[HISTORY: Adopted by the Town Board of the Town of Elmira
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 145.
[Adopted 9-19-2016 by L.L. No. 1-2016[1]]
[1]
Editor's Note: This local law also superseded former Art.
I, Swine, adopted 8-5-1930, as amended.
A.
The purpose of this article is to protect the safety and health of
the inhabitants of the Town; to establish safeguards for the keeping
of bees, animals and poultry within the Town; and to provide for penalties
for the violations thereof.
B.
This section shall apply only in Fire District No. 1 or No. 2 of
the Town.
C.
No person shall keep or harbor any bees, ducks, geese or other domesticated
fowl, cattle, horses, sheep, goats, pigs or swine.
D.
Any beehive used or occupied by bees; or coop or other structure
used or occupied by ducks, geese or other domesticated fowl; or any
structure occupied by cattle, horses and sheep; or goat pen, pig sty
or other structure for the housing of goats, pigs or swine is hereby
declared to be a nuisance, and it shall be unlawful to keep or maintain
any such hive, coop, pen, sty or other structure used for such.
E.
Persons residing in Fire District No. 1 or No. 2 of the Town may
keep up to six hens, but no roosters, housed in coops/pens on their
property.
(1)
Coops or other structures used or occupied by chickens or manure
compost process or activity ("chicken area") must be located at least
20 feet from the owner's residence, 50 feet from any other dwelling
and 20 feet from any lot line.
(2)
The chicken area must be kept clean and free from noxious odors.
(3)
Following site plan approval by the Planning Board after public hearing as provided for in Chapter 217, Article VIII, the Code Enforcement Officer shall issue a permit. The site plan must provide a plan to manage the manure created by the chickens, the location of the chicken area, the setbacks from dwellings and the dimensions of the coop, which shall be no more than 12 feet by 12 feet.
F.
Animals commonly considered household pets, including but not limited
to dogs, cats, parakeets, house rabbits, and fish, may be kept in
a clean and sanitary manner, housed inside the principal residence,
and are not offensive or dangerous.
G.
A violation of this article shall be punished by a fine of not less
than $50 nor more than $250 and/or the revocation of any permit and
removal of any structures constructed with or without a permit. A
violation shall constitute a nuisance per se.
[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.
A.
This article shall apply to all areas of the Town of Elmira, including
the Village of Elmira Heights.
B.
In the event that any dog owned by a nonresident of the Town of Elmira
is harbored within the Town for a period of 30 days or less, such
dog shall be exempt from the identification and licensing provisions
of this article, provided such dog is licensed pursuant to the provisions
of law of the area of residence.
C.
This article shall not apply to any dog confined to the premises
of any public or private hospital devoted solely to the treatment
of sick animals, or confined to an animal shelter devoted to the impounding
of and caring for animals.
As used in this article, the following words shall have the
following respective meanings:
A dog that has been spayed or neutered.
An unleashed dog not under control of the owner and off the
premises of the owner.
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.
Any dog which:
Without justification attacks a person, companion animal, farm
animal, or domestic animal as defined in this section and causes physical
injury or death; or
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
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.
"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.
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.
Any member of the species canis familiaris.
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.
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.
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.
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.
To provide food or shelter to any 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.
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.
Any dog carrying an identification tag.
Any county, town, city or village.
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of January 1, 2011, and as amended
thereafter.
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.
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.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
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.
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.
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.
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.
The area within the corporate limits of the Town of Elmira,
including the Village of Elmira Heights.
The Town of Elmira Board.
The Elmira Town Clerk.
Any dog that is not spayed or neutered.
The area within the corporate limit of the Village of Elmira
Heights.
Any dog which has been honorably discharged from the United
States Armed Forces.
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.
A.
Application for original license.
(1)
The owner of any dog reaching the age of four months shall immediately
make application to the Town Clerk for a dog license on a form provided
by the Town Clerk's office. No license shall be required for
any dog which is under the age of four months and which is not at
large, or any dog that is residing in a pound or shelter maintained
by or under contract or agreement with the State of New York or any
county, city, town or village, duly incorporated society for the prevention
of cruelty to animals, duly incorporated humane society or duly incorporated
dog protective association.
(2)
In the case of an unlicensed dog being redeemed by the owner or a
dog being adopted from a shelter or pound, the Town Clerk and the
manager of the facility shall establish a licensing procedure that
is agreeable and beneficial to both the Town of Elmira and the shelter
or pound.
B.
Rabies vaccination required. All applications for a dog license shall
be accompanied by a valid rabies certificate signed by a licensed
veterinarian or, in lieu thereof, a statement certified by a licensed
veterinarian stating that the dog is too young to be vaccinated or,
because of old age or another reason, the life of the dog would be
endangered by the administration of vaccine. A copy of the rabies
certificate or certified statement shall be made and attached to the
Clerk's copy of the application. In the case of an unlicensed
dog being redeemed by the owner or a dog being adopted from a shelter,
copies shall be forwarded to the Town Clerk. Such records shall be
kept on file by the Town Clerk and be made available upon request
for rabies and other animal disease control efforts.
C.
Spay/Neuter certificates. In the case of a spayed or neutered dog, every application shall 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. 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 as set forth in Subsection G of this section.
D.
License issuance; tag. Upon receiving a complete application, the
required documents and the fee, the Town Clerk shall issue a license
and tag. The Town Clerk's copy shall be kept on file in accordance
with the Records Retention and Disposition Schedule MU-1 issued by
the New York State Archives and Records Administration.
E.
Expiration of license. An original license shall be issued for a
period of one year and shall expire on the last day of the month one
year from the date of issue.
F.
License renewal.
(1)
License renewal forms shall be mailed by the Town Clerk.
(2)
A new rabies certificate shall be required if the one on record has expired or expires within 30 days of the date of renewal. An in-lieu-of statement as described in Subsection B of this section may be substituted for a rabies certificate. New rabies certificates and statements shall be copied and attached to the Town Clerk's copy of the renewal.
(3)
A spay/neuter certificate shall not be required if one is already
on file with the Town Clerk. In a case where the dog has been altered
during the preceding year, the certificate shall be presented to the
Town Clerk in order to receive the reduced fee for an altered dog.
The Town Clerk shall make a copy of the certificate and attach it
to the original license on file.
(4)
The renewal shall expire on the last day of the month in the same
month that it was originally issued (i.e., a license originally issued
in January will always expire in January).
(5)
Renewing early or late does not change the renewal month. However,
owners having more than one dog may request common renewal dates for
their licenses, which may be granted at the discretion of the Town
Clerk, provided that all other licensing and renewal requirements
are met. No licensing fees will be prorated, refunded, or waived when
accommodating such a request.
(6)
Upon renewal, the Town Clerk shall provide a validated license to
the owner. The Clerk's copy shall be kept on file in accordance
with the Records Retention and Disposition Schedule MU-1 issued by
the New York State Archives and Records Administration.
G.
License fees.
(1)
All applications for original licenses or renewals shall be accompanied
by a fee established by resolution of the Elmira Town Board. The total
fee for an unaltered dog shall be at least $5 more than the total
fee for an altered dog.
(2)
All revenue derived from such fees shall be the sole property of
the Town of Elmira and shall be used only for controlling dogs and
enforcing this article and Article 7 of the New York State Agriculture
and Markets Law. Said revenue may also be used to subsidize the spaying
or neutering of dogs, to subsidize any facility as authorized under
Article 7 of the New York State Agriculture and Markets Law, and to
subsidize public humane education programs related to responsible
dog ownership.
(3)
In no event shall any money derived from license fees be used to
subsidize the spaying or neutering of cats or animals other than dogs.
(4)
No license fees are refundable or partially refundable in the event
that a dog is lost, stolen, sold, given away, surrendered or deceased
before the expiration of the license.
(5)
An additional fee may be established by resolution of the Elmira
Town Board should a dog be identified as unlicensed during an enumeration.
Such additional fee shall be the property of the Town of Elmira and
shall be used to pay the expenses incurred while conducting the enumeration.
In the event the additional fees collected exceed the expenses incurred,
such excess fees may be used for enforcing this article and for spaying
or neutering dogs.
(6)
In addition to the fees set by the Town Board, an additional New
York State spay/neuter surcharge shall be assessed for the purpose
of carrying out population control efforts as mandated by Article
7 of the New York State Agriculture and Markets Law. Money derived
from such additional assessment may be used to subsidize the spaying
and neutering of cats as well as dogs pursuant to Article 7 of the
New York State Agriculture and Markets Law.
H.
Exemptions to license fees. Licenses for any guide dog, hearing dog,
service dog, war dog, working search dog, detection dog, police work
dog or therapy dog shall be exempt from license fees. 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. Pursuant to Article 7 of the New York State Agriculture
and Markets Law, said dogs are not exempt from the mandated population
control fee.
I.
Identification of dogs.
(1)
When a dog is originally licensed, a Town of Elmira identification
number will assigned and an identification tag shall be issued, which
shall be worn by the dog at all times.
(2)
Existing New York State Agriculture and Markets dog licenses being
renewed or transferred in from another municipality shall be assigned
a Town of Elmira identification number and an identification tag shall
be issued. The New York State Agriculture and Markets tag or other
municipality's tag shall be discarded and the Town of Elmira
tag shall be worn by the dog at all times.
(3)
A dog participating in a dog show is exempt from wearing an identification
tag only for the duration of the show.
(4)
No identification tag shall be affixed to the collar of any dog other
than the one to which it was assigned.
(5)
Any guide dog, service dog, hearing dog, or detection dog may wear
a special tag for identifying such dog, provided that such tag shall
be in addition to the identification tag required by the Town. Such
tag shall be a different color, shape, and imprint than the Town identification
tag and shall be provided by the Town.
(6)
Lost tags shall be replaced at the expense of the owner at a fee
set by the Elmira Town Board.
J.
Change of address. When there is a change of address for the owner
of record, the owner shall notify the Town Clerk's office of
such change. If the change is still within the Town of Elmira, the
Town Clerk will make the appropriate updates to the dog license record.
If the change is located outside the Town of Elmira, the Town Clerk
shall make a note in the record and cancel the license. The Clerk
shall forward a copy of the license to the Clerk of the municipality
to which the owner has moved, informing said Clerk that the dog now
resides in that Clerk's municipality.
K.
Change of ownership. In the event of a change in the ownership of
any dog licensed in the Town of Elmira, the new owner shall immediately
make application for a license for such dog. Additionally, the original
owner of record shall notify the Town Clerk's office of the change
of ownership. Such original owner of record shall be liable for any
violation under this article until such filing is made or until the
dog is licensed in the name of the new owner.
L.
Lost, stolen, or deceased dog. If any dog which has been licensed
in the Town of Elmira is lost, stolen, or deceased, the owner of record
shall notify the Town Clerk's office within 10 days of the discovery
of such loss, theft, or death.
M.
Lists of licensed dog owners. No dog licensing records, information,
or lists shall be made available to any person or company for commercial
purposes.
N.
Purebred licenses.
(1)
The owner of two or more purebred dogs registered by a nationally recognized registry association may make an application to the Town Clerk for a purebred license in lieu of the individual licenses required by Subsection A of this section.
(2)
At the time of application, the Town Clerk shall assign a purebred
license identification number.
(3)
Application for a purebred license shall be on a form provided by the Town Clerk and shall include rabies vaccination certification as specified in Subsection B of this section for every dog listed on the license. Certification for any altered dog shall be included as specified in Subsection C of this section. The Town Clerk shall make copies of these certifications and file them with the Clerk's copy of the license.
(4)
Copies of registry papers for every dog or a comprehensive list of
registry numbers and associations shall be required and filed with
the Clerk's copy of the license.
(5)
All dogs over four months of age must be listed and included in the
purebred license.
(6)
Purebred licenses shall be issued for one year and renewed annually.
(7)
All applications for and renewals of purebred licenses shall be accompanied
by a fee as set by resolution of the Town Board. In addition, an assessment
of $3 for each unaltered dog and $1 for each altered dog shall be
added for the purpose of carrying out population control efforts as
mandated by Article 7 of the New York State Agriculture and Markets
Law. No fee or portion thereof shall be refundable once the license
is issued.
(8)
No purebred license is transferable. Upon change of ownership of any dog licensed under a purebred license, the new owner shall immediately make application for a license pursuant to Subsection A of this section, except when the new owner holds a valid purebred license and adds the dog to such purebred license.
(9)
One identification tag per purebred license shall be provided by
the Town. Additional tags may be purchased by the holder of a purebred
license at a fee set by the Elmira Town Board. Additional tags shall
have only the identification number assigned to the purebred license.
A.
It shall be unlawful for any owner of a dog to permit or allow such
dog to:
(1)
Run at large.
(2)
When within the corporate limits of the Village of Elmira Heights,
be off the owner's property unless restrained and controlled
by a leash or chain not exceeding eight feet in length.
(3)
When in the area of the Town of Elmira outside the corporate limits
of the Village, be off the owner's property unless restrained
by an adequate collar and leash.
[Amended 12-29-2014 by L.L. No. 1-2015]
(4)
Engage in habitual loud howling, barking, crying, or whining or conduct
itself in such a manner so as to unreasonably and habitually annoy
and/or disturb any person other than the owner of such dog.
(5)
Cause damage or destruction to property or defecate, urinate, dig
or otherwise commit a nuisance other than on the property of the owner
of such dog.
(6)
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.
(7)
Chase, run alongside of, bark at or otherwise harasses any motor
vehicle, motorcycle, bicycle, carriage or any other vehicle or device
used by persons for travel or any riders or occupants thereof while
said vehicle or device is on a public highway or private property
other than property of the owner of said dog. For purposes of this
section, a horse or other animal shall be considered a vehicle or
device.
(8)
Fail to license any dog at the age of four months or older, or allow
any dog to be unlicensed due to failure to renew a dog license.
(9)
Fail to have any dog identified by a valid and current Town of Elmira
dog license identification tag.
(10)
Knowingly affix to any dog any false or improper identification tag
or any identification tag belonging to another dog.
(11)
Fail to confine, restrain or present such dog for any lawful purpose
pursuant to this article or Article 7 of the New York State Agriculture
and Markets Law.
(12)
Furnish any false or misleading information on any license or form
required by the Town, the Town Dog Control Officer, or any shelter
or pound servicing the Town of Elmira.
(13)
Fail to notify the Town Clerk of any change of ownership, change
of address, death or loss of any dog licensed in the Town of Elmira.
B.
Establishment of the fact or facts that a dog has committed any of
the acts prohibited by this article shall be presumptive evidence
against the owner of such dog that he/she has failed to properly confine,
leash or control his/her dog.
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.
A.
If a domestic, farm or companion animal is injured or killed as a
result of being attacked, chased or worried by any dog, the owner
of said dog shall be liable for damage. The owner of such injured
or killed animal may make a complaint to the Dog Control Officer or
a police officer, who shall proceed pursuant to the dangerous dog
section of Article 7 of the New York State Agriculture and Markets
Law.[1]
[1]
Editor's Note: See Agriculture and Markets Law § 123,
Dangerous dogs.
B.
In no event shall the Town of Elmira, the Village of Elmira Heights,
or the County of Chemung be held liable for any damage done by any
dog.
A.
The determination of a dangerous dog and the prosecution of the owner
of such a dog shall be pursuant to Article 7 of the New York State
Agriculture and Markets Law.
B.
In the event that a dog is determined by the Elmira Town Court to
be a dangerous dog, the Court shall give notice to the Town Clerk
of such determination and note will be made in the dog's record.
Additionally, the Town Clerk shall notify the Village Clerk, law enforcement
and emergency services.
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.
A.
Authorized
seizure.
(1)
Any dog belonging to a person found in violation of any of the provisions
of this article may be seized pursuant to the provisions of the New
York State Agriculture and Markets Law.
(2)
Any dog believed to be dangerous and which poses an immediate threat
to the public safety may be seized.
(3)
Any dog which has been judged to be a dangerous dog pursuant to the
New York State Agriculture and Markets Law and whose owner has failed
to obey a court order pertaining to said dangerous dog may be seized.
B.
Every dog impounded shall be properly cared for, sheltered, fed and
watered.
C.
Each dog which is not identified, whether or not licensed, shall
be held for a period of five days from the day seized, during which
period the dog may be redeemed by its owner. Said owner shall provide
proof that the dog has been licensed pursuant to this article and
pay an impoundment fee established by resolution of the Town Board.
D.
In the case of an identified dog, the owner of record shall be promptly
notified by the Dog Control Officer of the seizure and the procedure
for redemption either personally or by certified mail, return receipt
requested. If notification is personally given, the dog shall be held
for a period of seven days after the day of notice, during which period
the dog may be redeemed by the owner. If such notification is made
by mail, the 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. Said owner shall provide proof that the dog has been licensed
pursuant to this article and pay an impoundment fee established by
resolution of the Town Board.
E.
Any dog unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provisions of the New York State Agriculture and Markets Law.
F.
If the owner of any unredeemed dog is known, such owner shall be
required to pay the impoundment fees required by this section.
G.
The seizure of any dog shall not relieve any person from any violation
of this article or the New York State Agriculture and Markets Law.
A.
Any Town-designated Dog Control Officer or agency having reasonable
cause to believe that a violation of this article has been committed
in his/her or its presence shall, and any peace officer may, issue
and serve upon such person an appearance ticket for such violation.
B.
Any person who observes a dog in violation of this article may file
a complaint, under oath, with a Town-designated Dog Control Officer
or agency specifying the nature of the violation, the date thereof,
a description of the dog, the location of the violation and the name
and residence, if known, of the owner of such dog. Such complaint
may serve as the basis for enforcing the provisions of this article.
C.
Upon receipt by the Town-designated Dog Control Officer or agency
of any such complaint, that officer or agency shall issue an appearance
ticket to the alleged owner of the dog to appear before the Elmira
Town Court at a date and time specified.
A.
A plea or conviction of a violation of this article shall be prosecuted
pursuant to the Penal Law, punishable by a fine of not less than $25,
except:
(1)
Where a person is found to have violated this article or any prior
Town of Elmira dog law within the preceding five years, the fine shall
be not less than $50; and
(2)
Where the person is found to have violated this article or any prior
Town of Elmira dog law two or more times within the preceding five
years, it shall be punishable by a fine of not less than $100 or imprisonment
for not more than 15 days, or both.
B.
For the purpose of conferring jurisdiction upon courts and judicial
officers generally, offenses of this article shall be deemed violations
and for such purposes only, all provisions of law relating to violations
shall apply.
A.
Pursuant to Article 7 of the New York State Agriculture and Markets
Law, any person who intentionally refuses, withholds, or denies a
person, because he or she is accompanied by an on-duty police work
dog, working search, war, or detection dog, any accommodations, facilities,
or privileges thereof shall be subject to a civil penalty of up to
$200 for the first violation and up to $400 for each subsequent violation.
B.
Pursuant to Article 7 of the New York State Agriculture and Markets
Law, any person who for the purpose of participating in the animal
population control program shall falsify proof of adoption from a
pound, shelter, duly incorporated society for the prevention of cruelty
to animals, duly incorporated humane society or duly incorporated
dog or cat protective association or who shall furnish any licensed
veterinarian of this state with inaccurate information concerning
his or her residency or the ownership of an animal or such person's
authority to submit an animal for a spaying or neutering procedure
pursuant to this article and/or § 117 of the New York State
Agriculture and Markets Law, and any veterinarian who shall furnish
false information concerning animal sterilization fees shall be guilty
of a violation prosecuted pursuant to the New York State Penal Law
punishable by a fine of not less than $250.
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.
