The purpose of this chapter is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of persons, property, domestic animals
and deer from dog attack and damage.
This chapter is enacted pursuant to the provisions of § 122
of Article 7 of the Agricultural and Markets Law and the New York
State Municipal Home Rule Law.
The title of this chapter shall be the "Dog Control Local law
of the Town of Porter."
As used in this chapter, the following terms shall have the
meanings indicated.
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York
in effect as may be amended by this chapter and or the State of New
York.
AT LARGE
Any dog that is unleashed and on property open to the public
or that is on private property not owned or leased 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:
A.
Is accompanied by and under the immediate supervision and control
of the owner or other responsible person, leashed or restrained by
a leash, which means that the dog is equipped with a collar or harness
of sufficient strength and tightness to which is attached a leash
of not more than eight feet in length, which lease shall be held by
a person having the ability to control and restrain the dog by means
of such collar or harness and leash (a harness worn by a guide dog
for the blind shall be considered a suitable leashing);
B.
Is a police work dog in use for police work; or
C.
Is accompanied by its owner or other responsible person and
is actively engaged in hunting of is training for hunting on unposted
land or on posted land with the permission of the owner of the land.
CONFINED
A.
To be securely restrained and kept on the premises of the owner
either within a building kennel, electric fence, or other suitable
enclosure sufficient to contain the dog;
B.
To be securely fastened on a chain, wire or other effective
tether of such length and so arranged that the dog cannot reach, endanger
or harass any person who is legally permitted to be on such premises
or adjacent property, whether on the owner's premises or otherwise,
or on adjacent premises, or on any street, way or place; or
C.
If the dog is being transported, that such dog is confined or
otherwise so restrained that it cannot escape therefrom or endanger,
reach or harass any person.
DOG
Male or female, licensed or unlicensed, members of the species
of canines.
DOG CONTROL OFFICER
The person authorized by the Town Board of the Town of Porter
from time to time by resolution to enforce the provisions of this
chapter. The Dog Control Officer and all peace officers of the Town
of Porter are authorized to issue appearance tickets.
HARBOR
To provide food or shelter to any dog.
OWNER
Any person who harbors, feeds or keeps any dog for more than
one week. In the event that any dog found in violation of this chapter
shall be owned by a person less than 18 years of age, the owner shall
be deemed to be the parent or guardian of such person nor the head
of the household in which said person resides.
This chapter 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 Porter.
Any Dog Control Officer, peace officer, when acting pursuant
to his special duties or police officer, may issue an appearance ticket
pursuant to § 150.20 of the Criminal Procedure Law, to serve
a summons and to serve and execute any other order or process in the
execution of the provisions of this chapter. In addition, any Dog
Control Officer or any peace officer, when acting pursuant to his
special duties, or police officer, who is authorized by a municipality
to assist in the enforcement of this chapter, may serve any process,
including an appearance ticket, a uniform appearance ticket and a
uniform appearance ticket and simplified information, related to any
proceeding, whether criminal or civil in nature, undertaken in accord
with the provisions of this chapter or any local law or ordinance
promulgated pursuant thereto.
All dogs within the Town of Porter 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 Town
Clerk of the Town of Porter 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 Porter.
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 issued
shall be valid for a period of one year and shall not be transferable.
This chapter shall take effect January 1, 2011.