[HISTORY: Adopted by the Town Board of the Town of Lyons.
Amendments noted where applicable.]
This article shall be known and cited as the "Dog Control Law
of the Town of Lyons, New York."
The purpose of this article shall be to preserve the public
peace and good order in the Town of Lyons, and to contribute to the
public welfare, health, safety and good order of its people by establishing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of the dogs' owners
and the residents of the Town of Lyons.
A.
ANIMAL CONTROL OFFICER
AT LARGE
DOG
LEASHED
OWNER
OWNER'S PREMISES
As used in this article, unless otherwise expressly stated or unless
the content or subject matter otherwise requires, the following terms
shall have the meanings indicated:
Any individual appointed by the Town to assist in the enforcement
of this article or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated dog protective
association under contract with the Town to assist in the enforcement
of this article.
Any dog that is unleashed and on property open to the public
or is on private property not owned or leashed by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
Any member of the species Canis familiaris.
Restrained by a leash of not more than eight feet in length
attached to a collar or harness of sufficient strength to restrain
the dog, and which leash shall be held by a person having the ability
to control and restrain the dog.
Any person who harbors, keeps or controls any dog. Dogs owned
by minors within a household shall be deemed to be in the custody
and control of the parents or other head or heads of household.
Any premises owned, occupied or under the control of the
dog owner, but shall exclude any portion which is part of a public
street, sidewalk or public place.
B.
All other words and phrases used in this article shall for the purpose
of this article have the meanings respectively ascribed to them by
§ 108 of the Agriculture and Markets Law.
A.
No dog shall be permitted to run at large within the Town of Lyons, New York. No dog shall be permitted upon the public streets or upon any public property within the Town of Lyons unless it shall be accompanied by an adult or a minor who is able to restrain and control said dog, and unless such dog shall be leashed as defined in § 108-3. No dogs shall run together in a pack or in any way form a pack of dogs. For the purpose of this article, the word "pack" is hereby defined to mean three or more dogs.
B.
No unspayed female dog in season shall be permitted to be outside
a building or a fenced enclosure.
C.
No person shall tie up, keep or leave unattended any such dog within
reach of any public sidewalk, street, trash receptacle, mailbox, fire
alarm box, exterior entryways to or exits from buildings, or other
areas commonly used or frequented by pedestrians, mail carriers, newspaper
delivery persons, or utility readers.
D.
It shall be unlawful for any owner or agent of an owner of a dog
to permit or allow such dog to engage in habitual loud howling, barking
or whining or to conduct itself in such a manner as to habitually
annoy any person other than the owner or agent of the owner of the
dog.
E.
It shall be unlawful for any owner or agent of an owner of a dog
to permit or allow such dog to cause damage or destruction to public
or private property, or to urinate or deposit feces or commit a nuisance
upon the property of a person other than the owner or agent of the
owner of the dog.
F.
It shall be unlawful for any owner or agent of an owner of a dog
to permit or allow such dog to bite, chase or otherwise harass any
person in such a manner as to cause intimidation or to put such a
person in reasonable fear of bodily harm or injury; not to exclude
chasing motor vehicles or bicycles.
Any dog which shall bite or attack any person or domestic animal
within the meaning of Article 7 of the Agriculture and Markets Law
of the State of New York shall be dealt with in accordance with Article
7 of the Agriculture and Markets Law.
It shall be unlawful for any person keeping or harboring a dog
or dogs to fail to keep the premises where such dog or dogs are kept
free from offensive odors to the extent that such odors are disturbing
to any person residing within reasonable proximity of said premises.
It shall be unlawful to allow the premises where a dog or dogs are
kept to become unclean and a threat to public health by failing diligently
and systematically to remove all animal waste from the premises.
A.
An Animal Control Officer may be appointed or designated by the Town
to enforce this article; the Animal Control Officer shall have all
the powers and duties contained in § 114 of the Agriculture
and Markets Law.
B.
The Animal Control Officer shall have all of the powers provided
in § 113 of the Agriculture and Markets Law.
C.
The Animal Control Officer shall keep a record and description of
each animal seized, including the date and manner of its disposition
or redemption and the name and address of the person by whom redeemed
and any other information required by the Agriculture and Markets
Law or deemed necessary by the Board of Trustees of the Town of Lyons.
D.
No person shall hinder, resist or oppose the Animal Control Officer,
any peace officer, police officer, agent or employee or representative
of the Town of Lyons in the performance of his or her duties under
this article.
If a dog is not redeemed as provided in § 117 of the
Agriculture and Markets Law, a dog may be made available for adoption,
provided that the new owner shall pay the impounding fee and the actual
cost of harboring such dog. A dog may also be disposed of pursuant
to § 88 of the General Municipal Law without the payment
of any fees or costs.
The Animal Control Officer and any peace officer authorized
by the Town to assist in the enforcement of this article and Article
7 of the Agriculture and Markets Law shall have the authority to issue
an appearance ticket pursuant to the Criminal Procedure Law or, in
lieu thereof, a uniform appearance ticket as provided in Agriculture
and Markets Law § 113.
Any person convicted of a violation of this article shall be
liable to a civil penalty not exceeding $100 for a first violation,
not exceeding $200 for a second violation, and not exceeding $300
for each subsequent violation. The Town may, by resolution, change
these fees at any time.
This article is enacted pursuant to the provisions of § 122
of Article 7 of the Agriculture and Markets Law.
A.
All terms not specifically defined herein shall have the meanings
assigned to such terms within § 108 of the New York Agriculture
and Markets Law.
B.
ADOPTION
AGRICULTURE AND MARKETS LAW
ANIMAL CONTROL OFFICER
AT LARGE
CLERK
DOG
EUTHANIZE
HARBOR
IDENTIFICATION TAG
OWNER
RECOGNIZED REGISTRY ASSOCIATION
As used in this article, the following terms shall have the meanings
indicated:
The delivery of any dog, seized or surrendered, to any natural
person 18 years of age or older, for the limited purpose of harboring
as a pet.
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article and as thereafter
amended.
A person or persons appointed by the Town Board of the Town
of Lyons to assist in the enforcement of this article; and for the
purposes of and during the enforcement of this article only, such
Animal Control Officer is deemed to be a peace officer.
Any dog that is unleashed and on public property or is on
private property without the consent of the owner or lessee.
The Clerk of the Town of Lyons.
Any member of the species Canis familiaris.
To bring about death by a humane method.
To keep or to provide food and/or shelter to any dog.
A tag issued by the Town Clerk which sets forth the identification
number, together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
Any person or persons who harbor or keep any dog. In the
event any dog found in violation of this article shall be owned by
a person under 18 years of age, the owner shall be deemed to be the
parent or guardian of such person (or the head of the household in
which said person resides).
Any nationally recognized breed associations qualifying under
Article 7 of the New York Agriculture and Markets Law.
A.
Licensing of dogs. All dogs within the Town of Lyons four months
of age or older, unless otherwise exempted, shall be licensed. The
owner of each dog required to be licensed shall obtain, complete and
return to the Town Clerk a dog license application, together with
the license application fee, any applicable license surcharges, and
such additional fees as may be established by the Town of Lyons. 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. In the case of a spayed or
neutered dog, each application shall be accompanied by a certificate
signed by a licensed veterinarian showing that the dog has been spayed
or neutered, provided that such certificate shall not be required
if the same is already on file with the Town Clerk. Each license issued
shall be valid for a period of one year and shall be renewable yearly
thereafter on the anniversary date of the original license. This license
shall not be transferable.
B.
Purebred licenses. Purebred licenses may be obtained only for purebred
dogs that are registered by a recognized registry association. The
owner of each dog required to be licensed shall obtain, complete and
return to the Town Clerk a dog license application, together with
the license application fee, any applicable license surcharges, and
such additional fees as may be established by the Town of Lyons. 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. In the case of a spayed or
neutered dog, each application shall be accompanied by a certificate
signed by a licensed veterinarian showing that the dog has been spayed
or neutered, provided that such certificate shall not be required
if the same is already on file with the Clerk. Each license issued
shall be valid for a period of one year and shall be renewable yearly
thereafter on the anniversary date of the original license. This license
shall not be transferable.
C.
Animal shelters. Dogs of any age held at a shelter pursuant to a
contract or agreement with the Town of Lyons for the prevention of
cruelty to animals, humane society or dog protective association are
exempt from the licensing requirements set forth herein. The Town
of Lyons does not allow the licensing of dogs by a shelter. Shelters
shall send all dog owners to the Clerk of the Town in which the dog
will be harbored for licensing. Shelters also will provide to the
Town Clerk written notice of individuals adopting dogs from their
facilities for harboring within the Town of Lyons.
D.
Identification of dogs.
(1)
The Town Clerk shall assign a Town identification number to a dog
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.
(2)
An identification tag is not required to be worn while a dog is participating
in a dog show.
(3)
The official identification number shall constitute the official
identification of the dog to which it is assigned.
(4)
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. Rabies tags may also be affixed.
(5)
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no additional charge. The Town will not
charge for a replacement tag.
E.
Grace period. Any dog harbored within the Town 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 days, be exempt from
the licensing and identification provisions herein.
F.
Change of ownership; lost or stolen dogs. In the event of a change
in the ownership of any dog licensed by the Town of Lyons, or change
in address of the owner of record of any such dog, or in the event
that any such dog has been lost or stolen, within 10 days of such
change, the owner shall notify the Town Clerk of said change.
A.
It shall be unlawful for any owner of any dog to permit or allow
such dog, in the Town of Lyons, to:
(1)
Be at large.
(2)
Engage in such howling, barking, crying, or whining as can be readily
heard over two property lines or for a distance of 300 feet.
(3)
Cause damage or destruction to property of another without such person's
consent, or commit a nuisance by defecation or urination upon the
premises of a person, other than the owner of such dog, without such
person's consent.
(4)
Chase or otherwise harass any person in such a manner as reasonably
to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury.
(5)
Habitually chase, run alongside of or bark at a motor vehicle or
bicycle lawfully using a public way.
(6)
Worry or injure any pet or livestock.
B.
It shall be an affirmative defense that such conduct occurred within
a dwelling or was caused by the actions or omissions of the complainant.
A proceeding shall be brought for excessive noise only when the Animal
Control Officer or a law enforcement officer has personally heard
such noise for a period in excess of 20 minutes or a citizen complainant
by sworn or subscribed deposition or affidavit attests to the same.
A.
Enforcement authority. This article shall be enforced by any Town
Animal Control Officer, peace officer acting pursuant to his special
duties or police officer.
B.
Complaints. Except as otherwise provided herein, any person who observes
a dog in violation of this article may file a complaint, under oath,
with a Justice of the Town of Lyons, specifying the nature of the
violation, the date thereof, a description of the dog and the name
and residence, if known, of the owner of such dog. Such complaint
may serve as the basis for enforcing the provisions of this article.
A.
The Animal Control Officer of the Town of Lyons and any peace officer
shall have authority to administer and enforce the provisions of this
article, and for that purpose shall have the authority to issue appearance
tickets and to seize dogs, either on or off the owner's premises.
B.
Any peace officer or Animal Control Officer of the Town of Lyons shall seize any dog found at large not wearing the identification tag required under Article 7 of the New York Agriculture and Markets Law or any dog in violation of § 108-13 herein.
C.
Every dog so seized shall be properly fed and cared for at the owner's
expense until disposition thereof, as herein provided, and in accordance
with the applicable provisions of the Agriculture and Markets Law
of the State of New York.
D.
If any dog is in violation of § 108-14 and the dog is wearing a license tag, the Animal Control Officer or peace officer shall make good faith efforts to ascertain the owner of the dog and give immediate written notice to the owner, or an adult member of the family, stating that the dog is in violation of this article and will be seized unless the situation is rectified or unless the court shall rule otherwise. Alternatively, the Animal Control Officer or peace officer may seize any dog found in violation of § 108-14 and shall give immediate written notice of such seizure to the owner or an adult member of the family.
E.
The owner of any dog seized and/or impounded by the Town of Lyons
pursuant to this article shall be entitled to redeem that dog within
five days, excluding the day the dog is impounded, from the day the
dog is impounded, provided that the owner produces to the Town Clerk
proof the dog is licensed and identified and pays fees for impoundment
set from time to time by the Town Board by resolution. Fees also must
be paid to the Town Clerk for the cost of the seizure and then-current
rate per day charged by the impoundment facility to defray the cost
of feeding and maintaining said dog.
F.
If an owner is entitled to redeem a dog pursuant to Subsection E above but has not redeemed the dog by the end of the redemption period, the owner shall forfeit all title to the dog and the dog shall be put up for adoption or caused to be euthanized. The impoundment facility that destroys a dog shall immediately dispose of the same and make a monthly written report of such destruction and disposition to the Town Clerk, who shall keep a record thereof.
G.
The Animal Control Officer 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
dog (if any), the location where seized, the reason for the seizure
and the owner's name and address, if known.
Any Justice of the Town of Lyons shall have jurisdiction of
all actions and proceedings hereunder and of all prosecutions for
violation of this article.
A.
Any person convicted of a violation of this article shall be liable
to a civil penalty not exceeding $100 for a first violation, not exceeding
$200 for a second violation, and not exceeding $300 for each subsequent
violation. The Town may, by resolution, change these fees at any time.
B.
The provisions hereof are in addition to the regulations, restrictions,
requirements and penalties contained in Article 7 of the New York
Agriculture and Markets Law.
Each separate provision of this article shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable. This article shall take effect immediately after
filing with the Secretary of State.
