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HomeMy WebLinkAboutLocal Law 3 - 2010 Dog Control1 DRAFT Proposed Local Law No. 3 for the Year 2010 Licensing, Identification and Control of Dogs in the Town of Harford Section 1. Title. The title of this Local Law shall be, “Licensing, Identification and Control of Dogs in the Town of Harford.” 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, identification of dogs and the control and protection of the dog population and the protection of persons, property, and other animals from dog attack and damage. Section 4. Application. 1. This Local Law shall apply to all areas of the Town of Harford including the Village of McGraw. 2. In the event that any dog owned by a non-resident of the Town is harbored within the Town for a period of 30 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 of 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 have the following respective meanings: Adoption means the delivery to any natural person 18 years of age or older, for the limited purpose of harboring a pet, of any dog, seized or surrendered. Altered shall refer to a dog that has been spayed or neutered. At large means an unleashed dog not under control of the owner and off the premises of the owner. 2 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. 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. 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. Detection dog means any dog that is trained and is actually used for such purposes or is under- going training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband. Dog means any member of the species canis familiaris. 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. 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. 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. 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. Harbor means to provide food or shelter to any dog. 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. Identification tag means a tag issued by the Town or other licensing municipality which sets forth an identification number, together with the name of the municipality, the State of New 3 York, contact information, including telephone number for the municipality, and such other information as the licensing municipality deems appropriate. Identified dog means any dog carrying an identification tag. Municipality means any county, town, city or village. 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 01, 2011 and as amended thereafter. 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. 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. Person means any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity. 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. Recognized registry association means any registry association that operates on a nationwide basis, issues certificates and keeps such records as may any registry association numbered registration be required by the Commissioner of Agriculture. 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. 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. Town means the area within the corporate limits of the Town of Harford, including the Village of McGraw. Town Board means the Harford Town Board. Town Clerk means the Harford Town Clerk. Unaltered shall refer to any dog that is not spayed or neutered. War dog means any dog which has been honorably discharged from the United States armed services. 4 Working search dog means any dog that is trained to aid in the search for missing persons, is actually used for such purpose and is registered with the department; provided, however, that such services provided by said dog shall be performed without charge or fee. Section 6. Licensing. The Town Clerk of Harford is solely authorized to issue licenses for the Town and for the Village of McGraw. The pound, shelter or Dog Control Officer is not authorized under this Local Law to issue dog licenses for dogs redeemed or adopted. 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 on a form provided by the Town Clerk. 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 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 a dog being redeemed 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 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 vaccine. In the case of a dog being redeemed or adopted from a shelter copies shall be forwarded to the Town Clerk. Such records shall be kept on file by the Town Clerk and be made available upon request for rabies and other animal disease control efforts. 3. Spay/Neuter Certificates. In the case of a spayed or neutered dog, every application shall also 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/she has examined such dog and found such dog to be altered. 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 6 of this Section. 4. Expiration of License. An original license shall be issued for a period of one year, and shall expire on the last day of the month of the period for which they are issued. 5. Application for Renewal License. a. License renewal forms shall be mailed by the Town Clerk. b. A new rabies certificate shall be required if the one on file 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. New rabies certificates and statements shall be kept on file by the Town Clerk. c. A spay/neuter certificate shall not be required if one is already on file with the Town Clerk. In a case where the dog has been altered during the preceding year, the 5 certificate shall be presented to the Town Clerk in order to receive the reduced fee for an altered dog. Such certificate shall be kept on file by the Town Clerk. d. The renewal shall expire on the last day of the month in the same month that it was originally issued. e. Renewing early or late, shall 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 waved 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. g. A late fee will be assessed after the fifteenth (15th) of each month for each dog not renewed from the prior months renewal date. Such fee shall be established by resolution of the Town Board. 6. License Fees. a. All applications for original licenses or renewals shall be accompanied by a fee established by resolution of the Harford Town Board. The total fee for an unaltered dog shall be at least five dollars ($5.00) more than the total fee for an altered dog. b. All revenue derived from such fees shall be the sole property of the Town 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, 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. c. 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. d. In addition to the fees set by the Town Board, an assessment of three dollars ($3.00) for each unaltered dog and one dollar ($1.00) for each altered dog shall be charged for the purpose of carrying out animal 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. 7. Exemptions to License Fees. a. 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", "War Dog", "Working Search Dog", "Detection Dog", "Police Work Dog", or "Therapy Dog", as may be appropriate, by the Town Clerk. b. Any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall be exempt from the assessment mandated 6 by Article 7 of New York State Agriculture and Markets Law. c. Appropriate documentation for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog must be presented to the Town Clerk for an exemption to a license fee. 8. Identification of dogs. a. When a dog is originally licensed, a Town of Harford identification number will be assigned and an identification tag shall be issued, which shall be worn by the dog at all times. The tag issued by the Town will identify the Town of Harford, the identification number, the State of New York, contact information, including the telephone number of the municipality and such other information as the Town deems appropriate. b. Existing New York State Agriculture and Markets dog licenses being renewed or transferred in from another municipality shall be assigned a Town of Harford identification number and an identification tag shall be issued. The New York State Agriculture and Markets tag or other municipal tag shall be surrendered to the Town Clerk and the Town of Harford 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 one 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 may wear a special tag for identifying such dog, provided that such tag shall be in addition to the identification tag issued by the Town. Such tag shall be a different color, shape and imprint than the Town identification tag and may be provided by the Town at the expense of the owner. f. Lost tags shall be replaced at the expense of the owner at a fee set by the Town Board. Such replaced tags will contain the same as section 8a. 9. Change of Address. When there is a change of address for the owner of record, the owner shall notify the Town Clerk within ten (10) days of such change. If the change is still within the Town, the Town Clerk will make the appropriate updates to the dog license record. If the change is located outside the Town, 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 his/her municipality. 10. Change of Ownership. In the event of a change in the ownership of any dog licensed in the Town, the new owner shall immediately make application for a license for such dog. Additionally, the original owner of record shall notify the Town Clerk of the change of ownership within ten (10) days of such change. 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. 11. Lost, Stolen or Deceased Dog. If any dog which has been licensed in the Town is lost, stolen or deceased, the owner of record shall notify the Town Clerk within ten (10) days of the discovery of such loss, theft or death. 12. Lists of Licensed Dog Owners. No dog licensing records, information, or lists shall 7 be made available to any person for commercial purposes. 13. Purebred Licenses. a. The owner of two or more purebred dogs registered by a nationally recognized registry association may make an application to the Town Clerk for a purebred license in lieu of the individual licenses required by Section 6, Subdivision 1. b. At the time of application, the Town Clerk shall assign an identification number. c. An identification tag will be issued to the holder of a purebred license. All purebred tags shall include the identification number assigned to the purebred license. The tag issued by the Town will identify the Town of Harford, the identification number, the State of New York, contact information, including the telephone number of the municipality and such other information as the Town deems appropriate. Additional tags shall be paid for by the owner at a fee set by the Town Board. 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 Section 6, Subdivision 2 for every dog listed on the license. Certification for any altered dog shall be included as specified in Section 6, Subdivision 3. Such certificate(s) 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 Town Clerk. 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 original applications and renewals of purebred licenses shall be accompanied by a fee as set by resolution of the Town Board. In addition, an assessment of three dollars ($3.00) for each unaltered dog and one dollar ($1.00) for each altered 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. Purebred licenses are not transferable. Upon change of ownership of any dog licensed under a purebred license, the new owner shall within ten (10) days make application for a license pursuant to Section 6, Subdivision 1, except when the new owner holds a valid purebred license and adds an additional dog to such purebred license. Additionally, the original owner of record shall notify the Town Clerk of the change of ownership within ten (10) days of such change. 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. Section 7. Enumeration. Should an enumeration be conducted within the Town of Harford, and should a dog be identified as unlicensed during such enumeration, an additional fee shall be charged. The fee shall be the property of the Town and shall be used to pay the expenses incurred by the Town in conducting 8 the enumeration. In the event the additional fees collected exceed the expenses incurred by the Town in conducting the enumeration in any year, such excess fees may be used by the Town for enforcing licensing, identification and control of dogs; for spaying and neutering of animals; and offsetting costs associated with licensing, identification and control of dogs and replacement of identification tags. The additional fee may be established by resolution of the Town Board. Section 8. Prohibited Acts. It shall be unlawful for: 1. Any owner to allow any dog to run at large. 2. Any owner to fail to restrain any dog 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. 3. Any owner to allow any dog to 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. 4. Any owner to allow any dog to 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. 5. Any owner to allow any dog to 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. 6. Any owner to allow any dog to 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. 7. Any owner to 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. 8. Any owner to fail to have any dog identified by a valid and current Town dog license and identification tag. 9. Any person to knowingly affix to any dog any false or improper identification tag or any identification tag belonging to another dog. 10. Any owner or custodian of any dog to 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. 11. Any person to furnish any false or misleading information on any license or form, required by the Town, the Town’s Dog Control Officer, or any shelter or pound servicing the Town. 12. Any owner to fail to notify the Town Clerk of any change of ownership, change of address, death or loss of any dog licensed in the Town. 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. 9 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 10. Female Dogs. All female dogs, while in season (heat), shall be confined to the premises of their owner and may not be left outside unattended. Any owner not adhering to this section shall be subject to having the dog seized by the Town’s 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. Section 11. 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(s), the owner of said domestic, farm or companion animal shall be liable for damage. The owner of such injured or killed animal may make a complaint to the Town’s Dog Control Officer or a police officer who shall proceed pursuant to the Dangerous Dog Section of Article 7 of the New York State Agriculture and Markets Law. 2. In no event shall the Town of Harford, the Village of McGraw, or the County of Cortland be held liable for any damage done by any dog(s). Section 12. 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 the New York State Agriculture and Markets Law. 2. In the event that a dog is determined by the Harford Town Court to be a dangerous dog, the Court shall give written notice to the Town Clerk of such determination. The Town Clerk will make note within such dog’s record, if applicable. Section 13. Enforcement/Appearance Ticket. Any Dog Control Officer 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 14. 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 Article 7 of the New York State Agriculture and Markets Law. 10 2. Any dog believed to be dangerous and which poses an immediate threat to the public safety may be seized and impounded. 3. Any dog may be seized and impounded, which has been judged to be a Dangerous Dog pursuant to Article 7 of the 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 for the duration of said seizure, impoundment, redemption and or adoption. 5. Each dog which is not identified, whether or not licensed, shall be held for a period of seven (7) 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 established by resolution of the Town Board to the Town Clerk. 6. In the case of an identified dog, the owner of record shall be promptly notified by the Town’s Dog Control Officer of the seizure and the procedure for redemption either personally serving such owner or a member of the family at least 18 years of age with a notice, in writing, stating that the dog has been seized and will be adopted or destroyed pursuant to the provision of Article 7 of the New York State Agriculture and Markets Law unless redeemed within the period herein provided. 7. Any owner of a dog seized and impounded may redeem the dog within seven (7) days (12 days if the dog bears a license tag) by paying to the Town Clerk the impoundment fee set forth by resolution of the Town Board. 8. If not redeemed the owner of a dog seized and impounded shall forfeit all title to the dog, and the dog shall be sold or destroyed pursuant to the provision of Article 7 of the New York State Agriculture and Markets Law. In the case of sale, the purchaser shall pay the purchase price of said dog to the Shelter where the dog is seized and impounded and also must obtain a license for the dog. 9. If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees required by this Section. 10. The seizure of any dog shall not relieve any person from any violation of this Local Law or Article 7 of the New York State Agriculture and Markets Law. 11. Any town dog seized and impounded, which is unlicensed, the owner shall pay to the Town Clerk an additional fee for being unlicensed. Such fee shall be established by resolution of the Town Board. Section 15. 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 11 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 Harford Town Court at a date and time specified by such court. Section 16. 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 ($25.00), except: 2. Where a person is found to have violated this Local Law or any prior Town of Harford Dog Law within the preceding five (5) years, the fine may be not less than fifty dollars ($50.00) and 3. Where the person is found to have violated this Local Law or any prior Town of Harford Dog Law two or more violations within the preceding five (5) years, it shall be punishable by a fine of not less than one hundred dollars ($100.00) 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. 5. No owner of a dog who has a court proceeding pending within the Harford Town Court regarding such dog will be allowed to license such dog until the court proceeding within the Harford Town Court is concluded. Section 17. Additional Penalties. 1. Pursuant to Article 7 of the New York State Agriculture and Markets Law, any person who intentionally refuses, withholds, or denies a person, because he/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 two hundred dollars ($200.00) for the first violation and up to four hundred dollars ($400.00) for each subsequent violation. 2. Pursuant to Article 7 of the 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/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 two hundred and fifty dollars ($250.00). 12 Section 18. Disposition of Fines. Notwithstanding any other provision of law, all moneys collected as fines or penalties by any municipality as a result of any prosecution for violations of the provisions of this Local Law or Article 7 of the New York State Agriculture and Markets Law and all bail forfeitures by persons charged with such violations shall be the property of the municipality and shall be paid to the financial officer of such municipality. 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 the New York State Agriculture and Markets Law, and subsidizing public humane education programs in responsible dog ownership. Section 19. Nonliability. No action shall be maintained against the Town of Harford, the Village of McGraw, the Town Dog Control Officer, or any person or persons lawfully authorized by the Town when performing duties pursuant to this Local Law or Article 7 of the 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 Article 7 of the New York State Agriculture and Markets Law. Section 20. 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 21. 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 22. Effective Date. This Local Law shall take effect the 1st day of January 2011 upon the filing with the Secretary of the Department of State. - 1 - LOCAL LAW #3 FOR THE YEAR 2010 LICENSING & CONTROL OF DOGS IN THE TOWN OF HARFORD Section 1. Title. The title of this Local Law shall be, “Licensing and Control of Dogs in the Town of HARFORD. 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 attack and damage. Section 4. Application. 1. This Local Law shall apply to all areas of the Town of HARFORD,New York. 2. In the event that any dog owned by a non-resident of the Town of HARFORD is harbored within the Town for a period of 30 days or less such dog shall be exempt from the identification and licensing provisions of this Local Law. 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 have the following respective meanings: 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. - 2 - c. “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. “Domestic animal” means any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, or whitetail deer which is raised under license from the New York State Department of Environmental Conservation (NYSDEC), llama, alpaca, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised under license from NYSDEC before release from captivity. 6. “Harbor” means to provide food or shelter to any dog. 7. “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. 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. 8. “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. Section 6. Licensing. 1. Application for Original License. a. The owner of any dog harbored in the Town of HARFORD reaching the age of four months shall immediately make application to the Town Clerk for a dog license on a form provided by the Town Clerk’s Office. No license shall be required for any dog which is under the age of four months and which is not at large. b. The Town of HARFORD authorizes the Country Acres Animal Shelter and/or the Cortland County SPCA, acting by its manager to provide, accept and grant an application for a dog license made by a resident of the Town of HARFORD at the time of the adoption from the shelter provided that such application is made in accordance with Section 6 of this Local Law and the license fee, any additional fee or surcharge, be submitted to the Town Clerk of the Town of HARFORD on or before the third day of the month following the month in which the license fee and any additional fee or surcharge was received. 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 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 vaccine. - 3 - In the case of a dog being redeemed or adopted from an animal shelter, a copy of the rabies vaccination certificate must be forwarded to the Town Clerk. Such records shall be kept on file by the Town Clerk and be made available upon request for rabies and other animal disease control efforts. 3. Spay/Neuter Certificate. In the case of a spayed or neutered dog, every application shall also 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 (altered). In lieu of the spay or neuter certificate an owner may present a statement certified by a licensed veterinarian stating that he/she 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. 4. Expiration of License. An original license shall be issued for a period of one year, and shall expire on the last day of the month in the same month in which it was originally issued. 5. 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 file has expired or expires within 30 days of the date of renewal. c. A spay/neuter certificate shall not be required if one is already on file with the Town Clerk. In a case where the dog has been spayed or neutered 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 be issued for one year , and shall expire on the last day of the month in the same month in which it was originally issued. Dog owners may request a change in their renewal date which may be granted at the discretion of the Town Clerk. However, no licensing fees will be pro-rated, refunded or waived. 6. License Fees. a. All applications for original licenses or renewals shall be accompanied by a fee established by resolution of the HARFORD Town Board. The total fee for unspayed/unneutered dogs shall be at least five dollars ($5.00) more than the total fee for a spayed/neutered dog. b. License fees are to be used only for controlling dogs and enforcing this Local Law and Article 7 of the Agriculture and Markets Law of the State of New York. c. In addition to the license fee, dogs identified as unlicensed during an enumeration shall be charged an additional fee, to be established by resolution of the HARFORD Town Board, to pay the expenses incurred while conducting the enumeration. d. In addition to the fees set by the Town Board, an assessment of $1.00 for each spayed/neutered dog and $3.00 for each unspayed/unneutered dog shall be charged for the purpose of carrying out population control efforts as mandated by Article 7 of the Agriculture and Markets Law of the State of New - 4 - York. Those fees shall be forwarded by the Town Clerk to a fund established for the particular purpose of spaying and neutering both dogs and cats in Cortland County pursuant to Article 7 of the Agriculture and Markets Law. e. Exempted from the payment of the license fees are applications with the appropriate documentation submitted for a dog license for any guide, hearing, service, war, working search, detection, police and therapy dogs. f. 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. 7. Identification of Dogs. a. When a dog is originally licensed, a Town of HARFORD identification number shall be assigned and an identification tag shall be issued which shall be worn by the dog at all times. b. Existing New York State dog licenses being renewed or transferred in from another municipality shall be assigned a Town of HARFORD identification number and an identification tag shall be issued. Previous license tags shall be surrendered to the HARFORD Town Clerk. c. Lost tags shall be replaced at the expense of the owner at a fee set by the HARFORD Town Board. 8. Owner Responsibilities. The dog owner shall be responsible for notifying the Town Clerk’s Office of any change of address, change of ownership, or for a lost, stolen, or deceased dog within ten days of the change. Failure to notify the Office of such changes shall constitute a violation of this Local Law. 9. Purebred Licenses. a. The owner of two or more purebred dogs registered by a nationally recognized registry association may make an application to the Town Clerk for a purebred license in lieu of the individual licenses required by Subdivision 1 of this Section. b. All dogs over four months of age must be listed and included in the purebred license. c. 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 the Section for every dog listed on the license. Certification for any spayed/neutered dog shall be included as specified in Part 3 of this Section. d. Fees for purebred licenses shall be determined by resolution of the HARFORD Town Board. e. In addition to the fees set by the Town Board, as assessment of $1.00 for each spayed/neutered dog and $3.00 for each unspayed/unneutered dog shall be charged for the purpose of carrying out population control efforts as - 5 - mandated by Article 7 of the Agriculture and Markets Law of the State of New York. f. A comprehensive list of registry numbers and associations shall be required to be submitted with the application. g. Purebred licenses shall be issued for one year and renewed annually and shall not be transferable. h. The holder of a purebred license may procure, at his expense, any number of tags imprinted with the same number as the purebred license. Section 7. Restricted Acts. It shall be unlawful for: 1. Any owner of any dog in the Town to permit or allow such dog to be unlicensed or to fail to have its license renewed, unless such dog is under four months old. 2. Any owner to allow any dog to run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person and under the full control of such owner or person. For the purpose of this Section, a dog or dogs hunting in company of a hunter or hunters shall be considered as accompanied by its owner. 3. Any owner to allow any dog to create a noise disturbance by barking, howling or whining for a period of 20 minutes or more within a one-hour period. 4. Any owner to allow any dog to uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or other property without the consent or approval of the owner thereof. 5. Any owner to allow any dog to 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. 6. Any owner to allow any dog to habitually chase, run alongside of or bark at motor vehicles, motorcycles or bicycles while on a public street, highway or place or upon private property without the consent or approval of the owner of such property. 7. Any owner to allow any dog to create a nuisance by defecating, urinating or digging on public property or on private property without the consent or approval of the owner of such property. 8. Any owner of any dog to fail to have that dog identified by a valid and current Town of HARFORD dog identification tag. 9. Any owner to allow a female dog in heat to be off the owner’s premises unrestrained by a leash or to be left outside unattended. - 6 - Section 8. Dangerous Dogs. The determination of a dangerous dog and the prosecution of the owner of such a dog shall be pursuant to Article 7 of the Agriculture and Markets Law of the State of New York. Section 9. Seizure and impoundment. 1. The seizure and impoundment of dogs in violation of Article 7 of the Agriculture and Markets Law and of Section 7 of this Local Law shall be in accordance with Article 7 of the Agriculture and Markets Law. 2. Seized dogs may be redeemed by producing proof of licensing and identification and by paying: a. $25.00 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. $75.00 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. Section 10. Appearance tickets. The Dog Control Officer or any peace officer having reasonable cause to believe that a person has violated this Local Law shall issue and serve upon such person an appearance ticket for such violation. Section 11. Complaint of violation. Any person who observes a dog in violation of this Local Law may file a complaint under oath with the Dog Control Officer specifying the nature of the violation, the date thereof, the location of the violation, a description of the dog, and the name and residence, if known, of the owner of the dog. Such complaint may serve as the basis for enforcing the provisions of this Local Law. Section 12. Penalties for offenses. Any person convicted of a violation of this Local Law shall be liable to a civil penalty of not less than $25, except that when the person shall have been found to have violated this Local Law within the preceding five years, the civil penalty shall not be less than $50, and where the person shall have been found to have committed two or more such violations within the preceding five years, the civil penalty shall not be less than $100. - 7 - Section 13. 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 peace officer who shall proceed pursuant to the Dangerous Dog Section of Article 7 of the Agriculture and Markets Law. 2. In no event shall the Town of HARFORD, the Village of HARFORD or the County of Cortland be held liable for any damage done by any dog. Section 14. Effective Date. This Local Law shall take effect the 1st day of January, 2011.