Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutLL 2 of 2010 Licensing Dogs
1
Local Law #2 for the Year 2010
Licensing , Identification & Control of Dogs in the Town of Lansing
Section 1. Title. The title of this Local Law shall be, “Licensing, Identification, and
Control of Dogs in the Town of Lansing.”
Section 2. Authority. This Local Law is adopted pursuant to Article 7 of the
Agriculture and Markets Law of the State of New York.
Section 3 . Purpose. The purpose of this Local Law is to provide for the licensing
and identification of dogs, the control and protection of the dog population and the
protection of persons, property, and other animals from dog attacks and damage.
Section 4. Application.
1. This Local Law shall apply to all areas of the Town of Lansing, including the
Village of Lansing.
2. In the event that any dog owned by a non-resident of the Town of Lansing is
harbored within the Town for a period of 90 days or less such dog shall be
exempt from the identification and licensing provisions of this Local Law
provided such dog is licensed pursuant to the provisions of law in the area of
residence.
3. This Local Law shall not apply to any dog confined to the premises of any
public or private hospital devoted solely to the treatment of sick animals, or
confined to an animal shelter devoted to the impounding and caring of animals.
Section 5. Definitions. As used in this Local Law, the following words shall
mean:
1. "Altered" shall refer to a dog that has been spayed or neutered.
2. "At large" means an unleashed dog not under control of the owner and off the
premises of the owner.
3. "Companion animal" means any dog or cat, and shall also mean any other
domesticated animal normally maintained in or near the household of the
owner or person who cares for such other domesticated animal. "Companion
animal" shall not include a "domestic animal" as defined in this Section.
4. "Dangerous dog" means any dog which:
a. without justification attacks a person, companion animal, farm animal, or
domestic animal as defined in this section and causes physical injury or
death, or
b. behaves in a manner which a reasonable person would believe poses a
serious and unjustified imminent threat of serious physical injury or death to
one or more persons, companion animals, farm animals or domestic
animals or
c. without justification attacks a "Guide Dog", "Hearing Dog", "Service Dog",
"Working Search Dog", "War Dog", "Detection Dog", "Police Work Dog", or
"Therapy Dog" and causes physical injury or death.
2
d. "Dangerous dog" does not include a "Police Work Dog", while being used to
assist one or more law enforcement officers in the performance of their
official duties.
5."Detection dog" means 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.
6."Dog" means any member of the species canis familiaris.
7."Dog Control Officer" means any individual appointed by the Town to assist in the
enforcement of this Local Law or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated dog protective association
under contract with the Town to assist in the enforcement of this Local Law.
8."Domestic animal" means any domesticated sheep, horse, cattle, fallow deer, red
deer, sika deer, whitetail deer which is raised under license from the New York State
Department of Environmental Conservation, llama, goat, swine, fowl, duck, goose,
swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is
raised in confinement under license from the New York State Department of
Environmental Conservation before release from captivity, except that the varieties
of fowl commonly used for cock fights shall not be considered domestic animals for
the purposes of this Local Law.
9."Farm animal", as used in this Local Law, means any ungulate, poultry,
species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals, as
defined in New York State Environmental Conservation Law, which are raised for
commercial or subsistence purposes. Fur-bearing animal shall not include dogs or
cats.
10. "Guide dog" means any dog that is trained to aid a person who is blind and is
actually used for such purpose, or any dog owned by a recognized guide dog training
center located within the State of New York during the period such dog is being
trained or bred for such purpose.
11."Harbor" means to provide food or shelter to any dog.
12. "Hearing dog" means 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 of New York during the period such dog is
being trained or bred for such purpose.
13."Identification tag" means a tag issued by the Town of Lansing or other licensing
municipality which sets forth an identification number, together with the name of the
municipality, the State of New York, contact information, including telephone number
for the municipality, and such other information as the licensing municipality deems
appropriate.
14. "Identified dog" means any dog carrying an identification tag.
15."Municipality" means any county, town, city or village.
3
16."New York State Agriculture and Markets Law" means the Agriculture and
Markets Law of the State of New York in effect as of the effective date of January 1,
2011 and as amended thereafter.
17."Owner" means any person who harbors or keeps any dog. 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
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 of 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.
18."Owner of record" means the person purchasing the license or in whose name
any dog was last licensed. An owner of record shall be 18 years of age or older.
19."Person" means any individual, corporation, partnership, association or other
organized group of persons, municipality, or other legal entity.
20."Police work dog" means 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.
21."Purebred Dog" means a dog registered by a nationally recognized registry
association.
22."Recognized registry association" means any registry association that operates
on a nationwide basis, issues numbered registration certificates and keeps such
records as may be required by the Commissioner of Agriculture.
23."Service dog" means 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.
24."Therapy dog" means 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.
25."Tompkins County Working Dog" shall refer to any "Guide Dog", "Hearing Dog",
"Service Dog", "Working Search Dog", "War Dog", "Detection Dog", "Police Work
Dog", or "Therapy Dog" as defined by this Local Law and Article 7 of New York State
Agriculture & Markets Law, and is duly licensed any licensing municipality within
Tompkins County, New York and wearing a Tompkins County Working Dog tag.
26."Town" means the area within the corporate limits of the Town of Lansing,
including the Village of Lansing.
4
27."Town Board" means the Town of Lansing Board.
28."Town Clerk" means the Lansing Town Clerk.
29."Unaltered" shall refer to any dog that is not spayed or neutered.
30.“Village” means the area within the corporate limit of the Village of Lansing.
31."War dog" means any dog which has been honorably discharged from the United
States Armed Services.
32."Working search dog" means any dog that is trained to aid in the search for
missing persons, is actually used for such purpose.
Section 6. Licensing.
1. Application for Original License.
a. The owner of any dog reaching the age of four months shall immediately
make application to the Town Clerk for a dog license. No license shall be
required for any dog which is under the age of four months and which is not
at large, or any dog that is residing in a pound or shelter maintained by or
under contract or agreement with the State of New York or any county, city,
town or village, duly incorporated society for the prevention of cruelty to
animals, duly incorporated humane society or duly incorporated dog
protective association.
b. In the case of an unlicensed dog being redeemed by the owner or a dog
being adopted from a shelter or pound the Town Clerk and the manager of
the facility shall establish a licensing procedure that is agreeable and
beneficial to both the Town of Lansing and the shelter or pound.
2. Rabies Vaccination Required. All applications for a dog license shall be
accompanied by a valid rabies certificate signed by a licensed veterinarian or,
in lieu thereof, a statement certified by a licensed veterinarian stating that the
dog is too young to be vaccinated or because of old age or another reason, the
life of the dog would be endangered by the administration of the vaccine. In the
case of an unlicensed dog being redeemed by the owner or a dog being
adopted from a shelter copies shall be forwarded to the Town Clerk.
3. Spay/Neuter Certificates. In the case of a spayed or neutered dog, every
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. In lieu of the spay or neuter certificate an owner may
present a statement certified by a licensed veterinarian stating that he has
examined the dog and found that because of old age or other reason, the life of
the dog would be endangered by spaying or neutering. In such case, the
license fee for the dog shall be the same as for a spayed or neutered dog as set
forth in Part 7 of this Section.
4. License. Upon receiving, the required documents and the fee, the Town
Clerk shall issue a license and tag. The Town Clerk’s copy shall be kept on file
in accordance with the Records Retention and Disposition Schedule MU-1
issued by the New York State Archives and Records Administration.
5. Expiration of Licen se. An original license shall be issued for a period of
5
one year, and shall expire on the last day of the month one year from the date
of issue.
6. License Renewal.
a. License renewal forms shall be mailed by the Town Clerk.
b. A new rabies certificate shall be required if the one on record has expired
or expires within 30 days of the date of renewal. An in-lieu-of statement as
described in Part 2 of this Section may be substituted for a rabies
certificate.
c. A spay/neuter certificate shall not be required if one has already been
provided to the Town Clerk. In a case where the dog has been altered
during the preceding year, the certificate shall be presented to the Town
Clerk in order to receive the reduced fee for an altered dog.
d. The renewal shall expire on the last day of the month in the same month that
it was originally issued. (i.e, a license originally issued in January will
always expire in January.)
e. Renewing early or late, does not change the renewal month. However,
owners having more than one dog may request common renewal dates for
their licenses, which may be granted at the discretion of the Town Clerk,
provided that all other licensing and renewal requirements are met. No
licensing fees will be prorated, refunded, or waived when accommodating
such a request.
f. Upon renewal the Town Clerk shall provide a validated license to the owner.
The Clerk’s copy shall be kept on file in accordance with the Records
Retention and Disposition Schedule MU-1 issued by the New York State
Archives and Records Administration.
7. License Fees.
a. Pursuant to this Local Law, the Town Board of the Town of Lansing is
authorized to establish by resolution, a schedule of fees pertaining to the
licensing, identification and enumeration of dogs. The Town Board may
amend the fee schedule by resolution from time to time as it deems
appropriate. The most current fee schedule will be kept on file in the office
of the Lansing Town Clerk for public inspection.
b. All original licenses or renewals shall be accompanied by a fee established
by resolution of the Lansing Town Board.
c. All revenue derived from such fees shall be the sole property of the Town of
Lansing and shall be used only for controlling dogs and enforcing this Local
Law and Article 7 of New York State Agriculture and Markets Law. Said
revenue may also be used to subsidize the spaying or neutering of dogs, to
subsidize any facility as authorized under Article 7 of New York State
Agriculture and Markets Law, and to subsidize public humane education
programs related to responsible dog ownership.
d. In no event shall any money derived from license fees be used to subsidize
the spaying or neutering of cats or animals other than dogs.
6
e. No license fees are refundable or partially refundable in the event that a dog
is lost, stolen, sold, given away, surrendered or deceased before the
expiration of the license.
f. An additional fee may be established by resolution of the Lansing Town
Board should a dog be identified as unlicensed during an enumeration.
Such additional fee shall be the property of the Town of Lansing and shall be
used to pay the expenses incurred while conducting the enumeration. In
the event the additional fees collected exceed the expenses incurred, such
excess fees may be used for enforcing this Local Law and for spaying or
neutering dogs.
g. In addition to the fees set by the Town Board, an additional New York State
Spay/Neuter Surcharge shall be assessed for the purpose of carrying out
population control efforts as mandated by Article 7 of New York State
Agriculture and Markets Law. Money derived from such additional
assessment may be used to subsidize the spaying and neutering of cats as
well as dogs pursuant to Article 7 of New York State Agriculture and
Markets Law.
8. Exemptions to License Fees. Licenses for any guide dog, hearing dog,
service dog, war dog, working search dog, detection dog, police work dog or
therapy dog shall be exempt from license fees. Each copy of any license for
such dogs shall be conspicuously marked "Guide Dog", "Hearing Dog",
"Service Dog", "Working Search Dog", "War Dog", "Detection Dog", "Police
Work Dog", or "Therapy Dog", as may be appropriate, by the Town Clerk.
Pursuant to Article 7 of New York State Agriculture and Markets Law, said
dogs are not exempt from the mandated population control fee.
9. I dentification of dogs.
a. When a dog is originally licensed, a Town of Lansing identification number
will be assigned and an identification tag shall be issued, which shall be
worn by the dog at all times.
b. Existing New York State Agriculture and Markets dog licenses being
renewed or transferred in from another municipality shall be assigned a
Town of Lansing identification number and an identification tag shall be
issued. The New York State Agriculture and Markets tag or other
municipality’s tag shall be discarded and the Town of Lansing tag shall be
worn by the dog at all times.
c. A dog participating in a dog show is exempted from wearing an
identification tag only for the duration of the show.
d. No identification tag shall be affixed to the collar of any dog other than the
dog to which it was assigned.
e. Any guide dog, hearing dog, service dog, war dog, working search dog,
detection dog, police work dog or therapy dog shall be issued a Town of
Lansing identification tag.
f. Lost tags shall be replaced at the expense of the owner at a fee set by the
Lansing Town Board.
7
10. Change of Address. When there is a change of address for the owner
of record, the owner shall notify the Town Clerk’s Office of such change. If
the change is still within the Town of Lansing, the Town Clerk will make the
appropriate updates to the dog license record. If the change is located
outside the Town of Lansing, the Town Clerk shall make a note in the
record and cancel the license. The Clerk shall forward a copy of the
license to the Clerk of the municipality to which the owner has moved,
informing said Clerk that the dog now resides in their municipality.
11. Change of Ownership. In the event of a change in the ownership of any
dog licensed in the Town of Lansing, the new owner shall immediately make
application for a license for such dog. Additionally, the original owner of
record shall notify the Town Clerk’s Office of the change of ownership. Such
original owner of record shall be liable for any violation under this Local Law
until such filing is made or until the dog is licensed in the name of the new
owner.
12. Lost, Stolen or Deceased Dog. If any dog which has been licensed in
the Town of Lansing is lost, stolen or deceased, the owner of record shall notify
the Town Clerk’s Office within ten days of the discovery of such loss, theft or
death.
13. Lists of Licensed Dog Owners.
No dog licensing records, information, or lists shall be made available to any
person or company for commercial purposes.
14. Purebred Licenses.
a. Purebred Licenses are offered in the Town of Lansing as an alternative to
individual dog licenses for owners actively involved in the breeding and sale
of purebred dogs.
b. To qualify for a Purebred License, a person must own five or more purebred
dogs and at least five of those dogs must be unaltered.
c. At the time of application, the Town Clerk shall assign a Purebred License
identification number.
d. Application for a purebred license shall be on a form provided by the Town
Clerk and shall include rabies vaccination certification as specified in Part 2
of this Section for every dog listed on the license, a copy of which shall be
kept on file by the Town Clerk.
e. Copies of registry papers for every dog or a comprehensive list of registry
numbers and associations shall be required and filed with the Clerk’s copy
of the license.
f. All dogs over four months of age must be listed and included in the purebred
license.
g. Purebred licenses shall be issued for one year and renewed annually.
h. All applications for and renewals of purebred licenses shall be
accompanied by a fee as set by resolution of the Town Board. In addition,
an assessment of $3.00 for each unaltered dog and $1.00 for each altered
8
dog shall be added for the purpose of carrying out animal population control
efforts as mandated by Article 7 of New York State Agriculture and Markets
Law. No fee or portion thereof shall be refundable once the license is
issued.
i. The Town Clerk may request that the Dog Control Officer verify the number
of dogs being claimed on any purebred license.
j. No purebred license is transferable. Upon change of ownership of any dog
licensed under a purebred license, the new owner shall immediately make
application for a license pursuant to Part 1 of this Section, except when the
new owner holds a valid purebred license and adds the dog to such
purebred license.
Section 7 . Prohibited Acts . It shall be unlawful for any owner of a dog to permit
or allow such dog to:
1. Run at large.
2. When within the corporate limits of the Village of Lansing, be off the owner’s
property unless restrained and controlled by an adequate collar and a leash
not exceeding eight feet in length.
3. When in the area of the Town of Lansing outside the corporate limits of the
Village, be off the owner’s property unless restrained by an adequate collar
and leash except when it is accompanied by its owner or a responsible person
able to control it by command.
4. Engage in habitual loud howling, barking, crying or whining or conduct itself in
such a manner so as to unreasonably and habitually annoy and/or disturb any
person other than the owner of such dog.
5. Cause damage or destruction to property or defecate, urinate, dig or otherwise
commit a nuisance other than on the property of the owner of such dog.
6. 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.
7. 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 or 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.
8. Fail to license any dog at the age of four (4) months or older, or allow any dog
to be unlicensed due to failure to renew a dog license.
9. Fail to have any dog identified by a valid and current Town of Lansing dog
license identification tag.
10. Knowingly affix to any dog any false or improper identification tag or any
identification tag belonging to another dog.
9
11. Fail to confine, restrain or present such dog for any lawful purpose pursuant to
this Local Law or Article 7 of New York State Agriculture and Markets Law.
12. Furnish any false or misleading information on any license or form, required by
the Town, the Lansing Dog Control Officer, or any shelter or pound servicing
the Town of Lansing.
13. Fail to notify the Town Clerk of any change of ownership, change of address,
death or loss of any dog licensed in the Town of Lansing.
Establishment of the fact or facts that a dog has committed any of the acts prohibited
by this Local Law shall be presumptive evidence against the owner of such dog that
he/she has failed to properly confine, leash or control his/her dog.
Section 8 . Removal of Feces.
Any owner who allows a dog to defecate on any public or private property, other than
the property of the owner, shall immediately clean up the feces, place it in a plastic
container or bag, and deposit it in a container used for the disposal of refuse.
Section 9 . Conditions for Keeping Dogs.
All premises occupied by dogs shall be kept in a clean, sanitary condition. Adequate
food, water, shelter and space must be provided for each dog owned. For the
purpose of this Section, “adequate” shall mean sufficient for age, size and number of
dogs on the premises.
Section 1 0 . Female D ogs.
All female dogs, while in season (heat), shall be confined to the premises of their
owner and my not be left outside unattended. Any owner not adhering to this section
shall be subject to having the dog seized by the Dog Control Officer and removed to a
shelter or pound for confinement. The owner of any dog seized pursuant to this
section shall be subject to an impoundment fee plus the shelter’s usual boarding fees
for time spent in the shelter. In the event that the dog is released from the shelter
before the end of its cycle, the owner must demonstrate to the shelter manager that
the dog shall be sufficiently confined elsewhere.
Section 1 1 . Liability of Owner.
1. If a domestic, farm or companion animal is injured or killed as a result of being
attacked, chased or worried by any dog, the owner of said dog shall be liable
for damage. The owner of such injured or killed animal may make a complaint
to the Dog Control Officer or a police officer who shall proceed pursuant to the
Dangerous Dog Section of Article 7 of New York State Agriculture and Markets
Law.
2. In no event shall the Town of Lansing, the Village of Lansing, or the County of
Tompkins be held liable for any damage done by any dog.
10
Section 1 2 . Dangerous Dogs.
1. The determination of a Dangerous Dog and the prosecution of the owner of
such a dog shall be pursuant to Article 7 of New York State Agriculture and
Markets Law.
2. In the event that a dog is determined by the Lansing Town Court to be a
dangerous dog, the Court shall give notice to the Town Clerk of such
determination and note will be made in the dog’s record. Additionally, the
Town Clerk shall notify the Village Clerk, law enforcement and emergency
services.
Section 1 3 . Enforcement/Appearance Ticket .
Any Dog Control Officer, Town Clerk, Deputy Town Clerk or other 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 1 4 . Seizure, Impoundment, Redemption and Adoption .
1. Any dog belonging to a person found in violation of any of the provisions of this
Local Law may be seized pursuant to the provisions of New York State
Agriculture and Markets Law.
2. Any dog believed to be dangerous and which poses an immediate threat to the
public safety may be seized.
3. Any dog may be seized, which has been judged to be a Dangerous Dog
pursuant to New York State Agriculture and Markets Law and whose owner has
failed to obey a court order pertaining to said Dangerous Dog.
4. Every dog impounded shall be properly cared for, sheltered, fed and watered.
5. Seized dogs may be redeemed by producing proof of licensing and
identification and by paying:
a. $30.00 for the first 24 hours or part thereof, plus $10.00 per additional
day for food, shelter and care, for the first impoundment of any dog
owned by a person.
b. $50.00 for the first 24 hours or part thereof, plus $10.00 per additional
day for food, shelter and care, for the second impoundment within one
year of the first impoundment of any dog belonging to that person.
c. $70.00 for the first 24 hours or part thereof, plus $10.00 per additional
day for food, shelter and care, for the third impoundment within one year
of the first impoundment of any dog belonging to that person.
6. Each dog which is not identified, whether or not licensed, shall be held for a
period of 5 days from the day seized during which period the dog may be
redeemed by its owner. Said owner shall provide proof that the dog has been
licensed pursuant to this Local Law and pay an impoundment fee pursuant to
Part 5 of this Section. Seized dogs that are found to be unlicensed shall be
licensed before leaving the shelter and shall pay an Impounded Dog License
11
Surcharge in addition to the regular licensing fee as set by resolution of the
Town Board
7. In the case of an identified dog, the owner of record shall be promptly notified
by the Dog Control Officer of the seizure and the procedure for redemption
either personally or by certified, return receipt requested mail. If notification is
personally given, the dog shall be held for a period of 7 days after the day of
notice, during which period the dog may be redeemed by the owner. If such
notification is made by mail, the dog shall be held for a period of 9 days from
the date of mailing, during which period the dog may be redeemed by the
owner. Said owner shall provide proof that the dog has been licensed pursuant
to this Local Law and pay an impoundment pursuant to Part 5 of this Section.
Any owner who provides an expired license as proof will be required to renew
the license and pay the additional Impounded Dog License Surcharge before
the dog is released from the shelter.
8. Any dog unredeemed at the expiration of the appropriate redemption period
shall be made available for adoption or euthanized pursuant to the provision of
New York State Agriculture and Markets Law.
9. If the owner of any unredeemed dog is known, such owner shall be required to
pay the impoundment fees required by Part 5 of this Section.
10. The seizure of any dog shall not relieve any person from any violation of this
Local Law or New York State Agriculture and Markets Law.
Section 1 5 . Complaint .
1. Any Town-designated Dog Control Officer or Agency having reasonable cause
to believe that a violation of this Local Law has been committed in his/her
presence shall, issue and serve upon such person an appearance ticket for
such violation.
2. Any person who observes a dog in violation of this Local Law may file a
complaint, under oath, with a Town-designated Dog Control Officer or Agency
specifying the nature of the violation, the date thereof, a description of the dog,
the location of the violation and the name and residence, if known, of the owner
of such dog. Such complaint may serve as the basis for enforcing the
provisions of this Local Law.
3. Upon receipt by the Town-designated Dog Control Officer or Agency of any
such complaint, that Officer or Agency shall issue an appearance ticket to the
alleged owner of the dog to appear before the Lansing Town Court at a date
and time specified.
Section 1 6 . Violations and Penalties .
1. A plea or conviction of a violation of this Local Law shall be prosecuted
pursuant to penal law, by a fine of not less than twenty-five dollars ($25),
except:
2. Where a person is found to have violated this Local Law or any prior Town of
Lansing Dog Law within the preceding five years, the fine may be not less than
fifty dollars ($50) and
12
3. Where the person is found to have violated this Local Law or any prior Town of
Lansing Dog Law two or more times within the preceding five years, it shall be
punishable by a fine of not less than one hundred dollars ($100) or
imprisonment for not more than fifteen (15) days, or both.
4. For the purpose of conferring jurisdiction upon courts and judicial officers
generally, offenses of this Local Law shall be deemed violations and for such
purposes only all provisions of law relating to violations shall apply.
Section 1 7 . Additional Penalties.
1. Pursuant to Article 7 of New York State Agriculture and Markets Law, any
person who intentionally refuses, withholds, or denies a person, because he or
she is accompanied by an on-duty police work dog, working search, war, or
detection dog, any accommodations, facilities, or privileges thereof shall be
subject to a civil penalty of up to $200.00 for the first violation and up to
$400.00 for each subsequent violation.
2. Pursuant to Article 7 of New York State Agriculture and Markets Law, any
person who for the purpose of participating in the animal population control
program shall falsify proof of adoption from a pound, shelter, duly incorporated
society for the prevention of cruelty to animals, duly incorporated humane
society or duly incorporated dog or cat protective association or who shall
furnish any licensed veterinarian of this state with inaccurate information
concerning his or her residency or the ownership of an animal or such person's
authority to submit an animal for a spaying or neutering procedure pursuant to
this Local Law and/or Section 117 of New York State Agriculture and Markets
Law, and any veterinarian who shall furnish false information concerning
animal sterilization fees shall be guilty of a violation prosecuted pursuant to the
New York State Penal Law punishable by a fine of not less than $250.00.
Section 18 . Disposition of F ines.
Notwithstanding any other provision of law, all moneys collected as fines or penalties
by the Town of Lansing as a result of any prosecution for violations of the provisions
of this Local Law or Article 7 of New York State Agriculture and Markets Law and all
bail forfeitures by persons charged with such violations shall be the property of the
Town of Lansing and shall be paid to the Town Supervisor. Such moneys shall be
used only for controlling dogs and enforcing this Local Law. Said revenue may also
be used to subsidize the spaying or neutering of dogs, any facility as authorized
under Article 7 of New York State Agriculture and Markets Law, and subsidizing
public humane education programs in responsible dog ownership.
S ection 19. Nonliability.
No action shall be maintained against the Town of Lansing, the Village of Lansing the
Lansing Dog Control Officer or any person or persons lawfully authorized by the
Town when performing duties pursuant to this Local Law or New York State
Agriculture and Markets 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 New York State Agriculture
and Markets Law.
13
Section 2 0 . Separability
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 2 1 . 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 effective date of this Local Law, null and void.
Section 2 2 . Effective Date .
This Local Law shall take effect the 1st day of January 2011.