[Adopted 12-5-2002 by L.L. No. 2-2002]
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.
CONFINED
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).
DOG
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.
DOG OWNER
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.
KENNEL
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.
TOWN
Any designated area within the Town of LeRoy boundary line.
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.
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.
[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.
OWNER
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.
PERSON
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
RESIDENT
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.
TOWN
The Town of LeRoy, County of Genesee, State of New York.
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.
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.