Town of North Collins, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of North Collins as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Farming — See Ch. 128.
Noise — See Ch. 160.
Parks and recreation areas — See Ch. 173.
Zoning — See Ch. 265.
[Adopted 12-8-2010 by L.L. No. 1-2010]

§ 94-1 Purpose.

The purpose of this article shall be to preserve the public peace and good order in the Town of North Collins and to promote the public health, safety and welfare of its people by enforcing regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of dog owners and the rights and privileges of other citizens of the Town of North Collins and to provide for the processing and issuance of dog licenses and other delegated functions by the North Collins Town Clerk and Dog Control Officer pursuant to amendments to Article 7 of New York State's Agriculture and Markets Law, by Part T of Chapter 59 of the Laws of 2010.

§ 94-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ANIMAL (DOG) CONTROL OFFICER
A person or persons appointed by the Town for the purpose of enforcing this article.
AT LARGE
An unleashed dog off the premises of the owner.
DOG
Both male and female dogs.
IDENTIFICATION TAG
A tag issued by the Town Clerk which sets forth the identification number together with the name of the Town of North Collins and State of New York and municipal contact information (including phone number) and such other information as deemed appropriate by the Town Clerk.
LEASHED
Restrained by a leash attached to a collar or harness of sufficient strength to restrain the dog and which shall be held by a person having the ability to control the dog.
OWNER
Includes any person who keeps, harbors or has custody, care or control of a dog. Dogs owned by minors shall be deemed to be in the custody and control of parents or other heads of household where the minor resides. Any person harboring a dog for a period of one week shall be deemed to be the "owner" of the dog for the purposes of enforcing this article.

§ 94-3 Prohibited acts.

It shall be unlawful for any owner of a dog in the Town of North Collins to permit or allow such dog to:
A. 
Engage in habitual loud howling, barking or whining or to conduct itself in such a manner as to habitually annoy any person other than the owner or harborer of the dog.
B. 
Cause damage or destruction to public or private property or otherwise commit a nuisance upon property other than that of the owner or harborer of the dog.
C. 
Bite, chase, jump upon or otherwise harass any person in such a manner as to cause intimidation or to put such a person in reasonable apprehension of bodily harm or injury.
D. 
Kill or injure any dog, cat or other household pet.
E. 
Be unlicensed when four months of age or older.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Not have a current and valid Town identification tag on its collar while at large, whether or not restrained by an adequate leash.

§ 94-4 Female dogs in season.

All female dogs shall be confined to the premises of their owners while such are in season (heat) and may not be left outside unattended. Any owner not adhering to this rule will be subject to having the dog seized by the Animal (Dog) Control Officer and removed to a safe place of confinement.

§ 94-5 Maintenance of premises; food and water.

All premises occupied or used by dogs shall be kept in a clean, sanitary condition. Failure to provide adequate food, water or space shall subject dogs to seizure and confinement. "Adequate" shall mean sufficient for the age, size and number of dogs on the premises. Upon conviction of the owner or harborer, the dogs become the property of the Town of North Collins, to be released to an authorized humane society, veterinarian or kennel for adoption or euthanasia.

§ 94-6 Records of seizure.

Upon taking custody of any animal, the Animal (Dog) Control Officer shall make a record of the matter. The record shall include the date of pickup, breed, general description, sex, identification numbers, time of pickup, location of release and name and address of the owner, if any.

§ 94-7 Redemption.

A. 
If a dog seized is not wearing an identification tag (license tag), it shall be held for a period of no less than five days.
B. 
If a dog seized is wearing an identification number, the owner shall be promptly notified, either in person or by certified mail. If the owner is notified in person, the dog shall be held for a period of no less than seven days; of notified by mail, no less than nine days.
C. 
The owner of the dog shall be responsible for any impoundment fee established by the Town plus any other expenses incurred by the municipality to humanely care for the dog.
D. 
If not redeemed, the owner shall forfeit all title to the dog, and it shall be released to an authorized humane society or kennel to be adopted or euthanized.

§ 94-8 Complaint procedure.

Any person who observes a dog in violation of any section of this article may file a signed complaint, under oath, with a Justice of the Town of North Collins, or with the authorized Animal (Dog) Control Officer or any peace officer, specifying the violation, the date of violation and the damage caused and including the place(s) the violation occurred and the name and address of the dog owner, if known.

§ 94-9 Enforcement.

Any person or persons who are or may be lawfully authorized by the Town of North Collins shall and all peace officers may administer and enforce the provisions of this article and for the purpose shall have the authority to issue summonses or appearance tickets and to seize dogs, either on or off the owner's premises, if witnessed to be in violation of this article.

§ 94-10 Penalties for offenses.

Unless otherwise provided in the Agriculture and Markets Law, 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 fine of not more than $25 for the first violation, $50 for the second violation and not more than $75 for a third violation.

§ 94-11 Administration.

No person shall hinder, resist or oppose the Dog Control Officer, peace officer or other person(s) authorized to administer or enforce the provisions of this article in the performance of the officer's duties under this article.

§ 94-12 Disclaimer of liability.

The owner or harborer of any dog so destroyed under the provisions of this article, whether destroyed by the Animal (Dog) Control Officer or a peace officer or released to an authorized humane society or veterinarian, shall not be entitled to any compensation, and no action shall be maintainable thereafter to recover the value of such dog or any other type of damage.

§ 94-13 License fees.

Applications for a license or license renewal shall be accompanied by a nonrefundable processing fee in an amount as shall be set forth from time to time by the resolution of the Town Board, provided that a five-dollar differential must be maintained between altered versus unaltered dogs. A surcharge of at least $1 for altered dogs and at least $3 for unaltered dogs, or as established by Article 7 of the Agriculture and Markets Law, shall be collected by the Town Clerk and paid over to the agency designated pursuant to Article 7 of the Agriculture and Markets Law to be used for animal population control efforts.
A. 
There shall be no license fee for any guide dog, hearing ear dog, service dog, war dog or police work dog.

§ 94-14 Application and issuance of license.

An application for a license or renewal shall be in the form prescribed by the Town Clerk and shall provide the following minimum information:
A. 
Name, residence address and telephone number for each owner;
B. 
The name, sex, approximate age, breed, color, markings and other identifying details of the dog;
C. 
Veterinarian's statement of spaying or neutering; and
D. 
Rabies certification;
E. 
Such other information or documentation deemed necessary by the Town Clerk to effectuate the purpose of this article.

§ 94-15 Term of license and renewals.

All licenses issued pursuant to this article, and any renewal thereof, shall expire on the last day of the last month of the period for which they are issued, except that no license or renewal shall be issued for a period expiring after the last day of the eleventh month following the expiration date of the current rabies certificate for the dog being licensed. In the event an applicant for a license or renewal presents a statement certified by a licensed veterinarian, in lieu of a rabies certificate, then the license or renewal shall be issued for one year from the date of the statement.

§ 94-16 Impoundment fees and redemption.

Any dog found to be "at large" and seized by any dog control officer or peace officer shall be held for the redemption period provided herein and may be redeemed by the owner within the time and in the manner prescribed by § 117 of Article 7 of the Agriculture and Markets Law of the State of New York provided that the owner pays the following impoundment fees:
A. 
Twenty-five dollars for the first impoundment of any dog owned by that owner and $10 for each additional 24 hours or part thereof.
B. 
Fifty dollars for the second impoundment of any dog owned by that same owner and $10 for each additional 24 hours or part thereof.
C. 
Seventy-five dollars for the third impoundment of any dog owned by that same owner and $10 for each additional 24 hours or part thereof.
D. 
One hundred dollars for the fourth and subsequent impoundments of any dog owned by that same owner and $10 for each additional 24 hours or part thereof.

§ 94-17 Enforcement.

It shall be the duty of the Dog Control Officer of the Town of North Collins to enforce the provisions of this article. The Dog Control Officer shall have all the powers of a peace officer in enforcing the provisions of this article. In addition, the Dog Control Officer may serve any process related to any proceeding, whether criminal or civil in nature, including an appearance ticket undertaken in according with the provisions of this article.

§ 94-18 Rabies vaccination.

Any person owning, possessing or harboring a dog four months of age or over in the Town of North Collins shall be required to have the dog vaccinated to prevent the spread of rabies.

§ 94-19 Effective date.

This article shall constitute part of the Town Code of the Town of North Collins and shall take effect upon the filing in the office of the Secretary of State of New York and shall not be implemented before January 1, 2011.