Town of Schroeppel, NY Dogs

Any person owning, possessing or harboring a dog four months of age or over in the Town of Schroeppel shall maintain a valid license for said dog and shall place and keep on such dog a collar to which shall be securely attached a valid identification tag for that dog, in accordance with the requirements of this chapter. No license shall be required for any dog which is under the age of four months and which is not at large except as otherwise provided in this chapter.

The Town of Schroeppel does not allow the licensing of dogs by a shelter or the Dog Control Officer. The shelter must send the adoptive dog owner(s) to the office of the Town Clerk in which the dog will be harbored for licensing or to the office of the Town Clerk where the shelter is located for the purchase of the license for adoption purposes.

All dog licenses may be purchased from the office of the Town Clerk in person or by regular mail. If licensing or renewing a license by mail, the appropriate fee must accompany the licensing forms.

All dog licenses shall be for a period of one year and shall expire on the last day of the month one year from the date of issue.

Rabies vaccination required. At the time of licensing or license renewal, a current, valid certificate indicating the dog has been vaccinated to prevent the spread of rabies is required herein and must be surrendered to the office of the Town Clerk.

Any person owning or possessing or harboring a dog, who willfully fails or refuses to submit said dog for vaccination within 10 days after a request by the Dog Control Officer, peace officer, police officer or health officer shall be subject to the penalties provided in this chapter.

In lieu of the rabies certificate, an owner may present a statement certified by a licensed veterinarian stating that he has examined the dog and found that the life of the dog would be endangered by vaccinating due to old age or other reasons.

Spayed or neutered dogs. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered, provided such certificate or affidavit shall not be required if the same is already on file with the office of the Town Clerk. In lieu of the spay or neuter certificate, an owner may present a statement certified by a licensed veterinarian stating that he has examined the dog and found that because of old age or other reason the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog.

Application fee. Applications for a license or renewal thereof shall be accompanied by a nonrefundable processing fee as established from time to time by resolution of the Town Board, provided that the total fee for an unaltered dog shall be at least $5 more than the total fee for a spayed or neutered dog. In addition to the fee charged by the Town, a one-dollar fee for altered dogs and a three-dollar fee for unaltered dogs shall be collected for the purposes of carrying out animal population control efforts.

Application for license. An application for a license or renewal shall be in the form prescribed by the Schroeppel Town Clerk and shall provide for the following minimum information:

The name, residence address and telephone number of each owner;

The name, sex, approximate age, breed, color, markings and other identifying details of the dog;

State whether the dog has been spayed or neutered; and

Such other information or documentation deemed necessary by the Town Clerk to effectuate the purposes of this chapter.

Issuance of license. Upon validation by the Town Clerk, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereof.

Identification tag. The Town Clerk shall assign an identification number to a dog when it is first licensed.

No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which the number has been assigned.

Any person wishing to replace a tag previously issued shall pay a fee as set from time to time by resolution of the Town Board to the Town Clerk for a replacement tag.

Purebred licenses.

The annual fee for each pure bred license issued pursuant to Article 7 of the Agriculture and Markets Law shall be:

Fifty dollars, if no more than 10 registered purebred dogs or purebred dogs eligible for registration over the age of four months are harbored on the owner's premises at the time of the application;

Seventy-five dollars, if no more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of four months are harbored on the premises at the time of the application; or

(c)

One hundred twenty-five dollars, if more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of four months are harbored on the premises at the time of the application.

(d)

In addition to the fees outlined hereinabove for purebred dogs, a one-time service fee shall be charged in the amount of $35 for purebred license tags.

Purebred dogs when participating in a dog show are exempt from wearing license tags so long as the dog is licensed in the Town where it resides.

Exemptions. The following dogs are exempt from licensing fees:

Any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog. A certificate that the dog has been trained for such purpose must be submitted to the Town Clerk. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "Working-Search Dog," "War Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog," as may be appropriate, by the Town Clerk. Dogs when participating in a dog show are also exempt so long as the dog is licensed in the Town where it resides.

Change of ownership; lost or stolen dogs; death; change of address. No license shall be transferable. The owner of record shall, within 10 days of the transfer of ownership of any dog, file with the Town Clerk notification of such change. The new owner shall immediately make application for a license for such dog.

Lost or stolen dogs. For any dog which has been lost or stolen, the owner of record shall within 10 days of discovery of such loss or theft file with the Town Clerk notification of such event.

Death of dog. In the case of death of a licensed dog, the owner of record shall notify the Town Clerk of the dog's death either before or upon receipt of a renewal notice from the Town Clerk.

Change of address. All dogs shall be licensed with the office of the Town Clerk within 30 days of establishing residence in the Town.

Enumeration. When the Town Board determines the need for a dog enumeration, in addition to the licensing fee charged, an additional surcharge, as determined from time to time by resolution of the Town Board, for recovering costs associated with an enumeration conducted shall be charged. Should a dog be identified as unlicensed during such enumeration, such additional fee shall be the property of the Town and shall be used to pay the expenses incurred by the Town in conducting the enumeration. In the event 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 enforcing this chapter and for spaying or neutering animals; and offsetting costs associated with the provision and replacement of identification tags.

§ 45-6 Restrictions.

Except as provided in § 45-6B below, it shall be unlawful for any owner of any dog in the Town of Schroeppel to permit or allow such dog to:

Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person able to control it by command. For the purpose of this chapter, a dog or dogs hunting in company of a hunter or hunters shall be considered under its owner's command.

Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.

Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property not belonging to the owner of such dog without the consent or approval of the property owner.

Chase, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.

(5)

Habitually chase, run along of or bark at motor vehicles, motorcycles or bicycles, while on a public street or highway or upon public or private property other than property of the owner or harborer of said dog without the consent of the owner of such property.

(6)

Create a nuisance by defecating, urinating or digging on public property or private property without the consent of the owner of such property.

(7)

If an unspayed female dog when in heat, be permitted to be outside a building or a fenced enclosure unless on a leash.

(8)

Be at large on any school premises or recreational areas.

(9)

Roam with one or more other dogs in a pack.

(10)

Kill other animals except rats and mice.

(11)

No owner shall fail to provide a dog with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering and humane care and treatment.

A dog shall be permitted to run at large on its owner's private property so long as the dog can be placed under restraint should it become uncontrollable or dangerous to passersby.

Establishment of the fact or facts that a dog has committed any of the acts prohibited by § 45-6 of this chapter shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine or leash or control his dog.

§ 45-7 Enforcement.

This chapter shall be enforced by any Dog Control Officer, police officer or peace officer when acting pursuant to his special duties.

§ 45-8 Seizure, impoundment, redemption and adoption.

Any dog found in violation of the provisions of § 45-5 or 45-6 of this chapter may be seized.

Every dog seized shall be properly cared for, sheltered, fed and watered for a period of five business days, excluding the day the dog is impounded.

Seized dogs may be redeemed by producing proof of licensing and identification pursuant to this chapter and paying the impoundment fees as herein set forth:

Twenty dollars for the first impoundment for the first twenty-four-hour period or part thereof of any dog owned by that person and $10 for each additional twenty-four-hour period; or

Forty dollars for the first 24 hours or part thereof and $10 for each additional 24 hours or part thereof for the second impoundment, within one year of the first impoundment, of any dog owned by that person; or

Sixty dollars for the first 24 hours or part thereof and $10 for each additional 24 hours or part thereof for the third and subsequent impoundments, within one year of the last impoundment, of any dog owned by that person.

Dangerous dogs are subject to the impoundment fees established herein plus $30 for each additional twenty-four-hour period or part thereof.

If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C of this section whether or not such owner chooses to redeem his or her dog.

Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized. Adoption fees shall be set from time to time by resolution of the Town Board.

No action shall be maintained against the Town of Schroeppel, any Dog Control Officer or constable when acting pursuant to his special duties, or any other agent or officer of the Town or person under contract to the Town of Schroeppel to recover the possession or value of any dog, or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to this chapter.

§ 45-9 Determination of status as dangerous dog.

In the event that the Dog Control Officer or a law enforcement officer has probable cause to believe that a dog is dangerous, the Dog Control Officer or law enforcement officer may proceed under Article 7 of the Agriculture and Markets Law of the State of New York for a determination by the Justice Court of the Town of Schroeppel. If the Court shall find such dog to be a dangerous dog under the Agriculture and Markets Law or under this chapter, the Court may impose such restrictions on said dog as are provided for in the Agriculture and Markets Law or as are provided in this law.

§ 45-10 Dangerous dog enforcement.

This chapter shall be enforced by any Dog Control Officer or peace officer when acting pursuant to his special duties.

The owner of any animal found to be a dangerous dog shall, within 10 days of such finding, obtain a dangerous dog registration certificate from the local Dog Control Officer or Clerk for a fee of $50, in addition to other fees that may be authorized by law. The local Dog Control Officer or Clerk shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar at all times. All certificates obtained pursuant to this subsection shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. The Dog Control Officer shall provide a copy of the dangerous dog registration certificate and verification of compliance to the State Veterinarian.

Registration certificates and renewals.

All dangerous dog registration certificates or renewals thereof required to be obtained under this section shall only be issued to persons 18 years of age or older who present satisfactory evidence:

Of the animal's current rabies vaccination, if applicable;

That the animal has been neutered or spayed; and

(c)

That the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed.

In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that:

Their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property; and

The animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation.

All certificates or renewals thereof required to be obtained under this section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, of a value of at least $100,000, that covers dog bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, of a value of at least $100,000.

While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal.

Notification of Dog Control Officer.

After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, cause the Dog Control Officer to be notified if the animal:

Is loose or unconfined;

Bites a person or attacks another animal; or

(c)

Is sold, given away, or dies.

Any owner of a dangerous dog who relocates to a new address shall, within 10 days of relocating, provide written notice to the appropriate Dog Control Officer for the old address from which the animal has moved and the new address to which the animal had been moved.

Any owner or custodian of a canine or canine crossbreed or other animal is guilty of a:

Class B misdemeanor if the canine or canine crossbreed previously declared to be a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, attacks and injures or kills a cat or dog that is a companion animal belonging to another person;

Class A misdemeanor if the canine or canine crossbreed previously declared to be a dangerous dog pursuant to this section, when such declaration arouse out of a separate and distinct incident, bites a human being or attacks a human being causing bodily injury; or

Class E felony if any owner or custodian whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life, and is the proximate cause of such dog or other animal attacking and causing serious bodily injury to any person.

The provisions of this section shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's custodian property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack.

The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the requirements of this section is guilty of a Class A misdemeanor.

§ 45-11 Confinement of dangerous dogs.

The owner of any dog which has attacked or injured another person or animal or has been determined to be a dangerous dog as provided herein shall not thereafter permit such dog to be at any place other than on the premises of the owner unless such dog is securely fitted with a properly fitted muzzle of a type which shall not permit such dog to bite another person or animal.

Seized dogs may be redeemed by producing proof of licensing and identification pursuant to the provisions of this chapter and by paying the impoundment fees set forth in this chapter.

If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in this chapter whether or not such owner chooses to redeem his or her dog.

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.[1]

[1]

Editor's Note: Former § 118 was renumbered to § 117 of the Agriculture and Markets Law by L. 2010, c. 59, pt. T, § 12, eff. 1-1-2011.

§ 45-12 Appearance ticket.

Any Dog Control Officer when acting pursuant to his special duties, or police officer in the employ of or under contract to the Town of Schroeppel observing, or having knowledge of, a violation of this chapter shall issue and serve an appearance ticket for such violation.

§ 45-13 Complaint.

Any person who observes a dog in violation of this chapter may file a complaint under oath with the Dog Control Officer or constable 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 the dog. The Dog Control Officer or constable shall forward said complaint to the Town Justice.

Upon receipt by the Town Justice of any such complaint, he shall summon the alleged owner to appear in person before him for a hearing, at which both the complainant and owner shall have an opportunity to be represented by counsel and to present evidence. If, after such hearing, the Town Justice decides that further action is warranted, he may order:

The dog be declared a vicious or dangerous dog to be restrained by collar and leash at all times whether on or off the owner's property.

The dog may be confined to the premises of the owner.