[HISTORY: Adopted by the Town Board of the
Town of Brutus as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-1-2010 by L.L. No. 2-2010[1]]
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.
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.
The title of this article shall be "the Dog Control Law of the
Town of Brutus."
As used in this article, the following words shall have the
following respective meanings:
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.
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.
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
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.
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.
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.
Any person who harbors or keeps any dog.
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.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
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.
The Town of Brutus.
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A.Â
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.Â
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.Â
Uproot, dig or otherwise damage any vegetables, flowers, lawns, garden
beds or other property not belonging to the owner of such dog.
D.Â
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.Â
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.Â
Create a nuisance by defecating, urinating or digging on public property
or private property other than the property of said owner.
G.Â
If a female dog, be off the owner's premises when in heat.
H.Â
Dog shall be kept in a manner that maintains and promotes their health,
safety and general well being.
A.Â
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.Â
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.Â
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.Â
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.Â
The Town of Brutus will not be issuing purebred licenses. All dogs
will be licensed individually as per the fee system stated above.
F.Â
The Town of Brutus will not require a license for any guide, service
or hearing dog.
G.Â
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.Â
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.Â
All fees will be used in funding the administration of the Dog Control
Law of the Town of Brutus.
J.Â
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.
A.Â
B.Â
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.Â
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.
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.