[HISTORY: Adopted by the Town Board of the Town of Amherst
as indicated in article histories. Amendments noted where applicable.
For additional information regarding 2010, 2011 and 2012 state local
law numbers, refer to the Disposition List at the end of this volume.]
[Adopted 5-20-1974 by L.L. No. 2-1974; amended in its entirety 8-19-2019 by L.L. No. 16-2019]
This article is to promote the health, safety and general welfare
of the people of the Town of Amherst, New York, including the protection
of the property of the Town and its inhabitants, to preserve peace
and good order by imposing restrictions upon the keeping and running
of dogs within the Town and to set license fees.
In the Town of Amherst, New York, outside the Village of Williamsville:
A.
No person, firm or corporation shall, except where permitted by the applicable zoning ordinance, own, keep, harbor, or maintain the care, custody or control of livestock except for chickens regulated by Chapter 203, § 6-8-9(B).
B.
No person, firm or corporation owning, keeping, harboring or having
the care, custody or control of any dog shall allow or permit such
dog to be off the premises of such person, firm or corporation in
the Town of Amherst, New York, outside the Village of Williamsville,
unless restrained by a chain or leash, including retractable leashes,
not exceeding six feet in length and under the control of a responsible
person, except as designated by the Town of Amherst in duly authorized
and posted dog parks. Whenever a dog is found off the premises of
the person, firm or corporation owning, keeping, harboring or having
the care, custody or control of such dog not restrained as above provided,
it shall be presumed that such person, firm or corporation permitted
or allowed such dog to be off such premises in violation of this section.
C.
No person, firm, company or corporation shall keep, suffer, permit
or allow to be kept on the premises owned or occupied by such person,
firm, company or corporation any dog or dogs which create any unreasonably
loud or disturbing noise, such as repeated or continual barking, howling
or whining, so as to be detrimental to the life, health, safety or
welfare of any individual.
(1)
Any person, firm, company or corporation who shall do so shall be
in violation of this article and subject to a fine of not more than
$500.
(2)
In determining whether any such noise is unreasonably loud or disturbing,
due consideration shall include, but not limited to, the following
factors:
(a)
The loudness of the noise, as scientifically measured, or otherwise.
(b)
The intensity of the noise, as measured by intervals.
(c)
The quality of the noise, as measured by pitch or tone.
(d)
The duration of the noise, as measured by time.
(e)
The composition of the noise, as measured by the number of offending
dogs.
(f)
The time of day or night, of the noises.
(g)
The proximity of the origin of such noise to the complainant,
measured in distance.
(3)
Repeated violations of this article are prohibited and may be deemed
a public nuisance, which the Town Attorney is hereby authorized to
pursue an abatement of in an appropriate court of law.
D.
No person, firm or corporation owning or occupying a premises on
which a dog is kept shall permit such premises to be unclean or unsanitary.
E.
No person shall hinder, resist or oppose any police officer, Animal
Control Officer or employee or representative of the Town in his performance
of his duties under this article.
F.
Feces.
(1)
No person owning, harboring, keeping, walking or in charge of any
dog shall cause, suffer or allow such dog to soil, defile, defecate
on or commit any nuisance on any sidewalk, gutter, street, play area,
park or other public area or on any private property without the permission
of the owner of such property. This prohibition shall not apply to
that portion of a street lying between the curblines or pavement edges
where no curbs exist, which portion may be used to curb a dog, provided
that any person who so curbs a dog shall immediately remove all feces
left by such dog as follows:
(a)
Individuals may place feces directly in a public or private
sanitary sewer through deposit in a toilet on premises occupied by
the individual owning or who curbs the dog. Plastic bags shall not
be disposed of in a public or private sanitary sewer through deposit
into a toilet along with any dog feces. Individuals may also dispose
of dog feces contained in sealed plastic bags with regular household
trash. Business entities must dispose of dog feces using a sanitary
sewer system through deposit in a toilet on premises occupied by that
business.
(b)
In no event shall any feces be deposited in any storm sewer
or drainage ditch.
(2)
Exclusion. The provisions of this subsection shall not apply to a
guide dog accompanying any blind person.
Article 7 of the Agriculture and Markets Law shall be applicable
in addition to the provisions of this article.
As used in this article, the following terms shall have the
meanings indicated:
Any dog of either sex.
The meaning of the term "livestock" as used in this article
is confined to the ordinary use of the word and includes domestic
animals ordinarily raised for food or product. The term includes the
following animals, regardless of the purpose for which each may be
owned:
All animals with hooves, either single or split;
All members of the ovine (sheep), bovine (cows and cattle),
caprine (goats), equine (horses and ponies), and swine (pigs and hogs)
families;
Emus, rheas and ostriches; and
All poultry (chickens, roosters, turkeys, ducks, geese and the
like).
In the event that the owner of a dog shall be a person under
the age of 18 years, then the head of the household in which said
person resides shall be deemed to have custody and control of the
dog for the purposes of this article.
A.
This article shall be enforced by members of the Police Department,
the Animal Dog Control Officers or any other Town agent or employee
hereafter designated by the Town Board for that purpose.
B.
The Animal Control Officers and other Town agents or employees as
may hereafter be designated by the Town Board are authorized to issue
and serve appearance tickets upon any person, firm or corporation
who or which has committed a violation of this article in his presence.
C.
For the purpose of discharging the duties imposed by this article
and the provisions of Article 7 of the Agriculture and Markets Law,
each member of the Police Department, Animal Control Officer or any
other Town agent or employee hereafter designated by the Town Board
for these purposes is authorized and directed to enter upon any premises
upon which any dog is kept or harbored and to demand the exhibition
by the person owning or having charge or control of such dog of the
identification or purebred license tag for such dog.
D.
Violations set forth in Subdivision 1 of § 118 of the Agriculture
and Markets Law shall be prosecuted as such under the Penal Law.
E.
The Animal Control Officers/members of the Town of Amherst Police
Department and other Town agents or employees as may hereafter be
designated by the Town Board are authorized to seize any livestock
owned, kept, harbored or maintained in violation of § 99-2(A)
upon obtaining a search warrant authorizing the seizure of said animal
by a Court of competent jurisdiction.
A.
Any person, firm or corporation violating any provision of this article
shall be guilty of an offense punishable by a fine not to exceed $250
for each week that said article is violated or imprisonment for a
period not to exceed 15 days, or both in violation of said article.
B.
Any person, firm or corporation taking part in or assisting in any
violation of this article shall also be subject to the penalties herein
provided.
If any clause, sentence, paragraph or part of this article or
the application thereof to any person or circumstances shall be adjudged
by any court to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof or the application thereof to
other persons and circumstances but shall be confined in its operation
to the clause, sentence, paragraph or part thereof and the persons
and circumstances directly involved in the controversy in which such
judgment shall have been rendered.
Upon this article taking effect, the Dog Ordinance of the Town
of Amherst adopted May 8, 1961, is superseded and therefore repealed.
This article shall take effect immediately.
Any person owning, possessing or harboring a dog four months
of age or over in the Town of Amherst shall be required to have the
dog vaccinated to prevent the spread of rabies, except that a rabies
vaccine is not required as follows:
A.
To a dog brought into the Town for a period not to exceed 15 days;
and dogs confined to public or private hospitals devoted to the treatment
of sick animals.
B.
To a dog whose health would be adversely affected by a rabies vaccination,
provided that a written statement, certified by a duly licensed veterinarian,
specifying such condition is presented to the Animal Control Officer
or the Town Clerk and filed with the Town Clerk's office.
A.
Applications for a license or a renewal thereof shall be accompanied
by a non-refundable processing fee as set by resolution of the Town
Board from time to time. The cost for said applications for a license
or renewal thereof for an unaltered dog must be at least five dollars
($5.00) more than the cost of said applications for a license or renewal
thereof for an altered dog. In addition to the license fee, established
herein, each applicant for a dog license shall pay a surcharge, pursuant
to New York State Agriculture and Markets Law § 110(3) of
(at least $1.00) if the dog to be licensed is altered, or a fee of
(at least $3.00) if the dog sought to be licensed is unaltered. An
application for a license or renewal shall be in the form prescribed
by the Amherst Town Clerk and shall provide for the following minimum
information:
(1)
The name, residence address and telephone number of each owner;
and
(2)
The name, sex, approximate age, breed, color, markings and other
identifying details of the dog; and
(3)
Veterinarian's statement of spaying or neutering; and
(4)
Rabies certification in accordance with the provisions of this
article; and
(5)
Such other information or documentation deemed necessary by
the Town Clerk to effectuate the purpose of this article.
B.
In the case of an altered dog, every application shall be accompanied
by a certificate signed by a licensed veterinarian except that such
certificate is not required if same is already on file with the Town
Clerk.
C.
No individual under the age of eighteen (18) shall be deemed an owner
of record and be issued a dog license.
D.
Service and therapy dogs including guide dogs, hearing dogs and detection
dogs are exempt from all licensing fees with proper documentation.
A.
The fees payable by a dog owner for a dog impounded by the Town of
Amherst shall be as follows:
|
1st Impoundment Fee
|
$30.00
|
|
2nd Impoundment Fee
|
$60.00
|
|
3rd Impoundment Fee
|
$100.00
|
|
plus a daily fee (Including the first day)
|
$20.00
|
B.
The fees payable by an owner of livestock impounded by the Town of
Amherst shall be as follows:
|
1st Impoundment Fee
|
$50.00
|
|
2nd Impoundment Fee
|
$100.00
|
|
3rd Impoundment Fee
|
$150.00
|
|
Plus a daily fee (Including the first day)
|
$50.00
|
A.
Upon validation by the Town Clerk or authorized Animal Control Officer,
a dog license shall be issued and a record of its issuance retained
in the office of the Town Clerk.
B.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately apply for a new license
for the dog. A license cannot be transferred to another dog.
C.
Identification tag.
(1)
The Town Clerk shall assign an 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, except that the tag is not required
to be worn while the dog is participating in a dog show.
(2)
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.
(3)
Any person wishing to replace a tag previously issued shall pay the
sum of $3 to the Town Clerk for a replacement tag.
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.
[Adopted 12-2-2019 by L.L. No. 21-2019]
(a)
Stray cat. The term 'stray' means an animal
or animals that would otherwise be pets, but that have been separated
from a human caretaker by means of escape or a lack of care, or sometimes
by natural disaster. The term 'cat' means a member of the
species Felis catus.
(b)
Best feeding practices. Best feeding practices means
a person supporting one or more community cats which shall adhere
to the following:
(1)
Feeding is conducted on a regular schedule;
(2)
Feeding is limited to the offering of food intended for community
cats to approximately one hour per day;
(3)
Providing only food appropriate for cats, and not scraps or
other foods that may be dangerous, deadly, or hazardous to other cats
or other animals;
(4)
The community cat feeding area is kept clean and free of trash;
(5)
Food and/or water intended for community cats is kept in containers
and not on the ground;
(6)
Feeding shall be conducted only within the confines of the property
of the person engaged in Trap, Neuter, Vaccinate and Return (TNVR)
practices as defined in this article and as provided for in section
(m) below.
(d)
Community cat caretaker. The term 'community
cat caretaker' means a person who provides care to one or more
community cats. However, community cat caregivers are not the owner,
harborer, controller, or keeper of a community cat.
(e)
Community cat program. The term 'community
cat program' means the non-lethal process of humanely trapping,
sterilizing, vaccinating for rabies, ear-tipping, and releasing community
cats to their habitats.
(f)
Colony. The term colony means a group of one or
more community cats.
(h)
Ear-tipping. The term "ear-tipping" means the removal
of the 1/4 inch tip of a community cat's left ear, performed
while the cat is under anesthesia in compliance with any applicable
federal or state law and under the supervision of a licensed veterinarian.
(i)
Harbor. The term harbor means to give permanent
or long-term home or shelter to an animal. The feeding of community
cats in conjunction with Trap, Neuter, Vaccinate and Release (TNVR
or TNR) practices as provided in section (m) below shall not constitute
the harboring of cats.
(j)
Neuter. The term neuter means to permanently sterilize
male cats to render them incapable of impregnating female cats by
means of either surgery performed to remove the reproductive organs
or chemical sterilization by which the cats are injected with a drug
approved by the United States Food and Drug Administration for that
purpose.
(k)
Spay. The term spay means to permanently sterilize
female cats to prevent estrus (heat) cycles and eliminate their ability
to become pregnant by means of either surgery performed to remove
the ovaries and uterus or chemical sterilization by which the cats
are injected with a drug approved by the United States Food and Drug
Administration for that purpose.
(l)
Sterilize. The term sterilize means to spay or neuter
a cat to render it incapable of reproduction.
(m)
Trap, Neuter, Vaccinate, and Return, referred to as 'TNVR'
or' TNR'. The term Trap, Neuter, Vaccinate and Return (TNVR
or TNR) means a program in which community cats are humanely
trapped, evaluated, vaccinated, sterilized, and ear tipped by a veterinarian
and returned to the trap location with the intent of humanely controlling
or reducing feline population and reproduction.
(n)
Veterinarian. The term veterinarian means a person
licensed to practice veterinary medicine in the State of New York.
Cats are prohibited within the Town except as follows:
A.
Any person harboring a cat shall make a reasonable effort to keep
the animal on the premises and under the control of said person.
B.
No person shall harbor a cat which by its frequent yowling shall
unreasonably disturb the comfort or repose of the community.
C.
Any person harboring a cat shall make a reasonable effort to expeditiously
remove any droppings left by the cat on any public place or on any
private property not under the control of said person.
Any cat shall be considered a public nuisance if it has no known
owner, no known place of care or shelter and habitually trespasses
upon private or public property.
A.
As defined in § 99-17(m), TNVR or TNR of community cats shall be legal in the Town of Amherst, and interested citizens are encouraged to participate in and support TNVR or TNR activities on a voluntary basis.
B.
All persons who attempt to trap community cats for TNVR in the Town
of Amherst shall be familiar with the guidelines, supported by regional
and national feral and community cat organizations, as well as the
American Veterinary Medical Association regarding appropriate methods
of TNVR.
C.
An ear-tipped cat received by local shelters shall be returned to
the location where trapped unless veterinary care is required.
D.
A trapped, ear-tipped community cat shall be released on site unless
further veterinary care is required, in which case the cat will be
returned once the animal no longer needs care.
E.
A community cat caretaker may reclaim a community cat if impounded
at a local shelter or impoundment facility, without fee, if sterilized
or for purposes of placing the cat in a community cat TNR program.
F.
Trapping of a community cat is only permitted for purposes of a community
cat program, providing needed veterinary care, adoption, transfer
to a rescue group, or reunification with his/her owner.
G.
Socialized cats and all kittens subject to TNVR shall be eligible
to be, but not mandated to be, re-socialized and put up for adoption.
H.
It shall not be a violation of this section to determine that the
best course of action for a particular cat, or cat colony, is to be
left alone.
I.
Leash laws, stray laws, licensing laws, and limitations on the number
of cats owned, kept, held, or harbored, and feeding bans shall not
apply to community cat caretakers.
J.
Animal control and code enforcement officers shall use appropriate
opportunities to inform stakeholders about TNVR.
K.
Animal control officers within the Town of Amherst shall implement
and administer this article in consultation with community cat welfare
experts, including Alley Cat Allies, NYC Feral Cat Initiative, Best
Friends Animal Society, American Association of Feline Practitioners,
Neighborhood Cats, IndyFeral, Feral Cat Focus, and the No Kill Advocacy
Center.
L.
It shall be permitted in the Town of Amherst to feed community cats
provided that best feeding practices are followed.
this article shall be enforced by the Village Code Enforcement
Officials, Town of Amherst Animal Control Officer and Amherst Police
Department, each of whom are hereby authorized to issue and serve
appearance tickets upon any person in violation of this article.
Except as otherwise provided in Article 7 of the Agriculture
and Markets Law, any person committing an offense against any of the
provisions of this article shall be guilty of a violation as defined
by the Penal Law and, upon conviction thereof, shall be punishable
for each offense by a fine not to exceed $250 or imprisonment for
not more than 15 days, or by both a fine and imprisonment.
