Town of Boston, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Boston 5-6-81 by L.L. No. 2-1981. Amendments noted where applicable.]

§ 49-1
Definitions. 

§ 49-2
License required. 

§ 49-3
Leash requirement. 

§ 49-4
Control of dogs. 

§ 49-5
Noise. 

§ 49-6
Seizure of dogs. 

§ 49-7
Enforcement. 

§ 49-8
Impoundment for violations. 

§ 49-9
Seizure of identified dogs. 

§ 49-10
Seizure of unidentified dogs. 

§ 49-11
Unredeemed dogs. 

§ 49-12
Redemption; impoundment fees. 

§ 49-13
Trial procedure. 

§ 49-14
Sale of impounded dogs. 

§ 49-15
Euthanization of dogs. 

§ 49-16
Effect of seizure. 

§ 49-17
Penalties for offenses. 

§ 49-18
No compensation for dog euthanized. 

§ 49-19
License fees. 

As used in this chapter, unless the context otherwise indicates, the following terms shall have the meanings indicated:

AT LARGE
Elsewhere than on the premises of the owner or on the premises of another person without the knowledge, consent and approval of said other person and not under the control and restraint of said owner by adequate leash, cord, chain or otherwise.
DOG
Any member of the species Canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the Town Board to assist in the enforcement of Article 7 of the New York State Agriculture and Markets Law and this chapter, or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the municipality to assist in the enforcement of Article 7 of the New York State Agriculture and Markets Law and this chapter.
IDENTIFIED DOG
Any dog carrying an identification tag as provided in § 112 of the New York State Agriculture and Markets Law.
OWNER
Any person, firm, association or corporation owning, harboring, keeping or having the custody or control of any dog.

No person shall harbor or have the care, custody or control of any unlicensed dog of the age of six months or older.

No person owning, harboring or having the care, custody or charge of any dog, whether male or female, or whether identified or not, shall allow or permit such dog at any time to run at large within the Town of Boston unless such dog shall be effectively controlled and restrained by a competent person by means of a chain or leash not exceeding 10 feet in length.

No owner shall permit or allow such dog to urinate, defecate or commit any other nuisance or damage to property of the public or of another in any park, public building, street, parking lot or any public sidewalk or on any private property.

No owner of a dog or a duly approved kennel within the Town of Boston shall suffer or permit any dog or dogs to create any unreasonable, loud or disturbing noise of such an intensity and duration as to be detrimental to the life, health or welfare of any individual, and the violation 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 circumstance, time of day, particular location of each violation and demands of the public health, safety and welfare.

Any unlicensed dog, any dog running at large within the Town of Boston contrary to the provisions of § 49-3 or any dog which shall constitute a dangerous dog, defined as and deemed to be any dog which chases, jumps at or onto, snaps at or bites or has bitten any person or attacks, chases or worries any domestic animal, or which chases vehicles of any kind in the streets or public places or is an unspayed female dog in time of heat running at large or runs with a pack of dogs, shall be subject to seizure and impounding by the Dog Control Officer, any police officer or by any other person or agency designated by the Town or authorized by law to seize and impound such dog, and any such Dog Control Officer, police officer or other person or agency so seizing such dog hereunder shall be empowered to exercise such degree of force as shall be necessary to effect such seizure.

A. 

This chapter shall be enforced by the Dog Control Officer or by the Town Police Department or any other enforcement officer.

B. 

A Dog Control Officer or a peace officer observing the violation of this chapter or of § 119, Subdivision 1, of the New York State Agriculture and Markets Law in his presence shall issue and serve such process as prescribed by the Town Board, by resolution, in accordance with § 124, Subdivision 2(c), of the New York State Agriculture and Markets Law.

Any dog which violates the provisions of this chapter or of Article 7 of the New York State Agriculture and Markets Law may be impounded and taken to such place as may be designated by the Town Board as a place of detention. Such dog so detained may be redeemed by its owner as hereinafter provided.

Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after day of notice, during which period the dog may be redeemed by the owner. If such notification is made 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. In either case, the owner may redeem such dog upon payment of the impoundment fees prescribed by this chapter and by producing proof that the dog has been licensed.

Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of § 112 of the New York State Agriculture and Markets Law, and further provided that the owner pays the impoundment fee as hereinafter provided.

Any owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized.

[Amended 8-7-85 by L.L. No. 1-1985]
A. 

Any dog may be redeemed by its owner during the redemption period upon payment of the following impoundment fees:

(1) 

$20 for the first impoundment of any dog owned by that person.

(2) 

$30 for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the second impoundment within one year of the first impoundment of any dog owned by that person.

(3) 

$50 for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the third and subsequent impoundments within one year of the first impoundment of any dog owned by that person.

B. 

No dog shall be redeemed unless its owner produces proof that the dog has been licensed.

A. 

The owner of any dog who is issued an appearance ticket or other process pursuant to this chapter may answer the same by registered or certified mail, return receipt requested, within five days of the violation or violations as hereinunder provided in lieu of a personal appearance on the return date at the time in court specified in said appearance ticket.

B. 

If the person charged with the violation admits to the violation as charged in the appearance ticket, he may complete the appropriate form on such appearance ticket and forward such form and appearance ticket to the office specified on such appearance ticket. Such appearance ticket shall set forth the schedule of fines for violations of this chapter, and a check or money order in the amount of the fine for the violation charged shall be submitted with such answer.

C. 

If the person charged with the violation denies part or all of the violation as charged, he may complete the appearance ticket likewise prescribed for that purpose and forward such appearance ticket, together with a certified check or money order in the amount of $15, to the office of the court specified on such appearance ticket. Upon receipt, such answer shall be entered in the docket and a new return date established by the court officer. Such person shall be notified by return mail of the date and place of such return date or trial and security shall be returned upon the appearance thereat. If a person shall fail to appear on the return date when such is provided for pursuant to this section, the security posted to secure such appearance shall be forfeited and a summons or warrant for arrest may be issued pursuant to the Criminal Procedure Law.

D. 

In the event there is a violation of this chapter based upon an information and not an appearance ticket and the owner of the dog demands a trial, he shall post bail of $25 and demand in writing a trial. The Dog Control Officer or other enforcement officer shall immediately proceed to file an information with the Town Justice so that the matter will appear on the docket of the Town Justice Court as soon as possible. The rules of procedure and proof applicable in criminal actions shall apply.

The Dog Control Officer is hereby authorized to sell any dog impounded at such price as he shall determine to be fair, and shall deposit such sum in the general fund of the Town. The Town shall keep a record of all sales, and such records shall be open to public inspection. Such records shall be kept for six years.

In the event it becomes necessary to euthanize a dog, the Dog Control Officer or other law enforcement officer shall arrange, through a veterinarian or Dog Control Officer in his facilities, to humanely euthanize said dog and dispose of the carcass. Any Dog Control Officer that euthanizes a dog shall make a report in writing, in such form as required by the Commissioner.

Seizure of any dog shall not relieve any person from any violation of § 119 of the New York State Agriculture and Markets Law or of this chapter.

Any violation of this chapter or of § 119 of the New York State Agriculture and Markets Law shall constitute an offense, and a person convicted of such violation shall be liable for a fine for the first violation of not more than $25; for a second violation, a fine of not more than $50; and for a third and subsequent violation, a fine of not more than $75. In addition, a dog found to be dangerous may be ordered securely confined or destroyed in the discretion of the court.

The owner, possessor or harborer of any dog euthanized under the provisions of this chapter shall not be entitled to any compensation, and no action shall be maintainable thereafter to recover the value of such dog.

Pursuant to § 110, Subdivision 4, of the New York State Agriculture and Markets Law, an annual fee of $2.50 for each dog licensed by the Town of Boston, New York, under § 109, Subdivision 1, of the New York State Agriculture and Markets Law will be added to the fees established by § 110, Subdivision 1, of the New York State Agriculture and Markets Law. The above-mentioned annual fee will be charged for all licenses becoming effective on and after the effective date of this chapter.