[HISTORY: Adopted by the Town Board of the Town of Liberty
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-20-2010 by L.L. No. 3-2010]
The title of this article shall be the "Dog Control and Licensing
Law of the Town of Liberty."
This article is enacted pursuant to the provisions of Article
7, §§ 109, 110 and 122 of the New York State Department
of Agriculture and Markets Law of the State of New York, amended as
of January 1, 2011.
The Town Board of the Town of Liberty finds that dogs running
at large, vicious dogs and other uncontrolled behavior of licensed
and unlicensed dogs has caused physical harm to persons and other
animals, damage to property and created nuisances and dangerous situations
within the Town. The purpose of this article is to provide for the
licensing and identification of dogs, the control and protection of
the dog population and the protection of persons, property, domestic
animals and deer from dog attack and damage.
As used in this article, the following terms shall have the
meanings indicated:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article and as amended
thereafter.
The Town of Liberty Clerk or Deputy Town Clerk or any person
authorized to issue licenses.
That such animal is securely and humanely confined or restrained or kept on the owner's premises, either within a building, kennel or other suitable enclosure or is securely and humanely fastened on an effective tether as set forth in § 50-10B of this article and so arranged that the animal cannot reach or endanger any person on any adjacent premises or on any public street or thoroughfare or, if the animal is being transported by the owner or custodian that it is securely and humanely confined in a crate or other container or so restrained in a vehicle that it cannot be expected to escape there from.
A dog that has engaged in or has been trained to engage in exhibitions of fighting; a dog that has attacked a person or domestic animal without justification causing serious bodily injury or death; a dog that has behaved in a manner that a reasonable person would believe posed an unjustified threat of attack, serious injury or death to a person or domestic animal; a dog that has committed a nuisance three or more times or a dog that was previously declared dangerous by a Town Justice of the Town of Liberty or a court of any other jurisdiction. A dog's breed shall not be considered in determining whether or not it is "dangerous". Dangerous dog designation shall be made as set forth in § 50-17 of this article.
Male and female, licensed and unlicensed, member of the species
canis familiaris.
Any person authorized by the Town of Liberty to enforce the
provisions of this article and/or the provisions of Article 7 of the
Agriculture and Markets Law of the State of New York.
To provide food and/or shelter to any dog.
Any owner of any dog in the Town of Liberty who has violated, three or more times, any section contained in this article or of Articles 7 and 26 of the Agriculture and Markets Law of New York State or any combination of three violations of this article and of Articles 7 and 26 of the Agriculture and Markets Law of New York State, including, but not limited to, running at large, trespassing, creating a nuisance, being off leash, causing property damage or allowing cruelty to animals, may be designated as an irresponsible dog owner as set forth in § 50-16A and B of this article by a Justice of the Town of Liberty Justice Court.
The party making application for the license for such dog.
If an animal is not licensed, the term "owner" shall designate and
cover any person or persons, firm, association or corporation who
or which at any time owns or has custody or control of, harbors or
is otherwise responsible for any animal which is kept, brought or
comes within the Town. Any person owning or harboring a dog for a
period of one week prior to the filing of any complaint charging a
violation of this article or a violation of the Agriculture and Markets
Law of the State of New York shall be deemed to be an owner of such
dog, unless, in the case of a stray dog, that person notifies the
Dog Control Officer of the presence of the dog and identifies the
dog as a stray prior to the complaint.
Any person with a disability as that term is defined in Subdivision
22 of § 292 of the New York State Executive Law.
Any dog owned or harbored by any municipal police department
or any state or federal law enforcement agency, which has been trained
to aid law enforcement officers and is actively being used for law
enforcement including detection dogs.
An unidentified or identified dog which is unattended, uncontrolled
and/or unleashed in a public place or unattended, uncontrolled and/or
unleashed on private property without the knowledge and consent of
the owner of such properties.
Any dog that is trained to aid in the search and/or rescue
of missing persons and is actually used for such purposes.
Any resident of the Town of Liberty reaching age 65 or older.
Any dog that has been or is being 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; to include hearing dogs and
guide dogs for the blind.
Any dog not confined by its owner.
Any dog that is trained and certified to aid in the emotional
and physical health of a person and being used for such.
Designates the area within the corporate limits of the Town
of Liberty, excluding the Village of Liberty.
A.
All dogs within the Town of Liberty reaching the age of four months
or older, unless otherwise exempted, shall be licensed. The owner
of each dog required to be licensed shall obtain, complete and return
to the Town Clerk a dog license application together with the license
application fee, any applicable license surcharges and such additional
fees as may be established by the Town of Liberty.
B.
Each license application shall contain the dog's owners name,
address, phone number and the dog's name, breed, age, color,
sex and official municipal identification number. The 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.
C.
Each license issued shall be valid for a period of one year and shall
be nontransferable.
D.
The Town of Liberty Town Board shall establish from time to time
by resolution and incorporate in the Town of Liberty Fee Schedule
the fee for dog licenses to be issued pursuant to this article, including
such surcharge as it may require for unspayed or unneutered dogs.
E.
Town of Liberty Town Board shall establish from time to time by resolution and incorporate in the Town of Liberty Fee Schedule a reduced fee for senior citizens as defined in § 50-4 of this article for dog licenses to be issued pursuant to this article.
F.
In addition to the license fee established by this article, each
applicant for a dog license shall pay a surcharge of $1 if the dog
to be licensed is altered or a fee of $3 if the dog sought to be licensed
is unaltered, or in such other amounts as may be established from
time to time by resolution of the Town Board and incorporated in the
Town of Liberty Fee Schedule. This surcharge shall be remitted by
the Town of Liberty to the Department of Agriculture and Markets for
transmittal to the State Comptroller for deposit in the population
control fund.
G.
The Town of Liberty Town Board may require each applicant for a dog
license to pay a surcharge, established from time to time by resolution
of the Town Board and incorporated in the Town of Liberty Fee Schedule,
which surcharge shall be retained by the Town of Liberty and used
to defray the cost of an enumeration of dogs living within the Town
of Liberty and the cost of providing replacement identification tags.
A.
The owner of one or more purebred dogs registered by a recognized registry association may annually make an application for a purebred license, in lieu of the individual licenses required by § 50-5 of this article.
B.
A purebred license shall be valid for a period of one year and shall
be renewable annually. It shall be the responsibility of the owner
to provide the Town of Liberty with any changes, additions or deletions
to the purebred license within 30 days of applicable change or prior
to renewal.
C.
The application shall state the name, address and telephone number
of the owner, the sex, breed, registry name and number of each purebred
registered dog over the age of four months which is harbored on the
premises. The application shall also include a statement by which
the owner testifies that all purebred dogs on the said premises over
the age of four months are included on the application.
A.
Each dog licensed pursuant to § 50-5 of this article shall be assigned, at the time the dog is first licensed, a permanent municipal identification number. Such identification number shall be carried by the dog on an official municipal identification tag which shall be affixed to a collar on the dog at all times. Provided that a dog is participating in a dog show, it shall be exempt from this requirement during such participation.
B.
No municipal identification tag shall be transferable.
C.
No tag carrying an official municipal identification tag shall be
affixed to the collar of any dog other than the dog to which that
number was assigned.
D.
The holder of a purebred license may procure, at his expense, any
number of tags imprinted with the same number as the purebred license
assigned to him.
E.
At the time a dog is first licensed, one identification tag shall
be furnished by the Town to the owner at no expense. Any replacement
tags will require the assignment of a new license number and may be
obtained by the owner from the Town for an additional amount as may
be fixed from time to time by resolution of the Town Board and set
forth in the Town of Liberty Fee Schedule.
F.
All official municipal identification tags issued will carry the
assigned number for the dog, and will be imprinted with "The Town
of Liberty" and the telephone number of the Town Clerk for the Town
of Liberty.
A.
In the event of change of ownership, loss, death or theft of any
dog which has been assigned an official municipal identification number
or in the address of the owner of record of any such dog, the owner
of record shall, within 10 days of such change, file with the Town
Clerk a written report of such change. Such owner of record shall
be liable for any violation of this article until such filing is made
or until the dog is licensed in the name of the new owner.
B.
Any person who finds and harbors an animal without knowing the identity of or having the permission of the animal owner shall notify the Town of Liberty Dog Control Officer and furnish a description of the animal, location of where the animal was found and the date the animal was obtained within five days after the date of finding the animal. The Dog Control Officer shall reserve the right to demand possession of such animal and may impound the animal under § 50-14.
Any female dog in heat, unless under the control of its owner,
shall be confined within a protected enclosure on the premises of
the owner and/or person harboring said dog.
A.
Adequate shelter required. Any and all dogs harbored in the Town
of Liberty must be provided with adequate and accessible shelter appropriate
to each dog's breed, physical condition and the climate. The
shelter must have a waterproof roof, be structurally sound and provide
adequate room for free movement to make postural adjustments, including
the ability to stand up, turn around and lie down with its limbs extended.
The owner must effectively remove waste, excretions, dirt and trash.
The housing facility and the area immediately around it, accessible
to the dog, shall be cleaned regularly to maintain a healthy and sanitary
environment and to minimize health hazards.
B.
Tethering of dogs. Any dog tethered in the Town of Liberty shall be so confined as to provide for the comfort and safety of the dog. The dog will be secured in a way that the tether cannot become entangled with other objects. Collars or harnesses used to attach a dog must be comfortable and properly fitted at the discretion of the Town of Liberty Dog Control Officer. Excessive collars, such as but not limited to heavy chains and choke chains, shall be prohibited. Restraints must allow the dog to move about and lie down comfortably with access to adequate shelter as defined in § 50-10A of this article. Any dog tethered in the Town of Liberty must, on occasion and no less than once every two days, be removed from the tether for at least two hours in each two-day time interval.
C.
All dogs within the Town of Liberty will be provided with adequate
food and access to clean drinking water at all times.
D.
No animal shall be confined within or on a motor vehicle at any location
in the Town of Liberty under such conditions as may endanger the health
or well-being of the animal, including but not limited to dangerous
temperatures.
E.
No animal shall be left for more than 12 consecutive hours without
minimal care.
F.
No person shall knowingly place food of any description containing
poisonous or other injurious ingredients in any area reasonably likely
to be accessible to animals, except as provided by law for nuisance,
vector, or predator control.
A.
It shall be unlawful for any owner of any dog in the Town of Liberty
to permit or allow such dog to;
(1)
Run at large other than on premises owned or operated by the owner
or on premises where the dog owner has the landowner's permission
to allow the dog to run.
(2)
Trespass.
(3)
Be off leash when the dog is off the owner's property. The leash
must be no more than six feet in length. Dogs must be accompanied
by and under direct control of their owner or custodian.
(4)
For the purposes of this article, any dog or dogs hunting in company
of a hunter or hunters shall be considered as accompanied by their
owner and a dog or dogs performing farm or livestock duties shall
be considered as accompanied by their owner.
(5)
Engage in habitual loud howling, barking, crying or whining or conduct
itself in such a manner so as to unreasonably and/or habitually disturb
the comfort or peace of any reasonable person other than the owner
of the dog.
(6)
Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or any other property not belonging to the owner of the dog.
(7)
Chase, jump upon, harass or threaten any person while that person
is lawfully on any public street, sidewalk or property not owned by
the owner of the dog in a manner which causes a reasonable person
to feel intimidated or put such a person in fear of bodily injury.
(8)
Chase, run alongside or bark at any motor vehicle or bicycle while
said vehicle or bicycle is on a public street or highway or upon public
or private property.
(9)
Defecate, urinate or dig on public or private property other than
the property of the owner. Any person in physical possession or control
of any animal off the premises of the animal's owner shall immediately
remove excrement or other solid waste deposited by the animal in any
public or private area.
B.
It shall be unlawful for any owner or custodian of any dog to knowingly
and intentionally, whether for amusement of self or others, or for
financial gain, cause or allow any animal to fight or injure any other
animal, cause it to be fought or injured by any other animal or to
train or keep for the purpose of training any animal with the intent
that the animal shall be exhibited combatively with any other animal.
Anyone who permits such conduct on premises under that person's
control, and any person present as a spectator at that exhibition,
shall be considered a violator of this article and subject to arrest
and punishment upon conviction.
C.
The owner of any dog harbored in the Town of Liberty will be held
responsible for every behavior of such dog under the provisions of
this article.
D.
It shall be unlawful for the owner, lessor, operator or person in control of any land, hotel, bungalow colony, apartment house, rooming house, mobile home park, resort, camp or campgrounds situated in the Town of Liberty to allow any dog owned by or in the possession of any guest, tenant, lessee, occupant or employee of any portion of said premises to run at large on any portion of said premises or to violate any other restriction or provision contained in § 50-11A of this article. The owner, lessor, operator or person in control of any said parcel or land shall ensure that proper housing or shelter, confinement and tethering be provided for any dogs harbored on said property.
A.
Any dog harbored in the Town of Liberty shall be vaccinated against
rabies and such vaccination shall be kept current by appropriate subsequent
vaccination.
B.
Upon request of a Town Justice, Town Clerk, Dog Control Officer,
peace officer, police officer or law enforcement officer, the owner
or person in custody of any dog in the Town of Liberty shall provide
a current certificate of rabies vaccination.
This article shall be enforced by a Dog Control Officer as defined in § 50-4 of this article or any peace officer or police officer of the Town of Liberty or any law enforcement officer with jurisdiction in the Town of Liberty.
A.
Any dog control officer or peace officer acting pursuant to his/her
special duties, or any police officer in the employ of or under contract
with the Town of Liberty, shall seize any dog in violation of this
article or Article 7 of the Agriculture and Markets Law of the State
of New York. Such dog shall be impounded and disposed of in accordance
with this article and Article 7 of the Agriculture and Markets Law
of the State of New York or other applicable provisions within the
Agriculture and Markets Law.
B.
Upon impounding a dog, the Dog Control Officer will make reasonable
effort to notify the owner and inform such owner of the conditions
whereby custody of the animal may be regained, including but not limited
to application for a dog license, current rabies vaccination and payment
of all applicable impoundment fees.
C.
Dogs not claimed by their owners within a period of five full days
become the property of the Town of Liberty.
D.
If convicted of any violation herein, the owner shall pay restitution
as ordered by the Town of Liberty Justice Court and shall pay impoundment
fees in such amount as fixed from time to time by resolution of the
Town Board and set forth in the Town of Liberty Fee Schedule.
E.
Any dangerous dog may be impounded by the dog control officer, peace
officer or any law enforcement officer with jurisdiction in the Town
of Liberty.
F.
In the event that the Town of Liberty Dog Control Officer, a peace
officer, a police officer or other authorized official finds a dog
or dogs to be suffering, they shall have the right to remove or cause
to be removed any such dog or dogs to a safe place for care at the
owner's expense or to euthanize them when necessary to prevent
further suffering. The Town of Liberty, as impounding agency, may
apply for a security bond as provided for in Article 26, § 373,
Subdivision 6a of the Agriculture and Markets Law of the State of
New York. Return of such dog or dogs to the owner may be withheld
pending disposition of criminal charges and until the owner makes
payment in full of all expenses, fines, surcharges and restitution
so incurred.
G.
Disposal of an animal by any method specified here in does not relieve
the owner of liability for violations and any accrued charges.
H.
Any dog seized under this article that becomes the property of the
Town of Liberty shall be disposed of pursuant to Article 7, § 117,
Subdivision 7-a, of the Agriculture and Markets Law of the State of
New York.
A.
The Dog Control Officer, a Peace Officer or a Police Officer of the
Town of Liberty observing a violation of this article in his/her presence
may issue and serve an appearance ticket for such violation. The appearance
ticket shall be in the form prescribed by the Town Board by resolution
and in accordance with the provisions of § 122 of the Agriculture
and Markets Law of the State of New York and this article. An answer
to such appearance ticket shall be made within five days of the violation
by registered or certified mail, return receipt requested, in lieu
of a personal appearance on the return date at the time and court
specified in the appearance ticket in accordance with § 122
of the Agriculture and Markets Law of the State of New York and this
article.
B.
Any person who observes a dog in violation of this article may file a complaint under oath with a Dog Control Officer, peace officer, police officer or law enforcement officer specifying the nature of the violation, the date thereof, a description of the dog and the owner's name and residence if known. Upon receipt by the Dog Control Officer, peace officer, police officer or law enforcement officer of any such complaint, the Dog Control Officer, peace officer, police officer or law enforcement officer shall summon the alleged owner of the dog to appear in person before a Town Justice for a hearing at which both the complainant and the owner shall have an opportunity to be represented by counsel and to present evidence. If, after such hearing, the Town Justice decides that further action is warranted, the Town Justice may, in addition to imposing a penalty pursuant to § 50-19:
(1)
Order the owner to restrain such dog by collar or harness and leash
at all times whether on or off the owner's property.
(2)
Order the owner to confine such dog to the premises of the owner.
(3)
Order that the dog be spayed or neutered.
(4)
Order permanent identification of dog such as by tattoo or microchip.
(5)
Impose such other remedy authorized by law as may be warranted by
the circumstances in each case.
(6)
Order permanent confinement in the case of any dog deemed dangerous
and a threat to public safety.
A.
A hearing shall be held before a Justice of the Justice Court of
the Town of Liberty to determine whether the accused is an irresponsible
dog owner.
(1)
A Dog Control Officer, peace officer, police officer, law enforcement officer or a Town prosecutor, acting upon a complaint or through personal knowledge, may petition the court for a declaration that a person is an irresponsible dog owner as defined in § 50-4 definitions of this article and that he be penalized as provided herein.
(2)
Upon petitioning the court, the accused shall be given notice as
in civil cases that if he does not appear before the court and show
cause why he should not be declared an irresponsible dog owner, then
he shall be declared an irresponsible dog owner and shall be penalized
as provided herein.
(3)
At the court hearing to determine whether the accused is an irresponsible dog owner, the court may admit into evidence all relevant evidence, including but not limited to prior convictions, incident reports and affidavits of witnesses. A jury shall not be available. The court may find, upon a preponderance of the evidence, that the accused is an irresponsible dog owner and, upon such finding, shall impose the penalty or penalties provided in § 50-16B hereof.
B.
An irresponsible dog owner as defined in § 50-4 of this article and declared such as provided in Subsection A of this section shall be penalized with any or all of the following:
(1)
Fine of up to $250 upon the first conviction hereunder; up to $350
upon the second conviction hereunder; and up to $500 upon the third
and subsequent convictions hereunder.
(2)
An irresponsible dog owner may be ordered to permanently surrender
one or all of his dogs to the Dog Control Officer and refrain from
owning, keeping or harboring any dog or dogs for a period of up to
three years or a time the presiding Justice shall deem appropriate.
(3)
Order the owner to restrain such dog by collar or harness and leash
at all times whether on or off the owner's property.
(4)
Order the owner to confine such dog to the premises of the owner.
(5)
Order that the dog be spayed or neutered.
(6)
Order permanent identification of dog such as by tattoo or microchip
at the owner's expense.
(7)
Impose such other remedy authorized by law as may be warranted by
the circumstances in each case.
(8)
Order permanent confinement in the case of any dog deemed dangerous
and a threat to public safety.
C.
The provisions hereof shall be in addition to any other civil, criminal
or administrative laws, regulations or causes of action against the
owner of the dog or any other person, firm, corporation or governmental
entity or employee.
A.
Any person who witnesses an attack or threatened attack, or in the
case of a minor, an adult acting on behalf of such minor, may make
a complaint of an attack or threatened attack upon a person, companion
animal, farm animal to a dog control officer or police/peace officer
of the Town of Liberty. Such officer shall immediately inform the
complainant of his right to commence a proceeding as provided in Article
7, § 123 of the Agriculture and Markets Law of the State
of New York. The officer, at his discretion, may commence such proceeding
without consent of the complainant if the information provided by
the complainant is compelling enough to suspect the dog is a dangerous
dog and a threat to public safety.
B.
Any dog owner violating any provision of a confinement order after
said dog is deemed dangerous by a Justice of the Town of Liberty Justice
Court will be subject to immediate seizure of his dog identified in
the order by the Town of Liberty Dog Control Officer with no further
notice and will become the property of the Town of Liberty.
C.
Any dog owner violating any provision of a confinement order as issued
by a Justice of the Town of Liberty Justice Court may be punishable
as a separate and distinct violation of this article and/or as a criminal
contempt of court as defined in Article 215 of the New York State
Penal Law.
A.
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.
B.
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.
Unless otherwise provided by the Agriculture and Markets Law
of the State of New York or specified in any other section of this
article, any violation of any provision of this article shall be punishable
by a fine of not more than $250 or by imprisonment of not more than
15 days or both.
If any part of this article shall be held invalid, such a part
shall be deemed severable and the invalidity thereof shall not affect
the remaining parts of this article.
No person shall interfere with, hinder, or molest any agent
of the Town of Liberty in the performance of any duty as herein provided.
Any person violating this section shall be subject to the charge of
obstructing governmental administration.
