[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[1]. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 87.
Parks and playgrounds — See Ch. 97.
Peace and good order — See Ch. 99.
[1]
Editor's Note: This local law provided an effective date of
1-1-2011. Fees will be set by resolution of the Town Board.
A.
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.
B.
TOWN
TOWN CLERK'S OFFICE
As used in this chapter, the following terms shall have the meanings
indicated:
The Town of Orchard Park.
The office of the Town Clerk of the Town of Orchard Park.
A.
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.
B.
"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:
(1)
A guide dog actually leading a blind person.
(2)
A hearing dog actually aiding a deaf person.
(3)
A police work dog in use for police work.
(4)
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.
A.
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.
B.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
Habitually chase or bark at motor vehicles or bicycles.
(5)
Run at large while in heat if such dog is a female
dog.
C.
Dangerous dogs.
(1)
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.
(2)
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]
(3)
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]
D.
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]
A.
Any violation as set forth in this chapter shall be punishable as provided in Subsection B of this section.
B.
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]
A.
It shall be the duty of the Dog Control Officer of
the Town of Orchard Park to enforce the provisions of this chapter.
B.
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.
A.
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.
B.
License fees and surcharges.
(1)
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.
(2)
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.
C.
Identification of dogs.
(1)
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.
(2)
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.
D.
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.
A.
No household shall keep more than three dogs, four
months of age or older on any residence in the Town of Orchard Park.
B.
Exceptions. Subsection A shall not apply to any person who secures a multiple dog housing permit subject to the following conditions:
(1)
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:
(a)
Capacity of the owners to provide sufficient
food and water for the dogs.
(b)
Capacity of the owners to limit barking by the
dogs.
(c)
Sufficient housing for the dogs.
(d)
Capacity of the owners to maintain the dogs
in a clean manner.
(e)
Capacity of the owners to provide necessary
veterinary care for the dogs.
(f)
Capacity of the owners to provide housing which
does not subject the dogs to extreme temperatures.
(2)
In the event the number of dogs at a premises increases,
additional permits shall be required.
(3)
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.
(4)
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.
(5)
Failure to comply with this Multiple Dog Housing Permit
section shall subject the responsible party to a fine of $250 per
day.
(6)
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.
A.
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.
B.
In no event shall any feces be deposited in any storm sewer or drainage
ditch.
C.
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.
