[HISTORY: Adopted by the Town Board of the Town of Albion 10-4-2010 by L.L. No.
3-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 74.
[1]
Editor's Note: This chapter stated that it constituted
an amendment to L.L. No. 4-1985, adopted 12-30-1985, and L.L. No.
3-1990, adopted 8-13-1990, which comprised former Ch. 45, Dogs, Art.
I, Licensing, and L.L. No. 2-2002, adopted 9-9-2002, and L.L. No.
4-2004, adopted 4-12-2004, which comprised former Art. II, Control
and Confinement.
The Town Board of the Town of Albion finds that the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs have caused physical harm to persons and damage to property and
have created nuisances within the Town. The purpose of this chapter
is to protect the health, safety and well-being of persons and property
by imposing restrictions on the keeping and running at large of dogs
within the Town.
This chapter is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law (as amended by Chapter 59, Part
T, of the Laws of 2010) and 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 Albion."
As used in this chapter, 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.
That such animal is securely confined or restrained and kept
on the owners 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 on 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.
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
Any person authorized by the Orleans County Legislature or
the Town Board of the Town of Albion from time to time to enforce
the provisions of this chapter or the provisions of the Agriculture
and Markets Law.
To provide food or shelter to any dog.
The person entitled to claim lawful custody and possession
of a dog and who is responsible for purchasing the license for such
dog unless the dog is or has been lost, and such loss was promptly
reported to the Dog Control Officer and a reasonable search has been
made. If a dog 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, Any person owning or harboring a dog for a period
of one week prior to the filing of any complaint charging a violation
of this chapter, shall be held and deemed to be the owner of such
dog for the purpose of this chapter. In the event that the owner of
any dog found to be in violation of this chapter shall be under 18
years of age, 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 chapter.
Any real property owned by the Town of Albion which is used
for recreational purposes by the public, including, but not limited
to, parks or playgrounds.
To be in a public place or on private land without the knowledge,
consent and approval of the owner of such lands.
Any real property situate within the Town of Albion which
is used for educational purposes or purposes incidental thereto.
Designates the area within the corporate limits of the Town
of Albion, outside the Village of Albion.
A.
It shall be unlawful for any owner of any dog in the Town to permit
or allow such dog to:
(1)
Run at large, unless the dog is accompanied by its owner or a responsible
person and under the full control of such owner or person. For the
purpose of this chapter, a dog or dogs hunting in the company of a
hunter or hunters shall be considered as accompanied by its owner.
(2)
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 such dog.
(3)
Uproot, dig, or otherwise damage any vegetables, lawns, flowers,
garden beds or other property without the consent or approval of the
owner.
(4)
Chase, jump upon or at or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm.
(5)
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.
(6)
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.
(7)
If a female dog, when in heat, be off the owner's premises unrestrained
by a leash.
(8)
Remain unlicensed after the age of four months, or for said owner
to fail to renew any dog license as required by this chapter.
(9)
Be at large on any school premises or recreational areas, or the
sidewalks adjacent thereto, unless the dog is on a leash.
B.
Establishment of the fact or facts that a dog has committed any of
the acts prohibited by this chapter shall be presumptive evidence
against the owner or harborer of such dog that he or she has failed
to properly confine, leash or control his or her dog.
A.
All
dogs in the Town of Albion must be licensed with the Town Clerk by
the age of four months, and a current certificate of rabies is required
to be presented at the time of licensing or the renewal of an existing
license. A spay/neuter certificate, if applicable, must be presented
at the time of original application or renewal of the 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.
A.
Dog license. The fee for a spayed or neutered dog will be $10 (which
includes the assessment of a surcharge of $1 for the purpose of carrying
out animal population control), and the fee for an unspayed or unneutered
dog will be $20 (which includes the assessment of a surcharge of $3
for the purpose of carrying out animal population control), with such
fees being reviewed by the Town Board periodically and changed by
a resolution of the Town Board, if deemed necessary.
[Amended 10-1-2012 by L.L. No. 1-2012[1]]
[1]
Editor's Note: This local law provided for an effective date
of 1-1-2013.
B.
Purebred license. The Town of Albion will be issuing Purebred or
kennel licenses. Purebred license fees are $30 for no more than 10
dogs, $60 for 11 to 25 dogs and $120 for more than 25 dogs. In addition
to the above fees, a surcharge of $1 per spayed/neutered dog or $3
per unspayed/unneutered dog will apply for each dog listed on the
purebred license. Purebred is AKC or UKC only.
C.
Enumeration fee. When the Town Board determines the need for a dog
enumeration, a fee of $5 will be assessed to all dogs found unlicensed
at the time the enumeration is conducted.
D.
Tag replacement fee. The tag replacement fee shall be set at $3 and
must be paid at the time of application.
E.
Fees for seizure of dogs. The fees for seizure and impoundment of
dogs in violation of this chapter or the New York State Agriculture
and Markets Law shall be the same as the impoundment and euthanasia
fees per animal that are set forth in § 117 of Article 7
of the Agriculture and Markets Law.
F.
Service dogs. The Town of Albion will not require a license for any
guide dog, service dog, hearing dog or detection dog.
G.
The Town of Albion will allow the licensing of dogs by the Orleans
County Animal shelter. All dog licenses shall be transmitted monthly
to the Town of Albion for dogs that will be harbored within the Town
of Albion.
H.
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 must accompany the forms. There will be no refund of fees.
I.
All fees will be used in funding the administration of the Dog Control
Law of the Town of Albion. All fees listed in this section may be
reviewed by the Town Board periodically and may be changed by a resolution
of the Town Board, it deemed necessary.
A.
The
Dog Control Officer or any peace officer shall seize:
B.
Any
dog found in violation of this chapter may be seized pursuant to the
provisions of § 117 of the Agriculture and Markets Law.
Every dog seized shall be properly cared for, sheltered, fed and watered
for the redemption periods set forth in § 117 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 impoundment fees set forth in § 117
of said Article 7.
D.
If
the owner of any unredeemed dog is known, such owner shall be required
to pay the impoundment fees set forth in § 117 of the Agriculture
and Markets Law, whether or not such 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 euthanized pursuant to the
provisions of § 117 of the Agriculture and Markets Law.
F.
No
action shall be maintained against the Town of Albion, any dog control
officer or peace officer when acting pursuant to his or her special
duties, or any other agent or officer of the Town, or any person under
contract to the Town of Albion, to recover the possession or value
of any dog, or for damages for injury, or compensation for the destruction
of any dog seized or destroyed pursuant to the provisions of this
chapter or the Agriculture and Markets Law.
The Dog Control Officer or any peace officer observing a violation
of this chapter in his or her presence shall issue and serve an appearance
ticket for such violation. Said violation should be considered a petty
offense and not a misdemeanor.
A.
Any person who observes a dog in violation of this chapter may file
a complaint under oath with the Town Justice of the Town of Albion
specifying the nature of the violation, the date thereof, 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 chapter.
B.
Upon receipt by the Town Justice of any such complaint, he or she
shall summon the alleged owner to appear in person for a hearing,
at which time both the complainant and the owner shall have the opportunity
to be represented by counsel and to present evidence. If, after such
hearing, the Town Justice decides that further action is warranted,
he or she may order:
Any person convicted of a violation of this chapter shall be
liable to a civil penalty of $50 for a first violation, $100 for a
second violation and $200 for each subsequent violation.