[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:
ADOPTION
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.
AT-LARGE
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:
A.
A guide dog actually leading a blind person;
B.
A police work dog performing for law enforcement purposes; or
C.
Accompanied by and under the control of its owner or other responsible
person.
CAT
Any member of the species Felis catus.
[Added 10-10-2023 by L.L. No. 4-2023]
DOG
Any member of the species Canis familiaris.
DOG CONTROL OFFICER
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.
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 with the state during the period
such dog is being trained or bred for such purpose.
HARBOR
To provide food, water, or shelter to any dog or cat.
[Amended 10-10-2023 by L.L. No. 4-2023]
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 during the period such dog
is being trained or bred for such purpose.
IDENTIFICATION TAG
A tag which sets forth an official identification number,
as required by the provisions of this chapter.
IDENTIFIED DOG
Any dog carrying an identification tag, as provided in Article
7 of the Agriculture and Markets Law.
OWNER
Any person who keeps, harbors or is in lawful custody of
any dog.
OWNER OF RECORD
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.
PERSON
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
PERSON WITH A DISABILITY
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the Executive Law.
RECOGNIZED REGISTRY ASSOCIATION
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.
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.
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.
This chapter shall take effect on the first day of January 2011.