[HISTORY: Adopted by the Town Board of the Town of Mount Hope as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-29-2010 by L.L. No. 1-2011]
This article shall be referred to as "Local Law Number 1 of the year 2011" entitled "The Regulation and Licensing of Dogs" to provide procedures for the regulation and licensing of dogs.
It shall be enforceable by bringing an action or prosecution in the Town Court of the Town of Mount Hope or other court of general jurisdiction.
The purpose of this article is to repeal Local Law Number 1 of the year 1979, Local Law Number 4 of the year 1990 and the Dog Ordinance of the Town of Mount Hope adopted May 14, 1990, in their entirety and to create a new local law which will provide for the licensing and identification of dogs, the control and protection of the dog population and protection of persons, property, domestic animals and deer from dog attacks and damage in the Town of Mount Hope in accordance with recent changes to New York State Law. Effective January 1, 2011, the State of New York has relinquished the responsibility of dog licensing functions to the local municipalities and eliminated the Animal Population Control Fund. This article is enacted under the authority granted to municipalities under the New York State Constitution and Municipal Home Rule Law of the State of New York.
The Town of Mount Hope also finds that the running at large and other uncontrolled behavior of dogs have caused physical harm to domestic animals and persons and damage to property and have created nuisances within the Town. The purpose of this article is to provide for the licensing and identification of dogs, to control and protect the dog population and to protect the health, safety and well-being of persons, property and other animals by imposing restrictions and regulations upon the keeping or running at large of dogs and the seizure thereof within the Town of Mount Hope.
As used in this article, the following terms shall have the meanings indicated:
- AT LARGE
- Any dog that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the dog. No dog shall be deemed to be "at large" if it is a police work dog or in use for police work or accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.
- The Town Clerk or Deputy Town Clerk of the Town of Mount Hope, where licenses are to be validated or issued.
- 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.
- Both male and female and neutered dogs, and shall include the singular and plural.
- 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.
- To provide food or shelter to any dog.
- HEARING DOG
- Any dog that is trained to aid a person who is hearing impaired 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 training. 
- IDENTIFICATION TAG
- A tag which sets forth an identification number, as required by the provisions set forth in this article.
- Any person, firm, association or corporation owning, harboring, keeping or otherwise responsible for a dog or dogs, or for property or premises whereon a dog or dogs are found or kept.
- PERSON WITH DISABILITY
- Any person with a "disability" as that term is defined in Subdivision 21 of § 292 of the New York State Executive Law. 
- POLICE WORK DOG
- Any dog owned or harbored by any 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.
- 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 of New York during the period such dog is being trained or bred for such purpose.
- The Town of Mount Hope.
- WAR DOG
- Any dog which has been honorably discharged from the United States Armed Services.
- WORKING DOG
- Any dog that is trained to aid in the search for missing persons and is actually used for such purposes; provided, however, that such services provided by said dog shall be performed without charge or fee.
All dogs within the Town of Mount Hope four months of age or older, unless otherwise exempted, shall be licensed. The owner of each dog required to be licensed shall obtain, complete and return to the Clerk 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 of Mount Hope.
No license shall be required for any dog under the age of four months that is not at large.
Any dog harbored within the Town 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.
Application. Applications for a dog license shall be made to the Clerk.
The application shall state the sex, actual or approximate year of birth, breed, color(s), municipal identification number of the dog, and other identification markers, if any, and the name, address, telephone number, county and town, city or village of residence of the dog owner and such other information as the Clerk may reasonably deem relevant.
In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian showing that the dog has been spayed or neutered, provided such certificate shall not be required if the same is already on file with the Clerk.
The application shall be accompanied by a nonrefundable license fee as set forth in § 75-5 hereinbelow.
The Clerk shall provide a copy of the license to the owner and retain a record of the license in either paper or electronic format.
Fees. Every person applying to the Town for a dog license shall pay an annual license fee for each dog, as set forth in § 75-5 hereinbelow.
Exemption from fees. There shall be no fee charged for the license issued for any detection dog, guide dog, hearing dog, police work dog, service dog, therapy dog, war dog or working search dog. Each copy of the license issued by the Clerk shall be conspicuously marked "Detection Dog," "Guide Dog," "Hearing Dog," "Police Work Dog," "Service Dog," "Therapy Dog," "War Dog" or "Working Search Dog."
Term of license and renewal. Each dog license issued shall be valid for a period of one year and shall not be transferable. A license shall be renewed at least 30 days prior to its expiration upon a form to be furnished by the Clerk with such other information as the Clerk may deem necessary.
Transferability. No dog license shall be transferable. Upon the transfer of ownership of any dog, the new dog 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.
License required to adopt. No dog which is lawfully in the Town's custody and possession or which becomes the legal property of the Town may be adopted without first obtaining a license from the Clerk and paying the fee set forth in § 75-5 hereinbelow.
Rabies vaccination. The Clerk, at the time of issuing any license pursuant to this article, shall require the applicant to present a statement certified by a licensed veterinarian showing that the dog or dogs have been vaccinated to prevent rabies or, in lieu thereof, a statement certified by a licensed veterinarian stating that, because of age or other reason, the life of the dog or dogs would be endangered by the administration of vaccine. The Clerk shall make or cause to be made from such statement a record of such information and file such record with a copy of the license.
On the effective date of this article, the owner of any dog then four months of age or older shall immediately make application for a dog license. After such an effective date, the owner of any dog reaching the age of four months shall thereafter make application. No license shall be required for any dog which is under the age of four months and which is not at large. A license shall be renewed on an annual basis prior to the expiration date and in no event shall any license be valid for a period other than one year.
Application for a dog license shall be made to the Town Clerk of the Town of Mount Hope and shall be accompanied by an annual fee for each dog license. The annual fee shall be set by resolution of the Town Board from time to time.
[Amended 2-16-2016 by L.L. No. 2-2016]
There will be an additional fee of $5 for a dog license from any person whose dog was identified as "unlicensed" during an enumeration.
[Added 12-7-2015 by L.L. No. 3-2015]
Each dog licensed by the Town shall be assigned, at the time the dog is licensed for the first time, a permanent official identification number. Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar or harness on the dog at all times.
The official 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.
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no charge. Replacement of identification tags shall be obtained by the owner at his expense.
No tag carrying an official identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.
The identification tag shall be imprinted with the following: "Town of Mount Hope," "State of New York," a unique identification number and the telephone number of the Clerk's office.
A dog participating in a dog show shall be exempt from the identification requirement contained in this article during such participation.
In the event of a change in ownership of any dog which has been assigned an official identification number or 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 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 Clerk.
In the case of a dog's death, the owner of record shall so notify the Clerk either prior to the renewal of license or upon the time of such renewal.
Any person in control of an at-large dog shall remove all fecal matter left by such dog off the premises of the owner and off of all Town property, including streets, sidewalks, parklands and other property. Such fecal matter shall be disposed of in a suitable manner in compliance with the Sanitary Code and other applicable laws, rules and regulations.
No person owning or having in his possession a dog which has vicious propensities shall allow such dog to go at large at any time within the Town. The owner of the premises on which such a dog is kept, maintained or housed shall cause to be posted, at each entrance to the premises, a legible and conspicuous notice as follows: WARNING: DANGEROUS DOG. All persons in custody or control of such dog shall securely restrain such dog, including by the use of a leash, muzzle, harness, collar and all other means necessary, whenever such dog is present on any sidewalk, street, park or other public place in the Town.
Seizure and impoundment. Any dog found running loose or at large in the Town shall be subject to seizure by any police officer, animal control officer, Code Enforcement Officer or other employee of the Town designated by the Town Board and/or the Chief of Police for the purpose of seizing and impounding such dogs.
Redemption. After any such seizure and impounding, the owner of such animal, if known, must be notified thereof. Such notice may be given in person, by telephone, mail, facsimile or other physical or electronic means, or by publication or posting of notice or other method which the Town deems reasonably practicable. The owner of any dog impounded may redeem such dog within five business days, excluding the day the dog is impounded, or within seven business days if notice is given by mail, provided that the owner produces proof that the dog is licensed and identified and pays a redemption fee in a sum set by resolution of the Town Board from time to time. In addition, such owner shall pay any and all costs and expenses incurred by the Town for the care and feeding of any animal for which the owner is responsible to the Town, including but not limited to the costs of shelter, boarding, food, veterinary services, medications, treatment, confinement, spaying, neutering, transportation and other costs related thereto. If said dog is not claimed or redeemed by its lawful owner as aforesaid, then said dog may be, in the discretion of the Town, adopted by or delivered to any responsible or proper person upon payment of the aforesaid fees, including the adoption fee and the reimbursement to the Town of its costs as the Town may in its discretion determine, and upon production of a license, if required, for said dog.
[Amended 12-7-2015 by L.L. No. 3-2015; 2-16-2016 by L.L. No. 2-2016]
Failure to redeem. If any dog so impounded is not redeemed as provided in this article, the Police Department, animal control officer, Code Enforcement Officer or any person designated for such purpose by the Town Board or Chief of Police may destroy such dog, in keeping with all laws, rules and regulations applicable thereto.
Any dog or cat which is lawfully in the Town's custody and possession or which becomes the legal property of the Town may be adopted by any suitable qualified person according to law. No person may adopt a dog from the Town without first paying the fee set forth in § 75-5 hereinabove and obtaining a license for such dog in accordance with § 75-4 hereinabove. Before such dog or cat is adopted, it shall be spayed or neutered. The payment of all costs thereof, and of the costs referenced in § 75-10 hereinabove, shall be the obligation of the person adopting such animal. This obligation may be reduced or waived by the Town Board as may be necessary or appropriate in any given case.
[Amended 12-7-2015 by L.L. No. 3-2015]
Any animal control officer, Code Enforcement Officer or police officer of the Town of Mount Hope may enforce the provisions of this article and may also investigate and report to the Town Court any dangerous dog as described in § 123 of the Agriculture and Markets Law and may carry out the order or orders of the Town Justice in those cases provided for in Article 7 of the Agriculture and Markets Law and may enforce and carry out the duties outlined generally in Article 7 of said Agriculture and Markets Law and of any provision of this article.
No person shall tie, fence or otherwise confine any dog out of doors unless such dog's owner or a person of suitable age and responsibility who is capable of controlling the dog and who has agreed to control the dog is present on the premises during the entire time said dog is thus tied, fenced or confined.
Section 118 of the Agriculture and Markets Law establishes violations, penalties and procedures pertaining, among other things, to the licensing and identification of dogs and the furnishing of information on forms and notifications to municipalities. The provisions below are in supplementation and not in substitution to § 118 of the Agriculture and Markets Law.
It shall be a violation, punishable as provided in Subsection B of this section for:
It shall be a violation of this article for any owner of any dog to permit or allow such dog to:
Run at large, unless said dog is restrained by an adequate collar and leash and is accompanied by its owner or by a person of suitable age and responsibility capable of controlling the dog.
Engage in habitual loud barking or howling or to conduct itself in such a manner so as to produce an unreasonable noise or noise of a type or volume that a reasonable person under the circumstances would find offensive and/or which creates or causes a public nuisance.
Cause damage or destruction to property of a person other than the owner of such dog.
Chase or otherwise harass any person in such a manner intimidating or to put such person in reasonable apprehension of bodily harm or injury.
Habitually chase or bark at motor vehicles.
Run at large, if a female dog when in heat. Female dogs, when in heat, shall be confined to the premises of such person during such period.
It shall be a violation of this article for any owner of any dog to permit the premises, structures or enclosures in which such dog is kept to be unclean or unsanitary.
It shall be a violation of this article for any owner of any dog to allow said dog to menace, attack, bite, injure or put in fear thereof any person.
It shall be a violation of this article for any owner of any dog to fail to provide sufficient food, water or care for such dog so as to harm, injure or endanger the health of such dog.
Any person who shall violate any of the provisions of this article or fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided herein.
The imposition of any penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within 24 hours of the issuance of such citation or accusatory instrument to the violator. Each day that prohibited conditions exist shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced correction and/or removal of prohibited conditions by the Town in the event the violator shall fail to correct or remedy such condition(s) within 24 hours. The Town shall have the right to recover from the owner, proprietor or other person(s) responsible for any animals or premises the cost to the Town of correcting or removing such conditions. In the event the person(s) responsible fail to reimburse the Town for its costs, the Town may re-levy such costs as a tax upon the real property where such conditions existed and may thereafter enforce the collection of same as provided by law for the collection of taxes.
Any person who violates this article or knowingly permits the violation of this article or any of the provisions herein shall be deemed to have committed an offense against this article, and any person convicted of such violation after investigation and hearing shall be liable to a penalty set by resolution of the Town Board from time to time.
[Amended 2-16-2016 by L.L. No. 2-2016]