[HISTORY: Adopted by the Town Board of the Town of LaFayette 12-13-2010 by L.L. No. 3-2010. Amendments noted where applicable.]
[Amended 10-10-2023 by L.L. No. 4-2023]
The purpose of this chapter is to protect the health, safety
and well-being of persons and property within the Town of LaFayette
through the licensing and identification of dogs, and by imposing
restrictions and regulations upon the keeping of dogs and cats. The
Town of LaFayette, New York, finds that the uncontrolled behavior
of dogs and cats has caused physical harm to persons, damaged property,
and created nuisances within the Town.
This chapter is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law of the State of New York.
[Amended 10-10-2023 by L.L. No. 4-2023]
The title of this chapter shall be "Dog and Cat Control."
As used in this chapter, the following terms shall have the
meanings indicated:
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog seized or surrendered
in the Town of LaFayette.
To stand, run, walk or otherwise roam without restriction
or restraint by a leash, rope, cord or chain not longer than 12 feet
in length affixed to an immovable object, or held by a person of sufficient
size, strength and ability to effectively restrain the dog and restrict
such movements as to be in control of said dog. No dog shall be deemed
to be at large if it is:
Any member of the species Felis catus.
[Added 10-10-2023 by L.L. No. 4-2023]
Any member of the species Canis familiaris.
Any individual appointed by the Town of LaFayette to assist
in the enforcement of this chapter and Article 7 of the New York State
Agriculture and Markets Law or any authorized officer, agent or employee
of the Society for the Prevention of Cruelty to Animals (SPCA), an
incorporated humane society or similar incorporated dog protective
association under contract with the Town of LaFayette to assist in
the enforcement of this chapter.
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 with the state during the period
such dog is being trained or bred for such purpose.
To provide food, water, or shelter to any dog or cat.
[Amended 10-10-2023 by L.L. No. 4-2023]
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 during the period such dog
is being trained or bred for such purpose.
A tag which sets forth an official identification number,
as required by the provisions of this chapter.
Any dog carrying an identification tag, as provided in Article
7 of the Agriculture and Markets Law.
A series or combination of letters, numbers or symbols approved
and furnished by the Town of LaFayette.
Any person who keeps, harbors or is in lawful custody of
any dog.
The person in whose name any dog was last licensed pursuant
to this chapter and/or Article 7 of the Agriculture and Markets Law,
except that if any license is issued on application of a person under
18 years of age, the owner of record shall be deemed to be the parent
or guardian of such person.
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the Executive Law.
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keeps such records as
may be required by the Commissioner of the Department of Agriculture
and Markets.
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.
The Town of LaFayette Town Clerk.
A.
Licensing of dogs.
(1)
The owner of any dog reaching the age of four months shall immediately
make application to the Town Clerk for a dog license pursuant to Article
7 of the Agriculture and Markets Law.
(2)
The application shall state the sex, age, breed, color, official
identification number and identification marks, if any, of the dog
and the name, address and telephone number of the owner.
(3)
The application shall be accompanied by a fee, as set forth in § 137-6 of this chapter, and a certificate of a current rabies vaccination or statement in lieu thereof, as required by Article 7 of the Agriculture and Markets Law. An application for a spayed or neutered dog shall be accompanied by either a certificate, executed by a licensed veterinarian, or an affidavit by the owner, verifying that such dog has been spayed or neutered; a certificate or affidavit shall not be required if the same is already on file with the Town Clerk. In lieu thereof, an owner may submit a statement, certified by a licensed veterinarian, verifying that an examination of the dog reveals that spaying or neutering will endanger the life of the dog. In such a circumstance, the license fee for the dog shall be the same as for a spayed or neutered dog, as set forth in Article 7 of the Agriculture and Markets Law.
(4)
Upon validation by the Town Clerk, the application shall become the
license for the dog described therein. Once an application has been
validated, no refund shall be forthcoming.
(5)
The Town Clerk shall provide a copy of the license to the owner.
If the application or renewal for a dog license is made by mail and
a validated copy is requested, the owner shall provide a stamped,
self-addressed envelope for that purpose.
(6)
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
new license.
(7)
Licenses shall be issued for a period of one year and shall expire
on the last day of the month one year from the date of issue, unless
the owner presents a certificate of rabies vaccination for a duration
longer than a one-year period. In such cases, the owner may elect
to have the license expire on the last day of the month the license
was obtained in the same year as the rabies vaccination expires. Under
no circumstances, however, may a license exceed a three-year period.
Multiple-year licenses shall be charged a fee for each year of the
license term. Renewing early or late does not change the renewal month.
B.
Relocation; dogs adopted from shelters.
(1)
The owner of any dog that is currently licensed in another municipality
must, upon harboring such dog in the Town of LaFayette, obtain a Town
of LaFayette dog license within 30 days.
(2)
Any dog adopted from an animal shelter must be licensed in the Town
of LaFayette prior to being released from such shelter.
C.
Vaccination. The Town Clerk shall require the applicant to present
a statement certified by a licensed veterinarian showing that the
dog has been vaccinated to prevent rabies or, in lieu thereof, a statement
certified by a licensed veterinarian stating that the administration
of vaccine will endanger the life of the dog. The Town Clerk shall
make, or cause to be made from such statement, a record of such information
and shall file such record with a copy of the license.
D.
Purebred licenses.
(1)
In lieu of or in addition to the individual license required by this
chapter, the owner of one or more purebred dogs registered by a recognized
registry association may annually apply to the Town Clerk for a purebred
license. A purebred license shall be valid for a period of one year,
commencing on the first day of the month following the date of issuance,
and shall be renewable annually thereafter prior to the expiration
date.
(2)
The application shall state the sex, age, breed, registry name and
number of each purebred registered dog over the age of four months
which is harbored on the premises, the sex and breed of each purebred
dog over the age of four months which is harbored on the premises
and eligible for registration and the name, address and telephone
number of the owner. The application shall 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.
(3)
The application shall be accompanied by the license fee, as set forth in § 137-6 of this chapter.
(4)
Upon receipt of the foregoing items, the Town Clerk shall assign
a license number, which shall be reserved for the sole use of the
named owner, and shall issue a purebred license, a copy of which shall
be provided to the owner. Purebred license fees shall not be prorated
or waived. No purebred license fee is refundable, or partially refundable,
in the even the dog is lost, stolen, sold, given away, surrendered
or deceased before the expiration of the license.
A.
A fee schedule shall be established by resolution of the Town Board
of the Town of LaFayette and is available in the office of the Town
Clerk. Such fee schedule may thereafter be amended by resolution of
the Town Board. Fees shall be charged and collected prior to the issuance
of a license.
B.
There shall be no fee for any license issued for any guide dog or
hearing dog or service dog. Each copy of any license for such dogs
shall be conspicuously marked "Guide Dog" or "Hearing Dog" or "Service
Dog," as is appropriate, by the Town Clerk.
[Amended 12-8-2020 by L.L. No. 2-2020]
C.
In addition to any other applicable fee, any person applying for
a dog license for a dog identified as unlicensed during an enumeration
conducted pursuant to Article 7 of the Agriculture and Markets Law
shall pay an additional fee of $5. Such additional fee shall be the
property of the Town of LaFayette and shall be used to pay the expenses
incurred by the Town of LaFayette in conducting the enumeration. In
the event the additional fees collected exceed the expenses incurred
by the Town of LaFayette in conducting an enumeration in any year,
such excess fees may be used by the Town of LaFayette for any other
lawful purpose.
D.
In accordance with Article 7 of the Agriculture and Markets Law,
each applicant for a dog license shall pay a surcharge, which shall
be remitted to the State Comptroller for deposit into the animal population
control fund, of $1 if the dog to be licensed is spayed or neutered
or a fee of $3 if the dog sought to be licensed is neither spayed
or neutered.
E.
On or before the fifth day of each month, the Town Clerk shall remit
all license fees to the Town Supervisor.
A.
Each dog licensed pursuant to this chapter shall be assigned, at
the time of first licensing, a permanent official identification number,
which shall be featured on an identification tag affixed to a collar
on the dog at all times.
B.
The official identification number shall constitute the official
identification of the dog to which it is assigned, regardless of changes
in ownership, and the number shall not be reassigned to any other
dog during the lifetime of the dog to which it is assigned.
C.
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no charge. Should an official Town of
LaFayette dog identification tag be lost, a new tag will be issued
at a fee prescribed by the Town Board of the Town of LaFayette.
D.
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number is
assigned.
E.
The size, shape and form of imprints on identification tags shall
be prescribed by resolution of the Town Board of Town of LaFayette.
Any tag bearing an imprint other than that prescribed shall not constitute
valid identification for purposes of this chapter.
F.
Fees received pursuant to this section shall be remitted by the Town
Clerk to the Town Supervisor by the fifth day of each month.
A.
In the event of a change in the ownership of any dog which has been
assigned an official identification number by the Town Clerk, or a
change in the address of the owner of record of any such dog, the
owner of record shall, within 10 days of such change, file with the
Town Clerk a written report of such change. Such owner of record shall
be liable for any violation of this chapter until such filing is made
or until the dog is licensed in the name of the new owner.
B.
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, file with the Town Clerk a written
report of such loss or theft. In the case of a loss or theft, the
owner of record of any such dog shall not be liable for any violation
of this chapter or Article 7 of the Agriculture and Markets Law committed
after such report is filed.
C.
In the case of a dog's death, the owner of record shall so notify the Town Clerk, in writing, either prior to renewal of licensure or upon the time of such renewal as set forth in § 137-5 of this chapter. Failure to so notify the Town Clerk shall constitute a violation and the owner of record shall be held liable.
A.
It shall be unlawful for any owner of any dog to permit or allow
such dog, whether licensed or not, in the Town of LaFayette to:
(1)
Bark, whine or make other noise for a period of at least 15 minutes
within any one-hour period, which barking, whining or other noise
can be heard from a location outside of the owner's premises and would
disturb a reasonable person of normal sensitivities;
(2)
Cause damage or destruction to property, or commit a nuisance by
defecating or urinating upon the premises of a person other than the
owner of such dog;
(3)
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; or
(4)
Habitually chase, run along side of or bark at motor vehicles or
bicycles; or
(5)
Run at large on any property under the ownership or control of the
Town of LaFayette.
B.
All owners of female dogs in heat shall keep such dogs confined in
such manner as to not be in contact with other dogs (except for intentional
breeding purposes) and so as to avoid creation of a nuisance by attracting
other dogs.
C.
The fact that a dog is at large shall be presumptive evidence that
the owner permitted or allowed said dog to run at large in violation
of this chapter.
D.
Conditions
for keeping dogs and cats. All premises occupied or used by dogs and
cats shall be kept in a clean and sanitary condition. Failure to provide
adequate food, water, or space shall subject a dog or cat to seizure
and confinement. "Adequate" shall mean sufficient for age, size, and
number of dogs and cats on the premises. Upon conviction of the owner
or harborer, the dog or cat becomes the property of the Town of LaFayette,
to be released to an authorized humane society, veterinarian, or kennel
for adoption or euthanasia.
[Added 10-10-2023 by L.L. No. 4-2023]
E.
Dog and
cat sanitation. All accumulations of dog and cat feces, excrement,
droppings, manure, dung, or solid waste matter shall be stored in
such places and be removed with such frequency as determined by the
New York State Health Department, Onondaga County Health Department,
and/or Town Dog Control Officer in such manner as to prevent offensive
or noxious conditions/odors.
[Added 10-10-2023 by L.L. No. 4-2023]
This chapter shall be enforced by any Dog Control Officer, peace
officer when acting pursuant to special duties, or police officer
in the employ of or under contract to the Town of LaFayette.
[Amended 10-10-2023 by L.L. No. 4-2023]
Any person who observes a dog or cat in violation of this chapter
may file a complaint under oath 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/harborer of
the dog or cat. Such complaint may serve as the basis for enforcing
the provisions of this chapter.
A.
Any dog found in violation of the provisions of this chapter may
be seized pursuant to Article 7 of the Agriculture and Markets Law.
B.
Every dog seized shall be properly cared for, sheltered, fed and
watered during the redemption period set forth herein.
C.
Dogs seized pursuant to this chapter may be redeemed by producing
proof of licensing and identification and by paying fees as set from
time to time by resolution of the Town Board.
D.
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection C this section, whether or not such owner chooses to redeem his or her dog.
E.
Any dog unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provisions of Article 7 of the Agriculture and Markets Law.
A.
(1)
Any owner to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required by this
chapter;
(3)
Any person to knowingly affix to any dog any false or improper identification
tag or special identification tag;
(4)
Any person to furnish any false or misleading information on any
form required to be filed with the Town pursuant to the provisions
of this chapter or the rules and regulations promulgated thereto;
and
(5)
Any owner of a dog to fail to notify the Town of any change of ownership
or address as required by this chapter.
(6)
Any
owner or harborer of cats or dogs to fail to maintain their premises
in a clean and sanitary condition.
[Added 10-10-2023 by L.L. No. 4-2023]
(7)
Any
owner or harborer of cats or dogs to fail to prevent offensive or
noxious conditions/odors.
[Added 10-10-2023 by L.L. No. 4-2023]
B.
The Town of LaFayette may elect to either prosecute any person who has committed any violation of §§ 137-5, 137-6, 137-7 and 137-8 of this chapter as a violation under the Penal Law or commence an action to recover a civil penalty. A violation of this chapter shall be punishable, subject to such an election, either:
(1)
Where prosecuted pursuant to the Penal Law and served an appearance
ticket, by a fine of not more than $25, except that:
(a)
Where the person was found to have violated this chapter within
the preceding five years, the fine may not be more than $50; and
(b)
Where the person was found to have committed two or more violations
within the preceding five years, it shall be punishable by a fine
of not more than $100 or imprisonment for not more than 15 days, or
both; or
(2)
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not more than $25, except that:
D.
Each day that failure continues shall constitute a separate violation.
This chapter shall take effect on the first day of January 2011.
