[HISTORY: Adopted by the Town Board of the Town of North
Collins as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-8-2010 by L.L. No. 1-2010]
The purpose of this article shall be to preserve the public
peace and good order in the Town of North Collins and to promote the
public health, safety and welfare of its people by enforcing regulations
and restrictions on the activities of dogs that are consistent with
the rights and privileges of dog owners and the rights and privileges
of other citizens of the Town of North Collins and to provide for
the processing and issuance of dog licenses and other delegated functions
by the North Collins Town Clerk and Dog Control Officer pursuant to
amendments to Article 7 of New York State's Agriculture and Markets
Law, by Part T of Chapter 59 of the Laws of 2010.
As used in this article, the following terms shall have the
meanings indicated:
A person or persons appointed by the Town for the purpose
of enforcing this article.
An unleashed dog off the premises of the owner.
Both male and female dogs.
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town of North Collins and State
of New York and municipal contact information (including phone number)
and such other information as deemed appropriate by the Town Clerk.
Restrained by a leash attached to a collar or harness of
sufficient strength to restrain the dog and which shall be held by
a person having the ability to control the dog.
Includes any person who keeps, harbors or has custody, care
or control of a dog. Dogs owned by minors shall be deemed to be in
the custody and control of parents or other heads of household where
the minor resides. Any person harboring a dog for a period of one
week shall be deemed to be the "owner" of the dog for the purposes
of enforcing this article.
It shall be unlawful for any owner of a dog in the Town of North
Collins to permit or allow such dog to:
A.
Engage in habitual loud howling, barking or whining or to conduct
itself in such a manner as to habitually annoy any person other than
the owner or harborer of the dog.
B.
Cause damage or destruction to public or private property or otherwise
commit a nuisance upon property other than that of the owner or harborer
of the dog.
C.
Bite, chase, jump upon or otherwise harass any person in such a manner
as to cause intimidation or to put such a person in reasonable apprehension
of bodily harm or injury.
D.
Kill or injure any dog, cat or other household pet.
F.
Not have a current and valid Town identification tag on its collar
while at large, whether or not restrained by an adequate leash.
All female dogs shall be confined to the premises of their owners
while such are in season (heat) and may not be left outside unattended.
Any owner not adhering to this rule will be subject to having the
dog seized by the Animal (Dog) Control Officer and removed to a safe
place of confinement.
All premises occupied or used by dogs shall be kept in a clean,
sanitary condition. Failure to provide adequate food, water or space
shall subject dogs to seizure and confinement. "Adequate" shall mean
sufficient for the age, size and number of dogs on the premises. Upon
conviction of the owner or harborer, the dogs become the property
of the Town of North Collins, to be released to an authorized humane
society, veterinarian or kennel for adoption or euthanasia.
Upon taking custody of any animal, the Animal (Dog) Control
Officer shall make a record of the matter. The record shall include
the date of pickup, breed, general description, sex, identification
numbers, time of pickup, location of release and name and address
of the owner, if any.
A.
If a dog seized is not wearing an identification tag (license tag),
it shall be held for a period of no less than five days.
B.
If a dog seized is wearing an identification number, the owner shall
be promptly notified, either in person or by certified mail. If the
owner is notified in person, the dog shall be held for a period of
no less than seven days; of notified by mail, no less than nine days.
C.
The owner of the dog shall be responsible for any impoundment fee
established by the Town plus any other expenses incurred by the municipality
to humanely care for the dog.
D.
If not redeemed, the owner shall forfeit all title to the dog, and
it shall be released to an authorized humane society or kennel to
be adopted or euthanized.
Any person who observes a dog in violation of any section of
this article may file a signed complaint, under oath, with a Justice
of the Town of North Collins, or with the authorized Animal (Dog)
Control Officer or any peace officer, specifying the violation, the
date of violation and the damage caused and including the place(s)
the violation occurred and the name and address of the dog owner,
if known.
Any person or persons who are or may be lawfully authorized
by the Town of North Collins shall and all peace officers may administer
and enforce the provisions of this article and for the purpose shall
have the authority to issue summonses or appearance tickets and to
seize dogs, either on or off the owner's premises, if witnessed
to be in violation of this article.
Unless otherwise provided in the Agriculture and Markets Law,
a violation of this article shall constitute a violation as defined
in the Penal Law of the State of New York and shall be punishable
by a fine of not more than $25 for the first violation, $50 for the
second violation and not more than $75 for a third violation.
No person shall hinder, resist or oppose the Dog Control Officer,
peace officer or other person(s) authorized to administer or enforce
the provisions of this article in the performance of the officer's
duties under this article.
The owner or harborer of any dog so destroyed under the provisions
of this article, whether destroyed by the Animal (Dog) Control Officer
or a peace officer or released to an authorized humane society or
veterinarian, shall not be entitled to any compensation, and no action
shall be maintainable thereafter to recover the value of such dog
or any other type of damage.
Applications for a license or license renewal shall be accompanied
by a nonrefundable processing fee in an amount as shall be set forth
from time to time by the resolution of the Town Board, provided that
a five-dollar differential must be maintained between altered versus
unaltered dogs. A surcharge of at least $1 for altered dogs and at
least $3 for unaltered dogs, or as established by Article 7 of the
Agriculture and Markets Law, shall be collected by the Town Clerk
and paid over to the agency designated pursuant to Article 7 of the
Agriculture and Markets Law to be used for animal population control
efforts.
A.
There shall be no license fee for any guide dog, hearing ear dog,
service dog, war dog or police work dog.
An application for a license or renewal shall be in the form
prescribed by the Town Clerk and shall provide the following minimum
information:
A.
Name, residence address and telephone number for each owner;
B.
The name, sex, approximate age, breed, color, markings and other
identifying details of the dog;
C.
Veterinarian's statement of spaying or neutering; and
D.
Rabies certification;
E.
Such other information or documentation deemed necessary by the Town
Clerk to effectuate the purpose of this article.
All licenses issued pursuant to this article, and any renewal
thereof, shall expire on the last day of the last month of the period
for which they are issued, except that no license or renewal shall
be issued for a period expiring after the last day of the eleventh
month following the expiration date of the current rabies certificate
for the dog being licensed. In the event an applicant for a license
or renewal presents a statement certified by a licensed veterinarian,
in lieu of a rabies certificate, then the license or renewal shall
be issued for one year from the date of the statement.
Any dog found to be "at large" and seized by any dog control
officer or peace officer shall be held for the redemption period provided
herein and may be redeemed by the owner within the time and in the
manner prescribed by § 117 of Article 7 of the Agriculture
and Markets Law of the State of New York provided that the owner pays
the following impoundment fees:
A.
Twenty-five dollars for the first impoundment of any dog owned by
that owner and $10 for each additional 24 hours or part thereof.
B.
Fifty dollars for the second impoundment of any dog owned by that
same owner and $10 for each additional 24 hours or part thereof.
C.
Seventy-five dollars for the third impoundment of any dog owned by
that same owner and $10 for each additional 24 hours or part thereof.
D.
One hundred dollars for the fourth and subsequent impoundments of
any dog owned by that same owner and $10 for each additional 24 hours
or part thereof.
It shall be the duty of the Dog Control Officer of the Town
of North Collins to enforce the provisions of this article. The Dog
Control Officer shall have all the powers of a peace officer in enforcing
the provisions of this article. In addition, the Dog Control Officer
may serve any process related to any proceeding, whether criminal
or civil in nature, including an appearance ticket undertaken in according
with the provisions of this article.
Any person owning, possessing or harboring a dog four months
of age or over in the Town of North Collins shall be required to have
the dog vaccinated to prevent the spread of rabies.
This article shall constitute part of the Town Code of the Town
of North Collins and shall take effect upon the filing in the office
of the Secretary of State of New York and shall not be implemented
before January 1, 2011.
