[HISTORY: Adopted by the Town Board of the Town of Urbana
as indicated in article histories. Amendments noted where applicable.
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:
A misdemeanor or a felony.
Male and female, licensed and unlicensed, members of the
species Canis Familiaris.
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.
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.
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.
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.
The Town of Urbana.
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:
The Animal Control Officer of the Town of Urbana and sworn
law enforcement officer.
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.
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.
A person under the age of 18 years.
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 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.
