Purpose and intent
Definition of Terms
§ 78-5 Number of dogs per
§ 78.6 Female dogs
§ 78-7 Licensing of dogs
Dog Control Officer
78-9 Procedure for seizure of dogs
Procedure after complaint
Care and redemption or disposition of impounded dogs
Penalties for offenses
78-13 License fees
78-16 Amendment to previous laws
78-17 Effective date
[HISTORY: Adopted by the Town Board of
the Town of Perinton as indicated in article histories. Amendments noted where applicable.]
4-27-1977 by L.L. No. 4-1977 (Ch. 69 of the 1976 Code); amended in its Entirety
11-17-2010 by L.L. No. 9-2010]
§ 78-1 Title.
article shall be known as the "Perinton Dog Control Law."
§ 78-2 Purpose and intent.
The purpose and intent of this
article shall be to preserve the public peace and good order in the Town of
Perinton and to contribute to the public welfare and the preservation and protection
of the property and the person of the inhabitants of said town by declaring and
enforcing certain regulations and restrictions on activities of dogs and owners
of dogs within the town.
§ 78-3 Definition of Terms.
As used in this article, the
following words shall have these respective meanings:
DOG - Male and female, licensed and unlicensed, members of the species canis familiaris.
To provide food or shelter for any dog.
OWNER - A 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 week prior to filing any
complaint charging a violation of this article, shall be held in and deemed to
be the owner of such dog for the purpose of this article. In the event that the owner of any dog found
to be in violation of this article shall be 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 the said dog in
violation of this article.
RUN AT LARGE - To be in a public place or on private land without
the knowledge, consent, and approval of the owner of such lands.
The Town of Perinton.
It shall be unlawful for any
owner of or any person harboring any dog in the Town of Perinton to permit or allow such dog to:
A. Run at large unless said dog is restrained by an adequate collar and leash or unless accompanied by its owner or a responsible person able to control the animal. For the purpose of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by its owner.
Engage in habitual loud howling or barking or conduct itself in
such a manner as to habitually annoy
any person other than the owner or person harboring such dog.
C. Cause damage or destruction to property or commit a
nuisance upon the premises
of a person other than the owner
or person harboring such dog.
D. Bite, chase or otherwise harass any person in such a
manner as to reasonably cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
chase, run alongside, or bark at motor vehicles or bicycles.
§ 78-5 Number of dogs per premises.
It shall be unlawful to keep more
than four dogs, four months old or older, on any premises regardless of the
number of owners, unless the provisions of the Zoning Ordinance of the Town of
Perinton in regard to kennels have been complied with.1
§ 78-6 Female dogs.
It shall be unlawful for the
owner or person harboring any female dog to permit such dog to run at large
when in heat, and such dog shall be confined to the premises of such person
during such period.
§ 78-7 Licensing of dogs.
All dogs in the Town of
Perinton must be licensed with the Town Clerk by the age of four months and are
required to present a current certificate of rabies at the time of licensing or
the renewal of an existing license.
All dog licenses will be issued for a period of one year and will
expire at the end of the month one year from date of issue.
The Town of Perinton will not be issuing purebred or kennel
licenses. All dogs will be licensed
individually as per fee system stated above.
The Town of Perinton will not require a license for any guide dog,
hearing dog, detection dog, service dog, war dog, working search dog, police
work dog, or therapy dog.
The Town of Perinton 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 or to the Town Clerk of the Town of Perinton where
the shelter is located for the purchase of the license for adoption purposes.
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.
All fees will be used in funding the administration of the Dog
Control Law of the Town of Perinton.
Fees for seizure of dogs:
The fee for seizure and impoundment of dogs in violation of this
article or the laws of the New York State Department of Agriculture and Markets
Law are as follows:
The same seizure, impoundment, and euthanasia fees per animal that
are charged to the Town for such service.
§ 78-8 Dog control
officer. [Amended 3-26-1980 by L.L. No. 1-1980]
A dog control officer or
officers, designated as such by the Town Board, shall have all the applicable powers
to enforce the provisions of Chapter 78 of the Town ordinance and Article 7 of
the Agriculture and Markets Law. In addition, any dog control officer
authorized by the Town Board to assist in the enforcement of this article may
serve any process related to any proceeding, whether criminal or civil in
nature, including an appearance ticket, undertaken in accordance with the
provisions of this article.
§ 78-9 Procedure for seizure
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 January 1, 2011, not
identified, and which is not on the owner's premises.
Any dog found in violation of §78-4, Restrictions, Subsections A
through E of this article. 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 Perinton in such case is carried out.
The Dog Control Officer or peace officer observing a violation of this
article in his presence shall issue and serve an appearance ticket for such
violation. Said offense should be
considered a petty offense and not a misdemeanor.
person who observed a dog causing damage or destruction to property of a person
other than its owner or committing a nuisance upon the premises of a person
other than its owner may file a signed complaint under oath with a Justice of
the Peace of the Town of Perinton specifying the objectionable conduct of the
dog, the date thereof, the damage caused, a description of the dog, and the
name and residence, if known, of the owner or other person harboring said dog.
§78-10 Procedure after
Upon receipt by the Justice of
the Peace of any complaint in writing against the conduct of any particular
dog, the Justice of the Peace must summon the alleged owner or other person
harboring said dog to appear in person before him. If the summons is disregarded,
the Justice must permit the filing of
information and issue a warrant for the arrest of such person.
§78-11 Care and redemption or
disposition of impounded dogs.
Every dog seized shall be properly fed and cared for at the expense of
the Town of Perinton until disposition thereof as herein provided and in
accordance with the applicable provisions of the Agriculture and Markets Law of
the State of New York.
If the dog seized bears a license tag, the Dog Control Officer shall
ascertain the owner of the dog and shall give immediate notice by serving
personally or by certified mail, return receipt requested, such owner, or an
adult member of his family, with a notice, in writing, stating that the dog has
been seized and will be destroyed unless redeemed as herein provided.
The owner of a dog so seized may redeem the dog within seven days if
notice is served in person, or nine days if served by mail, by paying to the
Town Clerk the seizure fee for the first offense, with an increase of $10 for
each additional offense, as the cost of the seizure plus an additional charge
for the cost of feeding and caring for such dog.
§78-12 Penalties for offenses.
Any person convicted of violation of this article shall be liable for a
civil penalty of $25 for a first time violation; of $50 for a second violation,
and $75 for each subsequent violation.
§78-13 License fees.
Authority to set dog license fees by resolution of the Town Board: Pursuant to Municipal Home Rule Law, Article
2, by the adoption of this article, the Town of Perinton, County of Monroe,
hereby authorizes the Town Board of the Town of Perinton, County of Monroe to
establish, by resolution, a schedule of dog license fees, enumeration fees, and
tag replacement fees. The Town Board of
the Town of Perinton, County of Monroe, may exercise this authority as needed
throughout the year.
Each separate provision of this article shall be 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.
This article shall supersede all prior Local Laws, Ordinances, Rules and
Regulations relative to the control of dogs within the Town of Perinton, and
they shall be upon the effectiveness of this article, null and void.
§78-16 Amendment to previous laws.
Local Law No. 1 of 2010 constitutes an amendment of Local Law No. 1 of
1992 and Local Law No. 2 for the year 1985, which establishes a "Dog Control
Law", adding only the provision referred to in sections above.
§78-17 Effective date.
This article shall be effective
January 1, 2011 after filing with the Secretary of State.