[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.
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:
HABITUALLY
Several or a number of times, at least more than once.
HARBOR
To provide food and/or shelter to any dog.
OWNER
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:
AGRICULTURE AND MARKETS LAW
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.
AT LARGE
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.
DETECTION DOG
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.
DOG CONTROL OFFICER
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.
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 within the state during the period
such dog is being trained or bred for such purpose.
HARBOR
To provide food and shelter to any dog.
HEARING 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.
IDENTIFICATION TAG
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.
OWNER
Any person who harbors or keeps any dog.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant
to this article.
PERSON
Any individual, partnership, corporation, association or
other organized group of persons, business entity, municipality or
other legal entity.
PERSON WITH A DISABILITY
Any person with a disability as that term is defined in § 292,
Subdivision 21, of the New York Executive Law.
POLICE WORK DOG
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.
RESIDENT
An individual who maintains a residence within the Town of
Webb, County of Herkimer, State of New York.
SERVICE DOG
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.
THERAPY DOG
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.
TOWN
The Town of Webb, County of Herkimer, State of New York.
WAR DOG
Any dog which has been honorably discharged from the United
States Armed Services.
WORKING SEARCH DOG
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.
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.
This article shall be effective January 1, 2011, after filing
with the Secretary of State.