[HISTORY: Adopted by the Town Board of the Town of Hartford 12-14-2010 by L.L. No.
7-2010, effective 1-1-2011. Amendments noted where applicable.]
The Town of Hartford finds that the running at large and other
uncontrolled behavior of dogs has caused physical harm to persons,
damage to property and created nuisances within the Town. The purpose
of this chapter is to protect the health, safety and well-being of
persons and property by imposing restrictions and regulations upon
the keeping or running at large of dogs and the seizure thereof within
the Town.
This chapter is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law, as amended by Chapter 59, Part
T, of the Laws of 2010, and the Municipal Home Rule Law.
The title of this chapter shall be "Dog Control Local Law of
the Town of Hartford."
As used in this chapter, the following terms shall have the
meanings indicated:
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: (a) accompanied by and
under the immediate supervision and control of the owner or other
responsible person; (b) a police work dog in use for police work;
or (c) 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 dog that conducts itself so as to cause bodily harm and
injury or to put any person in reasonable apprehension of such bodily
harm and injury, or any dog which attacks, chases or worries any domestic,
farm or companion animal, as defined in § 108 of the Agriculture
and Markets Law.
Any person authorized by the Town Board of the Town of Hartford
from time to time to enforce the provisions of this chapter or the
provisions of the Agriculture and Markets Law.
To provide food or shelter to any dog.
A dog that is equipped with a collar of sufficient strength
attached to a leash not more than 15 feet long, which leash shall
be held by a person having sufficient ability to control and restrain
the dog by means of a collar and leash.
Any person who harbors or keeps any dog or has the care,
custody or control of any dog or any person who licensed the dog.
In the event any dog found in violation of this chapter shall be owned
by a person under 18 years of age, the owner shall be deemed to be
the parent or guardian of such person (or the head of the household
in which said person resides). The term "owner" shall also include
any corporation, association or entity that harbors or keeps or has
the care, custody or control of any dog in the Town.
A dog under the care and control of any law enforcement agency
and used primarily for law enforcement investigations and related
work. The provisions of this chapter shall not apply to any police
work dog.
Any dog that is trained to aid a person with a disability
and is actually used for this purpose, otherwise known as a "guide
dog."
A.
Requirement. All dogs in the Town of Hartford that are four months
of age or older shall be licensed with the Town Clerk of the Town
of Hartford. Any person applying for a dog license shall present a
current certificate of rabies vaccination or a statement from a licensed
veterinarian that such vaccination would endanger the dog's life,
in which case vaccination shall not be required, at the time of making
an application for a license or for the renewal of an existing license.
B.
Expiration of license. All dog licenses shall be valid for a period
of one year and shall expire at the end of the month one year from
the date of issuance.
C.
Fees. The fees below shall be reviewed by the Town Board periodically
and may be changed by resolution of the Town Board, as necessary.
(1)
The licensing fee for a spayed or neutered dog shall be $4.50, which
fee includes the assessment of a surcharge of $1 for the purpose of
carrying out a program of animal population control.
(2)
The licensing fee for an unspayed or unneutered dog shall be $17.50,
which fee includes the assessment of a surcharge of $3 for the purpose
of carrying out a program of animal population control.
(3)
The charge for replacement tags shall be $3.
(4)
When the Town Board determines the need for a dog enumeration, a
fee of $5 will be assessed to the owner of any dog found unlicensed
or for which the license has not yet been renewed at the time the
enumeration is conducted.
D.
Service dogs. The Town of Hartford exempts guide, hearing, service,
war, working search, detection, police and therapy dogs, as defined
in Article 7 of the Agriculture and Markets Law of the State of New
York, from payment of the licensing fees.
E.
Purebred license. The Town of Hartford shall not issue purebred or
kennel licenses. All dogs shall be licensed individually in accordance
with the fees stated herein.
F.
Shelters. The Town of Hartford does not allow the licensing of dogs
by a shelter. The shelter shall be required to send adoptive dog owners
to the Clerk of the municipality in which the dog will be harbored
for licensing or to the Town Clerk of the Town of Hartford where the
shelter is located for the purchase of the license for adoption purposes.
G.
All dog licenses shall be purchased in person at the Town offices
or by regular mail. If licensing or renewing a license by mail the
appropriate fees must accompany the application. There shall be no
refund of fees.
H.
All fees will be used in funding the administration of the Dog Control
Law of the Town of Hartford.
It shall be unlawful for any owner of any dog to permit or allow
such dog, in the Town of Hartford, to:
A.
Be at large;
B.
Cause damage or destruction to property or commit a nuisance by defecating
or urinating or scavenging through refuse upon the premises of a person,
other than the owner of such dog, unless the owner of said premises
has given permission therefor;
C.
Chase, jump on or at or otherwise harass any person in such a manner
as would reasonably cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury;
D.
Habitually chase, run alongside of motor vehicles or bicycles; or
E.
Attack, chase or worry any domestic, farm and/or companion animal,
as defined in § 108 of the Agriculture and Markets Law;
F.
Habitually chase motor vehicles, motorcycles or bicycles while on
a public street, highway or place, or upon private property without
the consent or approval of the owner of such property;
G.
Be off the premises of the owner unless restrained by a leash to
be held by a person of sufficient strength and ability to adequately
restrain the dog. Such dog may be unleashed while off the owner's
or harborer's premises only on such occasions as when such dog is
on the private premises of another with the knowledge, consent and
approval of such person; or
H.
To continually bark or howl, which barking and/or howling is audible
beyond the property line of the premises on which the dog is located:
1) for more than five minutes between the hours of 10:00 p.m. and
8:00 a.m.; or 2) for more than 15 minutes between the hours of 8:00
a.m. and 10:00 p.m.; or 3) for a shorter duration than cited above,
but on more than five occasions within a given ten-day period if attested
to by complainants from two or more separate properties. It shall
be a defense to such violation if the owner of the dog proves by a
preponderance of the evidence that the only reason the dog was howling
or barking was that the dog was being provoked by a person or was
otherwise being incited or was acting as a guide dog, hearing dog,
service dog or police work dog. In order to abate the nuisance created
by a dog howling or barking in violation of this chapter, the Dog
Control Officer may enter the yard and may seize any such dog from
the yard where the violation is occurring if the Dog Control Officer
is unable to contact the owner or if the owner is unable or unwilling
to take action to stop the howling or barking.
A.
The Dog Control Officer or other law enforcement officer observing
a violation of this chapter in his presence shall issue and serve
an appearance ticket for such violation. The Dog Control Officer shall
enforce the provisions of this chapter pursuant to Article 7 of the
Agriculture and Markets Law.
B.
The Dog Control Officer or other law enforcement officer may also
investigate and report to the Town of Hartford Court (the "Court")
any dangerous dog, as defined herein or as set forth in § 123
of the Agriculture and Markets Law, and see that the order of the
Court in such case is carried out.
A.
Any person who observes a violation of this chapter (including, without
limitation, the Dog Control Officer) may file a complaint under oath
with the Court specifying the objectionable conduct; the date(s) thereof;
the damage caused; a description of the dog; and the name and residence,
if known, of the owner of such dog.
B.
The Court shall have jurisdiction to hear all complaints filed as
herein provided and all actions and proceedings hereunder and of all
prosecutions for any violation of this chapter.
C.
Upon receipt by the Court of any complaint against the conduct of a particular dog, the Court may summon the alleged owner or other person harboring such dog to appear in person before the Court for a hearing, at which both the complainant and owner shall have an opportunity to be represented by counsel and to present evidence. If after such hearing the Court decides that a violation of the chapter has been committed, the Court may impose a penalty upon the violator as provided in § 40-10 of this chapter.
Procedures relating to dangerous dogs shall be in accordance
with the relevant provisions of the Agriculture and Markets Law.
A.
In the event of a complaint of an attack upon a person or of an attack,
chase or worrying of a domestic, farm or companion animal, the Court
shall immediately determine if there is probable cause to believe
that the dog is a dangerous dog and, upon so finding, shall order
the Dog Control Officer or law enforcement officer to immediately
seize the dog pending a judicial hearing conducted in accordance with
Agriculture and Markets Law.
B.
If satisfied that said dog is a dangerous dog, the Court may order
the Dog Control Officer or law enforcement officer to take any action
consistent with the provisions of the Agriculture and Markets Law,
including the destruction of the dog, or take any other action prescribed
herein. In the event that any person is bitten or scratched by said
dog, the Court shall order the dog tested for rabies or quarantined
for a period of 10 days. The rabies testing and/or quarantine shall
be at the owner's expense.
C.
In the event that the Court does not order the dog destroyed and
determines that said dog is a dangerous dog within the meaning of
the Agriculture and Markets Law, the owner of the dog may be required
by the Court to:
D.
Upon default of any of the conditions of a Court order, said dangerous
dog shall be dealt with in accordance with the law and without the
need for further process of the Court.
A.
Any person convicted of a violation of this chapter shall be liable
to a civil penalty not less than $25 for a first violation, not less
than $50 for a second violation and not less than $100 for a third
and each subsequent violation.
B.
In addition to the penalties imposed for violations of this chapter,
the person found to have violated this chapter must pay for the cost
of any seizure or kennel fees that may be required.
C.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
D.
Upon presentation of proof of payment of any and all fines and/or
penalties, the Dog Control Officer or other law enforcement officer
shall release any dog impounded to its owner or harborer, provided
that the release of the dog is consistent with any court determination
made with respect to the dog.
B.
The Dog Control Officer or any law enforcement officer in the employ
of or under contract to the Town may seize any dog in violation of
any local law relating to the control of dogs adopted by the Town
pursuant to Article 7 of the Agriculture and Markets Law.
C.
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.
D.
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 impoundment fees as set forth herein:
(1)
For the first impoundment: $10, plus the prevailing charge to the
Town of Hartford for each day of impoundment.
(2)
For the second impoundment: $20, plus a fee of $3 for each additional
twenty-four-hour period, plus the prevailing charge to the Town of
Hartford for each day of impoundment.
(3)
For the third and any subsequent impoundment: $30, plus a fee of
$3 for each additional twenty-four-hour period, plus the prevailing
charge to the Town of Hartford for each day of impoundment.
E.
If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection D of this section, whether or not such owner chooses to redeem his or her dog.
F.
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.
G.
No action shall be maintained against the Town, any dog control officer
or other law enforcement officer when acting pursuant to his special
duties, or any other agent or officer of the Town or person under
contract with said Town to recover the possession or value of any
dog, or for damages for injury or compensation for the destruction
of any dog seized or destroyed pursuant to the provisions of this
chapter or the Agriculture and Markets Law.
It shall be the responsibility of the Dog Control Officer to
maintain accurate records and to complete and submit the following
records to the Town Supervisor and Town Board of the Town of Hartford
on a monthly basis:
A.
A listing of all complaints, including the name, address and phone
numbers of each complainant and the type of complaint and the resolution
of each complaint.
B.
A separate log of each official action taken in each case.
C.
The number of dogs impounded.
D.
The number of dogs redeemed by their owner.
E.
A list of all expenditures incurred by the Dog Control Officer.
F.
The gross receipts collected by the Dog Control Officer.
G.
Form DL-18.
