[HISTORY: Adopted by the Town Board of the Town of Amenia 12-9-2010 by L.L. No.
2-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided for the repeal
of former Ch. 53, Dogs, adopted as follows: Art. I, 9-17-1981, as
amended; Art. II, 5-21-1987 by L.L. No. 2-1987; and Art. III, 4-18-1991
by L.L. No. 1-1991.
The Town of Amenia, New York, finds that the running at large
and other 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 chapter is to provide for the licensing
and identification of dogs, the control and protection of the dog
population and the protection of persons, property and domestic animals
from dog attack and damage.
This chapter is enacted pursuant to the provisions of Part T
of Chapter 59 of the Laws of 2010, amending Article 7 of the Agriculture
and Markets Law, and pursuant to the Municipal Home Rule Law of the
State of New York.
The title of this chapter shall be the "Dog Licensing, Identification
and Control Law of the Town of Amenia."
As used in this chapter, the following terms shall have the
meanings indicated:
The New York State Agriculture and Markets Law.
Any dog that is unleashed and on property open to the public,
or is on private property not owned or leased by the owner of the
dog, unless permission for such presence has been obtained. No dog
shall be deemed to be "at large" if it is:
Accompanied by and under the immediate supervision and control
of the owner or other responsible person;
A police work dog in use for police work; or
Accompanied by its owner or other responsible person and is
actively engaged in hunting or training for hunting on unposted land
or on posted land with the permission of the owner of the land.
Any member of the species canis familiaris.
The individual appointed by the Town of Amenia to assist
in the enforcement of this chapter or any authorized officer, agent
or employee of an incorporated humane society or similar incorporated
dog protective association under contract with the Town of Amenia
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 within the state during the period
such dog is being trained or bred for such purpose.
To provide food or shelter to any 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 the State of New York during the period
such dog is being trained or bred for such purpose.
A tag issued by the Town of Amenia Town Clerk which sets
forth an identification number, together with the name of the municipality,
the State of New York, contact information, including a telephone
number, for the Town of Amenia and such other information as the Town
of Amenia deems appropriate.
Any person who harbors or keeps any dog.
The person in whose name any dog was last licensed pursuant to this chapter; 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. If it cannot be determined in whose name any dog was last licensed or if the owner of record has filed a statement pursuant to the provisions of § 53-7 of this chapter, the owner shall be deemed to be the owner of record of such dog; except that if the owner is 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 person with a disability, as that term is defined in
Subdivision 21 of § 292 of the New York Executive Law.
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.
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.
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.
The Town of Amenia.
The Town Clerk of the Town of Amenia, where licenses are
validated or issued pursuant to this chapter.
Any dog that is trained to aid in the search for missing
persons and is actually used for such purpose.
A.
All dogs aged four months or older, located, owned or harbored within
the Town of Amenia, unless otherwise exempted, shall be licensed as
herein provided.
B.
The owner of each dog required to be licensed shall obtain, complete
and return to the Town Clerk 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 of Amenia.
C.
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.
D.
In the case of a spayed or neutered dog, the application for a license
or renewal thereof shall be accompanied by a certificate, signed by
a licensed veterinarian, certifying that the dog has been spayed or
neutered, unless such certificate has already been placed on file
with the Town Clerk.
E.
Each license issued shall be valid for a period of one year and shall
not be transferable.
F.
Any dog harbored within the Town of Amenia which is owned by a resident
of New York City or 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 licensing and identification provisions of this chapter.
G.
This chapter shall not apply to any dog confined to the premises
of any public or private hospital devoted solely to the treatment
of sick animals or confined for the purposes of research to the premises
of any college or other educational or research institution.
H.
This chapter shall not apply to any dog confined to the premises
of any person, firm or corporation engaged in the business of breeding
or raising dogs for profit and licensed as a Class A dealer under
the Federal Laboratory Animal Welfare Act.
A.
Each dog licensed pursuant to this chapter shall be assigned, at
the time the dog is first licensed, an identification number. Such
identification number shall be carried on an identification tag which
shall be affixed to a collar on the dog at all times, provided that
dogs participating in dog shows in the Town of Amenia shall not be
subject to this requirement while participating in such dog shows.
B.
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which that number has been
assigned.
A.
In the event of a change in the ownership of any dog which has been
licensed pursuant to this chapter, 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 of record shall be liable for any violation
of this chapter until such filing is made or until the dog is licensed
in the name of the new owner. With any change of ownership of a dog,
the new owner shall immediately make application for a license for
such dog.
B.
If any dog which has been licensed pursuant to this chapter 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 chapter
committed after such report is filed.
C.
In the case of a dog's death, the owner of record shall so notify
the Town Clerk prior to or at the time of renewal of licensure.
A.
It shall be a violation, punishable as provided in § 53-13 of this chapter, for:
(1)
Any owner to fail to license any dog;
(2)
Any owner to fail to have any dog identified as required by this
chapter;
(3)
Any person to knowingly affix to any dog any false or improper identification
tag;
(4)
Any owner of any dog to fail to confine, restrain or present such
dog for any lawful purpose pursuant to this chapter;
(5)
Any person to furnish any false or misleading information on any
form required to be filed with the Town or the Town Clerk pursuant
to the provisions of this chapter or the Agriculture and Markets Law;
(6)
The owner of any dog to fail to exercise due diligence in handling
his or her dog if the handling results in harm to another dog that
is a guide, hearing or service dog;
B.
It shall also be a violation, punishable as provided in § 53-13 of this chapter, for any owner of any dog to permit or allow such dog in the Town of Amenia to:
(1)
Be at large.
(2)
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.
(3)
Cause damage or destruction to property or commit a nuisance by defecating
or urinating upon the premises of a person other than the owner of
such dog.
(4)
Chase or otherwise harass any person in such a manner as reasonably
to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury.
(5)
Habitually chase, run alongside of or bark at motor vehicles or bicycles.
This chapter shall be enforced by any dog control officer or
peace officer, when acting pursuant to his or her special duties,
or police officer in the employ of or under contract to the Town of
Amenia.
A.
Any dog found in violation of the provisions of § 53-8 of this chapter may be seized pursuant to the provisions of § 117 of the Agriculture and Markets Law.
B.
Every dog seized shall be properly cared for, sheltered, fed and
watered for the redemption periods set forth in § 117 of
the Agriculture and Markets Law.
C.
Seized dogs may be redeemed by producing proof of licensing and identification
pursuant to the provisions of Article 7 of the Agriculture and Markets
Law and by paying the minimum impoundment fees set forth in § 117
of the Agriculture and Markets Law.
D.
If the owner of any unredeemed dog is known, such owner shall be
required to pay the impoundment fees set forth in § 117
of the Agriculture and Markets Law, whether or not such owner chooses
to redeem his or her dog.
E.
Any dog unredeemed at the expiration of the appropriate redemption
period shall be made available for adoption or euthanized pursuant
to the provisions of § 117 of the Agriculture and Markets
Law.
Any person who observes a dog in violation of this chapter may
file a complaint under oath with a Justice of the Town of Amenia,
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 chapter.
The dog control officer, any police officer, or a peace officer
acting pursuant to his or her special duties, who has reasonable cause
to believe that a person has violated this chapter, shall issue and
serve upon such person an appearance ticket for such violation.
A violation of the provisions of this chapter shall be punishable
either:
A.
Where prosecuted as a violation pursuant to the Penal Law, by a fine
of not less than $25 except that:
(1)
Where the person is found to have previously violated the provisions
of this chapter within the preceding five years, the fine may be not
less than $50; and
(2)
Where the person is found to have previously 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
B.
Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $25, except that:
(1)
When the person is found to have previously violated the provisions
of this chapter within the preceding five years, the civil penalty
may be not less than $50; and
(2)
Where the person was found to have previously committed two or more
such violations within the preceding five years, the civil penalty
may be not less than $100.
A.
The annual license fee for dog licenses issued pursuant to § 53-5 shall be as set forth by resolution of the Town of Amenia Town Board, subject to the following requirements:
(1)
The annual license fee for an unaltered dog must be at least $5 more
than the annual license fee for an altered dog.
(2)
The annual license fee must add a surcharge of $1 to the licensing
fee for each spayed and neutered dog.
(3)
The annual license fee must add a surcharge of $3 to the licensing
fee for each unspayed and unneutered dog.
