This article is enacted pursuant to the provisions of (Chapter 59; Part T of the Laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
[HISTORY: Adopted by the Town Board of the Town of Steuben as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-9-2010 by L.L. No. 1-2010]
The Town Board of the Town of Steuben, County of Oneida, New York, hereby finds and declares that the purpose of this article is to provide for the licensing and identification of dogs, the cost of which shall be borne by those who own and harbor dogs in said Town to the greatest extent possible, and to protect the health, safety and well-being of persons and property.
All terms not specifically defined herein shall have the meaning assigned to such terms within § 108 of the Agriculture and Markets Law of the State of New York. As used in this article, the following words shall have the following respective meanings:
The Agriculture and Markets Law of the State of New York in effect as of the effective date of this chapter, as amended by this chapter, and as amended thereafter.
Any dog, regardless of age, male or female, licensed and unlicensed; members of the species Canis familiaris.
Any person authorized from time to time to enforce the provisions of this article or the provisions of the Agriculture and Markets Law of the State of New York or as authorized by the Town Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
To provide food or shelter to any dog.
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 Town Clerk and any other information deemed necessary by the Town Clerk.
The party purchasing the license unless the dog is or has been lost and such loss reported to the Dog Control Officer and reasonable search has been made. If an animal is not licensed, the term "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any dog which is kept, brought or comes within the Town of Steuben. Any person owning or harboring a dog for a period of one week prior to the filing of any information charging a violation of this article shall be held and deemed to be owner of such a dog for the purpose of this article. In the event the owner of any dog found to be in violation of this chapter is a minor, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of the said dog in violation of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The area within the corporate limits of the Town of Steuben, County of Oneida.
A.
All dogs within the Town of Steuben four months of age or older, unless otherwise exempted, shall be licensed. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk a dog license application, together with the license application fee, any application license surcharges and such additional fees as may by established by the Town of Steuben.
(1)
Rabies vaccination required. All dogs in the Town of Steuben which are over the age of four months must maintain current rabies vaccinations. A current certificate of rabies vaccination must be presented at the time of initial licensing and for license renewal. Under no circumstances will a dog be granted a license without a current rabies vaccination certificate.
B.
Each license issued shall be valid for a period of one year and shall not be transferable. There will be no refund of license fees.
C.
Fees for licensing dogs effective January 1, 2011:
(1)
For each spayed or neutered dog, $9, which fees includes the assessment of the statutory state surcharge of $1 for the purpose of carrying out animal population control.
(2)
For each unspayed or unneutered dog, $20, which fee includes the assessment of the statutory state surcharge of $3 for the purpose of carrying out animal population control.
(3)
Excepted from the payment of the license fees are applications submitted for a dog license for any guide dog, service dog, hearing dog or police dog. At the time of application, the dog owner shall provide written proof satisfactory to the Town Clerk establishing the dog's status to be exempt from licensing fees.
(5)
The Town Clerk may issue replacement tags for a fee of $5.
(6)
Tag numbers shall initially consist of eight digits, beginning with Oneida County/Steuben Town Code (3019) and commencing with the number 0001.
(7)
Each tag shall identify the tag number, Town of Steuben, State of New York, and a contact phone number for the Town licensing authority.
(8)
If a tag is lost or stolen, the dog's owner(s) must report it to the licensing authority as soon as possible. Replacement tags shall be issued at a cost of $5 per tag.
(9)
When the Town Board determines the need for a dog enumeration, a fee of $25 shall be assessed, in addition to the dog license fees, to all dogs found to be unlicensed or not renewed at the time such enumeration is conducted.
(11)
The Town of Steuben does not allow the licensing of dogs by a shelter. The shelter must direct the adoptive dog owners to the Steuben Town Clerk for the purpose of the license for adoption purposes.
(12)
All dog licenses must be purchased by visiting the Steuben Town Office during regular business hours. Renewals may be sent in by regular mail or may be brought in personally to the Steuben Town Clerk's office. If mailing a renewal license application, all required documentary or fee submissions must accompany the application.
(13)
The owner of any dog in violation of this article, whose dog is impounded by the Town of Steuben or its agents, shall be entitled to redeem such dog within five business days, excluding the day the dog is impounded, provided that the owner produces proof that the dog is licensed and identified and pays a fee of $50 for the first impoundment; a fee of $100 for the second impoundment, together with a fee of $3 for each additional twenty-four-hour period; and a fee of $200 for a third and each subsequent impoundment, together with a fee of $3 for each additional twenty-four-hour period.
It shall be unlawful for any owner or any person harboring or controlling any dog whether or not the dog is licensed or unlicensed the Town of Steuben, to allow such dog to:
A.
Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to reasonably and habitually disturb the comfort or repose of any person other than the owner of such dog, or which disturbs the peace by barking, howling or making loud noises to the annoyance and discomfort of any person in the Town of Steuben.
B.
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person or persons harboring said dog.
C.
Chase or otherwise harass in such a manner to reasonable cause intimidation or to put such person or persons in a state of apprehension of bodily harm or injury.
D.
Habitually chase or bark at motor vehicles, bicycles, and people walking on a public highway.
E.
Cause physical harm or death to other animals.
F.
If a female dog, be off the owner's premises when in heat.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town Board shall appoint and maintain a Dog Control Officer for the Town of Steuben to enforce this article. Such Dog Control Officer, or any peace officer, observing a violation of this article in his or her presence shall issue and serve an appearance ticket for such a violation. A record of each incident shall be kept for a minimum of three years from the creation of such record.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The enforcement of the provisions of this article shall be the responsibility of the Dog Control Officer duly appointed by the Town Board. The Dog Control Officer shall have the authority to enforce the provisions of this article, and enforce the provisions of § 123 of the Agriculture and Markets Law entitled "Dangerous Dogs"; may investigate and make applicable reports to the Town Justice concerning any and all instances in regard to the conduct of dogs, shall hereby have the authority to issue appearance tickets as provided in § 113 of the Agriculture and Markets Law, and see that the order or orders of the Town Justice of the Town of Steuben in such case or cases are carried out.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who observes a dog in violation of this chapter may file a signed complaint under oath with the Town of Steuben Dog Control Officer or a Justice of the Town of Steuben specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner or other person harboring the dog.
A.
Upon receipt by the Town Justice of any such complaint, he shall summon the alleged owner to appear in person before him for a hearing, at which both the complainant and owner shall have an opportunity to be represented by counsel and to present evidence. If the summons is disregarded, the Justice may permit the filing of information and issue a warrant for the arrest of such person.
B.
If, after such hearing, the Town Justice decides that further action is warranted, he may order:
Any person who violates this article or knowingly permits the violation of this article or any of the provisions thereof shall be deemed to have committed an offense against this article, and any and all persons convicted of such violation, after investigation and hearing, shall be liable to a penalty of not more than $125 for the first offense; not more than $50 nor more than $200 for the second offense; and not less than $100 nor more than $300 for the third offense, or, in alternative, five days in jail for each and every violation.
The invalidity of any section of this article shall not invalidate any other section or provision thereof.
This article shall take effect 10 days after the proper posting and publication of the adoption of said article as authorized by the Town Law.