Town of
Annsville
Laws

Town of Annsville Dog Control Law of 2010

December 27, 2010
December 15, 2010
Overview:
 

Town of Annsville Dog Control Law of 2010

Section1  Purpose. The Town of Annsville, New York finds that the running at large and other uncontrolled behavior of dogs has caused physical harm to persons, damage to property and created nuisances within the Town.  The purpose of this Law is to protect the health, safety and well-being of persons and property by imposing restrictions and regulations upon the keeping or running at large of dogs and the seizure thereof within the Town.

Section 2  Authority. This Local Law is enacted pursuant to the provisions of section 124 of Article 7 of the Agriculture and Markets Law.

Section 3 Title. The title of this Local Law shall be Town of Annsville Local Law Dog Control of 2010.

Section 4 Definitions.

(a)    "Owner" means any person who harbors or keeps any dog.  In the event any dog found in violation of this Law shall be owned by a person under eighteen years of age, the owner shall be deemed to be the parent or guardian of such person (or the head of household in which the person resides).

(b)    "Harbor" means to provide food or shelter to any dog.

(c)    "At Large" means any dog that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the dog unless permission for such presence has been obtained.  No dog shall be deemed to be at large if it is: (a) accompanied by and under immediate supervision and control of the owner or other responsible person; (b) a police work dog in use for police work; (c) accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.

(d)   "Control" subject to the will and commands of the owner, guardian, and/or agent responsible for the dog.

(e)    "Dangerous Dog" A dog that harasses, chases, molests, bites, shows aggression towards, or constitutes a physical threat toward a human being while not on the property of its owner or guardian.

(f)    "Dog Control Officer" The person or persons appointed by the Town Board of the Town of Annsville, Oneida County for the purpose of enforcing this dog Law.

Section 5 Restrictions. It shall be unlawful for any owner of any dog to permit or allow such dog, in the Town of Annsville to;

(a)    be unlicensed;

(b)   be at large;

(c)    engage in habitual loud howling, barking, crying or whining or to conduct itself in such a manner so as to unreasonably and habitually annoy any person;

(d)   cause damage or destruction to property, or commit a nuisance by defecating or urinating upon the premises of a person, other than the owner of such dog;

(e)    chase or otherwise harass any person in reasonable apprehension of bodily harm or injury; or

(f)    Chase, run alongside of or bark at motor vehicles and/or bicycles.

            Section 6 Enforcement. This local law shall be enforced by any dog control officer in the employ or under contract with the Town of Annsville, and any peace officer, member of the sheriffs Department or State Police.

Section 7 DOG CONTROL OFFICER / SHELTER

(A) The Town Board of the Town of Annsville shall appoint the Dog Control Officer, who shall have the duty of enforcing this Ordinance in addition to Article 7 of the Agriculture and Markets Law.  Any Peace Officer, member of the sheriff's or state police department may enforce this local law.

(B) Every dog seized by the Dog Control Officer that has not been returned to its owner upon proof of NYS license, rabies vaccinations, and payment of the required fines after five days excluding the day of pick up shall be transported to a contracted shelter.

(C) The contracted shelter must maintain, redeem, sell, adopt, and/or euthanize all dogs

Section 8 Seizure, Impoundment, Redemption

                        (a)Any dog found in violation of the provisions of section 5 of this Law may be                        seized pursuant section 117 of the Agriculture and Markets Law.

                        (b) Every dog seized shall be properly cared for; sheltered, fed and watered.

(c) The owner of any dog impounded/Seized by the Town of Annsville dog control                    officer shall be entitled to redeem that dog within five (5) business days,                         

excluding the day the dog is impounded, from the day the dog is impounded,                              provided that the owner produces proof the dog is licensed and identified and                          pays a fee of Twenty five dollars ($25) for the first impoundment and a fee of        

Three dollars ($3) for each additional twenty-four hour period; a fee of                           Fifty dollars ($50) for the second impoundment and a fee of Three dollars ($3)              

for each additional twenty-four hour period; a fee of Seventy Five dollars                      ($75) for a third and each subsequent impoundment and a fee of Three dollars                      

 ($3) for each additional twenty-four hour period.

Section 9 Complaint. Any person, who observes a dog in violation of any acts prohibited by this Ordinance, may file a signed complaint with the authorized Dog Control Officer. The complaint must specify the objectionable conduct of the dog, the date thereof, the damage caused or the acts constituting violation of this law, and including the place or places where such conduct occurred and the name and residence, if known, of the owner or other person harboring such dog. For dangerous dogs the complainant shall use forms as provided by New York State Agriculture and Markets Law.

Section 10Appearance Ticket.

(a)    Any dog officer whom observes a violation of this Law in his presence shall issue and serve an appearance ticket for such violation.

(b)   Any dog control officer who has reasonable cause to believe that a person has violated this law, shall issue and serve upon such person an appearance ticket for such violation.

Section 11 Penalties.

      (a) Violations of this Law shall be deemed an offense and a violation thereof shall be punished by a fine of not less than Twenty-Five Dollars ($25.00) or more than two hundred and Fifty Dollars ($250.00) or by imprisonment of not exceeding thirty (30) days or by both such fine and imprisonment, and a subsequent failure to pay the fines as set forth in Section 8 (NYS Agricultures & Markets Law) shall be deemed an offense and such violation thereof shall be punishable by a fine of not less than Fifty Dollars ($50.00) or more than Five Hundred Dollars ($500.00) or by imprisonment of not exceeding thirty (30) days or by both such fine and imprisonment.

Section 12 Dog Licenses, Fees established

  1. All dogs in the Town of Annsville must be licensed with the Town Clerk by the age of four (4) months and the dog owner is required to present a current Certificate of Rabies Vaccination at the time of licensing and/or the renewal of an existing license.
  2. All dog Licenses shall be for a period of one (1) year.  There will be no refunds.
  3. Fees for Licensing Dogs (effective January 1, 2011)

1)                  For each Spayed or Neutered dog $10.00, which includes the assessment of a statutory One Dollar ($1) surcharge for the purpose of carrying out animal population control

2)                  For each unspayed, unneutered dog $20.00, which includes the assessment of a statutory Three Dollar ($3) surcharge for the purpose of carrying out animal population control

3)                  Replacement ID Tags $5

4)                  Enumeration Fee- when the town board determines the need for a dog enumeration, a fee of Twenty-five Dollars ($25) shall be assessed, in addition to the dog license fees, to all dogs found to be unlicensed or not renewed at the time the enumeration is conducted.

5)                  Purebred Dogs will be licensed the same as above

6)         Service Dogs: Service dogs, including guide dog, service dog, hearing         dog or detection dog shall be licensed but shall be exempt from a dog license fee; the dog owner shall provide written proof of the dog's status to be exempt from such fees.

7)         The fees set forth in paragraph C shall be reviewed by the Town Board periodically and may be changed by a resolution of the Town Board, if deemed necessary.

8)         The Town of Annsville does not allow the licensing of dogs by a shelter.  The shelter must send the adoptive dog owners to the Annsville Town Clerk's Office for the purchase of the license for adoption purposes.

9)         All dog licenses may be purchased by visiting the Annsville Town Clerk's Office during regular business hours.  Renewals may be sent in by regular mail or brought in personally to the Town Clerk's Office.  If mailing a renewal license, the appropriate fee must accompany the appropriate forms.

Section 13                 Protection of deer. During the months of December through March all dogs    shall be confined.  This is to protect the deer from being harmed. 

1)      Any dog that is found not confined as required by this law shall be seized.

2)      If any dog found not confined as required by such Law, shall attack, chase or worry any deer, any dog control officer, peace officer, or police officer acting pursuant to his special duties shall seize such dog.  If the same dog shall have a second offence the dog shall be seized and can at the discretion of the officer be destroyed if he/she feels it necessary and no liability in damage or otherwise shall be incurred on account of such destruction.

3)      If any dog shall kill or cripple any deer, the owner shall be subject to a civil penalty in the amount of one hundred dollars ($100) for the first deer killed or crippled by the dog or pack of dogs, if any, of which the dog was a member, and in the amount of one hundred fifty dollars ($150) for each additional deer killed or crippled.

4)      This section and any order issued pursuant thereto shall not apply to dogs in special dog training areas or shooting preserves enclosed and licensed pursuant to the provisions of the environmental conservation law while such dogs are under the control of the owner and or trainer.

                          Section 14 Non-Liability of the Town. The guardian of any dog destroyed as a result of being released to a dog shelter or to an authorized veterinary shall not be entitled to any compensation, and no action shall be allowed thereafter to recover the value of such dog or any other type of damage.

                              Section 15  Separability. Each separate provision of this Local Law shall be deemed independent of all other provisions herein and, if any provision is adjudged invalid by any court of competent jurisdiction, all other provisions herein shall remain valid and enforceable.

Section 16  Repealer. This law shall supersede all prior local laws, ordinances, rules and regulations relative to the control of dogs within the Town of Annsville and they shall be, upon the effective date of this Law, null and void.

Section 17 Effective date. This Law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.

Date: December 15, 2010

Motion made by:  __Supervisor Scott Leuenberger________          

Motion seconded by:  _Councilman Whitney Cook______________

Supervisor Scott Leuenberger  ______aye____________________

Councilman James Armstrong ______aye____________________

Councilman Whitney Cook     ______aye____________________

Councilman Michael Nobis     ______aye____________________

Councilman Mark Trnchik       ______aye____________________

(SEAL)                                                                                                             

                                                                        Christine M. Broski

                                                                        Town Clerk