[HISTORY: Adopted by the Town Board of the Town of Ulysses
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2010 by L.L. No. 2-2010]
The title of this article shall be "Dog Licensing and Control
Law of the Town of Ulysses."
This article is enacted pursuant to the provisions of (Chapter
59, Part T of the laws of 2010) Article 7 of the Agriculture and Markets
Law and the Municipal Home Rule Law of the State of New York.
The Town Board of the Town of Ulysses, County of Tompkins, hereby
finds and declares that the purpose of this article is to provide
for the licensing and identification of dogs.
A.Â
This article shall apply to all areas of the Town of Ulysses, including
the Village of Trumansburg.
B.Â
In the event that any dog owned by a nonresident of the Town of Ulysses
is harbored within the Town for a period of 30 days or less, such
dog shall be exempt from the identification and licensing provisions
of this article, provided such dog is licensed pursuant to the provisions
of law in the area of residence.
C.Â
This article shall not apply to any dog confined to the premises
of any public or private hospital devoted solely to the treatment
of sick animals, or confined to an animal shelter devoted to the impounding
and caring of animals.
As used in this article, the following words shall mean:
A dog that has been spayed or neutered.
An unleashed dog not under control of the owner and off the
premises of the owner.
Any dog or cat, and shall also mean any other domesticated
animal normally maintained in or near the household of the owner or
person who cares for such other domesticated animal. "Companion animal"
shall not include a domestic animal as defined in this section.
Any dog which:
Without justification attacks a person, companion animal, farm
animal, or domestic animal as defined in this section and causes physical
injury or death; or
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
Without justification attacks a "guide dog," "hearing dog,"
"service dog," "working search dog," "war dog," "detection dog," "police
work dog" or "therapy dog" and causes physical injury or death.
"Dangerous dog" does not include a "police work dog" while being
used to assist one or more law enforcement officers in the performance
of their official duties.
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 individual appointed by the Town to assist in the enforcement
of this article or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated dog protective
association under contract with the Town to assist in the enforcement
of this article.
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer, whitetail deer which is raised under license from the New
York State Department of Environmental Conservation, llama, goat,
swine, fowl, duck, goose, swan, turkey, confined domestic hare or
rabbit, pheasant or other bird which is raised in confinement under
license from the New York State Department of Environmental Conservation
before release from captivity, except that the varieties of fowl commonly
used for cock fights shall not be considered domestic animals for
the purposes of this article.
Any ungulate, poultry, species of cattle, sheep, swine, goats,
llamas, horses or fur-bearing animals, as defined in New York State
Environmental Conservation Law, which are raised for commercial or
subsistence purposes. Fur-bearing animal shall not include dogs or
cats.
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 for such purpose.
A dog barking, whining, etc., for repeated intervals of at
least 15 minutes with less than two minutes of interruption, which
can be heard by any person from a location outside of the owner’s
or caretaker’s premises.[1]
To provide food or shelter to any dog.
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 purpose.
A tag issued by the Town of Ulysses or other licensing municipality
which sets forth an identification number, together with the name
of the municipality, the State of New York, contact information, including
telephone number for the municipality, and such other information
as the licensing municipality deems appropriate.
Any dog carrying an identification tag.
Any county, town, city or village.
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of January 1, 2011, and as amended
thereafter.
Any person who harbors or keeps any dog. If a dog is not
licensed, the term of "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 shall
be held and deemed to be the owner of such dog for the purpose of
this article. In the event any dog found to be in violation of this
article shall be owned by a minor (under 18 years of age), the head
of the household in which said minor resides shall be deemed to have
custody and control of said dog and shall be responsible for any acts
of said dog and violation of this article.
The person purchasing the license or in whose name any dog
was last licensed. An owner of record shall be 18 years of age or
older.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
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.
A dog registered by a nationally recognized registry association.
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keeps such records as
may be required by the Commissioner of Agriculture.
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 "guide dog," "hearing dog," "service dog," "working search
dog," "war dog," "detection dog," "police work dog" or "therapy dog"
as defined by this article and Article 7 of New York State Agriculture
and Markets Law, and is duly licensed by any licensing municipality
within Tompkins County, New York and wearing a Tompkins County working
dog tag.
The area within the corporate limits of the Town of Ulysses,
including the Village of Trumansburg.
The Town of Ulysses Board.
The Ulysses Town Clerk.
Any dog that is not spayed or neutered.
The area within the corporate limit of the Village of Trumansburg.
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.
A.Â
Application for original license.
(1)Â
The owner of any dog reaching the age of four months shall immediately
make application to the Town Clerk for a dog license on a form provided
by the Town Clerk's office. No license shall be required for any dog
which is under the age of four months and which is not at large, or
any dog that is residing in a pound or shelter maintained by or under
contract or agreement with the State of New York or any county, city,
town or village, duly incorporated society for the prevention of cruelty
to animals, duly incorporated humane society or duly incorporated
dog protective association.
(2)Â
In the case of an unlicensed dog being redeemed by the owner or a
dog being adopted from a shelter or pound, the Town Clerk and the
manager of the facility shall establish a licensing procedure that
is agreeable and beneficial to both the Town of Ulysses and the shelter
or pound.
B.Â
Rabies vaccination required. All applications for a dog license shall
be accompanied by a valid rabies certificate signed by a licensed
veterinarian or, in lieu thereof, a statement certified by a licensed
veterinarian stating that the dog is too young to be vaccinated or,
because of old age or another reason, the life of the dog would be
endangered by the administration of vaccine. A copy of the rabies
certificate or certified statement shall be attached to the Clerk's
copy of the application. In the case of an unlicensed dog being redeemed
by the owner or a dog being adopted from a shelter, copies of the
rabies certificate shall be forwarded to the Town Clerk. Such records
shall be kept on file by the Town Clerk and be made available upon
request for rabies and other animal disease control efforts.
C.Â
Spay/neuter certificates. 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. In lieu of the spay or neuter certificate an owner shall present a statement certified by a licensed veterinarian stating that he/she has examined the dog and found that because of old age or other reason the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in Subsection G of this section.
D.Â
License. Upon receiving a complete application, the required documents
and the fee, the Town Clerk shall issue a license and tag. The Town
Clerk's copy shall be kept on file in accordance with the Records
Retention and Disposition Schedule MU-1 issued by the New York State
Archives and Records Administration.
E.Â
Expiration of license. An original license shall be issued for a
period of one year, and shall expire on the last day of the month
one year from the date of issue.
F.Â
License renewal.
(1)Â
License renewal forms shall be mailed by the Town Clerk.
(2)Â
A new rabies certificate shall be required if the one on record has expired or expires within 30 days of the date of renewal. An in-lieu-of statement as described in Subsection B of this section may be substituted for a rabies certificate. New rabies certificates and statements shall be copied and attached to the Town Clerk's copy of the renewal.
(3)Â
A spay/neuter certificate shall not be required if one is already
on file with the Town Clerk. In a case where the dog has been altered
during the preceding year, the certificate shall be presented to the
Town Clerk in order to receive the reduced fee for an altered dog.
The Town Clerk shall make a copy of the certificate and attach it
to the original license on file.
(4)Â
The renewal shall expire on the last day of the month in the same
month that it was originally issued (i.e., a license originally issued
in January will always expire in January.)
(5)Â
Renewing early or late does not change the renewal month. However,
owners having more than one dog may request common renewal dates for
their licenses, which may be granted at the discretion of the Town
Clerk, provided that all other licensing and renewal requirements
are met. No licensing fees will be prorated, refunded, or waived when
accommodating such a request.
(6)Â
Upon renewal the Town Clerk shall provide a validated license to
the owner. The Clerk's copy shall be kept on file in accordance with
the Records Retention and Disposition Schedule MU-1 issued by the
New York State Archives and Records Administration.
G.Â
License fees.
(1)Â
Pursuant to this article, the Town Board of the Town of Ulysses is
authorized to establish by resolution a schedule of fees pertaining
to the licensing, identification and enumeration of dogs. The Town
Board may amend the fee schedule by resolution from time to time as
it deems appropriate. The most current fee schedule will be kept on
file in the office of the Ulysses Town Clerk for public inspection.
(2)Â
All applications for original licenses or renewals shall be accompanied
by a fee established by resolution of the Ulysses Town Board.
(3)Â
All revenue derived from such fees shall be the sole property of
the Town of Ulysses and shall be used only for controlling dogs and
enforcing this article and Article 7 of New York State Agriculture
and Markets Law. Said revenue may also be used to subsidize the spaying
or neutering of dogs, to subsidize any facility as authorized under
Article 7 of New York State Agriculture and Markets Law, and to subsidize
public humane education programs related to responsible dog ownership.
(4)Â
In no event shall any money derived from license fees be used to
subsidize the spaying or neutering of cats or animals other than dogs.
(5)Â
No license fees are refundable or partially refundable in the event
that a dog is lost, stolen, sold, given away, surrendered or deceased
before the expiration of the license.
(6)Â
An additional fee may be established by resolution of the Ulysses
Town Board should a dog be identified as unlicensed during an enumeration.
Such additional fee shall be the property of the Town of Ulysses and
shall be used to pay the expenses incurred while conducting the enumeration.
In the event the additional fees collected exceed the expenses incurred,
such excess fees may be used for enforcing this article and for spaying
or neutering dogs and cats.
(7)Â
In addition to the fees set by the Town Board, an additional New
York State spay/neuter surcharge shall be assessed for the purpose
of carrying out population control efforts as mandated by Article
7 of New York State Agriculture and Markets Law. Money derived from
such additional assessment may be used to subsidize the spaying and
neutering of cats as well as dogs pursuant to Article 7 of New York
State Agriculture and Markets Law.
H.Â
Exemptions to license fees. Licenses for any guide dog, hearing dog,
service dog, war dog, working search dog, detection dog, police work
dog or therapy dog shall be exempt from license fees. Each copy of
any license for such dogs shall be conspicuously marked "guide dog,"
"hearing dog," "service dog," "working search dog," "war dog," "detection
dog," "police work dog" or "therapy dog," as may be appropriate, by
the Town Clerk. Pursuant to Article 7 of New York State Agriculture
and Markets Law, said dogs are not exempt from the mandated population
control fee.
I.Â
Identification of dogs.
(1)Â
When a dog is originally licensed, a Town of Ulysses identification
number will be assigned and an identification tag shall be issued
which shall be worn by the dog at all times.
(2)Â
Existing New York State Agriculture and Markets dog licenses being
renewed or transferred in from another municipality shall be assigned
a Town of Ulysses identification number and an identification tag
shall be issued. The New York State Agriculture and Markets tag or
other municipality's tag shall be discarded and the Town of Ulysses
tag shall be worn by the dog at all times.
(3)Â
A dog participating in a dog show is exempted from wearing an identification
tag only for the duration of the show.
(4)Â
No identification tag shall be affixed to the collar of any dog other
than the dog to which it was assigned.
(5)Â
Any guide dog, hearing dog, service dog, war dog, working search
dog, detection dog, police work dog or therapy dog shall be issued
a Town of Ulysses identification tag and a Tompkins County working
dog tag. Both tags shall be worn by the dog at all times.
(6)Â
Lost tags shall be replaced at the expense of the owner at a fee
set by the Ulysses Town Board.
J.Â
Change of address. When there is a change of address for the owner
of record, the owner shall notify the Town Clerk's office of such
change. If the change is still within the Town of Ulysses, the Town
Clerk will make the appropriate updates to the dog license record.
If the change is located outside the Town of Ulysses, the Town Clerk
shall make a note in the record and cancel the license. The Clerk
shall forward a copy of the license to the Clerk of the municipality
to which the owner has moved, informing said Clerk that the dog now
resides in their municipality.
K.Â
Change of ownership. In the event of a change in the ownership of
any dog licensed in the Town of Ulysses, the new owner shall immediately
make application for a license for such dog. Additionally, the original
owner of record shall notify the Town Clerk's office of the change
of ownership. Such original owner of record shall be liable for any
violation under this article until such filing is made or until the
dog is licensed in the name of the new owner.
L.Â
Lost, stolen or deceased dog. If any dog which has been licensed
in the Town of Ulysses is lost, stolen or deceased, the owner of record
shall notify the Town Clerk's office within 30 days the discovery
of such loss, theft or death.
M.Â
Lists of licensed dog owners. No dog licensing records, information,
or lists shall be made available to any person or company for commercial
purposes.
N.Â
Purebred licenses.
(1)Â
Purebred licenses are offered in the Town of Ulysses as an alternative
to individual dog licenses for owners actively involved in the breeding
and sale of purebred dogs.
(2)Â
To qualify for a purebred license, a person must own five or more
purebred dogs and at least five of those dogs must be unaltered. The
purebred dogs must be registered by a recognized registry association
as defined in Agriculture and Markets Law § 108.
(3)Â
At the time of application, the Town Clerk shall assign a purebred
license identification number.
(4)Â
Application for a purebred license shall be on a form provided by the Town Clerk and shall include rabies vaccination certification as specified in Subsection B of this section for every dog listed on the license, a copy of which shall be kept on file by the Town Clerk.
(5)Â
Copies of registry papers for every dog or a comprehensive list of
registry numbers and associations shall be required and filed with
the Clerk's copy of the license.
(6)Â
All dogs over four months of age must be listed and included in the
purebred license.
(7)Â
Purebred licenses shall be issued for one year and renewed annually.
(8)Â
All applications for and renewals of purebred licenses shall be accompanied
by a fee as set by resolution of the Town Board. In addition, an assessment
of $3 for each unaltered dog and $1 for each altered dog shall be
added for the purpose of carrying out animal population control efforts
as mandated by Article 7 of New York State Agriculture and Markets
Law. No fee or portion thereof shall be refundable once the license
is issued.
(9)Â
The Town Clerk may request that the Dog Control Officer verify the
number of dogs being claimed on any purebred license.
(10)Â
No purebred license is transferable. Upon change of ownership of any dog licensed under a purebred license, the new owner shall immediately make application for a license pursuant to Subsection A of this section, except when the new owner holds a valid purebred license and adds the dog to such purebred license.
O.Â
Wolf/dog hybrid. A wolf/dog hybrid, or any animal whose overall appearance
makes it difficult or impossible to distinguish from a wolf (Canis
lupis) or a coyote (Canis latrans) may not be licensed in the Town
of Ulysses. New York State Department of Environmental Conservation
regulates them under dangerous wildlife license pursuant to Environmental
Conservation Law §§ 3-0301, 11-0325, 11-0511 and 6
NYCRR Part 175 and Part 180. A copy of such permit must be filed with
the Ulysses Town Clerk in lieu of a dog license.
A.Â
It shall be unlawful for any owner of a dog to permit or allow such
dog to:
(1)Â
Run at large.
(2)Â
When within the corporate limits of the Village of Trumansburg, be
off the owner's property unless restrained and controlled by an adequate
collar and a leash.
(3)Â
When in the area of the Town of Ulysses outside the corporate limits
of the Village, be off the owner's property unless restrained by an
adequate collar and leash except when it is accompanied by its owner
or a responsible person able to control it by command.
(4)Â
Engage in habitual loud howling, barking, crying or whining or conduct
itself in such a manner so as to unreasonably and habitually annoy
and/or disturb any person other than the owner of such dog.
(5)Â
Cause damage or destruction to property or defecate, urinate, dig
or otherwise commit a nuisance other than on the property of the owner
of such dog.
(6)Â
Chase, bite, jump upon or at, or otherwise harass any person in such
a manner as to reasonably cause intimidation or fear or to put such
person in reasonable apprehension of bodily harm or injury.
(7)Â
Chase, run alongside of, bark at or otherwise harass any motor vehicle,
motorcycle, bicycle, carriage or any other vehicle or device used
by persons for travel or any riders or occupants thereof while said
vehicle or device is on a public highway or private property other
than property of the owner of said dog. For purposes of this section,
a horse or other animal shall be considered a vehicle or device.
B.Â
It shall also be unlawful for any dog owner to:
(1)Â
Fail to license any dog at the age of four months or older, or allow
any dog to be unlicensed due to failure to renew a dog license.
(2)Â
Fail to have any dog identified by a valid and current Town of Ulysses
dog license identification tag.
(3)Â
Knowingly affix to any dog any false or improper identification tag
or any identification tag belonging to another dog.
(4)Â
Fail to confine, restrain or present such dog for any lawful purpose
pursuant to this article or Article 7 of New York State Agriculture
and Markets Law.
(5)Â
Furnish any false or misleading information on any license or form
required by the Town, the Ulysses Dog Control Officer, or any shelter
or pound servicing the Town of Ulysses.
(6)Â
Fail to notify the Town Clerk of any change of ownership, change
of address, death or loss of any dog licensed in the Town of Ulysses.
(7)Â
License a wolf/dog hybrid or any animal whose overall appearance makes it difficult or impossible to distinguish it from a wolf (Canis lupis) or a coyote (Canis latrans) as a dog in the Town of Ulysses. See § 66-6O.
(8)Â
Fail to obtain a permit from the Department of Environmental Conservation
for a wolf/dog hybrid or any animal whose appearance makes it impossible
to distinguish it from a wolf (Canis lupus) or a coyote (Canis latrans)
and/or fail to file such permit with the Town of Ulysses in lieu of
a dog license.
(9)Â
Violate the provisions of New York State Agriculture and Markets
Law § 351, which prohibits animal fighting.
C.Â
Establishment of the fact or facts that a dog or its owner has committed
any of the acts above prohibited by this article shall be presumptive
evidence against the owner of such dog that he/she has failed to properly
confine, leash or control his/her dog.
A.Â
Any owner who allows a dog to defecate on any public or private property,
other than the property of the owner, shall immediately clean up the
feces, place it in a plastic container or bag, and deposit it in a
container used for the disposal of refuse.
B.Â
In no event shall any feces be deposited in storm drains or any other
streams or ponds.
All premises occupied by dogs shall be kept in a clean, sanitary
condition. Adequate food, water, shelter and space must be provided
for each dog owned. For the purpose of this section, "adequate" shall
mean sufficient for age, size and number of dogs on the premises.
All female dogs, while in season (heat), shall be confined to
the premises of their owner and my not be left outside unattended.
Any owner not adhering to this section shall be subject to having
the dog seized by the Dog Control Officer and removed to a shelter
or pound for confinement. The owner of any dog seized pursuant to
this section shall be subject to an impoundment fee plus the shelter's
usual boarding fees for time spent in the shelter. In the event that
the dog is released from the shelter before the end of its cycle,
the owner must demonstrate to the shelter manager that the dog shall
be sufficiently confined.
A.Â
If a domestic, farm or companion animal is injured or killed as a
result of being attacked, chased or worried by any dog, the owner
of said dog shall be liable for damage. The owner of such injured
or killed animal may make a complaint to the Dog Control Officer or
a police officer who shall proceed pursuant to the dangerous dog section
of Article 7 of New York State Agriculture and Markets Law.
B.Â
In no event shall the Town of Ulysses, the Village of Trumansburg,
or the County of Tompkins be held liable for any damage done by any
dog.
A.Â
The determination of a dangerous dog and the prosecution of the owner
of such a dog shall be pursuant to Article 7 of New York State Agriculture
and Markets Law.
B.Â
In the event that a dog is determined by the Ulysses Town Court to
be a dangerous dog, the Court shall give notice to the Town Clerk
of such determination and note will be made in the dog's record. Additionally,
the Town Clerk shall notify the Village Clerk, law enforcement and
emergency services.
Any Dog Control Officer or other person or persons, who are
or may be lawfully authorized by the Town, shall, and any Village
of Trumansburg police officer or any other peace officer may, administer
and enforce the provisions of this article, and for such purpose shall
have the authority to issue appearance tickets.
A.Â
Any dog belonging to a person found in violation of any of the provisions
of this article may be seized pursuant to the provisions of New York
State Agriculture and Markets Law.
B.Â
Any dog believed to be dangerous and which poses an immediate threat
to the public safety may be seized.
C.Â
Any dog may be seized which has been judged to be a dangerous dog
pursuant to New York State Agriculture and Markets Law and whose owner
has failed to obey a court order pertaining to said dangerous dog.
D.Â
Every dog impounded shall be properly cared for, sheltered, fed and
watered.
E.Â
Seized dogs may be redeemed by producing proof of licensing and identification
and by paying an impounded dog license surcharge as set by resolution
of the Town Board.
F.Â
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. Said owner shall provide proof that the dog has been licensed pursuant to this article and pay an impoundment dog license surcharge fee pursuant to Subsection E of this section. Seized dogs that are found to be unlicensed shall be reported to the Town Clerk before leaving the shelter and be required to be licensed immediately at the Town Clerk's office.
G.Â
In the case of an identified dog, the owner of record shall be promptly notified by the Dog Control Officer of the seizure and the procedure for redemption, either personally or by certified, return receipt requested mail. If notification is personally given, the dog shall be held for a period of seven days after the day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, the dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. Said owner shall provide proof that the dog has been licensed pursuant to this article and pay an impoundment dog license surcharge fee pursuant to Subsection E of this section. Any owner who provides an expired license as proof will be reported to the Town Clerk for renewal of the license and pay the impounded dog license surcharge before the dog is released from the shelter.
H.Â
Any dog unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provision of New York State Agriculture and Markets Law.
I.Â
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment dog license surcharge fee required by Subsection E of this section.
J.Â
The seizure of any dog shall not relieve any person from any violation
of this article or New York State Agriculture and Markets Law.
A.Â
Any Town-designated Dog Control Officer or agency having reasonable
cause to believe that a violation of this article has been committed
in his/her presence shall, and any Village police officer or other
peace officer may, issue and serve upon such person an appearance
ticket for such violation.
B.Â
Any person who observes a dog in violation of this article may file
a complaint, under oath, with a Town-designated Dog Control Officer
or agency specifying the nature of the violation, the date thereof,
and a description of the dog, the location of the violation and the
name and residence, if known, of the owner of such dog. Such complaint
may serve as the basis for enforcing the provisions of this article.
C.Â
Upon receipt by the Town-designated Dog Control Officer or agency
of any such complaint, that officer or agency shall issue an appearance
ticket to the alleged owner of the dog to appear before the Ulysses
Town Court at a date and time specified.
A violation of this article shall constitute a violation as
defined in the Penal Law of the State of New York and shall be punishable
by a penalty of not less than $25 for the first violation, not less
than $50 for the second violation, and not less than $75 for the third
and all subsequent violations, or by imprisonment for a term not to
exceed five days for each violation. These penalties shall be in addition
to any other penalty provided by law.
A.Â
Pursuant to Article 7 of New York State Agriculture and Markets Law,
any person who intentionally refuses, withholds, or denies a person,
because he or she is accompanied by an on-duty police work dog, working
search, war, or detection dog, any accommodations, facilities, or
privileges thereof shall be subject to a civil penalty of up to $200
for the first violation and up to $400 for each subsequent violation.
B.Â
Pursuant to Article 7 of New York State Agriculture and Markets Law,
any person who for the purpose of participating in the animal population
control program shall falsify proof of adoption from a pound, shelter,
duly incorporated society for the prevention of cruelty to animals,
duly incorporated humane society or duly incorporated dog or cat protective
association; or who shall furnish any licensed veterinarian of this
state with inaccurate information concerning his or her residency
or the ownership of an animal or such person's authority to submit
an animal for a spaying or neutering procedure pursuant to this article
and/or § 117 of New York State Agriculture and Markets Law;
and any veterinarian who shall furnish false information concerning
animal sterilization fees shall be guilty of a violation prosecuted
pursuant to the New York State Penal Law punishable by a fine of not
less than $250.
Notwithstanding any other provision of law, all moneys collected
as fines or penalties by the Town of Ulysses as a result of any prosecution
for violations of the provisions of this article or Article 7 of New
York State Agriculture and Markets Law and all bail forfeitures by
persons charged with such violations shall be the property of the
Town of Ulysses and shall be paid to the Town Supervisor. Such moneys
shall be used only for controlling dogs and enforcing this article.
Said revenue may also be used to subsidize:
No action shall be maintained against the Town of Ulysses, the
Village of Trumansburg, the Ulysses Dog Control Officer, any Village
of Trumansburg police officer, or any person or persons lawfully authorized
by the Town when performing duties pursuant to this article or New
York State Agriculture and Markets Law to recover the possession or
value of any dog, or for damages for injury or compensation for the
destruction of any dog seized or destroyed pursuant to the provisions
of this article or New York State Agriculture and Markets Law.
This article shall take effect the 1st day of January 2011 and
filed with the Secretary of State.
[Adopted 7-26-2022 by L.L. No. 3-2022]
The title of this article shall be "Prohibition on Display of
Wild and/or Exotic Animals in a Traveling Animal Act."
This article is enacted pursuant to the provisions of the Municipal
Home Rule Law of the State of New York.
The Town Board of the Town of Ulysses, County of Tompkins, hereby
finds and declares that the purpose of this article is to protect
the health, safety and welfare of the residents of the Town of Ulysses
from the dangers posed by the display of wild and exotic animals,
as well as the health, safety and welfare of those animals.
This article shall apply to all areas of the Town of Ulysses,
outside of the municipal boundaries of the Village of Trumansburg.
As used in this article, the following words shall have the
meanings set forth herein.
The Town Code Enforcement Officer, SPCA Humane Officer, officer
of the peace, police officer, or other person duly authorized by the
Town Board of the Town of Ulysses to enforce this article.
Any exhibition, fair, act, circus, ride, or similar undertaking
in which wild and/or exotic animals are required to perform tricks,
give rides, or participate as accompaniments for the entertainment,
amusement, or benefit of a live audience, whether or not a fee is
charged.
A transporting vehicle such as a truck, trailer or railway
car, used to transport or house wild and/or exotic animals while traveling
for exhibition or other performance of those wild and exotic animals.
Any display of wild and/or exotic animals where such animals
are transported to, from, or between locations for the purpose of
such display, in a mobile or traveling housing facility.
All animals classified in the following orders or families
except the species noted:
Non-human primates and prosimians;
Felidae, except domestic cats;
Canidae, except domestic dogs;
Ursidae;
Marsupialia;
Proboscidea;
Crocodilia;
Artiodactyla, except any member of the genus Bos (domestic cattle);
any member of the family Cervidae (deer/elk); any member of the family
Suidae (pigs, hogs, boars); any member of the family Camelidae native
to South America (Llamas and alpaca); any member of the Caprine species
(goat); any member of the genus Ovis (sheep); any member of the subtribe
Bovina (bison/buffalo);
Perissodactyla, excepting horses, ponies, donkeys, and mules;
Elasmobranchii;
Pinnipedia; and
Raties, except ostriches and emu.
It shall be unlawful for any person, business, entity, corporation,
limited-liability company or other similar organization to allow for
the display of a wild and/or exotic animal in a traveling animal act.
Any Enforcement Officer shall administer and enforce the provisions
of this article, and for such purpose shall have the authority to
issue appearance tickets.
A violation of this article shall constitute a violation as
defined in the Penal Law of the State of New York and shall be punishable
by a penalty of $250 per offense. Each and every wild and/or exotic
animal exhibited and each day of exhibition shall each constitute
a separate offense.
This article shall take effect upon filing with the Secretary
of State.
