Town of Penfield, NY Animals

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 people, personal property, domestic animals and deer from dog attack and damage, and to preserve the public health, safety and welfare by enforcing regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of citizens of the Town.

§ 90-3 Statutory authority.

This chapter is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York, as amended by Part T of Chapter 59 of the Laws of 2010, and as may be subsequently amended and supplemented.

§ 90-4 Definitions and word usage.

All words, terms or phrases used herein shall have the meanings indicated below or as defined in the Agriculture and Markets Law. If no specific definition is set forth, all words shall have their usual and customary meaning in the English language. Words used in the present tense include the future and the plural includes the singular. The word "shall" is intended to be mandatory.

ANIMAL/DOG CONTROL OFFICER

Any individual appointed by the Town Board to assist in the enforcement of this chapter, and for the purposes of this chapter, such officer shall be deemed a peace officer.[1]

CLERK

The Town Clerk, or Deputy Town Clerk, of the Town of Penfield or his/her agent.

DETECTION DOG

Any dog that is trained and is actually used for such purposes or is undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband.

DOG

Any member of the species canis familiaris.

GUIDE DOG

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

HARBOR

To provide food or shelter to any dog.

HEARING DOG

Any dog that is trained to aid a person with a hearing impairment and that is actually used for such purpose, or any dog owned by a recognized training center located within the State of New York during the period such dog is being trained or bred for such training.

IDENTIFICATION TAG

A tag issued by the Clerk that sets forth an identification number, as required by the provisions of this chapter.

OWNER

Any person who harbors or keeps any dog.

PERSON WITH A DISABILITY

Any person with a disability as that term is defined in New York State Executive Law § 292, Subdivision 21.

[Amended 12-16-2015 by L.L. No. 3-2015]

POLICE WORK DOG

Any dog owned or harbored by any municipal police department or any state or federal law enforcement agency, which dog has been trained to aid law enforcement officers and is actually being used for police work purposes.

SENIOR RESIDENT

Any resident of the Town age 65 or older.

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, provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative.

THERAPY DOG

Any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes and other settings and that is actually used for such purpose, or any dog owned by a recognized training center located within the State of New York during the period such dog is being trained or bred for such purpose.

TOWN

The Town of Penfield, including incorporated areas.

WAR DOG

Any dog which has been honorably discharged from the United States armed services.

WORKING SEARCH DOG

Any dog that is trained to aid in the search for missing persons and that is actually used for such purposes; provided, however, that such services provided by said dog shall be performed without charge or fee.

[1]

Editor's Note: See Ch. 11, Boards and Personnel, Art. III.

§ 90-5 Licensing requirements, procedures and fees.

License application.

(1)

The owner of any dog reaching the age of four months shall immediately make application for a dog license. No license shall be required for any dog under the age of four months that is not at large or that is residing in a pound or shelter maintained by or under contract or agreement with the state or any county, city, town or village, any duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective society.

(2)

Application for a dog license shall be made to the Clerk and shall be accompanied by the appropriate license fee.

(3)

The application shall state the sex, actual or approximate year of birth, breed, color(s), and municipal identification number of the dog, and other identification marks, if any, and the name, address, telephone number, county and town of residence of owner, and such other information as deemed necessary by the Clerk.

(4)

In the case of a spayed or neutered dog, every application shall be accompanied by a certificate signed by a licensed veterinarian showing that the dog has been spayed or neutered, provided that such certificate shall not be required if the same is already on file with the Clerk.

(5)

The application shall be accompanied by a statement certified by a licensed veterinarian showing 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 age or other reason, the life of the dog or dogs would be endangered by the administration of vaccine. The Clerk shall make or cause to be made from such statement a record of such information and file such record with a copy of the license.

License fees. The fee for a dog license shall be as set forth in the fee schedule annually adopted by the Town Board. Upon submission of proper documentation, there shall be no fee charged for the license issued for any detection dog, guide dog, hearing dog, police work dog, service dog, therapy dog, war dog or working search dog. In addition to other applicable fees, any person applying for a dog license for a dog identified as unlicensed during an enumeration shall pay an additional fee. Such additional fee shall be used to pay the expenses incurred by the Town in conducting the enumeration. In the event that the additional fees collected exceed the expenses incurred by the Town in conducting an enumeration in any year, such excess fees may be used by the Town for any other lawful purpose.

[Amended 12-16-2015 by L.L. No. 3-2015]

Upon validation by the Clerk, the application shall become a license for the dog described therein. Once an application has been validated, no refund shall be made.

The Clerk shall provide a copy of the license to the owner and retain a record of the license in either paper or electronic format.

A license shall be renewed after a period of one year beginning with the first day of the month following the date of issuance. Renewal shall be for a minimum of one year and shall not exceed three years, based on the validation term of the rabies vaccination.

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. The original issued identification tag shall remain the same for the life of the dog.

No dog can be adopted out of the Town's animal shelter without first obtaining a license from the Clerk.

Purebred and kennel licenses. The Town shall not issue purebred or kennel licenses. All dogs shall be licensed individually in accordance with the fees stated above.

Any dog harbored within the Town that is owned by a resident of New York City or licensed by the City of New York, or which is owned by a nonresident of New York State and licensed by a jurisdiction outside the State of New York shall, for a period of 30 days, be exempt from the licensing and identification provisions of this chapter.

§ 90-6 Identification of dogs.

Each dog licensed shall be assigned, at the time the dog is licensed for the first time, a permanent municipal identification number. Such identification number shall be carried by the dog on an identification tag that shall be affixed to a collar on the dog at all times. A dog participating in a dog show shall be exempt from the identification requirement during such participation.

The identification number shall constitute the official identification of the dog to which it is assigned, regardless of changes of ownership, and the number shall not be reassigned to any other dog during the lifetime of the dog to which it is assigned.

At the time a dog is first licensed, one identification tag shall be furnished to the owner at no charge. Any replacement tag shall be obtained by the owner at his/her expense at a fee set forth in the fee schedule annually adopted by the Town Board.

[Amended 12-16-2015 by L.L. No. 3-2015]

No tag carrying an official identification number shall be affixed to the collar of any dog other than the one to which that number has been assigned.

The identification tag shall be imprinted with the words "Penfield, NY," a unique identification number, and the telephone number of the Clerk's office.

§ 90-7 Change of ownership; lost, stolen or deceased dogs.

In accordance with the provisions of Agriculture and Markets Law § 112, as may be amended or renumbered:

In the event of a change in ownership of any dog that has been assigned an identification number or in the address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, notify the Clerk.

If any dog that has been assigned a municipal identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, notify the Clerk.

In the case of a dog's death, the owner of record shall so notify the Clerk, either prior to the renewal of license or upon the time of such renewal.

§ 90-8 Seizure, confinement, and impoundment.

In accordance with Agriculture and Markets Law § 117, as may be amended or renumbered:

The Animal/Dog Control Officer is hereby authorized to seize or direct the confinement of:

(1)

Any dog which is not licensed, whether on or off the owner's premises.

(2)

Any licensed dog which is not in the control of its owner or custodian or not on the premises of the dog's owner or custodian, if there is probable cause to believe the dog is dangerous to persons.

(3)

Any dog which poses an immediate threat to the public safety or which attacks a human being, a companion dog, a farm animal or a domestic animal as said terms are defined in the New York State Agriculture and Markets Law.

(4)

Any dog in violation of § 90-9 of this chapter.

The Animal/Dog Control Officer, when acting pursuant to his/her special duties, shall make and maintain a complete record of any seizure and subsequent disposition of any dog. Such record shall include, but not be limited to, a description of the dog, the date and hour of seizure, the municipal identification number of the such dog (if any), the location where seized, the reason for the seizure and the owner's name and address, if known. The owners will pay seizure fees as set forth in the fee schedule annually adopted by the Town Board.

[Amended 12-16-2015 by L.L. No. 3-2015]

Each dog seized in accordance with the provisions of this chapter shall be properly sheltered, fed and watered for the redemption period as hereinafter provided.

Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this chapter, and further provided that the owner pays the impoundment fees set forth in the fee schedule annually adopted by the Town Board. If, upon redemption, any dog received a rabies vaccination, that charge for such vaccination shall be added to impoundment fees.

[Amended 12-16-2015 by L.L. No. 3-2015]

Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of five days after day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of seven days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees prescribed by Subsection D of this section and by producing proof that the dog has been licensed.

[Amended 12-16-2015 by L.L. No. 3-2015]

If, at the end of the appropriate redemption period, said dog has not been redeemed by its owner, the owner shall forfeit all title to the dog and it shall be available for adoption or be released to an authorized humane society or shelter for adoption or disposal by appropriate methods of euthanasia.

Prior to releasing a dog to its owner the Animal Control Officer will inform the owner of any seizure fees, medical fees and boarding fees associated with confinement to be paid at the Town Clerk's office, at which time such dog may be released to the owner.

§ 90-9 Prohibited activities by dogs.

It shall be unlawful for any person who owns, has the care, custody or control of any dog(s) in the Town to permit or allow such dog(s) to:

Be at large or unleashed in said Town, except as permitted by this chapter. (Hunting is limited to certain parts of the Town.) Further in this regard:

(1)

All dogs in the Town of Penfield are hereby required to be equipped with a collar or harness to which is attached a leash or retractable lead of not more than 15 feet in length; both collar, harness, leash and lead must be of sufficient strength to restrain the dog(s) when off the owner's premises and must be held by a person having the ability to control and restrain the dog(s).

(2)

Dogs may be unleashed on their owner's premises or when on the private premises of another with the knowledge, consent and approval of such person or when hunting in the company of and under control of a hunter or hunters upon the property of another with knowledge, consent and approval of the property owner. Dogs used in law enforcement, rescue or tracking, when working or training, may be unleashed.

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

Uproot, dig, deface or otherwise damage any vegetables, lawns, flowers, garden beds, or other property without the consent or approval of the owner of such property.

Chase, jump upon or otherwise harass any person in such manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm.

Habitually chase, run alongside of or bark at motor vehicles, moving vehicles, motorcycles or bicycles while on a public street, highway or place, or upon private property without the consent or approval of the owner of such property.

Create a nuisance by defecating, urinating or digging on public property or on private property without the consent or approval of the owner of such property. The dog owner or harborer shall clean up any waste deposited by the dog.

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

Enter public buildings, restaurants, stores or cemeteries, except for guide dogs.

§ 90-10 Penalties for offenses.

Any person violating any provision of this chapter or the Agriculture and Markets Law, including the failure to license a dog, the failure to have a dog properly identified or to knowingly affix to any dog any false or improper identification tag or special identification tag for identifying guide, service or hearing dogs, shall be subject to a fine, which shall not be less than $25 nor more than $250, except that:

Where the person was found to have violated this chapter within the preceding five years, the fine shall not be less than $50 nor more than $500; and

Where the person was found to have committed two or more violations of this chapter within the preceding five years, the fine shall not be less than $100 nor more than $1,000.

§ 90-11 Effective date.

This chapter shall take effect January 1, 2011, after filing with the Secretary of State in Albany.