[Adopted 7-18-1983 (Ch.
55 of the 1989 Code); amended in its entirety 11-16-2015 by L.L. No. 9-2015]
This article shall be known and may be cited as the "Dog Licensing
and Control Law of the Town of Lysander, New York."
The purpose of this article is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of persons, property, domestic animals
and deer from dog attack and damage, and to preserve the public health,
safety and welfare by enforcing regulations and restrictions on the
activities of dogs that are consistent with the rights and privileges
of citizens of the Town.
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law, as amended by Part T of Chapter
59 of the Laws of 2010, and the Municipal Home Rule Law of the State of New York, and as may be subsequently amended and supplemented.
This article shall apply to any dogs, whether or not tagged
or licensed, harbored in the Town of Lysander.
All words, terms or phrases used herein shall have the meanings
indicated below or as defined in the Agriculture and Markets Law.
If no specific definition is set forth, all words shall have their
usual and customary meaning in the English language. Words used in
the present tense include the future and the plural includes the singular.
The word "shall" is intended to be mandatory.
CLERK
The Town Clerk, or Deputy Town Clerk, of the Town of Lysander
or his or her agent.
DOG
Any member of the species Canis familiaris.
DOG CONTROL OFFICER
Any individual or incorporated humane society or other municipality
appointed by the Town Board to enforce the provisions of this article.
HARBOR
To provide food or shelter to any dog.
IDENTIFICATION TAG
A tag issued by the Lysander Town Clerk that sets forth an
identification number, as required by the provisions of this article.
IDENTIFIED DOG
A dog carrying an identification tag imprinted with the Town
of Lysander.
OWNER
Any person, alone or jointly, who harbors or keeps any dog.
PERSON
Any individual or corporation, partnership, company, association,
other organized group of persons or other legal entity.
RUN AT LARGE
To be off the premises owned or leased by the owner and not
restrained by an adequate leash, cord, chain, rope or other restraining
device of reasonable length. No dog shall be deemed to be "running
at large," unless the dog is:
A.
A guide dog actually leading a visually impaired or other disabled
person.
B.
A police dog in use for police work.
C.
Accompanied by its owner or other responsible person and under
such person's full and immediate control by voice command.
TOWN
The Town of Lysander, including incorporated areas.
In accordance with the provisions of § 112 of the
Agriculture and Markets Law:
A. In the event of a change in ownership of any dog that has been assigned
an identification number or in the address of the owner of record
of any such dog, the owner of record shall, within 10 days of such
change, notify the Lysander Town Clerk.
B. If any dog that has been assigned a municipal identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Lysander Town Clerk.
C. In the case of a dog's death, the owner of record shall so notify
the Lysander Town Clerk, either prior to renewal of license or upon
the time of such renewal.
In accordance with § 117 of the Agriculture and Markets
Law:
A. The Dog Control Officer shall seize:
(1) Any dog which is not licensed, whether on or off the owner's premises.
(2) Any licensed dog which is not in the control of its owner or custodian
or not on the premises of the dog's owner or custodian, if there is
probable cause to believe the dog is dangerous.
(3) Any dog which poses an immediate threat to the public safety.
(4) Any dog in violation of any of the provisions of §
98-10 of this article which is off the owner's premises.
B. The Dog Control Officer, when acting pursuant to his or her special
duties, shall make and maintain a complete record of any seizure and
subsequent disposition of any dog. Such record shall include, but
not be limited to, a description of the dog, the date and hour of
seizure, the municipal identification number of the such dog (if any),
the location where seized, the reason for the seizure and the owner's
name and address, if known.
C. Promptly upon seizure of any identified dog, the owner shall be notified
of such seizure and informed that the dog may be redeemed by the owner
upon payment of the impoundment fee as set by resolution of the Town
Board. If prompt notification to the owner cannot be made the dog
will be transported to the CNY SPCA and may be redeemed by obtaining
a release from the Town Clerk and Dog Control Officer after impoundment
fees are collected and the dog is properly licensed in the Town of
Lysander. Each dog seized in accordance with the provisions of this
article shall be transported to the SPCA in accordance with the Town's
Contract with said SPCA.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D. Each dog which is not identified shall be transported without delay
to the CNY SPCA for further disposition and kenneling by that agency.
E. The seizure of any dog shall not relieve any person from any violation provided for by §
98-10 of this article.
It shall be a violation, punishable as provided in §
98-11 of this article for:
A. Any owner who fails to license any dog.
B. Any owner that fails to have any dog identified by this article.
C. Any owner or person to knowingly affix to any dog any false or improper
identification or special identification tag for identifying a guide,
service, or hearing dog.
D. Any owner to permit or allow any dog to run-at-large.
E. To allow or permit any dog to engage in habitual and continuous loud
howling, barking, crying, or whining, so as to unreasonably annoy
other persons.
A violation of this article shall be punishable upon conviction
by a fine of not less than $25, nor any more than $250, for each subsequent
conviction.
In addition to any other powers prescribed by statute or the
laws of the Town of Lysander, the Dog Control Officer and any peace
officer authorized to act as such within the Town of Lysander may
issue an appearance ticket pursuant to the New York Criminal Procedure
Law or, in lieu thereof, a uniform appearance ticket or, in lieu thereof,
a uniform appearance ticket and simplified information, for any violation
of this article, or of Article 7 of the New York Agriculture and Markets
Law.