[HISTORY: Adopted by the Town Board of the Town of Parma as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-16-2011 by L.L. No. 1-2011]
Editor's Note: This local law also superseded former Art. I, Dogs, adopted 12-7-2010 by L.L. No. 4-2010.
The purpose of this article is to provide for the licensing and identification of dogs and the control and protection of the dog population.
The title of this article shall be "Dog Control Ordinance of the Town of Parma."
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law, as amended by L. 2010, C.59, Part T, and the Municipal Home Rule Law of the State of New York.
As used in this article, the following words shall have the following respective meanings:
- Male and female, licensed and unlicensed, members of the species Canis familiaris.
- DOG CONTROL OFFICER
- The person authorized by the Town Board to enforce the provisions of this article.
- IDENTIFICATION TAG
- A dog tag issued by the licensing municipality, which will include an identification number together with the name of the municipality, the State of New York and contact information, including the municipality phone number.
- Any person who is a licensed owner of a dog, and any person who keeps, feeds or harbors a dog for over one week. The owner need not be a resident of the Town of Parma, but for a violation to occur, the dog must be in the Town limits of the Town of Parma. Dogs owned by minors shall be deemed to be in the custody and control of the minor's parents or other head of the household where the minor resides.
- RUN AT LARGE
- To be in a public place or on private land without the knowledge, consent, and approval of the owner of such lands.
- SENIOR RESIDENT
- Any resident of the Town age 65 or older.
- The Town of Parma.
All dogs in the Town of Parma must be licensed with the Town Clerk by the age of four months, and owners are required to present:
A current certificate of rabies vaccination or a statement certified by a licensed veterinarian at the time of licensing or the renewal of an existing license that such vaccination would endanger the dog's life, in which case vaccination shall not be required.
A spay or neutering certificate must be provided to obtain the reduced fee offered by the Town of Parma.
The name, sex, actual or approximate age, breed, color and other identification marks of the dog; the name, address, telephone number and e-mail address, if any, of the owner; together with any additional information deemed appropriate by the Town Clerk.
All dog licenses will be valid for a period of one year and shall expire on the last day of the last month of its term.
Upon the first issuance of a dog license, the Town Clerk shall issue an identification number for each such dog and shall provide the owner with an identification tag for each such dog. In the event that an identification tag is lost or stolen, the owner shall notify the Town Clerk. A replacement identification tag shall be issued and payment of a fee by the owner, upon notice to the Town Clerk. The fee for a replacement identification tag shall be set by resolution of the Parma Town Board.
The identification tag issued by the Town Clerk shall be affixed to a collar on the dog at all times, provided that a dog participating in a dog show is exempt from such requirement, during such participation.
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. The fee for this transfer shall be set by resolution of the Parma Town Board.
Exception. When ownership of any dog is transferred to another member of the same household at the same address, no additional fee will be charged during the current licensing year.
Fees for licensing of dogs.
The fee for a spayed or neutered dog will be set by resolution of the Parma Town Board. It will include the assessment of a surcharge of $1 for the purpose of carrying out animal population control per § 110, paragraph 3, of Article 7, Chapter 59, Part T.
The fee for an unspayed or unneutered dog will be set by resolution of the Parma Town Board and shall be at least $5 more than the fee for a spayed or neutered dog. It will include the assessment of a surcharge of $3 for the purpose of carrying out animal population control per § 110, paragraph 3, of Article 7, Chapter 59, Part T.
A senior resident reduced fee will be set by resolution of the Parma Town Board. The difference between the fee for a spayed or neutered dog and the fee for an unsprayed or unneutered dog shall be at least $5, and a surcharge of $1 for a spayed or neutered dog or a surcharge of $3 for an unspayed or unneutered dog shall be charged for the purpose of carrying out animal population control per § 110, paragraph 3, of Article 7, Chapter 59, Part T.
Enumeration fee. When the Town Board determines the need for a dog enumeration, a fee of $5 will be assessed to all dogs found unlicensed or renewed at the time the enumeration is conducted.
There will be no charge for the local fees for this license. The surcharge of $1 for a spayed or neutered dog or a surcharge of $3 for an unspayed or unneutered dog shall be charged for the purpose of carrying out animal population control per § 110, paragraph 3, of Article 7, Chapter 59, Part T.
The Town of Parma does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Town Clerk of the Town of Parma for the purchase of the license for adoption purposes.
All dog licenses may be purchased through the Town Clerk's office or by regular mail. If licensing or renewing a license by mail, the appropriate fee must accompany the forms (valid proof of rabies vaccination and certificate of spay or neutering). There will be no refund of fees.
All fees will be used in funding the administration of the Dog Control Ordinance of the Town of Parma.
A current fee schedule is available at the office of the Town Clerk.
In the case of a dog's death, the owner of record shall so notify the Clerk, either prior to the renewal of license or upon the time of such renewal.
It shall be unlawful for the owner of a dog to permit or allow such dog while in the Town of Parma to:
Run at large unless said dog is restrained by adequate collar and leash, or is on said owner's premises or is upon the premises of another with the knowledge, consent and approval of the owner of such premises, in writing. For the purpose of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by its owner.
Make noise that is continuously disturbing the comfort and repose of any person in the vicinity and exceeds 15 minutes.
Cause damage or destruction to property or other animals or commit a nuisance upon the premises of a person other than the owner of such dog.
Chase or otherwise harass any person where he may lawfully be in such a manner as to intimidate such a person or to put such person in reasonable apprehension of bodily harm or injury.
Habitually chase or bark at moving vehicles.
Run at large with a pack of other dogs or chase deer, cats or other domestic animals.
Become a vicious dog or a danger to persons in the Town of Parma.
It shall be unlawful for the owner of any female dog to permit such dog to run at large when in heat, and such dog shall be confined within a building or kennel on the premises of such owner during such period.
This article shall be enforced by the Dog Control Officer, Deputy Dog Control Officer or by any other law enforcement officer or agency designated by the Town Board. The Dog Control Officer shall be authorized to issue appearance tickets, pursuant to Article 150 of the Criminal Procedure Law, and to draw an information and obtain supporting affidavits for submission to the Town Justice Court.
Any person who observes a dog in violation of this article may file a complaint under oath with the Town of Parma specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of such dog. Such complaint may serve as a basis for enforcing the provisions of this article.
Any dog whose owner violates § 9-6 or 9-7 or does not have a license may be impounded and taken to such place of detention and shall there be properly fed and cared for at the expense of the Town until disposition thereof shall have been made in accordance with the provisions of this article. In addition, where an owner is found to be in violation of § 9-6 or 9-7, the dog involved may be ordered securely confined or destroyed, in the discretion of the court.
In the event that the dog seized bears a license tag, the authorized person seizing the dog shall, within three days thereafter, ascertain the name of the owner and give the owner immediate notice by serving upon the owner an instrument, in writing, stating that the dog has been seized, indicating when, where and why the dog was seized and stating that the dog will be disposed of unless redeemed or unless a trial is demanded within 12 days of the impounding of the dog.
In the event that the dog seized does not bear a license tag or is not claimed, the Dog Control Officer or other law enforcement officer shall be authorized to destroy the dog three days after impounding or to dispose of the dog by sale or other means unless the owner redeems the dog, if permitted, or unless a trial is demanded by the owner within three days of seizure.
If the dog is to be redeemed, the owner shall pay the Dog Control Officer or a person so designated by the Town Board a fee as set by the Town Board, plus the charge for the care of the dog while impounded and euthanization, if applicable. This daily charge is to be set by the Town Board from time to time by resolution.
In the event that the owner of the dog desires a trial, he shall post bail as set by the Town Board, pay for the care of the dog while impounded and demand, in writing, a trial. The Dog Control Officer or other law enforcement officer shall immediately proceed to file an information with a Town Justice so that the matter will appear on the docket of the Town Justice as soon as possible. The rules of procedure and as to proof applicable in criminal actions shall apply.
If an impounded dog is not redeemed or a trial is not demanded within the time hereinbefore set forth, the owner shall forfeit title to the dog, and it may thereafter be sold by the Town or destroyed by the appropriate official as hereinafter provided.
In the event that it is decided to destroy a dog, the Dog Control Officer or other law enforcement officer is authorized to arrange, through a veterinarian, for the destruction of the dog, cause the carcass to be disposed of and make a report, in writing, of such destruction to the Town Clerk. The Town Clerk shall keep a record of the destruction for one year. Said authorized personnel also shall have the authority to place dogs with the Monroe County Humane Society.
Any person who violates any provision of this article shall be guilty of a violation and shall be subject to community service, a fine of not less than $250 and no more than $1,000, and/or a sentence of imprisonment not to exceed 15 days pursuant to Penal Law § 55.10(3)(a) and § 70.15(4), for each violation. The amount of these fines may be changed by resolution of the Parma Town Board. The Town may also seek injunctive relief to prevent the continued violation of the law.
Notwithstanding Subsection A, the fine for an unlicensed dog shall be $50 for each unlicensed dog.
The owner of any dog destroyed under the provisions of this article shall not be entitled to any compensation, and no action shall be maintainable thereafter to recover the value of the dog.
Each separate provision of this article shall be deemed independent of all other provisions herein and if any provisions shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable.
This article shall supersede all prior local laws, ordinances, rules and regulations relative to the control of dogs within the Town of Parma, and they shall be, upon the effectiveness of this article, null and void.
This article shall be effective January 1, 2011, after filing with the Secretary of State for the State of New York.