[HISTORY: Adopted by the Town Board of the Town of Niagara 10-19-2010 by L.L. No. 2-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 109, Animals, consisting of Art. I, Dogs, adopted 10-3-1979 by L.L. No. 5-1979, as amended, and Art. II, Dog Waste, adopted 6-16-2009 by L.L. No. 1-2009.
The purpose of this chapter is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, domestic animals and deer from dog attack and damage. This chapter shall take effect January 1, 2011, and shall supersede the prior Chapter 109 of the Town Code.
A. 
The owners of dogs four months and older located in the Town of Niagara shall apply to the Town Clerk for a license for the dog(s) unless specifically exempted in this chapter. This requirement shall not apply to a dog at any age held at a shelter pursuant to a contract with the Town of Niagara or a duly incorporated society for the prevention of cruelty to animals, humane society or dog protective association.
B. 
The application shall be accompanied by the appropriate license fee set forth in this chapter. The application shall state the sex, actual or approximate age, breed, color, municipal identification number of the dog, other identification marks, if any, and the name, address and telephone number of the owner.
C. 
The Town Clerk is authorized to accept dog license applications, and in the case of a spayed or neutered dog, every application shall be accompanied by a certificate of a licensed veterinarian or an affidavit signed by the owner stating that the dog has been spayed or neutered. The application for licensing purebred dogs shall conform to the provisions for the licensing of purebred dogs as contained in Article 7 of the New York State Agriculture and Markets Law. Said application shall be accompanied by the license fee prescribed the Town in this chapter.
D. 
The Town Clerk, at the time of issuing any license pursuant to this chapter, shall require the applicant to show proof that the dog or dogs have been vaccinated to prevent rabies or, in lieu thereof, a statement certified by a licensed veterinarian stating that, because of old age or other reasons, the life of the dog or dogs would be endangered by the administration of such a vaccine. Such statement shall be filed with the Commissioner of Health by the Town Clerk as provided by § 109 of the Agriculture and Markets Law of the State of New York.
A. 
The annual license fee for each dog licensed by the Town under this chapter shall be as follows:
(1) 
For each spayed or neutered dog: $10.
(2) 
For each unspayed or unneutered dog: $15.
(3) 
For each license that is not renewed within 60 days of the renewal date: a late fee of $5 per month.
B. 
The additional annual fee imposed by the Town for each purebred license shall be as follows:
(1) 
If no more than 10 registered purebred dogs or purebred dogs eligible for registration over the age of four months are harbored on the owner's premises at the time of the application: $5.
(2) 
If no more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of four months are harbored on the premises at the time of application: $5.
(3) 
If more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of four months are harbored on the premises at the time of application: $10.
C. 
The fee for each replacement tag shall be $5.
D. 
Guide, hearing, service, therapy, war or police work dogs shall be exempt from these fees.
E. 
The license fees collected by the Town of Niagara shall be used:
(1) 
To enforce any local law or regulation relating to dogs;
(2) 
To subsidize the spaying or neutering of dogs and any municipal facility or other facility contracted by the Town to provide spaying and neutering services; and
(3) 
To subsidize humane education programs in responsible dog ownership.
F. 
Upon validation by the Town Clerk, the application shall become a license for the dog described therein.
G. 
The Town Clerk shall provide a copy of the license to the dog owner and retain a record of the license that shall be made available upon request to the State Commissioner of the Department of Agriculture and Markets for purposes of rabies or other animal disease control efforts or actions.
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog.
A. 
Each dog licensed pursuant to this chapter 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, except dogs participating in a dog show, during such participation.
B. 
No tag carrying an identification number shall be affixed to a collar of any dog other than the one to which the number has been assigned.
C. 
In the event that an owner loses an identification tag, the owner must immediately obtain a replacement tag from the Town Clerk.
A. 
In the event of a change of ownership of any dog licensed under this chapter, the new 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 this chapter until such filing is made or until the dog is licensed in the name of the new owner.
B. 
If any licensed dog is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, file with the Town Clerk a written report of loss or theft. In the case of loss or theft, the owner of record shall not be liable for any violation of this chapter committed after such report is filed.
C. 
In the case of a dog's death, the owner of record shall notify the Town Clerk either prior to the renewal of the license or upon the time set for such renewal by the Town.
All dog licenses shall be issued for a one-year term beginning on the date the license is issued.
A. 
Prohibited acts; exceptions.
(1) 
No person owning, possessing, harboring or having care, custody, control or charge of a dog shall allow, suffer or permit the same to run at large off the owner's premises, whether or not licensed, unless such dog be restrained by a leash, except as provided in Subsection A(2) hereof.
(2) 
A dog, while accompanied by its owner, or while accompanied by a person having the lawful care, custody, control or charge of such dog, and while such owner or person having the lawful care, custody, control or charge of such dog is actively and lawfully engaged in the act of hunting, or actively and lawfully engaged in the training of such dog to hunt, or lawfully using such dog to train other dogs, may be allowed, suffered or permitted to run at large without a leash upon locales where hunting is lawful.
(3) 
The provisions of this section shall apply notwithstanding the owner of such dog or the person charged with having the care, custody, control or charge of such dog or the person charged with possessing or harboring of such dog having no actual knowledge or notice of the violation of this section, and in all cases, mistake, inadvertence and excusable neglect shall not be a defense to the action prescribed in Subsection C hereof, nor shall it be a defense to the seizure of such dog as prescribed by Subsection B hereof.
(4) 
Any person invoking Subsection A(2) hereof as a defense to any act or action brought pursuant to this chapter shall bear the burden of proof as to any issue raised thereby, and said burden of proof shall be carried by a fair preponderance of the believable evidence.
B. 
Seizure of dogs found at large. Any peace officer, constable, Dog Control Officer of the Town of Niagara, or other person authorized to do so under the provisions of Article 7 of the Agriculture and Markets Law of the State of New York, shall seize any dog found at large in violation of Subsection A of this section. Such dog shall thereafter be cared for and disposed of in accordance with the provisions of § 118 of the Agriculture and Markets Law of the State of New York.
C. 
Penalties for offenses. The violation of this section is hereby designated as an offense against this chapter; any person violating the same shall forfeit and pay a civil penalty of $25 for the first offense and $100 for each and every subsequent offense, which penalty may be recovered by civil action on the part of and in the name of the Town of Niagara.
The Town Supervisor may enter into a contract in lieu of appointment of a Dog Control Officer for related services with any incorporated humane society or dog protective association, and such contract shall be ratified by the Town Board; said contract may provide for pound or shelter services and spaying and neutering facilities. Any such contract shall provide that when any animal is presented at a facility for alteration, a notarized statement signed by the owner consenting to such alteration shall be provided, and such statement shall hold the Town, its agents, servants or employees harmless from and for any damages.
In accordance with § 118 of the Agriculture and Markets Law, the Town of Niagara hereby imposes impoundment fees as set from time to time by resolution of the Town Board, which shall be collected by the Town Clerk prior to the release of the dog.
The Supervisor, in his or her discretion, may order that all dogs in the Town be confined between sunset and one hour after sunrise during a period of time by the order of the Supervisor and until such order is revoked. Notice of such order shall be given by publication in a newspaper of general circulation in the Town and by filing a copy of the order in the office of the Town Clerk.
A. 
No person owning, harboring or keeping any dog or dogs shall suffer or permit such dog to disturb the peace and quiet of the neighborhood by barking, howling or making other loud or unusual noises for 10 or more continuous minutes.
B. 
Any person who owns, harbors or keeps any dog who is barking, howling or making other loud or unusual noises at any time of the day or night shall impound said dog inside the owner's or keeper's home or residence. Failure of any person to impound said dog upon the request of a police officer is a violation of this chapter. Any person violating this section shall be guilty of a violation and, upon conviction thereof, shall be punished by a maximum fine of $250 or by a term of imprisonment of not more than 15 days, or both.
Penalties for violation of this chapter, in addition to what is specifically defined, shall be as provided in § 119 of the New York State Agriculture and Markets Law, and all fines collected by the Town shall become the property of the Town.