[HISTORY: Adopted by the Town Board of the
Town of Riga as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-28-1989 by L.L. No. 6-1989]
It appears that dogs in the Town of Riga have,
in some instances, been allowed to cause annoyance and damage to the
person and properties of others and it appearing further that dogs
properly cared for serve a useful purpose, the Town Board of the Town
of Riga enacts the following article to preserve the relationship
between a dog and his master and, at the same time, to protect the
health, safety and property of others from annoyance and damage caused
by dogs.
The title of this article shall be "Dog Control
Law of the Town of Riga."
As used in this article, the following words
shall have the following respective meanings:
The person authorized by the Town Board from time to time,
by resolution, to enforce the provision of this article. A "Dog Control
Officer" shall have all the powers of a constable or other peace officer
in the execution of the provisions of this article, including service
of a summons, the service of an appearance ticket pursuant to and
in accordance with § 113 of the Agriculture and Markets
Law of the State of New York and the service and execution of any
other order of process, notwithstanding any provision of the Justice
Court Act.
[Amended 12-8-2010 by L.L. No. 2-2010]
Howling or barking by a dog for repeated intervals of at
least five minutes with less than one minute of interruptions which
can be heard by any person, including a law enforcement officer or
dog control officer, from a location outside of the owner's or caretaker's
premises.
[Added 10-6-2003 by L.L. No. 4-2003]
Any person who is a licensed owner of a dog and any person
who keeps, feeds or harbors a dog for over one week. The "owner" need
not be a resident of the Town of Riga but, for a violation to occur,
the dog must be in the Town limits of the Town of Riga.
It shall be unlawful for any owner of or any
person harboring any dog to permit or allow such dog while in the
Town of Riga to:
A.
Run at large, unless said dog is restrained by an
adequate collar and leash or unless accompanied by its owner or a
responsible person able to control the animal, except when on the
owner's property or on the private property of another person or persons
with the knowledge and consent of such person or persons. For the
purposes of this article, a dog or dogs hunting in company with a
hunter or hunters shall be considered as accompanied by its owner.
B.
Engage in habitual loud howling or barking or to conduct
itself in such a manner as to habitually annoy any person other than
the owner or person harboring such dog.
C.
Cause damage or destruction to property or commit
a nuisance upon the premises of a person other than the owner or person
harboring such dog.
D.
Chase or otherwise harass any person in such manner
as reasonably to cause intimidation or to put such person in a reasonable
apprehension of bodily harm or injury.
E.
Habitually chase or bark at motor vehicles.
F.
Remain in the Town of Riga unless licensed and cared
for in accordance with provision of the New York State Agriculture
and Markets Law.
A.
Any dog which is within the limits of any village
within the Town of Riga shall be kept confined or on a leash no longer
than eight feet, except when on the owner's property or on the private
property of another person (or persons) with the knowledge and consent
of such person or persons.
B.
The owner of any dog which is within the limits of
any village within the Town of Riga shall not permit his dog to bark,
chew, cry, be vicious or playful or to defecate in such a way as to
cause annoyance to the residents of any such village or damage to
their property, nor shall the owner of a dog allow his dog to tip
over ash cans or other devices used to contain refuse. No owner shall
permit the premises or enclosures in which the dog is kept to be unsanitary
or unclean.
It shall be unlawful for the owner or person
harboring any female dog to permit such dog to run at large when in
heat, and such dog shall be confined to enclosed premises of such
person during such period.
A.
This article shall be enforced by the Dog Control
Officer or other enforcement officer.
B.
The Dog Control Officer or a peace officer observing
a violation of this article in his presence may issue and serve an
appearance ticket for such violation. The appearance ticket shall
be in the form prescribed by this Board by resolution in accordance
with the provisions of § 114 of the Agriculture and Markets
Law and this article.
[1]
Editor's Note: Former § 30-8, License fees, as amended,
was repealed 2-11-2015 by L.L. No. 1-2015. Pursuant to this local
law, the Town Board shall be allowed to establish and amend dog license
fees through the Town Fee Schedule.
The Dog Control Officer is hereby empowered
to seize any dog which has violated any of the provisions of this
article, and any such dog so seized shall be impounded or taken to
such place as may be designated by the Town Board as a place of detention
until disposition thereof shall have been made in accordance with
the provision of this article.
A.
Periods of redemption. Any dog seized by the Dog Control
Officer shall continue to be impounded and held by him for the following
prescribed time periods:
|
Type of Seizure
|
Redeption Period
(days)
| |||
|---|---|---|---|---|
|
Unlicensed dog
|
3
| |||
|
Licensed dog
| ||||
|
If personal notice, from date of notice
|
5
| |||
|
If mail notice, from date of mailing
|
7
| |||
B.
Redemption fees.
(1)
At any time during the period of redemption, the owner
of any dog seized may redeem such dog, provided that such owner produces
proof that the dog has been licensed and has been identified, and
provided further that the owner pays the following redemption fees.
Said fees shall be modified from time to time by the Town Board by
resolution, at its discretion.
[Amended 12-8-2010 by L.L. No. 2-2010]
|
Number of Times Impounded
|
Redemption Fee
| |
|---|---|---|
|
First
|
$20.00
| |
|
Second, within 1 year of first
|
$46.00 for first 24 hours and $10.00 for each
additional 24 hours or part thereof
| |
|
Third or more, within 1 year of first
|
$60.00 for first 24 hours and $10.00 for each
additional 24 hours or part thereof
|
(2)
In addition to the payment of the redemption fees,
the owner of the dog shall pay as additional redemption fees all expenses
for the care and feeding of such dog during the period of its impoundment.
An owner shall forfeit title to any dog unredeemed
at the expiration of the appropriate redemption period, and the dog
shall then be available for adoption or euthanized. The Town shall
keep for one year a record of the disposition of all dogs seized,
which records shall be open to public inspection.
A.
The owner of a dog who is issued an appearance ticket pursuant to § 30-7, Enforcement, herein may answer the same by registered or certified mail, return receipt requested, within five days of the violation(s) as hereunder provided in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.
B.
If the person charged with the violation admits to
the violation as charged in the appearance ticket, he may complete
the appropriate form on such appearance ticket and forward such form
and appearance ticket to the office specified on such appearance ticket.
Such appearance ticket shall set forth the schedule of penalties and
fines for violations of this article, and a certified check or money
order in the amount of the penalty for the violation charged shall
be submitted with such answer.
C.
If the person charged with the violation denies part
or all of the violation as charged in the appearance ticket, he may
complete the appearance ticket likewise prescribed for that purpose
and forward such appearance ticket, together with a certified check
or money order in the amount specified on such appearance ticket.
Upon receipt, such answer shall be entered in the docket and a new
return date established by said court officer. Such person shall be
notified by return mail of the date and place of such return date
and/or trial, 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. The person charged with a
violation hereunder, should he request a trial as provided herein,
shall pay for the care of the dog while impounded.
D.
In the event that there is a violation of this article
based upon an information and not an appearance ticket and the owner
of the dog demands a trial, he shall post bail of $25, pay for the
care for the dog while impounded and demand, in writing, a trial.
The Dog Control Officer or other law enforcement officer shall immediately
proceed to file an information with a Town Justice so that the matter
will appear on the docket of the Town Justice Court as soon as possible.
The rules of procedure and proof applicable in criminal actions shall
apply.
In the event that it becomes necessary to euthanize
a dog, the Dog Control Officer or other law enforcement officer shall
arrange, through a veterinarian or Dog Control Officer, in his facilities,
to humanely euthanize and dispose of the carcass. Any Dog Control
Officer that euthanizes a dog must make a report, in writing, to the
Chief Dog Control Officer. This report and the Chief Dog Control Officer's
report will be submitted to his superior and will be kept on file
for one year.
[Amended 3-11-2002 by L.L. No. 1-2002]
A violation of this article shall be deemed
an offense, and a person convicted of a violation shall be punished
by a fine not exceeding $250 or by imprisonment not exceeding 15 days,
or by both such fine and imprisonment. In addition, a dog found to
be dangerous may be ordered securely confined or euthanized in the
discretion of the court.
The owner, possessor or harborer of any dog
seized, euthanized or adopted under the provision of this article
shall not be entitled to any compensation, and no action shall be
maintainable thereafter to recover the value of the dog or otherwise.
[Adopted 12-8-2010 by L.L. No. 2-2010]
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.
A.
All dogs within the Town four months of age or older, unless otherwise
exempted, shall be licensed by the Town.
B.
The following dogs are exempt from the licensing requirements of
this article:
(1)
Dogs harbored within the Town which are owned by a resident of New
York City and licensed by the City of New York, for a period of 30
days;
(2)
Dogs harbored within the Town which are owned by a nonresident of
New York State and licensed by a jurisdiction outside of New York
State, for a period of 30 days; and
(3)
Dogs held at a shelter pursuant to an agreement with a county, city,
town, village or duly incorporated society for the prevention of cruelty
to animals, humane society or dog protective association.
A.
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 applicable fees.
B.
The dog license application shall be on a form provided by the Town
Clerk and shall state the name, sex, actual or approximate age, breed,
color and other identification marks of the dog; the name, address,
telephone number and e-mail address, if any, of the owner; together
with any additional information deemed appropriate by the Town Clerk.
C.
The dog 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.
D.
In the case of a spayed or neutered dog, the application shall be
accompanied by a certificate signed by a licensed veterinarian or
an affidavit signed by the owner, showing that the dog has been spayed
or neutered; provided, however, that such certificate or affidavit
shall not be required if the same is already on file with the Town.
In lieu of the foregoing certificate or affidavit, the application
may be accompanied by a statement by a licensed veterinarian that,
by reason of old age or other reason, the life of the dog would be
endangered by spaying or neutering, in which case the license fee
for such dog shall be the same as for a spayed or neutered dog.
A.
Pursuant to § 109 of the Agriculture and Markets Law, dog
licenses shall be issued by the Town Clerk or, in the case of an individual
who wishes to adopt a dog from the Town's Animal Shelter, by
the Town's Dog Control Officer, under the supervision of the
Town Clerk. Upon validation by the Town Clerk, the application for
a dog license shall become a license for the dog or dogs described
therein. Each license shall be valid for a period of one year, shall
expire on the last day of the last month of its term, and shall be
nontransferable.
B.
Upon the first issuance of a dog license, the Town Clerk shall issue
an identification number for each such dog and shall provide the owner
with a tag for each such dog with such identification number. In the
event that an identification tag is lost, the Town Clerk, upon request
of the owner and payment of a fee set by the Town Board, shall issue
a replacement identification tag.
The identification tag issued by the Town Clerk shall be affixed
to a collar on the dog at all times, provided that a dog participating
in a dog show is exempt from such requirement during such participation.
A.
The fees for licensing of dogs pursuant to this article shall be
in such amounts as the Town Board may, from time to time, establish
by resolution.
B.
The fee established by the Town Board for an unspayed or unneutered
dog shall be at least $5 more than the fee for a spayed or neutered
dog.
C.
Exempted from payment of the license fees are applications for a
dog license for any guide, hearing, service, war, working search,
detection, police and therapy dogs.
D.
In addition to the license fees established by the Town Board, each
applicant for a dog license shall pay a surcharge of $1 in the case
of a spayed or neutered dog, or $3 in the case of an unspayed or unneutered
dog.
