Town of Henrietta, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Henrietta 11-17-2010 by L.L. No. 1-2010. Amendments noted where applicable.]
The purpose of this article is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, domestic animals and deer from dog attack and damage.
A. 
All dogs within the Town four months of age or older, unless otherwise exempted, shall be licensed by the Town.
B. 
The following dogs are exempt from the licensing requirements of this article:
(1) 
Dogs harbored within the Town which are owned by a resident of New York City and licensed by the City of New York, for a period of 30 days;
(2) 
Dogs harbored within the Town which are owned by a nonresident of New York State and licensed by a jurisdiction outside of New York State, for a period of 30 days; and
(3) 
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.
A. 
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.
B. 
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. 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.
A. 
The fees for licensing of dogs pursuant to this article shall be in such amounts as the Town Board may, from time to time, establish by resolution. These fees are nonrefundable.
[Amended 2-18-2015 by L.L. No. 1-2015]
B. 
The fee established by the Town Board for an unspayed or unneutered dog shall be at least $5 more than the fee for a spayed or neutered dog.
C. 
Exempted from payment of the license fees are applications for a dog license for any guide, hearing, service, war, working search, detection, police and therapy dogs.
D. 
In addition to the license fees established by the Town Board, each applicant for a dog license shall pay a surcharge of $1 in the case of a spayed or neutered dog, or $3 in the case of an unspayed or unneutered dog.
[1]
Editor's Note: See § A301-1, Animal Control Fee Schedule.
As used in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
A person or persons appointed by the Town of Henrietta for the purpose of enforcing this article.
AT LARGE
Any dog that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the dog, unless permission for such presence has been obtained. No dog shall be deemed to be at large if it is:
A. 
Accompanied by and under the immediate supervision and control of the owner or other responsible person.
B. 
A police work dog in use for police work.
C. 
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 of the land.
DANGEROUS DOG
Any dog that acts or places any person in fear of immediate bodily harm.
DOG or DOGS
Any male, female or neutered member of the canine family (Canis familiaris) over four months of age.
[Amended 2-18-2015 by L.L. No. 1-2015]
LEASHED or RESTRAINED BY LEASH
The dog is equipped with a collar to which is attached a leash not more than eight feet long. Both collar and leash shall be of sufficient strength to restrain the dog, and the leash shall be held by a person having the ability to control and restrain the dog by means of the collar and leash.
OWNER
Includes any person who owns, keeps, harbors or has the 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.
TAG
The object issued by the Town of Henrietta and bearing the number of the license issued to the owner.
All dogs in the Town of Henrietta are hereby required to be restrained by a leash while off the owner's premises, whether such dogs are or are not tagged or licensed; provided, however, that dogs are permitted to be unleashed while off the owner's premises, when on the premises of another person with such other person's consent or when hunting in the company and under the control of a hunter or hunters. No person who owns, keeps or harbors or has the care, custody or control of any dog in the Town of Henrietta shall permit such dog to be at large or unleashed except as permitted by this article.
The Office of Animal Control Officer is established. The Town Board may appoint one or more Deputy Animal Control Officers, all to hold office at the pleasure of the Town Board.
A. 
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 nonrefundable fees.
[Amended 2-18-2015 by L.L. No. 1-2015]
B. 
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; and 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.
C. 
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.
D. 
In the case of a spayed or neutered 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 spayed or neutered; 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 spaying or neutering, in which case the license fee for such dog shall be the same as for a spayed or neutered dog.
E. 
No dog shall be permitted without a tag securely attached to a collar or harness on the dog, except for dogs which are in the field with a licensed hunter during hunting season or for the purpose of being trained for hunting.
F. 
The owner of a dog shall not permit such dogs to chase motor vehicles, bicycles or pedestrians at any time.
G. 
The owner of a dog shall not permit such dog to do any of the following:
(1) 
Kill or injure any other dog, cat or other domestic animal.
(2) 
Damage, deface, uproot, dig or otherwise damage any lawns, flowers, gardens or other property not belonging to the owner of such dog.
(3) 
Deposit waste on the private property of other persons.
H. 
It shall be unlawful for an owner to permit a dog to howl, bark, yelp, cry, whine or conduct itself in such a manner so as to habitually or continuously disturb the peace and quiet of other persons at any time of day or night. As used in this subsection, "habitually or continually" means a dog howling, barking, yelping, crying or whining for repeated intervals of at least five minutes with less than one minute of interruption, which can be heard by any person, including a law enforcement officer or Animal Control Officer, from a location off the owner's or caretaker's premises.
[Amended 2-18-2015 by L.L. No. 1-2015]
I. 
No female dog, leashed or not, shall be allowed off the premises of the owner while such female dog is in season.
J. 
It shall be unlawful for any individual to hinder or obstruct the Animal Control Officer or law enforcement officers in the enforcement of this article.
K. 
No person shall refuse to deliver up to the Animal Control Officer or law enforcement officers his dog or dogs when requested to do so under the provisions of this article.
L. 
No person who owns or harbors a dog shall permit the premises, structures or enclosures in which a dog is kept outside to be unclean, unsanitary or foul smelling.
A. 
Any dog in violation of this article may be seized at any time by the Animal Control Officer or any law enforcement officer.
[Amended 2-18-2015 by L.L. No. 1-2015]
B. 
If any dog is found running at large or ordered seized by a Town Justice and cannot be safely seized, the Animal Control Officer or law enforcement officer is authorized to use such force as may be necessary to capture said dog.
C. 
An Animal Control Officer or law enforcement officer shall seize any unlicensed or untagged dog either on or off the owner's premises.
D. 
The owner of a licensed dog may redeem the dog within five days by producing to the Animal Control Officer or the Town Clerk's office a license for the dog and by paying to the Town Clerk or Animal Control Officer the cost of the seizure and cost of boarding, as set from time to time by resolution of the Town Board. If the dog is unlicensed, a license must be obtained regardless of the age of the dog before the dog can be released by the Animal Control Officer or the Town Clerk's office. If not so redeemed, the owner shall forfeit all title to the dog, and the dog shall be adopted or euthanized.
[Amended 2-18-2015 by L.L. No. 1-2015]
E. 
If the dog seized bears a current license tag, the Animal Control Officer or law enforcement officer shall notify the owner of the seizure, and the owner will have five days to redeem the dog. If such notification is done by mail, the owner will have seven days to redeem the dog.
[Amended 2-18-2015 by L.L. No. 1-2015]
F. 
Any dog three months or older shall not be released without a current rabies vaccination. If the owner of a dog cannot provide proof of current vaccination, the Town Clerk's office or the Animal Control Officer will arrange with a designated animal hospital to give the dog a rabies vaccination at the owner's expense.
G. 
If the dog is not claimed and is taken to the Humane Society at Lollypop Farm, the Society shall be empowered to adopt out or euthanize the dog. The Society shall submit to the Town a record of those dogs adopted or euthanized.
H. 
It shall be the duty of the Animal Control Officer or law enforcement officer to seize all dogs ordered seized by the Town Justice.
I. 
No action shall be maintained against the Town of Henrietta, the Animal Control Officer or any law enforcement officer or other agent of the Town 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 this article.
J. 
The Town hereby requires that all dogs adopted following seizure pursuant to this article be spayed or neutered before or after release from impoundment as required by Agriculture and Markets Law § 377-a.
[Added 2-18-2015 by L.L. No. 1-2015]
The owner of any dog, whether on or off the owner's premises and whether leashed or not, shall at all times restrain and control such dog so as to prevent injury to persons lawfully conducting themselves onto property and so as to prevent such dogs from putting any person in fear of immediate bodily harm, provided that such person is lawfully conducting himself at the time.
A. 
The Animal Control Officer or any law enforcement officer is hereby authorized to seize any dog which is reported to have attacked or injured any human being. Any such dog shall be confined for 10 days for the purpose of determining whether such dog is infected by rabies and, if so affected, may be euthanized.
B. 
The owner of such a dog shall, upon demand, deliver the dog to any officer authorized to seize the same and shall, upon demand, pay the Town the cost of confinement and treatment of the dog.
This article shall be enforced by the Animal Control Officer or any law enforcement officer.
The owner of any dog who fails to keep his dog leashed or under restraint shall be held liable for all damages caused by said dog.
Any Town Justice of the Town of Henrietta shall have jurisdiction to hear all actions and proceedings hereunder and of all prosecutions for violation of this article.
[Amended 2-18-2015 by L.L. No. 1-2015]
Any person who observes or has knowledge of a dog in violation of any section of this article may file a signed complaint, under oath, with the Animal Control Officer of the Town of Henrietta, specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and the name and residence of the owner of said dog.
Upon receipt by the Town Justice of any complaint filed in accordance with this article, the Town Justice shall summon the alleged owner to appear in person before him. If the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person.
The Animal 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 prescribed by the Town Board of the Town of Henrietta by resolution.
[Amended 2-18-2015 by L.L. No. 1-2015]
Any person who violates or knowingly permits a violation of this article shall be guilty of an offense and shall be subject to a fine of not less than $25 for the first violation; except that where the person was found to have violated this article within the preceding five years, the fine may be not less than $50, and where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not less than $100 or imprisonment for not more than 15 days, or both. Each separate offense shall constitute a separate additional violation. In addition, a dog found to be dangerous may be ordered destroyed at the discretion of the court.