[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]
A.
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.
B.
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.
A.
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.
B.
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:
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.
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.
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.
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.
[1]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.
Any person with a "disability" as that term is defined in
Subdivision 21 of § 292 of the New York State Executive
Law.
[2]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.
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.
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.
Any dog which has been honorably discharged from the United
States Armed Services.
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.
A.
License required.
(1)
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.
(2)
Exemptions.
(a)
No license shall be required for any dog under the age of four
months that is not at large.
(b)
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.
B.
Application. Applications for a dog license shall be made to the
Clerk.
(1)
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.
(2)
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.
(3)
The application shall be accompanied by a nonrefundable license fee as set forth in § 75-5 hereinbelow.
(4)
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.
C.
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.
(1)
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."[1]
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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]
C.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
A dog participating in a dog show shall be exempt from the identification
requirement contained in this article during such participation.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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]
C.
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.
A.
Violations enumerated.
(1)
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.
(3)
It shall be a violation of this article for any owner of any dog
to permit or allow such dog to:
(a)
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.
(b)
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.
(c)
Cause damage or destruction to property of a person other than
the owner of such dog.
(d)
Chase or otherwise harass any person in such a manner intimidating
or to put such person in reasonable apprehension of bodily harm or
injury.
(e)
Habitually chase or bark at motor vehicles.
(f)
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.
(4)
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.
(5)
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.
(6)
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.
B.
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.
C.
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.
D.
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.
E.
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]
