[Adopted 10-4-1978; amended in its entirety 12-14-2010 by L.L. No. 1-2010]
This Article
I of Chapter
45 is enacted pursuant to the grant of power to municipalities to enact a local law or ordinance regarding the licensing and identification of dogs as provided for in Chapter 59, Part T of 2010, Article 7 of the Agriculture and Markets Law of the State of New York, including, but not limited to, § 106 through and including § 124 thereof.
It is the purpose and intent of this Article
I of Chapter
45 to provide for certain expanded regulations with respect to the licensing and identification of dogs applicable within the Town of Spencer pursuant to and required by Part T of Chapter 59 of the Laws of 2010 as provided for in the New York State Agriculture and Markets Law, and in so doing, to achieve the orderly management of dog licensing and identification and thereby promote the public health, safety and welfare of the community within the Town of Spencer.
As used in this article, the following words shall have the
following respective meanings:
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
Any dog which:
A.
Without justification attacks a person, companion animal, farm
animal, or domestic animal as defined in this section and causes physical
injury or death; or
B.
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
C.
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.
D.
"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.
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 Spencer 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, limited liability company, 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.
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.
TOWN
The area within the corporate limits of the Town of Spencer,
including the Village of Spencer.
UNALTERED
Refers to any dog that is not spayed or neutered.
VILLAGE
The area within the corporate limits of the Village of Spencer.
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, is actually used for such purpose and is registered with
the Department; provided, however, that such services provided by
said dog shall be performed without charge or fee.
Any owner who allows a dog to defecate on any public or private
property, other than the property of the owner, shall immediately
clean up the feces, place it in a plastic container or bag, and deposit
it in a container used for the disposal of refuse.
Any Dog Control Officer or other person or persons who are or
may be lawfully authorized by the Town shall, and any Village of Spencer
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.
Notwithstanding any other provision of law, all moneys collected
as fines or penalties by the Town of Spencer 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 Spencer 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 the spaying or neutering
of dogs, any facility as authorized under Article 7 of New York State
Agriculture and Markets Law, and subsidizing public humane education
programs in responsible dog ownership.
No action shall be maintained against the Town of Spencer, the
Village of Spencer, the Spencer Dog Control Officer, any Village of
Spencer 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.
Except as otherwise expressly provided in this Chapter
45, this article shall supersede all prior local laws, ordinances, resolutions, rules, regulations and other enactments of the Town of Spencer relative to the control, licensing and fee schedules of dogs within the Town, and such prior local laws, ordinances, resolutions, rules, regulations and other enactments of the Town of Spencer shall be, upon the effective date of this article, null and void.
This article shall take effect on the 1st day of January 2011.
[Adopted 6-10-2008 L.L. No. 1-2008]
This Article
II of Chapter
45 of the Code of the Town of Spencer is enacted pursuant to the grant of power to municipalities to enact a local law or ordinance regarding the keeping or running at large of dogs as provided for in Article 7 of the Agriculture and Markets Law of the State of New York, including, but not limited to, § 122 thereof.
It is the purpose and intent of this Article
II of Chapter
45 of the Code of the Town of Spencer to amend such Chapter
45 so as to provide for certain restrictions with respect to unlawful activities of dogs and the care of dogs within the Town of Spencer, and the enforcement and penalties related thereto, and in so doing, to promote the public health, safety and welfare of the community, including the protection and preservation of property, persons, domestic animals and deer within the Town of Spencer.
Except as otherwise provided in this Article
II of Chapter
45 of the Code of the Town of Spencer, the definitions set forth in § 108 of the Agriculture and Markets Law of the State of New York shall be applicable for the purposes hereof.
It shall be unlawful for any owner of any dog to permit or allow
such dog in the Town of Spencer to:
B. Engage in habitual loud howling, barking, crying or whining or conduct
itself in such a manner as to unreasonably and habitually annoy any
person during the day or night;
C. Chase or otherwise harass any person in such a manner as reasonably
to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury;
D. Cause damage to or destruction of property or commit a nuisance by
defecating or urinating upon the premises of a person other than the
owner of such dog;
E. Habitually chase, run alongside of or bark at motor vehicles or bicycles;
F. Whether leashed or unleashed, be in any restaurant, grocery, commercial
establishment which sells food for human consumption, public building
or public beach; provided, however, that this restriction shall not
apply to any guide dog, police work dog, hearing dog, service dog,
working search dog, therapy dog or detection dog, nor shall it apply
to any dogs owned by or under the direct control and/or ownership
of any of the above-described private establishments; and
G. On a fixed leash, be within five feet of any road, sidewalk or right-of-way.
It shall be unlawful for any owner of any dog in the Town of
Spencer:
A. To permit or allow the premises, structures or enclosures in which
such dog is kept to be unclean or unsanitary; and
B. To fail to provide such dog with sufficient good and wholesome food,
water and proper shelter and protection from the weather.
If any dog in violation of this Article
II of Chapter
45 of the Code of the Town of Spencer is owned by a person under the age of 18 years, the head of the household in which such person resides shall be deemed to be the owner or person harboring such dog and shall be responsible hereunder for the acts of such dog and any violations of this Article
II.
The fact that a dog is at large in the Town of Spencer elsewhere
than on the premises of the owner or person harboring such dog shall
be presumptive evidence that such dog has been permitted to be at
large with the knowledge of the owner or person harboring such dog.