[HISTORY: Adopted by the Town Board of the
Town of Evans as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Fees — See Ch. 106.
[Adopted 12-15-2010 by L.L. No. 1-2011[1]]
[1]
This local law also repealed former Article I, Dogs, adopted
12-15-1993 by L.L. No. 13-1993, as amended.
The purpose of this article shall be to preserve the public
peace and good order in the Town of Evans (hereinafter termed the
"Town"), to contribute to the public safety and welfare, to provide
for the licensing and enumeration of dogs within the Town and to preserve
and protect the property and the persons of the Town of Evans by declaring
and enforcing certain regulations and restrictions on the activities
of dogs within the Town.
As used in this article, the following terms shall have the
meanings indicated:
Any dog which chases, jumps at or onto, snaps at or bites
or has bitten any person or whose action might cause reasonable apprehension
of harm or injury to any person.
Both male and female, licensed or unlicensed, members of
the species Canis familiaris.
Person appointed by the Town of Evans to fulfill the duties
of the office to uphold the laws of New York State and this article.
The Society for the Prevention of Cruelty to Animals may act as agents
of the Town when authorized to do so by the Chief of Police.
Any person harboring or keeping a dog and the parent, legal
guardian or head of the household in which a minor dog owner resides.
A protected, fenced or caged area where a dangerous dog can
be confined securely, where a gauge of linking or fencing shall exist
such that no infant's limbs can penetrate into the protected
area and where the height is sufficient to prevent the possibility
of escape.
A.
All dogs in the Town must be licensed with the Town Clerk by the
age of four months and are required to present a current certificate
of rabies vaccination at the time of licensing or the renewal of an
existing license.
B.
All dog licenses for unspayed or unneutered or for spayed or neutered
dogs may be purchased for a one-year or three-year period and will
expire at the end of the month one year or three years from the date
of issuance, as the case may be. Dog licenses are not transferable.
C.
Kennels permitted and established in the Town of Evans may purchase
a kennel license for the licensing of all dogs over the age of four
months held at such kennel during any one-year period. Such license
shall be for a one-year period and will expire at the end of the month
one year from the date of issuance. Kennel licenses are not transferable.
D.
Fees for licensing of dogs.
(1)
The fee for a spayed or neutered dog for a one-year or three-year
period will be as established by resolution of the Town Board, which
fee shall include the assessment of a surcharge for the purpose of
carrying out animal population control, which surcharge shall also
be established by resolution of the Town Board.
(2)
The fee for an unspayed or unneutered dog for a one-year or three-year
period will be as established by resolution of the Town Board, which
fee shall include the assessment of a surcharge for the purpose of
carrying out animal population control, which surcharge shall also
be established by resolution of the Town Board.
(3)
The fee for the issuance of a kennel license as provided in this
article shall be established by resolution of the Town Board, which
fee shall include the assessment of a surcharge for each unspayed,
unneutered, spayed or neutered dog held at such kennel from time to
time.
(4)
The fees established by this provision are subject to review by the
Town Board periodically and may be changed by a resolution of the
Town Board, if deemed appropriate.
E.
Grace period. Any dog harbored within the Town which is owned by
a resident of New York City and 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 provisions of this section.
F.
Service dogs. The Town will require a license for every guide dog,
service dog, hearing dog, therapy dog and detection dog or police
work dog; however the fee for this license shall be waived upon presentation
of a certificate acceptable to the Town Clerk establishing the qualification
of such dog to entitle the same to such waiver. A current certificate
of rabies vaccination shall be required at the time of licensing or
the renewal of an existing license.
G.
All dog licenses may be purchased by visiting the Town offices or
by regular mail. If licensing or renewing a license by mail, the appropriate
fee must accompany the forms. There will be no refund of fees for
any issued license.
H.
All fees will be used in funding the administration of this article.
I.
This dog license fee shall be charged for all licenses becoming effective
on or after the effective date of this article.
No owner harboring or having care, custody or charge of any
dog, whether male or female, whether licensed or not, shall allow
or permit such dog, at any time, to run at large in the Town of Evans,
unless such dog shall be effectively restrained by a chain or leash
not exceeding eight feet in length and in the control of a competent
person. In no event should said dog enter upon the land of another
without consent.
No person shall harbor or maintain within the Town of Evans
any dog which, by habitually barking or crying, disturbs the peaceful
living of any person. Any dog which barks or cries for 10 minutes
or more daily for more than two days shall be deemed to be habitually
barking or crying.
No person owning, harboring, keeping or having custody and control
of a dog shall suffer, permit or allow such dog to urinate or defecate
on or commit any other nuisance or to damage property of the public
or of another person or in any park, public building, street, parking
lot or upon any public sidewalk.
The owner of a dog deemed to be a dangerous dog by the Dog Control
Officer or Town police officer shall be notified in writing of such
designation and shall be required to harbor such dog in a restricted
area within 10 days of receipt of such notice. No person shall harbor
or maintain a dangerous dog in the Town of Evans except in a restricted
area.
There shall be no fee for any license issued for any guide dog,
service dog, hearing dog, therapy dog and detection dog or police
work dog, and such dogs shall be exempt from dog control laws while
working, in accordance with the provisions of the New York State Agriculture
and Markets Law.
The duties of the Dog Control Officer shall be to:
A.
Enforce
all of the laws of the State of New York, County of Erie and the Town
of Evans pursuant to the control of dogs, to include but not be limited
to the licensing of dogs.
B.
Preserve
and protect the safety of the public from dangerous dogs and dogs
posing a potential for danger or nuisance; investigate complaints,
make dangerous dog determination and notify owner of such dog in writing.
C.
Seize
and secure dogs in violation of those statutes for which the Dog Control
Officer is responsible.
D.
Ensure the just and humane treatment of dogs which come into his
custody.
E.
Maintain records as required by the State of New York on dog enforcement
and control.
F.
Properly dispose of dead dogs and cats.
G.
Obey the command of the Chief of Police, who shall exercise direct
control over all Dog Control Department officers.
A.
The Dog Control Officer or any police officer may seize a dog found to be at large in violation of § 57-4.
B.
Any dog seized by a Dog Control Officer or police officer shall be held for the redemption period and may be redeemed by the owner within the time and manner prescribed by the Agriculture and Markets Law of the State of New York, provided that the owner pays the impoundment fees as required by law, rule or regulation as set forth in Chapter 106, Fees, of this Town Code and produces the proper license.
C.
Dogs seized and not redeemed may be destroyed, in the proper case;
however, failure of any owner to redeem any dog shall not relieve
said owner from payment of the prescribed impoundment fees herein
and as set forth in the Agriculture and Markets Law of the State of
New York.
Any person who commits any acts in violation of any of the provisions
of this article shall be guilty of a violation and, upon conviction,
shall be subject to a fine of not more than $250 or imprisonment for
not more than 15 days, or to both such fine and imprisonment.
The Dog Control Officer or police officer, having reasonable
cause to believe that a person has violated this article, shall issue
and serve upon such person an appearance ticket returnable, in the
Town Justice Court, for such violation in the form prescribed by the
Town Board and in accordance with the provisions of the Agriculture
and Markets Law.
