[HISTORY: Adopted by the Town Board of the
Town of Conesus as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Fees — See Ch. 82.
[Adopted 8-20-1979 by L.L. No. 2-1979; amended in its entirety 12-7-2010 by L.L. No.
1-2010]
The title of this article shall be "Dog Licensing of the Town
of Conesus, County of Livingston."
This article is enacted pursuant to the provisions of (Chapter 59, Part T, of the Laws of NYS 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 Conesus, County of Livingston,
hereby finds and declares that the purpose of this article is to provide
for the licensing and identification of dogs.
All terms not specifically defined herein shall have the meaning
assigned to such terms within § 108 of the Agriculture and
Markets Law of the State of New York. As used in this chapter, the
following terms shall have the meanings indicated:
The delivery to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog seized or surrendered,
from an animal shelter.
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this chapter, as amended by
this chapter, and as thereafter amended.
Any individual appointed by the Town Board to assist in the
enforcement of this article.
The Town Clerk, or Deputy Town Clerk, of the Town of Conesus,
by whom licenses are to be validated or issued.
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 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 during the period
such dog is being trained or bred for such purpose.
To provide food or shelter to any dog.
A dog barking, whining, etc., for repeated intervals of at
least 10 minutes with less than two minutes of interruption, which
can be heard by any person, including a law enforcement officer or
dog control officer, from a location outside of the owner’s
or caretaker’s premises.[1]
Any dog that is trained to aid a person with a hearing impairment
and that 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 training.
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.
Any person who harbors or keeps any dog.
The person in whose name a dog was last licensed pursuant
to this chapter.
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
Any person with a disability as that term is defined in Subdivision
21 of § 292 of the New York State Executive Law.[2]
Any dog owned or harbored by any municipal police department
or any state or federal law enforcement agency, which dog has been
trained to aid law enforcement officers and is actually being used
for police work purposes.
(A person) An individual who maintains a residence within
the Town of Conesus, County of Livingston, State of New York.
To be in a public place or on private land without the knowledge,
consent, and approval of the owner of such lands.
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 that 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.
The Town of Conesus, County of Livingston, State of New York.
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 that is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
A.
No person shall own or possess a dog within the Town unless such
dog is licensed and identified as provided in Article 7 of the Agriculture
and Markets Law and laws of the Town.
B.
All dogs within the Town that are four months of age or older, unless
otherwise exempted, shall be licensed. No license shall be required
for any dog which is under the age of four months and which is not
at large.
C.
The owner of each dog required to be licensed shall obtain, complete
and return to the Town Clerk of the Town a dog license application
together with the license application fee, any applicable license
surcharges and such additional fees as may be established by the Town.
The Town 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 or city in which the dog will be harbored for licensing.
Any dog harbored within the Town which is owned by a resident
of New York City or 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 licensing and identification provisions of this article.
Each license application shall be accompanied by proof that
the dog has been vaccinated against rabies or a statement from a licensed
veterinarian that such vaccination would endanger the dog's life
in which case vaccination shall not be required.
In the case of a spayed or neutered dog, every application shall
also be accompanied by a certificate signed by a licensed veterinarian
showing that the dog has been spayed or neutered, provided that such
certificate shall not be required if the same is already on file with
the Clerk's office.
Each license issued pursuant to this article shall be valid
for a period of one year and shall expire on the last day of the last
month of the period for which it was issued. No license 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.
A.
The fee for a dog license issued pursuant to the provisions set forth
in this article shall be established by Town Board resolution and
set forth in the Town Fee Schedule[1]. NYS law mandates that the Town must charge at least $5
more for an individual dog license for an unspayed or unneutered dog
than the fee for a spayed or neutered dog.
B.
State mandated animal population control surcharge. In addition to the license fee established in Subsection A above, each applicant for a dog license shall pay a surcharge of at least $1 for each spayed or neutered dog, or a surcharge of at least $3 for each unspayed or unneutered dog, as set forth by Town Board resolution. The amounts collected through this surcharge shall be used for the purposes of carrying out animal population control efforts.
C.
Dog enumeration surcharge. Each dog found to be unlicensed during
a Town dog enumeration shall be subject to a surcharge fee as set
forth on the Town of Conesus Fee Schedule payable at the time of the
application is filed to license said dog.
D.
Optional replacement tag fee. A replacement tag fee surcharge shall
be charged to offset the costs associated with the provision and replacement
of identification tags.
E.
F.
Penalty for late renewals. Any person failing to renew a license
within 30 days of the annual renewal date shall be assessed a late
renewal charge as set forth in the Town of Conesus Schedule of Fees.
A.
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.
B.
Change of ownership, lost or stolen dogs.
(1)
Upon the transfer of ownership of any dog within the Town of Conesus,
the new owner shall immediately make application for a license for
such dog. The original issued identification tag shall remain the
same for the life of the dog, provided said tag is not lost or stolen
and that said dog is continually harbored within the Town of Conesus.
(2)
In the event of a change in ownership of any dog which has been assigned
an official identification number or in the event of a change of address
of the owner of record of any such dog, the owner of record shall,
within 10 days of such change, notify the Town Clerk.
(3)
If any dog which has been assigned an official identification number
is lost or stolen, the owner of record shall, within 10 days of the
discovery of such loss or theft, notify the Town Clerk.
(4)
In the case of a dog's death, the owner of record shall so notify
the Town Clerk either prior to renewal of license or upon the time
of such renewal.
C.
Identification tag.
(1)
The Town Clerk shall assign a Town permanent official 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.
(2)
An identification tag is not required to be worn while the dog is
participating in a dog show.
(3)
The official permanent identification number shall constitute the
official identification of the dog to which it is assigned, regardless
of changes of ownership within the Town, and the number shall not
be reassigned to any other dog during the lifetime of the dog to which
it is assigned. In the event the original tag is lost or stolen, a
new identification number will be assigned to said dog.
(4)
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.
(5)
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no additional charge. Any replacement
tag shall be obtained by the owner at the owner's expense. Any
person wishing to replace a tag previously issued shall pay the sum
as set forth in the Town of Conesus Fee Schedule[1] to the Town Clerk for a replacement tag.
There will not be distinct purebred licenses as previously provided
for by the state. Any and all existing purebred licenses shall now
be required to comply with the requirements set forth in the dog licensing
requirements and procedures of this article.
Any person convicted of a violation of this article shall be
liable for a civil penalty of not less than $75 for a first violation;
not less than $125 for a second violation; and not less than $175
for each subsequent violation.
This article shall supersede all prior inconsistent local laws,
ordinances, rules and regulations relative to the licensing of dogs
within the Town. All prior inconsistent local laws, ordinances, rules
and regulations shall be, upon the effectiveness of this article,
null and void.
The provisions of this article are declared to be severable,
and if any section, subsection, sentence, clause or part thereof is,
for any reason, held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of any remaining sections, subsections, sentences, clauses or part
of this article.
This article shall be effective January 1, 2011, after filing
with the Secretary of State.
[Adopted 9-5-2000 by L.L. No. 1-2000]
The Town of Conesus in the County of Livingston,
State of New York, finds that the running at large and other uncontrolled
behavior of dogs has caused annoyance to persons, damage to property
and created nuisances within the Town. The purpose of this article
is to protect the health, safety and well-being of persons and property
by imposing restrictions and regulations upon the keeping of dogs
and the seizure thereof within the Town.
This article is enacted pursuant to the provisions
of § 122 of Article 7 of the Agriculture and Markets Law.[1]
The title of this article shall be "Dog Control
Ordinance of the Town of Conesus."
As used in this article, the following terms
shall have the meanings indicated:
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
Accompanied by and under the immediate supervision
and control of the owner or other responsible person;
A police work dog in use for police work;
Accompanied by its owner or other responsible
person and is actively engaged in hunting on unposted land or on posted
land with the permission of the owner of the land;
Is actively engaged as a livestock protection
dog or a herd dog and is in the company of its designated livestock
on lands owned or leased by the owner of the dog.
Includes any dog of either sex and of any age unless otherwise
indicated herein.
To provide food or shelter to any dog.
Any person who harbors or keeps any dog. In the event any
dog found in violation of this article shall be owned by a person
under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person (or the head of household in which said
person resides).
It shall be unlawful for any owner of any dog
to permit or allow such dog, in the Town of Conesus, to:
A.
Be at large.
B.
Cause damage or destruction to property or commit
a nuisance upon the premises of any person.
C.
Habitually chase motor vehicles, bicycles, horseback
riders, pedestrians or persons moving by human- or animal-powered
devices, such as skateboards, roller blades, carriages, sleds, wagons,
or skis.
D.
Kill or injure any person or domestic animal.
E.
Engaging in loud howling or habitual barking or conducting
itself in such a manner as to disturb the peace.
This article shall be enforced by any Dog Control
Officer or law enforcement officer.
A.
Any dog found in violation of the provisions of § 52-20 of this article may be seized pursuant to the provisions of § 117 of the Agriculture and Markets Law.
B.
Every dog seized shall be properly cared for, sheltered,
fed and watered for the redemption period set forth in § 117
of the Agriculture and Markets Law.
C.
Seized dogs may be redeemed by producing proof of
licensing and identification pursuant to Article 7 of the Agriculture
and Markets Law and by paying the redemption fees as set forth by
the Livingston County Department of Health Dog Control.
D.
Any dog unredeemed at the expiration of the appropriate
redemption period shall be made available for adoption or euthanized
pursuant to the provisions of § 117 of the Agriculture and
Markets Law.
Any Dog Control Officer or law enforcement officer
in the employ or under contract to the Town of Conesus shall issue
an appearance ticket for violation of this article.
[Amended 2-18-2003 by L.L. No. 2-2003]
Any person convicted of a violation of this
article shall be deemed to have committed a violation and shall be
subject to a fine not exceeding $500 or imprisonment for a period
not exceeding 15 days.
A.
In the event an owner wishes to surrender an unwanted
dog to the Town shelter, such person must execute a consent form prescribed
by the Town, allowing the Dog Control Officer to dispose of the dog
immediately by either adoption or euthanasia at the discretion of
the officer and absolve the Town, forever, of liability in connection
with said dog.
C.
This service may be discontinued at any time, by order
of the Dog Control Officer, if overcrowding or any other condition
at the shelter would create a situation whereby dogs could not be
properly sheltered and cared for.
