[HISTORY: Adopted by the Town Board of the Town of Lansing 10-21-2015 by L.L. No. 8-2015. Amendments noted where applicable.]
The title of this chapter shall be “Licensing, Identification,
and Control of Dogs in the Town of Lansing.” Herein it may be
referred to as Local Law No. 8 of 2015, or simply as the chapter.
This chapter is adopted pursuant to Articles 7 and 26 of the
Agriculture and Markets Law of the State of New York, § 10 of
the Municipal Home Rule Law, the Statute of Local Governments, and
Town Law §§ 64 and 130. The purposes of this chapter are
to provide for the licensing and identification of dogs; to provide
for the control and protection of the dog population and the protection
of persons, property, and other animals from dog attacks and damage;
and to promote the public health, safety, and welfare of the community,
including the protection and preservation of the property of residents
of the Town and its inhabitants, and of the peace and good order therein,
by regulating and controlling activities of dogs within the Town of
Lansing and providing for enforcement thereof. This chapter shall
apply to all areas of the Town of Lansing, including the Village of
Lansing.
This chapter shall not apply to any dog confined to the premises
of any public or private hospital devoted to the treatment of sick
animals, or confined to an animal shelter devoted to the impounding
of and caring for animals. In the event that any dog owned by a nonresident
of the Town of Lansing is temporarily harbored within the Town for
a period of 90 days or less, such dog shall be exempt from the identification
and licensing provisions of this chapter, provided such dog is licensed
pursuant to the provisions of law in the owner’s area of primary
residence.
As used in this chapter, the following words shall have the
following meanings:
The New York State Agriculture and Markets Law, as now written
or as hereafter amended or re-codified.
A dog that has been spayed or neutered.
Any dog control officer, dog warden, any person appointed
by the Town (and any other municipality or governmental authority
with requisite jurisdiction) to enforce the terms of this chapter
or the A&M Law, and any police or peace officer acting under this
chapter or the A&M Law.
Any dog that is not upon the premises of its owner or that
is in a public place (including a highway or road) whenever such dog
is not under the command and control of its owner or a responsible
adult by means of a functioning collar (or harness) and leash sufficient
to control and restrain the dog.
A companion animal as defined by law, generally including
any dog or cat, and also including any other domesticated animal normally
maintained in or near a household where the householders harbor the
animal, but not including domestic animals.
Any dog that: without justification attacks a person, companion
animal, farm animal, or domestic animal and causes physical injury
or death; or that behaves in a manner which a reasonable person would
believe poses a serious and unjustified imminent threat of serious
physical injury or death to one or more persons, companion animals,
farm animals or domestic animals; or without justification attacks
a special service dog and causes physical injury or death; or any
dog that otherwise meets the definition of a “dangerous dog”
as defined by law or the A&M Law (including § 123 therein).
A dangerous dog does not include a special service dog while being
used to assist one or more law enforcement officers in the performance
of their official duties.
Any domestic animal as defined by law, generally including
domesticated sheep, horse, cattle, fallow deer, red deer, sika deer,
whitetail, or other deer which is raised under license from the New
York State Department of Environmental Conservation, llama, goat,
swine, fowl, duck, goose, swan, turkey, confined domestic hare or
rabbit, pheasant or other bird which is raised in confinement under
license from the New York State Department of Environmental Conservation
before release from captivity, except that the varieties of fowl commonly
used for cock fights shall not be considered domestic animals under
this chapter.
Any farm animal as defined by law, generally including any
ungulate, poultry, species of cattle, sheep, swine, goats, llamas,
horses or fur-bearing animals raised for working, commercial, or subsistence
purposes. Fur-bearing animals shall not include dogs or cats.
To provide food or shelter, usually (but not exclusively)
upon a regular, recurring, or repeated but intermittent basis.
A tag, medallion, or similar device issued by the Town of
Lansing, or other licensing agency, which sets forth information about
the dog and its licensing or vaccination status, such as an identification
number, the name of the municipality and such municipality’s
contact information and telephone number, and such other information
as the licensing authority requires or deems appropriate.
Any dog carrying an identification tag.
Refers to land uses, facilities, and the acts of any person
who owns or harbors five or more dogs on any one or more contiguous
parcels of land. Each such person shall be deemed to be operating
a public or private kennel.
Any condition which would reasonably be expected to be substantially
offensive and objectionable to neighbors or those using nearby properties
and roads, generally including any acts or conditions within the common
law definition of a public or private nuisance, and also including
the following:
Conditions and behaviors that promote the breeding of flies,
mosquitoes, rodents or any other animals or insects, which bite or
are commonly carriers of disease;
The presence of obnoxious odors or substances;
Excessive loud, repeated, habitual or continued barking, howling,
or whining so as to cause a reasonable person's rest to be broken,
his or her sleep to be interrupted, his or her reasonable use or enjoyment
of his home or property to be otherwise interfered with, disturbed
or diminished, or that causes a person to be otherwise harassed, annoyed,
or disturbed;
Any dog that habitually chases any person or bicycle, automobile,
horse, contrivance, or other vehicle upon any public highway or road;
Any dog that chases or otherwise harasses any person or animal
in such a manner as might reasonably cause intimidation or put said
person in reasonable apprehension of bodily harm or injury or fear
of imminent attack;
Any dog that causes damage or destruction to or upon property
that is not the property of the owner;
Any dog that is a dangerous dog that is not securely confined
at all times, or otherwise secured, managed, or handled as ordered
by any court or other tribunal of competent jurisdiction.
In limitation of the foregoing enumerated definitions, when
dogs are kept and used for agricultural purposes in any agricultural
district or farm, the noises or odors of common agricultural operations
shall not be construed as being a nuisance, public or private, under
this chapter.
The person purchasing the license or in whose name any dog
was last licensed. An owner of record shall be 18 years of age or
older and no minor may license a dog in the Town.
Any person who owns or harbors any dog or any person who
has licensed such dog. If a dog is not licensed, the term of “owner”
shall designate and cover any person who at any relevant time owns
or has custody or control of, harbors, or is otherwise responsible
for any dog that is kept, brought, or comes within the Town. Any person
harboring a dog for a period of one week shall be deemed an owner
for the purposes of this chapter. In the event that an owner of a
dog shall be a minor, each adult head of household in which said minor
resides shall be deemed to be an owner with custody and control of
said dog and responsible for any acts of said dog.
Any public or private individual, corporation, partnership,
association or other organized group of individuals or other legal
entity.
A dog registered by a nationally recognized registry association.
A group dog license for persons raising purebred dogs.
Any registry association that operates on a nationwide basis,
issues numbered registration certificates, and keeps such records
as may be required by the A&M Law or the rules and regulations
of the New York State Commissioner of Agriculture.
A detection dog as defined by law, generally including any dog
that is trained and actually used for detecting, or that is undergoing
training to be used for the purpose of detecting, controlled substances,
explosives, ignitable liquids, firearms, cadavers, or school or correctional
facility contraband;
A guide dog as defined by law, generally including any dog that
is trained to aid a person who is blind and actually used for such
purpose, or any dog owned by a recognized guide dog training center
located within the State of New York during the period such dog is
being trained or bred for such purpose;
A hearing dog as defined by law, generally including any dog
that is trained to aid a person with a hearing impairment and actually
used for such purpose, or any dog owned by a recognized training center
located within the State of New York during the period such dog is
being trained or bred for such purpose;
A police work dog as defined by law, generally including any
dog owned or harbored by any state or municipal police department
or any state or federal law enforcement agency, that has been trained
to aid law enforcement officers and actually being used for police
work purposes;
A service dog as defined by law, generally including 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;
A therapy dog as defined by law, generally including any dog
that is trained to aid the emotional and physical health of patients
in hospitals, nursing homes, retirement homes, and other settings
and 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;
A Tompkins County working dog as defined by law, generally including
any guide dog, hearing dog, service dog, working search dog, war dog,
detection dog, police work dog, or therapy dog duly licensed and wearing
a Tompkins County working dog tag;
A war dog as defined by law, generally including any dog which
works for or has been honorably discharged from the United States
Armed Services;
A working search dog as defined by law, generally including
any dog that is trained to aid in the search for missing persons or
actually used for such purpose; or
Any other similar service dog now or hereafter defined by law
as being subject to special exemptions or rules relative to licensing,
access, service to the public, or animal behavior.
The area within the corporate limits of the Town of Lansing,
including the Village of Lansing.
Town Board of the Town of Lansing.
The Lansing Town Clerk.
Shall refer to any dog that is not spayed or neutered.
The area within the corporate limit of the Village of Lansing.
A.
License required. The Town Clerk shall provide, accept, and grant
applications for dog licenses required by Article 7 of the A&M
Law and for purebred dog licensing, for all dogs harbored within the
Town. In addition, the Town Board may authorize by resolution the
manager of a pound or shelter established or maintained by the Town,
or with which it contracts for shelter services, to provide, accept,
and grant applications for such licenses made by a resident of the
Town at the time of the adoption or redemption of a dog from the pound
or shelter, provided the application is made in accordance with Town
procedures, and further provided the manager remits to the Town the
license fees and any additional fees, surcharges, and assessments
referenced in this chapter.
B.
Application. Each license application shall be accompanied by proof
that the dog has been vaccinated against rabies or a statement from
a licensed veterinarian that the dog is too young to be vaccinated
or that, because of old age or another reason, the life of the dog
would be endangered by the administration of the vaccine. In the case
of an unlicensed dog being redeemed by the owner or a dog being adopted
from a shelter, copies of rabies vaccination records shall be forwarded
to the Town Clerk. A new rabies certificate shall be required if the
one on record has expired or expires within 30 days of the date of
renewal of the dog license.
C.
Fee. The dog owner shall pay the Town (or manager of a pound or shelter
as authorized by Town Board resolution) license fees and surcharges
as set from time to time by Town Board resolution, and the dog owner
shall also pay the Town or authorized manager any fees, surcharges
and assessments set forth in Article 7 of the A&M Law. In the
event that the State of New York changes or adds any state surcharges,
assessments or fees related to dogs, the total fee to be charged shall
be modified to include the then-current fees, surcharges, and assessments.
D.
When required. All dogs reaching the age of four months shall be
licensed by its owner(s). However, no license shall be required for
any dog residing in a pound or shelter maintained by or under contract
or agreement with the State of New York or any county, city, town
or village, duly incorporated society for the prevention of cruelty
to animals, duly incorporated humane society or duly incorporated
dog protective association.
E.
Reduced fees for altered dogs. In the case an altered dog license
is sought, such application shall be accompanied by a certificate
signed by a licensed veterinarian or an affidavit signed by the owner,
proving or showing that the dog has been spayed or neutered. In lieu
of the spay or neuter certificate an owner may present a statement
certified by a licensed veterinarian stating that he or she has examined
the dog and found that, because of old age or other reason, the life
of the dog would be endangered by spaying or neutering. In such case,
the license fee for the dog shall be the same as for an altered dog.
F.
Issuance and renewals. Upon receiving, the required documents and
the fee, the Town Clerk shall issue a license and identification tag.
An original license shall be issued for a period of one year, and
shall expire on the last day of the month one year from the date of
issue. License renewal forms shall be mailed by the Town Clerk and
any such renewal shall expire on the last day of the month in the
same month that it was originally issued. A license originally issued
in January will always expire in January, and renewing early or late
does not change the renewal month. Any license renewal that is the
subject of an issued appearance ticket for nonlicensing shall pay
a late renewal surcharge. Owners having more than one dog may request
common renewal dates for licenses, which request may be granted at
the discretion of the Town Clerk, provided that all other licensing
and renewal requirements are met. No licensing fees or surcharges
will be prorated, refunded, or waived when accommodating such a request.
Upon renewal, the Town Clerk shall provide a validated license to
the owner. Clerk’s copies of licenses and renewals shall be
kept on file in accordance with the Records Retention and Disposition
Schedule MU-1 issued by the New York State Archives and Records Administration.
G.
Fee schedules authorized. The Town Board is authorized to establish
by resolution, a schedule of fees pertaining to the licensing, identification
and enumeration of dogs. The Town Board may amend the fee schedule
by resolution from time to time as it deems appropriate. The most
current fee schedule will be kept on file in the office of the Town
Clerk for public inspection. All revenue derived from such fees shall
be the sole property of the Town and shall be used only for controlling
dogs, enumerating dogs, enforcing this chapter and the A&M Law,
and to subsidize the spaying or neutering of dogs or public humane
education programs related to responsible dog ownership. In no event
shall any money derived from license fees be used to subsidize the
spaying or neutering of cats or animals other than dogs, except as
expressly allowed under the A&M Law.
H.
License fees nonrefundable. No license fees or surcharges are refundable
or partially refundable in the event that a dog is lost, stolen, sold,
given away, surrendered, or deceased before the expiration of the
license, or for any other reason.
I.
Unlicensed dog and other surcharges. An additional fee may be established
by resolution of the Town Board should a dog be identified as unlicensed
during an enumeration, and the surcharge shall be used to defray the
costs of such enumeration. In addition to the fees set by the Town
Board, an additional New York State Spay/Neuter Surcharge shall be
assessed for the purpose of carrying out population control efforts
as mandated by Article 7 of A&M Law.
J.
Replacement tags. Each applicant for a replacement dog identification
tag shall pay a surcharge in accordance with the Town’s fee
schedule.
K.
Exemptions for special service dogs. Unless preempted by state or
federal law, all special service dogs must be licensed.
[Amended 12-5-2018 by L.L. No. 5-2018]
L.
Special rules for purebred dogs.
(1)
Purebred
licenses are offered in the Town as an alternative to individual dog
licenses for owners actively involved in the breeding and sale of
purebred dogs.
(2)
To
qualify for a purebred license, a person must own five or more purebred
dogs and at least five of those dogs must be unaltered.
(3)
Application
for a purebred license shall be upon forms as provided by the Town
Clerk and shall include:
(a)
Rabies vaccination certificates for every dog listed on the license;
(b)
Copies of registry papers for every dog or a comprehensive list of
recognized registry association registry numbers or memberships;
(c)
An accurate listing of every dog over four months old; and
(d)
A purebred license fee as set forth in the fee schedule.
(4)
Once
approved, the Town Clerk shall assign a purebred license identification
number and license, which shall be valid for one year and thereafter
subject to renewal by application.
(5)
The
Town Clerk may investigate any application for a purebred license,
including by seeking verification of the number of dogs listed or
claimed, or the validity of recognized registry association registry
numbers or memberships.
(6)
No
purebred license is transferable and, upon a change of ownership of
any dog licensed under a purebred license, the new owner shall immediately
make application for a new license, unless such owner holds a valid
purebred license and adds the dog to such purebred license.
When a dog is originally licensed a Town of Lansing identification
number will be assigned and an identification tag shall be issued,
which shall be worn by the dog at all times. The identification tag
will contain such information as is required by the A&M Law or
as directed by the Town Clerk. Existing A&M Law dog licenses being
renewed or transferred from another municipality shall be assigned
a Town of Lansing identification number and an identification tag
shall be issued, which shall thereafter be worn by the dog at all
times. No identification tag shall be affixed to the collar of any
dog (or otherwise worn or carried) other than the dog to which it
was assigned. Lost identification tags shall be replaced. Dogs participating
in a dog show are exempted from wearing an identification tag only
for the duration of the show.
When there is a change of address for the owner or owner of
record they shall notify the Town Clerk of such change and if still
within the Town the Town Clerk shall make the appropriate updates
to the dog license record. If outside the Town the Town Clerk shall
make a note in the record, cancel the license, and forward a copy
of the cancelled license to the clerk of the municipality to which
the owner has moved, informing said clerk that the dog now resides
in their municipality. In the event of a change in the ownership of
any dog licensed in the Town the new owner shall immediately make
application for a license for such dog. Additionally, the original
owner of record shall notify the Town Clerk of the change of ownership.
Such original owner of record shall be liable for any violations of
or under this chapter until such filing is made or until the dog is
licensed in the name of the new owner.
A.
Lost, stolen, or deceased dogs. If any dog licensed in the Town is
deceased, stolen, or lost the owner and the owner of record shall
notify the Town Clerk within 10 days of the discovery of such loss,
theft or death.
B.
Lists of licensed dog owners. No dog licensing records, information,
or lists shall be made available to any person or company for commercial
purposes.
C.
Kennels and kenneling. Any person owning or operating a kennel or
kenneling under this chapter shall meet the following requirements:
all animal food shall be kept under cover and in sealed containers;
all animal waste shall be removed daily from the premises in tightly
covered containers; and the premises shall be maintained so as not
to constitute a nuisance. This subsection shall not apply to the keeping
of dogs in agricultural districts for agricultural or herding purposes.
Nor shall this provision apply to licensed veterinarians, animal hospitals,
or similar facilities supervised by licensed veterinarians.
D.
Sanitary conditions; cruelty prohibited. All premises occupied by
dogs shall be kept in a clean, sanitary condition. Adequate food,
water, shelter, air, light, and space must be provided for each dog,
including when kenneled or kept outside, and the term “adequate”
shall mean as is reasonable and sufficient for the age, size, and
number of dogs harbored or kenneled. It shall be unlawful for any
person to torture, torment, poison, deprive of necessary sustenance,
unnecessarily or cruelly beat, or otherwise abuse or inadequately
care for or needlessly mutilate a dog. No person shall needlessly
kill a dog, unless otherwise authorized by law, such as when lawfully
acting in defense of self or another person or animal.
E.
Reasonable confinement when in heat. All female dogs in heat shall
be confined to the premises of their owner and may not be left outside
unattended, even when on the property of their owner.
F.
Cooperation with animal control officers. No person shall intentionally
hinder, resist, or oppose the acts or investigations of any authorized
Animal Control Officer, or of any other person authorized to administer
or enforce the provisions of this chapter when in the performance
of his or her duties.
G.
Presumptions. The fact that the dog is in violation of any of the
provisions of this chapter or the A&M Law shall be presumptive
evidence that the dog has been permitted to be in violation with the
knowledge of the owner, the owner of record, and any person harboring
the dog.
Any violation of or noncompliance with the requirements of this
chapter shall be a violation hereof. In addition, any owner of any
dog, or any other person who harbors or is custodian of any dog, shall
be in violation of this chapter whenever the following events occur
or are allowed to occur:
A.
At large; leashing. A dog runs at large or, when not on the property
of the owner or other person harboring or having custody or control
of the dog; a dog is not properly restrained by a person capable of
handling such dog and an adequate collar and leash (or harness). No
such leash shall exceed eight feet in length. However, dogs engaged
in hunting, and training as authorized under the New York State Environmental
Conservation Law, including with respect to the lawful acts of hunting,
flushing, and retrieval, shall not be deemed at large when in the
presence of their owner or trainer.
B.
Noise. A dog engages in excessive loud, repeated, habitual or continued
barking, howling, or whining so as to cause a reasonable person’s
rest to be broken, his or her sleep to be interrupted, his or her
reasonable use or enjoyment of his home or property to be otherwise
interfered with, disturbed or diminished, or that causes a person
to be otherwise harassed, annoyed, or disturbed.
C.
Damage or destruction of property. A dog causes damage or destruction
to property, or defecates, urinates, or otherwise commits a nuisance
other than upon the premises of the person owning or harboring such
dog.
D.
Chasing, harassing, or worrying; attacks. When not on the premises
of the person owning or harboring such dog, a dog:
(1)
Chases or otherwise harasses any person in such a manner as reasonably
to cause intimidation to such person, to put such person into reasonable
apprehension or bodily harm or injury, or to cause such person to
fear an imminent attack; or
(2)
Chases, barks at, leaps on, or otherwise attacks any bicycle, motorcycle,
motor wagon, carriage, or any other vehicle or device used by persons
for travel or as a conveyance, or any riders or occupants thereof,
or horse, including any rider thereon, or other animal.
E.
Nuisances. Any nuisance is allowed or created.
F.
Required identification tag. A dog is not wearing a current valid
Town dog license identification tag, unless exempt from this requirement,
or unless:
(1)
Such dog is only temporarily within the Town and such dog’s
or owner’s presence is transitory in nature, such as an overnight
stay at a hotel, a tourist visit of limited and short duration, participation
in a dog show, or participation in training as a special service dog;
(2)
Such dog is owned by a resident of New York City and is licensed
by the City of New York, but only for the first 90 days such dog is
first harbored within the Town; or
(3)
Such dog is owned by a nonresident of New York State and is licensed
by a foreign jurisdiction, but only for the first 90 days such dog
is first harbored within the Town.
G.
Redemption. Any dog is not redeemed within five days after a notice
of seizure is given to the owner.
H.
False identification tags and information. Any dog displays or wears
any false or improper identification tag, or one as belongs to another
dog, or if any dog is the subject of any false or misleading information
provided upon any license or form, or to any Animal Control Officer
or any other official or employee of the Town or Village.
I.
Orders and restraints; dangerous dogs. A dog is not confined or restrained
in accord with any lawful order of any court, or any other condition
or requirement attaches by lawful court order to the keeping, ownership,
or harboring of any dog and such condition or requirement is unmet
or breached, or an owner or owner of record of any dangerous dog does
not provide notice of relocation or any change in residency, the location
of the harboring, or the ownership of any dangerous dog.
A.
Inspection of violations and nuisances. The Animal Control Officer
may investigate the maintenance and premises of any dog and whenever,
after inspection, he or she shall determine the maintenance or manner
of maintenance of any dog is contrary to law or is injurious to the
dog, or is injurious to neighboring property or constitutes or is
becoming a nuisance, he or she shall prepare a written determination
setting forth such findings in detail and ordering the person owning
or having custody or control over such dog to take appropriate remedial
action as specified in the written determination by a specified reasonable
date (the “Notice and Order”).
B.
Remedial orders. Said Notice and Order shall be personally served
upon the owner of such dog and the owner of the land upon which such
dog is harbored or then situate, and a copy thereof shall be filed
with the Town Clerk and the Supervisor or Mayor, as the case may be,
but the failure to so file shall not affect the legality of the service.
Any person who believes a Notice and Order is invalid or unreasonable
may appeal to the Town Board for a determination thereupon. Such appeal
must be made and filed with the Town Clerk within five days of the
date of service of the Notice and Order and must specify each ground
of objection or appeal, and the Town Board shall hold a public hearing
thereupon within 15 days of such appeal being filed, whereat such
evidence and statements may be taken as are held relevant, and at
which the appellant may submit its proof, arguments, and evidence.
A written determination of the Town Board shall be issued within 10
days of the close of the public hearing (the “determination”).
If the Notice and Order is upheld, the appellant shall come into compliance
with such Notice and Order by the date stated therein, or within 10
days of the determination, whichever later occurs.
C.
Determinations; impoundments.
(1)
Any
determination may grant, grant in part, or deny such appeal and support,
support in part, reverse, cancel, or augment the Notice and Order.
In addition, a determination may also require, order, or direct the:
(a)
Cleaning of wastes, kennels, dog houses, animal food, other materials
utilized in connection with the dogs, and direct that such conditions
ordered cleaned up shall not be permitted to recur;
(b)
Keeping, harboring, penning, housing, or kenneling of dogs in a specified
manner adequate to protect such dogs, prevent their running at large
or their entry upon neighboring or public property;
(c)
Relocation of any enclosures or the soundproofing or screening of
structures and devices used to pen, house, or harbor any dogs;
(d)
Placing of food and refuse in tightly covered containers approved
by the State Property Maintenance Code for garbage and rubbish, as
well as the periodic removal of any garbage or rubbish;
(e)
Removal of any dogs from any premises if such dogs have been subject
to illegal abuse or torture, neglect, or if the owner(s) have hampered
or obstructed the official duties of any Animal Control Officer.
(2)
In
all cases, any dog removed or impounded shall be returned as soon
as possible once the cause for removal or impoundment has been remediated,
subject to the payment of any applicable impoundment fees by the owner(s).
D.
Compliance. All owners (and all landowners) shall comply with any
Notice and Order and determination, and any Animal Control Officer
shall investigate and verify such compliance, as well as continued
future compliance if and as reasonably required given the nature of
the nuisance sought to be abated. The failure to comply with the Notice
and Order or any determination shall also be a violation of this chapter.
E.
Nuisance remedies cumulative. The Town or Village may take any other
action as is appropriate in their discretion and as allowed by law
to prevent or abate any nuisance.
If any domestic animal, farm animal, or companion animal is
injured or killed as a result of being attacked, chased, or worried
by any dog, the owner of said dog shall be liable to claims for such
damages. The owner of such injured or killed animal may make a complaint
to the Animal Control Officer, who shall proceed pursuant to the dangerous
dog rules of the A&M Law. In no event shall the Town, Village,
or Tompkins County be liable for any damage done by any dog.
The determination of a dangerous dog and the prosecution of
special proceedings in relation to dangerous dogs shall be in accord
with A&M Law Article 7 and, as applicable, Article 4 of the Civil
Practice Law and Rules. In the event that a dog is determined to be
a dangerous dog, the court shall give notice to the Town Clerk of
such determination and a note will be made in the dog’s record.
Additionally, the Town Clerk shall notify the Village Clerk, the Animal
Control Officers, local and county law enforcement and emergency services
personnel, of such determination. All requirements as to confinement,
control, and notices as to such dangerous dog and its movement and
location shall be strictly adhered to by each owner and all owners
of record. If an insurance policy insuring against damages to persons
and property by any dangerous dog is required by any court order or
similar adjudication, such owner or owner of record shall supply proof
of annual renewal of such policies as comply with the A&M Law
and such court order or other adjudication, and the failure to promptly
and timely supply the same shall be a violation of this chapter and
shall require the immediate impoundment of such dangerous dog. All
other facilities and devices ordered to be built, implemented, or
used in relation to dangerous dogs shall be periodically inspected
by the Animal Control Officer to help ensure continued use and compliance.
A.
Appearance tickets. Animal Control Officers shall administer and
enforce the provisions of this chapter and the provisions of the A&M
Law, and for such purpose they shall have the authority to issue appearance
tickets and, when authorized by law, to seize dogs, either on or off
the premises of the owner or person harboring such dog, if witnessed
to be in violation of this chapter or the provisions of the A&M
Law.
B.
Complaints. Any person who observes any person or dog in violation
of law may file a signed complaint under oath with a Town Justice
of the Town of Lansing, or with any Animal Control Officer, specifying
the objectionable conduct, the date thereof, the damage caused or
the acts constituting a violation of law, the place or places where
such alleged illegal conduct occurred, and the name and residence,
if known, of the owner or person harboring such dog or so violating
law.
C.
Investigations. Upon receipt of such a complaint by an Animal Control
Officer, such officer may investigate and, if they reasonably believe
a violation of law has occurred, they may file a complaint with the
Town Court. Upon receipt of such a complaint by the Town Justice,
the court may issue a written summons directing such person(s) as
alleged to be in violation of law to appear in person before the court
and answer any charges or complaints. If such person does not appear
when noticed, the Town Justice may issue a warrant for the arrest
of said person in accord with the New York Criminal Procedure Law,
Penal Law, Judiciary Law, or the applicable judiciary act or rules
of court, including rules for and findings of contempt of court (all
hereafter, the “Penal Laws”).
D.
Penalties for offenses. A violation of this chapter shall constitute
a violation as the same is defined in the Penal Laws, but for purposes
of jurisdiction and procedure, such violation shall be deemed a misdemeanor.
Any person found guilty of any violation of this chapter shall be
subject to the following penalties:
(1)
For a first violation, not less than $50 nor more than $150;
(2)
For a second violation, being any violation committed within two
years of any first violation, not less than $100 nor more than $250;
and
(3)
For any third or subsequent violation, being any violation committed
within two years of any second violation, not less than $200 nor more
than $500, or imprisonment for a term not to exceed 15 days, or both.
(4)
Fines and penalties as set forth in this Code of the Town of Lansing
are in addition to, and not in lieu of nor in substitution for, Agriculture
and Markets Law § 118, which remains separately enforceable
as a state law.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
E.
Special service dog accommodations. Any person who intentionally
refuses, withholds, or denies a person any accommodations, facilities,
or privileges because he or she is accompanied by any statutorily
listed special service dog shall be further subject to a civil penalty
of up to $200 for the first violation and up to $400 for each subsequent
violation, and the Town may maintain an action in its own name to
enforce and collect such penalty, or the same may be imposed by a
court with appropriate jurisdiction over the offender.
F.
Falsified documents or information. Any person who, for the purpose
of participating in the animal population control program, shall falsify
proof of adoption from a pound, shelter, duly incorporated society
for the prevention of cruelty to animals, duly incorporated humane
society, or duly incorporated dog or cat protective association, or
who shall furnish any licensed veterinarian of this state with inaccurate
information concerning his or her residency or the ownership of a
dog, or of such person’s authority to submit a dog for a spaying
or neutering procedure pursuant to the A&M Law, and any veterinarian
who shall furnish false information concerning animal sterilization;
shall be guilty of a violation, subject to an additional fine of not
less than $250 per offense.
G.
Remedies not exclusive. The fines and penalties specified above are
in addition to any penalties provided by law for violations of the
A&M Law, and no recitation of any right or remedy in respect of
any violation of or noncompliance with this chapter shall preclude
any other remedy or penalty available by law or in equity, and the
remedies and provisions of this chapter are cumulative with each thereof.
A.
A. Seizure. Dogs may be seized as follows:
(1)
When such dog is at large or it or its owner are otherwise in violation
of the provisions of this chapter or the A&M Law;
(2)
When there is reasonable cause to believe that such dog may be a
dangerous dog, or to otherwise pose an immediate threat to the public
safety; or
(3)
When the owner, or any person owning, harboring, or having custody
of, a dangerous dog fails to obey or remain in compliance with a court
order or requirement pertaining to said dangerous dog.
B.
Redemption periods. The Town hereby enacts this section pursuant
to the provisions of A&M Law § 117, Subdivision 8, and hereby
declares that it is expressly superseding the redemption periods otherwise
provided for in said § 117, including Subdivisions 4 and 6 therein
as follows: for any dog that is not an identified dog, the Town shall
require that such dog be held for a period of five days from the day
seized, during which period the dog may be redeemed by its owner,
provided that such owner produces proof, of ownership, proof that
the dog has been licensed, and upon payment of the impoundment fees
set by the Town’s fee schedule; and for any identified dog the
Animal Control Officer shall notify the owner of record personally
or by certified mail, return receipt requested, of the facts of such
seizure, and the procedure for redemption. If notification is personally
given, such dog shall be held for a period of seven days after the
date of notice, during which period the dog may be redeemed by the
owner. If such notification is made by certified mail, such dog shall
be held for a period of seven days from the date of mailing, during
which period the dog may be redeemed by the owner. In either case,
the owner may redeem such dog upon payment of the impoundment fees
and producing proof that the dog has been licensed.
C.
Initial impoundment fees. Impoundment fees as set forth in this subsection
are first set as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Thirty dollars for the first impoundment of any dog owned by that
person for the first 24 hours, plus an additional $10 for each additional
day or part thereof; and
(2)
Fifty dollars for the first day of a second impoundment of said dog
within two years of a first impoundment, plus $10 for each additional
24 hours or part thereof; and
(3)
One hundred dollars for the first day of the third and subsequent
impoundments, being those occurring within one year of the second
impoundment, plus $10 for each additional 24 hours or part thereof.
D.
Unredeemed dogs. Any dog unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption or euthanized
pursuant to the provision of the A&M Law. If the owner of any
unredeemed dog is known, such owner shall be required to pay the impoundment
fees regardless of whether they retake possession of or redeem the
dog, and the seizure of any dog shall not relieve any person from
any violation of this chapter or the A&M Law.
E.
Special costs and fees for dangerous dogs. If a dangerous dog is
seized or impounded, the above impoundment fees shall be paid for
the period of time such dog is held by the impounding agency, whether
by court order or otherwise, and the owner shall also be responsible
to pay any extra costs or expenses of housing or handling incurred
because of such dog’s dangerous propensities or actual behavior.
Such amount shall be determined by the court upon invoicing and the
provision of a suitable explanation as to such costs incurred, subject
to the rights of cross-examination and impeachment of such owner,
or pursuant to the fee schedule of the Animal Control Officer certifies
to the Town that the costs exceeded the base fee and that the dog’s
behavior required the incurring of such extra costs or expenses. However,
if the dog is held but adjudicated not to be a “dangerous dog,”
then no impoundment fees shall be required to be paid by the owner
prior to redeeming or claiming such dog, unless such dog was previously
adjudicated as a dangerous dog, or unless the Animal Control Officer
has certified as to the fee schedule handling expenses as justified
based upon the actual behavior of the dog while confined, or unless
and as otherwise mandated or directed by the court or tribunal with
appropriate jurisdiction.
No action may be asserted or maintained against the Town, the
Village, or any Animal Control Officer, or against any persons lawfully
authorized by the Town when performing duties pursuant to this chapter
or A&M Law, to recover the possession or value of any dog, or
for damages for injury to or compensation for the seizure, adoption,
treatment, transfer, euthanasia, or destruction of any dog.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If any part or provision of this chapter or the application
hereof to any person or circumstance be adjudged invalid or unenforceable
by any court or tribunal of competent jurisdiction, such judgment
shall be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons or circumstances, and the Town Board hereby declares that
it would have passed this chapter or the remainder hereof had such
invalid application or invalid provision been apparent or omitted.
All nouns and pronouns shall be construed in the singular, plural,
masculine, feminine, or neutered context when the provisions hereof
so demand or admit. Words shall have their defined meanings and all
words shall have standard meanings as applied within the context of
the clause in which such terms appear. Subject headings are for convenience
and shall not be construed or applied to limit or restrict the subject
matter and terms appearing under such subject heading. Whenever any
reference is made to any section of law or regulations, such reference
shall be interpreted to include such law or regulation as later amended,
renumbered, or re-codified, and a mere typographical citation error
shall not be given effect.
