[HISTORY: Adopted by the Town Board of the Town of Lowville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-18-2010 by L.L. No. 3-2010]
The title of this article shall be "Dog Control Law of the Town
of Lowville."
As used in this article the following words shall have the following
respective meanings:
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
A dog barking, whining, etc., for repeated intervals of at
least 10 minutes with less than two minutes of interruption, which
can be heard by any person, including a law enforcement officer or
Dog Control Officer, from a location outside of the owner’s
or caretaker’s premises.[1]
Person entitled to claim lawful custody and possession of
a dog and who is responsible for purchasing the license for such dog
unless the dog is or has been lost, and such loss was promptly reported
to the Dog Control Officer and a reasonable search has been made.
Any person who is the head of a household within which a dog is harbored
or kept where it is claimed that the dog is owned by a minor or any
other person residing in such household. 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 dog 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.
To be in a public place or on private land while not in the
control of the owner or the owner’s agent without the knowledge,
consent, and approval of the owner of such lands.
[2]The Town of Lowville.
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A.
Run at large unless the dog is accompanied by its owner or a responsible
person and under the full control of such owner or person. For the
purpose of this article, a dog or dogs hunting in the company of a
hunter or hunters shall be considered as accompanied by its owner.
B.
Engage in habitual and loud howling, barking, crying or whining or
conduct as to unreasonably and habitually disturb the comfort or repose
of any person other than the owner of such dog.
C.
Uproot, dig, or otherwise damage any vegetables, lawns, flowers,
garden beds, or other property without the consent or approval of
the owner.
D.
Chase, jump upon or at or otherwise harass any person in such manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm.
E.
Habitually chase, run alongside of or bark at motor vehicles, motorcycles
or bicycles while on a public street, highway, or place, or upon private
property without the consent or approval of the owner of such property.
F.
Create a nuisance by defecating, urinating or digging on public property,
or on private property without the consent or approval of the owner
of such property.
G.
If a female dog, when in heat, be off the owner's premises, unrestrained
by a leash.
A.
All dogs in the Town of Lowville must be licensed with the Town Clerk
by the age of four months and are required to present a current certificate
of rabies at the time of licensing or the renewal of an existing license;
provided, however, that dogs of any age which are held at a shelter,
pursuant to a contract or agreement with any county, city, Town or
village, or duly incorporated society for the prevention of cruelty
to animals, humane society or dog protective association do not have
to be licensed until they are adopted.
B.
All dog licenses will be for a period of one year and will expire
at the end of the month one year from the date of issue.
C.
Fees for licensing of dogs. The fee for a spayed or neutered dog
will be $11 (which includes the assessment of a $1 surcharge for the
purpose of carrying out animal population control), and the fee for
an unspayed or unneutered dog will be $21 (which includes the assessment
of a $3 surcharge for the purpose of carrying out animal population
control), with such fees being reviewed by the Town Board periodically
and may be changed by a resolution of the Town Board, if deemed necessary.
Furthermore, in addition to the fees set forth herein there shall
be a $5 late fee imposed for any initial license or any license renewal
which shall be more than 10 business days late.
[Amended 4-21-2022 by Res. No. 21-2022[1]]
[1]
Editor's Note: This resolution provided that the fee changes
set forth shall take effect on the first day of the month next succeeding
the adoption of this resolution.
D.
Enumeration fee. When the Town Board determines the need for a dog
enumeration, a fee of $5 will be assessed to all dogs found unlicensed
or unrenewed at the time the enumeration is conducted.
E.
License for kennel. Any person owning or harboring four or more dogs
at the same address shall, in addition to the license fee for each
individual dog, also pay a kennel license fee. For four dogs up to
10 dogs, such fee shall be $25, and for 11 dogs to 20 dogs, such fee
shall be $50. More than 20 dogs will be $75. Any kennel license is
good for one year and shall be renewed annually.
F.
Service dogs. The Town of Lowville will require a license for any
guide dog, service dog, hearing dog, detection dog, wolves, search
dog, working dog or therapy dog. The license fee shall be waived for
these dogs, however the applicable surcharge shall be assessed for
the purpose of carrying out animal population control efforts as provided
in § 117-a of the Agriculture and Markets Law. The fee shall
not be waived for wolves or hunting dogs.[2]
G.
The Town of Lowville does not allow the licensing of dogs by a shelter.
The shelter must send the adoptive dog owners to the Town Clerk of
the Town or city in which the dog will be harbored for licensing.
All dogs must be licensed before leaving the shelter.
H.
All dog licenses may be purchased by visiting the Town offices or
by regular mail. If licensing or renewing a license by mail, the appropriate
fee must accompany the forms. There will be no refund of fees.
I.
All fees will be used in funding the administration of this article.
J.
Fees for seizure of dogs. The fee for seizure and impoundment of
dogs in violation of this article or the Laws of the New York State
Department of Agriculture and Markets Law are as follows: the same
impoundment and euthanasia fees per animal that are charged to the
Town for such service per the existing lease agreement with the shelter.
A.
B.
The Dog Control Officer or peace officer observing a violation of
this article in his presence shall issue and serve an appearance ticket
for such violation.
C.
Any person who observes a dog in violation of this article may file
a complaint under oath with the Town Justice of the Town of Lowville
specifying the nature of the violation, the date thereof, a description
of the dog and the name and residence, if known, of the owner of such
dog. Such complaint may serve as a basis for enforcing the provisions
of this article.
Except as otherwise provided in § 118 of the Agriculture
and Markets Law:
[Adopted 5-19-2022 by L.L. No. 2-2022]
A.
Description of dangerous dog.
(1)
A dangerous dog is one that:
(a)
Has exhibited and exhibits aggressive behaviors that result
in further complaints;
(b)
Without provocation, inflicts serious injury on a human being;
(c)
Menaces, maims, or kills domestic animals when off its owner's
property;
(d)
Is used in the commission of a crime, including, but not limited
to, animal fighting, menacing, or guarding illegal operations;
(e)
Attacks, chases, harasses, molests, worries, injures or kills
deer, cattle, horses, poultry or other domestic animals, including
other dogs.
(2)
Notwithstanding the above, the Dog Control Officer or his representative
shall have discretionary authority to refrain from filing charges
against the dog or dog owner, even if the dog has engaged in the specified
behaviors, if it can be determined that the behavior was:
(3)
"Dangerous dog" does not include a police work dog, while such police
work dog is being used to assist one or more law enforcement officers
in the performance of their official duties.
(4)
"Owner" as used in this article includes a person who provides housing
or who has control or should have control of a dangerous dog.
B.
Procedure for classifying a dog as dangerous. The Dog Control Officer
or his representative shall investigate the circumstances of the complaint
and notify the dog owner of the charge. If a dog has bitten someone,
the Dog Control Officer may take the dog into custody for up to 48
hours at the owner's expense to protect the community while completing
his investigation. The officer will then report the results of the
investigation to a magistrate or other court officer and to the dog
owner. The Court shall then, following the procedures in the Agriculture
and Markets Law establish a date for an evidentiary hearing. If the
court deems the dog to be dangerous, the dog owner has the option
of filing an appeal with the court or an appeal with a court of appropriate
jurisdiction for hearing appeals from a town court or accepting the
designation.
C.
Depending on the circumstances, the dog may be impounded by the Dog
Control Officer at the owner's expense pending disposition of
the case.
D.
Sanctions for owning a dangerous dog. A dangerous dog may be returned
to the owner or may be destroyed depending on the outcome of the investigation.
If the dog is returned to the owner, it must be microchipped, and
confined in a locked pen with a top when not in a home or other building,
and restricted by a sturdy leash no longer than four feet long and
muzzled when in public. Photos of the dog must be filed with the dog
control agency. The owner must provide proof of a liability insurance
policy in an amount determined by the court, but in no event in excess
of $100,000. Depending on the outcome of the investigation, the court
may require a behavioral evaluation of the dog and sentence the owner
to attend a responsible owner class.
E.
Confinement of dangerous dogs. Dogs that have been adjudicated as
dangerous must be confined behind a locked fence of sufficient height
and materials to securely contain the dog and prevent trespass. Confinement
must be sufficient to prevent children from coming into contact with
the dog. When off the owner's property, a dangerous dog must
be restricted by a leash of no more than four feet in length, must
be under control of a legally responsible person, and will be required
to wear a muzzle. Owners must also purchase liability insurance in
an amount specified by law.
F.
Transporting dangerous dogs. Dogs that have been adjudicated as dangerous
must be confined in a crate in a closed, locked vehicle to prevent
opportunities for escape and in a manner sufficient to prevent children
from coming into contact with the dog through an open window in the
vehicle.
G.
Additional incidents. Additional incidents sufficient to identify
the dog as dangerous may result in the court ordering humane euthanization
of the dog and additional penalties for the owner,
H.
Penalties for dangerous dogs running at large. Any owner or person
who has custody and/or control of a dangerous dog (hereinafter, "owner")
that commits acts which classify it as dangerous shall be guilty of
an offense and subject to the following penalties:
(1)
If the dog is found to be dangerous, the Court may either return
it to the owner under the circumstances outlined in this article or
order the dog to be impounded and euthanized at the expense of the
owner.
(2)
A dog previously classified as dangerous which is later found to
be running at large, but without repeating the dangerous behavior,
may be returned to its owner at the direction of the Dog Control Officer
or the Court after reviewing the case and the inspection of the confinement
facilities for the dog at the owner's residence.
(3)
Additionally, an owner of a dog found to be dangerous is subject
to the following potential penalties:
(a)
Upon conviction of a first offense, by a fine of not less than
$150 nor more than $1,500 and/or imprisonment not to exceed 10 days.
(b)
Upon conviction of a second offense or subsequent offense for
the same animal, the owner shall be deemed guilty of an unclassified
misdemeanor punishable by a fine of not less than $250 nor more than
$3,000 and/or imprisonment not to exceed 15 days.
(c)
A single act that violates more than one provision of this section
shall be treated as a single conviction for the purpose of sentencing.
(d)
If the violation of the dangerous dog law results in serious
bodily injury, the Court shall have the power to order restitution.
