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HomeMy WebLinkAboutLL# 4 of 2005 Dog ControlRESOLUTION 05-100 Resolution Adopting Local Law Number 4 of 2005 DOG CONTROL At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 18th day of May, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Martin Christopher, and was duly seconded by Douglas McEver; and the vote was as follows: Stephen Farkas – aye, Francis Shattuck – aye, Douglas McEver – aye; Connie Wilcox – aye; Martin Christopher – aye; and the following Resolution therefore passed 5-0, and was duly adopted: WHEREAS, the Town’s current Dog Control Local Law (Local Law Number 1 of 1979) is over 20 years old and need of revisions and updating due to changes in animal laws and the size and density of the Town; and WHEREAS, a proposed Local Law has been generated and reviewed that will formalize such revised dog control regulations; and WHEREAS, the proposed Local Law is and has been on file at the Town Clerk’s Office for review by any interested person; and WHEREAS, said proposed Local Law proposes to: (1) regulate the ownership and harboring of dogs; (2) provide for leash, chain, and at-large requirements; (3) define and prohibit nuisance dog behavior; (4) provide for guidelines as to the use of Town resources for claims and issues involving violations of the proposed Local Law; (5) provide for the filing of civil and criminal claims; and (6) provide for classifications of violations and civil and criminal fines, penalties and sentences; and WHEREAS, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 18th day of May, 2005, at 8:00 o'clock P.M., after lawful posting, publication, and notice thereof, to consider the aforesaid Local Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, upon a review and discussion of the matter, and upon consideration of the evidence and information gathered at said public hearing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve Local Law Number 4 of 2005, as set forth in its entirety below: TOWN OF LANSING LOCAL LAW NUMBER 4 OF 2005 DOG CONTROL The Town Board of The Town of Lansing, New York, pursuant to a Resolution dated May 18, 2005, does hereby pass a Local Law as follows: Article 1. History & Authority This Local Law hereby amends and replaces in its entirety Local Law Number 1 of 1979, and supersedes all prior Local Laws and Ordinances of the Town of Lansing relating to the subject matter hereof. This Law is adopted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York and §10 of the Municipal Home Rule Law. Article 2. Purpose The purpose of this Local Law is to promote the health, safety, and welfare of the community, including the preservation and protection of the property of the Town of Lansing and its inhabitants, and of the peace and good order therein, by regulating and controlling activities of Dogs within the Town, and by providing enforcement in furtherance thereof. The purposes of this Local Law are to address certain activities of Dogs that are not specifically regulated by the New York State Agriculture and Markets Law, and/or to provide further regulation as to matters addressed by the Agriculture and Markets Laws, including, to the extent stated herein, issues pertaining to Dangerous Dogs. Article 3. Conflict with New York State Laws In the event of any conflict between the New York State Agriculture and Markets Law and this Local Law, the provisions of the New York State Agriculture and Markets Law shall take precedence. However, and in limitation of the foregoing, this Local Law may, pursuant to the New York State Agriculture and Markets Law and §10 of the Municipal Home Rule Law, be (a) more stringent than the standards set forth in the New York State Agriculture and Markets Law, and (b) supersede the Agriculture and Markets Law to the extent such Agriculture and Markets Law is silent upon any matter herein regulated, stated, or required. Article 4. Definitions. The following definitions apply to this Local Law, and the interpretation and enforcement hereof: Ag & Markets Law: The Agriculture and Markets Law of the State of New York, as now exists or as hereafter amended or renumbered. Board: The Town Board of the Town of Lansing. Complaint: A document filed by any Person which is signed under oath and which alleges a violation of this Local Law. Dangerous Dog: a Dog that has been declared to be dangerous pursuant to §§ 108 and 121 of the Ag & Markets Law, as now exist or as hereafter amended or renumbered, or any Dog declared vicious, whether from any other proceeding or jurisdiction. Dog: Any mammal of the family or genus canine or canidae, including the species Canis Familiaris. Enforcement Officer: Any Person appointed by the Board as an Enforcement Officer hereunder, plus any Dog Control Officer of the Town, any Town Constable, and any police agency of the Town, the County, or the State of New York. Harbor: Any act or acts that indicate some degree of ownership of any Dog, including but not limited to (1) the periodic provision of food and water, shelter, care, and/or supplies to any Dog, or (2) the exercising of custody or care of any Dog. The periodic provision of goods or services need not be regular, recurring, or systematic in order for any Person to be Harboring any Dog or deemed an Owner thereof. This term includes all derivatives of the word “Harbor”, including but not limited to Harboring, Harbors, Harbored, etc. Leash: a leash, rope, chain, or similar device secured to a collar, harness, bit and bridle, or to the Dog itself. Minor: Any Person under the age of 18 years. Owner: (1) Any Person that is the Registered Owner of any Dog, and/or (2) any Person who Harbors any Dog, and/or (3) any head of household where any resident Minor owns or Harbors any Dog. A Dog may have more than one Owner. Person: Any individual, firm, partnership, agency, association, corporation, company, or entity or organization of any kind. Property: Any real property in the Town of Lansing. When used in connection with the phrase “Property of the Owner” this term shall mean land or improvements upon any land in which the Owner has any interest by virtue of a valid and legal interest arising by a license, lease, or thorough title in fee or any other estate in real property. Registered Owner: The Person who is listed as the owner of any Dog upon any dog license pertaining to such Dog. Town: The Town of Lansing, Tompkins County, State of New York. Article 5. Prohibited Acts Any Owner of any Dog in the Town of Lansing shall be in violation of this Local Law if: A. Any Dog is not restrained by an adequate collar and Leash or harness when not on or within the Property of the Owner, unless a permit allowing an exception has first been obtained from the Town’s Code Enforcement Office. B. The Owner permits, intentionally or otherwise, any Dog to repeatedly and habitually engage in any activity as to constitute a nuisance, including but not limited to (1) repeated and persistent loud howling or barking, (2) the chasing of pedestrians, bicyclists, motor vehicles, or other contrivances traveling upon or near any public road, (3) the causing of damage or destruction to the property of any Person other than the Owner, (4) the repeated defecation or urination on Property other than the Property of the Owner, (5) the chasing or pursuit of any Person (other than upon or within the Property of the Owner) in such manner as reasonably to cause intimidation or to put such Person in reasonable apprehension of bodily harm or injury. C. The Dog attacks or injures any cat, dog, or domestic animal other than in self-defense, in defense of a litter, or in defense of the Owner or the Owner’s Property. D. Any Dog is unlicensed when 4 months of age or older, except (1) any Dog confined to the premises of a licensed animal shelter or animal hospital, (2) any Dog possessing a purebred license under Article 7 of the Ag & Markets Law, (3) a Dog confined to the premises of any college, educational, or research institution for the purposes of animal research or veterinary care, or (4) any Dog confined to the premises of any Person that holds a valid certificate of exemption issued by the New York State Department of Agriculture and Markets. E. Any Dog that is not wearing a current and valid New York State dog license identification tag while not upon or within the Property of the Owner, whether or not restrained by an adequate collar, Leash, or harness except (1) any Dog confined to the premises of an licensed animal shelter or animal hospital, (2) any Dog possessing a purebred license under Article 7 of the Ag & Markets Law, (3) a Dog confined to the premises of any college, educational, or research institution for the purposes of animal research or veterinary care, or (4) any Dog confined to the premises of any Person that holds a valid certificate of exemption issued by the New York State Department of Agriculture and Markets. No license tag may be placed upon any animal other than the Dog for which such license was issued. F. Any Dog is not currently vaccinated against rabies. G. Any Dog is not redeemed within five days after being notified either personally or by mail that said Dog has been seized and impounded. H. Any Dog is permitted or allowed to be upon any private Property, other than the Property of the Owner, without the knowledge and consent of the owner or occupant of such private Property I. Any Person hinders or resists any Enforcement Officer when such Enforcement Officer is lawfully acting pursuant to this Local Law or the Ag & Markets Law. J. Any Dangerous Dog is not handled or confined as required in Article 6 of this Local Law and/or the Ag & Markets Law. Article 6. Dangerous Dogs. This Article shall not change or modify any procedures identified or specified in the Ag & Markets Law pertaining to the adjudication of a Dog as a Dangerous Dog. Any Owner of any Dog adjudicated to be a Dangerous Dog shall comply with the following requirements, which are in addition to any conditions or terms (a) imposed by any court or tribunal, and/or (b) required by the Ag & Markets Law: A. Any Owner that relocates to the Town from another jurisdiction where any Dog owned by such Owner was declared to be vicious or a Dangerous Dog shall comply with these requirements within 30 days of such relocation. B. The Owner shall provide confinement for such Dangerous Dog as specified in §121(4) of the Ag & Markets Law. C. The Owner shall post all Property where such Dog is Harbored with conspicuous warning signs that the Dog is a Dangerous Dog. For this purpose, the Town may adopt a sign size and style that may be required to be so posted. D. The Owner shall obtain and maintain in force and effect at all times a liability insurance policy issued by an insurer licensed to do business in New York State, which policy shall provide for a minimum of $50,000.00 in liability coverage for any damage or injury caused by such Dangerous Dog, which policy shall also be required to affirmatively state that activities of the Dangerous Dog are a covered event under such policy. E. The Owner shall annually provide to the Town Clerk updated photographs of the Dangerous Dog accurately depicting its size, coloring, and any unique or identifying features. F. The Owner shall annually register the Dangerous Dog with the Town Clerk and receive a special permit therefor, the cost of which shall be $30.00, which amount is in addition to any licensing requirements or fee. This amount may be periodically changed by the Town Board by Resolution. This fee shall be used to defray the expenses of issuing such registration and enforcing this Article of this Local Law. G. Each Owner shall immediately notify the Town Constable, the Tompkins County Sheriff’s Department, and the Town’s Dog Control Officer if any Dangerous Dog escapes confinement or is otherwise at large, or if such Dangerous Dog has attacked any person or animal. H. Each Owner shall notify the Town Clerk if the Dangerous Dog has been transferred or sold, and shall provide the name of the new owner, and the new owner’s address and telephone number, as well as all locations, if known, where such Dangerous Dog will be harbored. Until this requirement is met, the Person so failing to provide the required notice shall presumptively be and remain the Owner of the Dangerous Dog. Article 7. Enforcement Officers. A. The Town Board may appoint any Person as an Enforcement Officer, and by Resolution of the Board, the Town may designate any one or more, or change the designation, of the Town’s Dog Control Officer(s). B. Any Person who is an Enforcement Officer, and the Town’s Dog Control Officer, shall have the authority to (a) issue civil or criminal summonses or appearance tickets, and (b) to seize dogs either on or off the premises of the Owner, if such Officer witnesses a violation of this Local Law, and (c) to take such other actions as are permitted by law. Article 8. Complaint Procedures & Related Matters. A. Any Person who observes a Dog in violation of any acts prohibited by this Local Law may file a Complaint with either the Town Court Offices or the Town’s Dog Control Officer, which Complaint must at a minimum (1) specify the behaviors or incidents that violate this Local Law, (2) specify the date(s) of such behaviors or incidents, (3) specify the place or places where such conduct occurred, and (4) specify the name and residence, if known, of the Owner of the Dog, (5) provide a description of the Dog, including its size, color, and name (if known), and (6) provide a clear statement as to whether the notice commences or will commence a civil or criminal proceeding. An action commenced by any Person other than a police officer, a peace officer, the Enforcement Officer, the Town’s Dog Control Officer, or the Town Constable (each if acting within the scope of their duties) shall be a civil action. B. The fact that a Dog is in violation of any of the provisions of this Local Law shall be presumptive evidence that the Dog has been permitted to be in violation with the knowledge of the Owner. C. A Dog at large without a license tag attached to a collar shall be presumptively deemed to be unlicensed. D. An unlicensed Dog harbored in any dwelling shall presumptively be deemed to be owned by all non-Minors residing in such dwelling. C. The Town may intervene (with Court permission) as an interested party in any proceeding arising under this Local Law or under the Ag & Markets, and may submit pleadings, briefs, or argument in favor of or against any position of any party to such proceeding, and may question witnesses, call witnesses, and take such other actions as are permitted to intervening parties by the laws of the State of New York. D. As to any civil proceeding arising under this Local Law, the Attorney for the Town may prosecute the same in the name of the Town, or if the proceeding was commenced by any police agency, the Town Constable, or the Town Dog Control Officer, in the name of any complainant. E. As to any criminal proceeding arising under this Local Law, the Town may make request of the Tompkins County District Attorney that the Attorney for the Town be appointed as a temporary special prosecutor to prosecute such claim against any Person. The Attorney for the Town shall be responsible to and under the supervision and control of the District Attorney when acting pursuant to such appointment. Article 9. Fines and Penalties. All provisions of New York law generally applicable to misdemeanors shall apply to any criminal misdemeanor proceeding brought under this Article, and/except that each and any misdemeanor identified herein shall be deemed an unclassified misdemeanor. The following civil and criminal fines and penalties shall apply to any violation of the requirements or terms of this Local Law: A. First Violation: Any Person that violates any of the provisions of this Local Law shall be (1) guilty of a criminal violation and subject to a criminal fine of not more than $75.00, or (2) subject to a civil penalty of not more than $250.00 to be recovered by the Town in a civil action: except that a violation of Article 6 shall be deemed an unclassified misdemeanor subject to a criminal fine of not more than $250.00, or a civil penalty of not more than $500.00. B. Second Violation: Any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any other violation of this Local Law shall be deemed a second violation. Any Person that commits any second violation shall be (1) guilty of an unclassified misdemeanor and subject to a fine of not more than $250.00, or (2) subject to a civil penalty of not more than $750.00 to be recovered by the Town in a civil action. C. Third and Subsequent Violations: Any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any second violation of this Local Law shall be deemed a third or subsequent violation, as applicable. Any Person who commits a third or subsequent violation of this Local Law shall be (1) guilty of an unclassified misdemeanor and subject to a fine not more than $500.00 and a period of incarceration not to exceed 30 days, or (2) subject to a civil penalty of not more than $1,000.00 to be recovered by the Town of Lansing in a civil action. D. In its discretion, any court may also require that restitution be paid by any Owner to any Person whose body or property were damaged or injured by any Dog. E. Each and all remedies and rights provided to the Town under this Local Law shall be cumulative. The Town’s pursuit of any one right or remedy does not effect a waiver or an election of remedies, and the Town may thereafter pursue or continue to pursue any other right or remedy it may have in law, equity, or admiralty. The Town may also maintain actions or proceedings in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision or requirement of this Local Law. Article 10. Savings Clause. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof, directly involved in the controversy in which such judgment shall have been rendered. Article 11. Limitation of Liability. The Town shall not be liable or responsible for any injury to persons or damage to property due to the Town’s actions, or failures to act, under or pursuant to this Local Law, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. In limitation of the foregoing, the Town shall not be liable or responsible for any destruction of any animal pursuant to this Local Law or the provisions of the Ag & Markets Law. Article 12. Effective Date. This Local Law shall take effect immediately upon filing with the New York State Secretary of State.