Town of Wilna, NY
Jefferson County
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[HISTORY: Adopted by the Town Board of the Town of Wilna as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-8-1985 by L.L. No. 3-1985]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The running at large of animals, including, but not limited to, horses, cattle, sheep, domesticated rabbits, fowls and poultry, swine and mink, poses a threat to property and to the safety of persons and children in the vicinity. It is the purpose of this article to regulate the keeping and running at large of such animals and require owners of same to keep said animals in proper enclosures so as to prevent such animals from entering upon public or private property.
This article shall be known as the "Regulation and Restraint of Animals Running At Large Local Law" of the Town of Wilna.
As used in this article, the following terms shall have the meanings indicated:
ANIMALS
Horse, cow, cattle, calf, swine, sheep, chickens or poultry and domestic rabbits.
ENFORCEMENT OFFICER
The Dog Control Officer or any peace officer or such other person(s) designated by the Town Board of Wilna.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
RUNNING AT LARGE
Any animal whose owner allows same to cross over or enter upon adjacent private or public property.
Every owner of animals as herein defined shall keep and cause to be kept such animal in an enclosed area, and to maintain proper fencing for such purpose so as to prevent any such animal from running at large. Such owners shall be responsible for the erection and maintenance of properly fenced areas for such purpose.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Except as otherwise provided in § 118 of the Agriculture and Markets Law, any person or persons committing the offense of allowing animals to run at large, as herein defined, shall be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250, or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. Each day of violation of the provisions of this article shall be deemed a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Dog Control Officer or any peace officer or such other person(s) designated by the Town Board of Wilna shall have the power to enforce the provisions of this article and to issue such summons or appearance tickets as may be necessary and proper.
If any section, paragraph or provision of this article shall be declared invalid, such invalidity shall apply only to such section, paragraph or provision.
[Adopted 1-11-2016 by L.L. No. 1-2016]
The Town Board of the Town of Wilna, pursuant to the authority granted it under Article 4 of the Town Law, Article 7 of the Agricultural and Markets Law and §§ 10 and 20 of the Municipal Home Rule Law of the State of New York, hereby enacts as follows.
The Town Board of the Town of Wilna previously enacted a Dog Control Local Law known as Local Law No. 4 of 2010. The Town Board finds that substantial revisions are necessary to this law to provide conformity with the Villages of Carthage, Herrings and Deferiet to provide for ease in enforcement on dog control issues. It is the purpose of this article to standardize dog control measures and provisions between the Town and the Villages within the Town of Wilna to aid for sufficient enforcement.
The title of this article shall be "Dog Control Law of the Town of Wilna."
As used in this article, the following words shall have the following respective meanings:
DANGEROUS DOG
As also defined in Article 7 of the NYS Agriculture and Markets Law, means any dog which without justification:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Attacks a person or companion animal and causes physical injury, or death; or
B. 
Behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals, or domestic animals; or
C. 
Attacks a service dog, guide dog, or hearing dog and causes physical injury or death.
DOG
Male and female, licensed, and unlicensed, members of the species Canis familiaris.
DOG AT LARGE
A dog should be considered at large when such dog is off of the owner's property and is unrestrained by a leash or other device or is not under the direct immediate control of the owner.
[Added 10-10-2016 by L.L. No. 2-2016]
OWNER
Person entitled to claim lawful custody and possession of a dog, 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, 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 filing any complaint charging a violation of this article, shall be held in and deemed to be the owner of any dog found to be in violation of this article, except that if the owner shall be under 18 years of age, the head of the household in which said minor shall be deemed to have custody and control of said dog and shall be responsible for any acts of the said dog in violation of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
TOWN
The Town of Wilna.
VILLAGES
The Village of Carthage, Deferiet and Herrings.
It shall be unlawful for any owner of any dog in the Town to permit or allow such dog to:
A. 
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.
B. 
Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property without the consent or approval of the owner.
C. 
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.
D. 
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.
E. 
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.
F. 
If a female dog, when in heat, be off the owner's premises, unrestrained by a leash.
G. 
Owner, as defined herein, including any person owning, keeping, harboring or having custody and control of any dog, shall not permit such dog to be at large in the Town of Wilna.
[Added 10-10-2016 by L.L. No. 2-2016; amended 3-13-2017 by L.L. No. 5-2017]
A. 
All dogs in the Town of Wilna, including the Villages, unless otherwise exempted, must be licensed with the Town Clerk by the age of four months and are required to present a certificate of rabies with a minimum of 30 days remaining before it expires (Agriculture and Markets Law, Article 7, § 109) at the time of licensing or the renewal of an existing license; provided, however, that dogs of any age which are held at a shelter, pursuant to a contract or agreement with any county, city, town or village, or duly incorporated society for the prevention of cruelty to animals, humane society or dog protective association do not have to be licensed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Any dog harbored within the Town of Wilna 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 days be exempt from the licensing and identification provisions of this article.
C. 
All dog licenses will be for a period of one year and will expire at the end of the month one year from the date of issue.
D. 
Fees for licensing of dogs. The fee for a spayed or neutered dog will be $10 (which included the assessment of a $1 surcharge for the purpose of carrying out animal population control) and the fee for an unspayed or unneutered dog will be $20 (which included the assessment of a $3 surcharge for the purpose of carrying out animal population control) with such fees being reviewed by the Town Board periodically and may be changed by a resolution of the Town Board, if deemed necessary.
E. 
Enumeration fee. The Town Board will conduct enumerations every two years. A fee of $5 will be assessed to all dogs found unlicensed or renewed at the time the enumeration is conducted.
F. 
Service dogs. The Town of Wilna will require a license for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog, but will not require a fee be paid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
The Town of Wilna does not allow the licensing of dogs at a shelter. The shelter may send the adoptive dog owners or persons redeeming dogs to the Town Clerk of the Town in which the dog will be harbored for licensing or to the Town Clerk of the Town. In such instances, the shelter shall issue a ten-day permit with a copy to be sent to the Town, during which time the owner shall secure a valid license.
H. 
All fees will be used in funding the administration of the Dog Control Law of the Town of Wilna.
I. 
The Town of Wilna shall contract with a licensed dog shelter, humane society or society for the prevention of animal cruelty to animals to provide shelter services when required under this law.
A. 
The Dog Control Officer 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 June 15, 1985, not identified, and which is not on the owner's premises; and
(3) 
Any dog found in violation of Subsections A through E of § 68-13 of this article. Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of Agriculture and Markets Law, and see that the order of the Town Justice of the Town of Wilna in such case is carried out.
B. 
The Dog Control Officer or peace officer observing a violation of this article in his presence shall issue and serve an appearance ticket for such violation.
C. 
Any person who observes a dog in violation of this article may file a complaint with the Dog Control Officer or the Town Justice of the Town of Wilna specifying the nature of the violation, the date thereof, a description of the dog and the name and a residence, if known, of the owner of such dog. Such complaint may serve as a basis for enforcing the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Except as otherwise provided in § 118 of the Agriculture and Markets Law, any person found guilty of violating any provision of this article shall be punishable as follows:
A. 
For a first violation, a fine of no less than $25 nor more than $100.
B. 
For a second offense within a one-year period, a fine of no less than $50 nor more than $150.
C. 
For a third or subsequent offense within a one-year period, a fine of no less than $75 nor more than $200.
D. 
Any costs incurred by the Town pursuant to any section of this article may be recovered from the owner. Dogs seized shall be returned only after payment of all boarding and other fees as may be established from time to time. In the event that a court rules that an animal has to be destroyed or the owner does not want to accept the return of a captured dog and the animal must be destroyed, or where the owner fails to adhere to the provisions of this article and the steps the Town must take to destroy the animal, the owner shall be responsible to reimburse the Town all costs and expenses incurred in the destruction of the animal.
If any part of this chapter shall be found to be void, voidable, or unenforceable for any reason whatsoever, it shall not affect the validity or enforceability of any remaining section or provision of this chapter.