[HISTORY: Adopted by the Board of Trustees of the Village of Newark as indicated in article histories. Amendments noted where applicable.]
Noise — See Ch. 101.
[Adopted 12-7-1976 by L.L. No. 5-1976; amended 3-18-1997 by L.L. No. 2-1997]
This article shall be known as the "Animal Control Law of the Village of Newark, New York."
[Amended 4-21-1998 by L.L. No. 1-1998]
This article is enacted pursuant to the provisions of § 124 of the Agriculture and Markets Law of the State of New York.
The Village Board of the Village of Newark has determined that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons and damaged property and have created nuisances within the Village. The purpose of this article is to protect the health, safety and well-being of persons and property and to preserve public peace and good order in the Village by establishing certain regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of other residents of the Village.
When used in this article, unless otherwise expressly stated, the following terms shall have the meanings indicated:
- ANIMAL CONTROL OFFICER
- The person appointed by the Board of Trustees of the Village of Newark to assist in the enforcement of this article, and every dog seized by the Animal Control Officer shall be maintained, redeemed, sold or destroyed in accordance with Article 7 of the Agriculture and Markets Law of the State of New York.
- That any such animal is securely confined or restrained or kept on the owner's premises, either within a building, kennel or other suitable enclosure or securely fastened on a chain, wire or other effective tether of such length and so arranged that the animal cannot reach or endanger any person on any adjacent premises or in any public street, way or place; or if the animal is being transported by the owner, that it is securely confined in a crate or other container or so restrained in a vehicle that it cannot be expected to escape therefrom.
- Includes any dog of either sex and of any age, unless otherwise indicated herein.
- A dog howling, barking, whining, or crying for repeated intervals
of at least 10 minutes with less than two minutes of interruption,
which can be heard by any person, including a law enforcement officer
or dog control officer, from a location outside of the owner's or
caretaker's premises.[Added 12-16-2003 by L.L. No. 2-2003]
- The party purchasing the license for the 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, brought or comes within the Village. 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 said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog in violation of this article.
- RUN AT LARGE
- A dog shall be deemed to be at large if elsewhere than on the premises of the owner while not under the control of the owner or other responsible person, by means of a leash, cord, chain or similar device not over six feet in length.
[Amended 8-20-2013 by L.L. No. 3-2013]
No person being the owner or the agent of the owner of any dog shall permit such dog to commit any nuisance within the Village of Newark or cause damage to the person or property of others. The following are declared to be public nuisances and are set forth herein for explanatory purposes only and are not to be considered as excluding other types of nuisances; and the establishment of the fact that the owner of a dog has allowed or permitted such dog to commit any of the acts hereinafter prohibited shall be presumptive evidence against the owner or harborer of such dog that he or she has failed to properly confine or control said dog:
Engaging in habitual or continuous loud howling and/or habitual barking, crying or whining, or so conducting itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
Chasing and/or barking at motor vehicles while on a public street or highway or upon public or private property other than the property of the owner or harborer of said dog.
Jumping upon, chasing or otherwise harassing any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
Being found upon the school grounds of any school within the Village of Newark during the time of year when said schools are open, and between one hour prior to commencement of the school day and one hour after the end of the school day, or upon a playground within said Village of Newark at any hour during the time of year when playground activities are conducted. However, the Principal of each school may provide written permission to allow any licensed "service canine," "companion canine" or canines required at special events, full access to the school and school grounds. This exemption to this section will only be allowed while the animal is accompanied by the owner or handler.
Running together in a pack or in any way forming a pack of dogs. For the purpose of this article, the word "pack" is hereby defined to mean three or more dogs.
Defecating, urinating, digging or otherwise damaging public property or private property other than the property of said owner.
Any dog which shall attack any person or domestic animal within the meaning of Article 7 of the Agriculture and Markets Law of the State of New York shall be dealt with in accordance with Article 7 of said Agriculture and Markets Law.
[Amended 4-21-1998 by L.L. No. 1-1998]
The Animal Control Officer or any peace officer is hereby authorized to seize or direct the confinement of any dog which is reported to have attacked or injured a human being. Any such dog shall be confined by the owner of such length of time as may be necessary for the purpose of determining whether such dog is affected by rabies, and if so affected, it may be disposed of in accordance with the laws of New York State.
Any person who observes or has knowledge of a dog violating any provision of this article may file a signed complaint under oath with the Animal Control Officer, specifying the objectionable conduct of the dog, the date thereof, the description of the dog and the name and address, if known, of the owner or other person harboring said dog.
Upon receipt by the Animal Control Officer of any such complaint, or in the event that any dog is found by the Animal Control Officer to be in violation of any provision of this article, the Animal Control Officer shall, if possible, seize and take into custody said dog and, in any event, issue or deliver to the owner of said dog an appearance ticket pursuant to § 114, Subdivision 4, 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 Village of Newark, or to answer such appearance ticket by registered or certified mail, return receipt requested, within five days of the date of such violation. If said appearance ticket is disregarded by such person, the Animal Control Officer or complainant may file an information with said Court, which Court shall then issue a warrant for the arrest of such person.
[Amended 4-21-1998 by L.L. No. 1-1998]
The Newark Police Department shall, along with the Animal Control Officer, be charged with the enforcement of this article. The Animal Control Officer shall report as needed to the Newark Police Department.
In the event that any dog has been seized or taken into custody by the Animal Control Officer, its owner shall be required to pay to the Village Clerk of the Village of Newark the sum as set forth from time to time by resolution of the Village Board for each day during which said dog shall be boarded by the Animal Control Officer.
[Amended 4-21-1998 by L.L. No. 1-1998]
The annual local fee for each purebred license issued pursuant to Subdivision 2 of § 110 of the Agriculture and Markets Law shall be $25.
There shall be no fee for any license issued for any guide dog, hearing dog, service dog, war dog or police work dog. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "War Dog" or "Police Dog," as may be appropriate, by the Clerk or authorized Dog Control Officer.
[Amended 4-21-1998 by L.L. No. 1-1998]
Except as otherwise provided in § 119 of the Agriculture and Markets Law, upon conviction, a violation of any of the provisions or restrictions of this article shall be punishable by a maximum fine of $250 or by a term of imprisonment of not more than 15 days, or both.
[Adopted 12-21-2010 by L.L. No. 1-2010]
The title of this article shall be "the Dog Licensing Law of the Village of Newark, County of Wayne."
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.
The Village Board of the Village of Newark, County of Wayne hereby finds and declares that the purpose of this article is to provide for the licensing and identification of dogs.
All terms not specifically deemed 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 terms shall have the meanings indicated:
- AGRICULTURE AND MARKETS LAW
- The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, as amended by this article, and as thereafter amended.
- IDENTIFICATION TAG
- A tag issued by the Village Clerk which sets forth the identification number together with the name of the Village and state, the telephone number of the Village Clerk, and any other information deemed necessary by the Village Clerk.
- Any person who harbors or keeps any dog or other animal.
- OWNER OF RECORD
- The person in whose name a dog was last licensed pursuant to this article.
- A person, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.
- An individual who maintains a residence within the Village of Newark, County of Wayne, State of New York.
- RUN AT LARGE
- To be in a public place or on private land without the knowledge, consent, and approval of the owner of such lands.
- The Town of Arcadia, County of Wayne, State of New York.
No person shall own or possess a dog within the Village unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law and laws of the Village.
All dogs within the Village that are four months of age or older, unless otherwise exempted, shall be licensed. No license shall be required for any dog which is under the age of four months and which is not at large.
The owner of each dog required to be licensed shall obtain, complete and return to the Village Clerk of the Village a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Village.
The Village does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Village Clerk of the Village in which the dog will be harbored for licensing.
Any dog harbored within the Village which is owned by a resident of New York City or licensed by the City of New York, or which is owned by a nonresident of New York State and licensed by a jurisdiction outside the State of New York, shall for a period of 30 days be exempt from the licensing and identification provisions of this article.
Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog's life, in which case vaccination shall not be required.
Each license issued pursuant to this article shall be valid for a period of one year and shall expire on the last day of the last month of the period for which it was issued. No license shall be issued for a period expiring after the last day of the eleventh month following the expiration date of the current rabies certificate for the dog being licensed.
State-mandated animal population control surcharge:
Each individual dog license for a spayed or neutered dog shall be subject to an animal population control surcharge in the amount of $1, payable at the time the dog license application is filed.
Each individual dog license for an unspayed or unneutered dog shall be subject to an animal population control surcharge in the amount of $3, payable at the time the dog license application is filed.
Dog enumeration surcharge. Each dog found to be unlicensed during a Village dog enumeration shall be subject to a dog enumeration surcharge of $5, payable at the time of the application is filed to license said dog.
Replacement tag fee. A replacement tag fee of $3 shall be charged to offset the costs associated with the provision and replacement of identification tags.
Late fee. A late fee for the licensing of dogs in the amount of $5 shall be imposed for dogs licensed over 60 days late. The late fee for senior citizens (age 65 and over) shall be $2.50.
Redemption fee. A redemption fee of $45 per day, including weekends, shall be imposed by the Village Clerk for any dog impounded by the Animal Control Officer. The owner shall also be liable for boarding fees incurred to the Humane Society of Wayne County.
Refund of fees. The Village will not refund or prorate dog license fees.
Upon validation by the Village Clerk of the Village, a dog license shall be issued and a record of its issuance retained in the office of the Village Clerk of the Village. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereof.
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.
Change of ownership; lost or stolen dogs.
Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. The original issued identification tag shall remain the same for the life of the dog.
In the event of a change in ownership of any dog which has been assigned an official identification number or in the event of a change of address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, notify the Town Clerk.
If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, notify the Town Clerk.
In the case of a dog's death, the owner of record shall so notify the Village Clerk either prior to renewal of license or upon the time of such renewal.
The Village Clerk shall assign a permanent official 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.
An identification tag is not required to be worn while the dog is participating in a dog show.
The official permanent identification number shall constitute the official identification of the dog to which it is assigned, regardless of changes of ownership, and the number shall not be reassigned to any other dog during the lifetime of the dog to which it is assigned.
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
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no additional charge. Any replacement tag shall be obtained by the owner at the owner's expense. Any person wishing to replace a tag previously issued shall pay the sum of $3 to the Village Clerk for a replacement tag as referenced in § 52-21 above.
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.
The purebred dog license application shall state the name, address and telephone number of the owner; the county and town where such dogs are harbored; the sex, breed, registry name and number of each purebred registered dog over the age of four months which is harbored on the premises; and the sex and breed of each purebred dog over the age of four months which is harbored on the premises and which is eligible for registration. The application shall also include a statement by the owner that all purebred dogs over the age of four months which are harbored on the premises have been listed.
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.
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 therefore shall be made.
No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of Subsection A of this section, except when the new owner holds a valid purebred license.
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: $35;
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: $60;
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: $110;
Each purebred dog license shall be subject to an animal population control surcharge in the amount of $1 for each spayed/neutered dog and $3, for each unspayed/unneutered dog payable at the time the dog license application is filed.
Any person convicted of a violation of this article shall be liable for a civil penalty of $25 for a first violation; of $50 for a second violation; and $75 for each subsequent violation.
The Village of Newark may, by resolution, amend the fees to be charged and penalties to be imposed under this article.
This article shall supersede all prior inconsistent local laws, ordinances, rules and regulations relative to the licensing of dogs within the Village. All prior inconsistent local laws, ordinances, rules and regulations shall be, upon the effectiveness of this article, null and void.
The provision of this article are declared to be severable, and if any section, subsection, sentence, clause or part thereof is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses or part of this ordinance.
This article shall be effective January 1, 2011, after filing with the Secretary of State.