[HISTORY: Adopted by the Town Board of the Town of Evans as indicated in article histories. Amendments noted where applicable.]
Fees — See Ch. 106.
Article I Dogs
[Adopted 12-15-2010 by L.L. No. 1-2011]
This local law also repealed former Article I, Dogs, adopted 12-15-1993 by L.L. No. 13-1993, as amended.
The purpose of this article shall be to preserve the public peace and good order in the Town of Evans (hereinafter termed the "Town"), to contribute to the public safety and welfare, to provide for the licensing and enumeration of dogs within the Town and to preserve and protect the property and the persons of the Town of Evans by declaring and enforcing certain regulations and restrictions on the activities of dogs within the Town.
As used in this article, the following terms shall have the meanings indicated:
- DANGEROUS DOG
- Any dog which chases, jumps at or onto, snaps at or bites or has bitten any person or whose action might cause reasonable apprehension of harm or injury to any person.
- Both male and female, licensed or unlicensed, members of the species Canis familiaris.
- DOG CONTROL OFFICER
- Person appointed by the Town of Evans to fulfill the duties of the office to uphold the laws of New York State and this article. The Society for the Prevention of Cruelty to Animals may act as agents of the Town when authorized to do so by the Chief of Police.
- Any person harboring or keeping a dog and the parent, legal guardian or head of the household in which a minor dog owner resides.
- RESTRICTED AREA
- A protected, fenced or caged area where a dangerous dog can be confined securely, where a gauge of linking or fencing shall exist such that no infant's limbs can penetrate into the protected area and where the height is sufficient to prevent the possibility of escape.
All dogs in the Town must be licensed with the Town Clerk by the age of four months and are required to present a current certificate of rabies vaccination at the time of licensing or the renewal of an existing license.
All dog licenses for unspayed or unneutered or for spayed or neutered dogs may be purchased for a one-year or three-year period and will expire at the end of the month one year or three years from the date of issuance, as the case may be. Dog licenses are not transferable.
Kennels permitted and established in the Town of Evans may purchase a kennel license for the licensing of all dogs over the age of four months held at such kennel during any one-year period. Such license shall be for a one-year period and will expire at the end of the month one year from the date of issuance. Kennel licenses are not transferable.
Fees for licensing of dogs.
The fee for a spayed or neutered dog for a one-year or three-year period will be as established by resolution of the Town Board, which fee shall include the assessment of a surcharge for the purpose of carrying out animal population control, which surcharge shall also be established by resolution of the Town Board.
The fee for an unspayed or unneutered dog for a one-year or three-year period will be as established by resolution of the Town Board, which fee shall include the assessment of a surcharge for the purpose of carrying out animal population control, which surcharge shall also be established by resolution of the Town Board.
The fee for the issuance of a kennel license as provided in this article shall be established by resolution of the Town Board, which fee shall include the assessment of a surcharge for each unspayed, unneutered, spayed or neutered dog held at such kennel from time to time.
The fees established by this provision are subject to review by the Town Board periodically and may be changed by a resolution of the Town Board, if deemed appropriate.
Grace period. Any dog harbored within the Town which is owned by a resident of New York City and 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 provisions of this section.
Service dogs. The Town will require a license for every guide dog, service dog, hearing dog, therapy dog and detection dog or police work dog; however the fee for this license shall be waived upon presentation of a certificate acceptable to the Town Clerk establishing the qualification of such dog to entitle the same to such waiver. A current certificate of rabies vaccination shall be required at the time of licensing or the renewal of an existing license.
All dog licenses may be purchased by visiting the Town offices or by regular mail. If licensing or renewing a license by mail, the appropriate fee must accompany the forms. There will be no refund of fees for any issued license.
All fees will be used in funding the administration of this article.
This dog license fee shall be charged for all licenses becoming effective on or after the effective date of this article.
No owner harboring or having care, custody or charge of any dog, whether male or female, whether licensed or not, shall allow or permit such dog, at any time, to run at large in the Town of Evans, unless such dog shall be effectively restrained by a chain or leash not exceeding eight feet in length and in the control of a competent person. In no event should said dog enter upon the land of another without consent.
No person shall harbor or maintain within the Town of Evans any dog which, by habitually barking or crying, disturbs the peaceful living of any person. Any dog which barks or cries for 10 minutes or more daily for more than two days shall be deemed to be habitually barking or crying.
No person owning, harboring, keeping or having custody and control of a dog shall suffer, permit or allow such dog to urinate or defecate on or commit any other nuisance or to damage property of the public or of another person or in any park, public building, street, parking lot or upon any public sidewalk.
The owner of a dog deemed to be a dangerous dog by the Dog Control Officer or Town police officer shall be notified in writing of such designation and shall be required to harbor such dog in a restricted area within 10 days of receipt of such notice. No person shall harbor or maintain a dangerous dog in the Town of Evans except in a restricted area.
There shall be no fee for any license issued for any guide dog, service dog, hearing dog, therapy dog and detection dog or police work dog, and such dogs shall be exempt from dog control laws while working, in accordance with the provisions of the New York State Agriculture and Markets Law.
The duties of the Dog Control Officer shall be to:
Enforce all of the laws of the State of New York, County of Erie and the Town of Evans pursuant to the control of dogs, to include but not be limited to the licensing of dogs.
Preserve and protect the safety of the public from dangerous dogs and dogs posing a potential for danger or nuisance; investigate complaints, make dangerous dog determination and notify owner of such dog in writing.
Seize and secure dogs in violation of those statutes for which the Dog Control Officer is responsible.
Ensure the just and humane treatment of dogs which come into his custody.
Maintain records as required by the State of New York on dog enforcement and control.
Properly dispose of dead dogs and cats.
Obey the command of the Chief of Police, who shall exercise direct control over all Dog Control Department officers.
The Dog Control Officer or any police officer may seize a dog found to be at large in violation of § 57-4.
Any dog seized by a Dog Control Officer or police officer shall be held for the redemption period and may be redeemed by the owner within the time and manner prescribed by the Agriculture and Markets Law of the State of New York, provided that the owner pays the impoundment fees as required by law, rule or regulation as set forth in Chapter 106, Fees, of this Town Code and produces the proper license.
Dogs seized and not redeemed may be destroyed, in the proper case; however, failure of any owner to redeem any dog shall not relieve said owner from payment of the prescribed impoundment fees herein and as set forth in the Agriculture and Markets Law of the State of New York.
Any person who commits any acts in violation of any of the provisions of this article shall be guilty of a violation and, upon conviction, shall be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or to both such fine and imprisonment.
The Dog Control Officer or police officer, having reasonable cause to believe that a person has violated this article, shall issue and serve upon such person an appearance ticket returnable, in the Town Justice Court, for such violation in the form prescribed by the Town Board and in accordance with the provisions of the Agriculture and Markets Law.