[HISTORY: Adopted by the Town Board of the Town of Colton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-11-2018 by L.L. No. 1-2018; amended in its entirety 9-11-2019 by L.L. No. 1-2019]
The purpose of this article is to provide for the licensing
and identification of dogs and control of dogs; protect the health,
safety and well-being of the persons and property for the public peace
and good order in the Town of Colton by establishing certain regulations
and restrictions of dogs that are consistent with the rights and privileges
of other residents of the Town.
As used in this article, the following terms shall have the
meanings indicated:
Any animal restrained or kept on the premises, either within
a building, kennel, or other suitable enclosure or securely fastened
on a chain, wire or other effective tether to prevent the animal from
endangering any person or any adjacent property or in any public street,
way or place; or if the animal is being transported, that it is secured
in a crate or other container or restrained in a vehicle that it cannot
be expected to escape from.
Any dog that, when unprovoked, approaches and does any menacing
act or aggressive action directed toward any person or in an apparent
attitude of attack upon the street, sidewalks, highways or any public
grounds or places;
Any dog with a known propensity, tendency or disposition to
attack when unprovoked, to cause injury or to otherwise endanger the
safety of human beings or domestic animals as well as household pets;
Any dog which bites, inflicts injury, assaults or otherwise
attacks a human being or domestic animal, including household pets,
without provocation on public or private property;
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting.
Includes any dog of any sex and any age, licensed or unlicensed,
unless otherwise indicated herein.
The person appointed by the Town Board of the Town of Colton
to assist in the enforcement of this article. The person shall provide
services at the pleasure of the Town Board. The Dog Warden, in addition
to all other powers and duties prescribed by law, shall have the authority
to issue appearance tickets in accordance with Article 150 of the
Criminal Procedure Law. Every dog seized by the Dog Warden shall be
maintained, redeemed, sold or destroyed in accordance with Article
7 of the Agriculture and Markets Law of the State of New York.
A fee determined by the Town Board to impose on dog owners
for each unlicensed dog upon the occurrence of an enumeration performed
by the Dog Warden. The current fee is $5 per dog. Future increases
of the enumeration fee will be set by resolution of the Town Board
or the Town of Colton.
Any person who harbors or keeps any dog. If the dog is not
licensed, the term "owner" shall be construed to include any person
who at any time owns or has custody or control of, harbors or is otherwise
responsible for any dog which is kept, bought or comes within the
Town. In the event that the owner of any dog which is found to be
in violation of this article is a minor, the head of the household
in which the minor resides shall be responsible for any acts of said
dog in violation of this article.
A dog shall be deemed "running at large" if it is elsewhere
than on the premises of the owner while not under the control of the
owner or his agent and without the knowledge, consent or approval
of the owner of such lands. For the purpose of this article, a dog
or dogs hunting in the company of a hunter or hunters shall be considered
as accompanied by its owner.
A dog shall be deemed "under control" when it is under either
voice command or a suitable restraining device designed for that purpose.
A.
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 if a dog is participating in
a dog show or within the confines of the residence.
B.
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which the number was assigned.
C.
Any person wishing to replace a lost tag shall pay the sum currently
set at $3 to the Town Clerk. Future lost tag replacement fees schedules
will be set by the Colton Town Board by resolution.
In the event any dog which has been licensed is lost, stolen
or died, the owner shall, within 10 days of discovery, notify the
Town Clerk, be it by phone, email, mail or fax.
No dog shall:
A.
Knowingly be allowed to run at large within the Town of Colton.
B.
Knowingly be allowed upon the public streets or upon any public property
within the Town of Colton unless it shall be accompanied by its owner
or a responsible person able to restrain and control said dog by command
and unless such person accompanying said dog shall actually control
and restrain said dog by some suitable device and used for that purpose.
C.
Engage in habitual and loud howling, barking, crying or whining or
conduct as to unreasonably and habitually disturb the comfort or repose
of any person other than the owner of said dog.
D.
Chase, jump up on or at or otherwise harass any person in such manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm.
E.
Habitually chase, run alongside of or bark at motor vehicles, motorcycles
or bicycles while on a public street, highway, or place, or upon private
property without the consent or approval of the owner of such property.
F.
Create a nuisance by defecating, urinating or digging on public property,
or on private property without the consent or approval of the owner
of such property.
G.
If a female dog, when in heat, be off the owner's premises without
being restrained by a leash.
H.
All dogs must be leashed and under the owner's control at the
Town of Colton Swift Field playground, ball fields, pavilion, ice
rink and food mezzanine.
A.
All dogs in the Town of Colton must be licensed with the Town Clerk
by the age of four months and are required to present a valid certificate
of rabies at the time of licensing or renewal of an existing license.
B.
All dog licenses are for a period of one year and will expire at
the end of the month one year from the date of issue.
C.
The Town of Colton will issue purebred or kennel licenses with proper documentation as listed under § 65-8B, License application.
D.
The Town of Colton will not require a license for any service dogs
with proper certification.
E.
No dog will be licensed without a valid rabies certificate.
F.
The Town of Colton will be the only entity to issue dog licenses
for the Town of Colton dog owners.
G.
No shelter will be allowed to issue licenses for the Town of Colton.
The shelter must send the adoptive dog owner to the Town Clerk for
the licensing of their adopted dog since that is where the dog will
be harbored.
The Town of Colton hereby establishes the fee for a dog license
pursuant to § 110 of the Agriculture and Markets Law to
be:
A.
Fees for altered dogs will be $10.
B.
Fees for unaltered dogs will be $20.
C.
The fee for altered dogs includes a $1 surcharge.
D.
The fee for unaltered dogs includes a $3 surcharge.
E.
Dog license fees will be set by the Town Board by resolution hereon
after.
F.
No dog license will be refunded.
G.
If a tag is lost, the cost of a new tag will be $3.
A.
The owner of one or more purebred dogs registered by a recognized
registry association, as defined in Agriculture and Markets Law § 108,
may annually make an application for a purebred license in lieu of
or in addition to the individual licenses required by this article.
A purebred license shall be valid for a period of one year, beginning
with the first day of the month following the date of issuance, and
shall be renewable annually thereafter prior to the expiration date.
B.
License application.
(1)
The purebred dog license application shall state:
(a)
The name, address and telephone number of the owner;
(b)
The county and town where such dogs are harbored;
(c)
The sex, breed, registry name and number of each purebred registered
dog over the age of four months that is harbored on the premises;
and
(d)
The sex and breed of each purebred dog over the age of four
months that is harbored on the premises and that is eligible for registration.
(2)
The application shall also include a statement by the owner that
all purebred dogs over the age of four months that are harbored on
the premises have been listed.
(3)
The application shall be accompanied by the license fee prescribed
by this article and a certificate of rabies vaccination or statement
in lieu thereof, as required by this article and Article 7 of the
State Agriculture and Markets Law.
C.
Upon receipt of the foregoing items, the Clerk shall assign a license
number, which shall be reserved for the sole use of the named owner,
and shall issue a purebred license. Once a purebred license has been
issued, no refund therefor shall be made. The Town Clerk shall:
D.
Fees.
(1)
If no more than 10 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application: $25.
(2)
If no more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application: $50.
(3)
If more than 25 registered purebred dogs or purebred dogs eligible
for registration over the age of six months are harbored on the owner's
premises at the time of the application: $100.
(4)
Each purebred dog license shall be subject to an animal population
control surcharge in the amount of $1 for each spayed or neutered
dog or $3 for each unspayed or unneutered dog.
A.
B.
The Dog Warden observing a violation of this article shall issue
and serve an appearance ticket for such violation. Said violation
should be considered a petty offense and not a misdemeanor.
C.
Any person who observes a dog in violation of this article may file
a complaint under oath with the Dog Warden of the Town of Colton specifying
the nature of the violation, the date, a description of the dog and
the name and a residence, if known, of the owner of such dog. Such
complaint may serve as a basis for enforcing the provisions of this
article.
D.
Upon receipt by the Dog Warden of any complaint or in the event that
any dog is found by the Dog Warden to be in violation of any provision
of this article, the Dog Warden shall, if possible, seize and take
into custody said dog; in any event, as soon as circumstances will
permit, issue and deliver to the owner of said dog an appearance ticket,
pursuant to § 126 of the Agriculture and Markets Law of
the State of New York, detailing the violations and instructing the
owner to appear before the Justice Court of the Town of Colton or
to answer such appearance ticket by registered or certified mail,
return receipt requested, within five days of the date of such violation.
E.
If said appearance ticket is disregarded by such person, the Dog
Warden or complainant may file an information with said Court, which
Court shall then issue a warrant for the arrest of such person.
F.
In the event that any dog has been seized or taken into custody by
the Dog Warden, its owner shall require to pay to the boarding facility
designated by the Town the sum of $10 per day for each day during
which said dog shall be boarded by the boarding facility designated
by the Town.
The owner of any dog impounded by the Town of Colton shall be
entitled to redeem that dog within five business days, excluding the
day the dog was impounded, provided that the owner produces proof
the dog is licensed and identified and pays a fee of $10 per day,
and for the second day of impoundment and any thereafter an additional
$3 fee will be added for each twenty-four-hour period.
Any person convicted of a violation of this article shall be
liable for a civil penalty of $25 for a first violation, $50 for a
second violation and $100 for each subsequent violation.
If any clause, sentence, paragraph, subdivision, section or
other part of this article for any reason be adjudged by any court
of competent jurisdiction to be unconstitutional or otherwise invalid,
such judgment shall not affect or impair the validity of this article
as a whole, and it shall be construed to have been the legislative
intent to enact this article without such unconstitutional or invalid
parts therein.
This article shall supersede all prior local laws, ordinances,
rules and regulations relating to the confinement and control of dogs
within the Town of Colton, and any such prior ordinances, rules and
regulations are hereby repealed.
This article shall take effect January 1, 2011, upon filing
with the Clerk of the Town of Colton, County of St. Lawrence, State
of New York, and upon filing the same with the Secretary of State
of the State of New York.
[Adopted 8-12-2020 by L.L. No. 2-2020]
This article is enacted pursuant to Local Law No. 2-2020.
The purpose of this article is to provide for the enforcement
in the control of any and all domesticated animals; protect the health,
safety and well-being of the persons and property for the public peace
and good order in the Town of Colton by establishing certain regulations
and restrictions of domesticated animals that are consistent with
the rights and privileges of other residents of the Town.
As used in this article, the following terms shall have the
meanings indicated:
The person appointed by the Town Board of the Town of Colton
to assist in the enforcement of this article. The person shall provide
services at the pleasure of the Town Board. The Animal Control Officer,
in addition to all other powers and duties prescribed by law, shall
have the authority to issue appearance tickets in accordance with
Article 150 of the Criminal Procedure Law and Local Law No. 2-2020.
Any domesticated or exotic animal which is restrained or
kept on the premises, either within a building, fenced-in or penned-in
area, kennel, or other suitable enclosure or securely fastened on
a chain, wire or other effective tether to prevent the animal from
endangering any person, or property, or trespassing on any adjacent
property or in any public street, way or place; or if the animal is
being transported, that it is secured in a crate or other container
or restrained in a vehicle that it cannot be expected to escape from.
Any domesticated animal, to include but not be limited to pets and farm animals, such as dogs (see Article I, Dog Control, for additional regulations specific to dogs), cats, sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, and chickens.
Any mammal, bird or reptile that has not been domesticated
or must be caged or restrained or which is classified by the State
of New York, Department of Environmental Conservation, as "dangerous
wildlife."
A.
Any animal that, when unprovoked, creates frequent or long-continued
noise to unreasonably disturb the comfort or repose of any other person.
B.
No person who owns or has control of a domestic or exotic animal
shall permit or suffer such animal to damage or destroy property of
any kind. This includes any other person or animal to be subjected
to an attack, chase, injure or kill any animal by said owner's
animal. For this purpose hereof, when any animal is at large contrary
to the provisions of this article and commits any such acts, the owner
or person in control shall be deemed to have permitted or suffered
the animal to have committed such acts.
A.
Every owner and/or custodian of livestock or any of the above defined
animals shall keep such animals securely and safely confined upon
the owner's own or leased lands by adequate fencing or other
lawful restraints so as to ensure that said animals cannot leave the
confines of the owner's own or leased lands.
B.
No person who is the owner or has custody of any animals or livestock
as defined in this article shall permit or allow any such animal to
go upon any private property or public or private way in the Town
of Colton owned by any person other than the owner or custodian of
said livestock without the express permission of the owner of said
property or public or private way.
C.
No owner shall keep or suffer to be kept any animal which commits
a nuisance in a public highway, public building, public park or on
any private property with the consent of the owner of the property
thereof.
D.
No person who owns an animal shall permit the premises, structure
or enclosure in which such animal is kept to be unclean or unsanitary.
The Animal Control Officer, or any police officer, shall seize
any animal found to be in violation of this article or in violation
of the provisions of Article 7 of the Agriculture and Markets Law
of this state, and such animal shall be impounded, redeemed, euthanized,
or sold as provided in § 117 of the Agriculture and Markets
Law of this state, and the owner of such animal shall pay the costs
of seizure, euthanization and impoundment as provided therein.
The owner of any animal which has attacked or injured another
person or animal contrary to the provisions of this article shall
confine such animal for such length of time as may be directed by
the Animal Control Officer for the purpose of determining whether
such animal is affected by rabies, and, if so affected, such animal
shall be destroyed under the direction of the Animal Control Officer.
A.
Any person who observes a domestic or exotic animal (or animals),
or the owners thereof, in violation of any of the provisions of this
article may file a written complaint in the form prescribed by the
Penal Law of the State of New York with a local Criminal Justice having
appropriate jurisdiction setting forth the conduct of such domestic
or exotic animal (or animals), or that of the owner, including the
date thereof, the damage caused, a description of such animal and
the name and residence, if known, of the owner of the said animal.
Thereupon, the Judge or Justice shall immediately determine if there
is probable cause to believe the animal is dangerous and, if so, shall
issue an order to any Animal Control Officer, peace officer acting
pursuant to his special duties, or police officer, directing such
officer to immediately seize such animal and hold same pending judicial
determination as herein provided. Whether or not the Judge or Justice
finds there is probable cause for such seizure, he shall, within five
days and upon written notice of not less than two days to the owner
of the animal, hold a hearing on the complaint. If satisfied that
the animal is a dangerous animal, the Judge or Justice shall then
order the owner or any Animal Control Officer acting pursuant to his
special duties, or police officer, to destroy the animal immediately
or shall order the owner to confine securely such animal permanently
or at such time as otherwise specified in the order. If the owner
fails to destroy or confine the animal as required by such order,
any Animal Control Officer acting pursuant to his special duties,
or police officer, shall destroy such animal on or off the premises
of the owner.
B.
Any violation of this article shall be deemed an offense punishable
by a fine of not less than $25 nor more than $250 or confinement in
jail for a term not exceeding 15 days, or both such fine and imprisonment.
Each day a violation occurs as the case may be shall constitute a
separate violation. The provisions hereof are in addition to the regulations,
restrictions, requirements and penalties contained in Article 7 of
the Agriculture and Markets Law of the State of New York.
