[Adopted 12-20-1979 by L.L. No. 12-1979; amended in its entirety 1-6-2011 by L.L. No. 3-2011]
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:
Any dog that is off the premises of its owner or custodian
or is not under the immediate control of its owner or custodian or
a responsible person over 16 years of age who is able to control the
dog. No dog shall be deemed to be at large if it is:
A guide dog actually leading a blind person or a dog being trained
as a guide dog;
A hearing dog actually aiding a deaf person or a dog being trained
to assist a deaf person;
A police work dog in use for police work; or
Accompanied by its owner or other responsible person and is
actively engaged in hunting or training for hunting on unposted land
or on posted land with the permission of the owner of the land.
One that has a dog in his or her custody.
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.
Any member of the species Canis familiaris.
Any domesticated sheep, horse, cattle, goat, swine, fowl,
duck, goose, turkey, confined domestic hare or rabbit, pheasant or
other bird which is raised in confinement under license from the State
Department of Environmental Conservation before release from captivity,
except that the varieties of fowl commonly used for cockfights shall
not be considered domestic animals for the purposes of this article.
Any dog that is trained to aid the blind and is actually
used for such purpose.
To provide food or shelter to any animal.
Any dog that is trained to aid the deaf and is actually used
for such purpose.
A tag issued by the licensing municipality which sets forth
an identification number, together with the name of the municipality,
the state of New York, contact information for the municipality, and
such other information as the licensing municipality deems appropriate.
Any dog carrying an identification tag as provided in § 111
of Article 7 of the Agriculture and Markets Law.
Any person who harbors or keeps any animal, except that,
if the owner is a person under 18 years of age, then the owner shall
be deemed to be the parent or guardian of such person.
The person in whose name any dog was last licensed pursuant
to Article 7 of the Agriculture and Markets Law, except that, if any
license is issued on application of 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 if the owner of record has filed a statement pursuant
to the provisions of § 112 of Article 7 of the Agriculture
and Markets Law, 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.
Any individual, corporation, partnership, association or
other organized group of persons, municipality or other legal entity.
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the Executive Law.
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work purposes.
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.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the state during the
period such dog is being trained or bred for such purpose.
Any dog which has been honorably discharged from the United
States Armed Services.
Any dog that is trained to aid in the search for missing
persons and is actually used for such purpose; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
A.
All dogs within the Town of Colonie, unless otherwise exempted pursuant
to this article or Article 7 of the Agriculture and Markets Law, shall
be licensed. 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 which is under the age of four months and
which is not at large.
B.
The owner of each dog required to be licensed shall submit the license
fee, any applicable license surcharges and such additional fees as
may be established by the Town Board of the Town of Colonie and the
State of New York to the office of the Town Clerk of the Town of Colonie.
Each applicant must provide 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. Once a license has been issued, no fee or surcharge
shall be refunded.
C.
Each license issued shall be valid for a period of one year.
D.
Upon harboring any dog, which is licensed by another municipality
or jurisdiction, within the Town of Colonie, the owner shall immediately
apply for a license and/or purebred license from the Town of Colonie
for such dog.
E.
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.
F.
The owner of one or more purebred dogs registered by a recognized
registry association as defined in § 108 of the Agriculture
and Markets Law of the State of New York may annually apply for a
purebred license, in lieu of or in addition to, the individual licenses
required by this article.
(1)
The owner of the purebred dog(s) to be licensed shall submit the
license fee, any applicable license surcharges and such additional
fees as may be established by the Town Board of the Town of Colonie
and the State of New York to the office of the Town Clerk of the Town
of Colonie. Each applicant must provide 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. Once a purebred license has been
issued, no fee or surcharge shall be refunded.
(2)
The applicant shall provide the name, address and telephone number
of the owner; the sex, breed, registry name and number of each purebred
registered dog over the age of four months which is harbored on the
premises; and the sex and breed of each purebred dog over the age
of four months which is harbored on the premises and which is eligible
for registration.
(3)
Each purebred license issued shall be valid for a period of one year.
The application for a dog license or a purebred license shall
be accompanied by the license fee set forth in the Fee Schedule pertaining
to permits and licenses issued by the Town Clerk's office, duly adopted
by Town Board resolution, and available for inspection in the Town
Clerk's office. No license fee shall be required for any guide, hearing,
service, war, working search, detection, police work and therapy dogs,
provided that verification of such status is provided by the dog's
owner. In addition to the license fee, each applicant for a dog license
shall pay a surcharge of $1 if the dog to be licensed is neutered
or spayed, or a fee of $3 if the dog sought to be licensed is unneutered
or unsprayed, which shall be transmitted to New York State.
Impoundment fees, also known as redemption fees, shall be set
forth in the Fee Schedule pertaining to permits and licenses issued
by the Town Clerk's office, duly adopted by Town Board resolution,
and available for inspection in the Town Clerk's office.
A.
It shall be a violation, punishable as provided in Subsection C of this section, for:
(1)
Any owner or custodian of any dog to permit or allow any dog to run
at large unless such dog is restrained by an adequate collar and leash
not exceeding eight feet in length or unless accompanied by and under
the immediate control of its owner or a responsible person over 16
years of age who is able to control the animal.
(2)
No person who owns or has immediate control over a dog shall permit
such dog to cause annoyance, alarm, or noise disturbance for more
than 15 minutes at any time of the day or night by repeated barking,
whining, screeching, howling, braying or other like sounds which can
be heard beyond the boundary of such person's property and which annoy,
disturb, injure or endanger the comfort, repose, health, peace, safety
or welfare of a reasonable person of normal sensibilities.
(3)
Any owner or custodian of any dog to permit or allow any dog to cause
damage or destruction to property or commit a nuisance upon the premises
of any person.
(4)
Any owner or custodian of any dog to permit or allow any dog to chase
or otherwise harass any person in such manner as to reasonably cause
intimidation or to put such person in reasonable apprehension of bodily
harm or injury.
(5)
Any owner or custodian of any dog to permit or allow any dog to habitually
chase or bark at motor vehicles, bicycles or pedestrians.
(6)
Any owner or custodian of any dog to permit or allow any dog to run
at large when in heat; such dog shall be confined to the premises
of the owner during such period.
(7)
Any owner to fail to license any dog.
B.
It
shall be the duty of the Animal Control Officer of the Town of Colonie
to bring an action against any person who has committed within the
Town of Colonie any violation set forth in this section. The Town
of Colonie may elect either to prosecute such action as a violation
under the Penal Law or to commence an action to recover a civil penalty.
C.
A violation of this section shall be punishable, subject to such
an election, either:
[Amended 4-6-2017 by L.L.
No. 4-2017]
(1)
Where prosecuted pursuant to the Penal Law, by a fine of not more
than $200, except that:
(a)
Where the person was found to have violated this section or
the former Dog Control Ordinance of the Town of Colonie within the
preceding five years, the fine may be not more than $350; and
(b)
Where the person was found to have committed two or more such
violations within the preceding five years, it shall be punishable
by a fine of not more than $500 or imprisonment for not more than
15 days, or both; or
(2)
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not more than $200, except that:
(a)
Where the person was found to have violated this section or
the former Dog Control Ordinance of the Town of Colonie within the
preceding five years, the civil penalty may be not more than $350;
and
(b)
Where the person was found to have committed two or more such
violations within the preceding five years, the civil penalty may
be not more than $500.
This article shall be enforced by the Town of Colonie Animal
Control Officers and Police Department. In addition, any Animal Control
Officer or any peace officer authorized by the Town of Colonie to
assist in the enforcement of this article may serve any process related
to any proceeding, whether criminal or civil in nature and including
an appearance ticket.
