[HISTORY: Adopted by the Town Board of the Town of LeRoy
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 105.
[Adopted 12-5-2002 by L.L. No. 2-2002[1]]
[1]
Editor's Note: This local law superseded former Art.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:
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.
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).[1]
Male and female, licensed or unlicensed, members of the species
Canis familiaris.
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.
The person, persons, firm, association, or corporation who:
Purchased the license for the dog and is the registered owner;
Professes ownership of the dog;
Has custody or control of the dog;
Harbors or is otherwise responsible for the dog;
Is the parent, guardian or head of household of any minor under
18 years of age who owns or harbors the dog; or
Brings into or permits the dog to come into the Town.
Owns the property where the dog(s) reside.
[Added 12-26-2019 by L.L. No. 2-2020]
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]
A person, firm, association or corporation that raises dogs
for show, competition or sale, as certified by the Town Clerk.
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.
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.
A.
Dogs less
than six months old shall be exempt from these regulations.
B.
The maintenance
of four or fewer dogs is permitted as an accessory use in any district.
C.
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]
A.
It shall be unlawful for any dog owner in the Town to permit or allow
a dog to:
(2)
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.
(3)
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.
(4)
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.
(5)
Destroy, kill, or damage any poultry, livestock, or domestic pets
not belonging to the owner or protected wildlife.
(6)
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.
(7)
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.
(8)
Create a nuisance by defecating,
urinating or digging on public or private property other than the
property of said owner.
(9)
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.
(10)
Run at large on any school premises or recreational areas or
the sidewalks adjacent thereto.
B.
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.
A.
Town, county, and state dog control officers may seize any dog found:[1]
B.
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.[2]
C.
The seizure of any dog shall not relieve any owner from any violation
provided for by the Agriculture and Markets Law and this article.
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.
A.
It shall be a violation punishable as provided in § 118
of the Agriculture and Markets Law for:[1]
(1)
Any dog owner to fail to license any dog;
(2)
Any dog owner to fail to have any dog identified as required by Agriculture
and Markets Law § 111;
(3)
(Reserved)
(4)
Any dog owner to knowingly affix any false or improper identification
tag;
(5)
Any dog owner to violate any of the restrictions listed in this article.
(6)
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.
B.
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.
C.
Violations of this article shall be prosecuted pursuant to the Penal
Law (see § 119, Subdivision 2, of the Agriculture and Markets
Law.).
D.
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.
A.
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.
B.
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:
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.
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.
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.[1]
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.
A.
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.
B.
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.
C.
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.
B.
State-mandated animal population control surcharge.
(1)
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.
(2)
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.
C.
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.
A.
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.
B.
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.
C.
Change of ownership, lost or stolen dogs.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
D.
Identification tag.
(1)
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.
(2)
An identification tag is not required to be worn while the dog is
participating in a dog show.
(3)
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.
(4)
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.
(5)
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:
A.
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
B.
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.
