Town of Corinth, NY Animals

The Town of Corinth, New York, finds that the running of dogs at large and other uncontrolled behavior of dogs has caused physical harm to persons, damage to property and created nuisances within the town. The purpose of this article is to protect the health, safety and well being of persons and property by imposing restrictions and regulations upon the keeping or running at large of dogs and the seizure thereof within the town.

§ 55-2 Authority.

This article is enacted pursuant to provisions of § 124 of Article 7 of the Agriculture and Markets Law.[1]

[1]

Editor's Note: See now § 122 of the Agriculture and Markets Law.

§ 55-3 Title.

The title of this article shall be "Dog Control Ordinance of the Town of Corinth."

§ 55-4 Licensing.

[Amended 11-18-2010 by L.L. No. 1-2010]

License required.

(1)

All dogs in the Town of Corinth must be licensed with the Town Clerk by the age of four months.

(2)

In order to obtain a license, the dog owner must present a certificate from a licensed veterinarian showing that the dog has been vaccinated to prevent rabies, or a statement certified by a licensed veterinarian stating that, because of old age or other reason, the life of the dog would be endangered by the administration of rabies vaccine.

License duration; fee; type.

(1)

All dog licenses will be valid for a period of one year and will expire on the last day of the month one year from the date of issue.

(2)

The fee will be $6 for a spayed or neutered dog and $14 for an unspayed or unneutered dog. Such license fees include the assessment of a $1 surcharge for altered dogs and $3 for unaltered dogs for the New York State Animal Population Control Program, or any county-wide program as may be implemented.

[Amended 4-11-2013 by L.L. No. 1-2013]

(3)

Exemptions.

[Amended 4-11-2013 by L.L. No. 1-2013]

(a)

A guide dog, a police work dog, hearing dog, working search dog or detection dog, as those terms are defined by § 108 of the New York State Agriculture and Markets Law, Article 7, will be exempt from all license fees. Such dogs must be licensed annually.

(b)

A service animal shall be any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. On a case-by-case basis these dogs may be exempt from the license fee if the Town Board so determines.

(4)

The Town of Corinth will not be issuing purebreed or kennel licenses. All dogs will be licensed individually according to the fee system stated above.

Saratoga County Animal Shelter.

(1)

Saratoga County Animal Shelter is authorized to issue dog licenses for dogs which will reside within the Town of Corinth. No other shelter, pound, breeder, or any other facility is authorized to issue licenses for dogs in the Town of Corinth.

(2)

The Saratoga County Animal Shelter is authorized to charge for and collect the license fee.

(3)

All information regarding dogs licensed by the Saratoga County Animal Shelter which reside within the Town of Corinth will be promptly provided to the Town Clerk.

(4)

The Saratoga County Animal Shelter will be solely responsible for collecting the mandatory surcharge ($1 for altered animals and $3 for unaltered animals), for the New York State or county-run Animal Population Control Program.

Obtaining license.

(1)

All dog licenses may be purchased and obtained from the Town Clerk's Office, or by regular mail. All license applications must be on a form issued by the Town Clerk.

(2)

Any application or renewal submitted by mail must be on the appropriate form and must include the applicable fees. Fees are nonrefundable.

Seizure or impounding of dog.

(1)

If any dog is seized or impounded for a violation of this chapter, the impound fee for the first offense will be $10 plus $5 per day. For a second or subsequent offense, the impound fee will be $50 plus $5 per day.

(2)

In addition, if a dog is euthanized, the dog owner shall be responsible for such euthanization charges.

(3)

Impound fees shall be paid to the Saratoga County Animal Shelter, as appropriate.

All licensing fees collected by the Town Clerk shall be used in funding administration of the Animal Control Law of the Town of Corinth and such dog population control programs as the Town Board deems appropriate.

A dog enumeration may be conducted at such intervals as the Town Board deems appropriate. If during a dog enumeration a dog is found to be unlicensed, a fee of $5 will be assessed in addition to all other licensing fees.

§ 55-5 (Reserved) [1]

[1]

Editor's Note: Former § 55-5, Kennels, was repealed 11-18-2010 by L.L. No. 1-2010.

§ 55-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:

AT LARGE

Any dog, if elsewhere than on the premises of the owner, not accompanied by the owner or his agent having said dog under control at all times shall be considered at large. Where a dog does not readily obey the commands of the owner or agent, said dog shall be leashed when off the premises of the owner. No dog shall be deemed at large if it is:

A police dog in use for police work; or

Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on posted land with the permission of the owner of the land;

Seeing Eye dog during such time as such dogs are performing the functions for which they are trained.

HARBOR

To provide food and shelter to any dog.

OWNER

Any person who harbors or keeps any dog. In the event any dog found in violation of this article shall be owned by a person under 18 years of age, the owner shall be deemed to be the parent or guardian of such person (or head of the household in which said person resides).

§ 55-7 Restrictions.

It shall be unlawful for any owner of any dog to permit or allow such dog, in the town of Corinth, to:

Be at large;

Engage in habitual loud howling, barking, crying or whining or to conduct itself in such a manner so as to unreasonably and habitually annoy any person;

Cause damage or destruction to property, or commit a nuisance by defecating or urinating upon the premises of a person other than the owner of 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 while at large; or

Habitually chase, run along side or bark at motor vehicles or bicycles while at large;

Bite, attack, cause injury to a person.

§ 55-8 Enforcement.

This article shall be enforced by any Dog Control Officer, peace officer, when acting pursuant to his special duties, or police officer in the employ of or under contract to the Town of Corinth.

§ 55-9 Dog bites.

[Amended 4-11-2013 by L.L. No. 1-2013]

If any dog kept in the Town of Corinth has bitten a person at any time, the owner shall keep such dog confined for a period of 10 days if proof of rabies vaccination is available. If no such proof can be found then said dog shall be impounded at the Saratoga County Animal Shelter under the direction of the Animal Control Officer for the period of 10 days, at which time the owner shall redeem his dog and take full responsibility for the impoundment fee. Aggressive or possibly dangerous dogs will be handled under New York State Agriculture and Markets Law Article 7, § 123, Dangerous dogs.

§ 55-10 Seizure, impoundment, redemption and adoption.

Any dog found in violation of the provision of § 55-7 of this article may be seized pursuant to the provision of § 118 of the Agriculture and Markets Law.[1]

[1]

Editor's Note: See now § 117 of the Agriculture and Markets Law.

Every dog seized shall be properly cared for, sheltered, fed and watered during the redemption periods set forth in § 118 of the Agriculture and Markets Law.

Seized dogs may be redeemed by providing proof of licensing and identification pursuant to the provision of Article 7 of the Agriculture and Markets Law and by paying the impoundment fees set forth in § 118 of said article and by paying the full board charges of the Saratoga County Animal Shelter.

§ 55-11 Complaint.

Any person who observes a dog in violation of this article may file a complaint under oath with the Dog Control Officer of the Town of Corinth specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this article.

§ 55-12 Appearance ticket.

Any Dog Control Officer, peace officer, when acting pursuant to his special duties, or police officer in the employ of or under contract to the Town of Corinth observing a violation of this article in his presence, or upon obtaining a written complaint under § 55-11 of this article, shall issue and serve upon such person an appearance ticket for such violation.

§ 55-13 Penalties for offenses.

Any person convicted of a violation of this article shall be deemed to have committed a violation and shall be subject to a fine not less than $10 and not to exceed $25 for a first violation, not less than $20 nor more than $50 for a second violation, and shall be subject to a fine of $50 or imprisonment for a period not exceeding 25 days for each subsequent violation.

Article II Control of Nuisance Animals

[Adopted 6-14-2007 by L.L. No. 4-2007; amended 4-11-2013 by L.L. No. 1-2013]

§ 55-14 Purpose.

The purpose of this article is to promote the public health, safety and welfare of the residents of the Town of Corinth by enforcing regulations and restrictions on the activities of domestic animals and the seizure thereof consistent with the rights and privileges of animal owners as well as the rights and privileges of other citizens of the Town.

§ 55-15 Authority.

This article is enacted pursuant to the provisions of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.

§ 55-16 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ANIMAL CONTROL OFFICER

Any person or persons appointed by the Town Board to perform the duties of Dog Control Officer as set forth in Article I, to assist in the enforcement of the Agriculture and Markets Law generally, to enforce the provisions of this article, and to respond to public complaints regarding animals.

NUISANCE WILDLIFE

Nondomesticated wild animals which have entered onto private property and are presenting a danger to persons or property. The term "nuisance wildlife" may include but is not limited to raccoons, skunks, weasels, squirrels, chipmunks, foxes, bats, deer, opossums, fishers and beaver.

OWNER

Any person who owns, harbors or keeps an animal.

SERIOUS PERSONAL INJURY

Physical injury which creates a substantial risk of death, or which causes death, serious and protracted disfigurement, scarring, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

The definitions of terms as set forth in Article 7 of the Agriculture and Markets Law of the State of New York shall be applicable to all such other terms as contained in this article.

§ 55-17 Obligations of owners of animals.

The owner of an animal, whether or not tagged or licensed, shall be responsible for removing and cleaning any waste or excrement deposited by said animal upon public or private property not belonging to the owner. All such waste and excrement shall be removed and thereafter discarded in a safe and sanitary manner to avoid the waste and bacteria from being washed into storm drains or roadside ditches.

The owner of an animal shall provide such animal with adequate and wholesome food and water, adequate shelter and protection from inclement weather, and adequate veterinary care.

No person shall confine an animal in an unattended, enclosed vehicle when the outside temperature is 70° F. or more unless the interior of the vehicle is provided with conditioned air and maintains an internal temperature of 80° F. or less.

The Animal Control Officer or other officer shall have the authority to remove any animal found in an enclosed vehicle when he deems that there is a risk that such animal is suffering excess heat or cold or lack of oxygen.

The owner of an animal shall remove and properly dispose of such animal within 24 hours of such animal's death.

§ 55-18 Additional obligations of owners of cats.

It shall be unlawful for any owner of any cat to permit or allow such cat, while in the Town of Corinth to:

Cause serious personal injury to a person or domestic animal, including but not limited to another cat.

Spray or to defecate in such a way as to cause annoyance to any person other than the owner of such cat.

Cause damage or destruction to property or to commit a nuisance upon the premises of a person other than the owner of such cat.

Remain in the Town of Corinth unless currently vaccinated against feline rabies.

§ 55-19 Veterinary and maintenance costs for seized animals; redemption.

In the event that the Town of Corinth has, either directly or from a third party, including but not limited to any humane society or organization for the protection of animals, taken into its care and custody an animal, the owner of such animal shall pay any veterinary or kenneling costs on behalf of such animal.

§ 55-20 Adoption or euthanization of seized animals not redeemed.

Any animal in the custody of the Town of Corinth may be made available for adoption or euthanized consistent with the provisions of § 118 of the Agriculture and Markets Law.[1] Any animal offered for adoption must be spayed or neutered prior to adoption.

[1]

Editor's Note: See now § 117 of the Agriculture and Markets Law.

§ 55-21 Nuisance wildlife control.

Nuisance wildlife may be transported and released by an individual, including the Animal Control Officer, who possesses a valid license issued by the Department of Environmental Conservation pursuant to New York State Environmental Conservation Law § 11-0524.

§ 55-22 Enforcement.

The Animal Control Officer may enforce the provisions of this article or of the Agriculture and Markets Law and may also investigate and report to a Town Justice of the Town of Corinth, any humane officer or any officer of the Department of Environmental Conservation as appropriate, and may enforce orders of the Town Justice.

§ 55-23 Penalties for offenses.