Hancock, New York

TOWN OF HANCOCK

LOCAL LAW NO. 1 OF THE YEAR 2010
A LOCAL LAW – DOG LICENSING AND CONTROL LAW OF THE TOWN OF HANCOCK, COUNTY OF DELAWARE

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF HANCOCK AS FOLLOWS:

SECTION 1: TITLE: Dog Licensing and Control Law of the Town of Hancock, County of Delaware

SECTION 2: AUTHORITY: This Local Law is enacted pursuant to the provisions of (Chapter 59: Part T of the Laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York.

SECTION 3: PURPOSE: The Town Board of the Town of Hancock, County of Delaware hereby finds and declares that the purpose of this Local Law is to provide for the dog licensing, identification, confining and leashing of dogs, in order to protect the health, safety and well-being of persons and property of the Town.

SECTION 4: DEFINITION OF TERMS: All terms not specifically defined herein shall have the meaning assigned to such terms with Section 108 of the Agriculture and Markets Law of the State of New York. As used in this Local Law the following words shall have the meanings indicated:

(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 Law, as amended by this Law, and as thereafter amended.

(B) IDENTIFICATION TAG/LICENSE TAG – means a tag issued by the Town Clerk which sets forth an identification number, together with the name of the Town, the State of New York, contact information, including telephone number for the Town and such other information as the licensing municipality deems appropriate.

(D) OWNER OF RECORD – means the person in whose name a dog was last licensed pursuant to this Law.

(E) RUN AT LARGE – means to be off a leash and off the owner’s property.

(F) TOWN – means the Town of Hancock.

(G) CRUELTY – an act upon any animal in which a person overworks, tortures, beats, intentionally injures, maims, mutilates, poisons or deprives such animal of necessary sustenance, food or drink, and/or shelter and protection. The term Cruelty shall include every act, omission, or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.

(H) SHELTER- protection of an animal against extreme temperatures in a moisture-controlled structure with a dry floor and clean bedding material.

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. For the purpose of this 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 loud howling, barking, crying or whining or conduct itself in such a manner so 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, without the consent or approval of the owner thereof.

(D) Chase, jump upon, bite 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) Habitually chase, run alongside 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 private land without the consent or approval of the owner of such property.

(G) Attack, bite, kill or injure any household pet, poultry, livestock or protected wildlife.

SECTION 6. REGULATIONS:

(A) CRUELTY, NEGLECT AND/OR INJURY TO DOGS. All acts of cruelty as defined in this Local law are prohibited.

(B) CONDITIONS OF KEEPING DOGS.

(1) Dogs shall be provided adequate food and water, shelter and protection according to Article 26 of the Agriculture and Markets Law. All premises occupied by animals shall be kept in a clean, safe and sanitary condition and shall be of sufficient size to provide adequate space so as not to result in over-crowding of the dogs.

(2) No animal shall be left unattended in a motor vehicle without proper ventilation. A vehicle shall not be used as a permanent place for harboring an animal.

(C) VEHICULAR ACCIDENTS. Any person operating a vehicle which strikes injures or kills an animal shall stop and be responsible for locating the guardian of the animal, or a police officer. Such person shall take the necessary actions so that the animal receives immediate medical attention. Upon request by a police officer, the driver shall provide his/her name, address, insurance carrier and identification, and driver’s license number.

(D) TRANSPORT OF ANIMALS.

(1) No person shall carry or cause to be carried in or upon any vessel or vehicle or otherwise, any dog in a cruel, inhumane or dangerous manner.

SECTION 7. LICENSING OF DOGS:

(A) RABIES VACCINATION REQUIRED. Any person owning, possessing or harboring a dog four (4) months of age or over in the Town shall be required to have the dog vaccinated to prevent the spread of rabies, unless a statement from a licensed veterinarian is presented, stating that such vaccination would endanger the dog’s life.

(B) LICENSE REQUIRED. All dogs in the Town must be licensed with the Town Clerk by the age of four (4) months and are required to present a current rabies vaccination certificate at the time of licensing or the renewal of an existing license.

(C) All 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.

(D) 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.

(E) FEES FOR LICENSING OF DOGS: The fee for a spayed or neutered dog will be $5.00 (which includes the $1 assessment fee from New York State for the purpose of carrying out animal population control) and the fee for an unspayed or unneutered dog will be $15.00 (which includes the $3 assessment fee from New York Sate 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.

(F) SERVICE DOGS: The Town will not require a fee for any guide dogs, service dog, hearing dog or detection dog.

(G) PUREBRED LICENSE; The Town will not be issuing Purebred or Kennel Licenses. All dogs will be licensed individually as per fee system stated above.

(H) The Town 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 in which the dog will be harbored for licensing.

(I) ENUMERATION FEE: When the Town Board determines the need for a dog enumeration, a fee of $5 will be assessed to all dogs found unlicensed payable at the time the application is filed to license said dog.

(J) IDENTIFICATION TAG/LICENSE TAG.

(1) The Town Clerk shall assign a municipal identification number to a dog when it is first licensed or renewed. Such identification number must be affixed to the collar of the dog and worn at all times.

(2) No tag carrying a municipal identification number shall be affixed to the collar of any dog other than the one to which the number has been assigned.

(3) When a license tag is lost, the owner must purchase a replacement tag from the Town Clerk for a fee of $3.00.

(K) CHANGE OR OWNERSHIP: LOST OR STOLEN DOG.

(1) Upon the change of ownership of any dog, the new owner shall, within ten days of such change, make application for a license for such dog.

(2) In the event of a change in ownership of any dog which has previously been assigned a municipal identification number, or in the event of address of the owner of record of any such dog, the owner or record shall, within ten days of such change, notify the Town Clerk.

(3) If any dog which has been assigned a municipal identification number is lost or stolen, the owner of record shall, within ten days of the discovery of such loss or theft, notify the Town Clerk.

(4) In case of a dog’s death, the owner of record shall, within ten days, notify the Town Clerk.

SECTION 8. SEIZURE OF DOGS; REDEMPTION PERIODS; REDEMPTION FEES;

(A) The Dog Control Officer or any peace officer acting pursuant to his/her special duties shall seize:

(1) Any unlicensed dog whether on or off the owner’s premises

(2) Any dog which is not identified, and which is not on the owner’s premises

(3) Any dog found in violation of paragraph (A) of Section 5 of this Law.

(4) Any dog if there is probable cause to believe the dog is dangerous

(5) Any dog which poses an immediate threat to the public safety

Such seized dog shall be kept and/or disposed of in accordance with the provisions of Article 7 of the Agriculture and Markets Law. The dog control officer or peace officer may also investigate and report to a Town Justice of the Town any dangerous dog as described in Article 7 of the Agriculture and Markets Law, and see that the order of the Town Justice in such case is carried out.

(B) The dog control officer or a peace officer having reasonable cause to believe that a person has violated this Law shall issue and serve upon such person an appearance ticket for such violation.

(C) Any person who observes a dog in violation of this Law may file a complaint under oath with a Town Justice of the Town 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 such dog. Such complaint may serve as the basis for enforcing the provisions of this Law.

(D) The owner of any dog impounded by the Town of Hancock shall be entitled to redeem that dog within five (5) days excluding the day the dog is impounded, provided that:
(1) No court hearing is pending.

(2) The owner produces proof the dog is licensed.

(3) The owner pays appropriate redemption fees.

(E) The redemption fee for a seized or impounded dog in violation of Article 7 of the Agriculture and Markets Law and paragraph A of Section 5 of the Law are as follows:

(A) Prior to transportation of a dog to the shelter: (payable to the Town)

(1) $10 for the first impoundment

(2) $20 for the second impoundment

(3) $30 for a third and each subsequent impoundment

(B) After a dog has been transported to the shelter:

(1) $40 each redemption (payable to the shelter).

SECTION 9. PENALTIES. Any persons convicted of a violation of this Local Law shall be liable of 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 10. SEPARABILITY. Each separate provision of this Law shall be deemed independent of all other provision herein, and if any provisions shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable.

SECTION 11. REPEALER. This Law shall supersede all prior Local laws, Ordinances, Rules and Regulations relative to the control of dogs within the Town of Hancock and they shall be, upon effectiveness of this Law, null and void.

SECTION 12. NON-LIABILITY OF TOWN. The owner or harborer of any dog so destroyed under the provisions of this Law, whether destroyed by dog control officer, peace officer or released to an authorized humane society or veterinarian shall not be entitled to any compensation, and no action shall be maintainable thereafter to recover the value of such dog or any other type of damage.

SECTION 13. EFFECTIVE DATE. This Law shall become effective January 1, 2011 after filing with the Secretary of State.

Local Law filed with Department of State on December 14, 2010