[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.
C.
The owner of a dog shall notify the Town Clerk of a change of address
or ownership or the death or loss of their licensed dog.
[Added 6-13-2018 by L.L.
No. 5-2018]
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.
E.
A late license renewal surcharge shall be charged, in addition to
the standard license fee, for a dog license renewal completed after
the license has expired. Such surcharge shall be set by the Town Board
and reflected in the Town Fee Schedule.
[Added 6-13-2018 by L.L.
No. 5-2018]
As used in this article, the following terms shall have the
meanings indicated:
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:[1]
Accompanied by and under the immediate supervision and control
of the owner or other responsible person.
A police work dog in use for police work.
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.
Any dog that acts or places any person in fear of immediate
bodily harm.
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]
A person or persons appointed by the Town of Henrietta for
the purpose of enforcing this chapter, including deputies.
[Added 3-8-2023 by L.L. No. 4-2023]
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.
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.
The object issued by the Town of Henrietta and bearing the
number of the license issued to the owner.
[1]
Editor's Note: The former definition of "Animal Control Officer,"
which immediately preceded this definition, was repealed 3-8-2023
by L.L. No. 4-2023.
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.
[Amended 3-8-2023 by L.L. No. 4-2023]
A.
The Town
Board may appoint one or more one or more Dog Control Officers (including
Deputy Dog Control Officers).
B.
In lieu
of or in addition to the appointment of a Dog Control Officer, the
Town may contract for dog control officer services with any other
municipality or with any incorporated humane society or similar incorporated
dog protective association, or shall appoint, jointly with one or
more other municipalities, one or more Dog Control Officers having
jurisdiction in each of the cooperating municipalities.
C.
The Dog Control Officer shall have the powers and duties of a Dog Control Officer as set forth by Agriculture & Markets Law Chapter 69 Article 7, including the power and duty to enforce and administer this Chapter. In addition, law enforcement officers of the Monroe County Sheriff’s Office shall have the authority to assist in the enforcement of this chapter.
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:
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 Dog Control Officer, from a location off the owner's or caretaker's
premises.
[Amended 2-18-2015 by L.L. No. 1-2015; 3-8-2023 by L.L. No. 4-2023]
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 Dog
Control Officer or law enforcement officers in the enforcement of
this article.
[Amended 3-8-2023 by L.L. No. 4-2023]
K.
No person shall refuse to deliver up to the Dog Control Officer or
law enforcement officers his dog or dogs when requested to do so under
the provisions of this article.
[Amended 3-8-2023 by L.L. No. 4-2023]
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.
[Amended 2-18-2015 by L.L. No. 1-2015; 3-8-2023 by L.L. No. 4-2023; 6-28-2023 by L.L. No. 7-2023]
A.
Seizure. Any dog in violation of this chapter may be seized at any
time by the Dog Control Officer or any law enforcement officer.
B.
At-large dogs. If any dog is found running at large or ordered seized
by a Town Justice and cannot be safely seized, the Dog Control Officer
or law enforcement officer is authorized to use such force as may
be necessary to capture said dog.
C.
Unlicensed dogs. A Dog Control Officer or law enforcement officer
shall seize any unlicensed or untagged dog either on or off the owner's
premises.
D.
Voluntary surrender. In the Dog Control Officer's sole discretion,
the Town may, but does not have the obligation to, accept into its
temporary possession for temporary keeping a dog turned over by law
enforcement where no other violation of this chapter exists and wherein
law enforcement is unable to find suitable care for the dog. The owner
may redeem the dog within seven days after the Town takes possession
by producing a license for the dog, paying a $25 administrative fee,
and paying to the Town the cost of boarding and other costs incurred
by reason of having kept said dog, which fees/costs may be set and
changed from time to time by resolution of the Town Board. Failure
to redeem such dog(s) within the prescribed time period will result
in the owner forfeiting all title to the dog, and the dog shall be
adopted or euthanized.
E.
Redemption of licensed dog. If a seized dog bears a license tag (an
identified dog), the Dog Control Officer shall attempt to ascertain
the owner of the dog and give notice by certified mail or personally
serve such owner or an adult member of the household with a notice,
in writing, stating that the dog has been seized and will be adopted
or euthanized unless redeemed as hereinafter provided. The owner of
a licensed dog (an identified dog) may redeem the dog within the time
prescribed herein by producing to the Dog Control Officer or the Town
Clerk's Office a license for the dog and by paying to the Town
Clerk or Dog Control Officer the cost of the seizure and cost of boarding,
as set from time to time by resolution of the Town Board.
F.
Time to redeem licensed dog. If a seized dog bears a current license
tag, the owner will have five days after notice to redeem the dog
if personally served with notice. If such notification is accomplished
via mail, the owner will instead have seven days after notice to redeem
the dog.
G.
Time to redeem unlicensed dog. If a seized dog is unlicensed (an
unidentified dog), the owner will have five days after seizure to
redeem the dog, and a license must be obtained regardless of the age
of the dog before the dog can be released by the Dog Control Officer
or the Town Clerk's office. Additionally, the owner shall pay
to the Town the cost of the seizure and cost of boarding, as set from
time to time by resolution of the Town Board, prior to redemption.
H.
Failure to redeem. If not so redeemed within the time set forth above,
the owner shall forfeit all title to the dog, and the dog shall be
adopted or euthanized.
I.
Rabies vaccination. 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 Dog Control Officer will arrange with a designated animal hospital
to give the dog a rabies vaccination at the owner's expense.
J.
Humane society. 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.
K.
Town justice orders. It shall be the duty of the Dog Control Officer
or law enforcement officer to seize all dogs ordered seized by the
Town Justice.
L.
No liability. No action shall be maintained against the Town of Henrietta,
the Dog 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 chapter, nor for the adopting out of any
dog pursuant to this chapter.
M.
Spay/neuter. 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.
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.
