[HISTORY: Adopted by the Town Board of the Town of Dayton 11-9-2010 by L.L. No. 3-2010. Amendments noted where applicable.]
This chapter shall be known as the "Town of Dayton Dog Control Law."
The Town of Dayton finds that the running at large, unleashed and other uncontrolled behavior of dogs has caused physical harm to persons, damage to property and created nuisances within the Town of Dayton. The purpose of this chapter shall be to preserve the health, safety, and well-being of all persons and property, and contribute to the preservation of the public peace, welfare and good order in the Town of Dayton. This chapter shall provide for the licensing, identification, control and protection of the dog population and the protection of persons, property, domestic animals, and deer from dog attack and damage; it provides for the enforcing of certain regulations and restrictions on the activities of dogs, which becomes effective January 1, 2011, and the rights and privileges of the owners of dogs as well as other citizens in the Town of Dayton.
This chapter is enacted pursuant and consistent with the provisions of Article 7, §§ 122.1 and 122.2(a), (b), (c), of the New York State Agriculture and Markets Law, titled "Licensing, Identification and Control of Dogs," effective January 1, 2011. This chapter shall:
Apply to all areas of the Town of Dayton;
If any dog owned by a nonresident of this state is harbored within this state, such dog shall be exempt from the identification and licensing provisions for a period of 30 days, provided such dog is licensed pursuant to the provisions of law of the area of residence;
Not apply to any dog confined to premises of any public or private hospital dedicated to the treatment of sick animals, or confined to the premises of any college or other educational research institution for the purposes of research;
Not apply to any dog confined to the premises of any person, firm, or corporation actively engaged in the business of breeding or raising dogs for profit and licensed as a Class A dealer under the Federal Laboratory Animal Welfare Act;
Control dangerous dogs in a no less stringent manner than is defined in Article 7 of the New York State Agriculture and Markets Law, and any other subsequent amendments to same.
As used in this chapter, the following terms shall have the meanings indicated:
- The delivery to any person 18 years of age or older, for the purpose of harboring any dog seized or surrendered.
- AT LARGE
- 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:
- A. Accompanied by and under the immediate supervision and control of the owner or other responsible person;
- B. A police work dog in use for police work; or
- C. Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.
- J.  and causes physical injury or death, or behaves in a manner which a reasonable person would believe poses an unjustified imminent threat of serious physical harm, injury or death to one or more persons, companion animals, farm animals or domestic animals, or without justification attacks a service dog, guide dog, or hearing dog and causes physical injury or death.
- The Town Clerk of the Town of Dayton where licenses are validated or issued.
- The state commissioner of New York State Agriculture and Markets.
- Any member of the canis familiaris species.
- DOG CONTROL OFFICER
- Any individual appointed by the Board of the Town of Dayton or any authorized agent, officer, or employee of an incorporated humane society, or similar incorporated dog protective association under contract with the Town of Dayton to assist in the enforcement of this chapter.
- DOMESTIC ANIMAL
- Any domesticated sheep, horse, cattle, fallow, red, silka and/or whitetail deer which are raised under license from state DEC (Department of Environmental Conservation), llama, goat, swine, fowl, duck, goose, swan, turkey, confined hare or rabbit, pheasant or other bird/fowl raised in confinement under license from state DEC before release from captivity, except fowl commonly used for cock fights shall not be considered domestic animals.
- To bring about death by a humane method.
- To provide food and/or shelter to any dog.
- IDENTIFICATION TAG
- A tag issued by the Town Clerk of the Town of Dayton which sets an identification number, name and telephone number of Town of Dayton, State of New York, and any such contact information as the Town deems necessary.
- Town of Dayton or any county, town, city or village.
- Any person who harbors or keeps any dog.
- OWNER OF RECORD
- The person whose name any dog was last licensed. If any dog found in violation of this chapter is owned by a person less than 18 years of age, the parent or guardian of such person (or head of the household in which the person resides) shall be deemed to be the owner of record or responsible party.
- Any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity.
- PERSON WITH A DISABILITY
- Any person with a disability as defined in § 292, Subdivision 21, of the Executive Law.
- PHYSICAL INJURY
- Impairment of physical condition or substantial pain.
- RECOGNIZED REGISTRY ASSOCIATION
- A registry association that issues numbered registration certificates and keeps such records as may be required by the Commissioner.
- SERIOUS PHYSICAL INJURY
- Physical injury which creates a substantial risk of death, or which causes death or serious or protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
Editor's Note: See Section 350 of the Agriculture and Markets Law of New York State.
Pursuant to the provisions of this chapter and/or the provisions of New York Agriculture and Markets Law Article 7:
It shall be unlawful for any owner of any dog to permit or allow such dog in the Town of Dayton to:
Be at large; unleashed, unsupervised or uncontrolled at any time.
Engage in habitual loud howling, barking, crying, or whining or to conduct itself in such a manner so as to unreasonably and habitually annoy any person.
Cause damage or destruction to property, or commit a nuisance by defecating or urinating upon the premises of persons other than those of the owner of such dog.
Actively chase, harass or behave in a menacing or intimidating manner which would cause reasonable apprehension of injury or bodily harm to any person.
Habitually chase, bark, or run alongside of bicycles or motor vehicles.
Be unlicensed. Mandatory age is four months old and have a valid rabies vaccination.
Suffer or permit any dog to attack any person and/or animal peacefully conducting himself in any place where such persons and/or animals may lawfully be.
Be kept or suffer to be kept any dog which maims, attacks or kills another dog, cat or farm animal.
It shall be unlawful for:
Any owner to fail to license any dog.
Any owner to fail to have any dog identified as required by this chapter.
Any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs or purebred license tag.
Any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this chapter.
Any person to furnish false or misleading information on any form required to be filed with the Town of Dayton pursuant to the provisions of this chapter or rules and regulations promulgated pursuant thereto.
Any owner of a dog to fail to notify the Town of Dayton in which the dog is licensed of any change in ownership, residence address or death.
It shall be the duty of the Dog Control Officer of the Town of Dayton to bring action against any person who commits any violation set forth in this chapter of the Town of Dayton either by prosecution under penal law or to commence an action to recover a civil penalty in accordance with Article 7 of the Agriculture and Markets Law, effective January 1, 2011.
Application for a dog license shall be made immediately to the Town Clerk of the Town of Dayton by an owner of any dog reaching four months of age. No license shall be required for any dog under four months of age and which is not at large, or is residing in a pound or shelter maintained by contract or agreement with the state, county, or Town; or a duly incorporated society for the prevention of cruelty to animals, humane society; or dog protective association; or is otherwise exempted.
Each license application shall state the sex, actual or approximate age, breed, color and municipal identification number and any other identification marks, if any, and include the name, address, telephone number, county, town, city or village of the owner's residence.
Each application must be completed, accompanied with proof that the dog has been vaccinated against rabies (a rabies certificate), or a statement from a licensed veterinarian that such vaccination would endanger the dog's life, the license fee prescribed in § 67-15 of this chapter, and returned to the Town Clerk of the Town of Dayton.
Every application for license of a spayed or neutered dog must include a certificate by a licensed veterinarian or an owner-signed affidavit indicating the dog has been spayed or neutered. This shall not be required if a certificate is already on file with the Town of Dayton Town Clerk or Dog Control Officer or, in lieu of the spay or neuter certificate, a licensed veterinarian statement of examination found that due to old age or other reason, the life of the dog would be endangered by spaying or neutering.
Upon validation by the Town Clerk of Town of Dayton the application shall become a license.
A license shall be issued or renewed for one year except 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.
All licenses shall expire on the last day of the last month of the period for which they are issued and shall not be transferable.
The Town Clerk of Town of Dayton shall provide a copy of the license to the owner; retain a record of the license that shall be made available upon request of the Commissioner for purposes of rabies and other animal disease control efforts or actions.
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.
Each dog licensed shall be assigned, at the time the dog is first licensed, a Town of Dayton identification number. Such identification number shall be carried by the dog on an identification tag which shall be affixed to a collar on 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 that number has been assigned.
In the event of a death or change of ownership and/or address of the owner of record of any dog or if any dog is lost or stolen which has been licensed in accordance with this chapter, the owner of record shall, within 10 days of such change, file with the Town Clerk of the Town of Dayton a written report of such change. The owner of record shall be liable for any violation of this chapter until change of ownership or address of the owner of record is filed, or the dog is licensed in the name of the new owner. In the case of loss or theft, the owner or record of any such dog shall not be liable for any violation of this chapter committed after such report is filed.
The Town of Dayton shall appoint a Dog Control Officer or officers as needed pursuant to the appropriate statutes of the State of New York, or may contract for dog control services with another municipality or with an incorporated humane society or dog protective organization. In the event of such contracted relationship, the employees or agents of such organization shall have the authority of the Town's Dog Control Officer as set forth in this chapter.
It shall be the duty of such Dog Control Officer or officers of the Town of Dayton to enforce the appropriate provisions of the Agriculture and Markets Law with respect to dogs in the Town of Dayton, and to enforce this chapter.
The Dog Control Officer or officers of the Town of Dayton shall seize any dog which is found to be in violation of any portion of this chapter as well as any dog or dogs otherwise required to be seized under and by the virtue of the Agriculture and Market Law of the State of New York.
The Dog Control Officer or officers shall be empowered to issue appearance tickets, to serve summons and to serve and execute any other order or process in the execution of the provisions of this chapter pursuant to § 113.3 of the Agriculture and Markets Law and § 150.20 of the Criminal Procedure Law.
Pursuant to Article 7, § 114, of the Agriculture and Markets Law, the Town of Dayton Board may, by resolution of said Board, contract for shelter services with any other municipality or with an incorporated humane society or similar incorporated dog protective association, or shall establish and maintain, jointly or with one or more municipalities, a pound or shelter.
Any dog found in violation of the provisions of § 67-5 of this chapter may be seized pursuant to the provisions of Article 7, § 117, of the Agriculture and Markets Law, effective January 1, 2011.
The Town Board of the Town of Dayton in accordance with the authorization set forth in the Agriculture and Markets Law, Article 7, § 117.4, establishes the redemption period for unidentified dogs seized to be three days from the day seized during which period the dog may be redeemed by its owner, provided that owner produces proof that dog has been licensed, and identified pursuant to this chapter and the owner pays the impoundment fees.
The Dog Control Officer shall notify owner of record of any identified dog seized either in person or by certified mail, return receipt requested, in accordance with the provisions of Agriculture and Markets Law, Article 7, § 117.6. Where the owner is identified and notified personally, or notified by certified mail, identified dogs shall be held for seven days after the date of personal notice or after mailing of notice by certified mail, during which time the dog may be redeemed by the owner.
Seized dogs may be redeemed by producing proof of licensing and identification pursuant to the provisions of Article 7 of the Agriculture and Markets Law and by paying the impoundment fees set forth in this chapter effective January 1, 2011.
Every dog seized shall be properly cared for, sheltered, fed and watered at the expense of the Town of Dayton for the redemption periods set forth in this chapter pursuant to Article 7, § 117, of the Agriculture and Markets Law.
The Town of Dayton sets the impoundment fees as follows:
$10 for the first 24 hours or part thereof, and $10 for each additional 24 hours or part thereof, for the first impoundment of any dog owned by that person;
$20 for the first 24 hours or part thereof, and $10 for each additional 24 hours or part thereof, for the second impoundment within one year of the first impoundment, of any dogs owned by that person;
$30 for the first 24 hours or part thereof, and $10 for each additional 24 hours of part thereof, for the third and subsequent impoundments, within one year of the first impoundment, of any dogs owned by that person.
If the owner of any unredeemable dog is known or becomes known, such owner shall be required to pay the impoundment fees set forth in this chapter, whether or not such owner chooses to redeem his or her dog, and will also be required to reimburse the Town for any cost of euthanizing said dog.
The owner of any dog not redeemed at the expiration of the appropriate redemption period shall forfeit title to the dog and the dog shall be made available for adoption or euthanized pursuant to the provisions Article 7, § 117, Subsections 6, 8 and 9, of the Agriculture and Markets Law and § 67-7 of this chapter. The Town of Dayton Town Clerk must receive a written report of the disposition and/or destruction of any dog seized and a record shall be filed and kept.
No liability in damages or otherwise shall be incurred on account of the seizure, euthanization or adoption of any dog pursuant to the provisions of this chapter.
Any person who observes a dog in violation of this chapter may file a complaint under oath with the Dog Control Officer of the Town of Dayton specifying the nature of the violation, the date thereof, a description of the dog, name and residence of the owner, if known, of such dog. Such complaint may serve as the basis for enforcing the provisions of this chapter or violations of Article 7, § 118, of the Agriculture and Markets Law effective January 1, 2011.
Any Dog Control Officer, peace officer, acting pursuant to his/her special duties, while in the employ of or under contract to the Town of Dayton, or a police officer observing a violation of this chapter in his/her presence, and having reasonable cause to believe that a owner or person has violated this chapter, shall issue and serve upon such person an appearance ticket and information for such violation.
Upon receipt by the Town of Dayton Justice of an appearance ticket with information or complaint regarding the conduct of any particular dog, the alleged owner or other person harboring said dog is required to appear in person before the Town Justice. Disregard for the appearance ticket may result in an order by the Town of Dayton Justice to issue a warrant for the arrest of such person.
Any person harboring a dog for a period of two weeks prior to any violation of this chapter shall be held to be the owner of the said dog.
The term "person" as used in this section shall mean any person who owns, keeps, harbors, or has the care, custody or control of a dog.
Dogs owned by minors shall be deemed to be in the custody and control of the minor's parents, guardians, or head of household where the minor resides.
Owners of dogs that have died, or transferred to a new owner, lost, stolen or have a change of address must notify the Town of Dayton Clerk in writing within 10 days of the occurrence, pursuant to Article 7, § 112, of the Agriculture and Markets Law.
Except as otherwise provided in Article 7, § 118.2, a, b, of the Agriculture and Markets Law, any person convicted of a license violation of this chapter shall be liable to a civil penalty of $25 for a first violation, $50 for a second violation within five years, and $100 for three or more violations within five years or imprisonment for not more than 15 days or both.
Except as otherwise provided in § 119 of the Agriculture and Markets Law, any person violating any other provisions of this chapter shall be punishable, upon conviction, by a fine of no more than $250 or imprisonment for not more than 15 days, or both.
Pursuant to Article 7, § 110(4), of the Agriculture and Markets Law, the Town of Dayton hereby establishes a lost tag fee of $3.50.
The total fee for all spayed or neutered dogs shall be $6 plus $1, New York State surcharge, per annum; the total fee for all unspayed or unneutered dogs shall be $14 plus $3, New York State surcharge per annum.
Dogs as described in Article 7, § 110, Subdivision 3, of the Agriculture and Markets Law, any guide, hearing, service, war, working search, detection, police and therapy dogs, shall be exempted from license fees.
In addition to the license fee imposed by this chapter, each applicant for a dog license shall pay a one-time fee of $8 the first time the dog is licensed with the Town of Dayton, which shall be retained by the Town of Dayton and used to defray the cost of an enumeration of dogs living within the Town of Dayton.
No refunds will be issued for any dog license.
The current fees, charges and fines as established by the Dayton Town Board are subject to change by resolution and a new attachment will be added each time a change is made.
Each separate provision of this chapter shall be deemed independent of all other provisions herein, and if any provision shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable.
This chapter shall supersede all prior local laws, local law, rules and regulations relative to the control of dogs within the Town of Dayton and they shall be null and void, upon the effective date of this chapter.
This chapter shall take effect January 1, 2011.