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.)
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.
TOWN
Shall designate the area within the corporate limits of the
Town of Marion.
This article shall be enforced by a Dog Control Officer as defined
herein.
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.
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 6-11-2018 by L.L. No. 1-2018; 12-14-2020 by L.L. No. 5-2020]
The Marion Town Clerk's Office shall no longer issue purebred
or kennel licenses. All dogs shall be licensed individually in accordance
with fees established.
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.