[HISTORY: Adopted by the Town Board of the Town of Royalton 11-8-2010 by L.L. No.
3-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 95.
The purpose of this chapter shall be to promote the health,
safety and general welfare of the Town of Royalton, including the
protection and preservation of the property of the Town and its inhabitants,
by specifying, establishing and imposing certain restrictions, regulations
and responsibilities relating to the control of dogs within the Town
of Royalton, as hereinafter defined.
[Added 5-8-2017 by L.L.
No. 3-2017]
A.
All dogs in the Town of Royalton must be licensed with the Town Clerk
by the age of four months, and a current certificate of rabies is
required to be presented at the time of licensing or the renewal of
an existing license.
B.
All dog licenses for unspayed or unneutered dogs shall be paid for
a period of one year and shall expire at the end of the month one
year from the date of issue. Dog licenses are not transferable, and
no refund shall be given on any license issued.
C.
Fees for licensing of dogs.
(1)
The fee for a spayed or neutered dog for a one-year period will be
$8 (which fee includes the assessment of a surcharge of $1 for the
purpose of carrying out animal population control). Any dog license
issued to persons 65 years or older shall only cost $5.
(2)
The fee for an unspayed or unneutered dog will be $16 (which includes
the assessment of a surcharge of $3 for the purpose of carrying out
animal population control).
(3)
In the event that an individual owning a dog moves into the Town
of Royalton, the owner must obtain a new license for such dog at the
Town Clerk's office within 30 days of moving into the Town of Royalton.
The owner must provide proof that the dog was properly vaccinated
for rabies.
(4)
The fees established by this provision are subject to review by the
Town Board periodically and may be changed by a resolution of the
Town Board, if deemed necessary.
(5)
The fees for licensing of dogs shall be double the fee set forth
above or on the fee schedule established by the Town pursuant to this
section if the owner fails to renew the dog license upon the expiration
thereof and continues such failure for a period of three months following
the expiration of the prior dog license.
As used in this chapter, the words in the following list shall
have the following respective meanings:
Any dog shall be deemed to be "at large" if not accompanied
by a person who is in control of the dog or who is providing restraint
of the dog elsewhere than on the premises of the owner, keeper or
another responsible person who has knowledge of the dog's presence
and who assents thereto.
Any action by a dog that might cause reasonable apprehension
of harm or injury to a person, together with the apparent ability
of the dog to inflict such harm. An actual bite by the dog is unnecessary
to meet the qualifications of this definition.
When a dog comes, heels, and stays promptly upon command.
A dog that, without provocation, chases or approaches in
either a menacing fashion or in an apparent attitude of attack or
attempts to bite or otherwise endanger any person or domestic animal
while that dog is off the premises of its owner, keeper or harborer
and not under the control of its owner, keeper or harborer.
Euthanasia of a dog; the act of painlessly causing the death
of the dog.
Arrangement for the sale or destruction of a dog.
Includes the plural "dogs" and refers to any dog of either
sex or any age unless otherwise indicated herein. Any member of the
species Canis familiaris, regardless of age, male and female, licensed
and unlicensed.
Any person who is appointed by the Town Board to assist in
the enforcement of this article.
Any cat, other dog or any other animal defined as a domestic
animal in Article 7, § 108, of the Agriculture and Markets
Law of the State of New York.
A list of all fees charged by the Town of Royalton in conjunction
with this article.
The loss or giving up of any claim to a dog.
Any dog trained to guide blind, deaf or other handicapped
persons.
A dog that barks, bays, cries, howls, or makes any other
noise for a period of 30 minutes or barks intermittently for one hour
or more to the disturbance of any person at any time of day or night,
regardless of whether the dog is physically situated in or upon private
or commercial property, provided, however, that a dog shall not be
deemed a barking dog for purpose of this chapter, if, at the time
the dog is barking or making any noise, a person is trespassing or
threatening to trespass upon private property in or upon which the
dog is situated or for any other legitimate cause which teased or
provoked the dog.
To provide food and shelter for any dog.
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.
That the dog is equipped with a collar or harness to which
is attached a leash of sufficient strength to restrain the dog, unless
the dog is accompanied by its owner or other responsible person able
to control the animal by voice command.
The behavior of a dog which would cause a person to reasonably
believe that the dog would cause physical injury to such person.
Any person who is a licensed owner of a dog. This term also
includes any person who owns, keeps or harbors or who has the care,
custody or control of a dog, and can include more than one person.
Dogs owned by minors shall be deemed to be in the care, custody and
control of the minor's parents or other head of the household where
the minor resides.
Punishment fixed by law.
Any person who harbors a dog for an individual or owner who
lives off the premises.
Any dog owned or harbored by any state or municipal police
department.
Any injury to humans, domestic animals, or deer that results
in broken bones or disfiguring lacerations requiring multiple sutures
or cosmetic surgery.
Includes all who reside in the Town of Royalton.
A dog that, without provocation, bites, injures or kills
a human being, other dog, cat or domestic animal.
The dog was not teased, tormented or abused by a person or
the dog was not coming to the aid or the defense of a person who was
not engaged in illegal or criminal activity and who was not using
the dog as a means of carrying out such activity.
Any dog being used to shepherd or guard cows, sheep or any
other domestic animals.
It shall be unlawful for any owner of or any person harboring
any dog in the Town of Royalton to permit or allow such dog to:
A.
Run at large unless accompanied by its owner or a responsible person
able to control the animal. For the purposes of this chapter, a dog
or dogs lawfully hunting or field training in the company with a hunter(s)
or handler(s) shall be considered as accompanied by and under the
control of its owner.
B.
Engage in habitual loud howling or barking or to conduct itself in
such manner so as to habitually annoy any person other than the owner
or person harboring such dog.
C.
Cause damage or destruction to property or commit a nuisance upon
the premises of a person other than the owner or person harboring
such a dog.
D.
Chase or otherwise harass any person in such a manner as to reasonably
cause intimidation or to put any person present in reasonable apprehension
of bodily harm or injury.
E.
Habitually chase or bark at motor vehicles.
F.
Running
at large. All dogs are to be restrained by a leash not exceeding 10
feet in length while off the owner's premises whether or not tagged
or licensed. Any person owning or harboring a dog shall not suffer
or allow it to run at large in any of the streets or public places
of this Town or upon the premises of anyone other than the owner or
custodian unless the owner or occupant of such premises grants permission.
The Dog Control Officer or any of his duly authorized assistants or
the duly authorized agents of any person or corporation enforcing
the provisions of the Agriculture and Markets Law and Public Health
Law relating to dogs shall be empowered to seize any dog not so restrained
found off of the owner's premises.
[Added 3-9-2020 by L.L. No. 5-2020]
A.
An animal control officer or other proper authority designated by
the Town Board, as provided by § 113 of the Agriculture
and Markets Law and other applicable laws and provisions, may enforce
the provisions of this chapter and may also investigate and report
to a Town Justice any dangerous dog as described in § 123
of the Agriculture and Markets Law and see that the order or orders
of the Town Justice in such case are carried out.
[Amended 10-20-2014 by L.L. No. 3-2014]
B.
The Town Board shall appoint a Dog Control Officer or Officers as
needed pursuant to Article 7 of the Agriculture and Markets Law of
the State of New York. It shall be the duty of such Dog Control Officer
or Officers, as well as all peace officers within the Town of Royalton,
to enforce appropriate provisions of this article, as well as the
Agriculture and Markets Law, with respect to dogs in the Town of Royalton.
The Town Board authorizes the Niagara County Sheriff's Office and
the New York State Police to enforce any provisions of this article,
as well as applicable provisions of the Agriculture and Markets Law
of the State of New York. In addition, any Dog Control Officer or
peace officer of the Town is hereby authorized to serve any process
related to any proceeding, whether criminal or civil in nature, including
any appearance ticket (pursuant to § 150.20 of the Criminal
Procedure Law), in accordance with the provisions of this article.
If the Dog Control Officer serves said appearance ticket and it is
disregarded, the Town Justice shall permit the filing of an information
from said Officer and shall issue a warrant of arrest for such person.
(1)
Authority of the Dog Control Officer. The Dog Control Officer or
Officers of the Town of Royalton may seize a dog or any dogs, tagged
or untagged, which are found to be in violation of any provision of
this chapter, as well as any dog or dogs otherwise required to be
seized under and by virtue of Article 7 of the New York State Agriculture
and Markets Law.
(2)
Appearance tickets; filing of complaints.
(a)
Any dog control officer in the employ of or under contract with
the Town of Royalton, observing a violation of this chapter in his
presence, shall issue and serve an appearance ticket for such violation.
(b)
Any person who observes a dog causing damage or destruction
to property other than its owner or committing a nuisance upon the
premises of a person other than its owner may file a signed complaint,
under oath, with the Town Clerk, and such complaint shall be referred
by the Clerk to the Dog Control Officer, specifying the objectionable
conduct of the dog, the date thereof, the damage caused, a description
of the dog, if known, and the name of the owner or person harboring
said dog, if known.
(c)
Oral complaints made to the Town Clerk or Dog Control Officer
must include the complainant's name and address and may be used only
as a basis for investigation by the Dog Control Officer or peace officer.
C.
The Dog Control Officer shall have the authority and discretion to
euthanize a dog that has been injured or that poses a threat to public
health and safety.
[Added 5-8-2017 by L.L.
No. 3-2017]
A.
The Dog Control Officer may issue an appearance ticket to any person
believed to be in violation of this chapter.
[Amended 10-20-2014 by L.L. No. 3-2014]
The seizure and redemption of dogs in violation of this chapter shall be as provided in § 117 of the Agriculture and Markets Law of the State of New York. The owner of any seized dog shall be required to pay the fees as set forth in § 50-9 of this chapter whether or not such owner chooses to redeem his or her dog.
[1]
Editor’s Note: Local Law No. 5-2014 provided as follows:
“Section 117(4) of the Agriculture and Markets Law sets forth
a five-day redemption period for dogs which are seized and which are
not identified. Section 118(8) of the Agriculture and Markets Law
permits municipalities to establish a shorter duration for said redemption
period. The Town of Royalton hereby establishes a three-day redemption
period for dogs seized pursuant to Section 118(4) of the Agriculture
and Markets Law; provided further, however, that where notice to the
owner is given by mail, the redemption period shall be no less than
seven days.”
[Amended 10-20-2014 by L.L. No. 3-2014; 5-8-2017 by L.L. No. 3-2017]
A violation of this chapter shall be deemed an offense against such law, and any person convicted hereunder shall be fined an amount of not less than $50 and not more than $150; provided, however, that if the person committing such offense shall have been convicted of an offense in violation of this chapter within the preceding two years, the fine shall be not less than $150 and not more than $550; and if such person shall have been convicted of two or more offenses within the preceding two years, the fine shall be not less than $550 and not more than $1,000; and if such person shall have been convicted of three or more offenses within the preceding two years, the fine shall be not less than $1,000 and not more than $2,000 and/or imprisonment for a period not exceeding 15 days and, in addition, may also include the seizure of the dog pursuant to the requirements of § 50-6 of this chapter. Any dog ordered seized shall be adopted, sold or euthanized pursuant to the provisions of § 117 of the Agriculture and Markets Law.
[Amended 10-20-2014 by L.L. No. 3-2014]
In accordance with Article 7, § 110 of the NYS Agriculture
and Markets Law, all dogs reaching the age of four months shall be
licensed and identified. Application for license shall be made in
accordance with the provisions of the law.
A.
The following dogs, as defined in Article 7 of the Agriculture and
Markets Law, shall be exempt from licensing fees: guide dog, hearing
dog, service dog, war dog, working search dog, detection dog, police
work dog and therapy dog. In addition, any dog harbored within the
Town of Royalton which is owned by a nonresident of New York State
and licensed by a jurisdiction outside of the State of New York shall,
for a period of 30 days, be exempt from the licensing and identification
provisions.
B.
The annual fee for each dog license issued shall be set from time
to time by the Town Board.
[Amended 10-20-2014 by L.L. No. 3-2014]
C.
Each license issued pursuant to this chapter 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 is 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.
D.
Upon validation by the Town Clerk of the Town of Royalton 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.
E.
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.
F.
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.
(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)
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.
G.
Identification
number and tag.
(1)
The Town Clerk shall assign a Town permanent official 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)
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.
(3)
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.
A.
Any dog which has been seized pursuant to § 117 of the
Agriculture and Markets Law of the State of New York or this chapter
shall pay the following impoundment fees:
[Amended 10-20-2014 by L.L. No. 3-2014]
(1)
For the first impoundment of any dog owned by that person: $25
(2)
For the second impoundment, within one year of the first impoundment,
of any dog owned by that person: $40.
(3)
For the third impoundment, within one year of the first impoundment,
of any dog owned by that person: $60.
(4)
For the fourth impoundment, within one year of the first impoundment,
of any dog owned by that person: $75.
(5)
For the fifth and any subsequent impoundment, within one year of
the first impoundment, of any dog owned by that person: $100.
B.
In addition to the aforesaid impoundment fee, the owner of any dog
seized pursuant to this section shall be responsible to pay for sheltering,
feeding and watering said dog in accordance with a schedule of fees
as set, from time to time, by the Town Board pursuant to resolution.
[Amended 10-20-2014 by L.L. No. 3-2014; 9-11-2017 by L.L. No. 7-2017]
C.
In the case where veterinary care is necessary to protect the health
and welfare of a dog, in addition to the impoundment fee, the Town
shall also charge $25 for each trip to the veterinarian and for all
cost of such veterinary care.
D.
The owner of any dog not redeemed within seven days of the date of
his sentencing shall forfeit all title to the dog(s), and the dog(s)
shall be sold or destroyed pursuant to the provisions of § 117
of the Agriculture and Markets Law.
[Amended 10-20-2014 by L.L. No. 3-2014]
E.
Impoundment fees can only be set by local law.
The owner, possessor or harborer of any dog destroyed under
the provisions of this chapter shall not be entitled to any compensation,
and no action shall be maintainable thereafter to recover the value
of the dog.
This chapter shall become effective January 1, 2011 and upon
its filing with the Office of the New York Secretary of State.
