[HISTORY: Adopted by the Town Board of the Town of Cato 4-5-2011 by L.L. No. 1-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 45, Dogs, adopted 12-2-1997 by L.L .No. 1-1997.
The purpose and intent of this chapter shall be to preserve the public peace and good order of the Town of Cato, Cayuga County, New York, and to contribute to the public welfare and to the preservation and protection of the property and person of the inhabitants of the Town of Cato by declaring and enforcing certain regulations and restrictions on activities and dogs and owners of dogs within the Township of Cato.
This chapter is enacted pursuant to the provisions of Article 7 (as amended by L. 2010, c. 59, Part T) of the Agriculture and Markets Law and to the Municipal Home Rule Law of the State of New York.
The title of this chapter shall be "Dog Control Law of the Town of Cato."
This chapter shall not apply to any dog confined to the premises of any incorporated society devoted to the care of lost, stray or homeless animals or confined to the premises of any public or private hospital devoted to the treatment of sick animals.
As used in this chapter, the following terms shall have the meanings indicated:
AT LARGE
Any dog that is unleashed and on property open to the public or is on property not owned or leased by the owner of the dog, unless permission for such presence has been obtained. No dog shall be presumed to be at large if it is:
A. 
A guide dog actually leading a blind person;
B. 
A police work dog in use for police work;
C. 
A dog accompanied by its owner or other responsible person and actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner.
DOG
Any member of the species Canis familiaris, whether male or female.
OWNER
Any person who owns, harbors, keeps, or has care, custody or control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of the minor's parents or other head of the household where the minor resides.
RESTRAINT
A dog shall be deemed under restraint when it is controlled by a leash, or is in the presence of a competent person and is obedient to that person's commands, or is on or within a vehicle being driven or parked legally, or is within the property limits of its owner or keeper, or is upon the premises of another with the consent of such person.
A. 
The position of Dog Control Officer may be created by the Town Board of the Town of Cato, and such Dog Control Officer shall have all the powers of a peace officer in the execution of this chapter and in the execution of Article 7 of the Agriculture and Markets Law of the State of New York, including the serving of appearance tickets.
B. 
Every dog seized by the Dog Control Officer shall be maintained in a clean and humane manner, redeemed, placed for adoption or euthanized in accordance with Article 7 of the Agriculture and Markets Law.
A. 
No owner shall permit or allow a dog to run at large within the Town of Cato, unless such dog shall be restrained as provided in the definition of "restraint" in § 45-5 herein.
B. 
No dog shall be permitted to cause damage or destruction to property or commit a nuisance or defecate upon the premises of a person, other than to or upon the premises of the owner or persons harboring said dog.
C. 
No owner shall keep or harbor a dog that howls or barks so as to disturb the peace and quiet of other persons.
D. 
No dog shall be permitted to chase or otherwise harass any person in such a manner as to reasonably cause intimidation or to put such person in reasonable apprehension of bodily harm or injury, except in defense of property of the owner or inhabitants.
E. 
No dog shall be permitted to habitually chase or bark at moving vehicles, bicycles or pedestrians.
F. 
No owner shall fail to provide dogs with sufficient good and wholesome food and water, with proper shelter and protection from the weather, with veterinary care when needed to prevent suffering, and with humane care and treatment.
A. 
Any dog found in violation of the provisions of § 45-7 of this chapter may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
B. 
Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption periods set forth in § 118 of the Agriculture and Markets Law.
C. 
Seized dogs may be redeemed by producing proof of licensing and identification, pursuant to the provisions of Article 7 of the Agriculture and Markets Law, and by paying the same impoundment fees that are charged to the Town.
D. 
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fee as set forth in Subsection C of this section, as well as any costs otherwise involved in the seizure and care of said dog, whether or not said owner chooses to redeem his or her dog.
E. 
Any dog unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or shall be euthanized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
Any person who observes a dog in violation of this chapter may file a complaint with the Town's Dog Control Officer, whose contact information is available with the Town Clerk.
A. 
All dogs in the Town of Cato must be licensed with the Town Clerk by the age of four months and are required to present a current certificate of rabies at the time of licensing or the renewal of an existing license.
B. 
All dog licenses will be for a period of one year and will expire at the end of the month one year from the date of issue.
C. 
Fees.
(1) 
Fees for the licensing of dogs.
(a) 
The fee for a spayed or neutered dog will be $6, which includes the assessment of a surcharge of $1 for the purpose of carrying out animal population control;
(b) 
The fee for an unspayed or unneutered dog will be $14, which includes the assessment of a surcharge of $3 for the purpose of carrying out animal population control;
(c) 
Such fees may be reviewed by the Town Board periodically and may be changed by a resolution of the Town Board, if deemed necessary.
(2) 
Replacement tag fee. The fee for the replacement of a lost tag will be $3.
(3) 
Enumeration fee. When the Town Board determines the need for a dog enumerator, a fee of $5 will be assessed to all dogs found unlicensed at the time the enumeration is conducted.
D. 
Purebred license. The Town of Cato will not be issuing purebred or kennel licenses. All dogs will be licensed individually, as per the fee system stated above.
E. 
Service dogs. The Town of Cato will require a no-charge license for any guide dog, service dog, hearing dog, or detection dog.
F. 
The Town of Cato does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Town Clerk of the Town of Cato, in which the dog will be harbored, for adoption purposes.
G. 
All dog licenses may be purchased by visiting the Town offices or by regular mail. If licensing or renewing a license by mail, the appropriate fee and a self-addressed, stamped envelope must accompany the forms. No license will be mailed out without a self-addressed, stamped envelope. There will be no refund of fees.
H. 
All fees will be used in funding the administration of the Dog Control Law of the Town of Cato.
I. 
Fees for the seizure of dogs. The fees for the seizure and impoundment of dogs in violation of this chapter or the New York State Agriculture and Markets Law are as follows:
(1) 
First offense: the same impoundment and euthanasia fees, per animal, that are charged to the Town for such services.
(2) 
Second offense: $60, plus the impoundment and euthanasia fees, per animal.
It shall be the duty of the Dog Control Officer of the Town of Cato to enforce the provisions set forth in this chapter, issue appearance tickets to the violators, and summon the violators before the Town Justice Court.
A violation of this chapter shall be deemed an offense, and a violation thereof shall be punishable by a fine of not more than $25 for the first offense, not more than $50 for the second offense and not more than $100 for the third and subsequent offenses.