[HISTORY: Adopted by the Town Board of the Town of Frankfort 12-30-2010 by L.L. No. 1-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
[1]
Editor's Note: This local law also superseded former Ch. 33, Dogs, adopted 9-14-1982 by L.L. No. 3-1982, as amended.
The purpose of this chapter shall be to promote the health, safety, morals and general welfare of the Town of Frankfort, including the protection and preservation of property of the Town of Frankfort and its inhabitants and of the peace and good order by adopting and enforcing certain regulations and restrictions on the privileges of the owners of dogs and the rights and privileges of the Town of Frankfort and by imposing restrictions upon the keeping and running at large of dogs within the Town of Frankfort.
As used in this chapter, the following terms shall have the meanings indicated:
DOG
Includes any dog of either sex and of any age unless otherwise indicated herein.
DOG CONTROL OFFICER
Any person employed to assist in the enforcement of the law.
OWNER
Includes any person owning, harboring or keeping a dog within the limits of the Town of Frankfort and/or parent, guardian or other adult person with whom a minor dog owner resides. Any person harboring a dog three days prior to any violations of this chapter shall be deemed the owner of said dog.
RESTRAINT
A dog is under restraint if it is:
A. 
Controlled by a leash not to exceed 10feet in length;
B. 
On or within a vehicle being driven or parked on a street or roadway;
C. 
Within the property limits of its owner; or
D. 
Upon the premises of another with the consent of such other person.
RUNNING AT LARGE
Any dog, licensed or unlicensed, while roaming or running off the property of its owner or custodian and not under restraint.
A. 
The Town Board of the Town of Frankfort shall appoint a Dog Control Officer as needed pursuant to the appropriate statutes of the State of New York. It shall be the duty of such Dog Control Officer as well as any and all other police/peace officers within the Town of Frankfort to enforce the appropriate provisions of this chapter as well as of the Agriculture and Markets Law of the State of New York with respect to dogs within the Town of Frankfort. All complaints concerning alleged violations of this chapter shall be communicated to the Dog Control Officer.
B. 
All such complaints shall be investigated, and it shall be the duty of the Dog Control Officer in the appropriate case to proceed with the civil or criminal enforcement of this chapter or any other provision of the law pertaining hereto.
C. 
The Town Board of the Town of Frankfort is hereby authorized in conjunction with, in lieu of the establishment of pounds and the employment of a Dog Control Officer, to contract with any incorporated society for the prevention of the cruelty to animals for the seizure and impounding of all unlicensed or untagged dogs not restrained by a leash while off the owner's premises whether or not tagged or licensed in violation of this chapter and for the maintenance of a pound for such dogs and for lost and strayed or homeless dogs and for the destruction and dispositions of seized dogs and redeemed as provided in the Agriculture and Markets Law of the State of New York.
D. 
Any and all fees under this chapter received by the Town Clerk shall be paid into the Town and shall be used for the expense of executing and enforcing this chapter, including the return of certain required fees to the State of New York for licensing of said dog.
A. 
Every person owning or harboring a dog within the Town of Frankfort shall make application to the Town Clerk (pursuant to § 109 of the Agriculture and Markets Law) for a license and shall pay the prescribed license fee as set forth below (pursuant to new § 110 of said law).
B. 
All dogs in the Town of Frankfort must be licensed with the Town Clerk by the age of four months and are required to present a current certificate of rabies at the time of licensing or the renewal of an existing license.
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. The purchase of multi-year licenses will not be an option.
D. 
Fees for licensing.
(1) 
Fees for licensing of dogs will be as follows:
(a) 
For each spayed or neutered dog: $6 (which includes the assessment of a surcharge of $1 for the purpose of carrying out animal population control). Proof of sterilization must be presented at time of licensing.
(b) 
For each unspayed or unneutered dog: $14 (which includes the assessment of a surcharge of $3 for the purpose of carrying out animal population control).
(c) 
For each replacement tag requested: $3.
(2) 
All dog licensing fees may be reviewed by the Town Board periodically and may be adjusted by a resolution of the Town Board, if deemed necessary. Authority to set dog license fees by resolution of the Town Board is granted pursuant to Municipal Home Rule Law; by the adoption of this chapter, the Town of Frankfort, County of Herkimer, hereby authorizes the Town Board of the Town of Frankfort, County of Herkimer, to establish, by resolution, a schedule of dog license fees, enumeration fees and tag replacement fees. The Town Board of the Town of Frankfort, County of Herkimer, may exercise this authority as need be throughout the year.
E. 
Enumeration fee. When the Town Board determines the need for a dog enumeration, a fee of $10 will be assessed to all dogs found unlicensed or delinquent at the time the enumeration is conducted.
F. 
Purebred license. The Town of Frankfort will not issue purebred or kennel licenses. All dogs will be licensed individually as per the fee system stated above.
G. 
Service dogs. The Town of Frankfort will not charge a fee to license any guide dog, service dog, hearing dog or detection dog. Service dogs must be certified and a certificate presented at the time of licensing.
H. 
The Town of Frankfort does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Town Clerk of Frankfort in which the dog will be harbored for licensing.
I. 
All dog licenses may be purchased by visiting the Town Clerk's office or by regular mail. If licensing or renewing a license by mail, the appropriate fee must accompany the forms. There will be no refunds of fees.
J. 
All fees will be used in funding the administration of the Dog Control Law of the Town of Frankfort.
No person owning, keeping, harboring or having the care, custody or control of any dog shall permit such dog to:
A. 
Be at large in the Town of Frankfort, Herkimer County, New York, unless under leash not exceeding 10 feet in length, other than when on the premises of another person owning, keeping, harboring or having custody and/or control of such dog or upon the premises of another with the knowledge, consent and approval of such premises.
B. 
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.
C. 
Cause damage or destruction to property or commit a nuisance by defecating upon public property or upon the premises of a person other than the owner of such dog.
D. 
Chase or otherwise harass any person in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension or bodily harm or injury.
E. 
Habitually chase, run alongside of or bark at motor vehicle or bicycles.
This chapter shall be enforced by the Dog Control Officer, peace officer when acting pursuant to his/her special duties, or police officer in the employ of or under contract to the Town of Frankfort.
The Dog Control Officer, peace officer or police officer in the employ of or under contract of the Town of Frankfort is hereby authorized to issue, pursuant to the Criminal Procedure Law, an appearance ticket or, in lieu thereof, a uniform appearance ticket and simplified information as provided in the Agriculture and Markets Law to assist in the enforcement of this chapter.
A. 
Any dog not wearing a tag, not identified and which is not on the owner's premises may be picked up by the Dog Control Officer or any other police/peace officers within the Town of Frankfort. Dogs in dog shows are exempt from wearing tags during shows.
B. 
Any person who observes or has knowledge of a dog causing damage to property of a person other than its owner or violating any section of this chapter or permitting a nuisance upon the premises of a person other than its owner, may file a signed complaint under oath with the Dog Control Officer or any other police/peace officers within the Town of Frankfort, specifying the objections and conduct of the dog and the name of the residence, if known, or the owner other than the person harboring said dog.
C. 
Upon receipt of any complaint against the conduct of any particular dog for a violation of any provision of this chapter or in the event any dog is found by the Dog Control Officer, or any other police/peace officers within the Town of Frankfort, to be in violation of any provision of this chapter, the Dog Control Officer, or any other police/peace officers within the Town of Frankfort, may summon the alleged owner or other person harboring said dog to appear before a Town Justice of the Town of Frankfort.
A. 
Every dog seized shall be properly fed and cared for until disposition thereof as herein provided and in accordance with the applicable provisions of the New York State Agriculture and Markets Law.
B. 
Every dog seized shall receive a rabies vaccine upon its confinement in the animal shelter.
C. 
Every dog seized shall be treated in a humane manner.
D. 
If the dog seized bears a license tag, or is otherwise identifiable, the Dog Control Officer shall ascertain the owner of the dog and shall, within 24 hours, notify the owner or an adult member of his or her family, either by personal service or by certified mail, return receipt requested, that the dog has been seized and will be sold or destroyed pursuant to § 117 of the New York State Agriculture and Markets Law unless redeemed as herein provided.
E. 
The owner of an unlicensed dog so seized may redeem the dog within three days. The owner of a dog bearing a license tag may redeem the dog within seven days. To redeem a dog, the owner must furnish proof that the dog has been licensed pursuant to the New York State Agriculture and Markets Law and must pay impoundment fees as well as any veterinary expenses necessitated by the seizure or incurred in the course of humanely caring for the dog in accordance with the law.
F. 
All monies shall be paid directly to the dog shelter housing the seized dog; the redeemed portion, as determined by the New York State Agriculture and Markets Law, to be paid to the Town of Frankfort or shall be applied to the monthly bill that, as stated in the contract between the Town and the shelter, must be presented to the Town by the Humane Society.
Any person found guilty of violating this chapter shall be guilty of a violation and shall be punishable by a fine not less than $25 and not more than $100 for each violation.
This chapter shall take effect January 1, 2011, after filing with the Secretary of State.