[HISTORY: Adopted by the Town Board of the Town of New Hartford as indicated in article histories. Amendments noted where applicable.]
Appearance tickets — See Ch. 3.
Article I General Provisions
Article II Dog Licensing and Control
[Adopted 6-19-1974 by L.L. No. 2-1974]
[Amended 4-6-1994 by L.L. No. 2-1994]
It shall be unlawful for any owner of or any person harboring any dog in the Town of New Hartford to permit or allow such dog, whether or not tagged or licensed, to:
Run at large unless said dog is restrained by an adequate collar and leash or unless accompanied by its owner or a responsible person able to control the animal. For the purposes of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by its owner.
Engage in habitual loud howling or barking or to conduct itself in such manner so as to habitually annoy any person other than the owner or person harboring such dog. Howling or barking, audible from a location beyond the owner's or caretaker's premises, for five minutes or more with less than one-minute interruption, shall constitute habitual loud howling or barking in violation of this section.
[Amended 11-19-2003 by L.L. No. 6-2003]
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such a dog.
Chase or otherwise harass any person in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
Habitually chase or bark at motor vehicles. Chasing or barking at 10 or more motor vehicles during any seven consecutive days shall constitute a violation of this section.
[Amended 11-19-2003 by L.L. No. 6-2003]
Quarantine for the protection of deer will be enacted by the Town Board of the Town of New Hartford when certain environmental conditions are met and pursuant to Agriculture and Markets Law § 120. The Town will publish in the official newspaper the starting and ending dates of such quarantine. Any dog found chasing or worrying deer during said quarantine can be seized. A dog which attacks a deer at any time, shall be in violation of this section and shall be subject to fines as set forth herein.
[Added 12-8-2010 by L.L. No. 7-2010]
[Added 4-6-1994 by L.L. No. 2-1994]
It shall be unlawful for any owner of or any person harboring any pet to permit or allow such pet to:
[Added 9-15-2004 by L.L. No. 1-2004]
It shall be the duty of each dog owner or person having possession, custody or control of a dog to remove any feces left by his/her dog in any of the Town park facilities, including all parks, the Recreation Center and the Sanger Public Works Building/Highway Garage fields.
Such dog owner or person shall, while walking his/her dog(s), have in his/her possession the appropriate equipment to remove such feces.
The Pooper Scooper Regulations shall not apply to a guide dog, hearing dog, or service dog accompanying any person with a disability as defined in Subdivision 21 of § 292 of the Executive Law of the State of New York.
The Pooper Scooper Regulations shall be construed and operated in the same manner as § 1310 of the Public Health Law of the State of New York.
The provisions of this section shall be enforced by either the Animal Control Officer or a Town police officer.
The Town Board reserves the right and shall have the authority to promulgate and adopt rules and regulations to carry out the intent and purposes of the Pooper Scooper Regulations. Said rules and regulations may supplement, modify, and/or amend the express provisions hereof.
It shall be unlawful for the owner or person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to the premises of such person during such period.
[Amended 8-20-1980 by L.L. No. 5-1980; 12-8-2010 by L.L. No. 7-2010]
A dog control officer or other proper authority designated by the Town Board, as provided by § 113 of the Agriculture and Markets Law and other applicable laws and provisions, may enforce the provisions of this article and may also investigate and report to a Town Justice any dangerous dog as described in § 123 of the Agriculture and Markets Law and see that the order or orders of the Town Justice in such case are carried out.
Any person who observes a dog causing damage or destruction to property of a person other than its owner or committing a nuisance upon the premises of a person other than its owner or in violation of any provision of § 56-1 or 56-2 may file a signed complaint, under oath, with a Town Justice of the Town of New Hartford specifying the objectionable conduct of the dog, the date thereof, the damage caused or other violation, a description of the dog and name and residence, if known, of the owner or other person harboring said dog.
Upon receipt by the Town Justice of any complaint against the conduct of any particular dog, the Town Justice may summon the alleged owner or other person harboring said dog to appear in person before him. If the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person.
[Amended 8-20-1980 by L.L. No. 5-1980; 4-6-1994 by L.L. No. 2-1994; 10-5-2005 by L.L. No. 6-2005]
An offense against any provision of this article shall be punishable as follows:
For a first offense, by a fine of up to $100.
For an offense committed within five years of a conviction for any offense under this article, by a fine of up to $250.
For an offense committed within five years of two earlier convictions for any offense under this article, a fine of up to $500 and imprisonment for up to 10 days.
The owners of pets impounded for any reason will be charged an impoundment fee equal to one day of the sheltering expenses.
Shelter expenses that will be paid by the owner before the pet is released will be the same amount that the Town of New Hartford is charged by the sheltering agency.
[Amended 8-20-1980 by L.L. No. 5-1980; 12-8-2010 by L.L. No. 7-2010]
The seizure and redemption of dogs in violation of this article shall be as provided in § 117 of the Agriculture and Markets Law of the State of New York.
[Adopted 12-8-2010 by L.L. No. 7-2010]
Editor's Note: This article also repealed former Art. II, License Fees, adopted 8-3-1988 by L.L. No. 10-1988, as amended, and further provided for an effective date of 1-1-2011.
This article is enacted pursuant to the provisions of (Chapter 59; Part T of the Laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.
The Town Board of the Town of New Hartford, County of New York, hereby finds and declares that the purpose of this article is to protect the health, safety, morals and general welfare of the inhabitants, visitors and property of the Town of New Hartford, from dog-related nuisance, damage, or injury, through the establishment and imposition of certain restrictions, regulations, responsibilities and requirements, to wit:
The licensing and identification of dogs, the cost of which shall be borne by those who own and harbor dogs in said Town to the greatest extent possible.
The control and protection of the dog population.
The control and protection of persons, property, domestic animals and deer from dog attack and damage.
All terms not specifically defined herein shall have the meaning assigned to such terms within § 108 of the Agriculture and Markets Law of the State of New York.
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 effect as of the effective date of this article, as amended by this article, and as thereafter amended.
- DANGEROUS DOG
- A dog that harasses, chases, molests, bites, exhibits aggression towards, or constitutes a physical threat or reasonably perceived physical threat toward a person or other domestic animal while not on the property of its owner or guardian.
- Any member of the species canis familiaris, regardless of age, breed, gender, or licensure status (licensed or unlicensed).
- DOG (or ANIMAL) CONTROL OFFICER
- Any individual appointed by a municipality to assist in the enforcement of this article, or any authorized officer, agent or employee of an incorporated humane society or other incorporated dog protective association under contract with the municipality to assist with the enforcement of this article.
- IDENTIFICATION TAG
- A tag issued by the Town Clerk, which sets forth the identification number together with the name of the Town and state, the telephone number of the Town Clerk, and any other information deemed necessary by the Town Clerk.
- Includes any person who owns, keeps or harbors, or has the care, custody or control of a dog or other animal. The dogs owned by minors shall be deemed to be in the custody of and control of the minor's parent(s), legal guardian(s), or other head(s) of household where the minor resides.
- OWNER OF RECORD
- The person in whose name a dog was last licensed pursuant to this article.
- A person, partnership, corporation, association or other organized group of persons, business entity, municipality or other legal entity.
- (A person) An individual who maintains a residence within the Town of New Hartford, County of Oneida, State of New York.
- RUN AT LARGE
- To be in a public place or on private land without the knowledge, consent, and approval of the owner of such lands
- The Town of New Hartford, County of Oneida, State of New York.
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 Agriculture and Markets Law and laws of the Town.
All dogs within the Town that are four months of age or older, unless otherwise exempted, shall be licensed on an annual basis, licensing fees and surcharges to be set forth herein and amended from time to time as the Town Board sees fit. No license shall be required for any dog that is under the age of four months and which is not at large.
The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk a dog license application, together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Town. Application may be made by visiting the Town Clerk's office, or by mailing the appropriate forms/fees.
There will be no refund of fees.
The Town of New Hartford does not allow the licensing of dogs by a shelter; all Town of New Hartford adoptive dog owners must apply for licenses with the Town Clerk of said Town. The shelter must instruct and send the adoptive dog owners to the Municipal Clerk of the town or city in which the dog will be harbored for licensing.
Each license application shall be accompanied by a current certificate of rabies vaccination proving 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. The latter statement must contain the veterinarian's signature and date signed.
Each license application shall be accompanied by a certificate of spaying or neutering if the owner is claiming the dog's gender has been altered, thereby entitling the owner to the appropriate fee for a spayed or neutered dog.
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.
The Town Clerk will mail renewal applications to all dog owners one month prior to the expiration of the license. The renewal may be hand-delivered or mailed to the Town Clerk for processing, enclosing all appropriate fees. Dog owners are responsible for renewal of dog licenses, and failure to receive a renewal application from the Town will not exempt an owner from this responsibility. If a renewal application is not timely received, an owner must report the oversight to the Town Clerk, verify that owner's address and contact information is correctly filed with the Town Clerk and request the renewal application in person, by telephone, written or electronic correspondence.
State-mandated animal population control surcharge.
Each individual dog license for a spayed or neutered dog shall be subject to an animal population control surcharge in the amount of $1, payable at the time the dog license application is filed.
Each individual dog license for an unspayed or unneutered dog shall be subject to an animal population control surcharge in the amount of $3, payable at the time the dog license application is filed.
Late fees. When a dog license is not timely renewed, a late fee shall be assessed in the amount of $3 per month for each month following the month in which the license expired and must be paid along with the requisite licensing fees.
Dog enumeration surcharge. Each dog found to be unlicensed or for which a prior license has expired and renewal has not been applied for at the time the enumeration is being conducted shall be subject to a dog enumeration surcharge of $10, payable at the time the application is filed to license said dog.
Replacement tag fee. A replacement tag fee of $5 shall be charged to offset the costs associated with the provision and replacement of identification tags.
Service dog exemptions.
There shall be no fee for any license issued for the following dogs, as defined in Article 7 of the State Agriculture and Markets Law; however, the owner must annually submit written documentation that the dog continues to be active in the specific classification in order to be exempt from dog licensing fees:
Each copy of any license for such dogs shall be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog," "Working Search Dog," "War Dog," "Detection Dog," "Police Work Dog," or "Therapy Dog," as may be appropriate, by the Clerk.
Fee modification. The Town of New Hartford may and is hereby authorized to, by resolution of the Town Board and without formal amendment hereto or further adoption of a local law or the need for a public hearing, establish, modify, or disband with a schedule of dog licensing fees, enumeration fees, late fees, and tag replacement fees, within the restrictions of and pursuant to the requirements of New York State Agriculture and Markets Law Article 7, as the Board may see fit from time to time.
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 of said Town. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereof.
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.
Change of ownership, lost or stolen dogs.
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.
In the event of a change in ownership of any dog that 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 in writing. Such notification shall include the owner's signature and date.
In the case of a dog's death, the owner of record shall so notify the Town Clerk, in writing, either prior to renewal of the dog's license or upon the time of such renewal.
The Town Clerk shall assign a Town permanent official identification number to a dog when it is first licensed. Tag numbers shall initially consist of 10 digits, beginning with the Oneida County/New Hartford Town Code (3015) and commencing with the number 000001.
Such identification number shall be carried by the dog on an identification tag that shall be affixed to the collar of the dog at all times. Dogs participating in a dog show are not required to wear an identification tag during the show.
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.
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.
At the time a dog is first licensed, one identification tag shall be furnished to the owner at no additional charge. If the tag becomes lost or becomes unreadable, the owner shall apply to the Town Clerk for a replacement tag at the owner's expense. Any person wishing to replace a tag previously issued shall pay the sum of $5 to the Town Clerk for a replacement tag.
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 this article.
Impoundment (seizure) fees. The owner of record of a dog or dogs that have been seized within a twelve-month period in violation of the Agriculture and Markets Law and this article shall be liable for payment of the following impoundment (seizure) fees to the Town Clerk:
Redemption (room and board) fees for impounded dogs. The Town Board does hereby establish a room and board fee of $20 per day, or portion thereof, for all dogs impounded within said Town and sheltered either in the Town or through contract with an agency outside the Town. The Town shall retain $5 per day, or portion thereof, for each dog impounded; the balance shall be paid to the shelter agency. The room and board fees shall be periodically reviewed by the Town Board and changed by a resolution of said Board, if deemed necessary, and incorporated in the annual contract with a shelter agency.