A.Â
The Town of Tully, New York, 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 chapter 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 attacks and damage.
B.Â
The Town also recognizes effective January 1, 2011, the State of
New York has relinquished the responsibility of dog licensing functions
to local municipalities and eliminated the Animal Population Control
Fund. Local municipalities are now required to adopt legislation relating
to this issue.
This chapter is enacted pursuant to the provision of § 122
of Article 7 of the New York State Agriculture and Markets Law.
As used in this chapter, the following terms shall have the
meanings indicated:
The delivery to any natural person 18 years of age or older,
for the purpose of harboring a dog, seized or surrendered, or any
cat from the Town's animal shelter.
The Agriculture and Markets Law of the State of New York in effect as of the effective date of this Article I, as amended by this article and as amended thereafter.
Any individual appointed by the Town Board to assist in the
enforcement of this chapter.
The Town Clerk, or Deputy Town Clerk, of the Town of Tully,
where licenses are to be validated or issued.
That such animal is securely confined or restrained or kept
on the owner's premises, either within a building, kennel or
other suitable enclosure 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.
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."
To bring about the death by a humane method.
Any dog that is trained to aid a person who is blind and
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.
To provide food or shelter to any dog or cat.
Any dog that is trained to aid a person with a hearing impairment
and 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.
A tag issued by the Town of Tully which sets forth an identification
number, together with a reference to the Town of Tully, the State
of New York, and contact information, including a telephone number
for the Town of Tully.
Any person who harbors or keeps any dog, cat or other animal.
The person in whose name any dog was last licensed pursuant
to the Agriculture and Markets Law and this chapter, 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 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 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 New York State Executive Law.
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 actually being used for police
work purposes.
Real property owned by the Town of Tully which is used for
recreational purposes by the public, including but not limited to
parks or playgrounds.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
Any resident of the Town age 65 or older.
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. "Service dog" shall
also refer to dogs defined herein as a detection dog, geese dog, guide
dog, hearing dog, police work dog, therapy dog, and working search
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 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.
The area within the corporate limits of the Town of Tully.
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 purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
