[HISTORY: Adopted by the Town Board of the Town of Irondequoit as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-4-1979 by L.L. No. 6-1979; amended in its entirety 11-16-2010 by L.L. No. 3-2010]
Editor's Note: This local law provided an effective date of 1-1-2011.
The purpose of this article shall be to preserve the public peace and good order in the Town of Irondequoit and to contribute to the public welfare, safety and good order of its people by enforcing certain regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of the owners of dogs and rights and privileges of other citizens of the Town of Irondequoit.
As used in this article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- ANIMAL CONTROL OFFICER
- A person or persons appointed by the Town of Irondequoit for the purpose of enforcing this article, and for the purpose of this article such an Animal Control Officer is deemed to be a peace officer.
- AT LARGE
- An unleashed dog off the premises of the owner.
- A member of the species Canis familiaris.
- LEASHED or UNDER LEASH
- That the dog is equipped with a collar or harness to which is attached a leash not exceeding eight feet in length, both collar or harness and the leash to be of sufficient strength to restrain the dog, and which leash shall be held by a person having the ability to control and restrain the dog by means of the collar or harness and the leash.
- Any person who owns, keeps, harbors or has the care, custody or control of a dog. Dogs owned by minors under 18 years of age shall be deemed to be in the custody and control of parents or other head of the household where the minor resides.
- SERVICE DOG
- A dog trained as a guide, hearing, war, working search, detection, police work or therapy dog within the meaning of the Agriculture and Markets Law and actually in use for such purpose.
The provisions of this article shall apply to all dogs within the Town of Irondequoit, including service dogs.
Leashing. No owner of any dog shall permit such dog to be at large in the Town of Irondequoit, Monroe County, New York. Every dog outside the property limits of the owner shall be restrained.
Prohibited in certain places. No owner shall permit his or her dog, whether leashed or unleashed, to be in any restaurant, grocery or commercial establishment which sells food for human consumption or in any cemetery. This subsection shall not apply to a service dog when otherwise permitted by New York State law.
Dangerous dog. No person shall keep or suffer to be kept a dog which has attacked any person peaceably conducting himself or herself in any place where such person may lawfully be or which has attacked, chased or worried or killed any domestic animal, as regulated in Article 7, § 123, of the Agriculture and Markets Law, as amended or changed, or any cat or other dog while such animal is in any place where it may lawfully be.
Damage by dog. No owner of a dog shall permit or suffer such dog to damage or destroy property of any kind.
Habitually barking dog. No person shall keep, suffer or permit to be kept on the premises occupied by such person any dog which by its continual barking, howling or whining or other frequent or long-continued noises shall unreasonably disturb the comfort or repose of any person.
Unsanitary premises. No owner of a dog shall permit the premises, structures or enclosure in which such dog is kept to be unclean or unsanitary.
License required. All dogs within the Town four months of age or older, unless otherwise exempted, shall be licensed by the Town. The following dogs are exempt from the licensing requirements of this article:
Dogs harbored within the Town which are owned by a resident of the State of New York, and licensed by another jurisdiction within the state, for a period not to exceed 30 days;
Dogs harbored within the Town which are owned by a nonresident of the State of New York, and licensed by a jurisdiction outside of the state, for a period not to exceed 30 days; and
Dogs held at a shelter pursuant to an agreement with a county, city, town, village, or duly incorporated society for the prevention of cruelty to animals, humane society, or dog protective association.
Applications for dog licenses.
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 applicable fees and surcharges.
The dog license application shall be on a form provided by the Town Clerk and shall state the name, sex, actual or approximate age, breed, color, and other identification marks of the dog; the name, address, telephone number, and e-mail address (if any) of the owner; together with any additional information deemed appropriate by the Town Clerk.
The dog 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.
In the case of a neutered or spayed dog, the application shall be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been neutered or spayed; provided, however, that such certificate or affidavit shall not be required if the same is already on file with the Town. In lieu of the foregoing certificate or affidavit, the application may be accompanied by a statement by a licensed veterinarian that, by reason of old age or other reason, the life of the dog would be endangered by neutering or spaying, in which case the license fee for such dog shall be the same as for a spayed or neutered dog.
Issuance of dog license and identification tag.
Upon validation by the Town Clerk, the application for a dog license shall become a license for the dog or dogs described therein. Each license shall be valid for a period of one year, shall expire on the last day of the last month of its term and shall be nontransferable.
Upon the first issuance of a dog license, the Town Clerk shall issue an identification number for each such dog and shall provide the owner with a tag for each such dog with such identification number. The identification tag must include the name of the Town, "New York State," Town contact information (including telephone number), and any other information deemed appropriate by the Town Clerk.
In the event that an identification tag is lost, the Town Clerk, upon request of the owner and payment of a fee set by the Town Board, shall issue a replacement identification tag.
Identification tag required to be worn. The identification tag issued by the Town Clerk shall be affixed to a collar on the dog at all times, provided that a dog participating in a dog show is exempt from such requirement during such participation.
Annual fees for dog licenses.
The annual fee for a dog license shall be $9 for neutered males and spayed females, or such other amount as the Town Board may, from time to time, establish by resolution.
The annual fee for a dog license shall be $18 for unneutered males and unspayed females, or such other amount as the Town Board may, from time to time, establish by resolution.
Exempted from payment of the license fees are applications for a dog license for any service dog. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "War Dog," "Working Search Dog," "Detection Dog," "Police Work Dog," "Therapy Dog," or "Service Dog," as may be appropriate, by the Town Clerk.
Assessment of surcharge. In addition to the annual license fees established by the Town Board, each applicant for a dog license shall pay a surcharge to the extent required by the State of New York. The amount of such surcharge shall be $1 in the case of a neutered or spayed dog or $3 in the case of an unneutered or unspayed dog, or such other amounts as the State of New York may, from time to time, establish.
The Town Board shall appoint an Animal Control Officer or Officers as needed pursuant to § 113 of the Agriculture and Markets Law, as amended or changed. It shall be the duty of such Animal Control Officer or Officers, as well as of all peace officers with the Town of Irondequoit, to enforce the appropriate provisions of this article as well as of the Agriculture and Markets Law with respect to dogs in the Town of Irondequoit. The Animal Control Officer or Officers, police officer or any other peace officer of the Town of Irondequoit shall seize any dog which is found to be in violation of any provision of this article, as well as any dog or dogs otherwise required to be seized under and by virtue of the Agriculture and Markets Law. All complaints concerning alleged violations of this article shall be referred to the Animal Control Officer or Officers. All such complaints shall be investigated, and it shall be the duty of the Animal Control Officer or Officers in the appropriate case to proceed with civil or criminal enforcement of this article or any other provision of law pertaining thereto.
Care of seized dog. Every dog seized shall be properly fed and cared for at the expense of said Town until disposition thereof is made as herein provided. The redemption of a seized dog shall be in conformance with and pursuant to the provisions of the Agriculture and Markets Law.
Notice to owner. In the event that the dog seized bears a license tag, the Animal Control Officer or Officers shall ascertain the owner of the dog and shall give notice by mail or personally serving such owner or member of his or her family at least 18 years of age with a notice, in writing, stating that the dog has been seized and that the dog will be destroyed unless redeemed within the period hereinafter provided.
The owner of a seized dog may redeem it within the period indicated in Subsection C upon payment of a fee as from time to time may be set by the Town Board for each day the dog is sheltered, plus fees set by the Town Board for the first, second and third seizures within a twelve-month period. The fee schedule, as set by the Town Board, shall be on file in the Town Clerk's office.
Forfeiture. If a dog so seized is not redeemed within the time hereinbefore set forth, the owner shall forfeit all title to the dog, and the dog shall be offered for adoption by the Town or destroyed.
A violation of this article shall be deemed a Class B violation, punishable as provided in § 1-16. Each separate offense shall constitute a separate additional violation. The provisions hereof are in addition to the regulations, restrictions, requirements and penalties contained in Article 7 of the Agricultural and Markets Law, as amended or changed.
[Adopted 4-25-2000 by L.L. No. 2-2000]
Cats in the Town of Irondequoit have in some instances been allowed to roam free on property of others and are causing annoyance and damage to the persons and properties of others; therefore, the Town Board of the Town of Irondequoit enacts the following article to protect the health, safety and property of others from annoyance and damage caused by cats and to establish the responsibility and liability of cat owners arising from the conduct of their pets.
The title of this article shall be the "Cat Control Law of the Town of Irondequoit."
As used in this article, the following words shall have the following respective meanings:
- CONTROL OFFICER
- The person authorized by the Town Board, by resolution, to enforce the provisions of this article. The Control Officer shall have all the powers of a constable or other peace officer in the execution of the provisions of this article, including the service of a summons, the issuing and serving of an appearance ticket and the service and execution of any other order of process, notwithstanding any provision of the Uniform Justice Court Act.
- Any person who is an owner of a cat or any person who keeps, harbors or feeds a cat. The owner need not be a resident of the Town of Irondequoit, but for a violation to occur, the cat must be in the town limits of the Town of Irondequoit.
It shall be unlawful for any owner of or any person harboring any cat to permit or allow such cat in the Town of Irondequoit to:
Be vicious or to spray or to defecate in such a way as to cause annoyance to any person other than the owner or person harboring such cat.
Cause damage or destruction to property or to commit a nuisance upon the premises of a person other than the owner or person harboring such cat.
Remain in the Town of Irondequoit unless vaccinated currently against feline rabies.
Any Town Justice of the Town of Irondequoit shall have jurisdiction to hear all actions and proceedings hereunder and of all prosecutions for the violations of this article.
All complaints concerning alleged violations of this article shall be communicated to the Town of Irondequoit Animal Control Officer or Deputy Animal Control Officer. All such complaints shall be investigated, and it shall be the duty of the Town of Irondequoit Animal Control Officer or Deputy Animal Control Officer, in the appropriate case, to proceed with civil or criminal enforcement of the article or any provision of law pertaining hereto.
The Animal Control Officer or Deputy Control Officer, having reasonable cause to believe that a person has violated this article, shall issue and serve upon such person an appearance ticket for such violation. The appearance ticket shall be in the form as prescribed by the resolution of the Town of Irondequoit in accordance with the provisions of this article.
It shall be the duty of the Town of Irondequoit Animal Control Officer or the Deputy Animal Control Officer to enforce the provisions of this article and to seize all cats found at large in violation of the article or which are ordered seized by a Town Justice.
For any cat seized pursuant to this article, the following notification and redemption procedures shall be followed:
Unidentified cats shall be held for a period of five days from the day of seizure, during which time the owner may redeem the cat.
For identified cats, the owner shall be notified personally or by certified mail, return receipt requested, of the facts of the seizure and the redemption procedure. If notification is made personally, the cat shall be held for seven days after the day of notice. If notification is made by mail, the cat shall be held for a period of nine days. The owner may redeem the cat during the foregoing time periods.
In either of the above cases, the owner must produce proof of current vaccination against feline rabies and pay seizure and impoundment fees in order to redeem the cat. The seizure and impoundment fees shall be as set, from time to time, by the Town Board.
If not so redeemed, the owner shall forfeit all title to the cat, and the cat shall be sold or destroyed by the Town of Irondequoit Animal Control Officer. In the case of sale, the purchaser must pay all accrued charges and have said cat vaccinated against feline rabies if proof of vaccination does not already exist. The Animal Control Officer who destroys or has destroyed a cat shall make a written report of such destruction and disposition to the Town Clerk, who shall keep a record thereof.
The Town of Irondequoit Animal Control Officer is hereby authorized to pick up unwanted cats that are owned by residents who are financially unable to properly care for their cats, including the cost of vaccination against feline rabies, when such owner requests the Town to dispose of these cats, in accordance with the following rules:
The owner of the cat must execute a form relinquishing all claim of ownership to the cat and agreeing to its disposition according to the law and absolving the Town of Irondequoit and the Town of Irondequoit Animal Control Officer of any liability.
The owner of the cat is responsible to pay all costs related to the disposition of the cat.
The Town of Irondequoit reserves the right to pick up those unwanted cats as space is available and to discontinue the service by resolution of the Town Board, if necessary.
The first violation of this chapter and article shall be punishable by a fine of $50, a second violation shall be punishable by a fine of $150 and third and any subsequent violations shall be punishable by a fine of $250.
If any section, paragraph, subdivision, clause or provision of this local law shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this local law shall be deemed valid and effective. Any ordinance or part thereof in conflict herewith is hereby repealed.