[HISTORY: Adopted by the Town Board of the Town of Webb as
indicated in article histories. Amendments noted where applicable.]
[Adopted 6-11-1996 by Ord. No. 2-1996]
The Town of Webb, Herkimer County, New York, finds that the
uncontrolled behavior of dogs has caused physical harm to persons
and damage to property and has created nuisances within the Town.
The purpose of this article is to protect the health and safety of
persons and property by imposing restrictions and regulations upon
the keeping of dogs.
This article is enacted pursuant to authority granted by § 124
of Article 7 of the Agriculture and Markets Law.[1]
[1]
Editor’s Note: Section 122 of the Agriculture and Markets
Law was renumbered as § 122 by Chapter 59 of the Laws of 2010.
The title of this article shall be the "Dog Control Ordinance
of the Town of Webb."
As used in this article, the following terms shall have the
meanings indicated:
Several or a number of times, at least more than once.
To provide food and/or shelter to any dog.
Any person who harbors or keeps dogs. In the event that any
dog found in violation of this article shall be owned by a person
under 18 years of age, the parent or guardian of such person (or the
head of the household in which said person resides) shall be deemed
to be the owner.
It shall be unlawful for any owner of any dog to permit or allow
such dog to:
A.
Engage
in habitual loud howling, barking, crying or whining or to conduct
itself in such a manner so as to unreasonably and habitually annoy
any person.
B.
Cause damage
or destruction to property or commit a nuisance by habitually defecating
or urinating upon the premises of a person, other than the owner of
such dog.
C.
Chase or
otherwise harass any person in such a manner as reasonably to cause
intimidation or to put such people in reasonable apprehension of bodily
harm or injury.
D.
Habitually
chase, run alongside of, or bark at motor vehicles or bicycles.
[Amended 11-11-1997 by Ord. No. 2-1997]
Any person who observes a dog in violation of this article may
file a complaint, under oath, with the Animal Control Officer or police
officer, having jurisdiction within the Town of Webb, specifying the
nature of the violation, the date thereof, the description of the
dog and the name and residence, if known, of the dog owner. The Animal
Control Officer or police officer shall review the complaint and,
if a violation of this article has occurred, he or she shall issue
an appearance ticket for such violation.
Any Police Officer having jurisdiction within the Town of Webb,
or the Animal Control Officer when acting pursuant to his or her special
duties in the employ of or under contract with the Town of Webb, who
observes a violation of this article in his or her presence shall
issue and serve an appearance ticket for such violation.
This article may be enforced by a police officer having jurisdiction
within the Town of Webb, or by the Animal Control Officer when acting
pursuant to his or her special duties in the employ of or under contract
with the Town of Webb.
Any person convicted of a violation of this article shall be
deemed to have committed a violation and shall be subject to a fine
not exceeding $250 or imprisonment for a period not to exceed 15 days.
[Adopted 12-28-2010 by L.L. No. 1-2011]
The title of this article shall be "Town of Webb Dog Licensing
Law."
This article is enacted pursuant to the provisions of (Chapter
59, Part T, of the Laws of 2010) Article 7 of the Agriculture and
Markets Law and the Municipal Home Rule Law of the State of New York.
The Town Board of the Town of Webb, County of Herkimer, hereby
finds and declares that the purpose of this article is to provide
for the licensing and identification of dogs.
All terms not specifically defined herein shall have the meanings
assigned to such terms within § 108 of the Agriculture and
Markets Law of the State of New York. 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.
Any dog that is unleashed in a public place or on private
land without the knowledge, consent and approval of the owner of such
lands.
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
Any individual appointed by the Town to assist in the enforcement
of this article or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated dog protective
association under contract with the Town to assist in the enforcement
of this article.
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.
To provide food and shelter to any dog.
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within New York 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 dog carrying an identification tag as provided in § 164-9 of this article.
Any person who harbors or keeps any dog.
The person in whose name a dog was last licensed pursuant
to this article.
Any individual, partnership, corporation, association or
other organized group of persons, business entity, municipality or
other legal entity.
Any person with a disability as that term is defined in § 292,
Subdivision 21, of the New York Executive Law.
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.
An individual who maintains a residence within the Town of
Webb, County of Herkimer, State of New York.
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.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the state during the
period such dog is being trained or bred for such purposes.
The Town of Webb, County of Herkimer, State of New York.
Any dog which has been honorably discharged from the United
States Armed Services.
Any dog that is trained to aid in the search for missing
persons and is actually used for such purpose; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
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 this article.
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.
D.
Any dog harbored within the Town which is owned by a nonresident
of the Town and licensed by a jurisdiction outside the Town shall,
for a period of 30 days, be exempt from the licensing and identification
provisions of this article.
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 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.
The annual license fee for each spayed or neutered dog shall be $7,
which includes the assessment of a statutory one-dollar annual population
control surcharge; however, if the owner of record is 65 years of
age or older, the annual license fee shall be $3.50, which includes
the assessment of a statutory one-dollar annual population control
surcharge.
B.
The annual license fee for each unspayed or unneutered dog shall
be $15, which includes the assessment of a statutory three-dollar
annual population control surcharge.
C.
A replacement tag fee of $3 shall be charged to offset the costs
associated with the provision and replacement of identification tags.
D.
Each dog found to be unlicensed during a Town dog enumeration shall
be subject to a twenty-five-dollar dog enumeration surcharge to be
assessed, in addition to the dog license fee, to all dogs found to
be unlicensed or not renewed at the time the enumeration is conducted.
E.
There shall be no fee for any license issued for the following dogs,
as defined in Article 7 of the State Agriculture and Market Law and
this article: guide dog, hearing dog, service dog, war dog, working
search dog, detection dog, police work dog or therapy dog; however,
each such dog shall be licensed, and a copy of such license shall
be appropriately marked by the Town Clerk, indicating the reason for
the exemption. The dog's owner shall provide written documentation
of the dog's status in order to be exempt from such fee.
F.
The fees set forth herein shall be reviewed by the Town Board periodically
and may be changed by resolution of the Town Board, if deemed necessary.
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 of the Town. Such record shall be made available upon request
to the State Commissioner of Agriculture and Markets, or successor
thereof.
B.
Each dog licensed pursuant to this article shall be assigned, at
the time the dog is first licensed, a Town of Webb identification
number. Such identification number shall be carried by the dog on
an identification tag which shall be affixed to a collar on the dog
at all times.
C.
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.
D.
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)
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.
E.
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 other 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, in accordance with § 164-8C of this article.
A.
Any Dog Control Officer or peace officer, acting pursuant to his
special duties, or police officer shall seize:
(1)
Any dog which is not identified and which is not on the owner's
premises;
(2)
Any dog which is not licensed, whether on or off the owner's
premises;
(3)
Any licensed dog which is not in the control of its owner or custodian
or not on the premises of the dog's owner or custodian, if there
is probable cause to believe the dog is a dangerous dog as defined
by the Agriculture and Markets Law;
(4)
Any dog which poses an immediate threat to the public safety. Promptly
upon seizure, the Dog Control Officer shall commence a proceeding
as provided for in Subdivision 2 of § 123 of the New York
Agriculture and Markets Law.
B.
Any Dog Control Officer or peace officer, acting pursuant to his
special duties, or police officer may seize any dog in violation of
this article.
C.
Each dog which is not identified, whether or not licensed, shall
be held for a period of five days from the day of seizure, during
which period the dog may be redeemed by its owner, provided that such
owner produces proof that the dog has been licensed and has been identified
pursuant to the provisions of this article, and further provided that
the owner pays the following impoundment fees:
(1)
Not less than $10 for the first impoundment of any dog owned by that
person;
(2)
Not less than $20 for the first 24 hours or part thereof and $3 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
(3)
Not less than $30 for the first 24 hours or part thereof and $3 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.
D.
Procedures
for notice and redemption of identified dogs shall be as provided
in § 117 of the New York Agriculture and Markets Law.
A.
It shall be a violation, punishable as provided in Subsection C 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, special identification tag for identifying guide, service or
hearing dogs or purebred license tag;
(4)
Any person to furnish any false or misleading information on any
form required to be filed with the Town Clerk pursuant to the provisions
of this article;
B.
It shall be the duty of the Dog Control Officer to bring an action against any person who has committed any violation set forth in Subsection A of this section. The Town of Webb may elect either to prosecute such action as a violation under a penal law or to commence an action to recover a civil penalty.
C.
A violation of this section 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 section or Article
7 of the New York 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; or
(2)
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $25, except that:
(a)
When the person was found to have violated Article 7 of the
New York Agriculture and Markets Law within the preceding five years,
the civil penalty may not be less than $50; 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 less than $100.
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 article.
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 article and a certificate of rabies vaccination or statement
in lieu thereof, as required by this article 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 thereof shall be made.
E.
The Town Clerk shall provide a copy of the purebred license to the
owners and retain a record of the purebred license in the office of
the Town Clerk.
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 this article, except when the
new owner holds a valid purebred license. The annual fee for registered
purebred dogs shall be as follows:
(1)
If no more than 10 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application, $35, plus $6 per each dog.
(2)
If no more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application, $75, plus $6 per each dog.
(3)
If more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application, $150, plus $6 per each dog.
(4)
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.
This article shall be effective January 1, 2011, after filing
with the Secretary of State.
