[HISTORY: Adopted by the Town Board of the
Town of Chautauqua as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-30-1984 by L.L. No. 5-1984]
The purpose of this article is to preserve the
public peace and good order in the Town of Chautauqua and to contribute
to the public welfare, health and safety of the persons and property
of its inhabitants by declaring and enforcing certain regulations
and restrictions on the activities of dogs within the Town of Chautauqua.
The title of this law shall be "Dog Control
Law of the Town of Chautauqua."
As used in this article, the following words
shall have the following meanings:
The Agriculture and Markets Law of the State of New York.
An unleashed dog off the premises of the owner.
The Town Clerk of the Town of Chautauqua.
Any member of the species canis familiaris.
Any individual appointed by the Town Board to enforce the
provisions of this article, the Agriculture and Markets Law and the
rules and regulations promulgated pursuant thereto. The term "Animal
Control Officer" has the same meaning as "Dog Control Officer" with
respect to this article and enforcement of Article 7 of the Agriculture
and Markets Law, and the terms may be used interchangeably.
[Amended 12-9-1991 by L.L. No. 3-1991]
Any dog restrained by the accompaniment and control of the
owner or other responsible person while said dog is lawfully being
used for hunting or training purposes.
The dog is equipped with a collar or harness to which is
attached a leash; both collar or harness and the leash to be of sufficient
strength to restrain the dog, and which leash shall be held by a person
having the ability to control and restrain the dog by means of the
collar or harness and leash. A harness worn by a guide dog for the
blind or hearing impaired shall be considered a suitable leash hereunder.
A person under 16 years of age.
[Added 2-8-1993 by L.L. No. 1-1993]
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.
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
A.
All dogs in the Town of Chautauqua are hereby required to be restrained by a leash when off the owner's premises, whether such dogs are or are not tagged or licensed, except while such dog is being used for hunting as defined herein under § 54-3. No person who keeps, owns, harbors or has the care or control of any dog in the Town of Chautauqua shall permit such dog to be at large or unleashed in said Town except as permitted by local law.
B.
No person shall suffer, allow or permit to run at
large within the Town of Chautauqua any vicious dog or dogs of dangerous
disposition, or dog which, by its chasing or barking at persons, automobiles,
bicycles or moving vehicles, or in running at large, shall cause unreasonable
disturbance in a neighborhood and imperil the safety or disturb the
comfort and repose of any person.
[Amended 12-9-1991 by L.L. No. 3-1991]
C.
No dog, whether leashed or unleashed, shall be permitted
in any restaurant, grocery or commercial establishment which sells
food for human consumption, or in any cemetery, except for a guide
dog for the blind or hearing impaired, which may enter any such premises
if leading or accompanying a blind or hearing-impaired person therein.
D.
No person shall keep or suffer to be kept, a dog which
has attacked or chased any person peacefully conducting himself any
place where such person may lawfully be, or which has attacked, chased
or worried or killed any domestic animal, as defined in § 108,
Subdivision 7, of the Agriculture and Markets Law of the State of
New York, or any cat or dog, while such animal is in any place where
it may lawfully be.
[Amended 12-9-1991 by L.L. No. 3-1991]
E.
No person who owns a dog shall permit or suffer such
dog to damage or destroy property of any kind or to deposit waste
on the private property of other persons.
F.
No person shall keep, suffer or permit to be kept
on the premises occupied by such person any dog which by any barking,
howling or whining or other frequent or long-continued noises shall
habitually and unreasonably disturb the comfort or repose of other
persons.
G.
No person who owns a dog shall permit the premises,
structures or enclosures in which such dog is kept to be unclean or
unsanitary.
H.
No person shall permit a female dog owned by him to
be off such owner's premises, whether such dog is leashed or unleashed,
while such female dog is in heat.
A.
A Dog Control Officer or any peace officer is hereby
authorized to seize or direct a confinement of any dog which is reported
to have attacked or injured a human being. Such dog shall be confined
for such length of time as may be required for the purpose of determining
whether such dog is affected by rabies and, if so affected, it may
be destroyed.
B.
The owner of such dog shall, upon demand, deliver
the possession of such dog to the Dog Control Officer or any peace
officer authorized to seize same and shall, upon demand, pay to the
Town the cost of confinement and treatment of the dog.
A.
The Dog Control Officer or any peace officer shall
seize any dog which is found at large within the Town of Chautauqua
in violation of this article, as well as any dog or dogs otherwise
required to be seized under and by virtue of § 117 of the
Agriculture and Markets Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Any peace officer or Dog Control Officer of the Town
of Chautauqua shall seize any dog found at large not wearing the identification
tag required by Article 7 of the Agriculture and Markets Law of the
State of New York.
[Amended 12-9-1991 by L.L. No. 3-1991]
After any such seizure or impounding, the record
owner of such dog so seized and impounded shall be notified personally
or by certified mail, (return receipt requested), or if the address
is unknown, by affixing a written notice to the owner's last-known
residence, of the facts of seizure and the procedure of redemption.
If notification is personally given, such dog shall be held for a
period of five days after the day of notice, during which period the
dog may be redeemed by the owner. If such notification is by mail,
such dog shall be held for a period of nine days from the date of
mailing, during which period the dog may be redeemed by the owner.
During said period, the owner of such dog may recover the same during
the business hours of the pound or place of keeping the dog by producing
a license for such dog and by paying the sum of $10 for the first
seizure and impounding, or $25 for repeated seizures and impoundings,
plus the daily charge for each day or part thereof for the keeping,
feeding and caring for such dog while in custody, which charge shall
be established by resolution of the Town Board, and which sum shall
be paid to the Town Clerk, who will issue a receipt.
A.
Any person who observes a dog in violation of this
article or who observes a dog causing damage or destruction to the
property of a person other than its owner may file a complaint under
oath with the Dog Control Officer, specifying the objectionable conduct
of the dog, the date thereof, the damage caused, a description of
the dog and the name and residence, if known, of the owner or other
person harboring said dog.
[Amended 12-9-1991 by L.L. No. 3-1991]
B.
Upon receipt by the Dog Control Officer of a complaint,
the Dog Control Officer shall proceed pursuant to Article 7 of the
Agriculture and Markets Law or this article.
[Amended 12-9-1991 by L.L. No. 3-1991]
C.
The Dog Control Officer and/or any peace officer or
police officer authorized by the Town to enforce this article shall
have the authority to issue an appearance ticket pursuant to § 150.20
of the Criminal Procedure Law, or, in lieu thereof, a uniform appearance
ticket, or, in lieu thereof, a uniform appearance ticket and simplified
information to serve a summons, and to serve and execute any other
order or process in the execution of the provisions of this article.
D.
A person charged with a violation of any provision
of this article may proceed pursuant to § 118, Subdivision
3, of the Agriculture and Markets Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In the event that the owner of the dog desires
a trial, he shall post the bail of not less than $25, pay for the
care of the dog while impounded and demand a trial before the Trial
Justice. The fact that a dog is at large within the Town of Chautauqua
shall be presumptive evidence that the owner permitted said dog to
run at large in violation of this article.
If an impounded dog is not redeemed or trial
demanded within the time set forth herein, the owner shall forfeit
title to the dog, and it may thereafter be put up for adoption or
destroyed. If said dog is put up for adoption, the Town of Chautauqua
will have the right to require that said dog be spayed or neutered
at the adoptive owner's expense.
In the event that it becomes necessary to destroy
a dog, the Dog Control Officer or other peace officer shall arrange
for the destruction of the dog and make a report, in writing, of such
destruction to the Town Clerk. The Town Clerk shall keep a record
of the destruction for one year.
The Town Justice of the Town of Chautauqua shall
have the jurisdiction to hear all complaints under this article, and
of all actions and proceedings hereunder, and of all prosecutions
for the violations of this article.
[Added 2-8-1993 by L.L. No. 1-1993]
Except where otherwise provided for in Article
7 of the Agriculture and Markets Law, a violation of this article
shall, upon conviction, be punishable by a maximum fine of $250 or
by imprisonment for not more than 15 days, or both.
[Adopted 12-13-2010 by L.L. No. 3-2010
All dogs within the Town of Chautauqua four months of age or
older, unless otherwise exempted, shall be licensed. The owner of
each dog required to be licensed shall obtain, complete and return
to the Chautauqua Town Clerk a dog license application together with
the license application fee, any applicable license surcharges and
such additional fees as may be established by the Town of Chautauqua.
Each 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.
All dog licenses shall be valid for a period of one year and
shall expire at the end of the month one year from the date of issuance.
A.
The fee for a spayed or neutered dog is $5, which fee includes the
assessment of a surcharge of $1 for the purpose of carrying out a
program of animal population control. The fee for a dog that is not
spayed or neutered dog is $13, which fee includes the assessment of
a surcharge of $3 for the purpose of carrying out a program of animal
population control. The fee for a replacement tag is $3. Such fees
may be reviewed from time to time by the Town Board and amended by
resolution of the Town Board, as it deems necessary.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
All licenses shall be purchased in person at the Town offices or
by regular mail. If licensing or renewing a license by mail, the appropriate
fee shall accompany the forms. There shall be no refund of fees.
C.
All license fees shall be used in funding the administration of the
Animals Law of the Town of Chautauqua.
When the Town Board determines the need for a dog enumeration,
a fee of $5 will be assessed to the owner of any dog found unlicensed
or for which the license has expired and has not been renewed at the
time the enumeration is conducted.
The Town of Chautauqua will issue a purebred license and the
fee shall be $25 plus the applicable surcharge, depending on whether
the dog is spayed or neutered.
The Town of Chautauqua shall require a license for any guide
dog, service dog, hearing dog or detection dog, as those terms are
defined by Article 7 of the Agriculture and Markets Law, but no license
fee shall be required therefor.
The Town of Chautauqua does not allow the licensing of dogs
by a shelter. The shelter shall send the adoptive dog owners to the
Clerk of the Town or city in which the dog will be harbored for licensing
or to the Town Clerk of the Town of Chautauqua where the shelter is
located for the purchase of licensing.
