[HISTORY: Adopted by the Town Board of the
Town of Cheektowaga as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 166.
[1]
Editor's Note: This ordinance also provided an effective date
of 1-1-2011.
A.
B.
Applicability.
This chapter shall apply to the entire Town of Cheektowaga outside
the limits of the Villages of Depew and Sloan.
A.
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.
B.
TOWN
TOWN CLERK'S OFFICE
As used
in this article, the following terms shall have the meanings indicated:
Town of Cheektowaga outside of the Villages of Depew and
Sloan.
The office of the Town Clerk of the Town of Cheektowaga.
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[1] of New York.
[1]
Editor's Note: See now Agriculture and Markets
Law § 118.
[Added 9-15-1997]
A.
No person shall keep more than three dogs six months
of age or older on any premises in the Town of Cheektowaga.
B.
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.
C.
For the purposes of this section, "premises" shall
be defined as an individual living unit/dwelling or individual business
or manufacturing unit.
D.
The owner of each dog must reside on the premises
where the dog is licensed.
E.
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:
(1)
Such dog(s) are the owner's pets and are not for sale
or in any way use for any business.
F.
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.
A.
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:
(1)
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.
(2)
In no event shall any feces be deposited in any storm
sewer or drainage ditch.
B.
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.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2011.
A.
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.
B.
License
fees and surcharges.
(1)
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.
(2)
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.
C.
Identification
of dogs.
(1)
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.
(2)
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.
D.
Impoundment.
[Amended 5-21-2013]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
