[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.
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.
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.
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.