[Adopted 1-18-2011 by L.L. No. 1-2011; amended in its entirety 12-15-2015 by L.L. No. 2-2015]
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York.
The title of this article shall be the "Dog Control Law of the
Town of Urbana."
[Amended 9-20-2016 by L.L. No. 4-2016]
Used in this article, the following words shall have the following
respective meanings:
CRIME
A misdemeanor or a felony.
DOG
Male and female, licensed and unlicensed, members of the
species Canis Familiaris.
DOG CONTROL OFFICER (DCO)
Person appointed by the Town of Urbana for the purpose of
enforcing Article 7 of the NYS Agriculture and Markets Law and this
article upon adoption.
MISDEMEANOR
An offense, other than a traffic infraction, for which a
sentence to a term of imprisonment in excess of 15 days may be imposed,
but for which a sentence to a term of imprisonment in excess of one
year cannot be imposed.
OWNER
The person entitled to claim lawful custody and possession
of a dog and who is responsible for purchasing the license for such
dog, unless the dog is or has been lost and such loss was promptly
reported to the Dog Control Officer and a reasonable search has been
made. If a dog is not licensed, the term "owner" shall designate and
cover any person or persons, association, corporation who or which,
at any time, owns or has custody or control of, harbors, or is otherwise
responsible for any dog 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 in and deemed to be the "owner" of such dog
for the purpose of this article.
A.
In the event that the owner of any dog found to be in violation
of this article shall be under 18 years of age, 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 the article.
VIOLATION
An offense, other than a traffic infraction, for which a
sentence to a term of imprisonment in excess of 15 days cannot be
imposed.
It shall be unlawful for any owner of any dog in the town to
permit or allow such dog to:
A. Run at large unless the dog is accompanied by its owner or a responsible
person and under the full physical control of such person. For the
purpose of this article, a dog or dogs hunting in the company of a
hunter or hunters shall be considered as accompanied by its owner.
B. Engage in habitual loud howling, barking, crying, whining, or conducting
itself in such a manner so as to cause stress to the animal and unreasonably
and habitually disturb the comfort of any resident.
C. Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or other property without the consent or approval of the owner.
D. Chase, jump on or at, or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such a person
in reasonable apprehension of bodily harm or bodily injury.
E. Habitually chase, run alongside of, or bark at motor vehicles, motorcycles,
or bicycles while on a public street, highway, or upon private property
without the consent or approval of the owner of such property.
F. Create a nuisance by defecating, urinating, or digging on public
property or on private property without the consent of the owner of
such property.
G. Limit the chaining and kenneling to no more than 12 hours per day.
Any dog currently used as a hunting dog is exempt from this limitation.
This code also requires any tether be at least 15 feet long attached
in a way to prevent injury, strangulation or entanglement with other
objects. No dogs will be tethered with any choke or prong collar.
H. Residents will be advised that the Town of Urbana will take action
regarding dogs left out in extreme weather. For more details see Article
26, § 535-b of the NYS Agriculture and Markets Cruelty Law,
Appropriate shelter for dogs left outdoors.
No person shall hinder, harass, resist or oppose the Dog Control
Officer, peace officer or other person(s) authorized to administer
or enforce the provisions of this article in the performance of the
person's duties under the article.
[Adopted 12-20-2016 by L.L. No. 1-2017]
This article shall be known as "a Local Law Regulating and Restraining
the Running at Large of Farm Animals in the Town of Urbana."
As used in this article, the following terms shall have the
meanings indicated:
ENFORCEMENT OFFICER
The Animal Control Officer of the Town of Urbana and sworn
law enforcement officer.
FARM
A tract of land devoted entirely or partially to agricultural
purposes or a tract of land devoted entirely or partially to the raising
of or the harboring of animals or fowl or both.
FARM ANIMALS
Any animal and fowl kept and harbored on a farm, including but not limited to horses, cows, cattle, calves, swine, sheep, goats, donkeys, roosters, chickens, poultry and domestic rabbits, but shall not include cats and dogs kept as household pets. Dogs shall be subject to the provisions of Chapter
47, Article
I, of the Town's Code of Ordinances.
MINOR
A person under the age of 18 years.
OWNER
Any person who keeps, harbors or has custody, care or control
of a farm animal. Farm animals owned by minors shall be deemed to
be in the custody and control of parents or other head of the household
where the minor resides. Any person harboring a farm animal for a
period of one week or more shall be deemed to be the "owner" of the
farm animal for the purpose of enforcing this article.
RUNNING AT LARGE
Running elsewhere than on the premises of the owner and (i)
unrestrained by an adequate restraining device or (ii) unaccompanied
by the owner or by some other reasonable person who is able to control
such farm animal.
An owner of a farm animal, as herein defined, shall keep and
cause to be kept, a farm animal in a totally fenced in enclosure area
and shall maintain adequate and secure fencing for such purpose to
prevent such farm animal from running at large. Such owner shall be
responsible for the erection, maintenance and repair of adequate and
secure areas for such purpose. If, because of its nature, a farm animal
cannot be kept in an enclosed, fenced area, the owner must keep the
farm animal tethered on the owner's property so as to prevent
the farm animal from running at large. Such tethering must be in such
a manner as not to cause cruelty to the farm animal.
Any person or persons committing the offense of allowing a farm
animal to run at large as herein defined, or who fails to comply with
the provisions of this article, shall be guilty of a violation pursuant
to the Penal Law of the State of New York punishable on the first
offense by a fine not exceeding $____ or by imprisonment not exceeding
15 days or by both a fine and imprisonment; for the second and subsequent
offense, by a fine not exceeding $____ or by imprisonment not exceeding
15 days or both a fine and imprisonment. Each day a violation of the
provisions of this article continues shall be deemed separate offense.
The Animal Control Officer of the Town of Urbana and any sworn
law enforcement officer are hereby authorized to enforce the provisions
of this article and to issue such summons or appearance tickets as
may be necessary and proper.
No person shall hinder, resist or oppose the Animal Control
Officer or law enforcement officer authorized to administer or enforce
the provisions of this article in the performance of the officer's
duties under this article.
If any section, paragraph or provision of this article shall
be declared invalid, such invalidity shall apply only to such section,
paragraph or provision and shall not affect the remaining portion
of this article.
This article shall take effect upon adoption and upon the filing
thereof with the Secretary of State.