County:
ONEIDA
Town: AUGUSTA
#1
Local Law for the year 2010 Local
Law “Dog
Control Law” for the Town of AUGUSTA
Be it
enacted by the ____Town Board____of the Town
Of
AUGUSTA as follows:
Section
1: Purpose: the Town Board of the Town of AUGUSTA finds that the running at
large and other uncontrolled behavior of licensed and unlicensed dogs has
caused physical harm to persons, damage to property and have created nuisances
within the Town. The purpose of this Local Law is to protect the
health,
safety and well being of persons and property by imposing restrictions on the
keeping and running at large of dogs within the Town.
Section
2: Authority: This Local Law is enacted pursuant to the provisions of (Article
7, Chapter 59; Part T) of the Agriculture and Markets Law and the Municipal
Home rule Law of the State of New York.
Section
3: Title: the title of this Law shall be Dog Control Law of the Town of AUGUSTA
Section
4: Definition of Terms: As used in this Local Law the following words shall
have the following respective meanings:
(a)
“Dog” means male and female, licensed and unlicensed, members of the species
canis familiaris.
(b)
“Owner” means person entitled to claim lawful custody and possession of a dog
who is responsible for purchasing the license for such dog unless the dog is or
has been lost, and such loss was promptly reported to the dog control officer
and a reasonable search has been made. If a dog is not licensed, the term 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 dog 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 filing any complaint charging a violation of this Local
Law,
shall be held in and deemed to be the owner of any dog found to be in violation
of this chapter shall be under 18 years of age, the head of the household in
which said minor shall be deemed to have custody and control of said dog and
shall be responsible for any acts of the said dog in violation of this Local
Law.
(c)
“Run at Large” means to be in a public place or on private land without the
knowledge, consent, and approval of the owner of such lands.
(d)
“Town” means the Town of AUGUSTA.
Section
5: Restrictions: It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
(a) Run
at large unless the dog is accompanied by its owner or a responsible person and
under the full control of such owner or person. For the purpose of this Local
Law, a dog or dogs hunting in the company of a hunter or hunters shall be
considered as accompanied by its owner.
(b)
Engage in habitual and loud howling, barking, crying or whining or conduct as
to unreasonably and habitually disturb the comfort or repose of any person
other than the owner of such dog.
(c)
Uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds,
or other property without the consent or approval of the owner of the property.
(d)
Chase, jump upon or at or otherwise harass any person in such manner as to
cause intimidation or fear or to put such person in reasonable
apprehension of bodily harm.
(e)
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.
(f)
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.
(g) If
a female dog, when in heat, be off the owner’s premises, unrestrained by a
leash.
Section
6: Licensing of Dogs:
(a) All
dogs in the Town of AUGUSTA must be licensed with the Town Clerk by the age of
4 months and are required to present a current Certificate of Rabies at the
time of licensing or the renewal of an existing license.
(b) Dog
licenses will be for a period of one year, and will expire at the end of the
month - one year from the date of issue.
(c)
Fees for Licensing of Dogs:
The fee
for a spayed or neutered dog will be $5.00,(which included the assessment of a
$1.00 surcharge for the purpose of carrying out animal population control) and
the fee for an unspayed or unneutered dog will be $13.00,(which includes the
assessment of a $3.00 surcharge for the purpose of carrying out animal
population control) with such fees being reviewed by the Town Board
periodically and may be changed by a resolution of the
Town
Board, if deemed necessary.
(d)
Enumeration fee: When the Town Board determines the need for a dog enumeration,
a fee of $7.50 will be assessed to all dogs found unlicensed or nonrenewed at
the time the enumeration is conducted.
(e)
Purebred License: The Town of AUGUSTA will not be issuing Purebred or Kennel
Licenses. All dogs will be licensed individually as per fee system stated
above.
(f)
Service Dogs: The Town of AUGUSTA will not require a license for any guide dog,
service dog, hearing dog or detection dog.
The
Town of AUGUSTA does not allow the licensing of dogs by a shelter. The shelter
MUST send the adoptive dog owners to the Town Clerk of the Town or City in
which the dog will be harbored for licensing.
(h) All
dog licenses may be purchased by visiting the Town offices or by regular mail.
If licensing or renewing a license by mail, the appropriate fee must accompany
the forms.
There
will be NO refund of fees.
(i) All
fees will be used in funding the administration of the Dog Control Law of the
Town of AUGUSTA.
(j)
Fees for Seizure of Dogs: The fee for seizure and impoundment of dogs in
violation of this law or the Laws of the New York State Department of
Agriculture and Markets Law are as follows: First Offense: The same impoundment
and euthanasia fees per animal that are charged to the town for such service,
Second Offense: $125.00 plus the impoundment and euthanasia fees per animal.
Section
7: Procedure for Seizure of Dogs:
(a) The
Dog Control Officer or any peace officer shall seize:
Any
unlicensed dog whether on or off the owner’s premises;
Any dog
not wearing a tag, and after June 15, 1985, not identified, and which is not on
the owner’s premises, and
Any dog
found in violation of paragraphs (a)-(j) of Section 5 of this Local Law. Such
seized dog shall be kept and disposed of in accordance with the provisions of
Article 7 of Agriculture and Markets Law, and see that the order of the Town
Justice of the Town of AUGUSTA in such case is carried out.
(b) The
Dog Control Officer or peace officer observing a violation of this Law in his
presence shall issue and serve an appearance ticket for such violation. Said
Law should be considered a Petty Offense and not a Misdemeanor.
(c) Any
person who observes a dog in violation of this Local Law may file a complaint
under oath with the DOG CONTROL OFFICIER of the Town of AUGUSTA specifying the
nature of the violation, the date thereof, a description of the dog and the
name and a residence, if known, of the owner of such dog. Such complaint may
serve as a basis for enforcing the provisions of this Local Law.
Section
8: Penalties: Any person convicted of a violation of this Local Law shall be
liable for a civil penalty of Twenty-five Dollars ($25.00) for a first
violation; of Fifty Dollars ($50.00) for a second violation and Seventy-five
Dollars ($75.00) for each subsequent violation.
Section
9: Separability: Each separate provision of this Local Law shall be deemed
independent of all other provisions herein and if any provisions shall be
deemed or declared invalid, all other provisions hereof shall remain valid and
enforceable.
Section
10: Repealer: This Local Law shall supersede all prior Local Laws, Ordinances,
Rules and Regulations relative to the control of dogs within the Town of
AUGUSTA and they shall be upon the effectiveness of this Local Law, null and
void.
Section
11: Effective Date: This Local Law shall be effective January 1, 2011 after
filing with the Secretary of State.
