[HISTORY: Adopted by the Town Board of the Town of Chautauqua as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-30-1984 by L.L. No. 5-1984]
The purpose of this article is to preserve the public peace and good order in the Town of Chautauqua and to contribute to the public welfare, health and safety of the persons and property of its inhabitants by declaring and enforcing certain regulations and restrictions on the activities of dogs within the Town of Chautauqua.
The title of this law shall be "Dog Control Law of the Town of Chautauqua."
As used in this article, the following words shall have the following meanings:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York.
AT LARGE
An unleashed dog off the premises of the owner.
CLERK
The Town Clerk of the Town of Chautauqua.
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the Town Board to enforce the provisions of this article, the Agriculture and Markets Law and the rules and regulations promulgated pursuant thereto. The term "Animal Control Officer" has the same meaning as "Dog Control Officer" with respect to this article and enforcement of Article 7 of the Agriculture and Markets Law, and the terms may be used interchangeably.
[Amended 12-9-1991 by L.L. No. 3-1991]
DOG WHILE BEING USED FOR HUNTING
Any dog restrained by the accompaniment and control of the owner or other responsible person while said dog is lawfully being used for hunting or training purposes.
LEASHED or RESTRAINED BY LEASH
The dog is equipped with a collar or harness to which is attached a leash; both collar or harness and the leash to be of sufficient strength to restrain the dog, and which leash shall be held by a person having the ability to control and restrain the dog by means of the collar or harness and leash. A harness worn by a guide dog for the blind or hearing impaired shall be considered a suitable leash hereunder.
MINOR
A person under 16 years of age.
[Added 2-8-1993 by L.L. No. 1-1993]
OWNER
Any person who owns, keeps, harbors or has the care, custody or control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of the minor's parents or other head of the household where the minor resides.
PERSON
Any individual, corporation, partnership, association or other organized group of persons, municipality or other legal entity.
A. 
All dogs in the Town of Chautauqua are hereby required to be restrained by a leash when off the owner's premises, whether such dogs are or are not tagged or licensed, except while such dog is being used for hunting as defined herein under § 54-3. No person who keeps, owns, harbors or has the care or control of any dog in the Town of Chautauqua shall permit such dog to be at large or unleashed in said Town except as permitted by local law.
B. 
No person shall suffer, allow or permit to run at large within the Town of Chautauqua any vicious dog or dogs of dangerous disposition, or dog which, by its chasing or barking at persons, automobiles, bicycles or moving vehicles, or in running at large, shall cause unreasonable disturbance in a neighborhood and imperil the safety or disturb the comfort and repose of any person.
[Amended 12-9-1991 by L.L. No. 3-1991]
C. 
No dog, whether leashed or unleashed, shall be permitted in any restaurant, grocery or commercial establishment which sells food for human consumption, or in any cemetery, except for a guide dog for the blind or hearing impaired, which may enter any such premises if leading or accompanying a blind or hearing-impaired person therein.
D. 
No person shall keep or suffer to be kept, a dog which has attacked or chased any person peacefully conducting himself any place where such person may lawfully be, or which has attacked, chased or worried or killed any domestic animal, as defined in § 108, Subdivision 7, of the Agriculture and Markets Law of the State of New York, or any cat or dog, while such animal is in any place where it may lawfully be.
[Amended 12-9-1991 by L.L. No. 3-1991]
E. 
No person who owns a dog shall permit or suffer such dog to damage or destroy property of any kind or to deposit waste on the private property of other persons.
F. 
No person shall keep, suffer or permit to be kept on the premises occupied by such person any dog which by any barking, howling or whining or other frequent or long-continued noises shall habitually and unreasonably disturb the comfort or repose of other persons.
G. 
No person who owns a dog shall permit the premises, structures or enclosures in which such dog is kept to be unclean or unsanitary.
H. 
No person shall permit a female dog owned by him to be off such owner's premises, whether such dog is leashed or unleashed, while such female dog is in heat.
A. 
A Dog Control Officer or any peace officer is hereby authorized to seize or direct a confinement of any dog which is reported to have attacked or injured a human being. Such dog shall be confined for such length of time as may be required for the purpose of determining whether such dog is affected by rabies and, if so affected, it may be destroyed.
B. 
The owner of such dog shall, upon demand, deliver the possession of such dog to the Dog Control Officer or any peace officer authorized to seize same and shall, upon demand, pay to the Town the cost of confinement and treatment of the dog.
A. 
The Dog Control Officer or any peace officer shall seize any dog which is found at large within the Town of Chautauqua in violation of this article, as well as any dog or dogs otherwise required to be seized under and by virtue of § 117 of the Agriculture and Markets Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Any peace officer or Dog Control Officer of the Town of Chautauqua shall seize any dog found at large not wearing the identification tag required by Article 7 of the Agriculture and Markets Law of the State of New York.
[Amended 12-9-1991 by L.L. No. 3-1991]
After any such seizure or impounding, the record owner of such dog so seized and impounded shall be notified personally or by certified mail, (return receipt requested), or if the address is unknown, by affixing a written notice to the owner's last-known residence, of the facts of seizure and the procedure of redemption. If notification is personally given, such dog shall be held for a period of five days after the day of notice, during which period the dog may be redeemed by the owner. If such notification is by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. During said period, the owner of such dog may recover the same during the business hours of the pound or place of keeping the dog by producing a license for such dog and by paying the sum of $10 for the first seizure and impounding, or $25 for repeated seizures and impoundings, plus the daily charge for each day or part thereof for the keeping, feeding and caring for such dog while in custody, which charge shall be established by resolution of the Town Board, and which sum shall be paid to the Town Clerk, who will issue a receipt.
A. 
Any person who observes a dog in violation of this article or who observes a dog causing damage or destruction to the property of a person other than its owner may file a complaint under oath with the Dog Control Officer, specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence, if known, of the owner or other person harboring said dog.
[Amended 12-9-1991 by L.L. No. 3-1991]
B. 
Upon receipt by the Dog Control Officer of a complaint, the Dog Control Officer shall proceed pursuant to Article 7 of the Agriculture and Markets Law or this article.
[Amended 12-9-1991 by L.L. No. 3-1991]
C. 
The Dog Control Officer and/or any peace officer or police officer authorized by the Town to enforce this article shall have the authority to issue an appearance ticket pursuant to § 150.20 of the Criminal Procedure Law, or, in lieu thereof, a uniform appearance ticket, or, in lieu thereof, a uniform appearance ticket and simplified information to serve a summons, and to serve and execute any other order or process in the execution of the provisions of this article.
D. 
A person charged with a violation of any provision of this article may proceed pursuant to § 118, Subdivision 3, of the Agriculture and Markets Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In the event that the owner of the dog desires a trial, he shall post the bail of not less than $25, pay for the care of the dog while impounded and demand a trial before the Trial Justice. The fact that a dog is at large within the Town of Chautauqua shall be presumptive evidence that the owner permitted said dog to run at large in violation of this article.
If an impounded dog is not redeemed or trial demanded within the time set forth herein, the owner shall forfeit title to the dog, and it may thereafter be put up for adoption or destroyed. If said dog is put up for adoption, the Town of Chautauqua will have the right to require that said dog be spayed or neutered at the adoptive owner's expense.
In the event that it becomes necessary to destroy a dog, the Dog Control Officer or other peace officer shall arrange for the destruction of the dog and make a report, in writing, of such destruction to the Town Clerk. The Town Clerk shall keep a record of the destruction for one year.
The Town Justice of the Town of Chautauqua shall have the jurisdiction to hear all complaints under this article, and of all actions and proceedings hereunder, and of all prosecutions for the violations of this article.
[Added 2-8-1993 by L.L. No. 1-1993]
Except where otherwise provided for in Article 7 of the Agriculture and Markets Law, a violation of this article shall, upon conviction, be punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or both.
[1]
Editor’s Note: Former § 54-13, Additional fees, added 12-9-1991 by L.L. No. 3-1991, was repealed 12-13-2010 by L.L. No. 3-2010. This local law also provided for the redesignation of former § 54-14 as § 54-13.
[Adopted 12-13-2010 by L.L. No. 3-2010
All dogs within the Town of Chautauqua four months of age or older, unless otherwise exempted, shall be licensed. The owner of each dog required to be licensed shall obtain, complete and return to the Chautauqua Town Clerk a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Town of Chautauqua. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog's life, in which case vaccination shall not be required.
All dog licenses shall be valid for a period of one year and shall expire at the end of the month one year from the date of issuance.
A. 
The fee for a spayed or neutered dog is $5, which fee includes the assessment of a surcharge of $1 for the purpose of carrying out a program of animal population control. The fee for a dog that is not spayed or neutered dog is $13, which fee includes the assessment of a surcharge of $3 for the purpose of carrying out a program of animal population control. The fee for a replacement tag is $3. Such fees may be reviewed from time to time by the Town Board and amended by resolution of the Town Board, as it deems necessary.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
All licenses shall be purchased in person at the Town offices or by regular mail. If licensing or renewing a license by mail, the appropriate fee shall accompany the forms. There shall be no refund of fees.
C. 
All license fees shall be used in funding the administration of the Animals Law of the Town of Chautauqua.
When the Town Board determines the need for a dog enumeration, a fee of $5 will be assessed to the owner of any dog found unlicensed or for which the license has expired and has not been renewed at the time the enumeration is conducted.
The Town of Chautauqua will issue a purebred license and the fee shall be $25 plus the applicable surcharge, depending on whether the dog is spayed or neutered.
The Town of Chautauqua shall require a license for any guide dog, service dog, hearing dog or detection dog, as those terms are defined by Article 7 of the Agriculture and Markets Law, but no license fee shall be required therefor.
The Town of Chautauqua does not allow the licensing of dogs by a shelter. The shelter shall send the adoptive dog owners to the Clerk of the Town or city in which the dog will be harbored for licensing or to the Town Clerk of the Town of Chautauqua where the shelter is located for the purchase of licensing.