The title of this chapter shall be “Licensing, Identification,
and Control of Dogs in the Town of Lansing.” Herein it may be
referred to as Local Law No. 8 of 2015, or simply as the chapter.
This chapter is adopted pursuant to Articles 7 and 26 of the
Agriculture and Markets Law of the State of New York, § 10 of
the Municipal Home Rule Law, the Statute of Local Governments, and
Town Law §§ 64 and 130. The purposes of this chapter are
to provide for the licensing and identification of dogs; to provide
for the control and protection of the dog population and the protection
of persons, property, and other animals from dog attacks and damage;
and to promote the public health, safety, and welfare of the community,
including the protection and preservation of the property of residents
of the Town and its inhabitants, and of the peace and good order therein,
by regulating and controlling activities of dogs within the Town of
Lansing and providing for enforcement thereof. This chapter shall
apply to all areas of the Town of Lansing, including the Village of
Lansing.
This chapter shall not apply to any dog confined to the premises
of any public or private hospital devoted to the treatment of sick
animals, or confined to an animal shelter devoted to the impounding
of and caring for animals. In the event that any dog owned by a nonresident
of the Town of Lansing is temporarily harbored within the Town for
a period of 90 days or less, such dog shall be exempt from the identification
and licensing provisions of this chapter, provided such dog is licensed
pursuant to the provisions of law in the owner’s area of primary
residence.
As used in this chapter, the following words shall have the
following meanings:
A&M LAW
The New York State Agriculture and Markets Law, as now written
or as hereafter amended or re-codified.
ALTERED
A dog that has been spayed or neutered.
ANIMAL CONTROL OFFICER
Any dog control officer, dog warden, any person appointed
by the Town (and any other municipality or governmental authority
with requisite jurisdiction) to enforce the terms of this chapter
or the A&M Law, and any police or peace officer acting under this
chapter or the A&M Law.
AT LARGE
Any dog that is not upon the premises of its owner or that
is in a public place (including a highway or road) whenever such dog
is not under the command and control of its owner or a responsible
adult by means of a functioning collar (or harness) and leash sufficient
to control and restrain the dog.
COMPANION ANIMAL
A companion animal as defined by law, generally including
any dog or cat, and also including any other domesticated animal normally
maintained in or near a household where the householders harbor the
animal, but not including domestic animals.
DANGEROUS DOG
Any dog that: without justification attacks a person, companion
animal, farm animal, or domestic animal and causes physical injury
or death; or that 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 special service dog and causes physical injury or death; or any
dog that otherwise meets the definition of a “dangerous dog”
as defined by law or the A&M Law (including § 123 therein).
A dangerous dog does not include a special service dog while being
used to assist one or more law enforcement officers in the performance
of their official duties.
DOG
A.
Any species of Canis lupus familiaris, Canis familiaris, or
Canis domesticus; or
B.
Any cross-breed of any domestic dog with any member of the family
Canidae (such as a wolf or coyote); or
C.
Any other canine harbored and kept as a pet in the Town.
DOMESTIC ANIMAL
Any domestic animal as defined by law, generally including
domesticated sheep, horse, cattle, fallow deer, red deer, sika deer,
whitetail, or other deer which is raised under license from the New
York State Department of Environmental Conservation, llama, goat,
swine, fowl, duck, goose, swan, turkey, confined domestic hare or
rabbit, pheasant or other bird which is raised in confinement under
license from the New York State Department of Environmental Conservation
before release from captivity, except that the varieties of fowl commonly
used for cock fights shall not be considered domestic animals under
this chapter.
FARM ANIMAL
Any farm animal as defined by law, generally including any
ungulate, poultry, species of cattle, sheep, swine, goats, llamas,
horses or fur-bearing animals raised for working, commercial, or subsistence
purposes. Fur-bearing animals shall not include dogs or cats.
HARBOR or HARBORING
To provide food or shelter, usually (but not exclusively)
upon a regular, recurring, or repeated but intermittent basis.
IDENTIFICATION TAG
A tag, medallion, or similar device issued by the Town of
Lansing, or other licensing agency, which sets forth information about
the dog and its licensing or vaccination status, such as an identification
number, the name of the municipality and such municipality’s
contact information and telephone number, and such other information
as the licensing authority requires or deems appropriate.
KENNEL or KENNELING
Refers to land uses, facilities, and the acts of any person
who owns or harbors five or more dogs on any one or more contiguous
parcels of land. Each such person shall be deemed to be operating
a public or private kennel.
NUISANCE
A.
Any condition which would reasonably be expected to be substantially
offensive and objectionable to neighbors or those using nearby properties
and roads, generally including any acts or conditions within the common
law definition of a public or private nuisance, and also including
the following:
(1)
Conditions and behaviors that promote the breeding of flies,
mosquitoes, rodents or any other animals or insects, which bite or
are commonly carriers of disease;
(2)
The presence of obnoxious odors or substances;
(3)
Excessive loud, repeated, habitual or continued barking, howling,
or whining so as to cause a reasonable person's rest to be broken,
his or her sleep to be interrupted, his or her reasonable use or enjoyment
of his home or property to be otherwise interfered with, disturbed
or diminished, or that causes a person to be otherwise harassed, annoyed,
or disturbed;
(4)
Any dog that habitually chases any person or bicycle, automobile,
horse, contrivance, or other vehicle upon any public highway or road;
(5)
Any dog that chases or otherwise harasses any person or animal
in such a manner as might reasonably cause intimidation or put said
person in reasonable apprehension of bodily harm or injury or fear
of imminent attack;
(6)
Any dog that causes damage or destruction to or upon property
that is not the property of the owner;
(7)
Any dog that is a dangerous dog that is not securely confined
at all times, or otherwise secured, managed, or handled as ordered
by any court or other tribunal of competent jurisdiction.
B.
In limitation of the foregoing enumerated definitions, when
dogs are kept and used for agricultural purposes in any agricultural
district or farm, the noises or odors of common agricultural operations
shall not be construed as being a nuisance, public or private, under
this chapter.
OWNER OF RECORD
The person purchasing the license or in whose name any dog
was last licensed. An owner of record shall be 18 years of age or
older and no minor may license a dog in the Town.
OWNER or OWNERSHIP
Any person who owns or harbors any dog or any person who
has licensed such dog. If a dog is not licensed, the term of “owner”
shall designate and cover any person who at any relevant time owns
or has custody or control of, harbors, or is otherwise responsible
for any dog that is kept, brought, or comes within the Town. Any person
harboring a dog for a period of one week shall be deemed an owner
for the purposes of this chapter. In the event that an owner of a
dog shall be a minor, each adult head of household in which said minor
resides shall be deemed to be an owner with custody and control of
said dog and responsible for any acts of said dog.
PERSON
Any public or private individual, corporation, partnership,
association or other organized group of individuals or other legal
entity.
PUREBRED DOG
A dog registered by a nationally recognized registry association.
RECOGNIZED REGISTRY ASSOCIATION
Any registry association that operates on a nationwide basis,
issues numbered registration certificates, and keeps such records
as may be required by the A&M Law or the rules and regulations
of the New York State Commissioner of Agriculture.
SPECIAL SERVICE DOG
A.
A detection dog as defined by law, generally including any dog
that is trained and actually used for detecting, or that is undergoing
training to be used for the purpose of detecting, controlled substances,
explosives, ignitable liquids, firearms, cadavers, or school or correctional
facility contraband;
B.
A guide dog as defined by law, generally including any dog that
is trained to aid a person who is blind and actually used for such
purpose, or any dog owned by a recognized guide dog training center
located within the State of New York during the period such dog is
being trained or bred for such purpose;
C.
A hearing dog as defined by law, generally including any 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 of New York during the period such dog is
being trained or bred for such purpose;
D.
A police work dog as defined by law, generally including any
dog owned or harbored by any state or municipal police department
or any state or federal law enforcement agency, that has been trained
to aid law enforcement officers and actually being used for police
work purposes;
E.
A service dog as defined by law, generally including any dog
that has been or is being individually trained to do work or perform
tasks for the benefit of a person with a disability, provided that
the dog is or will be owned by such person or that person’s
parent, guardian or other legal representative;
F.
A therapy dog as defined by law, generally including any 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 within the state during the period such dog
is being trained or bred for such purpose;
G.
A Tompkins County working dog as defined by law, generally including
any guide dog, hearing dog, service dog, working search dog, war dog,
detection dog, police work dog, or therapy dog duly licensed and wearing
a Tompkins County working dog tag;
H.
A war dog as defined by law, generally including any dog which
works for or has been honorably discharged from the United States
Armed Services;
I.
A working search dog as defined by law, generally including
any dog that is trained to aid in the search for missing persons or
actually used for such purpose; or
J.
Any other similar service dog now or hereafter defined by law
as being subject to special exemptions or rules relative to licensing,
access, service to the public, or animal behavior.
TOWN
The area within the corporate limits of the Town of Lansing,
including the Village of Lansing.
UNALTERED
Shall refer to any dog that is not spayed or neutered.
VILLAGE
The area within the corporate limit of the Village of Lansing.
When a dog is originally licensed a Town of Lansing identification
number will be assigned and an identification tag shall be issued,
which shall be worn by the dog at all times. The identification tag
will contain such information as is required by the A&M Law or
as directed by the Town Clerk. Existing A&M Law dog licenses being
renewed or transferred from another municipality shall be assigned
a Town of Lansing identification number and an identification tag
shall be issued, which shall thereafter be worn by the dog at all
times. No identification tag shall be affixed to the collar of any
dog (or otherwise worn or carried) other than the dog to which it
was assigned. Lost identification tags shall be replaced. Dogs participating
in a dog show are exempted from wearing an identification tag only
for the duration of the show.
When there is a change of address for the owner or owner of
record they shall notify the Town Clerk of such change and if still
within the Town the Town Clerk shall make the appropriate updates
to the dog license record. If outside the Town the Town Clerk shall
make a note in the record, cancel the license, and forward a copy
of the cancelled license to the clerk of the municipality to which
the owner has moved, informing said clerk that the dog now resides
in their municipality. In the event of a change in the ownership of
any dog licensed in the Town the new owner shall immediately make
application for a license for such dog. Additionally, the original
owner of record shall notify the Town Clerk of the change of ownership.
Such original owner of record shall be liable for any violations of
or under this chapter until such filing is made or until the dog is
licensed in the name of the new owner.
Any violation of or noncompliance with the requirements of this
chapter shall be a violation hereof. In addition, any owner of any
dog, or any other person who harbors or is custodian of any dog, shall
be in violation of this chapter whenever the following events occur
or are allowed to occur:
A. At large; leashing. A dog runs at large or, when not on the property
of the owner or other person harboring or having custody or control
of the dog; a dog is not properly restrained by a person capable of
handling such dog and an adequate collar and leash (or harness). No
such leash shall exceed eight feet in length. However, dogs engaged
in hunting, and training as authorized under the New York State Environmental
Conservation Law, including with respect to the lawful acts of hunting,
flushing, and retrieval, shall not be deemed at large when in the
presence of their owner or trainer.
B. Noise. A dog engages in excessive loud, repeated, habitual or continued
barking, howling, or whining so as to cause a reasonable person’s
rest to be broken, his or her sleep to be interrupted, his or her
reasonable use or enjoyment of his home or property to be otherwise
interfered with, disturbed or diminished, or that causes a person
to be otherwise harassed, annoyed, or disturbed.
C. Damage or destruction of property. A dog causes damage or destruction
to property, or defecates, urinates, or otherwise commits a nuisance
other than upon the premises of the person owning or harboring such
dog.
D. Chasing, harassing, or worrying; attacks. When not on the premises
of the person owning or harboring such dog, a dog:
(1) Chases or otherwise harasses any person in such a manner as reasonably
to cause intimidation to such person, to put such person into reasonable
apprehension or bodily harm or injury, or to cause such person to
fear an imminent attack; or
(2) Chases, barks at, leaps on, or otherwise attacks any bicycle, motorcycle,
motor wagon, carriage, or any other vehicle or device used by persons
for travel or as a conveyance, or any riders or occupants thereof,
or horse, including any rider thereon, or other animal.
E. Nuisances. Any nuisance is allowed or created.
F. Required identification tag. A dog is not wearing a current valid
Town dog license identification tag, unless exempt from this requirement,
or unless:
(1) Such dog is only temporarily within the Town and such dog’s
or owner’s presence is transitory in nature, such as an overnight
stay at a hotel, a tourist visit of limited and short duration, participation
in a dog show, or participation in training as a special service dog;
(2) Such dog is owned by a resident of New York City and is licensed
by the City of New York, but only for the first 90 days such dog is
first harbored within the Town; or
(3) Such dog is owned by a nonresident of New York State and is licensed
by a foreign jurisdiction, but only for the first 90 days such dog
is first harbored within the Town.
G. Redemption. Any dog is not redeemed within five days after a notice
of seizure is given to the owner.
H. False identification tags and information. Any dog displays or wears
any false or improper identification tag, or one as belongs to another
dog, or if any dog is the subject of any false or misleading information
provided upon any license or form, or to any Animal Control Officer
or any other official or employee of the Town or Village.
I. Orders and restraints; dangerous dogs. A dog is not confined or restrained
in accord with any lawful order of any court, or any other condition
or requirement attaches by lawful court order to the keeping, ownership,
or harboring of any dog and such condition or requirement is unmet
or breached, or an owner or owner of record of any dangerous dog does
not provide notice of relocation or any change in residency, the location
of the harboring, or the ownership of any dangerous dog.
If any domestic animal, farm animal, or companion animal is
injured or killed as a result of being attacked, chased, or worried
by any dog, the owner of said dog shall be liable to claims for such
damages. The owner of such injured or killed animal may make a complaint
to the Animal Control Officer, who shall proceed pursuant to the dangerous
dog rules of the A&M Law. In no event shall the Town, Village,
or Tompkins County be liable for any damage done by any dog.
The determination of a dangerous dog and the prosecution of
special proceedings in relation to dangerous dogs shall be in accord
with A&M Law Article 7 and, as applicable, Article 4 of the Civil
Practice Law and Rules. In the event that a dog is determined to be
a dangerous dog, the court shall give notice to the Town Clerk of
such determination and a note will be made in the dog’s record.
Additionally, the Town Clerk shall notify the Village Clerk, the Animal
Control Officers, local and county law enforcement and emergency services
personnel, of such determination. All requirements as to confinement,
control, and notices as to such dangerous dog and its movement and
location shall be strictly adhered to by each owner and all owners
of record. If an insurance policy insuring against damages to persons
and property by any dangerous dog is required by any court order or
similar adjudication, such owner or owner of record shall supply proof
of annual renewal of such policies as comply with the A&M Law
and such court order or other adjudication, and the failure to promptly
and timely supply the same shall be a violation of this chapter and
shall require the immediate impoundment of such dangerous dog. All
other facilities and devices ordered to be built, implemented, or
used in relation to dangerous dogs shall be periodically inspected
by the Animal Control Officer to help ensure continued use and compliance.
No action may be asserted or maintained against the Town, the
Village, or any Animal Control Officer, or against any persons lawfully
authorized by the Town when performing duties pursuant to this chapter
or A&M Law, to recover the possession or value of any dog, or
for damages for injury to or compensation for the seizure, adoption,
treatment, transfer, euthanasia, or destruction of any dog.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If any part or provision of this chapter or the application
hereof to any person or circumstance be adjudged invalid or unenforceable
by any court or tribunal of competent jurisdiction, such judgment
shall be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons or circumstances, and the Town Board hereby declares that
it would have passed this chapter or the remainder hereof had such
invalid application or invalid provision been apparent or omitted.
All nouns and pronouns shall be construed in the singular, plural,
masculine, feminine, or neutered context when the provisions hereof
so demand or admit. Words shall have their defined meanings and all
words shall have standard meanings as applied within the context of
the clause in which such terms appear. Subject headings are for convenience
and shall not be construed or applied to limit or restrict the subject
matter and terms appearing under such subject heading. Whenever any
reference is made to any section of law or regulations, such reference
shall be interpreted to include such law or regulation as later amended,
renumbered, or re-codified, and a mere typographical citation error
shall not be given effect.