[HISTORY: Adopted by the Town Board of the Town of Macedon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-9-2010 by L.L. No. 1-2010 (Ch. 38, Art. I, of the 1996 Code)]
This article shall be known as the "Dog Licensing and Control
Ordinance" of the Town of Macedon, Wayne County, New York.
The purpose of this article shall be to preserve the public
peace and good order in the Town of Macedon and to contribute to the
public welfare, safety and good order of its people by establishing
certain regulations providing for the licensing and identification
of dogs, the control and protection of the dog population and the
protection of persons, property, domestic animals and deer from dog
attack and damage.
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.
A.
All terms not specifically defined herein shall have the meaning
assigned to such terms within § 108 of the New York Agriculture
and Markets Law.
B.
ADOPTION
AGRICULTURE AND MARKETS LAW
AT LARGE
CLERK
DANGEROUS DOG
(1)
(2)
(3)
DOG WARDEN or DOG CONTROL OFFICER
DOGS
EUTHANIZE
HARBOR
IDENTIFICATION TAG
LEASHED or RESTRAINED BY A LEASH
OWNER
PACK
POLICE WORK DOG
RECOGNIZED REGISTRY ASSOCIATION
UNDER VOICE CONTROL
WAR DOG
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.
An unleashed dog off the premises of the owner.
The Clerk of the Town of Macedon.
Any dog which:
Without justification attacks a person, companion animal, farm
animal, or domestic animal, as such animals are defined under the
New York Agriculture and Markets Law, 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 physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
Without justification attacks a service dog, guide dog or hearing
dog and causes physical injury or death. Does not include a police
work dog which acts in the manner described in this definition while
such police work dog is being used to assist one or more law enforcement
officers in the performance of their official duties.
A person or persons appointed by the Town Board of the Town
of Macedon to assist in the enforcement of this article, and for the
purposes of and during the enforcement of this article only, such
a dog warden is deemed to be a peace officer.
Any member of the species canis familiaris.
To bring about death by a humane method.
To provide food 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.
The dog is equipped with a collar or harness to which is
attached a leash, such collar or harness and the leash to be 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 by means of the
collar or harness and the leash.
Includes any person who owns, keeps, harbors or has the care,
custody and control of a dog. Dogs owned by persons under the age
of 18 shall be deemed to be in the custody and control of parents
or other head of the household where the minor resides.
Three or more dogs running together or in any manner forming
a group of dogs.
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work purposes.
Any nationally recognized breed association qualifying under
Article 7 of the New York Agriculture and Markets Law.
The dog is no more than 40 feet distant from the person in
control of the dog and the dog has been fully trained to obey commands
of said person to heel.
Any dog which has been honorably discharged from the United
States armed services.
A.
Licensing of dogs. All dogs within the Town of Macedon 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 Macedon. 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.
B.
Purebred licenses. The owner of one or more purebred dogs registered
by a recognized registry association may annually make application
for a purebred license, in lieu of or in addition to the individual
licenses required by this article. The owner of each dog required
to be licensed shall obtain, complete and return to the Town Clerk
a dog purebred license application together with the license application
fee, any applicable license surcharges, and such additional fees as
may be established by the Town of Macedon. 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 Macedon, humane society or
dog protective association are exempt from the licensing requirements
set forth herein. The Town of Macedon 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 written notice of individuals adopting dogs from
their facility for harboring within the Town of Macedon to the Town
Clerk, and such list shall be provided no less frequently than monthly.
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.
(5)
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no additional charge. Any replacement
tag shall be at the owner's expense, the charge to be determined by
the Town.
E.
Grace period. A dog harbored within the Town of Macedon 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 Macedon, 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 file a written report of such change with
the Town Clerk.
A.
General. All dogs in the Town of Macedon are hereby required to be
restrained by a leash while off the owner's premises, whether such
dogs are or are not tagged or licensed; provided, however, that dogs
are permitted to be unleashed while off the owner's premises when
under voice control of its owner or any member of the owner's household
or when on the premises of another person with such person's consent
or when hunting in company with a hunter or hunters, and no person
who owns, keeps, harbors or has the care, custody or control of any
dog in the Town of Macedon shall permit such dog to be at large or
unleashed in said Town, except as permitted by this article.
B.
Dangerous dogs. The owner of any dog which is vicious or dangerous
to persons shall at all times restrain and control such dog so as
to prevent injury to persons lawfully conducting themselves, and so
as to prevent such dogs from putting any person lawfully conducting
himself in fear of immediate bodily harm. The owner shall also restrain
and control such dog so as to prevent it from running at large with
a pack of other dogs and from chasing automobiles, moving vehicles,
other animals and children.
C.
Female dogs. Any female dog shall be confined to the premises of
the owner while such female dog is in season.
D.
Nuisance. The owner of a dog shall not permit such dog, even though
leashed, to commit any nuisances within the Town of Macedon. The following
are declared public nuisances and are set forth herein for explanatory
purposes only and are not to be considered as excluding other types
of nuisances:
(1)
Engaging in loud howling, whining or habitual barking or so conducting
itself so as to disturb the public peace.
(2)
Chasing and/or barking at moving vehicles or persons on foot or bicycle.
(3)
Jumping upon any person or knocking any person over.
(4)
Being found upon any school grounds or upon a playground during the
time of year and time of day when said playground activities are conducted.
(5)
Running together in a pack or in any manner forming a pack of dogs.
E.
Property damage. The owner of a dog shall not permit such a dog,
even though leashed, to do any of the following acts:
(1)
Enter public buildings, restaurants, stores or cemeteries, except
service animals properly trained to assist disabled persons when such
dogs are necessary and actually being used by such disabled persons
for the purposes of aiding them.
(2)
Damage or deface property not belonging to the owner of the dog.
(3)
Deposit waste or commit a nuisance on the private property of a person
or party other than that of the owner of the dog.
F.
Waste on public property. Any person owning, harboring, walking or
in charge of a dog that defecates on any park or property owned by
the Town shall remove all feces immediately after it is deposited
by the dog. All feces removed in accordance with this section shall
be disposed of in a sanitary manner. This section shall not apply
to any blind person accompanied by a guide dog or to a dog used to
assist any other physically handicapped person.
A.
Any peace officer or Dog Warden of the Town of Macedon 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 of the owner's premises.
B.
Any peace officer or Dog Warden of the Town of Macedon shall seize
any dog:
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 and provisions of this article.
D.
If any dog is in violation of § 119-5 or § 119-6 or § 119-7 and the dog is wearing a license tag, the Dog Warden 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 Dog Warden or peace officer may seize any dog found in violation of § 119-5 or § 119-6 or § 119-7 and shall give immediate written notice of such seizure to the owner or adult member of the family.
E.
Each dog seized which is not identified, whether or not licensed,
shall 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 to the Town Clerk proof the dog is licensed and identified
and pays a fee of $20 for the first impoundment; a fee of $40 for
the second impoundment; and a fee of $70 for the third and subsequent
impoundments, plus any applicable license surcharges. 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, and is not redeemed, the owner shall forfeit all title to the dog, and the dog shall be put up for adoption or caused to be destroyed by the impoundment facility. The impoundment facility that destroys the 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.
Potentially rabid dogs.
(1)
The Dog Warden or any peace officer is hereby authorized to seize
or direct the confinement of any dog which is reported to have attacked
or injured a human being. Any such dog shall be confined by the owner
for such length of time as may be necessary for the purposes of determining
whether such dog is affected by rabies, and if so affected, it may
be destroyed.
(2)
The owner of such dog shall, upon demand, deliver the possession
of such dog to the Dog Warden, or any officer authorized to seize
the same, and shall, upon demand, pay to the Town of Macedon the cost
of such confinement and treatment or destruction of the dog.
H.
Complaints.
(1)
Any person who observes or has knowledge of a dog violating any section
of this article may file a complaint under oath with the Justice of
the Town of Macedon specifying the objectionable conduct of the dog,
the date thereof, the damage caused, a description of the dog, and
the name and address, if known, of the owner or other person harboring
the dog.
(2)
Upon receipt by said Justice of any complaint against the conduct
of any particular dog, said Justice may summon the alleged owner or
other person harboring said dog to appear in person before him or
her; if the summons is disregarded, said Justice may permit the filing
of an information and issue a warrant for the arrest of such person.
J.
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 Macedon shall have jurisdiction of
all actions and proceedings hereunder and of all prosecutions for
the violation of this article.
The violation of any provision of this article shall be deemed
an offense under this article, and each separate offense shall constitute
a separate additional violation. Any person convicted of a violation
of this article shall be liable for a fine of not less than $25 for
a first violation; not less than $50 for a second violation; and not
less than $100 for each subsequent violation. 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.
Fees shall be set by resolution of the Town Board of the Town
of Macedon. Pursuant to New York Municipal Home Rule Law § 10
and New York Agriculture and Markets Law § 110, by the adoption
of this article, the Town of Macedon, County of Wayne, hereby authorizes
the Town Board of the Town of Macedon, County of Wayne, to establish,
by resolution, a schedule of dog license fees, enumeration fees and
tag replacement fees. The Town Board of the Town of Macedon, County
of Wayne, may exercise this authority as needed hereafter by resolution.
The provisions 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.