Town of Collins, NY
Erie County
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Table of Contents
Table of Contents
[Adopted 6-21-2004 by L.L. No. 1-2004]
This Part 1 shall be known and may be cited as the "Animal Control Law of the Town of Collins, New York."
The purpose of this article is to protect the citizens of Collins from the threat of injury, illness, damage to personal and public property, and disturbance of the peace, due to the uncontrolled behavior of licensed and unlicensed animals, and to protect animals from neglect and abuse.
No person who is the owner of, or has control over, any animal, fowl, or reptile shall permit or allow such animal, fowl, or reptile to run at large on any public highway, public place, or private property of another person without his or her permission; provided, however, that dogs shall be further regulated as provided in Article II of this Part 1.
A. 
No person shall keep, harbor, or permit to be kept or harbored any cats in excess of four over four months of age in any dwelling.
B. 
No person shall keep, harbor, or permit to be kept or harbored any dogs in excess of three over four months of age on any premises, unless specifically permitted under Chapter 305, Zoning, of the Code of the Town of Collins. For purposes of this section, "premises" shall be defined as an individual living unit/dwelling, or individual business or manufacturing unit, and any land parcels accompanying that living unit/dwelling, individual business or manufacturing unit. Harboring four or more dogs requires a kennel permit per Chapter 305, Zoning, Article VII, § 305-38, of the Municipal Code.
Any violation of this article shall be punishable as provided in § 1-3 of the Code of the Town of Collins.
A. 
As used in this article, unless the context or subject matter otherwise requires:
AT LARGE
Any dog that is not leashed or otherwise restrained 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 from the owner or lessee of said property.[1]
DOG
Any member of the species Canis Familiaris.
OWNER
Any person entitled to claim lawful custody and possession of a dog and who is responsible for purchasing the license for such dog, unless the dog is or has been lost, and such loss was promptly reported to the Dog Control Officer and a reasonable search has been made. If a dog is not licensed, the term "owner" shall designate and cover any person or persons, firm, association or corporation, who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any dog which is kept, brought, or comes within the Town. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be held and deemed to be the owner of such dog for the purpose of this article. In the event the owner of any dog found to be in violation of this article shall be under 18 years of age, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of the said dog and violation of this article.
DOG CONTROL OFFICER
An 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
All other words and phrases used in this article shall for the purposes of this article have the meanings respectively ascribed to them by § 108 of the Agriculture and Markets Law.
No person who is the owner of a dog shall permit same to run at large.
A. 
No person being the owner or agent of the owner of any dog shall permit such dog to commit any nuisance within the Town of Collins or cause damage to the person or property of others. For the purposes of this article, "nuisance" shall be defined as causing, or acting so as to possibly cause, injury or damage to person or property, disturbing the peace, causing an annoyance, or chasing or worrying any animal.
B. 
The following are declared public nuisances as set forth herein for explanatory purposes only, and are not to be considered as excluding other types of nuisances:
(1) 
Engaging in habitual barking, howling or whining, which can be heard by any person, including a law enforcement officer or Dog Control Officer, from a location outside of owner's premises. For purposes of this section, the term "habitual" shall mean such behavior for continual or repeated intervals of at least seven minutes with less than two minutes of interruption during said interval.
(2) 
Chasing and/or barking at moving vehicles, whether motorized or not, or persons on foot.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Jumping upon any person or knocking any person over,
(4) 
Being found upon the school grounds of any school within the Town of Collins during the time of year when said schools are in session and between one hour prior to commencement of the school day, to one hour after the end of the school day, or upon a playground within the Town of Collins at any hour during the time of year when playground activities are conducted.
(5) 
Causing damage to public property or private property of others, including defecating or urinating, digging, or committing any other nuisance. Any fecal matter must be immediately removed from premises.
The Dog Control Officer and any person authorized by the Town to assist in the enforcement of this article and Article 7 of the Agriculture and Markets Law shall have the authority to issue an appearance ticket, or to impound any dog in violation of any section of this article, whether offense is brought to his/her attention upon the complaint of any person aggrieved or upon his/her own initiative. Impoundment procedures shall be in accordance with Article 7, § 117, of the Agriculture and Markets Law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any violation of the provisions of this article shall be deemed an offense, and any person found guilty of such violation shall be liable for a fine of not more than $50 for the first offense in one year, not more than $250 for the second offense to occur within one year, and not more than $500 for the third offense to occur within one year. Any person who is found guilty of more than three offenses within one year shall have all dogs in their possession impounded, and shall be fined $500 or imprisoned for not more than 15 days, or both.
[Amended 2-16-2011 by L.L. No. 1-2011[1]]
Pursuant to Agriculture and Markets Law § 117, Subdivision 4, the Town of Collins shall establish impoundment fees from time to time by resolution of the Town Board.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Original § 54.27 of the 1987 Code, Dog license fees, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).