[Adopted 12-6-2010 by L.L. No. 3-2010 (Ch.
13 of the 1966 Codification)]
As used in this article, the following terms shall have the
meanings indicated:
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 Dog Control office and any other information deemed
necessary by the Town Clerk.
OWNER
Any person who harbors or keeps any dog.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant
to this article is the owner of record.
PERSON
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
RESIDENT
An individual who maintains a residence within the Town of
Lancaster.
SERVICE DOG
Per the 2010 revision to Title II of the Americans with Disabilities
Act (ADA) definition of a "service animal," is a dog that has been
individually trained to do work or perform tasks for the benefit of
an individual with a disability, including a physical, sensory, psychiatric,
intellectual, or other mental disability. Dogs that are not trained
to perform tasks that mitigate the effects of a disability, including
dogs that are used purely to provide comfort or emotional support
("therapy animals"), are considered pets.
[Added 10-21-2019 by L.L.
No. 8-2019]
The Dogs Ordinance heretofore adopted by the Town Board of the
Town of Lancaster on June 4, 1979, and known as Chapter 13 of the
Code of the Town of Lancaster, is hereby repealed effective January
1, 2011.
Any dog control officer or peace officer may seize any dog found
to be at large in violation of this article.
All licenses issued pursuant to this article, and any renewal
thereof, shall expire on the last day of the last month of the period
for which they are issued, except that no license or renewal shall
be issued for a period expiring after the day of the 11th month following
the expiration date of the current rabies certificate for the dog
being licensed. In the event an applicant for a license or renewal
presents a statement certified by a licensed veterinarian, in lieu
of a rabies certificate, then the license or renewal shall be issued
for one year from the date of the statement.
[Amended 11-19-2018 by L.L. No. 6-2018; 12-4-2023 by L.L. No. 4-2023]
A. Any dog identified, unlicensed or licensed, in custody of the Dog
Control Officer, may be delivered for adoption by the Dog Control
Officer or disposed of by euthanasia after a holding period of not
less than three days, except that where notice to the owner is given
by mail, then the holding period shall not be less than seven days.
B. Voluntary surrender.
(1) At the time the dog is surrendered to the Dog Control Officer, the
owner shall execute a consent agreeing to the surrender and further
authorizing the Dog Control Officer, using his/her discretion, to
either:
(a)
Hold the dog for a seven-day period and deliver same for adoption;
or
(b)
Dispose of the dog by euthanasia.
(2) Where the record owner surrenders a dog to the Dog Control Officer,
there shall be no redemption period applicable.
(3) The record owner of the dog shall transfer title to the Town of Lancaster
upon surrender by completing the appropriate license sections.
C. Licensing prior to releasing from custody. No dog shall be delivered
for adoption unless it has been licensed pursuant to this article
prior to its release from custody of the Dog Control Officer.
D. Fees.
(1) The fee for adoption of a dog shall be $100. This fee may be waived,
at the sole discretion of the Dog Control Officer, for good cause
shown.
(2) The fee for the voluntary surrender of a dog to the Dog Control Officer
for the purposes of adoption shall be $100. This fee may be waived,
at the sole discretion of the Dog Control Officer, for good cause
shown.
(3) There shall be a fee for the euthanasia and disposal of a dog, which
shall be in an amount equal to the cost incurred by the Dog Control
Officer in providing this service.
E. Violations. The disposition by euthanasia or delivery for adoption
of a seized dog shall not relieve any person from any violations of
this article or of the New York State Agriculture and Markets Law.
Should any section or provision of this article be decided by
any court to be unconstitutional or invalid, such decision shall not
affect the validity of the chapter as a whole or any part thereof
other than the part so decided to be unconstitutional or invalid.
This article shall constitute part of the Code of the Town of
Lancaster and shall take effect upon filing in the Office of the Secretary
of the State of New York and shall not be implemented before January
1, 2011.