HomeMy WebLinkAbout2003 #1 Dog Control LawLocal Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBAINY, NY 1:231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlininiz to indicate new matter.
(Ra= y
of--- rog--------------------------------
Town ---------------------------------------------VatnE
Local Law No. -------------------------------- of the year 20.03__
A local law __relating_ to_ the__control__of_ dons -_within the Town of Groton
- -------------------------------------------------
(Insert Title)
Be it enacted by the -__ TQw-u-_BQ&rA--------------------------------------------- -
----------------------- of the
(:Marne ojLtgislative Boa v)
:61my
My
Townor--Groton------------------------------------------------------------------------------ as follows:
Section 1. Purpose
The purpose of this Local Law is to promote the public health, safety and welfare
of the Town of Groton, including the protection and preservation of property within the
Town and its inhabitants and of the peace and good order therein, by regulating and
controlling the activities of dogs within the Town and providing for the enforcement
thereof.
Section 2. Authoritv
This Local Law is adopted pursuant to Article 7 of the Agriculture and Markets
Law of the State of New York.
Section 3. Title
The title of this Local Law shall be, "Dog Control Law of the Town of Groton."
Section 4. Definition of Terms
As used in this Local Law, the following words shall have the following respective
meanings:
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a. Agriculture and Markets Law. The Agriculture and Markets Law of the
State of New York in effect as of the effective date of this Local Law, as amended by this
Local Law and as amended thereafter.
b. Dog. Dog shall mean male and female, licensed and unlicensed, members
of the species Canis familiaries.
C. Owner. The party purchasing the license, unless the dog is or has been lost,
and such loss has been reported to the proper authorities and a reasonable search has been
made. If a dog is not licensed, the term of "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 (1) week prior to the filing of any complaint charging a violation of this Local
Law shall be held and deemed to be the owner of such dog for the purpose of this Local
Law. In the event any dog found to be in violation if this Local Law shall be owned by a
minor (under 18 years of age), the head of the household in which said minor resides
shall be deemed to have custody and control of said dog and shall be responsible for any
acts of said dog and violation of this Local Law.
d. Town. Shall designate the area within the corporate limits of the Town of
Groton.
C. Harbor. To provide food or shelter to any dog.
Section 5. Prohibited Acts
It shall be unlawful for any owner of any dog in the Town to permit or allow such
dog to:
a. Not to be restrained by an adequate collar and leash unless it is
accompanied by its owner or a responsible person able to control it by command, when
not on the property of the owner.
b. Engage in habitual loud howling, barking, crying or whining or conducts
itself in such a manner so as to unreasonably and habitually annoy and/or disturb any
person other than the owner of such dog.
C. Cause damage or destruction to property or defecates, urinates or digs or
otherwise commits a nuisance other than on the property of the owner of such dog.
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d. Chase, jump upon or at, or otherwise harass any person in such a manner as
to reasonably cause intimidation or fear or to put such person in reasonable apprehension
of bodily harm or injury.
e. Chase, run alongside of, bark at or otherwise harasses any motor vehicle,
motorcycle, bicycle, carriage or any other vehicle or device used by persons for travel or
any riders occupants thereof while said vehicle or device is on a public highway or
private property other than property of the owner of said dog. For purposes of this
section, a horse or other animal shall be considered a vehicle or device.
f. If it is not wearing a valid and current New York State dog license while
out of the property of the owner of said dog, whether or not restrained by an adequate
collar or leash.
Establishment of the fact or facts that a dog has committed any of the acts prohibited by
section 5 of this Local Law shall be presumptive evidence against the owner or harborer
of such dog that he/she has failed to properly confine, leash or control his/her dog.
Section 6. Enforcement/Appearance Ticket
Any person or persons, who are or may be lawfully authorized by the Town, shall,
and all peace officers may, administer and enforce the provisions of this Local Law, and
for such purpose shall have the authority to issue appearance tickets.
Section 7. Seizure, Impoundment, Redemption and Adoption
a. Any dog found in violation of any of the provisions of section 5 of this
Local Law may be seized pursuant to the provisions of section 118 of the Agriculture and
Markets Law.
b. Every dog seized shall be properly cared for, sheltered, fed and watered for
the redemption periods set forth in section 118 of the Agriculture and Markets Law.
C. Seized dogs may be redeemed by producing proof of licensing and
identification pursuant to the provisions of Article 7 of the. Agriculture and Markets Law
and by paying an impoundment fee of $20.00.
d. If the owner of any unredeemed dog is known, such owner shall be required
to pay the impoundment fees set forth in subdivision (c) of this section whether or not
such owner chooses to redeem his/her dog.
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C. Any dog unredeemed at the expiration of the appropriate redemption period
shall be made available for adoption or euthanized pursuant to the provision of section
118 of the Agriculture and Markets Law.
f. No action shall be maintained against the Town or any person or persons
lawfully authorized by the Town when performing duties pursuant to this Local Law to
recover the possession or value of any dog, or for damages for injury or compensation for
the destruction of any dog seized or destroyed pursuant to the provisions of this Local
Law or the Agriculture and Markets Law.
Section 8. Complaint
a. Any person who observes a dog in violation of this Local Law may file a
complaint under oath with a Town Justice 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
the dog.
b. Upon receipt by the Town Justice of any such complaint, he/she shall
summon the alleged owner to appear in person before him/her for a hearing, at which
both the owner and the complaintant shall have an opportunity to be represented by
counsel and to present evidence.
C. A violation of any order issued by a Town Justice shall be an offense
punishable, upon conviction thereof, as provided in section 10 of this Local Law.
Section 9. Licensing, Fees and Surcharges
Pursuant to the Agriculture and Markets Law and this Local Law, all dogs in the
Town must be licensed once the dog is four (4) months old. A violation of this provision
shall be an offense, punishable upon conviction thereof, as provided in section 10 of this
Local Law. The license fees, payable to the Town Clerk are as follows:
TYPE FEE
Neutered male or spayed female $10.00
Unneutered male or unspayed female $18.00
In addition, pursuant to the Agriculture and Markets Law and this Local Law, the
Town may collect an additional $5.00 for dogs identified as unlicensed during a dog
enumeration. This fee is to be collected at the time of licensing and is in addition to the
statutory and local licensing fee and the Animal Population Control Fee. This fee need
not be reported to the State of New York by the Town, but must be used for dog control
in the municipality.
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Section 10. Penalties
A plea or conviction of a violation of this Local Law shall be deemed and offense
and punishable by a fine not exceeding $25.00 for a first offense, not exceeding $50.00
for a second offense and not exceeding $75.00 for a third and all subsequent violations.
These penalties shall be in addition to any other penalty provided by law.
Section 11. Separbility
If any section, paragraph, subdivision, clause, phrase or provision of this Local
Law shall be judged invalid or held unconstitutional, it shall not affect the validity of the
Local Law as a whole or any part or provision thereof other than the part so decided to be
invalid or unconstitutional.
Section 12. Repealer
This Local Law shall supersede all prior Local Laws, ordinances, rules and
regulations relative to the control, licensing and fee schedules of dogs within the Town
and they shall be, upon the effectiveness of this Local Law, null and void.
Section 13. Effective Date
State.
This Local Law shall take effect immediately upon filing with the Secretary of
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local leCr
giskitive body only.)
I hereby certify that the local law annexed hereto, designated as local law No. _ 1________________________________ of 2003
of the (tm)(cr)(Town)(�) of __ Groton ---------------------------------------------------- -was duly passed by the
------- Town_ Board _ _-- on - �are_h _ 11 1003_, in accordance with the applicable provisions of law.-------------------
(Name of Legislative Bodv)
?. (Passage by local legislative body with approval, no disappt-oti'al or repassage after disapproval
by the Elective Chief Executive OffllCer*.)
I hereby certify that the local law anne ;cd hereto, desi(� late' :is local law No. ----------------------------------- of - -----
ot the (County)(Cttv)(Town)(Villacze) ot----------------------------------------------------------------- was duly passed by the
ar,d .vas (approve d)(not approved)(repassed atter
Sanre of DO iY)
disapproval) by the -------------------------------------------------- and was deemed dul,,r Adopted on ------------------ -- --- .
(E!ec:rve C.'htef E.ree:.;:n'e O,f{tcer-)
in accord;lnce with the applicable provisions of la%v.
3. (Final adoption by re!* i-(�ndum.)
herchy ccrtify th;lt the Ic;c:l} law :1nncxcd hcrel ), )s Ioc:ll Ix.v No. -------------- ---------
ol the (Cour;tv)(Citv)(TO wn)(��ill;l,c:) (,I - ------------------------------------------ ------ W;1, duly p;ls�cd bv the
--------------------------------------------------- c)n------------------ .'O --- .:tnci Nxxs (:tpprovcd)(not ;lpprovcd)(rcn;lsscd :liter
dis ; i royal) by the ------------------------------------------ ----- )n --------------------`uc!1 loc:ll was suhmitte"]
!F-Iec;n�e c.�?rrcf ?:stClrrv�• Ul�i�.•r•f
to the rcoplc 'vv re:lson of a (rn;lndatury)(perrnissivc) rcicrcncium-:lad T -c, vcd the :iEI'irm:iiiVc Vc�tc ;I :1 -11 1 r I
the y�alified electors voting( thereon at the (genc;zl ;(s�,c; i:ll i(,lnnual) c!cetion l:c ld c)tl----------- --- --
accordance with the applicable provisions cA Ix,v.
�u-endum ind t-imil :Adoption he;:aus� no V11iid petition t,v,js tiled requestin,,
hjett to perm, retei
referendum.)
Coontti)(City)(Town';( /Itlaercov ccrtlt`,' that the local law ;lnne.�cd he rc�c), dcsit7n:lied -,,s local law , o.
----------------------------------- of -----
t_r c.,) (it -----------
---- ----- -- --------------------------------- - �.v;ls
of the, duly passed by the
(
- ------------------------------------------ ----
C% 1-1 ------------------ �(�---- . ;Ind Lr:ls (,ipnroved)(not ;ir;provcd)(recassed atter
',\'r:me )% Celisi.;fIv , odv)
,--- . Such oc:i kw was Sube- -
{IS:1rOVll) hC------------------------------- -- -- ------ ------ --- ---- ujto
_ � r,`•-(cC:rre• l: tr�J..-.t�c::lt�e .�lf:..�r't
rc:rrnissivc rclerendunn rind no y;lliti 1�ctiti()n rc(c:rcndrt:-1 w;ls flied :1S )t. -------
ACL:1)rd:ince the ;ippilc;tl;lc pmvlsWils ()t i;i`•1.
k EIe,,:tive (- llief Fie; u t i v e 0f•1ic_ci- nte:ins )>r inc:ltjdes the chicl-eecutIN-e t-ticc-- ))t':1 cc)unti- eIe,-ted r)n u cinty-
Evide h:Isis ))r-, it- he Tione, tllt! �_h.�i{rper s,)n ot- the cc)untti le�;itiistiti'e h�)cj'�, the. III -IN -m- +)t' a cit'}'
�: :
I : ►1 tt "�' •� �� «{ !i t ( ,'' :: `♦ �1t' �i,�,t. O ) ,.� ti ,ti f lc 1 .. tt__1 ( (j t' r,�)�vt:r' :�� :l�i)!'c)� �' )l- , r.) ��)t.�al I •,�� �(- �;I'•11[''.:n�
0
(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- o120 ------
of
f20------
of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on------------------- -)0--_-,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of ?O__--_-
of the County of ---------------------------------------------------- State of New York, having been submitted to the electors
at the General Election of November ---------------------- ?Q____ , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having receivcd the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
( If any tither authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the ort -incl on file in this office and that the same
is a correct transcript therefrom and of the whole of such original Iocal law, and was finally adopted in the manner in-
icated in paragraph ----- ------ above.
CIerk,�f eh County IeLisiatI i)c�uv, t�11V, T�.tin �r `.'lila- �::lcrl:
orc�tticer Jenionated by local le�i�latt�c hodV -
(S' �_' 0 D;i t A'xeA //' D i g
(Certification to he executed by County Attot-ney, Corporation Counsel, I'oi��ri �ttt�i-ne�.�, `viIla1e .-�ttt�rtie� M-
other authorized attorney of locality.)
STATE 0 F NE_— YOIZ�IK
COUNTY OF Tompkins
I, the undersigned, hereby certifv that the forcaoin(Z loc;il law contains the correct tcNt ind th.it ,ill rrOr)er proceedings
have omen had or taken for the enactment of the local law 'innexcd hereto.
Ji�*na ure
Attorney for Town
„{ Groton
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