[HISTORY: Adopted by the Town Board of the Town of LeRoy as indicated in article histories. Amendments noted where applicable.]
Noise — See Ch. 105.
[Adopted 12-5-2002 by L.L. No. 2-2002]
Editor's Note: This local law superseded former Art. I, License Fees, adopted 12-12-1998 by L.L. No. 1-1988.
The title of this article shall be "Dog Control Law of the Town of LeRoy."
This article is enacted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York, together with any future modifications thereof. All provisions of said Article 7 are applicable and incorporated herein except where modified hereby. The relevant portions of the Environmental Conservation Law and Public Health Law also apply, and enforcement of this article is intended by application of the Penal Law.
The purpose of this article is to protect the health, safety and well-being of persons, property, wildlife, and dogs by imposing restrictions on the keeping and running at large of dogs within the Town. This article is being enacted because the running at large and other uncontrolled behavior of dogs has caused physical harm to persons, damage to property, and created a nuisance within the Town.
For the purpose of this article, the terms are defined as follows:
- AGRICULTURE AND MARKETS LAW
- The Agriculture and Markets Law of the State of New York in effect during the life of this article. The Agriculture and Markets Law is abbreviated as "Agr. & M.L." All terms defined in § 108 of the Agriculture and Markets Law shall have the same meaning as used herein unless specifically modified.
- ANIMAL HOSPITAL
- A facility operated by a veterinarian or certified animal-care persons for the purpose of treating sick or injured animals.
- A dog is securely confined or restrained when it is kept on the owner's premises either within a building, kennel or other suitable enclosure or securely fastened on a chain, wire, or other effective tether of such length and so arranged that the animal cannot reach or endanger any person on any adjacent premises or on any public street, way or place, or, if the animal is being transported by the owner, it is securely confined in a crate, on a tether or in another container, or so restrained within an enclosed vehicle in a safe manner consistent with the dog's good health so that it cannot be expected to escape therefrom (see Agriculture and Markets Law §§ 353 and 356, Cruelty to animals, § 353-a, Aggravated cruelty to animals, § 353-b, Appropriate shelter for dogs left outdoors, and § 353-d, Confinement of companion animals in vehicles; extreme temperatures).
- Male and female, licensed or unlicensed, members of the species Canis familiaris.
- DOG CONTROL OFFICER
- Any person authorized by the Town Board, county or state legislature, from time to time, directed or permitted to enforce the provisions of this article or the provisions of the Agriculture and Markets Law.
- A. The person, persons, firm, association, or corporation who:
- (1) Purchased the license for the dog and is the registered owner;
- (2) Professes ownership of the dog;
- (3) Has custody or control of the dog;
- (4) Harbors or is otherwise responsible for the dog;
- (5) Is the parent, guardian or head of household of any minor under 18 years of age who owns or harbors the dog; or
- (6) Brings into or permits the dog to come into the Town.
- (7) Owns the property where the dog(s) reside.[Added 12-26-2019 by L.L. No. 2-2020]
- B. For proof purposes, any person harboring, possessing or controlling a dog for a period of one week prior to the filing of any complaint charging a violation of this article or Agriculture and Markets Law shall be held and deemed to be the owner of such dog for the purposes of this article. Parents, guardians or heads of household, as mentioned above, shall be deemed to have custody and control of dogs owned or harbored by minors and shall be responsible for compliance with this article and Agriculture and Markets Law in the Town.
- The keeping of five or more dogs over the age of five months.[Amended 12-26-2019 by L.L. No. 2-2020]
- PUREBRED BREEDER
- A person, firm, association or corporation that raises dogs for show, competition or sale, as certified by the Town Clerk.
- RECREATIONAL AREAS
- Any real property owned by the Town, county or the state, located in the Town, which is used for recreational purposes by the public, including but not limited to parks or playgrounds.
- RUN AT LARGE
- To permit dogs freedom to run in a public place or on private lands without the knowledge, consent and approval of the owner of such lands, or dogs running on any public highway.
- Any designated area within the Town of LeRoy boundary line.
Dogs less than six months old shall be exempt from these regulations.
The maintenance of four or fewer dogs is permitted as an accessory use in any district.
The maintenance of five or more dogs on a lot is considered a kennel and requires the approval of a special permit by the Town Board.
[Amended 12-26-2019 by L.L. No. 2-2020]
It shall be unlawful for any dog owner in the Town to permit or allow a dog to:
Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person able to control it by command or on its owner's property. For the purpose of this article, a dog or dogs hunting in company of a hunter or hunters shall be considered as accompanied by its owner.
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably or habitually disturb the comfort or repose of any persons other than the owner of such dog.
Uproot, dig into, upset or otherwise damage any vegetables, lawns, flowers, garden beds, garbage containers, or other property not belonging to the owner of such dog.
Destroy, kill, or damage any poultry, livestock, or domestic pets not belonging to the owner or protected wildlife.
Chase, jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury except when such person may be on the owner's private property without said owner's consent.
Habitually chase, run alongside or bark at motor vehicles, cyclists and/or pedestrians while on a public street or highway or upon public or private property other than the property of said owner.
Create a nuisance by defecating, urinating or digging on public or private property other than the property of said owner.
Allow a female dog to be off the owner's premises when in heat except when transporting such dog to a veterinarian's office or when involved in a formalized, controlled breeding program.
Run at large on any school premises or recreational areas or the sidewalks adjacent thereto.
Establishment of the fact or facts that a dog has committed any of the acts prohibited by this article shall be presumptive evidence against the dog owner that he/she has failed to properly confine, leash or control his/her dog.
Town, county, and state dog control officers may seize any dog found:
Not to be identified and not on the owner's property, or not to be licensed whether on the owner's property or not (see § 117 of the Agriculture and Markets Law); or
Any dog found running at large in violation of the above restrictions.
To effect seizure, officers may only use such degree of force as shall be necessary to gain control over the dog without intentionally injuring or harming the dog, and such dog shall be impounded and disposed of pursuant to § 117 of the Agriculture and Markets Law. Officers are not authorized hereby to enter a building in order to seize a dog without permission of the building's owner. When permission is not given and probable cause exists to believe that a dog is in the building and is in violation of the Agriculture and Markets Law or this article, then an officer can proceed before a court of law to obtain a warrant to enter the building to seize the dog by application of the Criminal Procedure Law, Article 690. The Dog Control Officer will maintain records of seized, impounded, forfeited and adopted dogs as required by § 117 of the Agriculture and Markets Law and by the Genesee County Animal Shelter.
The seizure of any dog shall not relieve any owner from any violation provided for by the Agriculture and Markets Law and this article.
No liability in damages or otherwise shall be incurred on account of the seizure, euthanization or adoption of any dog seized pursuant to this article on the part of the Town, county or state dog control officers or police officers (see Agriculture and Markets Law, § 117, Subdivision 11).
Following seizure of a dog pursuant to this article, it shall be impounded pursuant to § 117 of the Agriculture and Markets Law and the holding period and fee will be as set forth in § 117 of the Agriculture and Markets Law. Impoundment fees shall be paid to the county animal control officer and will be credited to the respective Town as provided in Subdivision 5 of § 117.
All dogs seized pursuant to this article will be subject to forfeiture, adoption and euthanization as set forth in § 117 of the Agriculture and Markets Law and the county animal shelter rules and regulations. The Town hereby encourages that all dogs adopted following seizure pursuant to this article be spayed or neutered before or after release from impoundment, as the county animal shelter might require (see § 117, Subdivision 7, of the Agriculture and Markets Law).
This article may be enforced by either Town, county or state dog control officers and/or police officers.
It shall be a violation punishable as provided in § 118 of the Agriculture and Markets Law for:
Any dog owner to fail to license any dog;
Any dog owner to fail to have any dog identified as required by Agriculture and Markets Law § 111;
Any dog owner to knowingly affix any false or improper identification tag;
Any dog owner to violate any of the restrictions listed in this article.
Any owner of a dog to fail to notify the municipality in which his or her dog is licensed of any change of ownership or address as required by Agriculture and Markets Law § 112.
Upon a violation of this article, the Town Constable, county and state dog control officer and/or police officers may proceed in accordance with § 119 of the Agriculture and Markets Law. Fines and penalties for any violation of this article will be in amounts set forth in § 119 of the Agriculture and Markets Law.
Violations of this article shall be prosecuted pursuant to the Penal Law (see § 119, Subdivision 2, of the Agriculture and Markets Law.).
The Town Constable may serve appearance tickets personally upon violating dog owners as required by law.
Dogs believed to be dangerous to human beings, domesticated or protected animals will be proceeded against pursuant to § 123 of the Agriculture and Markets Law.
All money collected by the Town Court as a fine, penalty and/or bail forfeiture pursuant to this article or Article 7 of the Agriculture and Markets Law shall become the property of the Town.
Any person who observes a dog in violation of this article may file a complaint with either the Town Clerk, Town, county or state dog control officers, and/or police officers, specifying the nature of the violation, the date thereof, a description of the dog and the name and address, if known, of the owner of the dog.
Upon receipt by the Town Clerk, Town, county or state dog control officers, and/or police officers, of any such complaint, he/she may investigate said complaint or he/she may summon the alleged owner to appear in person before the Town Justice for a hearing at which both the complainant and owner shall have an opportunity to be represented by counsel and to present evidence. If, after such hearing, the Town Justice decides that further action is warrant, he/she may order:
[Adopted 12-16-2010 by L.L. No. 1-2010]
The title of this article shall be "Dog Licensing and Control Law of the Town of LeRoy, County of Genesee."
This article is enacted pursuant to the provisions of (Chapter 59; Part T of the Laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
The Town Board of the Town of LeRoy, County of Genesee hereby finds and declares that the purpose of this article is to provide for the licensing and identification of dogs.
All terms not specifically defined herein shall have the meaning assigned to such terms within § 108 of the Agriculture and Markets Law of the State of New York. 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 of the effective date of this chapter, as amended by this chapter, and as thereafter amended.
- IDENTIFICATION TAG
- A tag issued by the Town Clerk which sets forth the identification number together with the name of the Town and state, the telephone number of the Town Clerk, and any other information deemed necessary by the Town Clerk.
- Any person who harbors or keeps any dog or other animal.
- OWNER OF RECORD
- The person in whose name a dog was last licensed pursuant to this chapter.
- A person, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.
- An individual who maintains a residence within the Town of LeRoy, County of Genesee, State of New York.
- RUN AT LARGE
- To be in a public place or on private land without the knowledge, consent, and approval of the owner of such lands.
- The Town of LeRoy, County of Genesee, State of New York.
No person shall own or possess a dog within the Town unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law and laws of the Town.
All dogs within the Town that are four months of age or older, unless otherwise exempted, shall be licensed. No license shall be required for any dog which is under the age of four months and which is not at large.
The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk of the Town 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.
The Town 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 in which the dog will be harbored for licensing or to the Town Clerk of the Town where the shelter is located for the purchase of the license for adoption purposes.
Any dog harbored within the Town which is owned by a resident of New York City or licensed by the City of New York, or which is owned by a nonresident of New York State and licensed by a jurisdiction outside the State of New York, shall for a period of 30 days be exempt from the licensing and identification provisions of this article.
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. Proof of rabies vaccination is required for initial license or renewal of license.
Each license issued pursuant to this article shall be valid for a period of one year and shall expire on the last day of the last month of the period for which it was issued. No license shall be issued for a period expiring after the last day of the eleventh month following the expiration date of the current rabies certificate for the dog being licensed.
State-mandated animal population control surcharge.
Each individual dog license for a spayed or neutered dog shall be subject to an animal population control surcharge in the amount of $1, payable at the time the dog license application is filed.
Each individual dog license for an unspayed or unneutered dog shall be subject to an animal population control surcharge in the amount of $3, payable at the time the dog license application is filed.
Optional dog enumeration surcharge. Each dog found to be unlicensed during a Town dog enumeration shall be subject to a $5 dog enumeration surcharge, payable at the time of the application is filed to license said dog.
Optional fee exemptions.
Each copy of any license for such dogs shall be conspicuously marked "guide dog," "hearing dog," "service dog," "working search dog," "police work dog," or "therapy dog," as may be appropriate, by the Clerk.
Upon validation by the Town Clerk of the Town, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk of the Town. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereof.
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately apply for a new license for the dog. A license cannot be transferred to another dog.
Change of ownership, lost or stolen dogs.
Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. The original issued identification tag shall remain the same for the life of the dog.
In the event of a change in ownership of any dog which has been assigned an official identification number or in the event of a change of address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, notify the Town Clerk.
If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, notify the Town Clerk.
In the case of a dog's death, the owner of record shall so notify the Town Clerk either prior to renewal of license or upon the time of such renewal.
The Town Clerk shall assign a Town identification number to a dog when it is first licensed. Such identification number shall be carried by the dog on an identification tag which shall be affixed to the collar of the dog at all times.
An identification tag is not required to be worn while the dog is participating in a dog show.
The official permanent identification number shall constitute the official identification of the dog to which it is assigned, regardless of changes of ownership, and the number shall not be reassigned to any other dog during the lifetime of the dog to which it is assigned.
No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which the number has been assigned.
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no additional charge.
The Town of LeRoy will no longer issue or extend purebred dog licenses. All dogs, including purebreds, will be licensed according to the provisions of this article.
A violation of this section shall be punishable, subject to such an election, either:
Where prosecuted pursuant to the penal law, by a fine of not less than $25, except that: where the person was found to have violated this section or former Article 7 of the Agriculture and Markets Law within the preceding five years, the fine may be not less than $50; and 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; or
Where prosecuted as an action to recover a civil penalty, by a civil penalty of not less than $25, except that: when the person was found to have violated this section or this article within the preceding five years, the civil penalty may be not less than $50; and where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may be not less than $100.
This article shall be effective January 1, 2011 after filing with the Secretary of State.