[HISTORY: Adopted by the Town Board of the Town of Clayton as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-13-1974 by Ord. No. 1-1974]
No person shall allow or permit any horses, cattle, sheep, fowl or any other domestic animals to run at large in the Town of Clayton at any time.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who witnesses a violation of any portion of § 98-1, as set forth above, may file a signed complaint under oath with the Town Justice for the Town of Clayton against the owner or person having custody of the animal or animals as set forth in § 98-1. Said complaints shall specify the animals involved, the location, the reported owner or person harboring the same. Upon receipt of and signing said complaint, the Town Justice shall inquire into said complaint at a hearing upon written notice of not less than three days to the owner of said animals if the owner be within the territorial jurisdiction of the court.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Upon conviction after arraignment or trial and the proceedings brought on behalf of the Town, any person found violating any provision of this article may be punished by a maximum fine of $250 or by imprisonment for not more than 15 days, or both.
If any section, paragraph, subdivision, clause, or provision of this article shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, or clause of the provision so adjudged and the remainder of this article shall be deemed valid and effective.
[Adopted 11-10-2010 by L.L. No. 1-2010; amended in its entirety 4-26-2017 by L.L. No. 3-2017]
"Dog Licensing and Control Law of the Town of Clayton."
A. 
All terms not specifically defined herein shall have the meaning assigned to such terms within § 108 of Article 7 the Agriculture and Markets Law of the State of New York.
B. 
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York in force as of the effective date of this article, and as may thereafter be amended from time to time.
DANGEROUS DOG
As also defined in Article 7, means any dog which, without justification:
(1) 
Attacks a person or companion animal and causes physical injury or death; or
(2) 
Behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious injury or death to a person, companion animal or domestic animal; or
(3) 
Without justification, attacks a service dog, guide dog or hearing dog and causes physical injury or death.
DOG
Any member of the species canis familiaris.
DOG CONTROL OFFICER
An individual appointed by the Town to assist in the enforcement of this article.
IDENTIFICATION TAG
A tag issued by the Clayton Town Clerk which sets forth an identification number, name of the municipality and state, contact information for the Town Clerk and such other information deemed necessary by the municipality.
OWNER
Any person who harbors or keeps any dog, is entitled to claim lawful custody and possession of a dog, who is responsible for purchasing the license for such dog. 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 deemed to be the owner of such dog.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant to this article, 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.
PERSON
Any individual, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.
RESIDENT
Any individual who maintains a residence within the Town of Clayton, County of Jefferson, State of New York.
SERVICE DOG
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.
TOWN
The Town of Clayton, County of Jefferson, State of New York.
TOWN BOARD
The Town Board of the Town of Clayton.
TOWN CLERK
The Town Clerk of the Town of Clayton.
A. 
Licensing requirements and application.
(1) 
No person shall own or possess a dog within the Town unless such dog is licensed and identified as provided in Article 7 of the New York State Agriculture and Markets Law and this article. All dogs within the Town that are four months of age or older, unless otherwise exempted, shall be licensed. No license shall be required for any dog which is under the age of four months.
(2) 
Application. The owner of any dog requiring licensure shall obtain, complete and return to the Town Clerk of the Town a dog license application together with the application fee, proof of spay or neuter, any applicable license surcharges and such additional fees as may be established by the Town, pursuant to the authority of this article. The application for license shall be on a form prescribed by and available from the Town Clerk, either in person or by mail. In no event will there be refunds of fees.
(3) 
Licenses issued by animal shelters and pounds. The Town does not allow the licensing of dogs by a shelter. The shelter must send any prospective adopter to the Clayton Town Clerk for licensing before the adoption is complete.
(4) 
Grace period for dogs licensed in New York City or outside New York State. Any dog harbored within the Town 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 consecutive days while within the Town, be exempt from the licensing and identification provisions of this article.
(5) 
No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately apply for a new license for the dog. A license cannot be transferred to another dog.
B. 
Proof of vaccination against rabies. 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.
C. 
Purebred dog license and fee. There will be no distinct purebred licenses as provided for by the state. Any purebred licenses previously issued will now be required to comply with this article.
D. 
Term of license and renewals. Each license issued pursuant to this article shall be valid for a period of one year and shall expire on the last day of the last month of the period for which it was issued. No license shall be issued for a period expiring after the last day of the 11th month following the expiration date of the current rabies certificate for the dog being licensed.
A. 
Schedule of fees. The Town Board of the Town of Clayton, County of Jefferson, is hereby authorized to adopt and establish by resolution a schedule of fees for dog license, enumeration, impoundment and replacement tags. The Town Board may exercise its authority under this section to adopt and amend such schedule of fees as it deems appropriate.
B. 
Administration. All fees collected will be used in funding the administration of this article.
C. 
Service dog exemption from license fees. There shall be no fee for any license issued for the following types of dogs, as defined in Article 7 of the State Agriculture and Markets Law: guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog and therapy dog. Each license for such dog shall be conspicuously marked either "Guide Dog, "Hearing Dog," "Service Dog," "Working Search Dog," "War Dog," "Detection Dog," "Police Work Dog" or "Therapy Dog," as may be appropriate.
D. 
Surcharges. In addition to the license fee charged in accordance with Subsection A of this section, the Town of Clayton is required to provide for the assessment of an additional surcharge of at least $1 for altered dogs and at least $3 for unaltered dogs. Such surcharges shall be submitted to the Commissioner of New York State Agriculture and Markets for the purpose of carrying out animal population control efforts.
A. 
Upon validation by the Town Clerk, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereof.
B. 
The Town Clerk shall assign to each dog a permanent municipal identification number when it is first licensed. Such identification number shall be carried by the dog on an identification tag which shall be affixed to the collar of the dog at all times.
C. 
An identification tag is not required to be worn while the dog is participating in a dog show.
D. 
The official permanent identification number shall constitute the official identification of the dog to which it is assigned, regardless of changes of ownership, and the number shall not be reassigned to any other dog during the lifetime of the dog to which it is assigned.
E. 
No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which the number has been assigned.
F. 
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no charge. Replacement tags shall be obtained by the owner at the owner's expense, pursuant to the schedule of fees established by the Town Board.
A. 
Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. The original issued identification tag shall remain the same for the life of the dog.
B. 
In the event of a change in ownership of any dog which has been assigned an official identification number or in the event of a change of address of the owner of record of any such dog, the owner of record shall, within 10 days of such change, notify the Town Clerk.
C. 
If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, notify the Town Clerk.
D. 
In the case of a dog's death, the owner of record shall so notify the Town Clerk no later than the expiration date of the license.
It shall be unlawful for any owner of any dog in the Town to permit or allow any dog to:
A. 
Run at large unless the dog is under the full control of its owner or a responsible person with the owner's permission. For the purpose of this article, a dog in the company of a hunter shall be considered as accompanied by its owner.
B. 
Engage in habitual and loud howling, barking, crying or whining or conduct as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog.
C. 
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property without the consent or approval of the owner.
D. 
Chase, jump upon or at, or otherwise harass any person in such manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm.
E. 
Habitually chase, run alongside or bark at 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.
F. 
Create a nuisance by defecating, urinating or digging on public property, or on private property without the consent or approval of the owner of such property.
G. 
Be off the owner's premises or unrestrained by a leash when in heat.
A. 
The Town Dog Control Officer, peace officer or police officer may seize a dog as follows:
(1) 
Any unlicensed dog whether on or off owner's premises;
(2) 
Any dog not wearing a tag which is not on the owner's premises; and
(3) 
Any dog found to be in violation of § 98-11A through G of this article, such dog to be kept and managed in accordance with the provisions of Article 7 of New York State Agriculture and Markets Law and in conformity with any order of the Town Justice of the Town of Clayton.
B. 
The Dog Control Officer or peace officer observing a violation of this article shall issue an appearance ticket for such violation.
C. 
Any person who observes a dog in violation of this article may file a complaint under oath with the Town of Clayton Justice Court specifying the nature of the violation, the date thereof, a description of the dog and the name and residence of the owner, if known. Such complaint may serve as a basis for enforcement of the provisions of this article.
A. 
It shall be a violation, punishable as provided in Subsection B of this section, for:
(1) 
Any owner to fail to license any dog.
(2) 
Any owner to fail to have any dog identified as required by this article.
(3) 
Any person to knowingly affix to any dog any false or improper identification tag, or tag for identifying guide, service or hearing dogs.
(4) 
Any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose under this article.
(5) 
Any person to furnish false or misleading information on any form to be required to be filed with the Town of Clayton.
(6) 
The owner or custodian of any dog to fail to exercise due diligence in handling his or her dog that results in harm to any guide, hearing or other service dog.
(7) 
Any owner of a dog to fail to notify the municipality in which his dog is licensed of any change in ownership or address.
B. 
It shall be the duty of the Clayton Dog Control Officer to bring an action against any person who commits any violation set forth in Subsection A of this section. The Town of Clayton may elect to prosecute such action as a violation under the Penal Law or to commence an action to recover in a civil action.
(1) 
First violation: a fine of no less than $25.
(2) 
Second offense within a five-year period: a fine of no less than $50.
(3) 
Third or subsequent offense within a five-year period: a fine of no less than $100.
This article shall supersede all prior inconsistent local laws, ordinances, rules and regulations relative to the licensing and control of dogs within the Town. All prior inconsistent local laws, ordinances, rules and regulations shall be, upon the effectiveness of this article, null and void.
The provisions of this article are declared to be severable, and if any section, subsection, sentence, clause or part thereof is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses or part of this article.
This article shall be effective June 1, 2017 after filing with the Secretary of State.