Town of Eden, NY Part 1 Dogs

[Adopted 12-29-2010 by L.L. No. 1-2011[1]]

[1] Editor’s Note: This local law repealed former Art. I, Dogs, adopted 3-8-1967, as amended, and renumbered former Art. II as Art. III. It also provided that it would be effective upon the later of the filing of this local law with the Office of the Secretary of State or 1-1-2011.

Article I Control of Dogs

§ 72-1 Purpose.

The Town of Eden, New York finds that the running at large and other uncontrolled behavior of dogs has caused physical harm to persons, damage to property and created nuisances within the Town. The purpose of this Part 1 is to promote the public health, safety and welfare of the residents of the Town of Eden by imposing restrictions and regulations upon the keeping or running at large of dogs and providing for the seizure thereof within the Town.

§ 72-2 Definitions.

AT LARGE

Any dog that is unleashed and on property open to the public or is on private property not owned or leashed by the owner of the dog unless permission for such presence has been obtained. No dog shall be deemed to be at large if it is:

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; or

C. Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with permission of the owner of the land.

HARBOR

To provide food or shelter to any dog.

OWNER

Any person who harbors or keeps any dog. In the event any dog found in violation of this Part 1 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).

PUREBRED DOG

A dog registered by a recognized registry association, including, but not limited to, the American Kennel Club.

TOWN

The Town of Eden.

TOWN CLERK

The Town Clerk of the Town of Eden.

§ 72-3 Restrictions.

It shall be unlawful for any owner of any dog to permit or allow such dog, in the Town of Eden, to:

A. Be at large;

B. Engage in habitual loud howling, barking, crying or whining or to conduct itself in such manner so as to unreasonably and habitually annoy any person;

C. Cause damage or destruction to property, or commit a nuisance by defecating or urinating upon public property or the premises of a person, other than the owner of such dog;

D. Chase or otherwise harass any person in such a manner as reasonable to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury;

E. Habitually chase, run alongside of or bark at motor vehicles or bicycles.

§ 72-4 Maximum number of dogs permitted on premises.

A. No persons shall keep more than three dogs four months of age and older on any premises in the Town of Eden. Notwithstanding the foregoing, a person residing on and having control of premises which are at least five acres in area may keep on such premises up to six dogs four months of age or older.

B. The Town Clerk shall report to the Dog Control Officer any instances where the number of dogs licensed for any single premises would exceed the limits prescribed in this Part 1.

C. For the purposes of this section, "premises" shall be defined as an individual residence (or, in the case of a multiple-family structure, each individual living unit/dwelling within such structure) or an individual parcel improved and used for residential or business purposes.

D. The owner of each dog must reside on the premises where the dog is licensed.

E. Exceptions. This section shall not apply to any person who shall have a purebred kennel license and/or a special use permit for a commercial kennel.

§ 72-5 Enforcement.

This Part 1 shall be enforced by any dog control officer, peace officer, when acting pursuant to his special duties, or police officer in the employ of or under contract to the Town of Eden.

§ 72-6 Seizure, impoundment, redemption and adoption.

A. Any dog found in violation of the provisions of this Part 1 may be seized pursuant to the provisions of Article 7 of the Agriculture and Markets Law.

B. Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in this Part 1 and, where not specified in this Part 1, in Article 7 of the Agriculture and Markets Law.

C. Seized dogs may be redeemed by producing proof of licensing and identification and by paying the impoundment fees set forth in this Part 1 and, where not specified in this Part 1, in Article 7 of the Agriculture and Markets Law.

D. If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in this Part 1 and, where not specified in this Part 1, whether or not such owner chooses to redeem his or her dog.

E. Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized as set forth in this Part 1 and, where not specified in this Part 1, in Article 7 of the Agriculture and Markets Law.

§ 72-7 Appearance ticket.

Any dog control officer, peace officer, when acting pursuant to his special duties, or police officer in the employ of or under contract to the Town of Eden, having reasonable cause to believe that a person has violated this Part 1, shall issue and serve upon such person an appearance ticket for such violation.

§ 72-8 Penalties for offenses.

Any violation of any of the provisions of this Part 1 shall be deemed an offense and any person found guilty of such violation shall be liable for a fine of not less than $50 nor more than $500.

Article II Licensing and Identification of Dogs

§ 72-9 Licensing; fees and surcharges; identification; impoundment.

A. Licensing of dogs. All dogs within the Town of Eden being four months of age or older shall be licensed by the Town Clerk's office. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk's office a dog license application, together with a license application fee, any applicable license surcharges and such additional fees as may be established by the Town Board of the Town of Eden. 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. Each license shall be valid for a period of one year and shall not be transferable.

B. License fees and surcharges.

(1) License fees and surcharges under this Part 1 shall be prescribed, from time to time, by the Town Board of the Town of Eden by resolution and shall be listed in the Standard Schedule of Fees.[1]

[1] Editor's Note: See Ch. 108, Fees, § 108-3, Standard Schedule of Fees.

(2) In the event that an owner of a dog which is licensed by another municipality in Erie County moves into the Town of Eden, he/she must obtain an identification tag from the Town Clerk's office. In such instance, there will be no additional fee owing to the Town of Eden until such time as the license from the other municipality expires.

C. Identification of dogs.

(1) Each dog licensed by the Town shall be assigned, at the time the dog is first licensed, a municipal identification number. Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times. The Town may exempt dogs participating in a dog show during such participation from this requirement.

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

D. Impoundment fees. The owner of any dog impounded by the Town of Eden shall be entitled to redeem that dog within five business days, excluding the day the dog is impounded, from the day the dog is impounded, provided that the owner produces proof that the dog is licensed and identified and pays the fees as prescribed by the Town Board from time to time by resolution.

§ 72-10 Severability.

If any clause, sentence, paragraph or part of this Part 1 or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof or the application thereof to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.