[HISTORY: Adopted by the Town Board of the
Town of Brownville as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-9-1978 as Ch. 3, Art. I, of the 1978 Code (originally
adopted 11-10-1977)]
No person shall allow or permit any horses,
cattle, sheep, fowl or other domestic animals to run at large in the
Town of Brownville at any time.
Each and every offense or violation of this
article shall constitute disorderly conduct and shall be punishable
by a fine and/or imprisonment, as provided for under the New York
Penal Law.
The Town Board may also, and in addition to
the above-prescribed penalty, maintain an action or proceeding in
the name of the town to compel compliance with, or to restrain by
injunction the violation of, this article.
[Adopted 2-1-2017 by L.L. No. 2-2017[1]]
[1]
Editor's Note: This local law also superseded former Art.
II, Dog Licensing and Control, adopted 11-3-2010 by L.L. No. 2-2010.
This article shall be known and may be cited as the "Dog Licensing
and Control Law of the Town of Brownville."
All terms not specifically defined herein shall have the meaning
assigned to such terms within § 108 of Article 7 the Agriculture
and Markets Law of the State of New York. As used in this article,
the following terms shall have the meanings indicated:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, and as may thereafter
be amended from time to time.
As also defined in Article 7, means any dog which, without
justification:
Attacks a person or companion animal and causes physical injury
or death; or
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious injury
or death to a person, companion animal or domestic animal; or
Without justification, attacks a service dog, guide dog or hearing
dog and causes physical injury or death.
Any member of the species canis familiaris.
An individual appointed by the Town to assist in the enforcement
of this article.
A tag issued by the Brownville Town Clerk which sets forth
an identification number, name of the municipality and "State of NY,"
contact information for the Town Clerk and such other information
deemed necessary by the municipality.
Any person who harbors or keeps any dog, is entitled to claim
lawful custody and possession of a dog, who is responsible for purchasing
the license for such dog. 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 deemed to be the owner of such
dog.
The person in whose name a dog was last licensed pursuant
to this article; 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, partnership, corporation, association or
other organized group of persons, business entity, municipality or
other legal entity.
Any individual who maintains a residence within the Town
of Brownville, County of Jefferson, State of New York.
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.
The Town of Brownville, County of Jefferson, State of New
York.
The Town Board of the Town of Brownville.
The Town Clerk of the Town of Brownville.
A.
License required.
(1)
No person shall own or possess a dog within the Town unless such
dog is licensed and identified as provided in Article 7 of the New
York State Agriculture and Markets Law and this article. All dogs
within the Town that are four months of age or older, unless otherwise
exempted, shall be licensed. No license shall be required for any
dog which is under the age of four months.
(2)
Application. The owner of any dog requiring licensure shall provide
proof of spay or neuter, any applicable license surcharges and such
additional fees as may be established by the Town, pursuant to the
authority of this article. In no event will there be refunds of fees.
(3)
Licenses issued by animal shelters and pounds. The Town does not
allow the licensing of dogs by a shelter. The shelter must send an
adoptive dog owner to the Brownville Town Clerk for licensing before
the adoption is complete.
(4)
Grace period for dogs licensed in New York City or outside New York
State. Any dog harbored within the Town which is owned by a resident
of New York City or licensed by the City of New York, or which is
owned by a nonresident of New York State and licensed by a jurisdiction
outside the State of New York, shall, for a period of 30 consecutive
days while within the Town, be exempt from the licensing and identification
provisions of this article.
(5)
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately apply for a new license
for the dog. A license cannot be transferred to another dog.
B.
Proof of vaccination against rabies. Each license application shall
be accompanied by proof that the dog has been vaccinated against rabies
or a statement from a licensed veterinarian that such vaccination
would endanger the dog's life, in which case vaccination shall
not be required.
C.
Purebred dog license and fee. There will be no distinct purebred
licenses as provided for by the state. Any purebred licenses previously
issued will now be required to comply with this article.
D.
Term of license and renewals. Each license issued pursuant to this
article shall be valid for a period of one year and shall expire on
the last day of the last month of the period for which it was issued.
A.
Schedule of fees. The Town Board of the Town of Brownville, County
of Jefferson, is hereby authorized to adopt and establish by resolution
a schedule of fees for dog license, enumeration, impoundment and replacement
tags. The Town Board may exercise its authority under this section
to adopt and amend such schedule of fees as it deems appropriate.
B.
Administration. All fees collected will be used in funding the administration
of the Brownville Dog Control Law.
C.
Service dog exemption from license fees. There shall be no fee for
any license issued for the following types of dogs, as defined in
Article 7 of the State Agriculture and Markets Law: guide dog, hearing
dog, service dog, war dog, working search dog, detection dog, police
work dog and therapy dog.
D.
Surcharges. In addition to the license fee charged in accordance with Subsection A of this section, the Town of Brownville is required to provide for the assessment of a surcharge of at least $1 for altered dogs and at least $3 for unaltered dogs. Such surcharges shall be submitted to the Commissioner of Agriculture and Markets for the purpose of carrying out animal population control efforts.
A.
Upon validation by the Town Clerk, a dog license shall be issued
and a record of its issuance retained in the office of the Town Clerk.
Such record shall be made available upon request to the State Commissioner
of Agriculture and Markets, or successor thereof.
B.
The Town Clerk shall assign to each dog a permanent municipal identification
number when it is first licensed. Such identification number shall
be carried by the dog on an identification tag which shall be affixed
to the collar of the dog at all times.
C.
An identification tag is not required to be worn while the dog is
participating in a dog show.
D.
The official permanent identification number shall constitute the
official identification of the dog to which it is assigned, regardless
of changes of ownership, and the number shall not be reassigned to
any other dog during the lifetime of the dog to which it is assigned.
E.
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which the number has been
assigned.
F.
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no charge. Replacement tags shall be
obtained by the owner at the owner's expense, pursuant to the
schedule of fees established by the Town Board.
A.
Upon the transfer of ownership of any dog, the new owner shall immediately
make application for a license for such dog. The original issued identification
tag shall remain the same for the life of the dog.
B.
In the event of a change in ownership of any dog which has been assigned
an official identification number or in the event of a change of address
of the owner of record of any such dog, the owner of record shall,
within 10 days of such change, notify the Town Clerk.
C.
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, notify the Town Clerk.
D.
In the case of a dog's death, the owner of record shall so notify
the Town Clerk no later than the expiration date of the license.
It shall be unlawful for any owner of any dog in the Town to
permit or allow any dog to:
A.
Run at large unless the dog is under the full control of its owner
or a responsible person with the owner's permission. For the
purpose of this article, a dog in the company of a hunter shall be
considered as accompanied by its owner.
B.
Engage in habitual and loud howling, barking, crying or whining or
conduct so as to unreasonably and habitually disturb the comfort or
repose of any person other than the owner of such dog.
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 upon or at, or otherwise harass any person in such a
manner as to reasonably cause intimidation or fear or to put such
person in reasonable apprehension of bodily harm.
E.
Habitually chase, run alongside or bark at motor vehicles, motorcycles
or bicycles while on a public street, highway or place, 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 or approval of the owner
of such property.
G.
Be off the owner's premises or unrestrained by a leash, when
in heat.
A.
B.
The Dog Control Officer or a peace officer observing a violation
of this article shall issue an appearance ticket for such violation.
C.
Any person who observes a dog in violation of this article may file
a complaint under oath with the Town of Brownville Justice Court specifying
the nature of the violation, the date thereof, a description of the
dog and the name and residence of the owner, if known. Such complaint
may serve as a basis for enforcement of the provisions of this article.
A.
It shall be a violation, punishable as provided in Subsection B of this section, for:
(1)
Any owner to fail to license any dog.
(2)
Any owner to fail to have any dog identified as required by this
article.
(3)
Any person to knowingly affix to any dog any false or improper identification
tag, or tag for identifying guide, service or hearing dogs.
(4)
Any owner or custodian of any dog to fail to confine, restrain or
present such dog for any lawful purpose under this article.
(5)
Any person to furnish false or misleading information on any form
to be required to be filed with the Town of Brownville.
(6)
The owner or custodian of any dog to fail to exercise due diligence
in handling his or her dog that results in harm to any guide, hearing
or other service dog.
(7)
Any owner of a dog to fail to notify the municipality in which his
dog is licensed of any change in ownership or address.
B.
It shall be the duty of the Brownville Dog Control Officer to bring an action against any person who commits any violation set forth in Subsection A of this section. The Town of Brownville may elect to prosecute such action as a violation under the Penal Law or to commence an action to recover in a civil penalty.
This article shall supersede all prior inconsistent local laws,
ordinances, rules and regulations relative to the licensing and control
of dogs within the Town. All prior inconsistent local laws, ordinances,
rules and regulations shall be, upon the effectiveness of this article,
null and void.
The provision of this article are declared to be severable,
and if any section, subsection, sentence, clause or part thereof is,
for any reason, held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of any remaining sections, subsections, sentences, clauses or part
of this article.
This article shall be effective January 1, 2017, after filing
with the Secretary of State.
