[Adopted 7-6-1978 by L.L. No. 1-1978]
The purpose and intent of this article shall be to preserve
the public peace and good order of the Town of Eaton, Madison County,
New York, to contribute to the public welfare and to preserve and
protect of the property and person of the inhabitants of said Town
by declaring and enforcing certain regulations and restrictions on
activities of dogs and owners of dogs within the township.
[Amended 6-13-1988 by L.L. No. 1-1988]
This article shall not apply to dogs owned by such persons or
confined to such societies, hospitals or institutions as defined by
Article 7, § 107 of the Agriculture and Markets Law.
As used in this article, the following terms shall have the
meanings indicated:
AT LARGE
Any dog shall be deemed at large when it is off the property
of its owner and not under restraint.
DOG
Any dog, both male and female, whether such female dog is
spayed or not.
OWNER
Any person who owns, keeps, harbors or has the care, custody
or control of a dog. Dogs owned by minors shall be deemed to be in
the custody and control of the minor's parents or other head
of the household where the minor resides.
RESTRAINT
A dog which is:
[Amended 11-7-1988 by L.L. No. 4-1988]
A.
Controlled by a leash and not on the premises of another without
consent;
B.
In the presence of a competent person and obedient to that person's
commands and not on the premises of another without consent;
C.
On or within a vehicle being driven or parked on the street;
D.
Within the property limits of its owner or keeper; or
E.
Upon the premises of another with the consent of such other
person.
[Added 6-11-1988 by L.L. No. 1-1988p; 12-15-1997 by L.L. No.
4-1997]
The position of the Dog Control Officer may be created by the
Town Board of the Town of Eaton, and such Dog Control Officer shall
have all of the powers of a peace officer in the execution of this
article and in the execution of Article 7 of the Agriculture and Markets
Law, including the service of summons, and the service and execution
of any other order of process. Every dog seized by the Dog Control
Officer shall be maintained, redeemed, sold or disposed of in accordance
with Article 7 of the Agriculture and Markets Law. The Dog Control
Officer shall have the power to issue appearance tickets or, in lieu
thereof, uniform appearance tickets or, in lieu thereof, uniform appearance
tickets and simplified informations.
[Amended 6-13-1988 by L.L. No. 1-1988; 6-12-2006 by L.L. No. 2-2006]
In addition to the fee imposed in Article 7 of the Agriculture
and Markets Law for the dog licenses required therein, there shall
be imposed by the Town of Eaton an additional fee for each license
issued in such amounts as are allowed under the Agriculture and Markets
Law and determined from time to time by resolution of the Town Board.
[Amended 12-15-1997 by L.L. No. 4-1997]
Except as otherwise provided in § 119 of the Agriculture
and Markets Law, a violation of the article shall be deemed an offense
and a violation thereof shall be punishable by a fine of not more
than $250 or imprisonment not to exceed 15 days, or both, for each
violation.
[Adopted 12-9-2010 by L.L. No. 3-2010]
The purpose of this article is to provide for the identification
and licensing of dogs, so as to aid in the control and protection
of the dog population and the protection of persons, property and
domestic animals within the Town of Eaton.
This article shall apply to all areas of the Town of Eaton and
to all dogs harbored within the Town of Eaton.
As used in this article, the following terms shall have the
meanings indicated:
ADOPTION
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog, seized or
surrendered.
CLERK
The Town Clerk of the Town of Eaton.
DETECTION DOG
Any dog that is trained and is actually used for the purpose
of detecting controlled substances, explosives, ignitable liquids,
firearms, cadavers, or school or correctional facility contraband,
or any dog undergoing training for such purposes.
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the Town Board of the Town of
Eaton to assist in the enforcement of this article and/or Article
7 of the New York State Agriculture and Markets Law, or any authorized
officer, agent or employee of an incorporated humane society or similar
incorporated dog protective association under contract with the Town
of Eaton to assist in the enforcement of this article.
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 located within the state during the period
such dog is being trained or bred for such purpose.
HARBOR
To provide food and/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 during the period such dog
is being trained or bred for such purpose.
IDENTIFICATION TAG
A tag issued by the Town of Eaton which sets forth an official
identification number, together with the words "Town of Eaton" and
"State of New York," the telephone number for the Town Clerk of the
Town of Eaton, and any other information as may be required by the
provisions of this article.
IDENTIFIED DOG
Any dog carrying an identification tag as provided in this
article.
OWNER
Any person who keeps or harbors any dog.
OWNER OF RECORD
The person in whose name any dog was last licensed pursuant
to this article and/or Article 7 of the New York State Agriculture
and Markets Law, except that if any license is issued upon application
of a person under 18 years of age, the owner of record shall be deemed
to be the parent or guardian of such person.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, or other legal entity.
PERSON WITH A DISABILITY
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the New York State Executive Law.
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.
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 and Markets.
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 located within the state during the
period such dog is being trained or bred for such purpose.
WAR DOG
Any dog which has been honorably discharged from the United
States armed services.
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 of Agriculture and Markets; provided, however, that
such services provided by said dog shall be performed without charge
or fee.
Except as otherwise provided in Article 7 of the New York State
Agriculture and Markets Law, and/or under any other provision of this
article, all fees, fines and/or penalties collected upon the application
for a license and/or the prosecution of any violation of this article
shall be the property of the Town of Eaton and shall be paid to the
Town Supervisor.