[Adopted 12-14-2010 by L.L. No. 2-2010]
The title of this article shall be "Dog Licensing and Control
Law of the Town of Ulysses."
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 Ulysses, County of Tompkins, hereby
finds and declares that the purpose of this article is to provide
for the licensing and identification of dogs.
As used in this article, the following words shall mean:
ALTERED
A dog that has been spayed or neutered.
AT LARGE
An unleashed dog not under control of the owner and off the
premises of the owner.
COMPANION ANIMAL
Any dog or cat, and shall also mean any other domesticated
animal normally maintained in or near the household of the owner or
person who cares for such other domesticated animal. "Companion animal"
shall not include a domestic animal as defined in this section.
DANGEROUS DOG
A.
Any dog which:
(1)
Without justification attacks a person, companion animal, farm
animal, or domestic animal as defined in this section and causes physical
injury or death; or
(2)
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
(3)
Without justification attacks a "guide dog," "hearing dog,"
"service dog," "working search dog," "war dog," "detection dog," "police
work dog" or "therapy dog" and causes physical injury or death.
B.
"Dangerous dog" does not include a "police work dog" while being
used to assist one or more law enforcement officers in the performance
of their official duties.
DETECTION DOG
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
DOG
Any member of the species Canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the Town to assist in the enforcement
of this article or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated dog protective
association under contract with the Town to assist in the enforcement
of this article.
DOMESTIC ANIMAL
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer, whitetail deer which is raised under license from the New
York State Department of Environmental Conservation, llama, goat,
swine, fowl, duck, goose, swan, turkey, confined domestic hare or
rabbit, pheasant or other bird which is raised in confinement under
license from the New York State Department of Environmental Conservation
before release from captivity, except that the varieties of fowl commonly
used for cock fights shall not be considered domestic animals for
the purposes of this article.
FARM ANIMAL
Any ungulate, poultry, species of cattle, sheep, swine, goats,
llamas, horses or fur-bearing animals, as defined in New York State
Environmental Conservation Law, which are raised for commercial or
subsistence purposes. Fur-bearing animal shall not include dogs or
cats.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred for such purpose.
HABITUAL
A dog barking, whining, etc., for repeated intervals of at
least 15 minutes with less than two minutes of interruption, which
can be heard by any person from a location outside of the owner’s
or caretaker’s premises.
HARBOR
To provide food or shelter to any dog.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the State of New York during the period
such dog is being trained or bred for such purpose.
IDENTIFICATION TAG
A tag issued by the Town of Ulysses or other licensing municipality
which sets forth an identification number, together with the name
of the municipality, the State of New York, contact information, including
telephone number for the municipality, and such other information
as the licensing municipality deems appropriate.
OWNER
Any person who harbors or keeps any dog. If a dog is not
licensed, the term of "owner" shall designate and cover any person
or persons, firm, association or corporation who or which at any time
owns or has custody or control of, harbors, or is otherwise responsible
for any animal which is kept, brought or comes within the Town. Any
person owning or harboring a dog for a period of one week prior to
the filing of any complaint charging a violation of this article shall
be held and deemed to be the owner of such dog for the purpose of
this article. In the event any dog found to be in violation of this
article shall be owned by a minor (under 18 years of age), the head
of the household in which said minor resides shall be deemed to have
custody and control of said dog and shall be responsible for any acts
of said dog and violation of this article.
OWNER OF RECORD
The person purchasing the license or in whose name any dog
was last licensed. An owner of record shall be 18 years of age or
older.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
POLICE WORK DOG
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work purposes.
PUREBRED DOG
A dog registered by a nationally recognized registry association.
RECOGNIZED REGISTRY ASSOCIATION
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keeps such records as
may be required by the Commissioner of Agriculture.
SERVICE DOG
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
THERAPY DOG
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the state during the
period such dog is being trained or bred for such purpose.
TOMPKINS COUNTY WORKING DOG
Any "guide dog," "hearing dog," "service dog," "working search
dog," "war dog," "detection dog," "police work dog" or "therapy dog"
as defined by this article and Article 7 of New York State Agriculture
and Markets Law, and is duly licensed by any licensing municipality
within Tompkins County, New York and wearing a Tompkins County working
dog tag.
TOWN
The area within the corporate limits of the Town of Ulysses,
including the Village of Trumansburg.
UNALTERED
Any dog that is not spayed or neutered.
VILLAGE
The area within the corporate limit of the Village of Trumansburg.
WAR DOG
Any dog which has been honorably discharged from the United
States Armed Services.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons and is actually used for such purpose.
All premises occupied by dogs shall be kept in a clean, sanitary
condition. Adequate food, water, shelter and space must be provided
for each dog owned. For the purpose of this section, "adequate" shall
mean sufficient for age, size and number of dogs on the premises.
All female dogs, while in season (heat), shall be confined to
the premises of their owner and my not be left outside unattended.
Any owner not adhering to this section shall be subject to having
the dog seized by the Dog Control Officer and removed to a shelter
or pound for confinement. The owner of any dog seized pursuant to
this section shall be subject to an impoundment fee plus the shelter's
usual boarding fees for time spent in the shelter. In the event that
the dog is released from the shelter before the end of its cycle,
the owner must demonstrate to the shelter manager that the dog shall
be sufficiently confined.
Any Dog Control Officer or other person or persons, who are
or may be lawfully authorized by the Town, shall, and any Village
of Trumansburg police officer or any other peace officer may, administer
and enforce the provisions of this article, and for such purpose shall
have the authority to issue appearance tickets.
A violation of this article shall constitute a violation as
defined in the Penal Law of the State of New York and shall be punishable
by a penalty of not less than $25 for the first violation, not less
than $50 for the second violation, and not less than $75 for the third
and all subsequent violations, or by imprisonment for a term not to
exceed five days for each violation. These penalties shall be in addition
to any other penalty provided by law.
Notwithstanding any other provision of law, all moneys collected
as fines or penalties by the Town of Ulysses as a result of any prosecution
for violations of the provisions of this article or Article 7 of New
York State Agriculture and Markets Law and all bail forfeitures by
persons charged with such violations shall be the property of the
Town of Ulysses and shall be paid to the Town Supervisor. Such moneys
shall be used only for controlling dogs and enforcing this article.
Said revenue may also be used to subsidize:
A. The spaying
or neutering of dogs;
B. Any facility
as authorized under Article 7 of New York State Agriculture and Markets
Law; and
C. Subsidizing
public humane education programs in responsible dog ownership.
No action shall be maintained against the Town of Ulysses, the
Village of Trumansburg, the Ulysses Dog Control Officer, any Village
of Trumansburg police officer, or any person or persons lawfully authorized
by the Town when performing duties pursuant to this article or New
York State Agriculture and Markets Law to recover the possession or
value of any dog, or for damages for injury or compensation for the
destruction of any dog seized or destroyed pursuant to the provisions
of this article or New York State Agriculture and Markets Law.
This article shall take effect the 1st day of January 2011 and
filed with the Secretary of State.
[Adopted 7-26-2022 by L.L. No. 3-2022]
The title of this article shall be "Prohibition on Display of
Wild and/or Exotic Animals in a Traveling Animal Act."
This article is enacted pursuant to the provisions of the Municipal
Home Rule Law of the State of New York.
The Town Board of the Town of Ulysses, County of Tompkins, hereby
finds and declares that the purpose of this article is to protect
the health, safety and welfare of the residents of the Town of Ulysses
from the dangers posed by the display of wild and exotic animals,
as well as the health, safety and welfare of those animals.
This article shall apply to all areas of the Town of Ulysses,
outside of the municipal boundaries of the Village of Trumansburg.
As used in this article, the following words shall have the
meanings set forth herein.
ENFORCEMENT OFFICER
The Town Code Enforcement Officer, SPCA Humane Officer, officer
of the peace, police officer, or other person duly authorized by the
Town Board of the Town of Ulysses to enforce this article.
DISPLAY
Any exhibition, fair, act, circus, ride, or similar undertaking
in which wild and/or exotic animals are required to perform tricks,
give rides, or participate as accompaniments for the entertainment,
amusement, or benefit of a live audience, whether or not a fee is
charged.
MOBILE OR TRAVELING HOUSING FACILITY
A transporting vehicle such as a truck, trailer or railway
car, used to transport or house wild and/or exotic animals while traveling
for exhibition or other performance of those wild and exotic animals.
TRAVELING ANIMAL ACT
Any display of wild and/or exotic animals where such animals
are transported to, from, or between locations for the purpose of
such display, in a mobile or traveling housing facility.
WILD AND/OR EXOTIC ANIMAL
All animals classified in the following orders or families
except the species noted:
A.
Non-human primates and prosimians;
B.
Felidae, except domestic cats;
C.
Canidae, except domestic dogs;
H.
Artiodactyla, except any member of the genus Bos (domestic cattle);
any member of the family Cervidae (deer/elk); any member of the family
Suidae (pigs, hogs, boars); any member of the family Camelidae native
to South America (Llamas and alpaca); any member of the Caprine species
(goat); any member of the genus Ovis (sheep); any member of the subtribe
Bovina (bison/buffalo);
I.
Perissodactyla, excepting horses, ponies, donkeys, and mules;
L.
Raties, except ostriches and emu.
It shall be unlawful for any person, business, entity, corporation,
limited-liability company or other similar organization to allow for
the display of a wild and/or exotic animal in a traveling animal act.
Any Enforcement Officer shall administer and enforce the provisions
of this article, and for such purpose shall have the authority to
issue appearance tickets.
A violation of this article shall constitute a violation as
defined in the Penal Law of the State of New York and shall be punishable
by a penalty of $250 per offense. Each and every wild and/or exotic
animal exhibited and each day of exhibition shall each constitute
a separate offense.
This article shall take effect upon filing with the Secretary
of State.