[HISTORY: Adopted by the Town Board of the Town of Johnstown as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-6-1968]
No person shall permit any dog to be at large on any highway or public place in the Town of Johnstown if such dog is ferocious, vicious or habitually attacks, injures or damages persons, domestic animals, domestic pets or property.
[Amended 8-20-2001 by L.L. No. 2-2001]
No owner or person having the custody of a female dog shall permit said dog, while she is in season, either licensed or unlicensed, to run at large in the Town of Johnstown.
[Amended 3-21-1983 by L.L. No. 1-1983]
Any peace officer, dog control officer or humane society officer finding any female dog in season running at large, whether licensed or unlicensed, shall take such dog into custody and shall turn the dog over to the humane society to provide food and shelter for such dog pending action against the owner or person having the custody thereof as herein provided.
[Amended 8-20-2001 by L.L. No. 2-2001]
No person being the owner of any dog or having the custody or control of any dog shall permit such dog to commit any nuisance within the town or cause damage to the property of others. The following acts are declared to be public nuisances and are set forth herein for explanatory purposes only and are not to be considered as excluding other types of nuisances:
A. 
To habitually engage in loud howling or barking in such a manner as to habitually annoy any person and/or cause a disturbance particularly during normal sleeping hours. Barking at an intrusion or disturbance shall not constitute a violation of this section.
B. 
To habitually chase and/or jump on automobiles, bicycles, moving vehicles or persons on foot on any highway or public place.
C. 
To act in a manner which causes a person, who is peaceably conducting himself in any place where he may lawfully be, to be placed in reasonable apprehension of bodily harm, together with apparent ability of the dog to inflict such harm.
D. 
To be found upon the school yard of any of the schools of the town during the time of year when said schools are open, between 30 minutes prior to the beginning of the school day and 30 minutes after the end of the school day.
E. 
To cause any damage to any property or deface any property; for the purposes of this chapter, it shall be considered damage to property for a dog to dig holes thereon or to deposit his waste eliminations thereon, although such damage is set out herein for explanatory purposes only and it is not to be considered as excluding other types of damage from the purview hereof.
F. 
To run together in a pack or to in any way form a pack. For the purpose of this chapter, the word "pack" is hereby defined to mean three or more dogs.
[Added 8-20-2001 by L.L. No. 2-2001]
Any person who observes a dog in violation of the Town Code may file a complaint, under oath or affirmation, with the Dog Control Officer, or Constable, specifying the nature of the violation, the date and time thereof, a complete description of the dog, i.e., breed, approximate size, color, markings, distinguishing characteristics, and the name and address, if known, of the owner of the dog. Such complaint may serve as a basis for enforcing the Town Code, except that two complaints, originating from separate households, shall be required as a basis for enforcing the provisions of § 21-4A.
[Added 3-21-1983 by L.L. No. 1-1983; Amended 8-20-2001 by L.L. No. 2-2001]
Any person who violates any portion of this Article shall be guilty of a violation punishable by a fine not to exceed $25 for the first offense and by a fine not to exceed $50 for a second or subsequent offense.
[Adopted 12-20-2010 by L.L. No. 3-2010[1]]
[1]
Editor's Note: This local law also repealed former Art. II, Local License Fees, adopted 12-21-1987 by L.L. No. 4-1987, as amended.
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 meanings indicated:
AGRICULTURE AND MARKETS LAW
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.
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.
OWNER
Any person who harbors or keeps any dog or other animal.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant to this chapter.
PERSON
A person, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.
RESIDENT
A person who maintains a residence within the Town of Johnston, County of Fulton, State of New York.
RUN AT LARGE
To be in a public place or on a private land without the knowledge, consent and approval of the owner of such lands.
TOWN
The Town of Johnstown, County of Fulton, State of New York.
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.
D. 
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.
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 or to the Town Clerk of the Town where the shelter is located for the purchase of the license for adoption purposes.
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.
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 eleventh month following the expiration date of the current rabies certificate for the dog being licensed.
A. 
Individual dog license fee:
(1) 
For a spayed or neutered dog: $5.
(2) 
For an unspayed or unneutered dog: $10.
B. 
State-mandated animal control surcharge:
(1) 
Each individual dog license for a spayed or neutered dog shall be subject to an animal population control surcharge in the amount of $1, payable at the time the dog license application is filed.
(2) 
Each individual dog license for an unspayed or unneutered dog shall be subject to an animal population control surcharge in the amount of $3, payable at the time the dog license application is filed.
C. 
Dog enumeration surcharge:
(1) 
Each dog found to be unlicensed during a Town dog enumeration shall be subject to a dog enumeration surcharge of $20, payable at the time the application is filed to license said dog.
D. 
Replacement tag fee:
(1) 
A replacement tag fee of $1 shall be charged to offset the costs associated with the provision and replacement of identification tags.
E. 
Fee exemptions:
(1) 
There shall be no fee for any license issued for the following:
(a) 
Guide dog.
(b) 
Hearing dog.
(c) 
Service dog.
(d) 
War dog.
(e) 
Working search dog.
(f) 
Detection dog.
(g) 
Police work dog.
(h) 
Therapy dog.
(2) 
Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog," as may be appropriate, by the Clerk.
A. 
Upon validation by the Town Clerk of the Town, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk of the Town. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereof.
B. 
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.
C. 
Change of ownership; lost or stolen dogs.
(1) 
Upon the transfer of ownership of any dog, 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.
(2) 
In the event of a change in ownership of any dog that 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.
D. 
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, and the number shall not be reassigned to any other dog during the lifetime of the dog to which it is assigned.
(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 of $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 will now be required to comply with this article.
Any person convicted of a violation of this article shall be liable for a civil penalty of $25 for a first violation; $50 for a second violation; and $75 for each subsequent violation.