Local Law #3 of 2015
Town of Vienna Town Law
Dog Control
Amendment of Local Law #4 of 2010
Link to the PDF File of this Law
Section 1 Purpose. The Town of Vienna, New York finds that the running at large and
other uncontrolled behavior of dogs has the potential to cause or has caused physical
harm to persons, damage to property and created nuisances within the Town. The
purpose of this Law is to protect the health, safety and well-being of persons and property
by imposing restrictions and regulations upon the keeping or running at large of dogs and
the seizure thereof within the Town.
Section 2 Authority. This Local Law is enacted pursuant to the provisions of section
124 of Article 7 of the Agriculture and Markets Law.
Section 3 Title. The title of this Local Law shall be Town of Vienna Local Law Dog
Control of 2015.
Section 4 Definitions.
(a) “Owner” means any person who harbors or keeps any dog. In the event any
dog found in violation of this Law shall be owned by a person less than
eighteen years of age, the owner shall be deemed to be the parent or guardian
of such person (or the head of household in which the person resides).
(b) “Harbor” means to provide food or shelter to any dog.
(c) “At Large” means any dog that is unleashed and 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) accompanied by and under immediate
supervision and control of the owner or other responsible person; (b) a police
work dog in use for police work; (c) 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) “Control” subject to the will and commands of the owner, guardian, and/or
agent responsible for the dog.
(e) “Dangerous Dog” A dog that harasses, chases, molests, bites, shows
aggression towards, or constitutes a physical threat toward a human being
while not on the property of its owner or guardian.
(f) “Dog Control Officer” The person or persons appointed by the Town Board of
the Town of Vienna, Oneida County for the purpose of enforcing this dog
Law.
(g) “Shelter” A place that the Town has a contract with to bring the dogs after the
dog control officer has done everything he/she can to get the dog back with its
owner. For example the humane society. A place that can provide a roof,
water, food, sufficient heat and will either maintain, redeem, sell, adopt or
euthanize the dog.
Section 5 Restrictions. It shall be unlawful for any owner of any dog to permit or allow
such dog, in the Town of Vienna to;
(a) be unlicensed;
(b) be at large;
(c) engage in habitual loud howling, barking, crying or whining or to conduct
itself in such a manner so as to unreasonably and habitually annoy any person;
(d) cause damage or destruction to property, or commit a nuisance by defecating
or urinating upon the premises of a person, other than the owner of such dog;
(e) chase or otherwise harass any person in reasonable apprehension of bodily
harm or injury; or
(f) Chase, run alongside of or bark at motor vehicles and/or bicycles.
Section 6 Enforcement. This local law shall be enforced by any dog control officer in
the employ or under contract with the Town of Vienna, and any peace officer, member of
the sheriffs Department or State Police.
Section 7 DOG CONTROL OFFICER / SHELTER
(A) The Town Board of the Town of Vienna shall appoint the Dog Control Officer, who shall have the duty
of enforcing this Law in addition to Article 7 of the Agriculture and Markets Law. Any Peace Officer,
member of the sheriff’s or state police department may enforce this local law.
(B) Every dog seized by the Dog Control Officer that has not been returned to its owner upon proof of NYS
license, rabies vaccinations, and payment of the required fines after five days excluding the day of pick
up shall be transported to a contracted shelter.
(C) The contracted shelter must maintain, redeem, sell, adopt, and/or euthanize all dogs
Section 8 Seizure, Impoundment, Redemption
(a)Any dog found in violation of the provisions of section 5 of this Law may be
seized pursuant section 117 of the Agriculture and Markets Law.
(b) Every dog seized shall be properly cared for; sheltered, fed and watered.
(c) The owner of any dog impounded/Seized by the Town of Vienna dog control
officer shall be entitled to redeem that dog within five (5) business days,
excluding the day the dog is impounded, from the day the dog is
impounded, provided that the owner produces proof the dog is licensed and
identified and pays a fee of Twenty five dollars ($25) for the first
impoundment and a fee of Three dollars ($3) for each additional twenty-four hour
period; a fee of Fifty dollars ($50) for the second impoundment and a
fee of Three dollars ($3) for each additional twenty-four hour period; a fee of Seventy
Five dollars ($75) for a third and each subsequent impoundment and a fee of Three
dollars ($3) for each additional twenty-four hour period.
Section 9 Complaint. Any person, who observes a dog in violation of any acts prohibited by this
Ordinance, may file a signed complaint with the authorized Dog Control Officer. The complaint must
specify the objectionable conduct of the dog, the date thereof, the damage caused or the acts constituting
violation of this law, and including the place or places where such conduct occurred and the name and
residence, if known, of the owner or other person harboring such dog. For dangerous dogs the complainant
shall use forms as provided by New York State Agriculture and Markets Law.
Section 10 Appearance Ticket.
(a) Any dog officer whom observes a violation of this Law in his presence shall
issue and serve an appearance ticket for such violation.
(b) Any dog control officer who has reasonable cause to believe that a person has
violated this law, shall issue and serve upon such person an appearance ticket
for such violation.
Section 11 Penalties.
Violations of this Law shall be deemed an offense and a violation thereof shall be punished by a fine of
not less than Twenty-Five Dollars ($25.00) or more than two hundred and Fifty Dollars ($250.00) or
by imprisonment of not exceeding thirty (30) days or by both such fine and imprisonment, and a
subsequent failure to pay the fines as set forth in Section 8 (NYS Agricultures & Markets Law) shall
be deemed an offense and such violation thereof shall be punishable by a fine of not less than Fifty
Dollars ($50.00) or more than Five Hundred Dollars ($500.00) or by imprisonment of not exceeding
thirty (30) days or by both such fine and imprisonment.
Section 12 Dog Licenses, Fees established
A. All dogs residing in the Town of Vienna must be licensed with the Vienna Town
Clerk by the age of four (4) months and the dog owner is required to present a
current Certificate of Rabies Vaccination at the time of licensing and/or the
renewal of an existing license.
B. All dog Licenses shall be for a period of one (1) year. Renewals will stay as they
are currently done on a 12 month a year basis. It is the sole responsibility of the
owner to make sure he/she sends into the Town Clerks office, updated rabies
information if it changes before the license expires. You will still license a new
dog at the age of four (4) months no matter what month of the year it is when they
become of age or you adopt them.
C. With notification and proof of a scheduled appointment (within a two (2) month
period) for spay or neutering to the Town Clerk, the clerk then can allow the
licensing process to be held off till the procedure is done.
D. Dogs moving into the Town of Vienna from another NYS Township will
continued to be licensed for the duration of the existing license by going to the
Town Clerks office with proof of licensing from Prior Township and receiving a
new tag from the Vienna Town Clerk.
E. Fees for Licensing Dogs (effective January 1, 2011)
1) For each Spayed or Neutered dog $8.50, which includes the
assessment of a statutory One Dollar ($1) surcharge for the purpose of
carrying out animal population control
2) For each unspayed, unneutered dog $21.50, which includes the
assessment of a statutory Three Dollar ($3) surcharge for the purpose
of carrying out animal population control
3) Replacement ID Tags at no charge if done at time of renewal.
4) Enumeration Fee- when the town board determines the need for a dog
enumeration, a fee of Twenty-five Dollars ($25) shall be assessed, in
addition to the dog license fees, to all dogs found to be unlicensed or
not renewed with in 6 months at the time the enumeration is
conducted.
5) Purebred Licenses will be 1-10 dogs Thirty-five Dollars ($35) plus Six
Dollars ($6) per dog, 11-25 dogs Seventy-five Dollars ($75) plus Six
Dollars ($6) per dog, 26 or more dogs One Hundred Fifty Dollars
($150) plus Six Dollars ($6) per dog which includes the assessment of
a Statutory three dollar ($3) surcharge for the purpose of carrying out
animal population control.
6) Service Dogs: Service dogs, including guide dog, service dog, hearing
dog or detection dog shall be licensed but shall be exempt from a dog
license fee; the dog owner shall provide proper certification of the
dog’s status to be exempt from such fees.
7) The fees set forth in paragraph C shall be reviewed by the Town Board
periodically and may be changed by a resolution of the Town Board, if
deemed necessary.
8) The Town of Vienna does not allow the licensing of dogs by a shelter.
The shelter must send the adoptive dog owners to the Vienna Town
Clerk’s Office for the purchase of the license for adoption purposes.
9) All dog licenses may be purchased by visiting the Vienna Town
Clerk’s Office during regular business hours; Renewals may be sent in
by regular mail or brought in personally to the Town Clerk’s Office. If
mailing a renewal license, the appropriate fee and proper certification
must accompany the appropriate forms.
Section 13 Protection of deer. During the months of December through March all dogs
shall be confined. This is to protect the deer from being harmed.
1) Any dog that is found not confined as required by this law shall be
seized.
2) Any dog found not confined as required by such Law, shall attack,
chase or worry any deer, any dog control officer, peace officer, or
police officer acting pursuant to his special duties shall seize such dog.
If the same dog shall have a second offence the dog shall be seized and
can at the discretion of the officer be destroyed if he/she feels it
necessary and no liability in damage or otherwise shall be incurred on
account of such destruction.
3) If any dog shall kill or cripple any deer, the owner shall be subject to a
civil penalty in the amount of one hundred dollars ($100) for the first
deer killed or crippled by the dog or pack of dogs, if any, of which the
dog was a member, and in the amount of one hundred fifty dollars
($150) for each additional deer killed or crippled.
4) This section and any order issued pursuant thereto shall not apply to
dogs in special dog training areas or any hunting dogs that are under
supervision of their owner and or trainer on private land or public
lands.
Section 14 Non-Liability of the Town. The guardian of any dog destroyed as a result of
being released to a dog shelter or to an authorized veterinary shall not be entitled to any
compensation, and no action shall be allowed thereafter to recover the value of such
dog or any other type of damage.
Section 15 Dangerous Dog. The Town of Vienna reserves the right to deny licensing of
any dog that has been banned from another Town, City, Village, or State due to a
dangerous dog case.
Section 16 Separability. Each separate provision of this Local Law shall be deemed
independent of all other provisions herein and, if any provision is adjudged invalid by
any court of competent jurisdiction, all other provisions herein shall remain valid and
enforceable.
Section 17 Repealer. This law shall supersede all prior local laws, ordinances, rules and
regulations relative to the control of dogs within the Town of Vienna and they shall be,
upon the effective date of this Law, null and void.
Section 18 Effective Date. This Law shall take effect immediately upon its filing in the
office of the Secretary of State in accordance with Section 27 of the Municipal Home
Rule Law.
Dangerous Dog Complaint
Town Of Vienna
To ________________________ Justice or Judge
To ________________________ Dog Control Officer
City Town/Village of ____________________County of _________________N.Y
___________________________________________comes and makes complaint
(Complainant’s Name and Address)
Under the provisions of Section 123 of the Agriculture and Markets Law that a dog owned
by_______________________________________________________________
(Owner’s Name and Address)
Of said city, town, village is a dangerous dog in that said dog did at said town on the _______day of
________________,20___,
attack*________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
* Fill in the particular act and complaint. Give Dog License Number
Wherefore the complaint asks that said dog be dealt with as provided in section 123 of the Agriculture and
Markets Law of the State of New York and Local Law 2010 Dog Law of the Town of Vienna.
Verification by subscription and Notice under Penal Law Section 210.45
It is a crime, punishable as a class A Misdemeanor under the laws of the State of New York, for a person, in and by a
written instrument, to knowingly make a false statement, or to make a statement which such person does not believe to
be true.
Affirmed under penalty of perjury this
Dated at _________________, N.Y. _____ Day of ___________, 20___
This____ day of ___________, 20___ ______________________________
(Complainant Signature)
If complaint is made to a dog control officer, such officer shall immediately inform the
complainant of his right to commence a proceeding as provided in section 123 of the Agriculture and
Markets Law and, if there is a reason to believe the dog is a dangerous dog, the officer shall forthwith
commence such proceeding himself by completing the following:
To: __________________ Justice or Judge of the ___________________________ of
____________________County of ________________________________, N.Y.
I, ______________________Dog control Officer of the city/town/village of ___________________County
of ________________________, N.Y. based on the foregoing affirmed complaint of
___________________________conclude there is reason to believe the aforesaid dog owned by the above
named dog owner is a dangerous dog and ask that said dog be dealt with as provided in the Town of Vienna
2010 Dog Law.
Affirmed under penalty of perjury this
______ Day of ______________, 20 ___
______________________________
(Signature of Dog Control Officer)
Exempt Dog Training/Certification Affidavit
Type of Dog
__ Guide Dog __ War Dog __Hearing Dog
__Detection Dog __Service Dog __Police Work Dog
__Working Search Dog __Therapy Dog
Certification of Training/Testing
Type of proof Provided:
__ Honorable Discharge Papers for War Dog
__ Training Certificate for Guide, Hearing, Service, Detection, Working Search, Therapy
__ Dog is trained and actively used for such purpose by owner- A THIRD PARTY
VERIFICATION HAS BEEN PROVIDED
I hereby affirm under penalty of perjury that the information provided on this form is true
to the best of my knowledge and belief. False statements made herein are punishable
pursuant to section 210.45 of the Penal Law.
__________________ _______________________________
(Date) (Owners Signature)
PET SURRENDER FORM
Date: _________________________
I, ________________________, who resides at _________________________, hereby
surrender my pet to the Town of Vienna Animal Control Officer, Clayton J Conover III.
My current telephone number is ______________________.
The animal is described as a: Male Female
Breed: __________________ Color: __________________________________
The animal’s name is: _____________________ and approximate age is _______.
Surrendering Owner’s Name (print): ________________________________________
Surrendering Owner’s Signature: __________________________________________
The animal has been or will be quarantined for a period of ten days.
The animal has been or will be euthanized.
There is a one time charge of one hundred sixty dollar ($160.00) to surrender a dog. This
will cover the charges that would accrue if the town has to take the dog to the shelter.
This can be paid by cash or check; the check should be made out to the Vienna Town
Clerk. After paying the clerk you will bring your receipt to the Animal Control Officer
and he will take the dog.
Animal Control Officer’s Signature: _______________________________________
Please provide all veterinary records or any information that will be useful to us.
ORDER TO SEIZE A DOG
State of New York, County of Oneida
Town of Vienna
The _______________________ against _____________________________
Defendant____________________________ Court of the City, Town, Village of
__________________ County of ________________________, NY
To _______________________________Dog control/peace officer city, town, village of
________________________________County of ___________________________, NY.
Complaint having been made that the above named defendant
__ Harbors a dog within the meaning of The Town of Vienna Dog Law
__ Failed to destroy and securely confine a dog which has been deemed to be dangerous
within the meaning of the Town of Vienna Dog Law.
__ Other: _____________________ within the meaning of _______________said dog is
a, ____________________ age _____, sex ____, known as _____________ ID No.
_____________ and harbored at _____________________________________, NY.
Now therefore, pursuant to the authority found in The Town of Vienna Dog Law and
NYS Agriculture and Markets Law you are hereby ordered to seize the said dog so
harbored by the said _______________________ defendant, and hold, care for or dispose
of said dog pursuant of the Town Law.
City, Town, Village of _________________, Judge or Justice ___________________
Dated __________________, 20____
Motion By: __Councilman Lamb___
Seconded By: ___Councilwoman Whitham ___
Motion Carried.
Voting Record:
Supervisor Walter Keeney Aye
Councilwoman Whitham Aye
Councilwoman Hopkins Aye
Councilman Jason Lamb Aye
Councilman William Graham Aye
Dated: July 1, 2015
Donna M Clark, Town Clerk
(SEAL)

Link to the PDF File of this Law