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Dog Control Law for the Town of Summerhill, Page 1 Town of Summerhill Local Law No. for the year 2010 A Local Law "Dog Control Law for the Town of Summerhill" Be it enacted by the Town Board of the Town of Summerhill Section 1: Purpose: The Town Board of the Town of Summerhill 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 Summerhill. 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 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 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 the filing of 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 and if said owner 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 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 Summerhill. ---PAGE BREAK--- Dog Control Law for the Town of Summerhill, Page 2 e) “Redemption period” means a period of 5 days not including the day of seizure, during which the owner may redeem the dog provided that the owner produce proof of license and current rabies vaccination. 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 the 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. d) Chase, jump upon or at, 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. e) Habitually chase, run alongside of or bark at motor vehicles, 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, is off the owner’s premises, unrestrained by a leash. h) No owner shall fail to provide dogs with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. Section 6: Licensing of Dogs: a) All dogs in the Town of Summerhill 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) 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 if issue. ---PAGE BREAK--- Dog Control Law for the Town of Summerhill, Page 3 c) Fees for Licensing of Dogs: The fee for a spayed or neutered dog will be $7.50 (which includes 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 $15.50 (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 annually and may be changed by a resolution of the Town Board if deemed necessary. d) Replacement Tag Fee: The fee for a replacement tag will be $3.00 e) Enumeration Fee: When the Town board determines the need for a dog enumeration, a fee of $5.00 will be assessed for each dog found unlicensed or unrenewed at the time the enumeration is conducted. f) Purebred license: The Town of Summerhill will not be issuing Purebred or Kennel licenses. All dogs will be licensed individually as per the fee system stated above. g) Service Dogs: The Town of Summerhill will not require a license for any guide dog, service dog, hearing dog or detection dog. h) The Town of Summerhill 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 the licensing OR to the Town Clerk of the Town of Summerhill, where the Shelter is located for the purpose of the license for the adoption purposes. i) 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. A certificate of a current rabies vaccination is required. j) All fees will be used in funding the administration of the Dog Control Law of the Town Of Summerhill. k) Fees for the seizure of Dogs: The fee for the seizure and impoundment of dogs in violation of this law or the Laws of New York State 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: $50.00 plus the impoundment and euthanasia fees per animal. Each subsequent offense: $75.00 plus the impoundment and euthanasia fees. Section 7: Procedure for the Seizure of Dogs: a) The Dog Control Officer or any peace officer shall seize: Any unlicensed dog whether on or off the owners premises; Any dog not wearing a tag, and after January 1, 2011, not identified and which is not on the owner's premises, and Any dog found in violation of paragraphs of the Section 6 of this Local Law. Such seized dog shall be kept and disposed of in accordance which the provisions of Article 7 of Agriculture and Markets ---PAGE BREAK--- Dog Control Law for the Town of Summerhill, Page 4 law, and see that the order of the Town Justice of the Town of Summerhill 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. Section 8: Any person who observes a dog in violation of this Local Law may file a complaint under oath with the Town Justice of the Town of Summerhill, specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, the name of the owner of such dog. Such complaint may serve as a basis for enforcing the provisions of this Local Law. Section 9: Penalties: Any person convicted of a violation of this Local Law shall be liable for a civil penalty of $25.00 for a first violation; of $50.00 for the second violation; and $75.00 for each subsequent violation. Section 10: 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 12: Repealer: This Local Law shall supersede all prior Local Laws, Ordinances, rules and Regulations relative to the control of the dogs within the Town of Summerhill, and they shall be upon the effectiveness of this Local Law, Null and Void. Section 13: Effective Date: This Local Law shall be effective 1 January, 2011 after filing with the Secretary of State. I hereby certify that the Local Law annexed hereto, designed as Local law of 2010 of the Town of Summerhill was duly passed by the Town Board on 2010 in accordance with applicable provisions of law. ( Seal) Carol L Chase, Town Clerk Town of Summerhill Date: