[Adopted 8-23-1995 by L.L. No. 4-1995]
Editor's Note: This local law also repealed former Art. I, Dogs, adopted 7-7-1976 by L.L. No. 1-1976, as amended.
As used in this article, the following terms shall have the meanings indicated:
- ALTERED DOG
- A dog which has been spayed or neutered.[Added 12-15-2010 by L.L. No. 6-2010]
- AT LARGE
- Being in any public place, as well as being on any private property other than that of the owner without the knowledge or consent of said owner.
- Any form of canine vocalization, including baying, howling, yapping, whining or any other noise a dog can make.
- Any person, such as a neighbor, friend, kennel operator or veterinarian, who has been given the authority and responsibility for harboring a dog.
- Any member of the species canis familiaris, of either sex.
- DOG CONTROL OFFICER
- Any one or more persons at any time designated by the Town Board to fulfill the duties of this article.
- Any person, whether or not the owner, in charge of a dog off of the owner's property. A "handler" is not necessarily a custodian.
- To provide food or shelter to a dog.
- IDENTIFICATION TAG
- A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk and any other information deemed necessary
by the Town Clerk.[Added 12-15-2010 by L.L. No. 6-2010]
- NYS A&M
- The New York State Agriculture and Markets Law.
- Any person who harbors or keeps a dog, irrespective of legal title or licensing.
- OWNER OF RECORD
- The person in whose name a dog was last licensed pursuant
to this article.[Added 12-15-2010 by L.L. No. 6-2010]
- Any individual, corporation, partnership, association or other legal entity.
- The Society for the Prevention of Cruelty to Animals.
[Added 12-15-2010 by L.L. No. 6-2010]
Rabies vaccination required.
Any person owning, possessing or harboring a dog four months of age or over in the Town of Clarence shall be required to have the dog vaccinated to prevent the spread of rabies, except that a rabies vaccine is not required for a dog whose health would be adversely affected by a rabies vaccination, provided that a written statement, certified by a duly licensed veterinarian, specifying such condition is presented to the Town Clerk or the Dog Control Officer and filed with the Town Clerk's office.
Any person owning, possessing or harboring a dog who fails or refuses to submit the dog for vaccination within 10 days after a request by the Dog Control Officer, peace officer, police officer or health officer shall be in violation of this article.
Any person owning, possessing or harboring a dog four months of age or over in the Town of Clarence shall obtain a current license for said dog and shall place and keep on such dog a collar to which shall be securely attached a valid identification tag for that dog, in accordance with the requirements of this article.
Exemption. No license is required for any dog under the age of four months and which is not at large.
The owner of one or more purebred dogs registered by a recognized registry association may annually make application for a purebred license issued by the Town Clerk.
In addition to the required minimum information for a license, a purebred owner must provide the registry name and number of each purebred registered dog.
License application and fees.
An application for a license or renewal shall be in the form prescribed by the Town Clerk and shall provide for the following minimum information:
The name, residence address, mailing address and telephone number of each owner;
The name, sex, approximate age or year of birth, breed, color, markings and other identifying details of the dog;
State whether the dog has been spayed or neutered; and
Such other information or documentation deemed necessary by the Town Clerk to effectuate the purpose of this article.
Rabies certification. The application for a license or renewal shall be accompanied by a statement certified by a licensed veterinarian showing that the dog has received the rabies vaccine; or, in lieu thereof, a statement certified by a licensed veterinarian that, because of the dog's age or other reason, the life of the dog would be endangered by the administration of the rabies vaccine.
Spayed/neutered certificate. In the case of an altered dog, every application shall be accompanied by a certificate signed by a licensed veterinarian or a sworn affidavit signed by the owner in the form acceptable to the Town Clerk showing that the dog has been spayed or neutered, except that such certificate or affidavit is not required if same is already on file with the Town Clerk. In lieu of the spayed or neutered certificate, an owner may present a statement certified by a licensed veterinarian stating that he or 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 an altered dog.
A guide dog, hearing dog, service dog, working search dog, war dog, detection dog, police work dog or therapy dog shall be exempt from a license processing fee provided that the owner of the dog provides adequate proof in the form of a training certificate or other documentation deemed appropriate by the Town Clerk or Dog Control Officer.
Applications for a license or renewal thereof shall be accompanied by a nonrefundable license processing fee, the amount of which shall be adopted annually or at any other time as determined by resolution of the Town Board, provided that the total fee for an unspayed or unneutered dog shall be at least $5 more than the total fee for a spayed or neutered dog. A portion of the fee shall be paid to the agency designated pursuant to § 110 of the New York State Agriculture and Markets Law to be used for animal population control efforts.
Purebred license fees: a nonrefundable license processing fee, the amount of which shall be adopted annually or at any other time as determined by resolution of the Town Board. A portion of the fee shall be paid to the agency designated pursuant to § 110 of the New York State Agriculture and Markets Law to be used for animal population control efforts.
Issuance of license; identification tag.
Upon validation by the Town Clerk or authorized dog control officer, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk.
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately apply for a new license for the dog. A license cannot be transferred to another dog.
The Town Clerk shall assign an identification number to a dog when it is first licensed. Such identification number shall be carried by the dog on an identification tag which shall be affixed to the collar of the dog at all times.
No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which the number has been assigned.
Any person wishing to replace a tag previously issued shall pay to the Town Clerk a sum to be determined by resolution of the Town Board for a replacement tag.
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 11th 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.
Licensing. No owner shall harbor any dog not licensed as required by Article 7 of the Agriculture and Markets Law of the State of New York.
Youthful owner. In the event that the owner of a dog is under the age of 18 years of age, the head of the household where the owner resides shall be deemed owner under this article.
Custodian as owner. In the event that and for so long as custody of a dog is granted to any other person, that person shall be deemed owner in lieu of the person granting custody under this article.
Dog restraint and sanitation.
No dog shall be at large within the Town of Clarence unless restrained by a handler using a lead of no more than six feet in length. No owner in the Town of Clarence shall permit their dog to be at large without such restraint.
If a dog defecates in a public place, the handler shall promptly remove and properly dispose of the droppings in a responsible and sanitary manner.
No owner shall harbor any dog which, by repeated and loud episodes of incessant barking lasting 30 minutes or longer, thereby disturbs the peace and quiet of a neighborhood by annoying the residents thereof.
No person shall deliberately, carelessly or negligently provoke a dog into barking, thereby disturbing the peace and quiet of a neighborhood by annoying the residents thereof. Proof of such provocation is a defense under § 83-2E(1).
Lost, escaped or stolen dogs. The owner of any lost dog that can be presumed to be at large shall report the dog's absence to the Dog Control Officer as soon as the absence is discovered.
No person, firm or corporation owning or occupying a premises on which an animal is kept shall permit such premises to be unclean or unsanitary.
[Added 10-22-2003 by L.L. No. 10-2003]
Qualifications. In addition to qualifications set forth in the Erie County job description for the Dog Control Officer, the Dog Control Officer shall obtain recognized certification in basic animal control within the first 12 months of appointment.
In the use of any weapon or device for dog control, including, but not limited to, netting, trapping, snaring, tranquilization or firearm use, the Dog Control Officer shall employ the most humane method possible under the circumstances.
The Town shall provide one or more tranquilizer guns appropriate to the duties of the Dog Control Officer, as well as instruction in its proper use.
Use of microchip reader. The Town shall provide the Dog Control Officer with a device capable of reading microchips embedded in dogs, in accordance with authorized current practices, as well as instruction in use of said device.
Seizure, impoundment and notification. Pursuant to the New York State Agriculture and Markets Law § 118, the Dog Control Officer shall seize and impound any dog found running at large or unrestrained contrary to the provision of § 83-2D above.
Recordkeeping. In addition to the recordkeeping mandated by the New York State Agriculture and Markets Law § 114, Subdivision 5, the Dog Control Officer shall also record any tattoo or embedded microchip number of a seized dog.
This article shall be enforced by the Dog Control Officer.
In addition to the powers granted under the New York State Agriculture and Markets Law § 114, Subdivision 4, the Dog Control Officer is authorized to sign and issue any complaint, information or notice in connection with the prosecution of any violation of this article.
The Dog Control Officer is authorized to enter upon any lands where a dog is harbored and to require the owner to display the licensing of such dog.
The owner shall pay a pickup and impoundment fee of $25 for the first day then $10 for each subsequent day of impoundment for dogs seized under § 83-4D of this article.
There shall be a fee, equal in amount to the fee charged by the SPCA, for the pickup of dogs or cats that are released by the owner to the Town for euthanasia and transported to the SPCA for the performance of this service. Veterinarian service fees incurred by the Town of Clarence shall be paid by the owners of the animals.
Editor's Note: Former Subsection A, which contained an annual fee pursuant to Agriculture and Markets Law § 110, Subdivision 4(a), amended 12-15-2004 by L.L. No. 10-2004, was repealed 12-15-2010 by L.L. No. 6-2010. This local law also redesignated former Subsections B through G as Subsections A through F, respectively.
Any owner or handler violating Subsection A, D, E or G of § 83-3 shall be guilty of an offense punishable by a fine as follows:
[Amended 10-22-2003 by L.L. No. 10-2003; 6-12-2013 by L.L. No. 1-2013]
Any person taking part or assisting in any violation of this article shall also be subject to the penalties herein.
All fees and fines established herein are payable to the Town of Clarence. Fees may be subject to change per the Town of Clarence schedule.