[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. 
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. 
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. 
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:
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.
A. 
Licensing of dogs.
(1) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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.
[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. 
No dog shall be permitted to run at large within the Town of Lima, New York.
B. 
No unspayed female dog in season shall be permitted to be outside a building or a fenced enclosure.
C. 
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. 
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.
A. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
In addition, a dog declared by a Town Justice to be a dangerous dog may be ordered securely confined or euthanized.