Town of Chili, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Chili as indicated in article histories. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Issuance of appearance tickets — See Ch. 8.
Noise — See Ch. 352.
Parks and recreation areas — See Ch. 362.
[Adopted 5-28-1958; amended 9-6-1967 (Ch. 44, Art. II, of the 1980 Code)]

§ 176-1 Purpose; statutory authority.

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]

§ 176-2 Number of dogs restricted.

[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.

§ 176-3 Dangerous dogs.

[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.

§ 176-4 Barking, howling or whining dogs.

[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.

§ 176-5 Female dogs in heat.

[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.

§ 176-6 Chasing automobiles.

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.

§ 176-7 Killing of other animals by dogs.

[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.

§ 176-8 Definition of owner, responsibility.

[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.

§ 176-9 Dogs at large prohibited.

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.

§ 176-10 Dog Control Officer; duties and responsibilities.

[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.

§ 176-11 Determination of public nuisance.

[Amended 4-2-1969]
A. 
For purposes of this section, a dog will be considered to constitute a public nuisance if it falls within § 176-3, 176-4, 176-6, 176-7, 176-9 or 176-12 of this article.
[Amended 9-7-1977]
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]

§ 176-12 Seizure of dogs.

[Amended 5-20-1987 by L.L. No. 2-1987]
A. 
The Dog Control Officer shall seize any dog which is not licensed, whether on or off the owner's premises.
B. 
The Dog Control Officer shall seize any licensed dog found to be on the premises of one other than its owner without permission or running at large within the Town of Chili.

§ 176-13 Redemption of seized dogs.

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]

§ 176-14 Compensation for dogs destroyed.

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.

§ 176-15 Amendments and modifications.

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.

§ 176-16 Appearance tickets.

[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.

§ 176-17 Licensing.

[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.)

§ 176-18 Maintenance of dog enclosures.

[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.

§ 176-19 Dogs in public buildings prohibited; exceptions.

[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]

§ 176-20 Penalties for offenses.

[Amended 9-7-1977]
A violation of this article shall constitute a violation which shall be punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.
[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.

§ 176-21 License required.

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.

§ 176-22 Applications for dog license.

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.

§ 176-23 Purebred dog license.

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.
B. 
An application for a purebred license shall comply with all of the requirements contained in § 176-22 herein, together with the requirement that the owner provide to the Town Clerk a copy of the registry certificate issued by a recognized registry association for all such dogs.

§ 176-24 Issuance of dog license; identification tag.

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.

§ 176-25 Identification tag required to be worn.

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.

§ 176-26 Fees for dog licenses.

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.

§ 176-27 Fees for purebred dog licenses.

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.