Town of Wilson, NY Dogs

The purpose of this article is to preserve the public peace and good order in the Town of Wilson and to contribute to the public welfare, preservation and protection of the persons and property of the inhabitants thereof by declaring and enforcing certain regulations and restrictions on the activities of dogs and their owners and to provide sanctions against owners of dogs for failure to license the same in accordance with the laws of New York.

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

OWNER

Any person who harbors, feeds or keeps any dog for more than one week. In the event that any dog found in violation of this article shall be owned by a person under the age of 18, the owner shall be deemed to be the parent or guardian of such person. In the absence of a parent or guardian, the head of the household in which the person under the age of 18 resides shall be deemed the owner.

§ 63-2 Where applicable.

[Amended 5-29-1975 by L.L. No. 3-1975]

This article shall apply to all areas within the Town of Wilson except the incorporated Village of Wilson; provided, however, that the licensing provisions of this article and similar provisions of Article 7 of the Agriculture and Markets Law shall be enforceable against any resident of the Village of Wilson.

§ 63-3 Unlawful actions.

[Amended 5-19-2010 by L.L. No. 2-2010]

It shall be unlawful for any owner or any person harboring any dog in the Town of Wilson to permit or allow such dog to:

Run at large, defined as being unleashed and on property open to the public or 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 "at large" if it:

(1)

Is accompanied by and under the immediate supervision of the owner, leashed or restrained by a leash, which means that the dog is equipped with a collar or harness of sufficient strength and tightness to which is attached a leash of not more than eight feet in length, which leash shall be held by a person having the ability to control and restrain the dog by means of such collar or harness and a leash. A harness worn by a guide dog for the blind shall be considered a suitable leash;

(2)

Is a police work dog in use for police work; or

(3)

Is accompanied by its owner and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.

Engage in habitual loud howling, barking, crying, or whining or to conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring the dog.

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

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, run alongside of or bark at motor vehicles, bicycles or other vehicles.

Be and/or remain unlicensed in contravention of the provisions of Article 7 of the Agriculture and Markets Law of the State of New York.

§ 63-4 Filing of complaint.

Any person who observes a dog causing damage or destruction to property of a person other than its owner or committing a nuisance upon the premises of a person other than its owner or violating any of the provisions of § 63-3 herein may file a signed complaint under oath with a Town Justice of the Town of Wilson specifying the objectionable conduct of the dog, the date thereof, any damage caused, a description of the dog and the name and residence, if known, of the owner or person harboring such dog.

§ 63-5 Summons.

Upon receipt by the Town Justice of any complaint against the conduct of a particular dog, the Town Justice may summon the alleged owner or other person harboring such dog to appear in person before him. If the summons is disregarded, the Town Justice may permit the filing of an information and issue a warrant for the arrest of such person.

§ 63-6 Violation of state law to be tried in local court.

Any prosecution under the provisions of Subsection F of § 63-3 of this article may be commenced in any local criminal court having jurisdiction, including the Town Court of the Town of Wilson.

§ 63-7 Penalties for offenses.

[Amended 5-29-1975 by L.L. No. 3-1975; 9-20-2004 by L.L. No. 2-2004]

Any person who violates this article or who knowingly permits the violation of any provision thereof, except Subsection F of § 63-3, shall be deemed to have committed a violation, and any person convicted of such violation, after hearing, shall be subject to a fine not exceeding $250 and/or imprisonment for a period not exceeding 15 days. Any violation of Subsection F of § 63-3 shall be punishable in accordance with Section 119 of the Agricultural and Markets Law. Each day that any violation continues shall be deemed a separate offense.

§ 63-8 Enforcement.

[Added 9-20-2004 by L.L. No. 2-2004[1]]

Dog control officers, as defined in Article 7 of the Agriculture and Markets Law of the State of New York, and any peace officer employed by the Town shall be responsible for enforcement of the provisions herein as well as Article 7 of the Agriculture and Markets Law.

[1]

Editor's Note: This local law also provided for the redesignation of former §§ 63-8 and 63-9 as §§ 63-11 and 63-12, respectively.

§ 63-9 Impoundment fees; additional costs.

[Added 9-20-2004 by L.L. No. 2-2004; amended 5-19-2010 by L.L. No. 2-2010]

Any person claiming ownership of any dog seized pursuant to § 118 of the Agriculture and Markets Law of the State of New York shall pay the following impoundment fees at redemption and shall produce proof of licensing:

(1)

For the first impoundment of any dog owned by that person: $20.

(2)

For the second impoundment, within one year of the first impoundment, of any dog owned by that person: $40.

(3)

For the third and subsequent impoundment, within one year of the second impoundment, of any dog owned by that person: $60.

In addition thereto, any person claiming ownership of any dog shall be responsible for paying the sum of $10 for each 24 hours or part thereof for sheltering, feeding and watering said dog.

In any case where veterinary care is necessary to protect the health and welfare of a dog, in addition to the impoundment fee the Town shall also charge for the cost of such veterinary care.

If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees set forth in Subsection A of this section whether or not such owner chooses to redeem his or her dog.

§ 63-10 Applicability of statute.

[Added 9-20-2004 by L.L. No. 2-2004]

The provisions of Article 7 of the Agriculture and Markets Law of the State of New York shall be applicable in addition to the provisions set forth in this article.

Article II Licensing Fees

[Adopted 9-10-1979 by L.L. No. 1-1979[1]]

[1]

Editor's Note: This local law became effective 10-1-1979.

§ 63-11 Statutory authority.

In accordance with § 109 of Article 7 of the Agriculture and Markets Law of the State of New York, as amended by Chapter 220 of the Laws of 1978, the Town Board of the Town of Wilson desires to establish certain dog license fees in an attempt to deal with dogs in a modern and humane fashion and to repeal the existing dog license fees.

§ 63-12 Fees.

[Amended 10-3-1988 by L.L. No. 5-1988; 3-11-1996 by L.L. No. 2-1996; 5-19-2010 by L.L. No. 2-2010]]

An applicant for a dog license after January 1, 2011, shall pay to the Town Clerk or Dog Warden at the time of making said application the following total fees:

License and tag fees for each neutered or spayed dog: $8.

License and tag fees for each unspayed or unneutered dog: $16.

Purebred licenses for up to 10 dogs: $40; for up to 25 dogs: $70.