[Adopted 12-20-2010 by L.L. No. 3-2010]
The title of this article shall be the "Dog Control and Licensing
Law of the Town of Liberty."
This article is enacted pursuant to the provisions of Article
7, §§ 109, 110 and 122 of the New York State Department
of Agriculture and Markets Law of the State of New York, amended as
of January 1, 2011.
The Town Board of the Town of Liberty finds that dogs running
at large, vicious dogs and other uncontrolled behavior of licensed
and unlicensed dogs has caused physical harm to persons and other
animals, damage to property and created nuisances and dangerous situations
within the Town. The purpose of this article 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.
As used in this article, the following terms shall have the
meanings indicated:
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 and as amended
thereafter.
CLERK
The Town of Liberty Clerk or Deputy Town Clerk or any person
authorized to issue licenses.
CONFINE
That such animal is securely and humanely confined or restrained or kept on the owner's premises, either within a building, kennel or other suitable enclosure or is securely and humanely fastened on an effective tether as set forth in §
50-10B of this article and so arranged that the animal cannot reach or endanger any person on any adjacent premises or on any public street or thoroughfare or, if the animal is being transported by the owner or custodian that it is securely and humanely confined in a crate or other container or so restrained in a vehicle that it cannot be expected to escape there from.
DANGEROUS DOG
A dog that has engaged in or has been trained to engage in exhibitions of fighting; a dog that has attacked a person or domestic animal without justification causing serious bodily injury or death; a dog that has behaved in a manner that a reasonable person would believe posed an unjustified threat of attack, serious injury or death to a person or domestic animal; a dog that has committed a nuisance three or more times or a dog that was previously declared dangerous by a Town Justice of the Town of Liberty or a court of any other jurisdiction. A dog's breed shall not be considered in determining whether or not it is "dangerous". Dangerous dog designation shall be made as set forth in §
50-17 of this article.
DOG
Male and female, licensed and unlicensed, member of the species
canis familiaris.
DOG CONTROL OFFICER
Any person authorized by the Town of Liberty to enforce the
provisions of this article and/or the provisions of Article 7 of the
Agriculture and Markets Law of the State of New York.
HARBOR
To provide food and/or shelter to any dog.
IRRESPONSIBLE DOG OWNER
Any owner of any dog in the Town of Liberty who has violated, three or more times, any section contained in this article or of Articles 7 and 26 of the Agriculture and Markets Law of New York State or any combination of three violations of this article and of Articles 7 and 26 of the Agriculture and Markets Law of New York State, including, but not limited to, running at large, trespassing, creating a nuisance, being off leash, causing property damage or allowing cruelty to animals, may be designated as an irresponsible dog owner as set forth in §
50-16A and
B of this article by a Justice of the Town of Liberty Justice Court.
OWNER
The party making application for the license for such dog.
If an animal is not licensed, the term "owner" shall designate and
cover any person or persons, firm, association or corporation who
or which at any time owns or has custody or control of, harbors or
is otherwise responsible for any animal which is kept, brought or
comes within the Town. Any person owning or harboring a dog for a
period of one week prior to the filing of any complaint charging a
violation of this article or a violation of the Agriculture and Markets
Law of the State of New York shall be deemed to be an owner of such
dog, unless, in the case of a stray dog, that person notifies the
Dog Control Officer of the presence of the dog and identifies the
dog as a stray prior to the complaint.
PERSON WITH A DISABILITY
Any person with a disability as that term is defined in Subdivision
22 of § 292 of the New York State Executive Law.
POLICE DOG
Any dog owned or harbored by any municipal police department
or any state or federal law enforcement agency, which has been trained
to aid law enforcement officers and is actively being used for law
enforcement including detection dogs.
RUN AT LARGE
An unidentified or identified dog which is unattended, uncontrolled
and/or unleashed in a public place or unattended, uncontrolled and/or
unleashed on private property without the knowledge and consent of
the owner of such properties.
SEARCH AND RESCUE DOG
Any dog that is trained to aid in the search and/or rescue
of missing persons and is actually used for such purposes.
SENIOR CITIZEN
Any resident of the Town of Liberty reaching age 65 or older.
SERVICE DOG
Any dog that has been or is being trained to do work or perform
tasks for the benefit of a person with a disability, provided that
the dog is or will be owned by such person or that person's parent,
guardian or other legal representative; to include hearing dogs and
guide dogs for the blind.
THERAPY DOG
Any dog that is trained and certified to aid in the emotional
and physical health of a person and being used for such.
TOWN
Designates the area within the corporate limits of the Town
of Liberty, excluding the Village of Liberty.
Any female dog in heat, unless under the control of its owner,
shall be confined within a protected enclosure on the premises of
the owner and/or person harboring said dog.
This article shall be enforced by a Dog Control Officer as defined in §
50-4 of this article or any peace officer or police officer of the Town of Liberty or any law enforcement officer with jurisdiction in the Town of Liberty.
Unless otherwise provided by the Agriculture and Markets Law
of the State of New York or specified in any other section of this
article, any violation of any provision of this article shall be punishable
by a fine of not more than $250 or by imprisonment of not more than
15 days or both.
If any part of this article shall be held invalid, such a part
shall be deemed severable and the invalidity thereof shall not affect
the remaining parts of this article.
No person shall interfere with, hinder, or molest any agent
of the Town of Liberty in the performance of any duty as herein provided.
Any person violating this section shall be subject to the charge of
obstructing governmental administration.