[HISTORY: Adopted by the Town Board of the
Town of Dayton 11-9-2010 by L.L.
No. 3-2010.[1] Amendments noted where applicable.]
This chapter shall be known as the "Town of Dayton Dog Control
Law."
The Town of Dayton finds that the running at large, unleashed
and other uncontrolled behavior of dogs has caused physical harm to
persons, damage to property and created nuisances within the Town
of Dayton. The purpose of this chapter shall be to preserve the health,
safety, and well-being of all persons and property, and contribute
to the preservation of the public peace, welfare and good order in
the Town of Dayton. This chapter shall provide for the licensing,
identification, control and protection of the dog population and the
protection of persons, property, domestic animals, and deer from dog
attack and damage; it provides for the enforcing of certain regulations
and restrictions on the activities of dogs, which becomes effective
January 1, 2011, and the rights and privileges of the owners of dogs
as well as other citizens in the Town of Dayton.
This chapter is enacted pursuant and consistent with the provisions
of Article 7, §§ 122.1 and 122.2(a), (b), (c), of the
New York State Agriculture and Markets Law, titled "Licensing, Identification
and Control of Dogs," effective January 1, 2011. This chapter shall:
A.
Apply to all areas of the Town of Dayton;
B.
If any dog owned by a nonresident of this state is harbored within
this state, such dog shall be exempt from the identification and licensing
provisions for a period of 30 days, provided such dog is licensed
pursuant to the provisions of law of the area of residence;
C.
Not apply to any dog confined to premises of any public or private
hospital dedicated to the treatment of sick animals, or confined to
the premises of any college or other educational research institution
for the purposes of research;
D.
Not apply to any dog confined to the premises of any person, firm,
or corporation actively engaged in the business of breeding or raising
dogs for profit and licensed as a Class A dealer under the Federal
Laboratory Animal Welfare Act;
E.
Control dangerous dogs in a no less stringent manner than is defined
in Article 7 of the New York State Agriculture and Markets Law, and
any other subsequent amendments to same.
As used in this chapter, the following terms shall have the
meanings indicated:
The delivery to any person 18 years of age or older, for
the purpose of harboring any dog seized or surrendered.
Any dog that is unleashed and on property open to the public,
or is on private property not owned or leased 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:
Accompanied by and under the immediate supervision and control
of the owner or other responsible person;
A police work dog in use for police work; or
Accompanied by its owner or other responsible person and is
actively engaged in hunting or training for hunting on unposted land
or on posted land with the permission of the owner of the land.
IDENTIFIED DOGAny dog carrying an identification tag as required by this chapter.
GUIDE DOGAny dog that is trained to aid a blind person or any dog owned by a recognized guide dog training center located within the state during the period such dog is being trained or bred for such purpose.
POLICE WORK DOGAny 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.
WAR DOGAny dog which has been honorably discharged from the United States Armed Services.
HEARING DOGAny 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 during the period such dog is being trained or bred for such purpose.
SERVICE DOGAny dog that has been or is being individually trained to work or perform tasks for the benefit of a person with a disability, provided that the dog will be owned by such person or that person's parent, guardian or legal representative.
WORKING SEARCH DOGAny dog that is trained to aid in the search for missing persons, and actually used for such purpose and is registered with the Department; provided that such services provided by said dog shall be performed without charge or fee.
THERAPY DOGAny 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 in the state during the period such dog is being trained or bred for such purpose.
DETECTION DOGAny dog that is trained and is actually used for such purposes or is undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband.
DANGEROUS DOGAny dog which without provocation attacks a person, companion animal, farm animal or domestic animal as defined in Section 350, (4), (5), (7),[1] and causes physical injury or death, or behaves in a manner
which a reasonable person would believe poses an unjustified imminent
threat of serious physical harm, 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.
The Town Clerk of the Town of Dayton where licenses are validated
or issued.
The state commissioner of New York State Agriculture and
Markets.
Any member of the canis familiaris species.
Any individual appointed by the Board of the Town of Dayton
or any authorized agent, officer, or employee of an incorporated humane
society, or similar incorporated dog protective association under
contract with the Town of Dayton to assist in the enforcement of this
chapter.
Any domesticated sheep, horse, cattle, fallow, red, silka
and/or whitetail deer which are raised under license from state DEC
(Department of Environmental Conservation), llama, goat, swine, fowl,
duck, goose, swan, turkey, confined hare or rabbit, pheasant or other
bird/fowl raised in confinement under license from state DEC before
release from captivity, except fowl commonly used for cock fights
shall not be considered domestic animals.
To bring about death by a humane method.
To provide food and/or shelter to any dog.
A tag issued by the Town Clerk of the Town of Dayton which
sets an identification number, name and telephone number of Town of
Dayton, State of New York, and any such contact information as the
Town deems necessary.
Town of Dayton or any county, town, city or village.
Any person who harbors or keeps any dog.
The person whose name any dog was last licensed. If any dog
found in violation of this chapter is owned by a person less than
18 years of age, the parent or guardian of such person (or head of
the household in which the person resides) shall be deemed to be the
owner of record or responsible party.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
Any person with a disability as defined in § 292,
Subdivision 21, of the Executive Law.
Impairment of physical condition or substantial pain.
A registry association that issues numbered registration
certificates and keeps such records as may be required by the Commissioner.
Physical injury which creates a substantial risk of death,
or which causes death or serious or protracted disfigurement, protracted
impairment of health or protracted loss or impairment of the function
of any bodily organ.
[1]
Editor's Note: See Section 350 of the Agriculture and
Markets Law of New York State.
Pursuant to the provisions of this chapter and/or the provisions
of New York Agriculture and Markets Law Article 7:
A.
It shall be unlawful for any owner of any dog to permit or allow
such dog in the Town of Dayton to:
(1)
Be at large; unleashed, unsupervised or uncontrolled at any time.
(2)
Engage in habitual loud howling, barking, crying, or whining or to
conduct itself in such a manner so as to unreasonably and habitually
annoy any person.
(3)
Cause damage or destruction to property, or commit a nuisance by
defecating or urinating upon the premises of persons other than those
of the owner of such dog.
(4)
Actively chase, harass or behave in a menacing or intimidating manner
which would cause reasonable apprehension of injury or bodily harm
to any person.
(5)
Habitually chase, bark, or run alongside of bicycles or motor vehicles.
(6)
Be unlicensed. Mandatory age is four months old and have a valid
rabies vaccination.
(7)
Suffer or permit any dog to attack any person and/or animal peacefully
conducting himself in any place where such persons and/or animals
may lawfully be.
(8)
Be kept or suffer to be kept any dog which maims, attacks or kills
another dog, cat or farm animal.
B.
It shall be unlawful for:
(1)
Any owner to fail to license any dog.
(2)
Any owner to fail to have any dog identified as required by this
chapter.
(3)
Any person to knowingly affix to any dog any false or improper identification
tag, special identification tag for identifying guide, service or
hearing dogs or purebred license tag.
(4)
Any owner or custodian of any dog to fail to confine, restrain or
present such dog for any lawful purpose pursuant to this chapter.
(5)
Any person to furnish false or misleading information on any form
required to be filed with the Town of Dayton pursuant to the provisions
of this chapter or rules and regulations promulgated pursuant thereto.
(6)
Any owner of a dog to fail to notify the Town of Dayton in which
the dog is licensed of any change in ownership, residence address
or death.
C.
It shall be the duty of the Dog Control Officer of the Town of Dayton
to bring action against any person who commits any violation set forth
in this chapter of the Town of Dayton either by prosecution under
penal law or to commence an action to recover a civil penalty in accordance
with Article 7 of the Agriculture and Markets Law, effective January
1, 2011.
A.
Application for a dog license shall be made immediately to the Town
Clerk of the Town of Dayton by an owner of any dog reaching four months
of age. No license shall be required for any dog under four months
of age and which is not at large, or is residing in a pound or shelter
maintained by contract or agreement with the state, county, or Town;
or a duly incorporated society for the prevention of cruelty to animals,
humane society; or dog protective association; or is otherwise exempted.
B.
Each license application shall state the sex, actual or approximate
age, breed, color and municipal identification number and any other
identification marks, if any, and include the name, address, telephone
number, county, town, city or village of the owner's residence.
C.
Each application must be completed, accompanied with proof that the dog has been vaccinated against rabies (a rabies certificate), or a statement from a licensed veterinarian that such vaccination would endanger the dog's life, the license fee prescribed in § 67-15 of this chapter, and returned to the Town Clerk of the Town of Dayton.
D.
Every application for license of a spayed or neutered dog must include
a certificate by a licensed veterinarian or an owner-signed affidavit
indicating the dog has been spayed or neutered. This shall not be
required if a certificate is already on file with the Town of Dayton
Town Clerk or Dog Control Officer or, in lieu of the spay or neuter
certificate, a licensed veterinarian statement of examination found
that due to old age or other reason, the life of the dog would be
endangered by spaying or neutering.
E.
Upon validation by the Town Clerk of Town of Dayton the application
shall become a license.
F.
A license shall be issued or renewed for one year except no license
shall be issued for a period expiring after the last day of the 11th
month following the expiration date of the current rabies certificate.
G.
All licenses shall expire on the last day of the last month of the
period for which they are issued and shall not be transferable.
H.
The Town Clerk of Town of Dayton shall provide a copy of the license
to the owner; retain a record of the license that shall be made available
upon request of the Commissioner for purposes of rabies and other
animal disease control efforts or actions.
I.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog.
J.
Each dog licensed shall be assigned, at the time the dog is first
licensed, a Town of Dayton identification number. Such identification
number shall be carried by the dog on an identification tag which
shall be affixed to a collar on the dog at all times.
K.
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which that number has been
assigned.
L.
In the event of a death or change of ownership and/or address of
the owner of record of any dog or if any dog is lost or stolen which
has been licensed in accordance with this chapter, the owner of record
shall, within 10 days of such change, file with the Town Clerk of
the Town of Dayton a written report of such change. The owner of record
shall be liable for any violation of this chapter until change of
ownership or address of the owner of record is filed, or the dog is
licensed in the name of the new owner. In the case of loss or theft,
the owner or record of any such dog shall not be liable for any violation
of this chapter committed after such report is filed.
A.
The Town of Dayton shall appoint a Dog Control Officer or officers
as needed pursuant to the appropriate statutes of the State of New
York, or may contract for dog control services with another municipality
or with an incorporated humane society or dog protective organization.
In the event of such contracted relationship, the employees or agents
of such organization shall have the authority of the Town's Dog
Control Officer as set forth in this chapter.
B.
It shall be the duty of such Dog Control Officer or officers of the
Town of Dayton to enforce the appropriate provisions of the Agriculture
and Markets Law with respect to dogs in the Town of Dayton, and to
enforce this chapter.
C.
The Dog Control Officer or officers of the Town of Dayton shall seize
any dog which is found to be in violation of any portion of this chapter
as well as any dog or dogs otherwise required to be seized under and
by the virtue of the Agriculture and Market Law of the State of New
York.
D.
The Dog Control Officer or officers shall be empowered to issue appearance
tickets, to serve summons and to serve and execute any other order
or process in the execution of the provisions of this chapter pursuant
to § 113.3 of the Agriculture and Markets Law and § 150.20
of the Criminal Procedure Law.
Pursuant to Article 7, § 114, of the Agriculture and
Markets Law, the Town of Dayton Board may, by resolution of said Board,
contract for shelter services with any other municipality or with
an incorporated humane society or similar incorporated dog protective
association, or shall establish and maintain, jointly or with one
or more municipalities, a pound or shelter.
A.
Any dog found in violation of the provisions of § 67-5 of this chapter may be seized pursuant to the provisions of Article 7, § 117, of the Agriculture and Markets Law, effective January 1, 2011.
B.
The Town Board of the Town of Dayton in accordance with the authorization
set forth in the Agriculture and Markets Law, Article 7, § 117.4,
establishes the redemption period for unidentified dogs seized to
be three days from the day seized during which period the dog may
be redeemed by its owner, provided that owner produces proof that
dog has been licensed, and identified pursuant to this chapter and
the owner pays the impoundment fees.
C.
The Dog Control Officer shall notify owner of record of any identified
dog seized either in person or by certified mail, return receipt requested,
in accordance with the provisions of Agriculture and Markets Law,
Article 7, § 117.6. Where the owner is identified and notified
personally, or notified by certified mail, identified dogs shall be
held for seven days after the date of personal notice or after mailing
of notice by certified mail, during which time the dog may be redeemed
by the owner.
D.
Seized dogs may be redeemed by producing proof of licensing and identification
pursuant to the provisions of Article 7 of the Agriculture and Markets
Law and by paying the impoundment fees set forth in this chapter effective
January 1, 2011.
E.
Every dog seized shall be properly cared for, sheltered, fed and
watered at the expense of the Town of Dayton for the redemption periods
set forth in this chapter pursuant to Article 7, § 117,
of the Agriculture and Markets Law.
F.
The Town of Dayton sets the impoundment fees as follows:
(1)
$10 for the first 24 hours or part thereof, and $10 for each additional
24 hours or part thereof, for the first impoundment of any dog owned
by that person;
(2)
$20 for the first 24 hours or part thereof, and $10 for each additional
24 hours or part thereof, for the second impoundment within one year
of the first impoundment, of any dogs owned by that person;
(3)
$30 for the first 24 hours or part thereof, and $10 for each additional
24 hours of part thereof, for the third and subsequent impoundments,
within one year of the first impoundment, of any dogs owned by that
person.
G.
If the owner of any unredeemable dog is known or becomes known, such
owner shall be required to pay the impoundment fees set forth in this
chapter, whether or not such owner chooses to redeem his or her dog,
and will also be required to reimburse the Town for any cost of euthanizing
said dog.
H.
The owner of any dog not redeemed at the expiration of the appropriate redemption period shall forfeit title to the dog and the dog shall be made available for adoption or euthanized pursuant to the provisions Article 7, § 117, Subsections 6, 8 and 9, of the Agriculture and Markets Law and § 67-7 of this chapter. The Town of Dayton Town Clerk must receive a written report of the disposition and/or destruction of any dog seized and a record shall be filed and kept.
I.
No liability in damages or otherwise shall be incurred on account
of the seizure, euthanization or adoption of any dog pursuant to the
provisions of this chapter.
Any person who observes a dog in violation of this chapter may
file a complaint under oath with the Dog Control Officer of the Town
of Dayton specifying the nature of the violation, the date thereof,
a description of the dog, name and residence of the owner, if known,
of such dog. Such complaint may serve as the basis for enforcing the
provisions of this chapter or violations of Article 7, § 118,
of the Agriculture and Markets Law effective January 1, 2011.
Any Dog Control Officer, peace officer, acting pursuant to his/her
special duties, while in the employ of or under contract to the Town
of Dayton, or a police officer observing a violation of this chapter
in his/her presence, and having reasonable cause to believe that a
owner or person has violated this chapter, shall issue and serve upon
such person an appearance ticket and information for such violation.
Upon receipt by the Town of Dayton Justice of an appearance
ticket with information or complaint regarding the conduct of any
particular dog, the alleged owner or other person harboring said dog
is required to appear in person before the Town Justice. Disregard
for the appearance ticket may result in an order by the Town of Dayton
Justice to issue a warrant for the arrest of such person.
A.
Any person harboring a dog for a period of two weeks prior to any
violation of this chapter shall be held to be the owner of the said
dog.
B.
The term "person" as used in this section shall mean any person who
owns, keeps, harbors, or has the care, custody or control of a dog.
C.
Dogs owned by minors shall be deemed to be in the custody and control
of the minor's parents, guardians, or head of household where
the minor resides.
D.
Owners of dogs that have died, or transferred to a new owner, lost,
stolen or have a change of address must notify the Town of Dayton
Clerk in writing within 10 days of the occurrence, pursuant to Article
7, § 112, of the Agriculture and Markets Law.
A.
Except as otherwise provided in Article 7, § 118.2, a,
b, of the Agriculture and Markets Law, any person convicted of a license
violation of this chapter shall be liable to a civil penalty of $25
for a first violation, $50 for a second violation within five years,
and $100 for three or more violations within five years or imprisonment
for not more than 15 days or both.
B.
Except as otherwise provided in § 119 of the Agriculture
and Markets Law, any person violating any other provisions of this
chapter shall be punishable, upon conviction, by a fine of no more
than $250 or imprisonment for not more than 15 days, or both.
A.
Pursuant to Article 7, § 110(4), of the Agriculture and
Markets Law, the Town of Dayton hereby establishes a lost tag fee
of $3.50.
B.
The total fee for all spayed or neutered dogs shall be $6 plus $1,
New York State surcharge, per annum; the total fee for all unspayed
or unneutered dogs shall be $14 plus $3, New York State surcharge
per annum.
C.
Dogs as described in Article 7, § 110, Subdivision 3, of
the Agriculture and Markets Law, any guide, hearing, service, war,
working search, detection, police and therapy dogs, shall be exempted
from license fees.
D.
In addition to the license fee imposed by this chapter, each applicant
for a dog license shall pay a one-time fee of $8 the first time the
dog is licensed with the Town of Dayton, which shall be retained by
the Town of Dayton and used to defray the cost of an enumeration of
dogs living within the Town of Dayton.
E.
No refunds will be issued for any dog license.
F.
The current fees, charges and fines as established by the Dayton
Town Board are subject to change by resolution and a new attachment
will be added each time a change is made.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein, and if any provision shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
This chapter shall supersede all prior local laws, local law,
rules and regulations relative to the control of dogs within the Town
of Dayton and they shall be null and void, upon the effective date
of this chapter.
This chapter shall take effect January 1, 2011.
