[HISTORY: Adopted by the Town Board of the Town of Verona 11-3-2010 by L.L. No. 1-2010. Amendments noted where applicable.]
The purpose of this article shall be to protect the health,
safety, morals and general welfare of the inhabitants, visitors, and
property of the Town of Verona, from dog-related nuisance, damage,
or injury, through the specifications, establishment, and imposition
of certain restrictions, regulations, responsibilities, and requirements:
This article shall be known as the "Dog Licensing and Control Law of the Town of Verona." This article repeals the so-called "Animals Local Law," codified as Chapter 69 of the Verona Town Code. This article therefore shall replace said Animals Local Law and shall be codified as Chapter 166 of the Town Code.
This law is enacted pursuant to New York State Agriculture and
Markets Law, Article 7, and the Laws of New York of 2010, Chapter
59, Part T.
A.
AT LARGE
(1)
(2)
(3)
(4)
DANGEROUS DOG
DOG
DOG CONTROL OFFICER
OWNER
As used in this article, the following terms shall have the meanings
indicated:
A dog unleashed and off the premises of its owner, except
where:
Prior permission has been granted by the owner of the property
where the dog is present.
The dog is within the direct and immediate supervision and control
of a responsible adult.
The dog is a police work dog in the course of police duties.
The dog is actively engaged in hunting or dog training and therefore
is accompanied by a responsible person pursuing such activity on unposted
land or posted land with prior permission of the owner.
A dog that harasses, chases, molests, bites, exhibits aggression
towards, or constitutes a physical threat or reasonably perceived
threat toward a person or other domestic animal while not on the property
of its owner or guardian.
Any member of the species canis familiaris, regardless of
breed, gender, or licensure status (licensed or unlicensed).
Any individual appointed by a municipality to assist in the
enforcement of this article.
Includes any person who owns, keeps or harbors, or has care,
custody or control of a dog. The dogs owned by minors shall be deemed
to be the custody of and control of a minor's parent(s), legal
guardian(s), or other head(s) of household where the minor resides.
B.
Definitions not contained herein shall be as set forth in the New
York Agriculture and Markets Law § 108, or the General Municipal
Law, where applicable.
All dogs harbored within the Town of Verona, which are over
the age of four months, and which are not residing at a pound or shelter
maintained under contract with the Town, or at a duly licensed and
incorporated humane shelter, dog protective association or SPCA, or
otherwise exempted, must be licensed by the Town of Verona on an annual
basis, licensing fees and surcharges to be set forth herein and amended
as the Town Board sees fit, and a record of such licensure shall be
maintained with the Town Clerk.
A.
Rabies vaccination required. All dogs in the Town of Verona, which
are over the age of four months, must maintain current rabies vaccinations.
A current certificate of rabies vaccination must be presented at the
time of initial licensing and for license renewals. Under no circumstances
will a dog be granted a license without a current rabies vaccination
certificate.
B.
Duration. Dog license shall remain valid for a period of one year,
expiring upon the last day of the month of the license period.
C.
Tag numbers. Tag numbers shall initially consist of eight digits,
beginning with the Oneida County/Verona Town Code (3022) and commencing
with the number 1001.
D.
Tag contents. Each tag shall identify the tag number, Town of: Verona
NY: and a contact phone number for the Town licensing authority.[1]
E.
Service, guide, hearing and detection dogs shall be licensed, but
shall be exempt from any licensing fee upon proof by the owner of
the dog's status as such.
F.
The Town does not allow licensing of dogs by a shelter. The shelter
must send the adoptive dog owners to the Town Clerk of the Town in
which the dog will be harbored for licensing.
G.
Late fees. If a license is not timely renewed, a late fee shall be
assessed for each month following the month in which the license expired
and must be paid along with the requisite licensing fees. Refer to
Fee Schedule for monthly charge.[2]
H.
Applications. Original dog licenses must be purchased in person at
the Verona Town Clerk's office, upon submission of a completed
application, certificate of current rabies vaccination and veterinary
certificate of spay or neuter, if applicable. The Town Clerk will
mail renewal applications to all dog owners one month prior to the
expiration of the license. The renewal may be hand delivered or mailed
to the Town Clerk for processing, enclosing all appropriate fees.
Dog owners are responsible for renewal of dog licenses and failure
to receive a renewal application from the Town will not exempt an
owner from this responsibility.
A.
Violations. It shall be a violation pursuant to Agricultural and
Markets Law § 118 for any owner of any dog in the Town of Verona,
to:
(1)
Permit his or her dog to be unlicensed, bear no identification or
the identification of another dog.
(2)
Provide misleading information to the Town in relation to the requirements
under the Dog Control and Licensing Law.
(3)
Fail to notify the Town of any change in ownership or address of
licensed dog, or to notify that such dog should be missing or stolen,
as provided for in Agriculture and Markets Law § 112.
(5)
Permit such dog to engage in habitual loud barking, howling, crying,
whimpering or whining or such other conduct as to unreasonably and
habitually annoy or disturb the comfort or repose of any person other
than the owner of such dog.
(6)
Permit such dog to cause damage or destruction to any property, including
uprooting, digging or otherwise damaging vegetables, lawns, flowers,
garden beds, or other property of another without the consent or approval
of same,
(7)
Permit such dog to commit a nuisance by defecating or urinating upon
the property of a person other than the owner of the dog.
(8)
Permit such dog to chase, jump upon, or otherwise harass any person
in such a manner as to cause reasonable intimidation or fear of such
dog, or to put a person in a reasonable apprehension of bodily harm
or injury.
(9)
Keep or suffer to be kept a dog which has attacked any person peaceably
conducting himself in any place where such person may lawfully be,
or which has been chased, worried or killed any domestic animal, as
defined in the Agriculture and Markets Law, or any cat or other dog,
while such is in any place where it may lawfully be.
(10)
Permit a dog to habitually chase, run alongside of, bark at
motor vehicles, motorcycles, or bicycles while on a public street,
highway, or place, or upon private property without the consent of
the owner of such property.
(11)
Permit a female dog while in heat to be off the owner's
premises unleashed.
B.
Penalties for offenses.
(1)
A person found guilty of a violation of this section may incur civil
penalty not less than $25 for a first offense, and no less than $50
where a subsequent offence is committed within five years and no less
than $100 where two or more previous offenses have been committed
within the preceding five years.
(2)
A dog found guilty of an attack on deer at any time, which results
in death or crippling of a deer, will result in civil penalty of $100
for the deer, $150 for each additional deer, or as otherwise provided
in Agriculture and Markets Law § 120.
The Town Board shall appoint and maintain a Dog Control Officer
for the Town of Verona to enforce this article. Such Dog Control Officer,
observing a violation of this law in his or her presence shall issue
and serve an appearance ticket for such violation. A record of each
incident shall be kept for a minimum of three years from creation
of such violation.
Every dog seized by the Dog Control Officer shall be transported
to a contracted shelter if not redeemed by its owner within five days,
not including the day of pickup. The shelter must maintain, redeem,
sell, adopt, and/or euthanize all dogs.
This article shall be enforced by the Dog Control Officer appointed
by the Town Board, any peace or police officer, in the employ or acting
under the contract with the Town of Verona. Such enforcing party may
investigate and make applicable reports concerning any instance regarding
the conduct of dogs and shall have authority to issue appearance tickets
and see that resulting orders of the Town Justices of the Town of
Verona are carried out.
Any person who observes a dog in violation of any provision
of this law may file a signed complaint or information with the Dog
Control Officer. The complaint shall specify the objectionable conduct
of the dog(s), the date and location thereof, the substance of the
objectionable conduct and damage or injury resulting thereof, the
name (if known) and a description of the dog and the name and address
of the dog's owner(s) or harborer. In the case of a suspected
dangerous dog, the requirements and provisions of Agriculture and
Markets Law, § 123 shall control.
Any Dog Control Office employed by the Town of Verona shall
issue to the owner of any dog observed in violation of this law, or
reasonably believed to be in violation of this law, an appearance
ticket for such violation.
The Dog Control Officer employed by the Town of Verona may seize any dog which he or she observes in violation of any provision of §166-6, pursuant to Agriculture & Markets Law, Article 7, § 117. Any dog seized shall be fed, watered, and properly cared for. Pursuant to Article 7(10), the seizure of any dog shall not relieve any person from penalty for any violation of this law. No liability in damages or otherwise shall be incurred on account of the seizure, euthanasia or adoption of any dog pursuant to the provisions of this law.
A.
Procedure.
(1)
The owner of any unidentified dog, whether or not licensed, seized
by the Town of Verona shall be entitled to redeem such dog within
five business days from the day following the day the dog is impounded,
upon submission of proof that such dog is duly licensed identified
with a current rabies certificate and ID tags and payment of the requisite
fees set forth herein.
(2)
Upon the seizure of any identified or identifiable dog, the owner
of record of such dog shall promptly be notified in person. The owner
may redeem such dog upon submission of proof that he is duly licensed
and has current rabies certificate and upon payment of the requisite
fees set forth within.
B.
C.
Forfeiture, adoption and euthanasia. An owner shall forfeit title
to any dog unredeemed at the expiration of the appropriate redemption
period, and the dog shall be made available for adoption, euthanized
or transferred to another licensed pound or shelter pursuant to Agriculture
& Markets Law § Section 117(7), (7-a) and 118. The Town of
Verona shall require all dogs adopted pursuant hereto to be spayed
or neutered.
This article shall take effect January 1, 2011, subject to this
law being filed with the Secretary of State.
