Town of Albion, NY Chapter 45 Dogs

[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.

§ 45-1 Purpose.

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.

§ 45-2 Legislative authority.

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.

§ 45-3 Title.

The title of this chapter shall be "Dog Control Law of the Town of Albion."

§ 45-4 Definitions.

As used in this chapter, the following words shall have the following respective meanings:

AGRICULTURE AND MARKETS LAW

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.

CONFINED

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.

DOG

Male and female, licensed and unlicensed, members of the species Canis familiaris.

DOG CONTROL OFFICER

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.

HARBOR

To provide food or shelter to any dog.

OWNER

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.

RECREATIONAL AREAS

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.

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.

SCHOOL PREMISES

Any real property situate within the Town of Albion which is used for educational purposes or purposes incidental thereto.

TOWN

Designates the area within the corporate limits of the Town of Albion, outside the Village of Albion.

§ 45-5 Prohibited acts.

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.

§ 45-6 License required.

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.

§ 45-7 Fees; licensing procedures.

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.

§ 45-8 Seizure; redemption.

A. The Dog Control Officer or any peace officer shall seize:

(1) Any unlicensed dog whether on or off the owners premises;

(2) Any dog not wearing a tag, and, after January 1, 2011, not identified, and which is not on the owner's premises; and

(3) Any dog found in violation of Subsection A(1) through (9) of § 45-5 of this chapter.

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.

§ 45-9 Enforcement.

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.

§ 45-10 Complaints.

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:

(1) The dog to be declared a vicious or dangerous dog to be restrained by collar or leash at all times whether on or off the owner's property.

(2) The dog to be confined to the premises of the owner.

(3) Such other remedy as may be warranted by circumstances in such case.

C. A violation of any order issued by a Town Justice under this section shall be an offense punishable, upon conviction thereof, as provided in § 45-11.

§ 45-11 Penalties for offenses.

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.