Rules and Regulations
The following is taken from the Code of the Town of Rush; Chapter 28 Animals:
The purpose of this Chapter shall be to preserve the public peace and good order in the Town of Rush
and to contribute to the public welfare and good order of the residents of the Town of Rush by
enforcing certain regulations and restrictions on the activities of dogs that are consistent with
the rights and privileges of the owners of dogs and the rights and privileges of other residents of
the Town of Rush.
No person shall permit any dog to attack any person peaceably conducting himself or herself in any
place where such person may lawfully be. Any dog so attacking such person may then be considered a
dog of dangerous disposition.
No person shall keep or permit to be kept on the premises occupied by him or her any dog in the habit
of continually barking, howling or whining.
No person shall permit a female dog in heat to run at large.
No person shall keep or permit to be kept any dog in the habit of continually chasing or barking at
bicycles, cars or other moving vehicles.
No person shall keep or permit to be kept any dog which maims, attacks or kills any other dog, cat
or farm animal.
No person shall keep or permit to be kept any dog which destroys the property of another.
No person shall keep or permit to be kept any dog which commits a nuisance on public or private
property except with the consent of the owner of the property.
No person shall keep or permit to be kept any dog which continually runs at large with a pack of
other dogs and chases deer or other animals or people.
The Town of Rush shall appoint a Dog Control Officer, pursuant to the appropriate statutes of the
State of New York. It shall be the duty of such Dog Control Officer to enforce the appropriate
provisions of the Agriculture and Markets Law with respect to dogs in the Town of Rush and to
enforce this Chapter.
In the event that the Dog Control Officer seizes an unlicensed or untagged dog, pursuant to Section
114 of the Agriculture & Markets Law, and the owner is unknown, the Dog Control Office shall be
authorized to destroy the dog three days after impounding or to dispose of the dog by sale or
adoption unless the owner redeems the dog. The fact that a dog is without a license tag attached
to a collar shall be presumptive evidence that the dog is unlicensed.
In the event that the owner of the seized dog is identified and is permitted to redeem said dog,
a licenses and tag must be obtained from the Town Clerk prior to the release of such dog. If the
dog is to be redeemed, the owner shall also pay the Town Clerk a fee of $10.00 plus the charge
for the care of the dog while impounded. In the event of a repeat violation, the fee shall be
increased $5.00 for each additional redemption, together with the charge for the care of the dog
while impounded.
If an impounded dog is not redeemed within the time set forth, the owner shall forfeit title to
the dog and it may thereafter be sold or otherwise disposed of by the Dog Control Officer. In the
case of sale, the purchaser must pay the purchase price to the Town Clerk and obtain a license for
such dog.
In the event it becomes necessary to destroy a dog, the Dog Control Officer shall arrange through
a veterinarian for the destruction of the dog, cause the carcass to be disposed of and make a report
in writing to the Town Clerk of such destruction. The Town Clerk shall keep a record of any dogs
destroyed for one year. The Dog Control Officer shall also have the authority to place such dogs
with the Monroe County Humane Society.
The owner, possessor or harborer of any dogs destroyed under the provisions of this Chapter shall
not be entitled to any compensation for such dog and no action shall be maintainable thereafter
to recover the value of the dog.
Any person who observes any dog committing a nuisance under any of the sections of this Chapter
may file a signed complaint, under oath, with a Town Justice of the Town of Rush. Such complaint
shall specify the objectionable conduct of the dog, the date thereof, the damage caused, if any,
a description of the dog and the name and address of the owner or other person keeping the dog,
if known.
Upon receipt by the Town Justice of any complaint against the conduct of any particular dog,
the Town Justice any summon the alleged owner or other person keeping said dog to appear in person
before him or her. If the summons is disregarded, the Town Justice may permit the filing of an
information and issue a warrant for the arrest of such person. The Town Justice shall hold a
hearing an the alleged violation of this Chapter. If, after inquiry into and investigation of the
charge, the Town Justice is satisfied that the dog’s conduct was offensive in violation of this
Chapter, the Town Justice may order the owner or other person keeping said dog to confine the dog
to the premises of the owner for a period of time in his discretion, subject to seizure of the dog
by the Dog Control Officer for failure to so confine. The Town Justice may also order such other
actions, including payment of fines, as in his or her discretion may be deemed appropriate.
