[HISTORY: Adopted by the Town Board of the Town of Hamburg 7-12-1965 by L.L. No.
3-1965; amended in its entirety 11-15-2010 by L.L. No.
9-2010. Subsequent amendments noted where applicable.]
The purpose of this chapter shall be to preserve the public
peace and good order in the Town of Hamburg and to contribute to the
public welfare and the preservation and protection of the property
and the persons of the inhabitants of said Town by declaring and enforcing
certain regulations and restrictions on activities of dogs within
the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
Either:
A.
Elsewhere than on the premises of the owner; or
B.
DOG
DOG CONTROL OFFICER
IDENTIFICATION TAG
OWNER
On the premises of another person without the knowledge, consent
and approval of said other person(s).
Both male and female dogs, licensed or unlicensed.
A person authorized by the Town Board to enforce the provisions
of this chapter and provisions of the Agriculture and Markets Law
of the State of New York.
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
Any person, firm, association or corporation owning, harboring,
keeping or having the custody or control of any dog.
A.
Running at large prohibited; restraint required; exception.
(1)
No person owning, harboring or having the care, custody or charge
of any dog, whether male or female or whether licensed or not, shall
allow or permit such dog at any time to run at large within the Town
of Hamburg, unless such dog shall be effectively restrained by a chain
or a leash not exceeding eight feet in length in the care of a competent
person. In no event should said dog enter upon the lands of another
without his consent.
B.
No owner of a dog within the Town of Hamburg shall suffer or permit
any dog or dogs to create any unreasonably loud or disturbing noise
of such intensity and duration as to be detrimental to the life, health
or welfare of any individual, and the violation of any provisions
hereof is prohibited and deemed to be a public nuisance, and such
dog or dogs shall be so housed and confined in a place so constructed
as to prevent such disturbing and unnecessary noise as may result
from the habitual or continual barking of such dog or dogs. The provisions
of this section shall be liberally construed to prevent excessive,
unreasonable, disturbing and unnecessary noise, due consideration
being given to the circumstances, time of day, particular location
of each violation and the demands of the public health, safety and
welfare.
C.
Denial of entry. No person, owner, agent and/or employee of any commercial
or retail establishment or association within the Town of Hamburg
shall prevent a guide dog, hearing dog, therapy dog, or service dog
(as defined in Article 7 of the New York State Agriculture and Markets
Law), while under the control of a person needing assistance, from
entering his or her premises or a public location.
D.
All pet
owners and keepers are required to immediately and properly dispose
of their pet's solid waste deposited on any property, public or private,
not owned or possessed by the person. On any property owned or possessed
by that person, all pet owners and keepers are required to dispose
of their pet's solid waste at a frequency of at least weekly or more
frequently if necessary to prevent a public health nuisance.
[Added 4-25-2022 by L.L. No. 1-2022]
A.
Any person owning, possessing or harboring a dog four months of age
or over in the Town of Hamburg shall be required to have the dog vaccinated
to prevent the spread of rabies.
A.
License required. Any person owning, possessing or harboring a dog
four months of age or over in the Town of Hamburg shall obtain a current
license for said dog and shall place and keep on such dog a collar
to which shall be securely attached a valid identification tag for
that dog, in accordance with the requirements of this chapter.
B.
At the time of licensing or license renewal, a current, valid certificate, indicating that the dog has been vaccinated to prevent the spread of rabies, or a written statement that the dog's life would be endangered by a rabies vaccination, certified by a duly licensed veterinarian, as provided for in § 100-4B above, must be surrendered to the Town Clerk's office.
Applications for a license or a renewal thereof shall be accompanied
by a nonrefundable processing fee in an amount determined from time
to time by resolution of the Town Board, plus $1 mandated NYS surcharge
for an altered dog or mandated NYS surcharge for an unaltered dog.
A senior citizen discount of $3 shall be applicable (65 years of age
or older) to the base fee upon proper proof. A portion of the fee
shall be paid over to the agency designated pursuant to Article 7
of the Agriculture and Markets Law to be used for animal population
control efforts. No license fee or part thereof shall be refunded
because of a subsequent death, loss, spaying or neutering, or removal
from the Town of such dog.
A.
An application for a license or renewal shall be in the form prescribed
by the Hamburg Town Clerk and shall provide for the following minimum
information:
(1)
The name, residence address and telephone number of each owner; and
(2)
The name, sex, approximate age, breed, color, markings and other
identifying details for the dog; and
(3)
State whether the dog has been spayed or neutered; and
(4)
Such other information or documentation deemed necessary by the Town
Clerk to effectuate the purpose of this chapter.
B.
Rabies certification. The application for a license or renewal shall
be accompanied by a statement certified by a licensed veterinarian
showing that the dog has received the rabies vaccine or, in lieu thereof,
a statement certified by a licensed veterinarian that because of the
dog's age or other reason, the life of the dog would be endangered
by the administration of the vaccine.
C.
Spayed/neutered certificate. In the case of an altered dog, every
application shall be accompanied by a certificate signed by a licensed
veterinarian or a sworn affidavit signed by the owner in the form
acceptable to the Town Clerk showing that the dog has been spayed
or neutered, except that such certificate or affidavit is not required
if same is already on file with the Town Clerk. In lieu of the spayed
or neutered certificate, an owner may present a statement certified
by a licensed veterinarian stating that he or she has examined the
dog and found that, because of old age or other reason, the life of
the dog would be endangered by spaying or neutering. In such case,
the license fee for the dog shall be the same as an altered dog.
A.
Upon validation by the Town Clerk, a dog license shall be issued
and a record of its issuance retained in the office of the Town Clerk.
Such record shall be made available upon the request to the State
Commissioner of Agriculture and Markets, or successor thereof.
B.
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately apply for a new license
for the dog. A license cannot be transferred to another dog.
C.
Identification tag.
(1)
The Town Clerk shall assign an identification number to a dog when
it is first licensed. Such identification number shall be carried
by the dog on an identification tag, which shall be affixed to the
collar of the dog at all times.
(2)
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which the number has been
assigned.
(3)
Any person wishing to replace a tag previously issued shall pay the
sum of $3 to the Town Clerk for a replacement tag.
D.
The owner or keeper of any dog shall provide proof of said license
upon request of the Dog Control Officer, police officers or other
authorized officials.
All licenses issued pursuant to this article, and any renewal
thereof, shall expire on the last day of the month which is one year
after the date of issuance, except in the event an applicant for a
license or renewal presents a statement certified by a licensed veterinarian,
in lieu of a rabies certificate, then the license shall be issued
for one year from the date of the statement.
A.
Change in address. In the event of a change in address of the owner
of record of any dog, the owner of record shall (new owner in case
of change in ownership), within 10 days of the change, file with the
Town Clerk a written notification of such change.
B.
Change in owner. In the event in the change of ownership, the new
owner shall immediately apply for a new license for the dog. Such
new owner shall be liable for any violation of this chapter from the
date of change in ownership, even if prior to the application for
a new license for the dog.
C.
Lost or stolen dog. If any dog which has been licensed is lost or
stolen, the owner of record shall within 10 days of discovery of such
loss or theft, file with the Town Clerk a written notification of
such event In the case of loss or theft, the owner of record shall
not be liable for any violation of this chapter committed after such
notification has been made.
D.
Death of dog. In case of the death of a licensed dog, the owner of
record shall notify the Town Clerk of the dog's death either before
or upon receipt of a renewal notice from the Town Clerk.
A.
It shall be the duty of the Dog Control Officer of the Town of Hamburg
to enforce the provisions of this chapter.
B.
A Dog Control Officer shall have all the powers of a constable or
a peace officer in the execution of the provisions of this chapter,
including the service of a summons and/or the service of an appearance
ticket, pursuant to § 114 of the Agriculture and Markets
Law of the State of New York, and shall keep such records as required
by this chapter and by Article 7 of the Agriculture and Markets Law
of the State of New York.
A.
Any dog found to be at large and seized by any dog control officer
or peace officer shall be held for the redemption period and may be
redeemed by the owner within the time and in the manner prescribed
by § 118 of Article 7 of the Agriculture and Markets Law
of the State of New York, provided that the owner pays the following
impoundment fees and said owner shows due proof that said dog is duly
licensed or that said owner thereupon properly licenses said dog.
The owner of any dog impounded by the Town of Hamburg shall be entitled
to redeem that dog within five business days, from the day the dog
is impounded, excluding the day the dog is impounded, provided that
the owner produces proof the dog is licensed and identified and pays
the following fees:
(1)
Ten dollars, plus an amount to be determined from time to time by
resolution of the Town Board per day of impoundment for the first
impoundment of any dog owned by that person;
(2)
Twenty dollars, plus an amount to be determined from time to time
by resolution of the Town Board, per day of impoundment for the second
impoundment of any dog owned by that person within one year of the
first impoundment;
(3)
Thirty dollars, plus an amount to be determined from time to time
by resolution of the Town Board per day of impoundment for the third
impoundment of any dog owned by that person within one year of the
first impoundment.
B.
If the Dog Control Officer or Police Officer finds a dog that has been reported to be running at large, and the owner is found by the DCO or Police Officer, and the owner can show proof that the dog is duly licensed and has a current rabies shot, the dog may be returned to the owner and § 100-13A(1) through A(3) are waived by the Town of Hamburg.
[Added 11-7-2016 by L.L.
No. 7-2016[1]]
C.
If the dog is licensed, a notice of impoundment shall be sent by
the Dog Control Officer to the owner of record by regular U.S. Mail
as soon as practicable.
D.
Return of the dog to the owner of record shall be dependent upon
admission of ownership or the keeping of said dog, and assumption
of responsibility by the owner. If said dog is unlicensed, a current
license shall be obtained and all impound fees shall be paid prior
to the release of the dog, in addition to any fees charged for boarding,
medical costs or other care costs.
E.
Failure of an owner to redeem any dog, after due notice, shall not
relieve said owner from payment of the prescribed impoundment fees
set forth herein.
A.
It shall be a violation, punishable as provided in Subsection B of this section, for the owner of any dog to permit, at any time, a violation of this chapter.
B.
A violation of this section shall be punishable, where prosecuted,
pursuant to the Penal Law, by a fine of not more than $25, except
that:
(1)
Where the person was found to have violated this section within the
preceding five years, the fine may not be more than $50.
(2)
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 more than $100 or imprisonment for not more than 15 days, or
both.
This chapter to take effect immediately upon passing and filing
with the Secretary of State.
