Town of Newstead

Dog Control

Dog Control Officer - David DeYoung
cell phone number - 574-0488

Dog Control – Town of Newstead
5 Clarence Center Rd - Akron, New York 14001
Phone: (716) 542-4573
- DOGS -
Chapter 34
- DOGS -
ARTICLE I
Licensing

§ 34-1. Local License Fee; effective date.

ARTICLE II
Control

§ 34-2. Title.

§ 34-3. Definitions.

§ 34-4. Restrictions.

§ 34-5. Interference with enforcement officials.

§ 34-6. Duties of Dog Control Officer; impoundment.

§ 34-7. Effect of ownership by minor.

§ 34-8. Enforcement; right of entry.

§ 34-9. Penalty for offenses.

§ 34-10. Liability of town officials.

(History: Adopted by the Town Board of the Town of Newstead: Art. I, 10-8-79 as L.L. No. 1-1979; Art II, 1-13-86 as L.L. No.1-1986. § 34-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.)

ARTICLE I

Licensing
(Adopted 10-8-79 as L.L. No. 1-1979)

§ 34-1. Local license fee; effective date.

  • A. Pursuant to § 110, Subdivision 4, of the New York Agriculture and Markets Law, an annual dog license fee, as set forth in the Fee Schedule as adopted by the Newstead Town Board, shall be applicable for each dog license issued by the Town of Newstead, New York, under §109 Subdivision I, of the New York Agriculture and Market Law and will be added to the fees established by § 110 Subdivision I, of the New York Agriculture and Market Law.
  • B. This annual dog license fee shall be charged for all licenses becoming effective on or after July 1, 2004.

ARTICLE II

Control
(Adopted 1-13-86 as L.L. No. 1-1986)

§34.2. Title
This Article shall be known as the "Town of Newstead Dog Control Law."

§34-3. Definitions.
As used in this Article, the following terms shall have the meanings indicted:
AT LARGE – Any dog that is on property open to the public or is on private property not owned or leased by the owner of the dog unless permission for such presence has been obtained. No dog shall be deemed to be "at large" if it is a guide dog actually leading a blind person, a police work dog in use for police work, or a dog accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or posted land with the permission of the owner of the land or leashed as prescribed by §34-4A

§34-4. Restrictions.

  • A. No person, firm or corporation owning, keeping, harboring or having the care, custody or control of any dog or dogs shall allow or permit any such dog or dogs to be off the premises of such person, firm or corporation (at large) and in the Town of Newstead unless restrained by a chain or leash not exceeding six (6) feet in length. Whenever any dog is found off the premises of the person, firm or corporation owning, keeping, harboring or having the care, custody or control of such dog not controlled or restrained as above provided, it shall be presumed that such person, firm or corporation permitted or allowed such dog or dogs to be off the premises in violation of this section.
  • B. No person, firm or corporation shall keep or allow to be kept on premises owned or controlled by him or it any dog which, by its incessant barking, howling, whining or other noise, shall unreasonably disturb the peace and quiet of any person.
  • C. No person shall deliberately, carelessly or negligently provoke a dog into barking, thereby disturbing the peace and quiet of a neighborhood by annoying the residents thereof.
  • D. No person, firm or corporation shall own, keep, harbor or have the care, custody or control of any dog not licensed as required by Article 7 of the Agriculture and Market Law of the State of New York.
  • E. No owner or harborer of a dog shall permit or allow such dog to cause damage or destruction to property or to urinate or defecate or to commit any other nuisance upon the premises of a person other than his own.
  • F. No owner or harborer of a dog shall allow such dog to habitually chase motor vehicles or bicycles or other conveyance including pedestrians and joggers.

§34-5. Interference with enforcement officials.

No person shall hinder, resist or oppose any properly designated official or representative of the town in the performance of his duties under this Article.

§34-6. Duties of Dog Control Officer; impoundment.

  • A. It shall be the duty of the Dog Control Officer or any other town agent or employee designated by the Town Board hereafter to seize or take control of any dog found running at large or unrestrained contrary to the provisions of §34-4 and to impound said dog in a suitable place.
  • B. In the use of any weapon or device for dog control, including but not limited to, netting, trapping, snaring, tranquilization or firearm use (by a licensed official), the Dog Control Officer shall employ the most humane method possible under the circumstances.
  • C. The Dog Control Officer, seizing and impounding any dog, shall make a complete registry, entering therein the breed, color, sex and any distinguishing marks of such dog and whether licensed. If licensed, he shall enter the license number and the name and address of the owner.

§34-7. Effect of ownership by minor.
In the event that the owner shall be a minor under the age of sixteen (16) years, then the head of the household in which such minor resided shall be deemed to have the care, custody and control of said dog and shall be responsible for any acts in violation of this Article.

§34-8. Enforcement; right of entry.

  • A. This Article shall be enforced by the Dog Control Officer and any other town agent or employee designated by the Town Board hereafter. The Dog Control Officer shall have all the powers of a peace officer in enforcing the provisions of this Article and the provisions of Agriculture and Market Law.
  • B. The Dog Control Officer and any other town agent or employee designated by the Town Board hereafter are authorized to sign and issue any complaint, information, affidavit or notice in connection with the prosecution of any violation of this Article.
  • C. The Dog Control Officer and any other town agent or employee designated by the Town Board hereafter are authorized to enter upon any lands upon which a dog is kept or harbored and to require the display by the person owning or having charge or control of such dog of the license tag for such dog.
  • D. If an issued summons is disregarded by the person receiving it, the Town Justice may permit the filing of an information and issue a warrant for the arrest of such person.

§34-9. Penalty for offenses.*

  • A. Any person, firm or corporation violating any provision of this Article shall be guilty of an offense punishable as set forth in §119 of the Agriculture and Markets Law.
  • B. Any person, firm or corporation taking part in or assisting in any violation of this Article shall be subject to the penalties herein.
  • C. Each day that a violation of this Article is committed or is permitted to exist shall constitute a separate offense.
  • D. Penalties shall be in accordance with Agriculture and Markets Law and the schedule of penalties as adopted by the Newstead Town Board from time to time. Any person taking part or assisting in any violation of this article shall also be subject to the penalties herein. The prosecution of a violation of Section 34-4 shall be in lieu of a civil action pursuant to the New York State Agriculture and Markets Law Section 119.
  • E. If a dog seized under the provisions of Section 34 is not redeemed within the redemption time periods provided by the New York State Agriculture and Markets Law, the owner shall forfeit all title to such dog and the dog shall be sent to the SPCA, given for adoption, or destroyed by the peace officer or representative of the Commissioner of Agriculture and Markets, and pay any established fines. Anyone that picks up an at-large dog in the Town of Newstead must notify the Dog Control Officer of Newstead (or his Assistant) and surrender the dog upon request, before removing the dog from the town, subject to fine. Adoption Fees, which are set in the Fee Schedule of the Town of Newstead, include veterinarian bill, license fees, and maintenance fees of the dog. There shall be a fee for the euthanasia and disposal of a dog, which shall be in an amount equal to the cost incurred by the Dog Control Officer in providing this service.

*Amended at time of adoption: See Ch. 1, Gen. Prov. Art. I

§34-10. Liability of town officials.
No officer, agent or employee of the Town of Newstead shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this Article. Any suit brought against any officer, agent or employee of the Town of Newstead as the result of any act required or permitted in the discharge of his duties under this Article shall be defended by the Town Attorney until the final determination of the proceedings thereon.