Town of Webb, NY
Herkimer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Webb as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-11-1996 by Ord. No. 2-1996]
The Town of Webb, Herkimer County, New York, finds that the uncontrolled behavior of 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 and safety of persons and property by imposing restrictions and regulations upon the keeping of dogs.
This article is enacted pursuant to authority granted by § 124 of Article 7 of the Agriculture and Markets Law.[1]
[1]
Editor’s Note: Section 122 of the Agriculture and Markets Law was renumbered as § 122 by Chapter 59 of the Laws of 2010.
The title of this article shall be the "Dog Control Ordinance of the Town of Webb."
As used in this article, the following terms shall have the meanings indicated:
HABITUALLY
Several or a number of times, at least more than once.
HARBOR
To provide food and/or shelter to any dog.
OWNER
Any person who harbors or keeps dogs. In the event that any dog found in violation of this article shall be owned by a person under 18 years of age, the parent or guardian of such person (or the head of the household in which said person resides) shall be deemed to be the owner.
It shall be unlawful for any owner of any dog to permit or allow such dog to:
A. 
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.
B. 
Cause damage or destruction to property or commit a nuisance by habitually defecating or urinating upon the premises of a person, other than the owner of such dog.
C. 
Chase or otherwise harass any person in such a manner as reasonably to cause intimidation or to put such people in reasonable apprehension of bodily harm or injury.
D. 
Habitually chase, run alongside of, or bark at motor vehicles or bicycles.
[Amended 11-11-1997 by Ord. No. 2-1997]
Any person who observes a dog in violation of this article may file a complaint, under oath, with the Animal Control Officer or police officer, having jurisdiction within the Town of Webb, specifying the nature of the violation, the date thereof, the description of the dog and the name and residence, if known, of the dog owner. The Animal Control Officer or police officer shall review the complaint and, if a violation of this article has occurred, he or she shall issue an appearance ticket for such violation.
Any Police Officer having jurisdiction within the Town of Webb, or the Animal Control Officer when acting pursuant to his or her special duties in the employ of or under contract with the Town of Webb, who observes a violation of this article in his or her presence shall issue and serve an appearance ticket for such violation.
This article may be enforced by a police officer having jurisdiction within the Town of Webb, or by the Animal Control Officer when acting pursuant to his or her special duties in the employ of or under contract with the Town of Webb.
Any person convicted of a violation of this article shall be deemed to have committed a violation and shall be subject to a fine not exceeding $250 or imprisonment for a period not to exceed 15 days.
[Adopted 12-28-2010 by L.L. No. 1-2011]
The title of this article shall be "Town of Webb Dog Licensing Law."
This article is enacted pursuant to the provisions of (Chapter 59, Part T, of the Laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
The Town Board of the Town of Webb, County of Herkimer, hereby finds and declares that the purpose of this article is to provide for the licensing and identification of dogs.
All terms not specifically defined herein shall have the meanings assigned to such terms within § 108 of the Agriculture and Markets Law of the State of New York. As used in this article, the following terms shall have the 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 article, as amended by this article, and as thereafter amended.
AT LARGE
Any dog that is unleashed in a public place or on private land without the knowledge, consent and approval of the owner of such lands.
DETECTION DOG
Any dog that is trained and is actually used for such purposes or is undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband.
DOG CONTROL OFFICER
Any individual appointed by the Town to assist in the enforcement of this article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Town to assist in the enforcement of this article.
GUIDE DOG
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 within the state during the period such dog is being trained or bred for such purpose.
HARBOR
To provide food and shelter to any dog.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog owned by a recognized training center located within New York State during the period such dog is being trained or bred for such purpose.
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.
IDENTIFIED DOG
Any dog carrying an identification tag as provided in § 164-9 of this article.
OWNER
Any person who harbors or keeps any dog.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant to this article.
PERSON
Any individual, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.
PERSON WITH A DISABILITY
Any person with a disability as that term is defined in § 292, Subdivision 21, of the New York Executive Law.
POLICE WORK DOG
Any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.
RESIDENT
An individual who maintains a residence within the Town of Webb, County of Herkimer, State of New York.
SERVICE DOG
Any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability, provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative.
THERAPY DOG
Any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes and other settings and is actually used for such purpose, or any dog owned by a recognized training center located within the state during the period such dog is being trained or bred for such purposes.
TOWN
The Town of Webb, County of Herkimer, State of New York.
WAR DOG
Any dog which has been honorably discharged from the United States Armed Services.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing persons and is actually used for such purpose; provided, however, that such services provided by said dog shall be performed without charge or fee.
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 this article.
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 nonresident of the Town and licensed by a jurisdiction outside the Town shall, for a period of 30 days, be exempt from the licensing and identification provisions of this article.
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 11th month following the expiration date of the current rabies certificate for the dog being licensed.
A. 
The annual license fee for each spayed or neutered dog shall be $7, which includes the assessment of a statutory one-dollar annual population control surcharge; however, if the owner of record is 65 years of age or older, the annual license fee shall be $3.50, which includes the assessment of a statutory one-dollar annual population control surcharge.
B. 
The annual license fee for each unspayed or unneutered dog shall be $15, which includes the assessment of a statutory three-dollar annual population control surcharge.
C. 
A replacement tag fee of $3 shall be charged to offset the costs associated with the provision and replacement of identification tags.
D. 
Each dog found to be unlicensed during a Town dog enumeration shall be subject to a twenty-five-dollar dog enumeration surcharge to be assessed, in addition to the dog license fee, to all dogs found to be unlicensed or not renewed at the time the enumeration is conducted.
E. 
There shall be no fee for any license issued for the following dogs, as defined in Article 7 of the State Agriculture and Market Law and this article: guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog; however, each such dog shall be licensed, and a copy of such license shall be appropriately marked by the Town Clerk, indicating the reason for the exemption. The dog's owner shall provide written documentation of the dog's status in order to be exempt from such fee.
F. 
The fees set forth herein shall be reviewed by the Town Board periodically and may be changed by resolution of the Town Board, if deemed necessary.
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. 
Each dog licensed pursuant to this article shall be assigned, at the time the dog is first licensed, a Town of Webb 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.
C. 
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.
D. 
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 which 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) 
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.
E. 
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 other 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 $3 to the Town Clerk for a replacement tag, in accordance with § 164-8C of this article.
A. 
Any Dog Control Officer or peace officer, acting pursuant to his special duties, or police officer shall seize:
(1) 
Any dog which is not identified and which is not on the owner's premises;
(2) 
Any dog which is not licensed, whether on or off the owner's premises;
(3) 
Any licensed dog which is not in the control of its owner or custodian or not on the premises of the dog's owner or custodian, if there is probable cause to believe the dog is a dangerous dog as defined by the Agriculture and Markets Law;
(4) 
Any dog which poses an immediate threat to the public safety. Promptly upon seizure, the Dog Control Officer shall commence a proceeding as provided for in Subdivision 2 of § 123 of the New York Agriculture and Markets Law.
B. 
Any Dog Control Officer or peace officer, acting pursuant to his special duties, or police officer may seize any dog in violation of this article.
C. 
Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day of seizure, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this article, and further provided that the owner pays the following impoundment fees:
(1) 
Not less than $10 for the first impoundment of any dog owned by that person;
(2) 
Not less than $20 for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the second impoundment, within one year of the first impoundment, of any dog owned by that person; or
(3) 
Not less than $30 for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.
D. 
Procedures for notice and redemption of identified dogs shall be as provided in § 117 of the New York Agriculture and Markets Law.
A. 
It shall be a violation, punishable as provided in Subsection C of this section, for:
(1) 
Any owner to fail to license any dog;
(2) 
Any owner to fail to have any dog identified as required by this article;
(3) 
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;
(4) 
Any person to furnish any false or misleading information on any form required to be filed with the Town Clerk pursuant to the provisions of this article;
(5) 
Any owner of a dog to fail to notify the Town Clerk of any change of ownership or address as required by § 164-9.
B. 
It shall be the duty of the Dog Control Officer to bring an action against any person who has committed any violation set forth in Subsection A of this section. The Town of Webb may elect either to prosecute such action as a violation under a penal law or to commence an action to recover a civil penalty.
C. 
A violation of this section shall be punishable, subject to such an election, either:
(1) 
Where prosecuted pursuant to the penal law, by a fine of not less than $25, except that:
(a) 
Where the person was found to have violated this section or Article 7 of the New York Agriculture and Markets Law within the preceding five years, the fine may be not less than $50; and
(b) 
Where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not less than $100 or imprisonment for not more than 15 days, or both; or
(2) 
Where prosecuted as an action to recover a civil penalty, by a civil penalty of not less than $25, except that:
(a) 
When the person was found to have violated Article 7 of the New York Agriculture and Markets Law within the preceding five years, the civil penalty may not be less than $50; and
(b) 
Where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may not be less than $100.
A. 
The owner of one or more purebred dogs registered by a recognized registry association as defined in Agriculture and Markets Law § 108 may annually make an application for a purebred license, in lieu of or in addition to the individual licenses required by this article. A purebred license shall be valid for a period of one year beginning with the first day of the month following the date of issuance and shall be renewable annually thereafter prior to the expiration date.
B. 
The purebred dog license application shall state the name, address and telephone number of the owner; the county and Town where such dogs are harbored; the sex, breed, registry name and number of each purebred registered dog over the age of four months which is harbored on the premises; and the sex and breed of each purebred dog over the age of four months which is harbored on the premises and which is eligible for registration. The application shall also include a statement by the owner that all purebred dogs over the age of four months which are harbored on the premises have been listed.
C. 
The application shall be accompanied by the license fee prescribed by this article and a certificate of rabies vaccination or statement in lieu thereof, as required by this article and Article 7 of the State Agriculture and Markets Law.
D. 
Upon receipt of the foregoing items, the Clerk shall assign a license number, which shall be reserved for the sole use of the named owner, and shall issue a purebred license. Once a purebred license has been issued, no refund thereof shall be made.
E. 
The Town Clerk shall provide a copy of the purebred license to the owners and retain a record of the purebred license in the office of the Town Clerk.
F. 
No purebred license shall be transferable. Upon change of ownership of any dog licensed under a purebred license, such dog shall become subject to the licensing provisions of this article, except when the new owner holds a valid purebred license. The annual fee for registered purebred dogs shall be as follows:
(1) 
If no more than 10 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the owner's premises at the time of the application, $35, plus $6 per each dog.
(2) 
If no more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the owner's premises at the time of the application, $75, plus $6 per each dog.
(3) 
If more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the owner's premises at the time of the application, $150, plus $6 per each dog.
(4) 
Each purebred dog license shall be subject to an animal population control surcharge in the amount of $3, payable at the time the dog license application is filed.
This article shall be effective January 1, 2011, after filing with the Secretary of State.