The purpose of this article is to establish a procedure for
the licensing of dogs within the boundaries of the Town of Ellicott
pursuant to § 110 of the Agriculture and Markets Law of
the State of New York.
Failure to relicense a previously licensed dog within 60 days of the expiration of the former license shall constitute a violation and subject the owner to the penalties under §
39-9.
Failure to license a dog in accordance with this chapter shall constitute a violation and subject the owner to the penalties under §
39-9 in addition to the license fees in §
39-3.
As used in this chapter, the following terms shall have the
meanings indicated:
ANIMAL
Includes every living creature except a human being.
AT LARGE
Off the premises of the owner or out of the control of the
owner.
COMPANION/PET ANIMAL
Any dog or cat, and shall also mean any other domesticated
animal normally maintained in or near the household of the owner or
person who cares for such other domesticated animal.
CONTROL
On a leash or lead of a reasonable length, or unleashed,
within a reasonable distance from the owner, and responding to the
commands of that person. Fenced/caged or contained in some manner.
DANGEROUS DOG/COMPANION/PET ANIMAL/FARM ANIMAL
A.
Which, when unprovoked, approaches a person, dog companion/pet
animal or farm animal in a vicious or terrorizing manner in an apparent
attitude of attack off the premises of the owner.
B.
With a known propensity, tendency or disposition to attack,
cause injury to, or endanger the safety of human beings, farm animals
or companion/pet animals.
(1)
For the purposes of this definition, a "known propensity" shall
be found if the dog has attacked, caused injury to or endangered the
safety of human being, companion/pet animals and farm animals on one
prior occasion.
C.
Which bites, inflicts injury upon, assaults or otherwise attacks
or endangers a human being, companion/pet animal or farm animal off
the premises of the owner.
DOG/ANIMAL CONTROL OFFICER
Any individual or police officer appointed by the Town to
assist in the enforcement of this chapter and Article 7 of the Agriculture
and Markets Law, or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated animal protection
association under contract with the Town of Ellicott to assist in
the enforcement of this chapter and Article 7 of the Agriculture and
Markets Law.
DOGS
Both male and female canines.
FARM ANIMAL
Any ungulate, poultry, species of cattle, sheep, swine, goats,
llamas, horses or fur-bearing animals as defined in Section 11-1907
of the Environmental Conservation Law.
NOISE
Barking, howling, whining or other frequent or continued
sound that reasonably disturbs the comfort or repose of any other
person located off of the premises of the owner.
OWNER
Any person owning, keeping, harboring or having the care,
custody or control of any dog, companion/pet animal or farm animal
and when such owner shall be a child under the age of 18 years, the
head of the household in which the child resides shall be deemed to
be the owner of such dog, companion animal or farm animal for the
purposes of this chapter.
PRESUMPTION OF LACK OF CONSENT
In any enforcement proceeding hereunder, it shall be presumed
that an at-large dog, companion/pet animal or farm animal on the premises
of one, other than its owner is there without the consent of the owner
of such premises, unless the owner of the dog, companion/pet animal
or farm animal proves such consent.
TORTURE or CRUELTY
Every act, omission, or neglect, whereby unjustifiable physical
pain, suffering or death is caused or permitted.
TOWN
The physical boundaries of the Town of Ellicott, not including
the incorporated Villages of Celoron and Falconer.