[HISTORY: Adopted by the Town Board of the
Town of Chili as indicated in article histories. Subsequent amendments
noted where applicable.]
[Adopted 5-28-1958; amended 9-6-1967 (Ch. 44, Art. II, of the 1980 Code)]
A.
The purpose of this article shall be to preserve the
public peace and good order in the Town of Chili and to contribute
to the public welfare and good order of its people by enforcing certain
regulations and restrictions on the activities of dogs that are consistent
with the rights and privileges of the owners of dogs and the rights
and privileges of other citizens in the Town of Chili.
B.
This article is adopted pursuant to the authority
of Article 7 of the Agriculture and Markets Law.
[Amended 5-20-1987 by L.L. No. 2-1987; 12-1-2010 by L.L. No.
5-2010]
[Amended 4-2-1969; 5-20-1987 by L.L. No. 2-1987; 12-3-2008 by L.L. No. 4-2008]
No person or persons living in the same household,
living unit, apartment, trailer or other dwelling shall keep or suffer
to be kept more than two dogs, six months old or older, at any one
time on said premises, excepting herefrom those persons holding a
private animal kennel license.
[Amended 5-20-1987 by L.L. No. 2-1987; 12-1-2010 by L.L. No.
5-2010]
The Dog Control Office of the Town of Chili
is hereby authorized to enforce those provisions of the New York State
Agriculture and Markets Law, § 121 Dangerous dogs, relating
to and defining dangerous dogs. In addition thereto, the term "dangerous
dogs" shall include any dog killing, attacking and chasing another
dog or cat.
[Amended 9-27-1978; 12-3-2008 by L.L. No. 4-2008]
Persons owning, harboring or in control of a dog shall exercise good and sufficient control over said dog so as to effectively prevent such animal from barking, howling and/or whining outside a dwelling or within a dwelling where such barking, howling and/or whining constitutes a disturbance to the general peace and tranquility of the neighbors and the neighborhood by reason of extended and continuing barking, howling and/or whining for a period exceeding 15 minutes, as set forth in § 352-4B(2) of the Code of the Town of Chili.
[Amended 9-7-1977]
It shall be unlawful for the owner or person
harboring any female dog to permit such dog to run at large when in
heat, and such dog shall be confined to an enclosed premises of such
person during such period.
No person shall keep or suffer to be kept a
dog in the habit of continually chasing or barking at automobiles,
bicycles or moving vehicles.
[Amended 5-20-1987 by L.L. No. 2-1987]
No person shall keep or suffer to be kept any
dog which kills any other dog, cat or domestic animals as defined
by the New York State Agriculture and Markets Law § 108,
Subdivision 7.
[Amended 5-20-1987 by L.L. No. 2-1987]
A.
"Owner" defined.
(1)
For the purpose of this article, the "owner" of a
dog is defined as follows: The owner of a dog shall be considered
the person purchasing the license, the person who harbors or keeps
any dog or the person having custody and control of the dog.
(2)
In the event that any dog found to be in violation
of this article shall be owned by a minor, the head of the household
in which said minor resides shall be deemed to be the owner of the
dog, as hereinabove defined, and shall be responsible for any acts
of said dog in violation of this article.
B.
Responsibility of owner. The owner of every dog which
at any time is kept, brought or comes into the Town of Chili will
be responsible for the strict observance and control of such dog with
respect to all rules and regulations contained in this article at
all times.
No person who owns a dog shall permit such dog
to be at large in the Town of Chili, Monroe County, New York, unless
under leash not exceeding six feet in length, other than when on the
premises of the person owning, keeping, harboring or having the custody
and control of such dog or upon the premises of another with the knowledge,
consent and approval of the owner of said premises or when hunting
in the company and under the control of a hunter or hunters.
[Amended 5-20-1987 by L.L. No. 2-1987]
A.
The Town of Chili shall appoint a Dog Control Officer
pursuant to the New York State Agriculture and Markets Law. The term
"Dog Control Officer" shall include any Assistant Dog Control Officer
and/or part-time Dog Control Officer.
B.
It shall be the duty of the Dog Control Officer to
enforce Article 7 of the New York State Agriculture and Markets Law
and this article of the Town Code of the Town of Chili.
C.
The Dog Control Officer of the Town of Chili shall
seize any dog found in violation of this article or Article 7 of the
Agriculture and Markets Law of the State of New York.
D.
All complaints concerning alleged violations of this
article or Article 7 of the Agriculture and Markets Law of the State
of New York shall be communicated to the Dog Control Officer. All
such complaints, both verbal and written, shall be investigated immediately.
E.
It shall be the duty of the Dog Control Officer, in
the appropriate case, to proceed with civil or criminal enforcement
of this article or Article 7 of the Agriculture and Markets Law of
the State of New York.
[Amended 4-2-1969]
B.
All complaints made under any provision of this article
by a party or parties other than the Dog Control Officer must be in
writing, signed and sworn to before a Town Justice. Such complaints
shall be promptly heard and determined by a Town Justice after return
notice of such complaint is given to the owner of such dog in compliance
with the Uniform Justice Court Act of the State of New York. Personal
service upon the owner shall be made in compliance with the Uniform
Justice Court Act or any other applicable statutes of the State of
New York.
[Amended 5-20-1987 by L.L. No. 2-1987]
[Amended 5-20-1987 by L.L. No. 2-1987]
A.
Every dog seized shall be properly fed and cared for
at the expense of the Town of Chili until disposition thereof, as
herein provided, and in accordance with the applicable provisions
of the Agriculture and Markets Law of the State of New York. Every
dog seized shall be treated in a humane manner.
B.
If the dog seized bears a license tag, the Dog Control
Officer shall ascertain the owner of the dog and shall give immediate
notice by personally serving such owner or by mailing said personal
notice to such owner, or an adult member of his family, with a notice
in writing stating that the dog has been seized and will be destroyed
unless redeemed as herein provided.
[Amended 5-20-1987 by L.L. No. 2-1987]
C.
The owner of a dog so seized may redeem the dog within
a five-day period, provided that such owner produces proof that the
dog has been licensed and upon payment to the Town Clerk of the Town
of Chili of the prescribed fees for the cost of seizure and the prescribed
boarding fees as set forth in the Fee Schedule approved by Town Board
resolution.
[Amended 9-27-1978; 5-20-1987 by L.L. No. 2-1987; 12-3-2008 by L.L. No.
4-2008]
D.
If not so redeemed, the owner shall forfeit all title
to the dog, and the dog shall be put out for adoption or destroyed
by the Dog Control Officer, and, in the case of adoption, the adopting
person must pay licensing fees to the Town of Chili as set forth in
the Dog Fees Schedule. A dog which is to be destroyed shall be destroyed
only by a veterinarian in keeping with the latest humane practices
of disposing of animals. The Dog Control Officer who causes such dog
to be destroyed shall make a written report of such destruction and
disposition to the Town Clerk, together with a statement from the
veterinarian destroying the dog stating that the dog was destroyed
in keeping with humane practices. The Town Clerk shall keep a record
of all dogs which are destroyed.
[Amended 5-20-1987 by L.L. No. 2-1987]
E.
In those instances where a dog has been seized and
bears a license tag, the notice given by the Dog Control Officer pursuant
to this section shall contain a statement advising the owner that,
in the event of the owner's failure to redeem the dog within the time
allowed, all costs in connection with the feeding, caring, housing
and destruction of said dog shall be a charge against the owner, and
written request will be made for said expenditure after destruction
of said dog. Said notice will further advise the owner that, in the
event of his failure to pay the expenses as aforesaid within 30 days
of the receipt of said request from the Town, the sum will be placed
on the tax rolls of any real property in the Town of Chili to which
the owner has title.
[Added 7-1-1970; amended 5-20-1987 by L.L. No. 2-1987]
The owner, harborer or possessor of any dog
destroyed under the provisions of this article shall not be entitled
to any compensation, and no action shall be maintainable thereafter
to recover the value of the dog.
The Town Board may from time to time amend,
supplement, change, modify or repeal this article pursuant to the
provisions of the Town Law applicable thereto.
[Added 1-21-1976; amended 5-20-1987 by L.L. No. 2-1987]
The Dog Control Officer or a peace officer observing
a violation of the Chili Dog Ordinance in his presence shall issue
and serve an appearance ticket for such violation. The appearance
ticket shall be in a form described by § 150.10 of the New
York Criminal Procedure Law.
[Added 9-7-1977; amended 9-3-1980; 12-3-2008 by L.L. No. 4-2008]
In accordance with Article 7, § 109,
of the New York State Agriculture and Markets Law, no person shall
own or harbor a dog unless licensed as provided in said article. Licenses
are required for dogs four months or older. All dogs shall be relicensed
one year from the date of issuance of license. (Example would be:
If a dog were licensed in May 1980, it would be relicensed in May
1981.)
[Added 9-7-1977]
No person who owns a dog shall permit the premises,
structures or enclosures in which such dog is kept to be unclean,
unsanitary or foul smelling.
[Added 9-27-1978]
A.
No dog, while in the custody and control or supervision
of his owner or any other person, shall enter any public building
in which foods, beverages or medicines are served, sold or dispensed.
The person in custody, control or supervision of said dog at the time
of any such violation shall be deemed the responsible party under
this section.
B.
The following types of dogs are hereby excluded from
this prohibition: guide dogs, hearing dogs, service dogs, war dogs,
working search dogs, detection dogs, police work dogs and therapy
dogs.
[Added 5-20-1987 by L.L. No. 2-1987;
amended 12-3-2008 by L.L. No. 4-2008]
[Amended 9-7-1977; 6-14-2023 by L.L. No. 2-2023]
A violation of this article shall constitute
a violation which shall be punishable by a fine not exceeding $250.
[Adopted 12-1-2010 by L.L. No. 5-2010[1]]
[1]
Editor's Note: This local law also repealed former Art. II,
Dog License Fees, adopted 7-18-1979 by L.L. No. 3-1979 (Ch. 44, Art.
III, of the 1980 Code, as amended in its entirety 12-3-2008 by L.L.
No. 4-2008. The local law provided an effective date of 1-1-2011.
A.
All dogs within the Town four months of age or older, unless otherwise
exempted, shall be licensed by the Town.
B.
The following dogs are exempt from the licensing requirements of
this article:
(1)
Dogs harbored within the Town which are owned by a resident of New
York City and licensed by the City of New York, for a period of 30
days;
(2)
Dogs harbored within the Town which are owned by a nonresident of
New York State and licensed by a jurisdiction outside of New York
State, for a period of 30 days; and
(3)
Dogs held at a shelter pursuant to an agreement with a county, city,
town, village or duly incorporated society for the prevention of cruelty
to animals, humane society or dog protective association.
A.
The owner of each dog required to be licensed shall obtain, complete
and return to the Town Clerk a dog license application, together with
the applicable fees.
B.
The dog license application shall be on a form provided by the Town
Clerk and shall state the name, sex, actual or approximate age, breed,
color and other identification marks of the dog; the name, address,
telephone number and e-mail address, if any, of the owner; together
with any additional information deemed appropriate by the Town Clerk.
C.
The dog 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.
D.
In the case of a spayed or neutered dog, the application shall be
accompanied by a certificate signed by a licensed veterinarian or
an affidavit signed by the owner, showing that the dog has been spayed
or neutered; provided, however, that such certificate or affidavit
shall not be required if the same is already on file with the Town.
In lieu of the foregoing certificate or affidavit, the application
may be accompanied by a statement by a licensed veterinarian that,
by reason of old age or other reason, the life of the dog would be
endangered by spaying or neutering, in which case the license fee
for such dog shall be the same as for a spayed or neutered dog.
A.
The owner of multiple purebred dogs may, in lieu of obtaining a separate
dog license for each such dog, make application for a single purebred
dog license for all purebred dogs owned by such owner.
A.
Upon validation by the Town Clerk, the application for a dog license
or purebred dog license shall become a license for the dog or dogs
described therein. Each license shall be valid for a period of one
year, shall expire on the last day of the last month of its term and
shall be nontransferable.
B.
Upon the first issuance of a dog license or purebred license, the
Town Clerk shall issue an identification number for each such dog
and shall provide the owner with a tag for each such dog with such
identification number. In the event that an identification tag is
lost, the Town Clerk, upon request of the owner and payment of a fee
set by the Town Board, shall issue a replacement identification tag.
The identification tag issued by the Town Clerk shall be affixed
to a collar on the dog at all times, provided that a dog participating
in a dog show is exempt from such requirement, during such participation.
A.
The fees for the licensing of dogs, enumeration fee, tag replacement
fee and other fees of dogs pursuant to this article shall be in such
amounts as the Town Board may, from time to time, establish by resolution.
B.
The fee established by the Town Board for an unspayed or unneutered
dog shall be at least $5 more than the fee for a spayed or neutered
dog.
C.
Exempted from payment of the license fees are applications for a
dog license for any guide, hearing, service, war, working search,
detection, police and therapy dogs.
D.
In addition to the license fees established by the Town Board, each
applicant for a dog license shall pay a surcharge of $1 in the case
of a spayed or neutered dog or $3 in the case of an unspayed or unneutered
dog.
A.
The fees for licensing of multiple dogs under a purebred license
pursuant to this article shall be in such amounts as the Town Board
may, from time to time, establish by resolution.
B.
In addition to the license fees established by the Town Board, each
applicant for a purebred dog license shall pay a surcharge of $3 for
such application, together with a surcharge of $1 for each spayed
or neutered dog covered by such license and/or $3 for each unspayed
or unneutered dog covered by such license.
