[HISTORY: Adopted by the Town Board of the Town of Lima as
indicated in article histories. Amendments noted where applicable.]
[Adopted 12-29-2010 by L.L. No. 1-2011]
A.Â
On June 22, 2010, Governor David Paterson signed a measure into law
as part of the 2010/2011 State Budget. The measure eliminates the
existing roles of the New York State Department of Agriculture and
Markets and county government in the licensing of dogs and moves the
remainder of the dog licensing functions required by Article 7 of
the Agriculture and Markets Law to the level of local government.
B.Â
Part T of Chapter 59 of the Laws of 2010 provides for the elimination
of the New York State Department of Agriculture and Markets' dog licensing
functions, including the agency's centralized dog licensing system.
Part T repeals a significant portion of state level mandates in terms
of licensing fees, exemptions, enumeration fee caps and penalties.
Legislative action by the Town of Lima is necessary to determine local
fees and other policies prior to January 1, 2011. Without such action,
the Town of Lima would not be able to ensure the continuity of revenue
used to pay for the local licensing function.
C.Â
Because the Town Board of the Town of Lima recognizes that certain
adjustments to its regulations must be made from time to time in order
to preserve the health and safety of its residents, the Town Board
finds that it is in the best interest of the Town of Lima to amend
the Code of the Town of Lima.
The following definitions shall apply to the licensing and control
requirements of this article:
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,
from an animal shelter run by the Town or Livingston County.
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.
[Added 11-5-2019 by L.L.
No. 5-2019]
The Town Clerk or Deputy Town Clerk of the Town of Lima,
by whom licenses are to be validated or issued.
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.
Shall refer to both male and female dogs except where the
context requires otherwise.
Any individual appointed by the County of Livingston or the
Town of Lima to assist in the enforcement of this article.
Any dog that is trained to aid the Animal/Dog Control Officer
in the control of geese within the boundaries of the Town.
Any dog that is trained to aid a person who is blind and
that is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred.
To provide food or shelter to any dog.
Any dog that is trained to aid a person with a hearing impairment
and that is actually used for such purpose, or any dog owned by a
recognized training center located within the State of New York during
the period such dog is being trained or bred for such training.
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
The dog is equipped with a collar or harness to which is
attached a leash of not more than eight feet in length, both collar
or harness and leash of sufficient strength to restrain the dog and
which leash is held by a person having the ability to control and
restrain the dog by means of the collar or harness and the leash.
[Added 11-5-2019 by L.L.
No. 5-2019]
Any person who harbors or keeps any dog. In the event 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).
Any person with a disability, as that term is defined in
Subdivision 22 of § 292 of the New York State Executive
Law.
Any dog owned or harbored by any municipal police department
or any state or federal law enforcement agency, which dog has been
trained to aid law enforcement officers and is actually being used
for police work purposes.
Any dog that is unleashed and on property open to 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 "running at large" if it is:
[Added 11-5-2019 by L.L.
No. 5-2019]
Accompanied by and under the immediate supervision and control
of the owner or other responsible person;
A police work dog in use for police work;
Accompanied by its owner or other responsible person and is
actively engaged in hunting or training for hunting on private land
with the permission of the owner of the land; or
Is actively engaged as a livestock protection dog or a herd
dog and is in the company of its designated livestock on lands owned
or leased by the owner of the dog, or by the permission of the owner
or lessor 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.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and that is actually used for such purpose, or any
dog owned by a recognized training center located within the State
of New York during the period such dog is being trained or bred for
such purpose.
The Town of Lima, including incorporated areas.
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 that is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
A.Â
Licensing of dogs.
(1)Â
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for
any dog under the age of four months that is not at large. A license
shall be renewed after a period of one year beginning with the first
day of the month following the date of issuance. Renewals shall be
for one-year terms.
(2)Â
Application for a dog license shall be made to the Clerk, or in the
instance of adoption from the Livingston County Dog Control facility,
an application can be made to a Dog Control Officer from that facility
and a license issued therefrom.
(3)Â
The application shall state the sex, actual or approximate year of
birth, breed, color(s), and official identification number of the
dog, and other identification markers, if any, and the name, address,
telephone number, county and town of residence of owner.
(4)Â
The application shall be accompanied by a license fee as listed below
and a valid certificate of rabies vaccination or statement in lieu
thereof. In the case of a spayed or neutered dog, every application
shall also be accompanied by a certificate signed by a licensed veterinarian
showing that the dog has been spayed or neutered, provided that such
certificate shall not be required if the same is already on file with
the Clerk, or in the alternative, a sworn affidavit from the owner
indicating that the dog has been spayed or neutered.
(5)Â
The fees for a dog license shall be as set forth on the fee schedule
adopted by the Town Board from time to time and available in the office
of the Town Clerk.
(a)Â
There shall be no fee charged for the license issued for any
detection dog, geese dog, guide dog, hearing dog, police work dog,
service dog, therapy dog, war dog or working search dog or any dog
owned by a senior resident.
(b)Â
The Clerk shall be authorized to charge fees to an owner for
reimbursement of any charges incurred by the Town by virtue of any
services provided by a Dog Control Officer in the execution or enforcement
of this article.
(6)Â
Upon validation by the Clerk (or a Dog Control Officer from the Livingston
County Dog Control facility), the application shall become a license
for the dog described therein. Once an application has been validated,
no refund shall be made.
(7)Â
The Clerk (or a Dog Control Officer from the Livingston County Dog
Control facility) shall provide a copy of the license to the owner
and retain a record of the license in either paper or electronic format.
(8)Â
No license shall be transferable. 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, excepting that if a tag is
lost or destroyed, the Clerk is authorized to issue a new tag with
a different identification number and the owner shall pay a fee as
designated by the Town for such purpose.
B.Â
Rabies vaccination. The Clerk, at the time of issuing any license
pursuant to this article, shall require the applicant to present a
statement certified by a licensed veterinarian showing that the dog
or dogs have been vaccinated to prevent rabies or, in lieu thereof,
a statement certified by a licensed veterinarian stating that, because
of age or other reason, the life of the dog or dogs would be endangered
by the administration of vaccine. The Clerk shall make or cause to
be made from such statement a record of such information and file
such record with a copy of the license.
C.Â
Enumeration. In addition to other applicable fees, any person applying
for a dog license for a dog identified as unlicensed during an enumeration
shall pay a fee of $5. Such additional fee shall be used to pay the
expenses incurred by the Town in conducting the enumeration. In the
event that the additional fees collected exceed the expenses incurred
by the Town in conducting an enumeration in any year, such excess
fees may be used by the Town for any other lawful purpose.
A.Â
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, a permanent official identification number. Such
identification number shall be carried by the dog on an identification
tag that shall be affixed to a collar on the dog at all times.
B.Â
The official 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.
C.Â
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no charge. Any replacement tag shall
be obtained by the owner at his expense at a fee pursuant to a fee
schedule adopted by the Town Board from time to time and available
in the office of the Town Clerk.
D.Â
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number has
been assigned.
E.Â
The identification tag shall be imprinted with the words "Lima, NY,"
a unique identification number, and the telephone number of the Town
Clerk's office.
A.Â
In the event of a change in ownership of any dog that has been assigned
an official identification number or in the address of the owner of
record of any such dog, the owner of record shall, within 10 days
of such change, notify the Clerk.
B.Â
If any dog that 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 Clerk.
C.Â
In the case of a dog's death, the owner of record shall so notify
the Clerk, either prior to renewal of license or upon the time of
such renewal.
It shall be a violation, punishable as provided in this article,
for:
A violation of this article shall be subject to a fine, which
shall not be less than $25, except that:
A.Â
Where the person was found to have violated this article within the
preceding five years, the fine shall not be less than $50; and
B.Â
Where the person was found to have committed two or more violations
of this article within the preceding five years, the fine shall not
be less than $100 or imprisonment for not more than 15 days, or both.
This article shall take effect January 1, 2011, after filing
with the Secretary of State in Albany.
[Adopted 11-5-2019 by L.L. No. 5-2019[1]]
[1]
Editor's Note: This local law also retitled this chapter from
"Animals" to "Dogs."
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 all residents of the Town.
A.Â
No dog shall be permitted to run at large within the Town of Lima,
New York.
B.Â
No unspayed female dog in season shall be permitted to be outside
a building or a fenced enclosure.
C.Â
No dog shall be permitted upon the public streets or upon any public
property within the Town of Lima 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 or method 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 Lima 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.Â
Engaging in loud howling or habitual barking or so conducting itself
in such a manner so as to disturb the public peace.
B.Â
Chasing and/or barking at moving vehicles, bicycles or persons on
foot.
C.Â
Jumping upon any person, knocking any person over, biting, chasing
or otherwise harassing any person in such a manner as to intimidate
or cause a person to fear bodily injury or harm.
D.Â
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.Â
Causing damage to property of others.
F.Â
Killing or injuring any other dog, cat or other domesticated or farm
animal.
Any dog which shall attack any person or domestic animal within
the meaning of Article 7 of the Agriculture and Markets Law, shall
be dealt with in accordance with such section.
[Amended 6-7-2022 by L.L. No. 1-2022]
A.Â
A person impacted by a dog in violation of this article may file
a complaint with the Livingston County Dog Control Officer specifying
the objectionable conduct of the dog, the date thereof, the damage
caused, a description of the dog and name, if known, and the name
and address of the owner or person harboring said dog.
B.Â
Upon receipt by the Livingston County Dog Control Officer of any
accusatory instrument and supporting information concerning violations
of this article, in writing, against the conduct of any particular
dog, he/she shall serve the owner or harborer of said dog with a summons
to appear in the Town of Lima Justice Court.
A.Â
Any dog found in violation of the provisions of § 84-11 of this article may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
B.Â
Every dog seized shall be properly cared for, sheltered, fed and
watered for the redemption period set forth in § 118 of
the Agriculture and Markets Law.
C.Â
Seized dogs may be redeemed by producing proof of licensing and identification
pursuant to Article 7 of the Agriculture and Markets Law and by paying
the redemption fees set forth in § 118 of said Article.
D.Â
Any dog unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provisions of § 118 of the Agriculture and Markets
Law.
E.Â
All impoundment fees shall be the property of the County of Livingston
and shall be used only for the controlling of dogs and the enforcement
of this article for so long as Livingston County continues to provide
contract services for dog control and enforcement to the Town of Lima.
The Town Civil Officer (if any) and/or the Livingston County
Dog Control Officer or 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 and supporting information, pursuant to the Criminal Procedure
Law.
A.Â
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 to
exceed $250 or imprisonment for a period not to exceed 15 days.
B.Â
The Justice Court may also direct the owner to relinquish ownership
of the dog to the Town for disposition through Livingston County's
impound facility.
C.Â
In addition, a dog declared by a Town Justice to be a dangerous dog
may be ordered securely confined or euthanized.
