[HISTORY: Adopted by the Town Board of the
Town of Geddes as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-18-1975 (Ch. 26, Art.
I, of the 1974 Code)]
This article shall be known as "An Ordinance
of the Town of Geddes Regulating the Running at Large of Dogs in the
Town of Geddes, New York."
[Amended 1-9-2001 by L.L. No. 1-2001]
It is the purpose of this article to protect
the health, safety and general welfare of the inhabitants of the Town
of Geddes by regulating the running at large of dogs in the Town of
Geddes, New York, so as to afford consistent protection with the rights
and privileges of owners of dogs and the rights and privileges of
other citizens in the Town of Geddes, New York. This article is enacted
pursuant to the authority conferred upon the Town Board pursuant to
§ 130, Subdivision 9, of the Town Law and Article 7 of the
Agriculture and Markets Law of the State of New York and other applicable
statutes pertaining thereto; and this article is for the purpose of
regulating the running at large of dogs, whether licensed or not.
[Amended 12-14-2010 by L.L. No. 4-2010]
As used in this article, unless the context
otherwise indicates, 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.
Any member of the species canis familiaris.
Any individual appointed by the Town of Geddes to assist
in the enforcement of this chapter and Article 7 of the New York State
Agriculture and Markets Law or any authorized officer, agent or employee
of an incorporated humane society or similar incorporated dog protective
association under contract with the Town of Geddes to assist in the
enforcement of this chapter.
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 with the state during the period
such dog is being trained or bred for such purpose.
To provide food or shelter to any dog.
A tag which sets forth an official identification number,
as required by the provisions of this chapter.
Any dog carrying an identification tag, as provided in Article
7 of the Agriculture and Markets Law.
A series or combination of letters, numbers or symbols approved
and furnished by the Town of Geddes.
Any person who keeps, harbors, or is in lawful custody, of
any dog.
The person in whose name any dog was last licensed pursuant
to this chapter and/or Article 7 of the Agriculture and Markets Law,
except that if any license is issued on application of a person under
18 years of age, the owner of record shall be deemed to be the parent
or guardian of such person.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keeps such records as
maybe required by the Commissioner of the Department of Agriculture
and Markets.
Running, walking or otherwise roaming about without being
restricted or restrained by a leash, cord, or chain not longer than
six feet in length held by a person of sufficient size, strength and
ability to effectively control and restrict the movements of such
dog.
Town of Geddes Town Clerk.
A.Â
It shall be unlawful for any dog to run at large,
whether licensed or not, within the Town of Geddes, except as follows:
B.Â
It shall be unlawful for any dog to be allowed to
enter any town park whether at large or on a leash, carried or crated,
except dogs used for training puppies with approval of the Geddes
Town Board or dogs used as guide dogs or dogs used to assist the handicapped.
[Added 7-6-1999 by L.L. No. 5-1999]
[Added 11-5-1986; amended 4-13-2004 by L.L. No.
2-2004; 10-14-2014 by L.L. No. 3-2014]
Dogs communicate vocally; they may bark, whine,
or howl for attention, food, as a warning, or for other reasons. A
good dog owner will understand his/her dog's vocal behavior and react
appropriately to prevent it from becoming a nuisance to others. When
the dog owner does not address his/her dog's vocal behavior and allows
its long continuance to become a disturbance to others, the Dog Control
Officer may cite the owner for violating this article.
[Amended 2-11-1980; 10-2-1984; 1-9-2001 by L.L. No. 1-2001; 12-14-2010 by L.L. No. 4-2010; 3-12-2019 by L.L. No. 3-2019]
A.Â
The
fact that a dog runs at large within the Town of Geddes shall be presumptive
evidence that the owner permitted the dog to run at large in violation
of this article. Except as otherwise provided in § 119 of
the Agriculture and Markets Law, any violation of this article shall
be an offense punishable, upon conviction thereof, for the first offense
by a fine of not more than $50, for the second offense by a fine of
not more than $100 and for the third violation and all subsequent
violations occurring within six months of the first violation by a
fine of not more than $250.
B.Â
In
addition to the payment of any penalty or fine prescribed by this
article, the owner of any dog impounded shall be entitled to redeem
such dog within five business days, excluding the day the dog is impounded,
from the day the dog is impounded, provided that the owner produces
proof that the dog is properly licensed and identified, and pays a
redemption fee, the amount of which shall be established by resolution
of the Town Board and is on file with the Town Clerk. Such fees may
be amended by resolution of the Town Board.
C.Â
All impoundment fees shall be the property of the Town of Geddes
and shall be collected by the Town Clerk. The Town Clerk shall remit
all impoundment fees to the Town Supervisor on or before the fifth
day of each month.
[Amended 2-9-1976; 1-9-2001 by L.L. No. 1-2001]
A.Â
Peace officers, Dog Control Officers or designated
representatives of the Commissioner of Agriculture and Markets duly
authorized to act as such within the Town of Geddes shall seize any
dog running at large in violation of this article or Article 7 of
the Agriculture and Markets Law. No such Dog Control Officer, peace
officer or authorized representative shall be required to enforce
the provisions of this article, except upon a written complaint signed
by the person making the complaint and filed with the Dog Control
Officers, peace officer or authorized representative, or unless he
personally witnesses the violation. All dogs seized pursuant to these
regulations, both identified and unidentified, shall be held, impounded,
redeemed and adopted or euthanized pursuant to the provisions of § 118
of the Agriculture and Markets Law of the State of New York. Promptly
upon seizure of any identified dog, notice shall be given by such
peace officer, Dog Control Officer or representative to the owner
or person having custody of the dog personally or by certified mail,
return receipt requested, and in accordance with § 118 of
the Agriculture and Markets Law. All seized dogs shall be kept in
a kennel or building or place provided by the Town of Geddes and shall
be properly fed and cared for.
B.Â
The Dog Control Officer, peace officer or other designated
representative, having reasonable cause to believe a violation of
this article has been committed in his presence, shall issue and serve
an appearance ticket for such violation. The appearance ticket shall
be in the form prescribed by this Board, by resolution, in accordance
with the provisions of Article 7 of the Agriculture and Markets Law
and this article. An answer to such appearance ticket shall be made
within five days of the violation, by registered or certified mail,
return receipt requested, in lieu of a personal appearance on the
return date at the time and court specified in the appearance ticket,
in accordance with the provisions of Article 7 of the Agriculture
and Markets Law and this article. The form of an appearance ticket
will be as follows. (The appearance ticket is on file and available
in the Town Clerk's office.)
[Adopted 9-25-1979 (Ch. 26, Art.
II, of the 1974 Code); amended 12-14-2010 by L.L. No.
4-2010]
A.Â
Licensing of dogs.
(1)Â
The owner of any dog reaching the age of four months shall immediately
make application to the Town Clerk for a dog license pursuant to Article
7 of the Agriculture and Markets Law.
(2)Â
The application shall state the sex, age, breed, color, official
identification number, and identification marks, if any, of the dog
and the name, address and telephone number of the owner.
(3)Â
The application shall be accompanied by a fee, as set forth in § 65-9 of this article, and a certificate of rabies vaccination or statement in lieu thereof, as required by Article 7 of the Agriculture and Markets Law. An application for a spayed or neutered dog shall be accompanied by either a certificate, executed by a licensed veterinarian, or an affidavit by the owner, verifying that such dog has been spayed or neutered; a certificate or affidavit shall not be required if the same is already on file with the Town Clerk. In lieu thereof, an owner may submit a statement, certified by a licensed veterinarian, verifying that an examination of the dog reveals that spaying or neutering will endanger the life of the dog. In such a circumstance, the license fee for the dog shall be the same as for a spayed or neutered dog, as set forth in Article 7 of the Agriculture and Markets Law.
(4)Â
Upon validation by the Town Clerk, the application shall become the
license for the dog described therein. Once an application has been
validated, no refund shall be forthcoming.
(5)Â
The Town Clerk shall provide a copy of the license to the owner.
If the application or renewal for a dog license is made by mail and
a validated copy is requested, the owner shall provide a stamped,
self-addressed envelope for that purpose.
(6)Â
No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license.
(7)Â
Licenses shall be renewed on an annual basis during the original
licensing month.
B.Â
Relocation/relicensing.
(1)Â
The owner of any dog that is currently licensed in another municipality
must, upon harboring such dog in the Town of Geddes, obtain a Town
of Geddes dog license within 30 days.
(2)Â
Any dog adopted from an animal shelter must be licensed in the Town
of Geddes prior to being released from such shelter.
C.Â
Vaccination. The Town Clerk shall require the applicant to present
a statement certified by a licensed veterinarian showing that the
dog has been vaccinated to prevent rabies or, in lieu thereof, a statement
certified by a licensed veterinarian stating that the administration
of vaccine will endanger the life of the dog. The Town Clerk shall
make, or cause to be made from such statement, a record of such information
and shall file such record with a copy of the license.
[1]
Editor's Note: Former § 65-8, Seizure fee,
as amended, was repealed 12-14-2010 by L.L. No. 4-2010.
A.Â
A
fee schedule shall be established by resolution of the Town Board
of the Town of Geddes and shall be on file with the Town Clerk. Such
fee schedule may thereafter be amended by resolution of the Town Board.
Fees shall be charged and collected prior to the issuance of a license.
B.Â
There
shall be no fee for any license issued for any guide dog. Each copy
of any license for such dogs shall be conspicuously marked "Guide
Dog" by the Town Clerk.
C.Â
In addition to any other applicable fee, any person applying for
a dog license for a dog identified as unlicensed during an enumeration
conducted pursuant to Article 7 of the Agriculture and Markets Law
shall pay a fee as established by resolution of the Town Board and
on file with the Town Clerk. Such additional fee, the amount of which
may be amended from time to time by resolution of the Town Board,
shall be the property of the Town of Geddes and shall be used to pay
the expenses incurred by the Town of Geddes in conducting the enumeration.
In the event the additional fees collected exceed the expenses incurred
by the Town of Geddes in conducting an enumeration in any year, such
excess fees may be used by the Town of Geddes for any other lawful
purpose.
D.Â
On or before the fifth day of each month, the Town Clerk shall remit
all license fees to the Town Supervisor.
A.Â
Each dog licensed pursuant to this article shall be assigned, at
the time of first licensing, a permanent official identification number
which shall be featured on an identification tag affixed to a collar
on the dog at all times, provided that a dog participating in a dog
show shall be exempt from this requirement during such participation.
B.Â
The official identification number shall constitute the official
identification of the dog to which it is assigned, regardless of changes
in ownership, and the number shall not be reassigned to any other
dog during the lifetime of the dog to which it is assigned.
C.Â
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no charge. Should an official Town of
Geddes dog identification tag be lost, a new tag will be issued at
a fee prescribed by the Town Board of the Town of Geddes.
D.Â
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number is
assigned.
E.Â
The size, shape and form of imprints on identification tags shall
be prescribed by resolution of the Town Board of Town of Geddes. Any
tag bearing an imprint other than that prescribed shall not constitute
valid identification for purposes of this section.
F.Â
Fees received pursuant to this section shall be remitted by the Town
Clerk to the Town Supervisor by the fifth day of each month.
A.Â
In the event of a change in the ownership of any dog which has been
assigned an official identification number by the Town Clerk, or a
change in the address of the owner of record of any such dog, the
owner of record shall, within 10 days of such change, file with the
Town Clerk a written report of such change. Such owner or record shall
be liable for any violation of this article until such filing is made
or until the dog is licensed in the name of the new owner.
B.Â
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, file with the Town Clerk a written
report of such loss or theft. In the case of a loss or theft, the
owner of record of any such dog shall not be liable for any violation
of this article or Article 7 of the Agriculture and Markets Law committed
after such report is filed.
C.Â
In the case of a dog's death, the owner of record shall so notify the Town Clerk, in writing, either prior to renewal of licensure or upon the time of such renewal as set forth in § 65-8 of this local law. Failure to so notify the Town Clerk shall constitute a violation and the owner of record shall be held liable.
[Amended 3-12-2019 by L.L. No. 3-2019]
A.Â
In addition to the payment of any penalty or fine prescribed by this
article, the owner of any dog impounded shall be entitled to redeem
such dog within five business days, excluding the day the dog is impounded,
from the day the dog is impounded, provided that the owner produces
proof that the dog is properly licensed and identified, and pays a
redemption fee, the amount of which shall be established by resolution
of the Town Board and is on file with the Town Clerk. Such fees may
be amended by resolution of the Town Board.
B.Â
All impoundment fees shall be the property of the Town of Geddes
and shall be collected by the Town Clerk. The Town Clerk shall remit
all impoundment fees to the Town Supervisor on or before the fifth
day of each month.
A.Â
It shall be a violation, punishable as provided in Subsection B of this section, for:
(1)Â
Any owner to fail to license any dog;
(2)Â
Any owner to fail to have any dog identified as required by this
article;
(3)Â
Any person to knowingly affix to any dog any false or improper identification
tag or special identification tag;
(4)Â
Any person to furnish any false or misleading information on any
form required to be filed with the Town pursuant to the provisions
of this article or the rules and regulations promulgated thereto;
and
B.Â
The Town of Geddes may elect to either prosecute such action as a
violation under the Penal Law or commence an action to recover a civil
penalty. A violation of this article shall be punishable, subject
to such an election, either:
[Amended 3-12-2019 by L.L. No.
3-2019]
(1)Â
Where prosecuted pursuant to the Penal Law, by a fine of not more
than $50 except that:
(a)Â
Where the person was found to have violated this article within
the preceding five years, the fine may not be more than $100; and
(b)Â
Where the person was found to have committed two or more violations
within the preceding five years, it shall be punishable by a fine
of not more than $250 or imprisonment for not more than 15 days, or
both; or
(2)Â
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not more than $50, except that:
C.Â
Each day that failure continues shall constitute a separate violation.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.