[HISTORY: Adopted by the Town Board of the Town of Tusten
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-2-1982 by L.L.
No. 2-1982]
The Town Board of the Town of Tusten finds that the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs have caused physical harm to persons, damage to property and
have created nuisances within the Town. The purpose of this article
is to protect the health, safety and well-being of persons and property
by imposing restrictions on the keeping and running at large of dogs
within the Town.
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 Tusten."
As used in this article, the following words shall have the
following respective meanings:
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
A Dog Control Officer on or after September 1, 1982.
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 Warden and a reasonable search has been made.
If a dog is not licensed, the term "owner" shall designate and cover
any person or persons, firm, association or 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 and deemed to be the owner of such dog for the
purpose of this article. In the event the owner of any dog found to
be in violation of this chapter 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 the dog and violation of this article.
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
The Town of Tusten.
[Amended 7-14-2020 by L.L. No. 2-2020]
A.Â
It shall be unlawful for any owner of any dog in the Town to permit
or allow such dog to:
(1)Â
Run
at large unless the dog is restrained by an adequate leash or unless
it is accompanied by its owner or a responsible person and under the
full control of such owner or person on private property, with consent
of the property owner or licensee. 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 their owner.
(2)Â
Engage
in habitual loud howling, barking, crying or whining or conduct itself
in such a manner so as to unreasonably and habitually disturb the
comfort or repose of any person other than the owner of such dog.
(3)Â
Uproot,
dig, or otherwise damage any vegetables, lawns, flowers, garden beds,
or other property without the consent or approval of the owner thereof.
(4)Â
Chase,
jump upon or at or otherwise harass any person in such a manner as
to reasonably cause intimidation or fear or to put such person in
reasonable apprehension of bodily harm or injury.
(5)Â
Habitually
chase, run alongside of 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.
(6)Â
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.
(7)Â
If
a female dog when in heat, be off the owner's premises unrestrained
by a leash.
B.Â
The owner(s) of any dog in the Town shall comply with the foliowing:
(1)Â
Any
person who owns or controls a dog must immediately remove any feces
left by that dog on any sidewalk, gutter, street, or other public
area and dispose of it in a sanitary method.
(2)Â
Any
person who owns or controls a dog must immediately remove any feces
left by that dog on any private property, when the property owner
has not given consent for the feces to remain on the property.
[Amended 10-22-2018 by L.L. No. 2-2018]
The procedure for seizure and impoundment of dogs in violation of Article 7 of the Agriculture and Markets Law and of § 115-5 of this article is as follows:
A.Â
The Dog Warden or any peace officer shall seize 1) any unlicensed dog whether on or off the owner's premises, 2) any dog not wearing a tag, and after September 1, 1982, not identified, and which is not on the owner's premises and 3) any dog found in violation of § 115-5A of this article. Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law. The Dog Warden or peace officer may also investigate and report to a Town Justice of the Town any dangerous dog as described in Article 7 of the Agriculture and Markets Law, and see that the order of the Town Justice in such case is carried out.
B.Â
The Dog Warden or a peace officer observing a violation of this article
in his presence shall issue and serve an appearance ticket for such
violation.
C.Â
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.
D.Â
The owner
of any dog that is seized may redeem the dog within five days of the
seizure of the dog by paying to the Town Clerk the impoundment fee
set by the Town Board and presenting the receipt for payment of the
fee to the shelter that is harboring the dog.
[Added 7-14-2020 by L.L. No. 2-2020]
E.Â
Any dog
that is not redeemed within five days shall forfeit all title to the
dog and the dog shall than be made available for adoption al the discretion
of the shelter.
[Added 7-14-2020 by L.L. No. 2-2020]
[Amended 10-22-2018 by L.L. No. 2-2018]
Any person convicted of a violation of this article shall be
liable for the following civil penalties:
[Adopted 12-28-2010 by L.L. No. 1-2011]
The purpose of this article is to provide for the licensing
and identification of dogs. Effective January 1, 2011, the State of
New York has relinquished the responsibility of the dog licensing
function to local municipalities and eliminated the Animal Population
Control Fund. Local municipalities will now be required to adopt legislation
relating to this issue.
As used in this article, the following terms shall have the
meanings indicated:
The delivery to any natural person 18 years of age or older,
for the purpose of harboring, a dog, seized or surrendered, from the
Town's animal shelter.
Any individual appointed by the Town Board to assist in the
enforcement of this article.
The Town Clerk, or Deputy Town Clerk, of the Town of Tusten,
where licenses are to be validated or issued.
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
Any member of the species Canis familiaris.
Any dog that is trained to aid the Animal/Dog Control Officer
in the control of geese within the boundaries of the Town.
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog during the period such
dog is being trained or bred for such purpose.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
To provide food or shelter to any dog.
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog during the period
such dog is being trained or bred for such training.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
Any person who harbors or keeps any dog.
Any person with a disability as that term is defined in § 292
of the New York State Executive Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any dog owned or harbored by any municipal police department
or any state or federal law enforcement agency, which has been trained
to aid law enforcement officers and is actually being used for police
work purposes.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog during
the period such dog is being trained or bred for such purpose.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Town of Tusten, including incorporated areas.
Any dog which has been honorably discharged from the United
States Armed Forces.
Any dog that is trained to aid in the search for missing
persons and is actually used for such purposes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.Â
Licensing of dogs.
(1)Â
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for
any dog under the age of four months that is not at large A license
shall be renewed after a period of one year beginning with the first
day of the month following the date of issuance. Renewal shall be
for a minimum of one year and shall not exceed three years, based
on the validation term of the rabies vaccination.
(2)Â
Application for a dog license shall be made to the Clerk.
(3)Â
The application shall state the sex, actual or approximate year of
birth, breed, color(s), and official identification number of the
dog, and other identification markers, if any, and the name, address,
telephone number, county and town of residence of the owner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)Â
The application shall be accompanied by a license fee as listed below
and a valid certificate of rabies vaccination or statement in lieu
thereof. In the case of a spayed or neutered dog, every application
shall also be accompanied by a certificate signed by a licensed veterinarian
showing that the dog has been spayed or neutered, provided such certificate
shall not be required if the same is already on file with the Clerk.
(5)Â
Fees.
(a)Â
The fees for a dog license shall be as set from time to time
by Town Board resolution. The Town Board may also set a monthly late
fee by resolution.
[Amended 10-22-2018 by L.L. No. 2-2018; 7-14-2020 by L.L. No. 2-2020]
(b)Â
There shall be no fee charged for the license issued for any
detection dog, geese dog, guide dog, hearing dog, police work dog,
service dog, therapy dog, war dog or working search dog.
(6)Â
Upon validation by the Clerk, the application shall become a license
for the dog described therein. Once an application has been validated,
no refund of fees shall be made.
(7)Â
The Clerk shall provide a copy of the license to the owner and retain
a record of the license in either paper or electronic format.
(8)Â
No license shall be transferable. 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.
(9)Â
No dog can be adopted out of the Town's animal shelter without first
obtaining a license from the Clerk.
B.Â
Purebred licenses. There will not be distinct purebred licenses as previously provided for by the state. Any and all existing purebred licenses will now be required to comply with Subsection A of this section, with the exception of a reduced fee as set from time to time by Town Board resolution being charged for registered purebred dogs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.Â
Rabies vaccination. The Clerk, at the time of issuing any license
pursuant to this article, shall require the applicant to present a
statement certified by a licensed veterinarian showing that the dog
or dogs have been vaccinated to prevent rabies or, in lieu thereof,
a statement certified by a licensed veterinarian stating that because
of age or other reason, the life of the dog or dogs would be endangered
by the administration of vaccine. The Clerk shall make or cause to
be made from such statement a record of such information and file
such record with a copy of the license.
D.Â
Enumeration. In addition to other applicable fees, any person applying
for a dog license for a dog identified as unlicensed during an enumeration
shall pay a fee as set from time to time by Town Board resolution.
Such additional fee shall be used to pay the expenses incurred by
the Town in conducting the enumeration. In the event the additional
fees collected exceed the expenses incurred by the Town in conducting
an enumeration in any year, such excess fees may be used by the Town
for any other lawful purpose.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.Â
Each dog licensed shall be assigned, at the time the dog is licensed
for the first time, a permanent official identification number. Such
identification number shall be carried by the dog on an identification
tag which shall be affixed to a collar on the dog at all times.
B.Â
The official 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.
C.Â
At the time a dog is first licensed, one identification tag shall
be furnished to the owner at no charge. Any replacement tag shall
be obtained by the owner at his expense at a fee set from time to
time by Town Board resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.Â
No tag carrying an official identification number shall be affixed
to the collar of any dog other than the one to which that number has
been assigned.
E.Â
The identification tag shall be imprinted with the words "Town of
Tusten," a unique identification number, and the telephone number
of the Town Clerk's office.
A.Â
In the event of a change in ownership of any dog which has been assigned
an official identification number or in the address of the owner of
record of any such dog, the owner of record shall, within 10 days
of such change, notify the Clerk.
B.Â
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 Clerk.
C.Â
In the case of a dog's death, the owner of record shall so notify
the Clerk either prior to renewal of the license or upon the time
of such renewal.
