[HISTORY: Adopted by the Town Council of the Town of Mount Morris as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-9-2010 by L.L. No. 3-2010]
The Town Board of the Town of Mt. Morris finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons, damage to property and has created nuisances within the Town. The purpose of this chapter is to protect the health, safety and welfare of its people by enforcing regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of dog owners and the rights and privileges of other citizens of the Town of Mt. Morris.
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, as amended by Part T of Chapter 59 of the Laws of 2010, and as may be subsequently amended and supplemented.
This article shall be known and may be cited as the "Dog Control Law of the Town of Mt. Morris."
As used in this chapter, the following words shall have the following respective meanings:
COUNTY
The County of Livingston, New York.
DOG
Male and female, licensed and unlicensed, members of the species canis familiaris.
DOG CONTROL OFFICER or DCO
A person or persons appointed by the Town for the purpose of enforcement of this chapter.
HARBOR
To provide food or shelter to any dog.
IDENTIFICATION TAG
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.
OWNER
The person entitled to claim lawful custody and possession of a dog 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 Town Clerk and 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, firm, association, or corporation, who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any dog that is kept in, brought into, 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 chapter shall be held and deemed to be "owner" of such dog for the purpose of this chapter. In the event that the "owner" of any dog found to be in violation of this chapter 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 the said dog in violation of this chapter.
PERSON
An individual, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.
RUN AT LARGE
Off the premises of the owner.
TOWN
The Town of Mt. Morris.
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 control of such owner or person. For the purpose of the chapter, 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 howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the comfort of any person other than the owner of such dog.
C. 
Cause damage or destruction to public or private property, defecate, urinate or otherwise commit a nuisance upon the property of other than the owner or harborer of the dog.
D. 
Chase, jump upon or at, or otherwise harass any person in such manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm.
E. 
Habitually chase, run alongside of 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. 
If a female dog, when in heat, be off the owner's premises, unrestrained by a leash.
A. 
License required. All dogs in the Town shall be licensed with the Town Clerk by the age of four months, and any person applying for a dog license shall present a current certificate of rabies vaccination at the time of making application for a license or for the renewal of an existing license.
B. 
Expiration of license. All dog licenses shall be valid for a period of one year and shall expire at the end of the month one year from the date of issuance.
C. 
License fees. The fee for a spayed or neutered dog will be determined by the Town by resolution from time to time. The fee for an unspayed or unneutered dog will be determined by the Town by resolution from time to time; such fee shall be at least $5 more than the fee for a spayed or neutered dog. The fee for a replacement dog identification tag will be as determined by the Town by resolution from time to time.
D. 
Each individual dog license for a spayed or neutered dog shall be subject to an animal population control surcharge in the amount as mandated by New York State as must be paid at the time the dog license application is filed. Each individual dog license for an unspayed or unneutered dog shall be subject to an animal population control surcharge in the amount as mandated by New York State as must be paid at the time the dog license application is filed. Such surcharges shall be in addition to the fees set forth in Subsection C hereof.
E. 
Enumeration fee. When the Town Board determines the need for a dog enumeration, a fee as determined by the Town by resolution from time to time will be assessed to the owner of any dog found unlicensed or for which the license has not been renewed at the time the enumeration is conducted.
F. 
Service dogs. The Town shall require a license for any guide dog, service dog, hearing dog or detection dog; however, the license fee will be waived for such dogs as those terms are defined by Article 7 of the Agriculture and Markets Law. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," or "Service Dog," as may be appropriate, by the Clerk.
G. 
Shelters. The Town does not allow the licensing of dogs by a shelter. The shelter shall send all dog owners to the clerk of the town or city in which the dog will be harbored for licensing.
H. 
All dog licenses shall be purchased in person at Town Clerk's office or by regular mail. If licensing or renewing a license by mail, the appropriate fee shall accompany the forms. There shall be no refund of fees.
I. 
All fees shall be used in funding the administration of the Dog Control Law of the Town.
A. 
The owner of one or more purebred dogs registered by a recognized registry association may annually make an application for a purebred license, in lieu of or in addition to the individual licenses required by § 14-6 of this article. A purebred license shall be valid for a period of one year and shall be renewable annually thereafter prior to the expiration date. Such application shall be made to the Clerk of the Town.
B. 
The application shall be made using a form or forms provided by the Town and shall include, at a minimum, the name, address and telephone number of the owner; the county and city, town or village where such dog(s) is or are harbored; the sex, breed, registry name, and number of each purebred registered dog over the age of four months that is harbored on the premises; and the sex and breed of each purebred dog over the age of four months that is harbored on the premises and that is eligible for registration. The application shall also include a statement by the owner that all purebred dogs over the age of four months that are harbored on the premises have been listed.
C. 
The application shall be accompanied by the license fee, surcharges and additional fees required by § 14-6 of this article, plus an additional surcharge fee as determined by the Town by resolution from time to time, and a certificate of rabies vaccination or statement in lieu thereof, as required by § 14-6 of this article.
D. 
Upon receipt of the foregoing items, the Clerk shall validate the application, assign a license number, which shall be reserved for the sole use of the named owner, and shall issue a purebred license. Once an application has been validated, no refund therefor shall be made. The Clerk shall provide a copy of the purebred license to the owner and retain a record of the purebred license in the Town records.
E. 
No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of § 14-6 of this article, except when the new owner holds a valid purebred license.
The Dog Control Officer, or any peace officer, shall seize any unlicensed dog whether on or off the owner's premises and/or any dog not wearing a tag, not identified and not on the owner's premises as well as any dog found in violation of Subsections A through F of § 14-5 of this chapter.
A. 
If a dog seized is not wearing an identification tag (license tag), it shall be held for a period of no less than five days.
B. 
If a dog seized is wearing an identification number, the owner shall be promptly notified either in person or by certified mail. If the owner is notified in person, the dog shall be held for a period of no less than seven days; if notified by mail, no less than nine days.
C. 
Prior to releasing a dog to its owner or adopting out a dog, the Dog Control Officer shall deliver to the owner a statement of number of days the dog has been in the shelter and the costs for any veterinary care, which statement the owner shall take to the Town Clerk, to whom all fees due and owing for the shelter and veterinary care shall be paid, together with the seizure and impoundment fees pursuant to Subsection D below and any licensing fees. Whereupon the Town Clerk shall give a receipt to the owner who shall then deliver it to Dog Control Officer at which time such dog may be released to the owner.
D. 
The owner shall be responsible for redeeming the dog from the county and shall be responsible for any fees charged by the county.
E. 
If not redeemed, the owner shall forfeit all title to the dog and it shall be released for adoption or euthanasia.
Upon taking custody of any animal, the Dog Control Officer, or any peace officer, shall make a record of the matter. The record shall include date of pickup, breed, general description, sex, identification numbers, time of pickup, location where seized and name and address of owner, if any.
A. 
The Dog Control Officer of the Town shall, and all peace officers may, administer and enforce the provisions of this chapter and for that purpose shall have the authority to issue appearance tickets and to seize dogs, either on or off the owner's premises, if witnessed to be in violation of this chapter.
B. 
Penalties for offenses. Any person convicted of a violation of this chapter shall be liable for a penal penalty of $25 for a first violation; of $50 for a second violation; and $100 for each subsequent violation.