[HISTORY: Adopted by the Town Board of the Town of Clay as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-15-2010 by L.L. No. 4-2010]
Editor's Note: This local law also repealed former Ch. 69, Animals, which consisted of Art. I, Dog Control, adopted 7-13-1981 by L.L. No. 4-1981, as amended.
The title of this article shall be "Animal Population Control and Dog Licensing Law" of the Town of Clay, County of Onondaga.
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 Clay, County of Onondaga, hereby finds and declares that the purpose of this article is to provide for the licensing, identification and control of dogs and to preserve the public peace and good order in the Town of Clay and to contribute to the public welfare, safety and good order of its people by enforcing certain regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of the owners of dogs and the rights and privileges of other citizens of the Town of Clay. This article also repeals Chapter 69, titled "Animals," and adds a new Chapter 69, titled "Animal Population Control and Dog Licensing Law."
All terms not specifically defined herein shall have the meanings 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:
- The delivery to any individual 18 years of age or older, for the purpose of harboring a pet, of any unredeemed dog impounded pursuant to the provisions of this article and Article 7 of the Agriculture and Markets Law of the State of New York.
- 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.
- ANIMAL CONTROL OFFICER
- Any individual appointed by the Town of Clay to assist in the enforcement of this article or any authorized officer, agent or employee of the Town of Clay, an incorporated humane society or similar incorporated dog protective association under contract with the Town of Clay to assist in the enforcement of this article and Article 7 of the Agriculture and Markets Law of the State of New York.
- ANIMAL POPULATION CONTROL FEE
- A fee collected by the Town of Clay which is included in the license fee and payable to New York State to provide revenue for the New York State Animal Population Control Program (APCP).
- AT LARGE
- An unleashed dog off the premises of the owner or premises of another with the knowledge, consent and approval of the owner of such premises.
- The Clerk of the Town of Clay.
- Any member of the species Canis familiaris.
- 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.
- IDENTIFIED DOG
- Any dog carrying an identification tag as provided in Article 7 of the Agriculture and Markets Law of the State of New York, § 112.
- LEASHED or UNDER LEASH
- The dog is equipped with a collar or harness to which is attached a leash not exceeding eight feet in length, both collar or harness and the leash to be of sufficient strength to restrain the dog, and which leash shall be held by a person having the ability to control and restrain the dog by means of the collar or harness and the leash.
- Any person who owns, keeps, harbors or has the care, custody or control of a dog or other animal. Dogs owned by minors less than 18 years of age shall be deemed to be in the custody and control of parents or other head of household where the minor resides. Any person harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be deemed to be the owner of the dog for the purposes of this article.
- 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.
- An individual who maintains a residence within the Town of Clay, County of Onondaga, 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 Clay, County of Onondaga, 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. No license shall be required for any dog which 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 of the Town a rabies certificate, together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Town.
The Town does not allow the licensing of dogs by a pound or shelter. The shelter must send the adoptive dog owners to the Town Clerk of the Town of Clay.
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 issued pursuant to this article shall be valid for a period of one year and shall expire on the first day of the month of the period for which it was issued.
Leashing. No owner of any dog shall permit such dog to be at large in the Town of Clay, County of Onondaga, State of New York, unless under leash as defined herein or unless accompanied by its owner or a responsible person able to control the dog; dogs hunting in company with hunters are considered as accompanied by their owners.
Prohibited in certain places. No owner shall permit his dog, whether leashed or unleashed, to be in any restaurant, grocery store or commercial establishment which sells food for human consumption or in any cemetery or public building except a seeing eye or therapy dog accompanying its owner.
Damage by dog.
No owner of a dog shall permit such dog to damage or destroy property of any kind.
The owner of a dog shall not permit his dog, even though leashed, to do any of the following acts:
Damage or destroy property not belonging to the owner of the dog;
Deposit waste on the property of another individual or entity unless with prior approval; and
Deposit waste on property of the Town or an individual unless such waste is immediately removed for suitable and proper disposal.
Habitually barking dog. No person shall keep, suffer or permit to be kept on the premises occupied by such person any dog which by its continual barking, howling or whining or other frequent or long-continued noises shall unreasonably disturb the comfort or repose of any person.
Unsanitary premises. No owner of a dog shall permit the premises, structures or enclosures in which such dog is kept to be unclean or unsanitary.
Animal Control Officers or any other person appointed by law to control dog activities shall enforce the provisions of this article and may also investigate and report to a Town Justice any dangerous dog as described in § 121 of the Agriculture and Markets Law and shall enforce and carry out other duties as set forth in Article 7 of the Agriculture and Markets Law of the State of New York, except as same may be modified by this article.
The Animal Control Officers or any other person appointed by law to control dog activities shall also have the authority to issue an appearance ticket pursuant to the Criminal Procedure Law for any violation of this article or Article 7 of the Agriculture and Markets Law of the State of New York.
An answer to such appearance ticket may be made by registered or certified mail, return requested, within five days of the violation as provided in Subsection B(2) and (3) of this section in lieu of personal appearance at Justice Court on the return date at the time specified in said appearance ticket.
If a person charged with the violation admits to the violation as charged in the appearance ticket, he may complete the form attached to the appearance ticket and forward such form and appearance ticket. The Town Justice to whom the ticket has been referred shall inform the violator as to the amount of the penalty for the violation charged. A cashier's check, cash, money order or credit card must then be submitted.
If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he may complete the form likewise prescribed for that purpose and forward such form and appearance ticket, together with security in the amount as provided in Chapter 105, Fees, to the office specified on such appearance ticket. Upon receipt, such answer shall be entered and a new return date established by said office. Such person shall be notified by return mail of the date, time and place of such return date, and the security shall be returned upon appearance thereat. If a person shall fail to appear at a return date, when such is provided for pursuant to this section, the security posted to secure such appearance shall be forfeited and a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law of the State of New York.
Care of seized dog. Every dog seized shall be properly fed and cared for at the expense of the Town until disposition thereof be made as herein provided.
Dogs not identified. Each dog which is not identified, whether or not licensed, shall be held for a period of five days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 of the Agriculture and Markets Law and further provided that the owner pays the fees hereinafter set forth.
Identified dogs. Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the fees as hereinafter set forth and by producing proof that the dog has been licensed.
Forfeiture. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized subject to the provisions of Subdivision 2-a of § 374 of the Agriculture and Markets Law of the State of New York.
Adoption. No dog shall be delivered for adoption unless it has been licensed pursuant to the provision of the Agriculture and Markets Law and this article prior to its release from custody from a pound or shelter. Fees in accordance with this article may be charged for accrued boarding expenses and distemper shots.
Each dog found to be unlicensed during a Town dog enumeration shall be subject to a dog enumeration surcharge of $5, payable at the time the application is filed to license said dog.
A replacement tag fee of $3 shall be charged to offset the costs associated with the provision and replacement of identification tags.
There shall be no fee for any license issued for the following:
Guide dog (as defined in Article 7 of the New York State Agriculture and Markets Law).
Hearing dog (as defined in Article 7 of the New York State Agriculture and Markets Law).
Service dog (as defined in Article 7 of the New York State Agriculture and Markets Law).
War dog (as defined in Article 7 of the New York State Agriculture and Markets Law).
Working search dog (as defined in Article 7 of the New York State Agriculture and Markets Law).
Detection dog (as defined in Article 7 of the New York State Agriculture and Markets Law).
Police work dog (as defined in Article 7 of the New York State Agriculture and Markets Law).
Therapy dog (as defined in Article 7 of the New York State Agriculture and Markets Law).
Each copy of any license for such dogs shall be marked "Exempt," as may be appropriate, by the Town Clerk, with the proper certificates.
Upon validation by the Town Clerk of the Town, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk of the Town. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereof.
No tag or license shall be transferable outside the Town of Clay. Upon the transfer of ownership of any dog outside the Town of Clay, the new owner shall immediately apply for a new license for the dog where the dog resides. A tag and license cannot be transferred to another dog.
Change of ownership; lost or stolen dogs.
Upon the transfer of ownership of any dog by the owner, residing within the Town of Clay, 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 within the Town of Clay.
In the event of a change in ownership of any dog which 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.
If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within 10 days of the discovery of such loss or theft, notify the Town Clerk.
In the case of a dog's death, the owner of record shall so notify the Town Clerk either prior to renewal of 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. Such identification number shall be carried by the dog on an identification tag which shall be affixed to the collar of the dog at all times.
An identification tag is not required to be worn while the dog is participating in a dog 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. Any replacement tag shall be obtained by the owner at the owner's expense. Any person wishing to replace a tag previously issued shall pay the sum of $3 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.
[Amended 3-7-2016 by L.L. No. 4-2016]
Any person who violates this article or knowingly permits the violation of this article or any section, paragraph or sentence of its provisions shall be deemed to have committed an offense against this article, and for any person convicted of any such violation of this article, the civil penalty shall be $100 for the first violation, $150 for the second violation and not more than $200 and/or imprisonment for not more than 15 days for the third violation and each subsequent violation.
This article shall supersede all prior inconsistent local laws, ordinances, rules and regulations relative to the licensing of dogs within the Town. All prior inconsistent local laws, ordinances, rules and regulations shall be, upon the effectiveness of this article, null and void.
The provisions of this article are declared to be severable, and if any section, subsection, paragraph, sentence, word, clause or part thereof is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses or part of this article.
This article shall become effective January 1, 2011, after filing with the Secretary of State.