[HISTORY: Adopted by the Town Board of the
Town of Batavia as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-15-2010 by L.L. No. 4-2010[1]]
[1]
Editor's Note: This local law also repealed former Article
I, Dog Control, adopted 12-27-1989 by L.L. No. 3-1989.
The title of this article shall be "Dog Control Law of the Town
of Batavia."
This article is enacted pursuant to Article 7 of the Agriculture
and Markets Law of the State of New York, together with any future
modifications thereof. All provisions of said Article 7 are applicable
and incorporated herein except where modified hereby. The relevant
portions of the Conservation Law and Public Health Law also apply,
and enforcement of this article is intended by application of the
Penal Law.
The purpose of this article is to protect the health, safety
and well-being of persons, property, wildlife, and dogs by imposing
restrictions on the keeping and running at large of dogs within the
Town. This article is being enacted because the running at large and
other uncontrolled behavior of dogs has caused physical harm to persons
and damage to property and created a nuisance within the Town.
All terms defined in § 108 of the Agriculture and
Markets Law shall have the same meaning as used herein unless specifically
modified. For the purpose of this article, the terms as hereinafter
used are defined as follows:
The Agriculture and Markets Law of the State of New York
in effect during the life of this article.
A facility operated by a veterinarian or certified animal
care persons for the purpose of treating sick or injured animals.
A dog is securely confined or restrained when it is kept
on the owner's premises either within a building, kennel or other
suitable enclosure or securely fastened on a chain, wire, or other
effective tether of such length and so arranged that the animal cannot
reach or endanger any person on any adjacent premises or on any public
street, way or place; or, if the animal is being transported by the
owner, it is securely confined in a crate, on a tether or in another
container or so restrained within an enclosed vehicle in a safe manner
consistent with the dog's good health so that it cannot be expected
to escape therefrom. (See Agriculture and Markets Law §§ 353
and 356, cruelty to animals.)
Male and female, licensed or unlicensed, members of the species
Canisfamiliaris.
Any person authorized, by the Town Board, county or state
legislature from time to time, directed or permitted to enforce the
provisions of this article or the provisions of the Agriculture and
Markets Law.
The person, persons, firm, association or corporation who or
which:
Purchased the license for the dog and is the registered owner;
Professes ownership of the dog;
Has custody or control of the dog;
Harbors or is otherwise responsible for the dog;
Is the parent, guardian or head of household of any minor under
18 years of age who owns or harbors the dog; or
Brings into or permits the dog to come into the town.
For proof purposes, any person harboring, possessing or controlling
a dog for a period of one week prior to the filing of any complaint
charging a violation of this article or the Agriculture and Markets
Law shall be held and deemed to be the owner of such dog for the purposes
of this article. Parents, guardians or heads of household, as mentioned
above, shall be deemed to have custody and control of dogs owned or
harbored by minors and shall be responsible for compliance with this
article and the Agriculture and Markets Law in the Town.
A building or land used for harboring six or more dogs over
four months old.
[Added 8-16-2023 by L.L. No. 2-2023]
A purebred breeder is a person, firm, association or corporation
who raises dogs for show, competition or sale as certified by the
Town Clerk.
Any real property owned by the Town, county or state located
in the Town which is used for recreational purposes by the public,
including but not limited to parks or playgrounds.
To permit dogs freedom to run in a public place or on private
lands without the knowledge, consent and approval of the owner of
such lands, or running on any public highway.
Any designated area within the boundary lines of the Town
of Batavia.
A.
All dogs
in the Town of Batavia of the age of four months or older must be
licensed with the Town Clerk and are required to present a current
certificate of rabies vaccination at the time of licensing or renewal
of an existing license.
B.
All dog
licenses will be for a period of one year and will expire at the end
of the month one year from the date of issue. If an owner has multiple
dogs, he/she may request to have all licenses expire at the same time
as a previously issued license (not subject to prorating).
C.
Fees for
licensing of dogs:
(1)
The fee for a spayed or neutered dog shall be set by the Town Board by resolution. It shall include a state assessment pursuant to § 110-3 of the New York State Agriculture and Markets law, and additional funds for enumeration as provided for by § 110-4(a) of the Agriculture and Markets Law.
(3)
Enumeration
fee. When the Town Board determines the need for a dog enumeration,
a fee set by the Town Board by resolution shall be assessed to all
dogs found unlicensed or not renewed at the time enumeration is conducted.
(4)
Seniors.
For dog owners 65 years of age or older, one half of the fee retained
by the Town will be waived.
(5)
Purebred licenses. The fee for purebred licenses shall be set by the Town Board by resolution. It shall include a state assessment pursuant to § 110-3 of the New York State Agriculture and Markets Law, and additional funds for enumeration as provided for by § 110-4(a) of Agriculture and Markets Law.
(6)
Service dogs. The Town of Batavia requires licenses for all dogs living or harbored within the Town; however, the Town fee for licensing of all types of service dogs listed in § 110-2 of the Agriculture and Markets Law, including but not limited to, guide dogs, service dogs, hearing dogs, and detection dogs, is waived.
(7)
Shelters.
The Town of Batavia does not allow the licensing of dogs by a shelter.
(8)
Replacement
tag. For lost tags, a replacement fee will be set by the Town Board
by resolution for the replacement of any lost tag.
(9)
Late
fee. There may be a late fee set by the Town Board by resolution for
any license 60 days past due.
(10)
Impoundment
fees shall be set by resolution by the Town Board, with minimum amounts
as set forth in § 117 of the Agriculture and Markets Law.
D.
Fees listed in Subsection C above, that are in addition to those required by § 110 of the Agriculture and Markets Law, shall become the property of the Town.
E.
Any owner using land as a kennel, as defined in the definitions set forth herein, shall be required to obtain a special use permit pursuant to § 235-25B(7) of the Town of Batavia Zoning Ordinance.
[Added 8-16-2023 by L.L. No. 2-2023]
A.
Change of ownership or address. In the event of a change in the ownership
of any dog which has been assigned an official identification number
or in the address of the dog owner of record, the dog owner of record
shall, within 10 days of such change, file with the Town Clerk a written
report of such change. Such owner of record shall be liable for any
violation of Subdivision 1 of § 112 of the Agriculture and
Markets Law or this article until such filing is made or until the
dog is licensed in the name of the new owner.
B.
Lost or stolen dog. The owner of any dog which has been assigned
an official identification number and has been lost or stolen shall,
within 10 days of the discovery of such loss or theft, first contact
the Genesee County Animal Shelter and then file with the Town Clerk
a written report of such loss or theft and shall comply with Subdivision
2 of § 112 of the Agriculture and Markets Law. In the case
of a loss or theft, the dog owner of record shall not be liable for
any violation of this article committed after such report is filed.
C.
Dog's death. The dog owner of record shall notify the Town Clerk
of the dog's death either prior to renewal of the license or upon
the time of such renewal as set forth in Subdivision A of § 109
of the Agriculture and Markets Law and shall otherwise comply with
Subdivision 3 of § 112 of the Agriculture and Markets Law.
Failure to so notify the Town Clerk of the death of a dog as required
herein shall constitute a violation of this article and the dog owner
of record shall be held liable.
The Town Board will, by special resolution, maintain the appointment
of a Town Dog Control Officer as required by § 113 of the
Agriculture and Markets Law, setting compensation therein. Such officer
shall have authority as set forth in Subdivision 4 of § 113
of the Agriculture and Markets Law and shall be responsible for enforcing
the Agriculture and Markets Law and this article of the Town Code.
The Town Dog Control Officer is hereby authorized to issue an appearance
ticket pursuant to § 150.20 of the Criminal Procedure Law,
to serve a summons and to serve and execute any other order or process
in the execution of the provisions of this article as specified in
Subdivision 4 of § 113 and Subdivision 2(c) of § 124
of the Agriculture and Markets Law. The Dog Control Officer shall
maintain all reports required by Article 7 of the Agriculture and
Markets Law, specifically Subdivisions 5 and 6 of § 113.
By agreement, the Town may appoint a Dog Control Officer used by Genesee
County or one shared with any other municipality.
The Town will complete a Town dog enumeration every three years,
and dog owners discovered to be in violation of the Agriculture and
Markets Law or this article will be served or posted a ten-day notice
of delinquency requesting the owner to come into compliance. Thereafter,
should the dog owner fail to come into compliance within the ten-day
period, the Dog Control Officer will initiate prosecution of such
act as a violation under the Penal Law in accordance with § 118
of the Agriculture and Markets Law and this article. Completed dog
enumeration reports will be kept on file with the Town Clerk.
The Town adopts the same night quarantine of dogs invoked by
the Genesee County Legislature on April 9, 1980, in Resolution No.
89, which resolution requires that all dogs within the County shall
be securely confined by dog owners (see Section 10, Subdivision B
for exception) between sunset and one hour after sunrise. Violations
of this quarantine shall be punishable in accordance with the Agriculture
and Markets Law and this article, and dogs may be seized or destroyed
as authorized by Agriculture and Markets Law § 123. (See
attached copy of Genesee County Legislature Resolution No. 89 of 1980.[1]
[1]
Editor's Note: County Resolution No. 89 of 1980 is on file
at the office of the Town Clerk.
A.
It shall be unlawful for any dog owner in the town to permit or allow
a dog to:
(2)
Run at large unless the dog is restrained by an adequate leash or
unless it is accompanied by its owner or a responsible person able
to control it by command, or on its owner's property. For the purpose
of this article, a dog or dogs hunting in the company of a hunter
or hunters shall be considered as accompanied by their owner.
(3)
Engage in habitual loud howling, barking, crying or whining or conduct
itself in such a manner so as to unreasonably or habitually disturb
the comfort or repose of any persons other than the owner of such
dogs.
(4)
Uproot, dig into, upset or otherwise damage any vegetables, lawns,
flowers, garden beds, garbage containers or other property not belonging
to the owner of such dog.
(5)
Chase, jump upon or at or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury except when such
person may be on the owner's private property without said owner's
consent.
(6)
Habitually chase, run alongside or bark at motor vehicles, cyclists
and/or pedestrians while on a public street or highway or upon public
or private property other than property of the owner or harborer of
said dog.
(7)
Create a nuisance by defecating, urinating or digging on public or
private property other than the property of said owner.
(8)
Allow a female dog to be off the owner's premises when in heat except
when transporting such dog to a veterinarian's office or when involved
in a formalized, controlled breeding program.
(9)
Run at large on any school premises or recreational areas or the
sidewalks adjacent thereto.
B.
Establishment of the fact or facts that a dog has committed any of
the acts prohibited by this article shall be presumptive evidence
against the dog owner that he/she has failed to properly confine,
leash or control his/her dog.
A.
Town, county and state Dog Control Officers and/or police officers
may seize any dog found:
B.
To effect seizure, officers may only use such degree of force as
shall be necessary to gain control over the dog without intentionally
injuring or harming the dog, and such dog shall be impounded and disposed
of pursuant to § 117 of the Agriculture and Markets Law.
Officers are not authorized hereby to enter a building in order to
seize a dog without permission of the building owner. When permission
is not given and probable cause exists to believe that a dog is in
the building and is in violation of the Agriculture and Markets Law
or this article, then an officer can proceed before a court of law
to obtain a warrant to enter the building to seize the dog by application
of Criminal Procedure Law Article 690. The Town Dog Control Officer
will maintain records of seized, impounded, forfeited and adopted
dogs as required by § 117 of the Agriculture and Markets
Law and by the Genesee County Animal Shelter.
C.
The seizure of any dog shall not relieve any owner from any violation
provided for by the Agriculture and Markets Law and this article.
D.
No liability for damages or otherwise shall be incurred on account
of the seizure, euthanization or adoption of any dog seized pursuant
to this article on the part of the Town, county or state Dog Control
Officers or police officers. (See Agriculture and Markets Law § 117,
Subdivision 11.)
Following seizure of a dog pursuant to this article it shall be impounded pursuant to § 117 of Agriculture and Markets Law, and the fees will be as set forth in § 76-5C(10) of this article. Impoundment fees shall be paid to the Town of Batavia.
All dogs seized pursuant to this article will be subject to
forfeiture, adoption and euthanization as set forth in § 117
of the Agriculture and Markets Law and the County Animal Shelter rules
and regulations. The Town hereby encourages that all dogs adopted
following seizure pursuant to this article be spayed or neutered before
or after release from impoundment as the County Animal Shelter might
require. (See § 117, Subdivision 7 of the Agriculture and
Markets Law.)
This article may be enforced by either the Town Dog Control
Officer, county or state Dog Control Officers and/or police officers.
A.
It shall be a violation, punishable as provided in § 118
of the Agriculture and Markets Law, for:
(1)
Any dog owner to fail to license any dog;
(2)
Any dog owner to fail to have any dog identified as required by Agriculture
and Markets Law § 111;
(3)
Any dog owner to violate the night quarantine noted above;
(4)
Any dog owner to knowingly affix any false or improper identification
tag; or
(5)
Any dog owner to violate any of the restrictions listed in this article.
B.
Upon a violation of this article, the Town Dog Control Officer, county
and state Dog Control Officers and/or police officers may proceed
in accordance with § 118 of the Agriculture and Markets
Law.
C.
Fines and penalties for any violation of this article will be in
amounts set forth in § 118, Subdivision 2(a) of the Agriculture
and Markets Law.
D.
Violations of this article shall be prosecuted pursuant to the Penal
Law (see § 118, Subdivision 2, of the Agriculture and Markets
Law).
E.
The Town Dog Control Officer may serve appearance tickets personally
upon violating dog owners as required by law.
Dogs believed to be dangerous to human beings or domesticated
or protected animals will be proceeded against pursuant to § 123
of the Agriculture and Markets Law.
All money collected by the Town Court as a fine, penalty and/or
bail forfeiture pursuant to this article or Article 7 of the Agriculture
and Markets Law shall become the property of the Town.
A.
Any person who observes a dog in violation of this article may file
a complaint with the Town Dog Control Officer, county or state Dog
Control Officers and/or police officers specifying the nature of the
violation, the date thereof, a description of the dog and the name
and address, if known, of the owner of the dog.
B.
Upon receipt by the Town Dog Control Officer, county or state Dog
Control Officers and/or police officers of any such complaint, they
may investigate said complaint or they may summon the alleged owner
to appear in person before the Town Justice for a hearing, at which
both the complainant and owner shall have an opportunity to be represented
by counsel and to present evidence. If, after such hearing, the Town
Justice decides that further action is warranted, he/she may order:
