[HISTORY: Adopted by the Town Board of the Town of Lewiston
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-14-1983 by L.L. No. 3-1983[1] (Ch. 2, Art. I, of the 1965 Code); amended in its entirety 12-13-2010 by L.L. No.
4-2010]
[1]
Editor's Note: This local law also superseded former Art.
I, Dog Control, adopted 6-12-1972 by L.L. No. 2-1972, as amended,
and former Art. II, Dog Licensing Fees, adopted 7-23-1979 by L.L.
No. 6-1979, as amended.
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, domestic animals
and deer from dog attack and damage.
This article is enacted pursuant to the provisions of § 122
of Article 7 of the Agriculture and Markets Law and the New York State
Municipal Home Rule Law.
The title of this article shall be the "Dog Control Local Law
of the Town of Lewiston."
As used in this article the following terms shall have the meanings
indicated:
The Agriculture and Markets Law of the State of New York
in effect, as may be amended by this article and/or the State of New
York.
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:
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 leash 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 leash);
Is a police work dog in use for police work; or
Is accompanied by its owner or other responsible person and
is actively engaged in hunting or is training for hunting on unposted
land or on posted land with the permission of the owner of the land.
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; or
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
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.
Male or female, licensed or unlicensed, members of the species
of canines.
The person authorized by the Town Board of the Town of Lewiston
from time to time by resolution to enforce the provisions of this
article. The Dog Control Officer and all peace officers of the Town
of Lewiston are authorized to issue appearance tickets.
A dog howling, barking, crying, whining or making other noises
for a period of time of at least 10 minutes or for repeated intervals
of a least five minutes with less than five minutes of interruption
which can be heard by any person from a location outside of the owner's
premises.
To provide food or shelter to any dog.
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 article
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).
To be in a public place or away from the private property
of the owner without being confined.
A.
It shall be unlawful for any owner of any dog to permit or allow
such dog, in the Town of Lewiston, to:
(1)
Be at large. Whenever a dog is observed off the premises of the owner,
not restrained or supervised as above provided, it shall be presumed
that the owner permitted or allowed such dog to be off the premises
in violation of this section.
(2)
Engage in habitual or unreasonable howling, barking, crying, whining
or other loud noises; or to engage in or make unreasonable noise;
or to conduct itself in such a manner so as to unreasonably or habitually
annoy any person.
(3)
Cause damage or destruction to property, overturn garbage and refuse
containers, or strew garbage and refuse about, or commit a nuisance
by defecating or urinating upon public or private property (other
than that of the owner of the dog) without promptly removing and disposing
of same.
(4)
Chase, jump upon, at or towards, or otherwise harass any person in
such a manner as to cause such person reasonable fear or intimidation,
or to put such person in reasonable apprehension of bodily harm or
injury to such person or another.
(5)
Habitually chase, run alongside of or bark at motor vehicles or bicycles.
(6)
Attack, bite or maul another dog or other pet.
(7)
Any dog known to be vicious or dangerous, by determination of the
Dog Control Officer or police officer, shall be confined to a suitably
fenced yard and effectively restrained by a chain or leash not exceeding
eight feet in length.
(8)
Refusal to provide current proof of licensing upon the request of
the Dog Control Officer, peace officer or police officer.
This article 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 Lewiston.
A.
Any dog found in violation of the provisions of § 102-5 of this article may be seized pursuant to the provisions of § 117 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 § 117 of
Article 7 of the Agriculture and Markets Law.
C.
Seized dogs may be redeemed by the owner producing proof of licensing
and identification, pursuant to the provisions of Article 7 of the
Agriculture and Markets Law, and by paying the impoundment fees as
set from time to time by resolution of the Town Board of the Town
of Lewiston.
[Amended 8-27-2018 by L.L. No. 4-2018]
D.
Any dog unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provisions of § 117 of the Agriculture and Markets
Law.
A.
Any person who observes a dog in violation of this article may file
a complaint under oath with a Justice of the Town of Lewiston 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 the basis for enforcing the provisions
of this article.
B.
Attack or threatened attack.
(1)
Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal as defined in the Agriculture and Markets Law, farm animal as defined in the Agriculture and Markets Law, or a domestic animal as defined in the Agriculture and Markets Law to the Dog Control Officer or police officer authorized to enforce this article. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in Subsection B(2) of this section and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself.
(2)
Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may, and any Dog Control Officer or police officer as provided in Subsection B(1) of this section shall, make a complaint under oath or affirmation to the Town Justice of such attack or threatened attack. Thereupon, the justice shall immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to the Dog Control Officer, peace officer acting pursuant to his or her special duties, or police officer directing such officer to immediately seize such dog and hold the same pending judicial determination as provided in this section. Whether or not the judge or justice finds there is probable cause for such seizure, he or she shall, within five days and upon written notice of not less than two days to the owner of the dog, hold a hearing on the complaint. The petitioner shall have the burden at such hearing to prove the dog is a dangerous dog by clear and convincing evidence. If satisfied that the dog is a dangerous dog, the judge or justice shall then order neutering or spaying of the dog, microchipping of the dog and one or more of the following as deemed appropriate under the circumstances and as deemed necessary for the protection of the public:
(a)
Evaluation of the dog by a certified applied behaviorist, a
board-certified veterinary behaviorist, or another recognized expert
in the field and completion of training or other treatment as deemed
appropriate by such expert. The owner of the dog shall be responsible
for all costs associated with evaluations and training ordered under
this section;
(b)
Secure, humane confinement of the dog for a period of time and
in a manner deemed appropriate by the court but in all instances in
a manner designed to prevent escape of the dog, protect the public
from unauthorized contact with the dog, and to protect the dog from
the elements. Such confinement shall not include lengthy periods of
tying or chaining;
(c)
Restraint of the dog on a leash by an adult of at least 21 years
of age whenever the dog is on public premises;
(d)
Muzzling the dog whenever it is on public premises in a manner
that will prevent it from biting any person or animal, but that shall
not injure the dog or interfere with its vision or respiration; or
(e)
Maintenance of a liability insurance policy in an amount determined
by the court, but in no event in excess of $100,000 for personal injury
or death resulting from an attack by such dangerous dog.
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 Lewiston 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 article. 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 article 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
article or any local law or ordinance promulgated pursuant hereto.
A.
It shall be the duty of the Dog Control Officer to bring an action against any person who has committed any violation set forth § 102-5 of this article. A violation of this article shall be punishable by a fine of not less than $25, except that:
(1)
Where the person was found to have violated this article or the former
Dog Control Local Law of the Town of Lewiston within the preceding
five years, the fine may be not less than $50, and
(2)
Where the person was found to have committed two or more such violations
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.
A defendant charged with a violation of any provision of this article
or any local law or ordinance promulgated pursuant hereto may plead
guilty to the charge in open court. He or she may also submit to the
magistrate having jurisdiction, in person, by duly authorized agent,
or by registered mail, a statement that he or she waives arraignment
in open court and the aid of counsel, that he or she pleads guilty
to the offense charged, that he or she elects and requests that the
charge be disposed of and the fine or penalty fixed by the court,
of any explanation that he or she desires to make concerning the offense
charged, and that he or she makes all statements under penalty of
perjury. Thereupon the magistrate may proceed as though the defendant
had been convicted upon a plea of guilty in open court; provided,
however, that any imposition of fine or penalty hereunder shall be
deemed tentative until such fine or penalty shall have been paid and
discharged in full. If upon receipt of the aforesaid statement the
magistrate shall deny the same, he or she shall thereupon notify the
defendant of this fact, and that he or she is required to appear before
the said magistrate at a stated time and place to answer the charge
which shall thereafter be disposed of pursuant to the applicable provisions
of law.
All dogs within the Town of Lewiston 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 Lewiston 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 Lewiston.
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.
A.
Pursuant to the New York State Municipal Home Rule Law and by adoption
of this article, the Town Board of the Town of Lewiston may establish
by resolution a schedule of dog licensing fees, surcharges for enumeration
costs associated with any enumeration conducted pursuant to Agriculture
and Markets Law § 113, Article 7, and tag replacement fees,
as needed from time to time.
B.
The Town of Lewiston hereby establishes the following fee schedule
for dog licenses issued pursuant to this article:
[Amended 6-13-2011 by L.L. No. 3-2011]
C.
There shall be no fee for any license issued for any guide dog, hearing
dog, and service dog, war dog, working search dog, police work dog
or therapy dog.
D.
In addition to the fees set forth in § 102-12B is a surcharge of $1 for altered dogs and $3 for unaltered dogs for the purposes of carrying out animal population control efforts as provided in Agriculture and Markets Law § 117-a.
E.
The Town of Lewiston hereby establishes a fee of $3 for a replacement
tag.
The Town Board of the Town of Lewiston may, by resolution, from
time to time, establish rules and regulations regarding the use, maintenance,
control and operation of any area designated by the Town of Lewiston
to be an off-leash area. These rules shall be posted at such off-leash
area and are considered to be in addition to any other provision of
this article. To the extent a violation of these rules and regulations
would be deemed a violation of this article, the Dog Control Officer,
other peace officer when acting pursuant to his special duties, police
or officer may enforce a violation of such rules or regulations as
a violation of this article.
