[Adopted 9-19-2016 by L.L. No. 1-2016]
[Adopted 12-28-2010 by L.L. No. 1-2010]
The title of this article shall be "Licensing and Control of
Dogs in the Town of Elmira."
This article is adopted pursuant to Article 7 of the Agriculture
and Markets Law of the State of New York.
The purpose of this article is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of persons, property, and other animals
from dog attack and damage.
As used in this article, the following words shall have the
following respective meanings:
ALTERED
A dog that has been spayed or neutered.
AT LARGE
An unleashed dog not under control of the owner and off the
premises of the owner.
COMPANION ANIMAL
Any dog or cat, and shall also mean any other domesticated
animal normally maintained in or near the household of the owner or
person who cares for such other domesticated animal. "Companion animal"
shall not include a "domestic animal" as defined in this section.
DANGEROUS DOG
A.
Any dog which:
(1)
Without justification attacks a person, companion animal, farm
animal, or domestic animal as defined in this section and causes physical
injury or death; or
(2)
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
(3)
Without justification attacks a guide dog, hearing dog, service
dog, working search dog, war dog, detection dog, police work dog,
or therapy dog and causes physical injury or death.
B.
"Dangerous dog" does not include a police work dog while being
used to assist one or more law enforcement officers in the performance
of their official duties.
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
Any member of the species canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the Town to assist in the enforcement
of this article or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated dog protective
association under contract with the Town to assist in the enforcement
of this article.
DOMESTIC ANIMAL
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer, whitetail deer which is raised under license from the New
York State Department of Environmental Conservation, llama, goat,
swine, fowl, duck, goose, swan, turkey, confined domestic hare or
rabbit, pheasant or other bird which is raised in confinement under
license from the New York State Department of Environmental Conservation
before release from captivity, except that the varieties of fowl commonly
used for cock fights shall not be considered domestic animals for
the purposes of this article.
FARM ANIMAL
Any ungulate, poultry, species of cattle, sheep, swine, goats,
llamas, horses or fur-bearing animals, as defined in the New York
State Environmental Conservation Law, which are raised for commercial
or subsistence purposes. "Fur-bearing animal" shall not include dogs
or cats.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center or trainer located within the State of New
York during the period such dog is being trained or bred for such
purpose.
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 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.
IDENTIFICATION TAG
A tag issued by the Town of Elmira or other licensing municipality,
which sets forth an identification number, together with the name
of the municipality, the State of New York, contact information, including
telephone number for the municipality, and such other information
as the licensing municipality deems appropriate.
OWNER
Any person who harbors or keeps any dog. If a dog is not
licensed, the term "owner" shall designate and cover any person or
persons, firm, association or corporation who or which at any time
owns or has custody or control of, harbors, or is otherwise responsible
for any animal which is kept, brought or comes within the Town. Any
person owning or harboring a dog for a period of one week prior to
the filing of any complaint charging a violation of this article shall
be held and deemed to be the owner of such dog for the purpose of
this article. In the event any dog found to be in violation of this
article shall be owned by a minor (under 18 years of age), the head
of the household in which said minor resides shall be deemed to have
custody and control of said dog and shall be responsible for any acts
of said dog and violation of this article.
OWNER OF RECORD
The person purchasing the license or in whose name any dog
was last licensed. An owner of record shall be 18 years of age or
older.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
POLICE WORK DOG
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work purposes.
RECOGNIZED REGISTRY ASSOCIATION
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keeps such records as
may be required by the Commissioner of Agriculture.
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 is actually used for such purpose, or any dog owned
by a recognized training center or trainer located within the state
during the period such dog is being trained or bred for such purpose.
TOWN
The area within the corporate limits of the Town of Elmira,
including the Village of Elmira Heights.
UNALTERED
Any dog that is not spayed or neutered.
VILLAGE
The area within the corporate limit of the Village of Elmira
Heights.
WAR DOG
Any dog which has been honorably discharged from the United
States Armed Forces.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons, is actually used for such purpose and is registered with
the department; provided, however, that such services provided by
said dog shall be performed without charge or fee.
Any owner who allows a dog to defecate on any public or private
property, other than the property of the owner, shall immediately
clean up the feces, place it in a plastic container or bag, and deposit
it in a container used for the disposal of refuse.
All premises occupied by dogs shall be kept in a clean, sanitary
condition. Adequate food, water, shelter, and space must be provided
for each dog owned. For the purpose of this section, "adequate" shall
mean sufficient for age, size and number of dogs on the premises.
All female dogs while in season (heat) shall be confined to
the premises of their owner and may not be left outside unattended.
Any owner not adhering to this section shall be subject to having
the dog seized by the Dog Control Officer and removed to a shelter
or pound for confinement. The owner of any dog seized pursuant to
this section shall be subject to an impoundment fee plus the shelter's
usual daily boarding fees.
Any Dog Control Officer or other person or persons who are or
may be lawfully authorized by the Town shall, and any Village of Elmira
Heights police officer or Town of Elmira traffic officer any other
peace officer may, administer and enforce the provisions of this article,
and for such purpose shall have the authority to issue appearance
tickets.
Notwithstanding any other provision of law, all moneys collected
as fines or penalties by the Town of Elmira as a result of any prosecution
for violations of the provisions of this article or Article 7 of the
New York State Agriculture and Markets Law and all bail forfeitures
by persons charged with such violations shall be the property of the
Town of Elmira and shall be paid to the Town Supervisor. Such moneys
shall be used only for controlling dogs and enforcing this article.
Said revenue may also be used to subsidize the spaying or neutering
of dogs, any facility as authorized under Article 7 of the New York
State Agriculture and Markets Law, and subsidizing public humane education
programs in responsible dog ownership.
No action shall be maintained against the Town of Elmira, the
Village of Elmira Heights, the Town Dog Control Officer, any Village
of Elmira Heights police officer or Town of Elmira traffic officer,
or any person or persons lawfully authorized by the Town when performing
duties pursuant to this article or the New York State Agriculture
and Markets Law 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 the provisions of this article
or the New York State Agriculture and Markets Law.
This article shall take effect on January 1, 2011.