[HISTORY: Adopted by the Town Board of the Town of Bath as
indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Art.
II, License Fees, adopted 11-9-1981 by L.L. No. 1-1981, as amended.
The Town Board of the Town of Bath finds that uncontrolled behavior
of licensed and unlicensed dogs has caused physical harm to persons
and damage to property and has 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 on the keeping and
running at large of dogs within the Town.
This Article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York.
The title of this article shall be the "Dog Control Law of the
Town of Bath."
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.
A dog control officer on or after January 1, 1980.
The person entitled to claim lawful custody and possession
of a dog and who is responsible for purchasing the license for such
dog, unless the dog is or has been lost and such loss was promptly
reported to the Dog Warden and a reasonable search has been made.
If a dog is not licensed, the term "owner" shall designate and cover
any person or persons, firm, association or corporation who or which,
at any time, owns or has custody or control of, harbors or is otherwise
responsible for any dog which is kept, brought or comes within the
Town. Any person owning or harboring a dog for a period of one week
prior to the filing of any complaint charging violation of this article
shall be held and deemed to be the "owner" of such dog for the purpose
of this article. In the event that the "owner" of any dog found to
be in violation of this article shall be under 18 years of age, the
head of the household in which said minor resides shall be deemed
to have custody and control of said dog and shall be responsible for
any acts of said dog and violations of this article.
The Town of Bath.
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A.
Run at large unless the dog is accompanied by its owner or a responsible
person and under the full control of such person. For the purpose
of this article, a dog or dogs hunting in the company of a hunter
or hunters shall be considered as accompanied by its owner.
B.
Engage in habitual loud howling, barking, crying or whining or conduct
itself in such a manner so as to unreasonably and habitually disturb
the comfort or repose of any person other than the owner of such dog.
C.
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or other property without the consent or approval of the owner
thereof.
D.
Chase, jump upon or at or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury.
E.
Habitually chase, run along side of, bark at or jump on motor vehicles,
motorcycles or bicycles while on a public street, highway or place
or upon private property without the consent or approval of the owner
of such property.
F.
Create a nuisance by defecating, urinating or digging on public property
or on private property without the consent of the owner of such property.
G.
It shall be unlawful for any owner of any dog in the Town to:
[Added 2-8-2016 by L.L.
No. 1-2016]
(1)
If a female dog, when in heat, allow the dog to be off the owner's
premises unrestrained by a leash.
(2)
Fail to have a current license tag on a dog.
(3)
Fail to have a current rabies vaccination for a dog, pursuant to
Title IV of the Public Health Law, "Rabies," § 2141, Compulsory
Vaccination.
(4)
Knowingly affix to any dog any false or improper identification tag,
or special identification tag for identifying guide, service or hearing
dogs.
(5)
Deposit or cause to be deposited any dog feces on public property,
including highway rights-of-way.
A.
All dogs in the Town of Bath must be licensed by the Town Clerk by
the age of four months and are required to present a certificate of
rabies at the time of licensing or the renewal of an existing license.
B.
All dogs must carry an identification tag.
C.
All dog licenses will be for a period of one year and will expire
at the end of the month one year from the date of issue.
D.
Fees for licensing of dogs. The fee for a spayed or neutered dog
will be $8.50 (which will include the assessment of a surcharge of
$1 for the purpose of carrying out animal population control), and
the fee for an unspayed or unneutered dog will be $15.50 (which will
include the assessment of a surcharge of $3, for the purpose of carrying
out animal population control) with such fees being reviewed by the
Town Board periodically, and such fees may be changed by a resolution
of the Town Board if deemed necessary.
E.
The fee for a replacement tag will be $3 per tag.
F.
Enumeration fee. When the Town Board determines the need for a dog
enumeration, a fee of $5 will be assessed to owners of all dogs found
to be unrenewed or unlicensed at the time of the enumeration.
G.
The Town of Bath will issue purebred licenses with a fee of $30,
plus $3 for each unspayed/unneutered dog and $1 for each spayed or
neutered dog to be assessed for the purpose of carrying out animal
population control, for up to 10 dogs; $60 for 11 to 25 dogs, plus
$3 for each unspayed/unneutered dog and $1 for each spayed/neutered
dog; and $100 for 26 or more dogs with the fee of $3 fee for each
unspayed/unneutered dog and $1 for each spayed/neutered dog.
H.
Service dogs. The Town of Bath will require a license for all guide
dogs, service dogs, hearing dogs, therapy dogs and detection dogs,
but at no charge.
I.
The Town of Bath does not allow the licensing of dogs by an animal
shelter. The shelter must send the adoptive dog owner to the Clerk
of the town or city in which the dog will be harbored for licensing
or to the Town Clerk of the Town of Bath, where the shelter is located,
for the purchase of a license.
J.
All dog licenses may be purchased by visiting the Town offices or
by regular mail. If licensing or renewing by mail, the appropriate
fee must accompany the forms. There will be no refund for fees.
The dog warden or any peace officer shall seize any unlicensed
dog, whether on or off the owner's premises and any dog not wearing
a tag and not identified and which is not on the owners' premises.
Such dog shall be kept and disposed of in accordance with the provisions
of Article 7 of the Agriculture and Markets Law. The dog warden or
peace officer may also investigate and report to a Town Justice of
the Town any dangerous dog, as described by Article 7 of the Agriculture
and Markets Law, and see that the order of the Town Justice in such
case is carried out.
A.
Fees for seizure of clogs. The fee for seizure and impoundment of
dogs in violation of this article or the laws of the New York State
Department of Agriculture and Markets Law are as follows:
B.
The dog warden or peace officer having reasonable cause to believe
that a person has violated this article shall issue and serve upon
such person an appearance ticket for such violation.
C.
Any person who observes a dog in violation of this article may file
a complaint, under oath, with a Town Justice of the Town, 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 the basis for enforcing the provisions
of this article.
D.
Any person convicted of a violation of any provision of this article
shall be liable for a civil penalty of up to $50 and/or 15 days in
jail for the first violation; of up to $75 and/or 15 days in jail
for the second violation; and up to $100 and/or 15 days in jail for
each subsequent violation.
[Amended 2-8-2016 by L.L.
No. 1-2016]
This article shall take effect immediately upon filing-with
the New York State Secretary of State.
[Adopted 3-11-2024 by L.L. No. 2-2024]
The Town Board of the Town of Bath finds that rabies is a highly
virulent and almost uniformly fatal disease for which there is no
known cure other than prevention. The disease is endemic to the wild
mammal population from which it can be readily transmitted to domestic
dogs for consequent hazards of exposure to this disease to persons
in this Town. To protect such persons, the Town Board has enacted
this article.
As used and intended in this article and for the purposes hereof,
unless the context otherwise indicates, the following terms shall
have the meanings indicated:
That such animal is securely confined or restrained and kept
on the owner's premises either within a building, kennel or other
suitable enclosure or securely fastened on a chain, wire or other
effective tether of such length or so arranged that the animal cannot
reach or endanger any person or any adjacent premises or on any public
street, way or place or, if the animal is being transported by the
owner, that it is securely confined in a cage or other container or
so restrained in a vehicle that it cannot escape therefrom.
Includes both male and female dogs.
A dog control officer, as defined in § 113 of the
New York State Agriculture and Markets Law, who is responsible for
enforcing Town laws enacted concerning dogs and other animals.
Includes any person or persons, firms, association or corporation
who or which, at any time, owns or has custody and control of, or
harbors, or is otherwise responsible for any dog which is kept, brought
or comes within the corporate limits of the Town of Bath.
No owner of a dog shall keep or possess a dog within the geographic
limits of the Town of Bath unless such animal has been vaccinated
for rabies.
Every owner of a dog shall immediately report to the Dog Control
Officer every case where a person has been bitten by a dog.
Every owner failing to confine a dog after being directed to
do so by the Health Officer and/or Dog Control Officer shall be guilty
of violating the provisions of this article.
Every dog having rabies, or suspected of being infected with
rabies, shall be reported immediately to the Dog Control Officer or
Health Officer, and the owner shall promptly comply with any and all
directions the Dog Control Officer and/or Health Officer shall give
with reference to the observation of such animal or the continued
confinement, immunization or other disposition to be made of such
animal as provided by law.
The New York State Police, the Steuben County Sheriffs Department
or any duly qualified and acting peace officer is hereby authorized
and requested to strictly enforce all of the provisions, rules and
regulations of this article as well as any emergency orders issued
by the Dog Control Officer and/or Health Officer.
Every person violating the provisions of this article shall,
upon conviction, be guilty of an offense punishable by a fine of not
less than $50 nor more than $100. Each day a violation occurs is considered
a separate offense and may be charged as such separate violation.
If any section, subsection, sentence, clause, phrase or portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
All local laws heretofore passed which are in conflict, or are
inconsistent, with any provision of this article are hereby repealed.
This article shall take effect immediately upon filing with
the Secretary of the State of New York.
