Town of Urbana, NY
Steuben County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Urbana as indicated in article histories. Amendments noted where applicable.
[Adopted 1-18-2011 by L.L. No. 1-2011;[1] amended in its entirety 12-15-2015 by L.L. No. 2-2015]
[1]
Editor’s Note: This local law also superseded former Ch. 47, Dogs, which consisted of Art. I, Licenses, adopted 9-20-1979 by L.L. No. 2-1979, and Art. II, Dog Control, adopted 1-14-1980 by L.L. No. 1-1980, as amended.
A. 
The purpose of this article is to protect the health, safety, and well-being of persons, property and dogs by imposing restrictions within the Town. Any licensed or unlicensed dog found uncontrollable, showing unlawful behavior, causing physical harm to persons, or which has damaged property or created any nuisance within the Town will be found in violation.
B. 
This article is also a means to promote and educate owners for the welfare of the dog, to protect and ensure the condition of animals and how they are kept does not cause unwarranted stress for the residents, property or dog.
This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
The title of this article shall be the "Dog Control Law of the Town of Urbana."
[Amended 9-20-2016 by L.L. No. 4-2016]
Used in this article, the following words shall have the following respective meanings:
CRIME
A misdemeanor or a felony.
DOG
Male and female, licensed and unlicensed, members of the species Canis Familiaris.
DOG CONTROL OFFICER (DCO)
Person appointed by the Town of Urbana for the purpose of enforcing Article 7 of the NYS Agriculture and Markets Law and this article upon adoption.
MISDEMEANOR
An offense, other than a traffic infraction, for which a sentence to a term of imprisonment in excess of 15 days may be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed.
OWNER
The 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, association, 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 in and deemed to be the "owner" of such dog for the purpose of this article.
A. 
In the event that 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 said dog and violation of the article.
TOWN
The Town of Urbana.
VIOLATION
An offense, other than a traffic infraction, for which a sentence to a term of imprisonment in excess of 15 days cannot be imposed.
It shall be unlawful for any owner of any dog in the town to permit or allow such dog to:
A. 
Run at large unless the dog is accompanied by its owner or a responsible person and under the full physical control of such person. For the purpose of this article, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by its owner.
B. 
Engage in habitual loud howling, barking, crying, whining, or conducting itself in such a manner so as to cause stress to the animal and unreasonably and habitually disturb the comfort of any resident.
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 on or at, or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such a person in reasonable apprehension of bodily harm or bodily injury.
E. 
Habitually chase, run alongside of, or bark at motor vehicles, motorcycles, or bicycles while on a public street, highway, 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 of the owner of such property.
G. 
Limit the chaining and kenneling to no more than 12 hours per day. Any dog currently used as a hunting dog is exempt from this limitation. This code also requires any tether be at least 15 feet long attached in a way to prevent injury, strangulation or entanglement with other objects. No dogs will be tethered with any choke or prong collar.
H. 
Residents will be advised that the Town of Urbana will take action regarding dogs left out in extreme weather. For more details see Article 26, § 535-b of the NYS Agriculture and Markets Cruelty Law, Appropriate shelter for dogs left outdoors.
A. 
All dogs in the Town of Urbana must be licensed by the Town Clerk by the age of four months and owners are required to present a certificate of rabies at the time of licensing or the renewal of an existing license.
B. 
All dogs must wear a Town-issued identification tag.
C. 
All dog licenses will be for a period of one year and will expire at the end of the month one year from date of issue.
D. 
Fees for licensing of dogs: The fee for a spayed or neutered dog will be $10 (which will include the assessment surcharge of $1 for the purpose of carrying out animal population control) and the fee for an unspayed or unneutered dog will be $20 (which will include the assessment of a surcharge of $3 for the purpose of carrying out animal population control) with such fees being reviewed by the Town Board periodically and which may be changed by a resolution of the Town Board if deemed necessary.
E. 
The fee for a replacement tag will be $3 per tag.
F. 
A twenty-dollar late fee will be charged for a renewal received after the last day of the month it is due. If the license remains unpaid by the last day of the following month of which it was originally due, an appearance ticket will be issued.
G. 
Enumeration fee. When the Town Board determines the need for a dog enumeration, a fee of $5 will be assessed to owners of all dogs found to be unrenewed or unlicensed at the time of the enumeration.
H. 
The Town of Urbana will not issue purebred or kennel licenses. All dogs will be licensed individually as per the system stated above.
I. 
Service dogs. The Town of Urbana will require a license for all guide dogs, service dogs, hearing dog or detection dog which reside in the Town.
J. 
The Town of Urbana does not allow the licensing of dogs by an animal shelter. The shelter must send the adoptive dog owner to the Town Clerk of the town or City in which the dog will be harbored for licensing.
K. 
All dog licenses may be purchased by visiting the Town offices or by regular mail. If licensing or renewing by mail, the appropriate fee and certificate of rabies, if required, must accompany the forms. There will be no refund of fees.
A. 
The Dog Control Officer or any peace officer shall seize any unlicensed dog, whether on or off the owner's premises and any dog without identification which is not on the owner's premises. Such dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law. The Dog Control Officer or peace officer may also investigate and report to a Town Justice of the Town any dangerous dog, as described by Article 7 of the Agriculture and Markets Law, and enforce the order of the Town Justice.
B. 
The Dog Control Officer or peace officer having reasonable cause to believe that a person has violated this article shall issue and serve upon such person 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 a Town Justice of the Town, specifying the nature of the violation, the date thereof, a description of the dog, and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this article.
No person shall hinder, harass, 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 person's duties under the article.
A. 
Fees for seizure of dogs. The fees for seizure and impoundment of dogs in violation of this article, the New York State Agriculture and Markets Law and the regulations of New York State Department of Agriculture and Markets are as follows:
(1) 
First offense: The same impoundment and euthanasia fees per animal that are charged to the Town for such services; second offense: $60 plus the impoundment and euthanasia fees per animal. These fees will be reviewed periodically by the Town Board and may be changed by a resolution of the Town Board if deemed necessary.
B. 
A violation of any of the provisions of this article shall not constitute a crime, but rather a violation as defined in § 47-4. Any person, upon conviction under this article, shall be fined an amount not to exceed $100 for the first offense and an amount not to exceed $200 for the second or any subsequent offense reoccurring within a consecutive twelve-month period. Additionally, such person shall be subject to imprisonment for a term not to exceed 15 days for each offense or both such fine and imprisonment. The Court may issue a warrant for a person's arrest in the same manner as in a misdemeanor case. The continuation of any offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder."
C. 
Each week's continued violation shall constitute a separate violation.
D. 
Failure to appear in court may result in a bench warrant.
[Adopted 12-20-2016 by L.L. No. 1-2017[1]]
[1]
Editor’s Note: This article was originally adopted as Ch. 48 but was renumbered for organizational purposes.
A. 
The purpose of this article shall be to preserve public peace and good order in the Town of Urbana and to promote the public health, safety and welfare of the people by enforcing regulations and restrictions on the activities of farm animals that are consistent with the rights and privileges of farm animal owners and the rights and privileges of other citizens of the Town of Urbana.
B. 
The running at large of farm animals within the Town of Urbana results in damage and destruction to property and poses a threat to the safety and welfare of the Town residents. The purpose of this article is to restrain and regulate the running at large of farm animals and to require owners of same to keep said farm animals in proper enclosures so as to prevent such animals from entering upon public or private property of a nonowner.
This article shall be known as "a Local Law Regulating and Restraining the Running at Large of Farm Animals in the Town of Urbana."
As used in this article, the following terms shall have the meanings indicated:
ENFORCEMENT OFFICER
The Animal Control Officer of the Town of Urbana and sworn law enforcement officer.
FARM
A tract of land devoted entirely or partially to agricultural purposes or a tract of land devoted entirely or partially to the raising of or the harboring of animals or fowl or both.
FARM ANIMALS
Any animal and fowl kept and harbored on a farm, including but not limited to horses, cows, cattle, calves, swine, sheep, goats, donkeys, roosters, chickens, poultry and domestic rabbits, but shall not include cats and dogs kept as household pets. Dogs shall be subject to the provisions of Chapter 47, Article I, of the Town's Code of Ordinances.
MINOR
A person under the age of 18 years.
OWNER
Any person who keeps, harbors or has custody, care or control of a farm animal. Farm animals owned by minors shall be deemed to be in the custody and control of parents or other head of the household where the minor resides. Any person harboring a farm animal for a period of one week or more shall be deemed to be the "owner" of the farm animal for the purpose of enforcing this article.
RUNNING AT LARGE
Running elsewhere than on the premises of the owner and (i) unrestrained by an adequate restraining device or (ii) unaccompanied by the owner or by some other reasonable person who is able to control such farm animal.
An owner of a farm animal, as herein defined, shall keep and cause to be kept, a farm animal in a totally fenced in enclosure area and shall maintain adequate and secure fencing for such purpose to prevent such farm animal from running at large. Such owner shall be responsible for the erection, maintenance and repair of adequate and secure areas for such purpose. If, because of its nature, a farm animal cannot be kept in an enclosed, fenced area, the owner must keep the farm animal tethered on the owner's property so as to prevent the farm animal from running at large. Such tethering must be in such a manner as not to cause cruelty to the farm animal.
A. 
No farm animal shall be permitted off the owner's premises unless said farm animal is restrained with a device sufficient to control the animal.
B. 
It shall be unlawful for any owner of a farm animal to permit or allow such farm animal to:
(1) 
Run at large;
(2) 
Engage in any conduct in such a manner as to eventually annoy any person other than the owner of the farm animal;
(3) 
Cause damage or destruction to public or property or defecate, urinate or otherwise commit a nuisance upon property other than that of the owner of the farm animal;
(4) 
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.
C. 
It shall be unlawful for any owner of a farm animal to fail to comply with the provisions of this article.
Any person or persons committing the offense of allowing a farm animal to run at large as herein defined, or who fails to comply with the provisions of this article, shall be guilty of a violation pursuant to the Penal Law of the State of New York punishable on the first offense by a fine not exceeding $____ or by imprisonment not exceeding 15 days or by both a fine and imprisonment; for the second and subsequent offense, by a fine not exceeding $____ or by imprisonment not exceeding 15 days or both a fine and imprisonment. Each day a violation of the provisions of this article continues shall be deemed separate offense.
The Animal Control Officer of the Town of Urbana and any sworn law enforcement officer are hereby authorized to enforce the provisions of this article and to issue such summons or appearance tickets as may be necessary and proper.
No person shall hinder, resist or oppose the Animal Control Officer or law enforcement officer authorized to administer or enforce the provisions of this article in the performance of the officer's duties under this article.
If any section, paragraph or provision of this article shall be declared invalid, such invalidity shall apply only to such section, paragraph or provision and shall not affect the remaining portion of this article.
This article shall take effect upon adoption and upon the filing thereof with the Secretary of State.