[HISTORY: Adopted by the Town Board of the
Town of New Hartford as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 3.
[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:
A.
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.
B.
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]
C.
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.
D.
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.
E.
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]
F.
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[1]]
[1]
Editor’s Note: This local law also provided for an effective
date of 1-1-2011.
[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]
A.
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.
B.
Such dog owner or person shall, while walking his/her
dog(s), have in his/her possession the appropriate equipment to remove
such feces.
C.
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.
D.
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.
E.
The provisions of this section shall be enforced by
either the Animal Control Officer or a Town police officer.
F.
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.
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.
[1]
Editor’s Note: This local law also provided for an effective
date of 1-1-2011.
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]
A.
An offense against any provision of this article shall
be punishable as follows:
(1)
For a first offense, by a fine of up to $100.
(2)
For an offense committed within five years of a conviction
for any offense under this article, by a fine of up to $250.
(3)
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.
B.
(Reserved)
C.
The owners of pets impounded for any reason will be
charged an impoundment fee equal to one day of the sheltering expenses.
D.
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.
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.
[1]
Editor’s Note: This local law also provided for an effective
date of 1-1-2011.
[Adopted 12-8-2010 by L.L. No. 7-2010[1]]
[1]
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:
A.
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.
B.
The
control and protection of the dog population.
C.
The
control and protection of persons, property, domestic animals and
deer from dog attack and damage.
A.
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.
B.
AGRICULTURE AND MARKETS LAW
DANGEROUS DOG
DOG
DOG (or ANIMAL) CONTROL OFFICER
IDENTIFICATION TAG
OWNER
OWNER OF RECORD
PERSON
RESIDENT
RUN AT LARGE
TOWN
As used in this article, the following terms shall have the meanings
indicated:
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.
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).
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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
B.
State-mandated animal population control surcharge.
(1)
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.
(2)
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.
C.
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.
D.
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.
E.
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.
F.
Service dog exemptions.
(1)
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:
(2)
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.
G.
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.
A.
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.
B.
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.
C.
Change of ownership, lost or stolen dogs.
(1)
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.
(2)
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.
(3)
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.
D.
Identification tag.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
A.
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:
B.
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.
