Town of Brutus, NY Chapter 50 Animals

[HISTORY: Adopted by the Town Board of the Town of Brutus as indicated in article histories. Amendments noted where applicable.]

Article I Dog Control

[Adopted 11-1-2010 by L.L. No. 2-2010[1]]

[1] Editor's Note: This local law also repealed former Ch. 50, Animals, consisting of Art. I, Dogs, adopted 10-1-1979 by L.L. No. 5-1979, as amended, and Art. I, Fees. adopted 9-7-1982 by L.L. No. 2-1982, as amended.

§ 50-1 Purpose.

The Town Board of the Town of Brutus finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons and damage to property and have created nuisances within the Town. The purpose of this article is to protect the health, safety and well being of persons and property by imposing restrictions on the keeping and running at large of dogs within the Town.

§ 50-2 Statutory authority.

This article is enacted pursuant to the provisions (Article 7, Chapter 59: Part T) of the Agriculture and Markets Law of the State of New York and the Municipal Home Rule Law of the State of New York.

§ 50-3 Title.

The title of this article shall be "the Dog Control Law of the Town of Brutus."

§ 50-4 Definitions.

As used in this article, the following words shall have the following respective meanings:

AGRICULTURE AND MARKETS LAW

The Agriculture and Markets Law of the State of New York, in effect as of the effective date of this article, as amended by this article and as amended thereafter.

CONFINED

Such animal is securely confined or restrained or kept on the owner's premises, either within a building, kennel or other suitable electronic containment device 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, that it is securely confined in a crate or other container or so restrained in a vehicle that it cannot be expected to escape therefrom.

DOG

Male and female, licensed and unlicensed, members of the species Canis familiaris.

DOG CONTROL OFFICER

Any individual appointed by a municipality to assist in the enforcement of this article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with a municipality to assist in the enforcement of this article.

GUIDE DOG

Any dog that is trained to aid a person who is blind and which is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the state during the period such dog is being trained or bred for such purpose.

HEARING DOG

Any dog that is trained to aid a person who is hearing impaired and which is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the state during the period such dog is being trained or bred for such purpose.

OWNER

Any person who harbors or keeps any dog.

OWNER OF RECORD

The person in whose name any dog was last licensed pursuant to this article, except that if any license is issued on application to a person under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person. If it cannot be determined in whose name any dog was last licensed or it the owner of record has filed a statement pursuant to the provisions of § 112 of NYS Department of Agriculture and Markets, the owner shall be deemed to be the owner of record of such dog, except that if the owner is under 18 years of age, the owner of record shall be deemed to be the parent or guardian of such person.

RUN AT LARGE

To be in a public place or on private lands without the knowledge, consent and approval of the owner of such lands.

SERVICE DOG

Any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability (as defined by the Executive Law), provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative.

TOWN

The Town of Brutus.

§ 50-5 Restrictions.

It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:

A. 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. 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 its owner.

B. Engage in habitual loud howling, barking, crying or whining or to conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.

C. Uproot, dig or otherwise damage any vegetables, flowers, lawns, garden beds or other property not belonging to the owner of such dog.

D. 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.

E. Habitually chase, run alongside or bark at motor vehicles while on a public street or highway or upon public or private property other than property of the owner or harborer of said dog.

F. Create a nuisance by defecating, urinating or digging on public property or private property other than the property of said owner.

G. If a female dog, be off the owner's premises when in heat.

H. Dog shall be kept in a manner that maintains and promotes their health, safety and general well being.

§ 50-6 Licensing of dogs.

A. All dogs in the Town of Brutus must be licensed with the Town Clerk by the age of four months, and there must be presented at the time of licensing or the renewal of an existing license a current certificate of rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog's life, in which case the vaccination shall not be required.

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, and shall not be transferable.

C. The fee for a spayed or neutered dog and an unspayed or unneutered dog will be determined annually by the Town Board and may be changed by a resolution of the Town Board if deemed necessary. The fees shall include a surcharge of $1 for the purpose of carrying out animal population control for spayed and neutered dogs and a surcharge of $3 for unspayed or unneutered dogs. The fee for unspayed or unneutered dogs must be at least $5 more than the total fee for spayed and neutered dogs.

D. When the Town Board determines the need for a dog enumeration, a fee will be assessed to each and every dog found unlicensed or not renewed at the time the enumeration is conducted.

E. The Town of Brutus will not be issuing purebred licenses. All dogs will be licensed individually as per the fee system stated above.

F. The Town of Brutus will not require a license for any guide, service or hearing dog.

G. The Town of Brutus authorizes the Finger Lakes Dog Protection Agency ("FLDPA") and the Finger Lakes SPCA ("SPCA") acting by its manager to provide, accept and grant an application for a dog license made by a resident of the Town of Brutus at the time of the adoption of a dog from their respective facilities provided that such application is made in accordance with the terms of this section and that appropriate fees and surcharge, if applicable, shall be remitted to the Town Clerk of the Town of Brutus on or before the third day of the following month in which the license fee and additional fee and surcharge was received.

H. All dog licenses may be purchased by visiting the Town office or by regular mail. If licensing or renewing a license is done by mail the appropriate fee must accompany the forms. The license will be returned only if a self-addressed stamped envelope is provided.

I. All fees will be used in funding the administration of the Dog Control Law of the Town of Brutus.

J. The fee for seizure and impoundment of dogs in violation of this article or the laws of the New York State Department of Agriculture and Markets Law are as follows: for a first offense, the same impoundment and euthanasia fees per animal that are charged to the Town for such service. For a second offense, $60 plus the impoundment and euthanasia fees per animal. The owner will also be responsible for the cost of licensing the dog should it be unlicensed or not renewed at the time of seizure.

§ 50-7 Procedure for seizure of dogs.

A. The Dog Control Officer or any Peace Officer may seize:

(1) Any unlicensed dog whether on or off the owner's premises;

(2) Any dog not wearing a tag and is not on the owner's premises, and;

(3) Any dog found in violation of § 50-5A through G of this article. Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law, and the order of the Town Justice of the Town of Brutus in such case shall be carried out.

B. The Dog Control Officer or Peace Officer observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation. Said violation should be considered a petty offense and not a misdemeanor.

C. Any person who observes a dog in violation of this article may file a complaint under oath with the Dog Control Officer specifying the nature of the violation, the date thereof, a description of the dog and the name and a residence, if known, of the owner of such dog. Such complaint may serve as a basis for enforcing the provisions of this article.

§ 50-8 Penalties for offense.

Any person convicted of a violation of this article shall be liable for a civil penalty of $25 for a first violation; of $50 for a second violation; and $75 for each subsequent violation.