[HISTORY: Adopted by the Town Board of the Town of Marion
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-5-1989]
The Town Board of the Town of Marion, Wayne County, New York,
finds that the running at large and other uncontrolled behavior of
licensed and unlicensed dogs have caused physical harm to persons,
damage to property and have created nuisances within the Town. The
purpose of this article is to protect the health, safety and well-being
of persons and property by imposing restrictions on the keeping and
running at large of dogs within the Town.
This article is enacted pursuant to the provisions of § 122
of the Agriculture and Markets Law of the State of New York.
The title of this article shall be "Dog Control Ordinance of
the Town of Marion, New York."
As used in this article, the following words shall have the
following respective meanings.
- 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 amended thereafter.
- CONFINED
- That such animal is securely confined or restrained or kept on the owner's premises either within a building, kennel or other suitable enclosure or securely fastened on a chain, wire, or other effective tether of such length and so arranged that the animal cannot reach or endanger any person on any adjacent premises or on any public street, way or place, or, if the animal is being transported by the owner, that is securely confined in a crate, or other container, or so restrained in a vehicle that it cannot be expected to escape therefrom.
- DOG
- Shall include any dog, male and female, licensed and unlicensed, and of any age unless otherwise indicated herein.
- DOG CONTROL OFFICER
- Any person authorized from time to time to enforce the provisions of this article or the provisions of the Agriculture and Markets Law of the State of New York.
- OWNER
- The party purchasing the license unless the dog is or has been lost, and such loss reported to the Dog Control Officer and reasonable search has been made. If an animal is not licensed, the term "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 found to be in violation of this article. In the event the owner of any dog found to be in violation of this article is a minor, 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" shall include any person who owns, keeps or harbors, or has care of a dog. 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.)[1]
- RECREATIONAL AREAS
- Any real property owned by the Town of Marion which is used for recreational purposes by the public, including, but not limited to, parks and playgrounds.
- RUN AT LARGE
- Any dog that is not on a leash or chain, not to exceed six feet in length, in a public place or is on private lands not owned or leased by the owner of the dog without the knowledge, consent and approval of the owner of such lands.[2]
- TOWN
- Shall designate the area within the corporate limits of the Town of Marion.
A.
It shall be unlawful for any owner of any dog in the Town of Marion
to permit or allow such dog to:
(1)
Run at large unless it is restrained by an adequate leash or unless
it is accompanied by its owner or a responsible person able to control
it by command. For the purpose of this article, a dog or dogs hunting
in company of a hunter or hunters shall be considered as accompanied
by its owner.
(2)
Engage in habitual loud howling, barking, crying or whining or conduct
itself in such manner so as to unreasonably and habitually disturb
the comfort or repose of any person other than the owner of such dog.
(3)
Uproot, dig, or otherwise damage any vegetables, lawns, flowers,
garden beds, or other property not belonging to the owner of such
dog.
(4)
Chase, jump upon or at or otherwise harass any person in such manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury.
(5)
Habitually chase, run alongside of or bark at motor vehicles while
on a public street or highway or upon public or private property other
than property of the owner or harborer of said dog.
(6)
Create a nuisance by defecating, urinating or digging on public property
or private property other than the property of the said owner.
(7)
If a female dog, be off the owner's premises when in heat.
(8)
Not be securely confined to the owner's property between sunset and
one hour after sunrise.
This article shall be enforced by a Dog Control Officer as defined
herein.
A.
Only a dog found running at large in violation of this article, or
of § 117 of the Agriculture and Markets Law, may be seized
by any Dog Control Officer, as defined herein, and such dog shall
be impounded and disposed of in accordance with the provisions of
Article 7 or other applicable provisions of the Agriculture and Markets
Law.[1]
B.
After any such seizure, the record owner of such dog or an adult
member of his family, if the owner is ascertainable from the dog's
license tag, shall be notified personally by serving such owner or
adult with notice in writing stating that the dog has been seized
and may be destroyed unless redeemed.
C.
Redemption; forfeiture; impoundment fees; destruction of dog.
(1)
A dog owner may redeem his dog within seven days upon payment, to
the Town Clerk or Dog Control Officer, cash of $25 redemption fee
plus a fee of $5 per night, whether the dog is licensed or unlicensed,
and the owner can be identified, for the impounding of such dog, plus
the cost of keeping, feeding and caring for the dog while in the custody
of the Dog Control Officer.[2]
(2)
If the owner of any impounded dog cannot be identified, the dog will
be impounded for a maximum of three days. At the expiration of said
three-day period, the owner shall forfeit title to any dog so unredeemed
and the dog shall then be made available for adoption or euthanized
in accordance with the provisions of §§ 117 and 374,
any subsequent amendments thereto, of the Agriculture and Markets
Law.[3]
(3)
If the owner of any unredeemed dog is known, such owner shall be
required to pay the impoundment fees whether or not such owner chooses
to redeem his or her dog.
D.
No action shall be maintained against the Town of Marion, any duly
designated Dog Control Officer, or any other agent or officer of the
Town, 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.
A.
Any person who observes a dog in violation of this article shall
file a signed written complaint with the Dog Control Officer specifying
the nature of the violation, the date thereof, a description of the
dog and the name and residence, if known, of the owner of the dog.
B.
Upon receipt by the Dog Control Officer of any such complaint, he
shall issue a summons to the alleged owner to appear in person in
the Town Court for a hearing, at which time both the complainant and
owner shall have the opportunity to be represented by counsel and
to present evidence. If, after such hearing, the Town Justice decides
that further action is warranted, he may order:
Upon conviction, a violation of this article shall be deemed
an offense and be punishable by a fine not less than $25 nor more
than $50 for the first offense, not less than $50 nor more than $75
for the second offense, and not less than $75 nor more than $100 for
each subsequent offense.
[Adopted 11-8-2010 by L.L. No. 1-2010]
Title. The title of this article shall be "Dog Licensing Law
of the Town of Marion, County of Wayne."
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 Marion, County of Wayne, 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:
- 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.
- PERSON
- A person, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.
- RESIDENT
- (A person) An individual who maintains a residence within the Town of Marion, County of Wayne, 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.
- TOWN
- The Town of Marion, County of Wayne, State of New York.
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.
A.
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 as established and
set forth from time to time on the fee schedule on file with the Town
and payable at the time the dog license application is filed.[3]
C.
Dog enumeration surcharge. Each dog found to be unlicensed during
a Town dog enumeration shall be subject to a dog enumeration surcharge
as established and set forth from time to time on the fee schedule
on file with the Town and payable at the time of the application is
filed to license said dog.[5]
D.
Replacement tag fee. A replacement tag fee as established and set
forth from time to time on the fee schedule on file with the Town
shall be charged to offset the costs associated with the provision
and replacement of identification tags.[6]
E.
Late fee. A late fee for the licensing of dogs in the amount as established
and set forth from time to time on the fee schedule on file with the
Town shall be imposed for dogs licensed over 60 days late.[7]
F.
Redemption fee. A redemption fee of $25 plus a fee of $5 per night
shall be imposed for any dog impounded by the Dog Control Officer.
G.
Refund of fees. The Town will not refund or prorate dog license fees.
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 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 the sum as established and set forth from time to time on the fee schedule on file with the Town to the Town Clerk for a replacement tag as referenced in § 117-19 above.[1]
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.
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, as established and set forth from time to time on the fee schedule
on file with the Town, for the following:[1]
(1)
If no more than 10 registered purebred dogs or purebred dogs eligible
for registration over the age of four months are harbored on the owner's
premises at the time of the application;
(2)
If no more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of four months are harbored on the owner's
premises at the time of the application;
(3)
If more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of four months are harbored on the owner's
premises at the time of the application;
(4)
Each purebred dog license shall be subject to an animal population
control surcharge in the amount as established and set forth from
time to time on the fee schedule on file with the Town and payable
at the time the dog license application is filed.
Any person convicted of a violation of this article shall be
liable for a civil penalty of $25 for a first violation; of $50 for
a second violation and $75 for each subsequent violation.
The Town of Marion may, by resolution, amend the fees to be
charged and penalties to be imposed under this article.
This article shall be effective January 1, 2011, after filing
with the Secretary of State.
