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HomeMy WebLinkAbout2003 #1Local 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: 1 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. 2 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. 3 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. 11 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 5 (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 I WF1 -- '!� D,t--Zoa� 7`