HomeMy WebLinkAboutTB Minutes 1976-02-06 BUYOUCOS & BARNEY
ATTORNEYS AT LAW
SAVINGS BANK BUILDING
JAMES V. BUYOUCOS ITHACA* NEW YORK 14850
AREA CODE 607
JOHN C. BARNEY PHONE 279.6841
MEMORANDUM
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TO : Catherine A . Valentino
FROM : James V . Buyoucos
RE : Town Dog Control Law
DATE : February 6 , 1976
At our last conference I discussed with you my .
interpretation of Section 114 and 114-:a of the Dog Control
Law and the effects of a leash law and other matters re-
lating to the adoption of effective town legislation ' con-
trolling dogs .
I have confirmed the statements I made to you with
an attorney for the Department of Agriculture and Markets .
1 . Section 114 applies if a Town has no leash law .
Under this section if a dog is running loose in the Town
the law directs a peace " officer or designated representative
of the Commissioner to seize any unlicensed dog either on
or off the owner ' s premises and also to seize any dog
found at large not wearing the tag required by law . This
is not permissive . and it is not a mere authorization . It
is an imperative .
2 . Every dog seized by a peace officer as aforesaid
must be properly fed and cared for at the expense of the
municipality . I asked the Agriculture and Markets Department
to tell me which municipality would bear the expense . They
informed me it would be the municpality in which the dog was
found and not the municpality im which the dog ' s owner resides .
3 . If a municipality has adopted a leash law under
Section 114-a , similar provisions apply . However , the only
difference is that a Town dog warden has no responsibility
for enforcing the law im a Village within the Town . In addition ,
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if a Village has no leash law but a Town does have a leash
law , then a Village dog warden is under no responsibility
to enforce the leash law . However , the section clearly states
that any police officer , whether or not there is a leash law ,
must pick up unlicensed dogs , untagged dogs and so forth .
4 . Assuming that the Town had . a leash law but had no
facilities for keeping , dogs , the dog warden could bring the
dog either to a veterinarian or to a kennel or to an SPCA
where it would be boarded ,. If the dog warden paid the expense
of boarding then the dog warden would be reimbursed by the
municipality in which the dog was found .
5 . The ' authority for entering into contracts is 'found
in sections 120 and 120- a of the Agriculture and Markets Law .
6 . As I discussed it with you here are the . Town ' s
options :
a . The Town can adopt no law . In that case
any unlicensed dog either on or off the owner ' s -
premises or any dog found at large not wearing the
required tag must be seized by a peace officer . I
interpret this to mean that anyone residing - in the
Town of = Ithaca could -"call the Sheriff ' s office and- - - -
ask them to pick up any such dog . The care of
keeping such dog must be charged to the Town of
Ithaca ( unjust , , perhaps , but the law says so ) . .
b . The Town can adopt a law controlling
" nuisance act ivit ies -of dogs am unreasonable barking ,
attacking persons and bicycles , etc . Appropriate
penalties would , be provided .
c . The Town could include in the law described
in the preceding '' subparagraph a provisionthat all dogs
must be kept on , leashes- --and provide for penalties and - -- -_
fines against the . owners who let their dogs run at
large without a leash . If any such dogs are caught ,
of course , section 114-a provides that any such . dog
�5 aaapa� be seized by any peace officer and kept at the
expense of the Town . This is a law mandated by the
State . The extra burden it adds to the - Town . is that
while Section 114 requires any dog seized unlicensed
or untagged in the Town of Ithaca to be irept at the
Town ' s expense, the adoption of the leash law would
mean additional pickups because of unleashed dogs . '
* or the warden could keep the dog in his house or garage .
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d . The provision with respect to unleashed dogs
in the preceding subparagraph would not make it mandatory
that a Town dog ' warden be appointed who would seize any
such dogs . The final alternative is to adopt the present
law as it is written which places some affirmative respon-
sibility on the Town to either appoint a warden or enter
into a contract to enforce the provisions of the law .
You are already aware of the attitude of the Supervisor
and the Town Board with respect to this proposal ,
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