TOWN OF HURON
DOG CONTROL LAW
Local Law No. 1 of 1991,
as amended by Local Law No. 1 of 2001 and Local Law No. 2 of 2005
A law to restrict and regulate
dogs and dog owners.
1. Short Title. This law shall be known and shall be cited and referenced as the "Town of Huron Dog Control Law."
2. Purpose and Intent. The purpose and intent of this law shall be to protect the health, safety and well-being of persons and property by imposing restrictions and regulations upon the keeping of dogs and the running of large of dogs, and by authorizing seizure of dogs within the Town.
3. Authority. This law is enacted pursuant to the provisions of Section 124 of Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law.
4. Definitions.
A. "Owner" means any person who harbors or keeps any dog.
B. "Harbor" means to provide food or shelter to any dog.
C. "At Large" means any dog that is unleashed and on public property or is on private property without the consent of the owner or lessee. No dog shall be deemed to be at large if it is: (1) accompanied by and under the immediate supervision and control of the owner or other responsible person; (2) a police work dog in use for police work; or (3) accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land.
D. "Town" means the Town of Huron.
5. Restrictions. No owner of a dog or any other person harboring a dog within the Town shall permit or allow such dogs to:
A. Be at large.
B. Engage in such howling, barking, crying or whining as to annoy a reasonable person, and which does annoy another person.
C. Cause damage or destruction to property of another without such person's consent or commit a nuisance by defecating or urinating upon the property or person, other than the owner of such dog, without such person's consent.
D. Chase or otherwise harass any person, in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
E. Habitually chase, run along side of or bark at motor vehicles or bicycles, lawfully using a highway or other public places.
6. Enforcement. This law shall be enforced by the Town of Huron Dog Control Officer, who shall be appointed by the Town Board, and such Deputy Dog Control Officers as the Town Board may choose to appoint, who shall all serve at the pleasure of the Town Board, and who shall be empowered as prescribed by New York State Agriculture and Markets Law Section 114. This law may also be enforced by any police officer.
7. Seizure, Impoundment, Redemption and Adoption.
A. Any dog found in violation of the provisions of Section 5 of this Local Law may be seized pursuant to the provisions of Section 118 of the Agriculture and Markets Law.
B. Every dog seized shall be properly cared for, sheltered, fed and watered for the redemption periods, set forth in Section 118 of the Agriculture and Markets Law.
C. Seized dogs may be redeemed by producing proof of licensing and identification pursuant to the provisions of Article 7 of the Agriculture and Markets Law by paying the following impoundment fees set forth in Section 118 of the Agriculture and Markets Law:
(1) twenty-five($25.00) dollars for the first impoundment of any dog owned by that person;
(2) fifty ($50.00) dollars for the first twenty-four hours or part thereof and three ($3.00) dollars for each additional twenty-four hours of part thereof for the second impoundment, within one year of the first impoundment, of any dog owned by that person; or
(3) one hundred ($100.00) dollars for the first twenty-four hours or part thereof and three dollars for each additional twenty-four hours or part thereof for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.
D. If the owner of any such redeemed dog is known, such owner shall be required to pay the impoundment fees set forth in subdivision (C) of this section whether or not such owner chooses to redeem his dog.
E. Any dog unredeemed at the expiration of the approximate redemption period shall be made available for adoption or euthanized pursuant to the provisions of Section 118 of the Agriculture and Markets Law.
8. Complaint. Except as otherwise provided in this law, any person who observes a dog in violation of this law may file a complaint under oath with the Town Dog Control Officer specifying the nature of the violation, date of the violation, description of the dog and the name of the residents, if known, or the owner of the dog. The Dog Control Officer shall then determine whether to proceed with enforcement of this law.
9. Violations. Any violation of this law may be prosecuted either as a violation, as defined by the New York Penal Law, or as a civil offense. Such violation shall be punishable as follows:
A. Where prosecuted as a violation, by a fine of not more than twenty-five dollars, except that (i) where the person was found to have violated this law or Article 7 of the New York Agriculture and Markets Law in the preceding five years, the civil penalty shall not be more than fifty dollars, and (ii) where the person was found to have committed two or more such violations within the preceding five years, the civil penalty shall not be more than one hundred dollars.
B. Where prosecuted as a civil offense, by a civil penalty of not more than one hundred dollars, except that (i) when the person was found to have violated this law or Article Seven of the New York Agriculture and Markets Law in the preceding five years, the civil penalty shall be not more than fifty dollars, and (ii) where the person was found to have committed two or more such violations within the preceding five years, the civil penalty shall be not more than one hundred dollars.
10. License Fees. For each dog license issued by the Town of Huron, pursuant to Section 109 of the New York Agriculture and Markets Law, an annual fee shall be paid to the Town Clerk in the following amounts:
A. Five dollars ($5.00) for each spayed or neutered dog, in addition to the fee specified in Section 110(1)(a) of the New York Agriculture and Markets Law.
B. Five dollars ($5.00) for each unspayed or unneutered dog, which shall be in addition to the fees specified in Section 110(1)(b) and 110(4)(c) of the New York Agriculture and Markets Law.
C. Twenty-five dollars ($25.00) for each purebred license, in addition to those fees specified in Sections 110(2) and 110(4)(c) of the New York Agriculture and Markets Law.
11. Severability. If any provision of this law is determined to be unconstitutional or invalid, the validity and enforceability of the remainder shall not be affected.
12. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State.
