[HISTORY: Adopted by the Town Board of the Town of Mendon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Definitions — See Ch. 5.
Penalties and enforcement — See Ch. 9.
Noise — See Ch. 184.
[Adopted 9-24-1979 by L.L. No. 4-1979; amended in its entirety 4-13-1998 by L.L. No. 6-1998 (Ch. 59, Art. I, of the 1994 Code)]
The Town Board of the Town of Mendon, by enacting the following article, seeks to preserve the relationship between a dog, the dog's owner and the public and at the same time protect the health, safety and property of others from annoyance and damage caused by dogs running at large or otherwise in violation of this article.
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law of the State of New York.
The title of this article shall be the "Dog Control Law of the Town of Mendon."
As used in this article, the following terms shall have the meanings indicated:
AT LARGE
An unleashed dog off the premises of its owner.
DOG
Includes the plural "dogs" and both male and female, unless the context indicates otherwise.
DOG CONTROL OFFICER (DCO)
The person or persons authorized by the Town Board to enforce the provisions of this article.
HARBOR
To provide food or shelter to any dog.
IMPOUND FACILITY
A municipal impound facility or incorporated humane society.
LEASHED or RESTRAINED BY A LEASH
The dog is equipped with a collar or harness, to which is attached a leash of not more than eight feet in length, both collar or harness and leash of sufficient strength to restrain the dog and which leash is held by a person having the ability to control and restrain the dog by means of the collar or harness and the leash.
OWNER
Any person who is a licensed owner of a dog and/or any person who owns, keeps, feeds, harbors or has the care, custody or control of a dog. The owner need not be a resident of the Town of Mendon; but for a violation to occur, the dog must be within the Town limits of the Town of Mendon. Dogs owned by minors shall be deemed to be in the custody and control of the minor's parents or other head of the household where the minor resides.
[Amended 5-10-1999 by L.L. No. 3-1999]
It shall be unlawful for any owner or any person harboring any dog to permit or allow such dog, while in the Town of Mendon, to:
A. 
Be on private property without the consent of the owner of said property.
B. 
Be unleashed, off the premises of the owner.
C. 
Chase or run alongside motor vehicles or bicycles.
D. 
Chase children, deer or other animals.
E. 
Run at large with a pack of other dogs.
F. 
Engage in habitual loud howling or barking or conduct itself in such manner so as to habitually and unreasonably annoy any person other than the owner or person harboring such dog. Howling or barking for more than 15 minutes straight or for more than 15 minutes in any continuous sixty-minute period shall constitute "habitual loud howling or barking."
G. 
Cause damage or destruction to property or commit a nuisance by defecating or urinating upon the premises of a person other than the owner or person harboring such dog.
H. 
Bite, chase or otherwise harass any person in such a manner as to cause intimidation, or put such person in apprehension of bodily harm or injury whereby such dog may be considered to be a dangerous dog.
I. 
Enter any public buildings. (Dogs assisting the sight- or hearing-impaired or physically challenged shall be exempt from this restriction.)
J. 
Violate other restrictions as set down in Article 7 of the Agriculture and Markets Law of the State of New York.
A. 
A Dog Control Officer (DCO) shall be appointed annually by the Town Board of the Town of Mendon as authorized and required by the Agriculture and Markets Law of the State of New York. If deemed necessary by the Town Board, a Deputy Dog Control Officer may be appointed to assist the DCO.
B. 
This article shall be enforced by the Dog Control Officer of the Town of Mendon or by such other law enforcement officers as are empowered to otherwise act in the Town of Mendon.
A. 
Any dog which violates § 105-5, or which does not have a license, may be impounded and taken to an impound facility designated by the Town Board and shall there be properly fed and cared for at the expense of the Town until disposition thereof shall have been made in accordance with the provisions of this article and the Agriculture and Markets Law of the State of New York.
B. 
In the event that a dog impounded bears a license tag, the person impounding the dog shall give the owner prompt notice stating that the dog has been impounded, indicating when, where and why the dog was impounded and stating that the dog will be made available for adoption or euthanized unless redeemed or unless a trial is duly demanded within seven days of notification by personal service or within nine days after notification has been sent by certified mail.
C. 
In the event that a dog impounded does not bear a current license tag and the owner is unknown or cannot be readily identified, the impound facility shall be authorized to make available for adoption or euthanize such dog within five days after its impoundment, unless the owner of the dog redeems such dog or demands a trial prior to the expiration of said five days.
In order to obtain an authorization for release form for a dog that has been impounded, the owner shall pay the Town Clerk of the Town of Mendon such fees as are provided by the Agriculture and Markets Law of the State of New York, and/or such other fees or charges as may be established by resolution of the Town Board. Said owner must also show proof that the dog is currently licensed or purchase same.
A. 
If an impounded dog is not redeemed or a trial is not demanded within the time hereinbefore set forth, the owner shall forfeit title to the dog, and it may thereafter be made available for adoption or euthanized through the Town's impound facility.
B. 
In the event that it becomes necessary to make available for adoption or euthanize a dog, the Town's impound facility shall make the necessary arrangements and submit a report to the Town Clerk of such disposition.
C. 
The Town Clerk shall keep records of all dog impounds and the subsequent disposition thereof according to the State Department of Agriculture and Markets and keep them according to State Archives and Records Administration guidelines for records retention.
D. 
The owner or harborer of any such dog disposed of, either through adoption or euthanasia, under the provisions of this article shall not be entitled to any compensation for such dog, and no action shall be maintainable thereafter to recover the value of the dog.
A. 
A person impacted by a dog in violation of § 105-5 of this article may file a signed complaint, under oath, with the Town Clerk of the Town of Mendon, and such complaint shall be referred by the Town Clerk to the Town Civil Officer, specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and name, if known, and the name of the owner or person harboring said dog.
B. 
Upon receipt by the Town Civil Officer of any accusatory instrument concerning violations of § 105-5, in writing, against the conduct of any particular dog, he shall serve the owner or harborer of said dog with a summons to appear in the Town of Mendon Justice Court. If the summons is disregarded, the Town Justice may permit the filing of an information and issue a warrant for the arrest of such person.
C. 
In the event that the owner of a dog charged with a violation of § 105-5 of this article appears in Town Justice Court, a properly executed information shall be promptly filed by the Town Clerk with the Justice Court, so that the matter can be heard as expeditiously as possible.
A. 
A violation of this article shall be deemed an offense, and a person convicted of violation shall be subject to penalties as established by resolution of the Town Board.
B. 
The Justice Court may also direct the owner to relinquish ownership of the dog to the Town for disposition through its impound facility.
C. 
In addition, a dog declared by a Town Justice to be a dangerous dog may be ordered securely confined or euthanized.[1]
[1]
Editor's Note: Original § 59-12 of the 1994 Code, establishing fees for dog licenses, which immediately followed this section, was repealed 10-15-2018 by L.L. No. 3-2018. See now Art. II of this chapter.
[Adopted 2-28-2011 by L.L. No. 1-2011]
The title of this article shall be the "Dog Licensing Law of the Town of Mendon, County of Monroe."
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 Mendon, County of Monroe hereby finds and declares that the purpose of this article is to provide for the licensing and identification of dogs.
A. 
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.
B. 
As used in this article, the following terms shall have the meanings indicated:[1]
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, as amended by this article, 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 article.
RESIDENT
An individual who maintains a residence within the Town of Mendon, County of Monroe, 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.
[1]
Editor's Note: This subsection was amended 10-15-2018 by L.L. No. 3-2018 to repeal the definitions of "person" and "Town." See now Ch. 5, Definitions and Word Usage.
A. 
No person shall own or possess a dog within the Town unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law and laws of the Town.
B. 
All dogs within the Town that are four months of age or older, unless otherwise exempted, shall be licensed. No license shall be required for any dog which is under the age of four months and which is not at large.
C. 
The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk of the Town 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.
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 or city 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.
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 11th month following the expiration date of the current rabies certificate for the dog being licensed.
[Amended 10-15-2018 by L.L. No. 3-2018]
A. 
Individual dog license fees shall be set from time to time by Town Board resolution.
B. 
State-mandated animal population control surcharge.
(1) 
Each individual dog license for a spayed or neutered dog shall be subject to an animal population control surcharge in an amount set from time to time by Town Board resolution, payable at the time the dog license application is filed.
(2) 
Each individual dog license for an unspayed or unneutered dog shall be subject to an animal population control surcharge in an amount set from time to time by Town Board resolution, payable at the time the dog license application is filed.
C. 
Dog enumeration surcharge. Each dog found to be unlicensed during a Town dog enumeration shall be subject to a dog enumeration surcharge in an amount set from time to time by Town Board resolution, payable at the time the application is filed to license said dog.
D. 
Optional replacement tag fee. A replacement tag fee as set from time to time by Town Board resolution shall be charged to offset the costs associated with the provision and replacement of identification tags.
E. 
Optional fee exemptions.
(1) 
There shall be no fee for any license issued for the following (as defined in Article 7 of the State Agriculture and Markets Law):
(a) 
Guide dog.
(b) 
Hearing dog.
(c) 
Service dog.
(d) 
War dog.
(e) 
Working search dog.
(f) 
Detection dog.
(g) 
Police work dog.
(h) 
Therapy dog.
(2) 
Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog," as may be appropriate, by the Clerk.
A. 
Upon validation by the Town Clerk of the Town, 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.
B. 
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.
C. 
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. The original issued identification tag shall remain the same for the life of the 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) 
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 Town Clerk.
(4) 
In the case of a dog's death, the owner of record shall so notify the Town Clerk either prior to renewal of the license or upon the time of such renewal.
D. 
Identification 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) 
An identification tag is not required to be worn while the dog is participating in a dog show.
(3) 
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.
(4) 
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.
(5) 
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no additional charge. Any replacement tag shall be obtained by the owner at the owner's expense. Any person wishing to replace a tag previously issued shall pay to the Town Clerk for a replacement tag the sum set from time to time by Town Board resolution.
[Amended 10-15-2018 by L.L. No. 3-2018]
A. 
The owner of one or more purebred dogs registered by a recognized registry association as defined in Agriculture and Markets Law § 108 may annually make an application for a purebred license, in lieu of or in addition to the individual licenses required by this article. A purebred license shall be valid for a period of one year, beginning with the first day of the month following the date of issuance, and shall be renewable annually thereafter prior to the expiration date.
B. 
The purebred dog license application shall state the name, address and telephone number of the owner; the county and town where such dogs are harbored; the sex, breed, registry name and number of each purebred registered dog over the age of four months which is harbored on the premises; and the sex and breed of each purebred dog over the age of four months which is harbored on the premises and which is eligible for registration. The application shall also include a statement by the owner that all purebred dogs over the age of four months which are harbored on the premises have been listed.
C. 
The application shall be accompanied by the license fee prescribed by this article and a certificate of rabies vaccination or statement in lieu thereof, as required by this article and article 7 of the State Agriculture and Markets Law.
D. 
Upon receipt of the foregoing items, the Clerk shall assign a license number, which shall be reserved for the sole use of the named owner, and shall issue a purebred license. Once a purebred license has been issued, no refund therefor shall be made.
E. 
The Town Clerk shall:
(1) 
Provide a copy of the purebred license to the owner;
(2) 
Retain a record of the purebred license in the office of the Town Clerk.
F. 
No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of Subsection A of this section, except when the new owner holds a valid purebred license.
G. 
Fees for purebred licenses shall be set from time to time by Town Board resolution. Each purebred dog license shall be subject to an animal population control surcharge in an amount set from time to time by Town Board resolution, payable at the time the dog license application is filed.
[Amended 10-15-2018 by L.L. No. 3-2018]
Any person convicted of a violation of this article shall be liable for a civil penalty of $25 for a first violation; $50 for a second violation; and $75 for each subsequent violation.