Town of Alden, NY
Erie County
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Table of Contents
Table of Contents
As used in this article, the following terms shall have the meanings indicted:
AT LARGE
Any dog that is 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 guide dog actually leading a blind person, a police work dog in use for police work, or a dog accompanied by its owner or other responsible person and actively engaged in hunting or training for hunting on unposted land or posted land with the permission of the owner of the land or leashed as prescribed by § 143-3.
HARBORER
The person who provides sustenance and shelter for any dog, whether or not such person shall be the owner.
KENNEL
The keeping, breeding or boarding of more than two dogs over the age of six months old shall constitute a "kennel."
OWNER
The person who is recorded in the Town Clerk's office as the applicant for the license for a dog, if such animal shall be licensed, or the person who provides sustenance and shelter for such animal.
A. 
No person, firm or corporation owning, keeping, harboring or having the care, custody or control of any dog or dogs shall allow or permit any such dog or dogs to be off the premises of such person, firm or corporation (at large) and in the Town of Alden unless restrained by a chain or leash not exceeding six feet in length. Whenever any dog is found off the premises of the person, firm or corporation owning, keeping, harboring or having the care, custody or control of such dog not controlled or restrained as above provided, it shall be presumed that such person, firm or corporation permitted or allowed such dog or dogs to be off the premises in violation of this section. This provision shall not apply to a hunting dog in company with a duly licensed hunter who is able to and does control the animal, provided the hunting does not take place on any property which is a public park or school property, or to a guide dog, service dog or working dog who is exempted from licensing fees pursuant to Agriculture and Markets Law § 110, when actually engaged in such service activity.
B. 
No owner or harborer of a dog shall permit or allow such dog to engage in habitual loud howling or barking or to conduct itself in such manner as to habitually annoy any person other than its owner or harborer. Specifically, no dog shall be allowed to bark or howl for a period in excess of 15 consecutive minutes when said barking is audible from beyond the property line of the owner's residence.
C. 
No person shall deliberately, carelessly or negligently provoke a dog into barking, thereby disturbing the peace and quiet of a neighborhood by annoying the residents thereof.
D. 
No person, firm or corporation shall own, keep, harbor or have the care, custody or control of any dog not licensed as required by Article 7 of the Agriculture and Markets Law of the State of New York.
E. 
No owner or harborer of a dog shall permit or allow such dog to cause damage or destruction to property or to urinate or defecate or to commit any other nuisance upon the premises of a person other than his/her own.
F. 
No owner or harborer of a dog shall allow such dog to habitually chase motor vehicles or bicycles or other conveyances, including pedestrians and joggers.
G. 
No owner or harborer of a dog shall fail to have such dog receive the mandatory rabies vaccinations as required pursuant to the provisions of Article 21, Title IV, of the Public Health Law.
H. 
No owner or harborer of a dog shall permit more than two dogs six months or older to reside on any property unless the property has obtained a kennel special use permit. If at the time of the effective date of this article, an owner or harborer, when such owner or harborer does not breed and/or sell dogs and maintains his/her dogs as family pets, has more than two dogs over six months of age residing on the premises, the dogs then residing there shall be permitted to reside there for as long as they live but cannot be replaced without the owner or harborer first obtaining a kennel special use permit if their replacement would result in there being more than two dogs over six months of age residing on the premises. All owners or harborers who breed dogs and/or sell dogs shall be subject to this article upon the effective date of this article and are required to make immediate application for and to obtain a kennel special use permit.
No person shall hinder, resist or oppose any properly designated official or representative of the Town in the performance of his/her duties under this article.
A. 
It shall be the duty of the Dog Control Officer or any other Town agent or employee designated by the Town Board hereafter to seize or take control of any dog found running at large or unrestrained contrary to the provisions of § 143-3A and to impound said dog in a suitable place.
B. 
In the use of any weapon or device for dog control, including, but not limited to, netting, trapping, snaring, tranquilizing or firearm use (by a licensed official), the Dog Control Officer shall employ the most humane method possible under the circumstances.
C. 
The Dog Control Officer, seizing and impounding any dog shall make a complete registry and file the same in the office of the Town Clerk entering therein the breed, color, sex and any distinguishing marks of such dog and whether licensed If licensed, he shall enter the license number and the name and address of the owner.
D. 
The Dog Control Officer shall seize and quarantine for 10 days any dog in the Town of Alden who bites any person or animal, when proof of the biting dog's rabies vaccination is not immediately available upon demand of the Dog Control Officer.
[Added 10-1-2012 by L.L. No. 1-2012]
In the event that the owner or harborer shall be a minor under the age of 16 years, then the head of the household in which such minor resides shall be deemed to have the care, custody and control of said dog and shall be responsible for any acts in violation of this article.
A. 
This article shall be enforced by the Dog Control Officer and any other Town agent or employee designated by the Town Board hereafter. The Dog Control Officer shall have all the powers of a peace officer in enforcing the provisions of this article and the provisions of the Agriculture and Markets Law.
B. 
The Dog Control Officer and any other Town agent or employee designated by the Town Board hereafter are authorized to sign and issue any complaint, information, affidavit or notice in connection with the prosecution of any violation of this article.
C. 
The Dog Control Officer and any other Town agent or employee designated by the Town Board hereafter are authorized to enter upon any lands upon which a dog is kept or harbored and to require the display by the person owning or having charge or control of such dog of the license tag for such dog.
D. 
If an issued summons is disregarded by the person receiving it, the Town Justice may permit the filing of an information and issue a warrant for the arrest of such person.
A. 
Any person, firm or corporation violating any provision of this article shall be guilty of an offense punishable as set forth in § 118 of the Agriculture and Markets Law except that in the case of a violation of § 143-3G such person shall also be in violation of Article 21, Title IV of the Public Health Law and the penalties as provided for therein.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Any person, firm or corporation taking part in or assisting in any violation of this article shall be subject to the penalties herein.
C. 
Each day that a violation of this article is committed or is permitted to exist shall constitute a separate offense.
D. 
Penalties shall be in accordance with the Agriculture and Markets Law and the following maximums: $250 and/or 15 days' imprisonment for each offense. Any person taking part or assisting in any violation of this article shall also be subject to the penalties herein. The prosecution of a violation of § 143-3 shall be in lieu of a civil action pursuant to the New York State Agriculture and Markets Law § 118, Subdivision 2.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Seized dogs.
[Amended 10-1-2012 by L.L. No. 1-2012[3]]
(1) 
If a dog seized under provisions of § 143-3 is not redeemed within five business days, the owner shall forfeit all title to such dog and the dog shall be sent to the SPCA or destroyed by the peace officer or representative of the Commissioner of Agriculture and Markets, and pay any established fines and/or fees. Anyone who picks up an at-large dog in the Town of Alden must notify the Dog Control Officer of Alden (or his/her assistant) and surrender the dog upon request, before removing the dog from the Town, subject to fine. Fees include veterinarian bills, license fees and maintenance fees of the dog and shall be as set forth in Agriculture and Markets Law § 117, Subdivision 4. There shall be a fee for the euthanasia and disposal of a dog, which shall be in an amount equal to the cost incurred by the Dog Control Officer in providing this service.
(2) 
If a dog is seized under the provisions of § 143-5D, the owner shall pay all veterinarian bills, licenses fees and maintenance fees of the dog, which shall be as set forth in Agriculture and Markets Law § 117, Subdivision 4. There shall be a fee for the euthanasia and disposal of a dog, which shall be in an amount equal to the cost incurred by the Dog Control Officer in providing this service. For dogs not redeemed after 12 days, the owner shall forfeit all title to such dog, and the dog shall be sent to the SPCA or destroyed by the peace officer or representative of the Commissioner of Agriculture and Markets; and the owner shall pay any established fines and/or fees.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Fees and penalties for failure to license a dog.
[Amended 10-1-2012 by L.L. No. 1-2012]
(1) 
If the Dog Control Officer of the Town discovers that an owner or harborer has an unlicensed dog, the Dog Control Officer shall proceed as a civil matter and shall notify the owner or harborer that he or she is in violation of the Town of Alden Code, Chapter 143, Dogs, Article I, Licensing, § 143-1A, and the owner or harborer shall have five days to obtain a license. At the time that the normal license fee is paid, such owner or harborer shall pay an additional processing fee as set in the Town Fee Schedule.[4] If the owner or harborer shall not obtain a license within said five-day period, the Dog Control Officer will commence a criminal proceeding with the Town Court.[5]
[4]
Editor's Note: The current Fee Schedule is on file in the office of the Town Clerk.
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Any fees and penalties collected under this section shall be maintained in an account by the Town of Alden to be used to fund future dog enumerations performed by the Town of Alden.
No officer, agent or employee of the Town of Alden shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his/her duties under this article. Any suit brought against any officer, agent or employee of the Town of Alden as the result of any act required or permitted in the discharge of his/her duties under this article shall be defended by the Town Attorney until the final determination of the proceedings thereon.