[HISTORY: Adopted by the Town Board of the Town of Orchard Park 9-26-1979 by L.L. No. 1-1979; amended in its entirety 12-15-2010 by L.L. No. 4-2010. Subsequent amendments noted where applicable.]
Noise — See Ch. 87.
Parks and playgrounds — See Ch. 97.
Peace and good order — See Ch. 99.
Editor's Note: This local law provided an effective date of 1-1-2011. Fees will be set by resolution of the Town Board.
Purpose. The purpose of this chapter is to promote public health, safety and welfare of the residents of the Town of Orchard Park by providing for:
Applicability. This chapter shall apply to the entire Town of Orchard Park
The definitions of terms as set forth in Chapter 59, Part T, of the Laws of 2010, as further contained in Article 7 of the Agricultural and Markets Law of the State of New York, effective January 1, 2010, shall be applicable to such terms contained in this chapter.
No person owning or harboring a dog, whether licensed or not, shall permit the same to be at large within the Town of Orchard Park outside the municipal boundaries of the Village of Orchard Park unless such dog is effectively restrained by a chain or leash not exceeding six feet in length and is in the charge of a competent person.
"At large" means any dog that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the dog unless permission for such presence has been obtained. No dog shall be deemed to be at large if it is:
A guide dog actually leading a blind person.
A hearing dog actually aiding a deaf person.
A police work dog in use for police work.
Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on posted and/or unposted land with the permission of the owner of the land.
Any control officer or peace officer in the employ of or under contract to a municipality shall seize any dog found to be in violation of any provision of this chapter.
It shall be a violation for any owner of or any person harboring a dog in the Town of Orchard Park to permit or allow such dog to:
Engage in habitual loud howling or barking or to conduct itself in such manner as to habitually annoy any person other than the owner or person harboring such dog.
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such 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 or bicycles.
Run at large while in heat if such dog is a female dog.
No person who owns or has control of a dog shall permit such dog to attack or bite any person peacefully conducting himself in any place where such person may lawfully be or to attack, chase, injure or kill a domestic animal or dog or cat of another person when such animal is in any place it may lawfully be. For the purpose hereof, when any dog is at large contrary to the provisions of this chapter and commits any of such acts, the owner or person in control shall be deemed to have permitted the dog to commit such acts.
Any person may make a complaint of any attack upon a person or an attack, chasing, or worrying of a domestic animal to a Dog Control Officer. Such Officers shall immediately inform the complainant of his right to commence a proceeding as provided in Section 123, Subdivision 123(1) of the Agricultural and Markets Law.
[Amended 1-2-2019 by L.L. No. 1-2019]
Any person owning or harboring a dog deemed dangerous by a judge or justice pursuant to Agricultural and Markets Law, Section 123, will muzzle the dog at all times when the dog is outside his proper enclosure. The muzzle shall be approved by the Dog Control Officer.
[Amended 1-2-2019 by L.L. No. 1-2019]
Report on wild animals and dangerous dogs. On April 1 of every year, a report must be filed with the Town Clerk listing the physical location of where all dangerous dogs and dangerous wild animals will be kept. Such wild animals and dangerous dogs are defined as nonhuman primates, nondomesticated dogs and cats, bears, venomous snakes, constrictors, pythons, and certain crocodiles.
[Added 5-16-2018 by L.L. No. 8-2018]
Any violation as set forth in this chapter shall be punishable as provided in Subsection B of this section.
Violations of this chapter shall be punishable by a maximum fine of $250 or imprisonment for not more than 15 days, or both, with the exception of a violation of § 58-4D for which the fine will be $250 for the first offense and $1,000 for each subsequent offense or imprisonment for not more than 15 days, or both.
[Amended 5-16-2018 by L.L. No. 8-2018]
It shall be the duty of the Dog Control Officer of the Town of Orchard Park to enforce the provisions of this chapter.
The Dog Control Officer of the Town of Orchard Park shall have all the powers of a peace officer in enforcing the provisions of this chapter. In addition, the Dog Control Officer may serve any process relating to any proceeding, whether criminal or civil in nature and including an appearance ticket, undertaken in accord with the provisions of this chapter.
If any dog in violation of this chapter is owned or harbored by a person under 18 years of age, the owner of record as defined in Article 7 of the Agriculture and Markets Law shall be deemed to be the parent or guardian of such person, and said parent or guardian shall be responsible for the acts of said dog for the purposes of this chapter. The definitions of the words "owner," "harbor" and "person" as used in this chapter are those set forth in Article 7 of the Agriculture and Markets Law.
The fact that a dog is at large in the Town of Orchard Park elsewhere than on the premises of the owner or person harboring such dog shall be presumptive evidence that the dog has been permitted to be at large with the knowledge of the owner or person harboring the dog.
Any person who observes a dog in violation of any acts prohibited by this chapter may file a signed complaint, under oath, with a Town Justice of the Town of Orchard Park, specifying the objectionable conduct of the dog, the date thereof, the damage caused or the acts constituting a violation of this chapter and including the place or places where such conduct occurred and the name and residence, if known, of the owner or other person harboring such dog.
Any person owning or harboring a dog and who shall permit such dog to be at large in violation of the provisions of Article 21, Title IV, of the Public Health Law, is guilty of a violation punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.
Licensing of dogs. All dogs within the Town of Orchard Park being four months of age or older shall be licensed by the Town Clerk's office. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk's office a dog license application, together with license application fee, any applicable license surcharges and such additional fees as may be established by the Town of Orchard Park. Each license application shall be accompanied by proof 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. Each license shall be valid for a period of one year and shall not be transferable.
License fees and surcharges.
License fees and surcharges under this chapter shall be prescribed, from time to time, by the Town Board of the Town of Orchard Park by resolution.
In the event that an owner of a dog which is licensed by another municipality in Erie County moves into the Town of Orchard Park, he/she must obtain an identification tag from the Town Clerk's office. In such instance, there will be no additional fee owing to the Town of Orchard Park until such time as the license from the other municipality expires.
Identification of dogs.
Each dog licensed by the Town shall be assigned, at the time the dog is first licensed, a municipal 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. The Town may exempt dogs participating in a dog show during such participation for this requirement.
No tag carrying an identification number shall be affixed to the collar of any other dog than the one to which that number has been assigned.
Impoundment fees. The owner of any dog impounded by the Town of Orchard Park shall be entitled to redeem that dog within five business days, excluding the day the dog is impounded, from the day the dog is impounded, provided that the owner produces proof that the dog is licensed and identified and pays the fees as prescribed by the Town Board from time to time by resolution.
No action shall be maintained to recover the possession of or value of a dog for damages for injury or for compensation for destruction of a dog destroyed or otherwise disposed of pursuant to the provisions of this chapter.
No household shall keep more than three dogs, four months of age or older on any residence in the Town of Orchard Park.
Exceptions. Subsection A shall not apply to any person who secures a multiple dog housing permit subject to the following conditions:
Any premises with more than three dogs must secure a multiple dog housing permit. The Dog Control Officer shall issue a Multiple Dog Housing Permit after inspection of the premises. The Orchard Park Dog Control Officer shall apply the following criteria for issuance of a Multiple Dog Housing Permit:
Capacity of the owners to provide sufficient food and water for the dogs.
Capacity of the owners to limit barking by the dogs.
Sufficient housing for the dogs.
Capacity of the owners to maintain the dogs in a clean manner.
Capacity of the owners to provide necessary veterinary care for the dogs.
Capacity of the owners to provide housing which does not subject the dogs to extreme temperatures.
In the event the number of dogs at a premises increases, additional permits shall be required.
The Dog Control Officer can revoke a permit if, after granting the permit, the owner does not comply with the criteria set forth above. The permit holder shall be notified, in writing, of the criteria with which the owner has failed to comply. The permit holder shall be provided 60 days to correct the noted violations. In the event that the owner fails to correct the violations of the criteria, the permit shall be revoked.
In the event that more than three dogs are housed without a multiple dog housing permit, the individual maintaining the dogs shall have 30 days to remove the dogs.
Failure to comply with this Multiple Dog Housing Permit section shall subject the responsible party to a fine of $250 per day.
A fee in the sum of $50 will be due annually for the multiple dog housing permit.
[Added 6-18-2014 by L.L. No. 3-2014]
No person owning, harboring, keeping, walking or in charge of any dog shall suffer or allow such dog to soil, defile, or defecate on any sidewalk, gutter, street, play area, park or other public area, or on any private property, without the permission of the owner, without providing and carrying a means for disposing of the fecal matter.
The dog owner or custodian shall immediately remove and dispose of all feces deposited by such animal in a closed or sealed bag or container and thereafter disposing of it by depositing such matter in a trash receptacle or sanitary disposal unit.
In no event shall any feces be deposited in any storm sewer or drainage ditch.
This provision shall not apply to a guide dog, hearing dog or service dog accompanying any person with a disability, as defined in the Agriculture and Markets Law § 108.
[Added 6-18-2014 by L.L. No. 3-2014]
If any clause, sentence, paragraph or part of this chapter, or the application thereof, to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof or the application thereof to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons and circumstances directly involved in the controversy in which such judgements shall have been rendered.