[HISTORY: Adopted by the Town Board of the Town of Cheektowaga as indicated in article histories. Amendments noted where applicable.]
Noise — See Ch. 166.
[Adopted 10-21-1985 as Ch. 21, Art. I, of the 1985 Code; amended in its entirety 12-6-2010]
Editor's Note: This ordinance also provided an effective date of 1-1-2011.
Purpose. The purpose of Articles I and II of this chapter is to promote the public health, safety and welfare of the residents of the Town of Cheektowaga by providing for:
Applicability. This chapter shall apply to the entire Town of Cheektowaga outside the limits of the Villages of Depew and Sloan.
The definitions of terms as set forth in Chapter 59, Part T, of the Laws of 2010, as further contained in Article 7 of the Agriculture and Markets Law of the State of New York, effective January 1, 2011, shall be applicable to such terms contained in this chapter.
All dogs while off the owner's premises, whether or not tagged or licensed, shall be restrained by leash, and any peace officer or designated representative of the Commissioner of Agriculture and Markets of the State of New York shall seize any dog not so restrained found off the owner's premises. The peace officer or designated representative of the Commissioner of Agriculture and Markets of the State of New York, who shall have seized any dog pursuant to the provisions of this article, shall provide for the feeding and caring of the dog and its disposition pursuant to the provisions of § 114-a of the Agriculture and Markets Law of New York.
Editor's Note: See now Agriculture and Markets Law § 118.
No person shall keep more than three dogs six months of age or older on any premises in the Town of Cheektowaga.
The Town Clerk shall not issue any dog license(s) in any instance where more than three dogs six months of age or older will be kept on any premises in the Town of Cheektowaga.
For the purposes of this section, "premises" shall be defined as an individual living unit/dwelling or individual business or manufacturing unit.
The owner of each dog must reside on the premises where the dog is licensed.
Exceptions. This section shall not apply to any person who, on the effective date of this section, has a valid dog license or purebred license for more than three dogs, subject to the following conditions:
Such dog(s) are the owner's pets and are not for sale or in any way use for any business.
In the event that any of the dogs licensed dies or is sold or transferred to another person, the owner cannot replace such dog and shall not be issued a license for any replacement dog unless the owner has three or fewer dogs, inclusive of the replacement dog.
Any person owning or having the care, custody or charge of any dog, which is kept on the owner's premises or the premises of others, shall, unless said dog is in his or her immediate custody or within a fenced enclosed area, keep said dog muzzled or securely fastened in such manner as to prevent said dog from biting any person lawfully entering upon or leaving such premises.
No person, firm or corporation shall keep, or allow to be kept, on premises owned by such person, firm or corporation, any dog which by its frequent barking, howling or whining or other noise shall unreasonably disturb the comfort or repose of any person.
No person owning, harboring, keeping, walking or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any sidewalk, gutter, street, play area, park or other public area nor on any private property without the permission of the owner of such property. The prohibition in this section shall not apply to that portion of a street lying between the curblines, which portion may be used to curb such dog under the following conditions: any person who so curbs a dog shall immediately remove all feces left by such dog as follows:
Feces shall be picked up with a scoop, shovel, broom, tong or similar implement and shall be placed directly in an airtight container, plastic or otherwise, and then deposited in a container used for the disposal of refuse.
In no event shall any feces be deposited in any storm sewer or drainage ditch.
Exclusion. The provisions of this section shall not apply to a guide dog accompanying any blind person.
Any violation of any of the provisions of this article shall be deemed an offense, and any person found guilty of such violation shall be liable for a fine of not less than $50 nor more than $500.
[Adopted 10-21-1985 as Ch. 21, Art.II, of the 1985 Code; amended in its entirety 12-6-2010]
Editor's Note: This ordinance provided an effective date of 1-1-2011.
Licensing of dogs. All dogs within the Town of Cheektowaga being four months of age or older shall be licensed by the Town Clerk’s office. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk’s office 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 Board of the Town of Cheektowaga. 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. Each license shall be valid for a period of one year and shall not be transferable.
License fees and surcharges.
License fees and surcharges under this chapter shall be prescribed, from time to time, by the Town Board of the Town of Cheektowaga by resolution.
In the event that an owner of a dog which is licensed by another municipality in New York State moves into the Town of Cheektowaga, he/she must obtain an identification tag from the Town Clerk’s office. In such instance, there will be no additional fee owing to the Town of Cheektowaga until such time as the license from the other municipality expires.
Identification of dogs.
Each dog licensed by the Town shall be assigned, at the time the dog is first licensed, a municipal identification number. Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar on the dog at all times. The Town may exempt dogs participating in a dog show during such participation from this requirement.
No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.
The owner of any dog impounded by the Town of Cheektowaga shall be entitled to redeem that dog within three business days from the date the dog is impounded, provided that the owner produces proof that the dog is licensed and the individual claiming the dog is identified as the owner. No fee will be charged for the first or second impoundments within one year. Fees established by the Town Board will be charged for the third or subsequent impoundments within a one-year period.
If the dog is unlicensed, the dog will be impounded until such time as the owner has paid the license fee and any impoundment fees.
If it is determined that the dog is in need of a rabies vaccination, the dog will be taken by the Town to a veterinarian for a rabies vaccination, and the owner will be charged the cost of the rabies vaccination plus any applicable impoundment fees.
Should the owner come to claim the dog on the third day of the impoundment and the dog is found to be unlicensed and in need of a rabies vaccination, the dog will remain impounded until the vaccination is given and the dog is licensed.
If any clause, sentence, paragraph or part of this ordinance or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof or the application thereof to other persons or circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.