4-2010.

§ 65-9 License fees.

A fee schedule shall be established by resolution of the Town Board of the Town of Geddes and shall be on file with the Town Clerk. Such fee schedule may thereafter be amended by resolution of the Town Board. Fees shall be charged and collected prior to the issuance of a license.

There shall be no fee for any license issued for any guide dog. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog" by the Town Clerk.

In addition to any other applicable fee, any person applying for a dog license for a dog identified as unlicensed during an enumeration conducted pursuant to Article 7 of the Agriculture and Markets Law shall pay a fee as established by resolution of the Town Board and on file with the Town Clerk. Such additional fee, the amount of which may be amended from time to time by resolution of the Town Board, shall be the property of the Town of Geddes and shall be used to pay the expenses incurred by the Town of Geddes in conducting the enumeration. In the event the additional fees collected exceed the expenses incurred by the Town of Geddes in conducting an enumeration in any year, such excess fees may be used by the Town of Geddes for any other lawful purpose.

On or before the fifth day of each month, the Town Clerk shall remit all license fees to the Town Supervisor.

§ 65-10 Identification of dogs.

Each dog licensed pursuant to this article shall be assigned, at the time of first licensing, a permanent official identification number which shall be featured on an identification tag affixed to a collar on the dog at all times, provided that a dog participating in a dog show shall be exempt from this requirement during such participation.

The official identification number shall constitute the official identification of the dog to which it is assigned, regardless of changes in ownership, and the number shall not be reassigned to any other dog during the lifetime of the dog to which it is assigned.

At the time a dog is first licensed, one identification tag shall be furnished to the owner at no charge. Should an official Town of Geddes dog identification tag be lost, a new tag will be issued at a fee prescribed by the Town Board of the Town of Geddes.

No tag carrying an official identification number shall be affixed to the collar of any dog other than the one to which that number is assigned.

The size, shape and form of imprints on identification tags shall be prescribed by resolution of the Town Board of Town of Geddes. Any tag bearing an imprint other than that prescribed shall not constitute valid identification for purposes of this section.

Fees received pursuant to this section shall be remitted by the Town Clerk to the Town Supervisor by the fifth day of each month.

§ 65-11 Change of ownership; lost or stolen dog.

In the event of a change in the ownership of any dog which has been assigned an official identification number by the Town Clerk, or a change in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, file with the Town Clerk a written report of such change. Such owner or record shall be liable for any violation of this article until such filing is made or until the dog is licensed in the name of the new owner.

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, file with the Town Clerk a written report of such loss or theft. In the case of a loss or theft, the owner of record of any such dog shall not be liable for any violation of this article or Article 7 of the Agriculture and Markets Law committed after such report is filed.

In the case of a dog's death, the owner of record shall so notify the Town Clerk, in writing, either prior to renewal of licensure or upon the time of such renewal as set forth in § 65-8 of this local law. Failure to so notify the Town Clerk shall constitute a violation and the owner of record shall be held liable.

§ 65-12 Seizure of dogs; redemption periods; impoundment fees.

[Amended 3-12-2019 by L.L. No. 3-2019]

§ 65-13 Violations.

It shall be a violation, punishable as provided in Subsection B of this section, for:

(1)

Any owner to fail to license any dog;

(2)

Any owner to fail to have any dog identified as required by this article;

(3)

Any person to knowingly affix to any dog any false or improper identification tag or special identification tag;

(4)

Any person to furnish any false or misleading information on any form required to be filed with the Town pursuant to the provisions of this article or the rules and regulations promulgated thereto; and

(5)

Any owner of a dog to fail to notify the Town of any change of ownership or address as required by § 65-11 of this article.

The Town of Geddes may elect to either prosecute such action as a violation under the Penal Law or commence an action to recover a civil penalty. A violation of this article shall be punishable, subject to such an election, either:

[Amended 3-12-2019 by L.L. No. 3-2019]

(1)

Where prosecuted pursuant to the Penal Law, by a fine of not more than $50 except that:

(a)

Where the person was found to have violated this article within the preceding five years, the fine may not be more than $100; and

(b)

Where the person was found to have committed two or more violations within the preceding five years, it shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both; or

(2)

Where prosecuted as an action to recover a civil penalty, by a civil penalty of not more than $50, except that:

(a)

Where the person was found to have violated this article within the preceding five years, the civil penalty may not be more than $100; and

(b)

Where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may not be more than $250.

Each day that failure continues shall constitute a separate violation.

§ 65-14 Severability.

Each separate provision of this chapter shall be deemed independent of all other provisions herein, and if any provisions shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable.