Town Clerk

Statement of Authority. The Town Board of the Town of Pinckney pursuant to the authority granted under Article 7 of the Agriculture and Markets Law and Sections 10 and 20 of the Municipal Home Rule Law hereby enacts as follows:

Statement of Purpose and Findings. The Town Board of the Town of Pinckney hereby finds that in view of new State Laws imposing increased responsibility on the Town for the licensing of dogs and dog control that it is necessary to have a global revision of all prior regulations of the Town with respect to licensing of dogs and dog control. It is the purpose of this law to adopt comprehensive regulations for the licensing of dogs and dog control issues within the Town.

Enactment. The Town Board of the Town of Pinckney hereby enacts as follows:

Section 1. Title: the title of this Law shall be the Dog Control Law of the Town of Pinckney.

Section 2. 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 a person to whom a dog is licensed. If a dog is not licensed, the term owner shall designate and cover any adult person(s), 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.

(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 Pinckney.

Section 3. 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(s) hunting in the company of a hunter(s) 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 a property owner, or other person having control of such property.

(d) Chase, jump upon or otherwise harass any person in such 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, motorcycles 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, be off the owner’s premises, unrestrained by a leash.

Section 4. Licensing of Dogs:

(a) All dogs in the Town of Pinckney unless otherwise exempted, must be licensed with the Town Clerk by the age of 4 months, have license tags, and are required to present a current Certificate of Rabies at the time of licensing or the renewal of an existing license. Dogs of any age which are held at a shelter, pursuant to a contract or agreement with any County, City, Town or Village, or duly incorporated society for the prevention of cruelty to animals, humane society or dog protective association do not have to be licensed.

(b) Any dog harbored within the Town of Pinckney which is owned by a resident of New York City or licensed by the City of New York, or which is owned by a non-resident of New York State and licensed by a jurisdiction outside the State of New York, shall for a period of thirty (30) days be exempt from the licensing and identification provisions of this local law.

(c) All dog licenses shall be for  a period of one (1) year and will expire at the end of the month one (1) year from the date of issue. Municipal identification tags will be issued by the Town Clerk.

(d) Fees for Licensing Dogs: The fee for a spayed or neutered dog will be $10.00, (which includes the assessment of a $1.00 surcharge for the purpose of carrying out animal population control) and the fee for an un-spayed or un-neutered dog will be $20.00, (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 periodically and which may be changed by a resolution of the Town Board, if deemed necessary.

(e) Enumeration Fee: When the Town Board determines the need for a dog enumeration, a fee of $5.00 will be assessed to all dogs found unlicensed, or upon license renewal, at the time the enumeration is conducted.

(f) Purebred License: The Town of Pinckney will not be issuing Purebred or Kennel Licenses. All dogs will be licensed individually as per fee system stated above.

(g) Service Dogs: The Town of Pinckney will not require a license for any guide dog, service dog, hearing dog, detection dog, search dog, working dog or therapy dog.

(h) The Town of Pinckney does not authorize the licensing of dogs by a shelter except as specified herein. The shelter MUST send the adoptive dog owners to the Town Clerk of the Town of Pinckney if that is where the dog will be licensed.

(i) All dog licenses and municipal identification tags 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.

(j) All fees will be used in funding the administration of the Dog Control Law ofthe Town of Pinckney.

(k) Fees for Seizure of Dogs: The fee for seizure and impoundment of dogs in violation of this law or the Laws of the New York State Department 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.

(1) The owner of any dog impounded by the Town of Pinckney shall be ~ entitled to redeem that dog within ten (10) business days of dog impoundment; excluding the day the dog is impounded, provided that the owner produces proof the dog is licensed, tagged, and pays a fee of $25.00 for the first impoundment plus $3.00 per day of impoundment; $35.00 for the second impoundment plus $3.00 per day of impoundment; $50.00 for a third and each subsequent impoundment plus $3.00 per day of impoundment.

Section 5. 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 which is not on the owner’s premises; and

(3) Any dog found in violation of paragraphs (a)-(g) of Section 3 of this Local Law.

(4) Such seized dog shall be kept and disposed of in accordance with the provisions of Article 7 of Agriculture and Markets Law.

(b) The Dog Control Officer or peace officer observing a violation of this Law in his or her presence shall issue and serve an appearance ticket for such violation.

(c) 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 Pinckney specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner of such dog. Such complaint may serve as a basis for enforcing the provisions of this Local Law.

Section 6. Penalties:

(a) For a first violation a fine of no less than $25.00 nor more than $100.00.

(b) For a second offense within a one (1) year period, a fine of no less than $50.00 nor more than $150.00.

(c) For a third or subsequent offense within a one (1) year period, a fine of no less than $75.00 nor more than $200.00.

Repealer. This Local Law shall repeal and supersede all prior Local Laws, Ordinances, Rules and Regulations relative to the control of dogs within the Town of Pinckney.

Severability. If any part of this Chapter shall be found to be void, voidable, or unenforceable for any reason whatsoever, it shall not affect the validity or enforceability of any remaining section or provision of this Chapter. 2011.

Effective Date. This Local Law shall take effect upon January 1, 2011