Town of Marion, NY
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Marion as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 191.
Parks and recreation areas — See Ch. 202.
Public nuisances — See Ch. 207.
Zoning — See Ch. 308.
[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
B. 
Establishment of the fact or facts that the owner of a dog has allowed or permitted such dog to commit any of the acts prohibited by § 117-5 of this article shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine, leash, or control his dog.
This article shall be enforced by a Dog Control Officer as defined herein.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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:
(1) 
The owner to restrain such dog by collar and leash at all times whether on or off the owner's property.
(2) 
The owner to confine such dog to the premises of the owner.
(3) 
Such other remedy authorized by law as may be warranted by the circumstances in such.
C. 
A violation of any order issued by a Town Justice under the provisions of this § 117-8 shall be an offense punishable, upon conviction thereof, as provided in § 117-9 of this article.
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. 
Individual dog license fee.
(1) 
For a spayed or neutered dog: as established and set forth from time to time on the fee schedule on file with the Town.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
For an unspayed or unneutered dog: as established and set forth from time to time on the fee schedule on file with the Town.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
The fee charged to seniors (age 65 and older) shall be the above amounts less $2.50.
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]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Each individual dog license for an unspayed or unneutered 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.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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, 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.