[HISTORY: Adopted by the Town Board of the
Town of Victor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-14-1980 by L.L. No. 3-1980]
[Amended 3-26-1990; 1-22-1996 by L.L. No. 1-1996]
A local fee as provided in Chapter 27, Fees, shall be charged for each individual dog license issued in the Town of Victor.
[Added 3-26-1990; amended 12-6-2010 by L.L. No.
10-2010]
The Town Board may establish by resolution a
partial exemption for senior citizens from local dog licensing fees.
Such local fee shall be in addition to the New
York State statutory fee for dog licensing of individual dogs.
[Adopted 3-26-1990 by L.L. No. 1-1990]
These rules and regulations shall be known and
may be cited as the "Dog Control and Licensing Laws of the Town of
Victor."
The purpose of this article shall be to preserve
the public peace and good order in the Town of Victor 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 rights and privileges of other citizens of the Town of Victor.
In order that dogs may be licensed and equitably
controlled within the Town of Victor, the provisions of this article
are hereby adopted.
[Amended 1-22-1996 by L.L. No. 1-1996; 12-6-2010 by L.L. No. 10-2010]
As used in this article, the following terms
shall have the meanings indicated:
Any dog shall be deemed to be "at large" if not accompanied
by a person who:
Is in full control of the dog; or
Who is providing restraint of the dog (by leash or lead, for
example); or
Has confined the dog to an enclosure, such as a cage, motor
vehicle or fence (including an electric fence) in such a manner that
the Dog may not roam freely upon public lands elsewhere than on the
premises of the owner or on the premises of another responsible person
who has knowledge of the dog's presence and who assents thereto.
[Amended 10-24-2011 by L.L. No. 10-2011]
Any action by a dog that might cause reasonable apprehension
of harm or injury to a person, together with the apparent ability
of the dog to inflict such harm. An actual bite by the dog is unnecessary
to meet the qualifications of this definition.
A dog that, without provocation, chases or approaches in
either a menacing fashion or in an apparent attitude of attack or
attempts to bite or otherwise endanger any person or domestic animal
while that dog is off the premises of its owner, keeper or harborer
and not under the reasonable control of its owner, keeper or harborer.
Euthanasia of a dog; the act of painlessly causing the death
of the dog.
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
Arrangement for the sale or destruction of a dog.
Any member of the species canis familiaris. Includes the
plural "dogs" and refers to any dog of either sex or any age unless
otherwise indicated herein.
[Amended 10-24-2011 by L.L. No. 10-2011]
Any person who is appointed by the Town Board to assist in
the enforcement of this article.
Any cat, other dog or any other animal defined as a domestic
animal in Article 7, § 108, of the Agriculture and Markets
Law of the State of New York.
A list of all fees charged by the Town of Victor in conjunction
with this article.[1]
The loss or giving up of any claim to a dog.
Any dog trained to guide blind, deaf or other handicapped
persons.
To provide food and shelter for any dog.
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the state during the period such dog
is being trained or bred for such purpose.
A tag issued by the Town Clerk which sets forth the identification
number of a dog 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.
That when the dog is off the premises of the owner, the dog
is equipped with a collar or harness to which is attached a leash
of sufficient strength to restrain the dog.
[Amended 9-12-2022 by L.L. No. 4-2022]
The behavior of a dog which would cause a person to reasonably
believe that the dog would cause physical injury to such person.
Any person who is a licensed owner of a dog. This term also
includes any person who owns, keeps or harbors or who has the care,
custody or control of a dog. Dogs owned by minors shall be deemed
to be in the care, custody and control of the minor's parents or other
head of the 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 chapter shall be deemed to be the owner
of the dog for purposes of this chapter.
[Amended 10-24-2011 by L.L. No. 10-2011]
Punishment fixed by law.
Any person who harbors a dog for an individual who lives
off the premises.
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work purposes.
An enclosure or structure on the owner's or keeper's property
which securely confines a dog indoors or securely encloses a dog in
a locked pen or structure suitable to prevent the entry of young children
and designed to prevent the dog from escaping.
Any serious injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the state during the
period such dog is being trained or bred for such purpose.
Includes all who reside in the Town of Victor.
A dog that, without provocation, bites, injures or kills
a human being, other dog, cat or domestic animal.
Any dog which has been honorably discharged from the United
States armed services.
The dog was not teased, tormented or abused by a person or
the dog was not coming to the aid or the defense of a person who was
not engaged in illegal or criminal activity and who was not using
the dog as a means of carrying out such.
Any dog that is trained to aid in the search for missing
persons, is actually used for such purpose and is registered with
the department; provided, however, that such services provided by
said dog shall be performed without charge or fee.
A.Â
Licensing
of dogs.
[Amended 4-12-2004 by L.L. No. 3-2004; 12-6-2010 by L.L. No.
10-2010]
(1)Â
The owner of any dog four months of age or older shall be required
to make application for and obtain a dog license. Such application
shall be made to the Town Clerk, who will be responsible for processing
the application and issuing dog licenses. Proof of rabies vaccination
and certification of alteration of any spayed or neutered dogs, plus
the appropriate fees and surcharges, must accompany the application.
(2)Â
Dog license fees and surcharges shall be set by the Town Board by resolution. Said Fees and surcharges will be on file with the Town Clerk and will also be set forth at Chapter 27, Fees, of the Victor Town Code.
(3)Â
Once licensed, each dog will receive an identification tag from the
Town of Victor. Each dog shall be required to wear said identification
tag at all times.
(4)Â
All dog licenses and renewals thereof issued by the Town of Victor
will expire at the end of the month one year from the date of issuance.
(5)Â
No new purebred license discounts will be issued after January 1,
2011. Those holding purebred licenses before December 31, 2010, shall
have the option of maintaining their current purebred licenses and
renewing said licenses at applicable dates, as required.
[Amended 11-26-2012 by L.L. No. 18-2012]
B.Â
Dog
license and fee/surcharge exemptions.
(1)Â
Any dog harbored within the Town of Victor which is owned by a resident
of New York City or by a nonresident of the State of New York and
licensed by a jurisdiction outside of New York shall for a period
of 30 days be exempt for the licensing provision of this law.
(2)Â
Although these dogs must be licensed, guide, hearing service, war,
working search, detection, police and therapy dogs are exempt from
local license fees, but are still subject to surcharges, as set forth
in the fee provisions for dog licensing.
D.Â
Prohibited in certain places. No owner shall permit
his dog, whether leashed or unleashed, to be in any restaurant, grocery
or commercial establishment which sells food for human consumption.
This provision does not apply to guide dogs and security patrol dogs.
E.Â
Dangerous dogs. No person shall keep or permit to
be kept a dog which meets the criteria of a dangerous dog as defined
in the terms of this article.
F.Â
Vicious dogs. No person shall keep or permit to be
kept a dog which meets the criteria of a vicious dog as defined in
the terms of this article.
(1)Â
No person shall keep or permit to be kept a dog which
has attacked any person peaceably conducting himself or herself in
any place where that person may lawfully be. Any dog which has bitten,
chased, worried, injured or killed any such person is in violation
of this article.
(2)Â
A dog which has attacked any other lawful animal in
a place where the attacked animal is lawfully confined is in violation
of this article.
G.Â
Damage by dog. No owner of a dog shall permit or tolerate
such dog to damage or destroy property of any kind or to deposit waste
or allow a dog to commit a nuisance upon the premises of a person
other than the owner or person harboring such a dog.
H.Â
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. The Town Health Officer will determine whether
any area is unclean or maintained in an unsanitary condition.
I.Â
Annoyance. No owner of a dog shall permit such dog
to engage in loud howling, barking, crying, or whining for a period
of time lasting 15 consecutive minutes or longer.
[Added 6-24-2002 by L.L. No. 4-2002]
J.Â
Breeding. Every female dog in heat shall be confined in a building
or secure enclosure in such a manner that such female dog cannot come
into contact with another animal except for planned breeding.
[Added 10-24-2011 by L.L. No. 10-2011]
[Amended 10-24-2011 by L.L. No. 10-2011]
A.Â
Violations.
Any person, firm or corporation who fails to comply with or violates
any provisions in this chapter shall be guilty of an offense and subject
to the penalties of that offense or offenses. Failure to comply with
an order of the court relating to this article shall be deemed a separate
offense and treated accordingly.
B.Â
Penalties. Any person, firm, company or corporation
which neglects or refuses to do any act required by this article shall
be guilty of an offense. The penalty for the first violation is a
fine not to exceed $25. Each week that such violation, disobedience,
omission, neglect or refusal continues or arises shall be deemed a
separate offense. The penalty for the second violation within the
preceding five years is a fine not to exceed $50. The third violation
and all subsequent violations within the preceding five years have
a penalty of a fine not to exceed $100 or a term of imprisonment not
to exceed 15 days, or both. Fines will be imposed by the Judge after
due consideration of the conditions of the violation and the severity
of the offense.
[Amended 10-28-2002 by L.L. No. 10-2002; 10-24-2011 by L.L. No. 10-2011]
The Town Board shall appoint a Dog Control Officer or Officers
as needed pursuant to the Agriculture and Markets Law of the State
of New York. It shall be the duty of such Dog Control Officer or Officers,
as well as all peace officers within the Town of Victor, to enforce
appropriate provisions of this article, as well as the Agriculture
and Markets Law, with respect to dogs in the Town of Victor. The Town
Board authorizes Ontario County (or contractors thereof), the Ontario
County Sheriff's Department and the New York State Police to enforce
any provisions of this Chapter, as well as applicable provisions of
the Agriculture and Markets Law of the State of New York. In addition,
any Dog Control Officer or peace officer of the Town is hereby authorized
to serve any process related to any proceeding, whether criminal or
civil in nature, including any appearance ticket (pursuant to § 150.20
of the Criminal Procedure Law), in accordance with the provisions
of this article.
A.Â
Authority of the Dog Control Officer. The provisions of this chapter
may be enforced by any person, municipality, or organization for the
prevention of cruelty to animals, appointed by law or pursuant to
contract with the Town of Victor.
B.Â
Appearance tickets; filing of complaints.
(1)Â
The Dog Control Officer is hereby authorized to issue and serve appearance
tickets after observing any violation of this article in his presence
or after receiving a signed complaint as hereinafter set forth. If
the Dog Control Officer serves said appearance ticket and it is disregarded,
the Town Justice shall permit the filing of an information from said
Officer and shall issue a warrant of arrest for such person.
(2)Â
Any person who observes a dog causing damage or destruction to property
other than its owner's or committing a nuisance upon the premises
of a person other than its owner may file a signed complaint, under
oath, with the Town Clerk, and such complaint shall be referred by
the Clerk to the Dog Control Officer, specifying the objectionable
conduct of the dog, the date thereof, the damage caused, a description
of the dog, if known, and the name of the owner or person harboring
said dog, if known.
(3)Â
Oral complaints made to the Town Clerk or Dog Control Officer must
include the complainant's name and address and may be used only as
a basis for investigation by the Dog Control Officer or peace officer.
A.Â
Care and seizure of dogs.
[Amended 10-24-2011 by L.L. No. 10-2011]
(1)Â
Seizure. A Dog Control Officer may seize any dog in the Town of Victor
found to be:
(a)Â
At large;
(b)Â
Unlicensed;
(c)Â
Not in the control of its owner or custodian or not on the premises
of its owner or custodian, and for which dog there is probable cause
to believe it is dangerous; or
(d)Â
Any dog which poses an immediate threat to public safety; or
(e)Â
Otherwise in violation of this chapter.
(2)Â
Care of seized dogs. Every dog seized shall be properly fed and cared
for until the dog is disposed of pursuant to the applicable provisions
of the Agriculture and Markets Law of the State of New York.
B.Â
Notice to owner regarding seizure of dogs.
[Amended 10-24-2011 by L.L. No. 10-2011]
(1)Â
In the event that the dog seized bears a license tag, the Dog Control
Officer shall ascertain the owner of the dog and shall give immediate
notice by personally serving such owner or an adult member of his
family over 18 years of age or other resident of suitable age and
discretion, in writing, stating that the dog has been seized and that
the dog will be disposed of unless redeemed within the time period
and by the procedure specified in this article. If the Dog Control
Officer is unable to personally notify the owner or adult member of
his family, a notice of seizure will be sent to the owner of record
by certified mail.
(2)Â
The notice given by the Dog Control Officer, pursuant to this section,
shall contain a statement advising the owner that, in the event of
the owner's failure to redeem the dog within the time allowed, all
costs in connection with the seizure, feeding, care, housing and disposal
or destruction of said dog shall be a charge against the owner, and
written request will be made for said expenditure.
C.Â
Holding periods.
[Amended 11-26-2012 by L.L. No. 18-2012]
(1)Â
An unlicensed
dog shall be redeemed within five days of seizure. The owner shall
obtain a current license from the Town Clerk and shall pay all fees
applicable for redemption to the Dog Control Officer.
(2)Â
A licensed
dog shall be redeemed within seven days if notification of seizure
was served in person to the owner of record or within nine days if
notification was made to said owner by certified mail and upon payment
of the applicable fees.
(3)Â
No dog
may be redeemed until the owner has paid the applicable fees for each
day the dog has been impounded since the date of seizure of the dog
to the date of redemption, inclusive. A fee for seizure will be charged.
Said fees shall be paid to the Dog Control Officer. Upon proof of
payment of said fees, the Dog Control Officer will issue a release
form that will be presented by the owner to the holding kennel.
D.Â
Forfeiture and adoption or sale. If a dog so seized is not redeemed in the time hereinafter set forth, the owner shall forfeit all title to the dog, and the dog shall be offered for adoption by the Dog Control Officer or destroyed. The language of this article entitled "forfeiture" shall be plainly written in bold type on the seizure notice which shall be served pursuant to Subsections B and C of this section referred to above. The Dog Control Officer may offer for adoption or dispose of any dog seized after the expiration of the redemption period at such cost as the Dog Control Officer deems to be necessary. The Dog Control Officer shall keep a record of all sales of seized dogs, and such records shall be a public record.
[Amended 11-26-2012 by L.L. No. 18-2012]
[Amended 10-24-2011 by L.L. No. 10-2011]
A.Â
The Victor Town Board may at any time by order require that all dogs
in such municipality shall be securely confined between sunset and
one hour after sunrise during the period of time designated in the
order, or, if no time is so designated, until the order is revoked.
B.Â
Notice of such order shall be given by publication in a newspaper
or newspapers of general circulation in said municipality which shall
be designated by such governing body and by filing a copy of the order
in the office of each clerk in the area affected by such order.
C.Â
Any dog control officer, peace officer, acting pursuant to his special
duties, or police officer shall destroy or seize any dog not confined
as required by such order, and no liability in damages or otherwise
shall be incurred on account of such destruction or seizure. A dog
shall not be deemed to be in violation of such order if accompanied
by and under the full control of the owner.
[Amended 10-24-2011 by L.L. No. 10-2011]
A.Â
Specific protections from civil liability are offered to those who
have been attacked or to persons who have witnessed an attack by a
dog upon another person or an animal who is in any place where he
or she may lawfully be. Section 123-a of the Agriculture and Markets
Law of the State of New York outlines these remedies, which also are
permitted by this chapter.
(1)Â
If any dog shall, without justification, attack a person, or behaves
in a manner which a reasonable person would believe poses a serious
and unjustified imminent threat of serious physical injury to a person,
when such person is peaceably conducting himself in a place where
he may lawfully be, such person or any other person witnessing the
attack or threatened attack may destroy such dog while so attacking,
and no liability in damages or otherwise shall be incurred on account
of such destruction.
(2)Â
If any dog shall, without justification, attack a companion animal,
farm animal or domestic animal, or shall behave in a manner which
a reasonable person would believe poses a serious and unjustified
imminent threat of serious physical injury or death to a companion
animal, farm animal or domestic animal, where such animal is in any
place where it may lawfully be, the owner or caretaker of such animal,
or any other person witnessing the attack, may destroy such dog, and
no liability in damages or otherwise shall be incurred on account
of such destruction.
B.Â
Dangerous dogs. Pursuant to § 123 of the Agriculture and
Markets Law of the State of New York, any person may make a complaint
of any attack upon a person or of an attack, chasing or worrying of
a domestic animal to the Dog Control Officer. The Officer shall immediately
inform the complainant of his right to commence a proceeding against
the owner of the dog. Further, if there is reason to believe the dog
is a dangerous dog, the Officer shall immediately commence such a
proceeding himself. Such complaint shall be resolved in accordance
with § 123 of the Agriculture and Markets Law of the State
of New York.
The Town Board may from time to time amend,
supplement, change, modify or repeal this article pursuant to the
provisions of the Town Law thereof.
