Chapter 78

 ANIMALS
ARTICLE I
Dogs

§ 78-1     Title 
§ 78-2     Purpose and intent 
§ 78-3     Definition of Terms
§ 78-4     Restrictions
§ 78-5     Number of dogs per premises
§ 78.6     Female dogs
§ 78-7     Licensing of dogs
§ 78-8     Dog Control Officer

§ 78-9     Procedure for seizure of dogs
§ 78-10   Procedure after complaint
§ 78-11   Care and redemption or disposition of impounded dogs
§ 78-12   Penalties for offenses

§ 78-13   License fees

§ 78-14   Severability

§ 78-15   Repealer

§ 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.]

ARTICLE I
Dogs

[Adopted 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.

This 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.

HARBOR - 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.

TOWN - The Town of Perinton.

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.  

      B.    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.

      E.  Habitually chase, run alongside, or bark at motor vehicles or bicycles. 

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.

A.     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.

B.    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.

C.    Purebred license:

1.     The Town of Perinton will not be issuing purebred or kennel licenses.  All dogs will be licensed individually as per fee system stated above.

D.    Exemptions:

1.     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.

E.    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.

F.    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.

G.    All fees will be used in funding the administration of the Dog Control Law of the Town of Perinton.

H.    Fees for seizure of dogs:

1.     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:

2.     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 of dogs.

A.    The Dog Control Officer or any peace officer shall seize:

1.           Any unlicensed dog whether on or off the owner's premises.

2.           Any dog not wearing a tag, and after January 1, 2011, not identified, and which is not on the owner's premises.

3.           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.

B.    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.

C.    Any 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 complaint.

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.

A.    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.

B.    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.

C.    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.

§78-14  Severability.

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.

§78-15  Repealer.

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.