[Adopted 12-29-2010 by L.L. No. 1-2011]
The following definitions shall apply to the licensing and control
requirements of this article:
ADOPT
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.
AGRICULTURE AND MARKETS LAW
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]
CLERK
The Town Clerk or Deputy Town Clerk of the Town of Lima,
by whom licenses are to be validated or issued.
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
Shall refer to both male and female dogs except where the
context requires otherwise.
DOG CONTROL OFFICER
Any individual appointed by the County of Livingston or the
Town of Lima to assist in the enforcement of this article.
GEESE DOG
Any dog that is trained to aid the Animal/Dog Control Officer
in the control of geese within the boundaries of the Town.
GUIDE DOG
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.
HARBOR
To provide food or shelter to any dog.
HEARING 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.
IDENTIFICATION TAG
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
LEASHED OR RESTRAINED BY A LEASH
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]
OWNER
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).
PERSON WITH DISABILITY
Any person with a disability, as that term is defined in
Subdivision 22 of § 292 of the New York State Executive
Law.
POLICE WORK DOG
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.
RUNNING AT LARGE or RUN AT LARGE
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]
A.
Accompanied by and under the immediate supervision and control
of the owner or other responsible person;
B.
A police work dog in use for police work;
C.
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
D.
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.
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 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.
TOWN
The Town of Lima, including incorporated areas.
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 that is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
It shall be a violation, punishable as provided in this article,
for:
A. Any owner to fail to license a dog.
B. Any owner to fail to have any dog identified as required by this
article.
C. Any person to knowingly affix to any dog any false or improper identification
tag or special identification tag for identifying guide, service or
hearing dogs.
A violation of this article shall be subject to a fine, which
shall not be less than $25, except that:
A. 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. 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]
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.
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. Engaging in loud howling or habitual barking or so conducting itself
in such a manner so as to disturb the public peace.
B. Chasing and/or barking at moving vehicles, bicycles or persons on
foot.
C. 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. 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. Causing damage to property of others.
F. 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. 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. 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.
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.