[Adopted 8-2-1982 by L.L. No. 3-1982 (Ch.
12 of the 1963 Code)]
The Town of Grand Island, New York finds that
the running at large and other uncontrolled behavior of dogs has caused
physical harm to persons, damage to property and created nuisances
within the Town. The purpose of this article is to protect the health,
safety and well-being of persons and property by imposing restrictions
and regulations upon the keeping or running at large of dogs and the
seizure thereof within the Town.
This article is enacted pursuant to the provisions
of Article 7 of the Agriculture and Markets Law.
As used in this article, the following terms
shall have the meanings indicated:
AT LARGE
Any dog that is not restrained by a chain or leash not exceeding
six feet in length and under the control of a responsible person,
and is on property owned by the public or is on private property not
owned or leased by the owner of the dog, unless permission for such
presence has been obtained. No dog shall be deemed to be "at large"
if it is:
A.
A guide dog actually leading a blind person.
B.
A hearing dog actually aiding a deaf person.
C.
A police work dog in use for police work.
D.
Accompanied by its owner or other responsible
person and is actively engaged in hunting or training for hunting
on posted and/or unposted land with the permission of the owner of
the land.
OWNER
Any person owning, keeping or harboring any dog, whether
licensed or not. In the event that any dog found in violation of this
article shall be owned by a person under 18 years of age, the "owner"
shall be deemed to be the parent or guardian of such person (or the
head of the household in which said person resides).
It shall be unlawful for any owner of any dog
to:
A. Permit or allow such dog, in the Town of Grand Island,
to:
(2) Engage in howling, barking, crying or whining, or
any combination thereof, for 15 minutes within a one-hour period,
provided that such howling, barking, crying or whining is audible
beyond the boundary line of the property on which the dog is located.
[Amended 4-2-2001 by L.L. No. 2-2001]
(3) Cause damage or destruction to property or commit
a nuisance by defecating or urinating upon the premises of a person
other than the owner of such dog. It shall be the duty of every person
having possession, custody or control of a dog to remove and lawfully
dispose of any feces left by said dog on the premises of a person
other than the owner of such dog.
[Amended 7-3-1995 by L.L. No. 3-1995]
(4) Chase or otherwise harass any person in such a manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
(5) Habitually chase, run alongside of or bark at motor
vehicles or bicycles.
B. Allow premises on which a dog is kept to become unclean
or unsanitary.
C. Hinder, resist or oppose any special police, the Animal
Control Officer or any employer or representative of the Town in the
performance of his duties under this article.
D. Own, keep or harbor or have care, custody or control
of any dog not licensed as required by Article 7 of the Agriculture
and Markets Law of the State of New York.
E. No person shall keep more than three dogs that are more than six months old in any structure except in a kennel authorized pursuant to Chapter
407 of this Code.
[Added 3-6-2006 by L.L. No. 1-2006]
Any control officer or peace officer in the employ of or under contract to the Town of Grand Island shall seize any dog found in violation of the provisions of §
101-4 of this article and may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
The fact that a dog is at large in the Town
of Grand Island elsewhere than on the premises of the owner or person
harboring such dog shall be presumptive evidence that the dog has
been permitted to be at large with the knowledge of the owner or person
harboring the dog.
Any person who observes a dog in violation of
this article may file a complaint under oath with the Justice of the
Town of Grand Island specifying the nature of the violation, the date
thereof, a description of the dog and the name and residence, if known,
of the owner of such dog. Such complaints may serve as the basis for
enforcing the provisions of this article.
Any animal control officer, peace officer, when
acting pursuant to his special duties, or police officer in the employ
of or under contract to the Town of Grand Island observing a violation
of this article in his presence shall issue and serve an appearance
ticket for such violation.
For the purpose of discharging the duties imposed
by this article and the provisions of Article 7 of the Agriculture
and Markets Law, each member of the special police, the Dog Control
Officer or police officer in the employ of or under contract to the
Town of Grand Island or any other Town agent or employee hereafter
designated by the Town Board for these purposes is hereby authorized
and directed to enter upon any premises upon which any dog is kept
or harbored and to demand the exhibition by the person owning or having
charge or control of such dog of the license tag for such dog.
This article shall take effect October 1, 1982.
[Adopted 11-15-2010 by L.L. No. 9-2010]
This Article
II of Chapter
101 of the Town Code of the Town of Grand Island shall be known as the "Town of Grand Island Dog Licensing Law."
The purpose of this article is to provide for the licensing
and identification of dogs within the Town of Grand Island.
In the event of a change in the ownership of any dog which has
been licensed pursuant to this article or 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 of 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.
Section
101-20 shall not apply to any person who secures a purebred permit subject to the following conditions:
A. Any premises
with more than three dogs must secure a purebred permit. The Dog Control
Officer shall issue a purebred permit after inspection of the premises.
The Dog Control Officer shall apply the following criteria for issuance
of a purebred permit:
(1) All
the dogs harbored on the premises must be purebred dogs registered
by a recognized registry association.
(2) Capacity
of the owners to provide sufficient food and water for the dogs.
(3) Capacity
of the owner to limit barking by the dogs.
(4) Sufficient
housing for the dogs.
(5) Capacity
of the owner to maintain the dogs in a clean manner.
(6) Capacity
of the owners to provide necessary veterinary care for the dogs.
(7) Capacity
of the owners to provide housing which does not subject the dogs to
extreme temperatures.
B. The Dog
Control Officer can revoke a permit if, after granting the permit,
the owner does not comply with the criteria set forth above. The permit
holder shall be notified, in writing, of the criteria with which the
owner has failed to comply. The permit holder shall be provided 60
days to correct the noted violations. In the event that the owner
fails to correct the violations of the criteria, the permit shall
be revoked.
C. In the
event that more than three dogs are housed without a purebred permit,
the individual maintaining the dogs shall have 30 days to remove the
dogs.
D. Failure
to comply with this section shall subject the responsible party to
a fine of $250 per day for each day the violation continues.
E. A fee
will be due annually for the purebred permit in an amount set forth
in the Schedule of Fees adopted by Town Board resolution and filed
in the office of the Town Clerk. In addition to this fee, all dogs
must be licensed and all licensing fees must be paid to the Town Clerk
in accordance with this article.