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HomeMy WebLinkAboutLL 1984 #1 Dog Control Law T inp/D, OWN OF DANDY LOCAL LAW NO. 1 OF THE YEAR 1984 A LOCAL LAW REGULATING AND CONTROLLING THE ACTIVITIES OF DOGS IN THE TOWN OF DANBY, TO BE KNOWN AS THE "DOG CONTROL LAW" AND SUPERSEDES LOCAL LAW NUMBER [ OF THE YEAR 1976. Be it enacted by the Town Board of the Town of Danby as follows : SECTION 1 PURPOSE: The purpose of this law is to promote the public health , safety, and welfare of the community, including the protection and preservation of the property of residents of the Town and its inhabitants , and of the peace and good order therein by regulating and controlling activities of dogs within the Town of Danby and providing for enforcement thereof. SECTION 2 PROHIBITED ACTS. Any owner of a dog or any other person who harbors or is custodian of any dog in the Town of Danby shall be in violation of this law if such dog: A. Is not restrained by an adequate collar and leash when not on the property of the owner or any other person harboring or having custody or control of the dog, or is not accompanied by and in the actual control of its owner or any other person harboring or having custody of the dog. D. Engages in such habitual or continued 'barking, howling or whining so as to cause a person's rest to be broken, his sleep to be interrupted or the reasonable use or enjoyment of his home or property to be otherwise interferred with , disturbed or diminished or that causes a person to otherwise harrassed, annoyed or disturbed. C. Causes damage or destruction to property, or defecates , urinates , or otherwise commits a nuisance other than on the premises of the person owning or harboring such dog. D. When not on the premises of the person owning or harboring such dog, chases or otherwise harrasses any person in such a manner as reasonable apprehension of bodily harm or injury. E. Except when it is on the premises of the owner, or other person harboring or having custody of the dog, where it is usually harbored, chases , barks at, leaps on, or otherwise attacks any ( i ) bicycle, motorcycle, motorwagon, carriage, or any other vehicle or device used by persons for travel or as a conveyance, or any riders or occupants thereof, or ( ii ) horse , including any rider thereon, or other—animal . F. Is unlicensed when six months of age or older. G. Is not wearing a current valid New York State dog license identification tag while at large, whether or not restrained by an adequate collar and leash . H. Is not redeemed after notice of seizure is given to the owner within (7) seven days of such seizure. SECTION 3 ENFORCEMENT. The dog control officer of the Town of Danby, or any other person or persons who are or may be lawfully authorized by the Town shall , and all peace officers may, administer and enforce the provisions of this law, and for such purpose shall have the authority to issue appearance tickets and/or, when authorized by law, to seize dogs , either on or off the premises of the owner or person harboring such dog, if witnessed by any of the aforesaid persons or officers to be in violation of this law. SECTION 4 FILING OF COMPLAINTS. Any person who observes a,dog in violation of any acts prohibited by this law may file a signed complaint, under oath, with a Town Justice of the Town of Danby, or with the authorized dog control officer, or with any peace officer, specifying 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. Upon receipt of such a complaint, the authorized dog control officer or peace officer receiving such complaint shall transmit - same to the Town Justice. • Upon receipt by the Town Justice of such a complaint against the conduct of or acts by any particular dog, or the owner thereof or other person harboring such dog, the Town Justice may issue a written summons directing the alleged owner or other person harboring said dog to appear in person before him; if such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed. - r : SECTION 5 MINOR OWNER: RESPONSIBILITY OF HEAD OF HOUSEHOLD: If any dog in violation of this law is owned by a person under 18 years of age, the head of the household in which said person resides shall be deemed to be the owner or person harboring such dog and shall be responsible for the acts of said dog for purposes of this law. SECTION 6 PRESUMPTION: The fact that the dog is in violation of any of the provisions of this law shall be presumptive evidence that the dog has been permitted to be in violation with the knowledge of the owner or person harboring the dog. SECTION 7 PUBLIC COOPERATION. No person shall intentionally hinder, resist, or oppose the authorized dog control officer, peace officer, or other person authorized to administer or enforce the provisions of this law in the performance of his duties under this law. SECTION 8 PENALTIES: (1 ) A violation of this law shall constitute a violation as the same as defined in the Penal Law of the State of New York, and shall be punishable by a penalty of not more than $25.00 for the first violation, Oot more than $50.00 for the second violation, and not more than $75.00 for the third and all subsequent violations or by imprisonment for a term not to exceed five days for each violation. These penalties shall be in addition to any other penalties provided by law. (2) Redemption fees : or other fees, charged as a result of the seizure or impounding of any dog shall not be deemed a part of the penalties set forth above. g SECTION 9 FEES. State mandatory minimum fees apply for spayed and unspayed dogs. Adoption fees. Any dog not redeemed within seven (7) days after seizure, with notice of such seizure having been promptly given to the owner, if such notice is possible, will be available for adoption for a fee of $10.00. SECTION 10 REPEAL. Local Law Number 1 of the year 1976 is hereby superseded effective on the effective date of this local law. SECTION 11 ' VALIDITY. If any section, paragraph, subdivision, clause, phrase, or provision of this law shall be judged invalid or held unconstitutional , it shall not affect the validity of this law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional . SECTION 12 EFFECTIVE DATE. This law shall take effect immediately. Adopted by Town Board: September 10, 1984 ' tnr/r,_ /2t,t04 Town Cler 7, TOWN OF DANDY LOCAL LAW NO. .1 OF THE YEAR 1984 A LOCAL LAW REGULATING AND CONTROLLING THE ACTIVITIES OF DOGS IN THE TOWN OF DANDY, TO BE KNOWN AS THE "DOG CONTROL LAW" AND SUPERSEDES LOCAL LAW NUMBER OF THE YEAR 1976. Be it enacted by the Town Board of the Town of Danby as follows: SECTION 1 PURPOSE: The purpose of this law is to promote the public health , safety, and welfare of the community, including the protection and preservation of the property of residents of the Town and its inhabitants , and of the peace and good order therein by regulating and controllin act' 9 9 g activities of dogs within the Town of Danby and providing for enforcement thereof. SECTION 2 PROHIBITED ACTS. Any owner of a dog or any other person who harbors or is custodian of any dog in the Town of Danby shall be in violation of this law if such dog: A. Is not restrained by an adequate collar and leash when not on the property of the owner or any other person harboring or having custody or control of the dog, or is not accompanied by and in the actual control of its owner or any other person harboring or having custody of the dog. B. Engages in such habitual or continued 'barking, howling or whining so as to cause a person's rest to be broken, his sleep to be interrupted or the reasonable use or enjoyment of his home or property to be otherwise interferred with, disturbed or diminished or that causes a person to otherwise harrassed, annoyed or disturbed. C. Causes damage or destruction to property, or defecates , urinates, or otherwise commits a nuisance other than on the premises of the person owning or harboring such dog. D. When not on the premises of the person owning or harboring such dog, chases or otherwise harrasses any person in such a manner as reasonable apprehension of bodily harm or injury. E. Except when it is on the premises of the owner, or other person harboring or having custody of the dog, where it is usually harbored, chases, barks at, leaps on, or otherwise attacks any ( i ) bicycle, motorcycle, motorwagon, carriage, or any other vehicle or device used by persons for travel or as a conveyance, or any riders or occupants thereof, or ( ii ) horse, including any rider thereon, or other animal . F. Is unlicensed when six months of age or older. G. Is not wearing a current valid New York State dog license identification tag while at large, whether or not restrained by an adequate collar and leash: H. Is not redeemed after notice of seizure is given to the owner within (7) seven days of such seizure. SECTION 3 ENFORCEMENT. The dog control officer of the Town of Danby, or any other person or persons who are or may be lawfully authorized by the Town shall , and all peace officers may, administer and enforce the provisions of this law, and for such purpose shall have the authority to issue appearance tickets and/or, when authorized by law, to seize dogs , either on or off the premises of the owner or person harboring such dog, if witnessed by any of the aforesaid persons or officers to be in violation of this law. SECTION 4 FILING OF COMPLAINTS. Any person who observes a,dog in violation of any acts prohibited by this law may file a signed complaint, under oath, with a Town Justice of the Town of Danby, or with the • authorized dog control officer, or with any peace officer, specifying 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. Upon receipt of such a complaint, the authorized dog control officer or 'peace officer receiving such complaint shall transmit same to the Town Justice. • Upon receipt by the Town Justice of such a complaint against the conduct of or acts by any particular dog, or the owner thereof or other person harboring such dog, the Town Justice may issue a written summons directing the alleged owner or other person harboring said dog to appear in person before him; if such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed. • • SECTION 5 MINOR OWNER: RESPONSIBILITY OF HEAD OF HOUSEHOLD: If any dog in violation of this law is owned by a person under 18 years of age, the head of the household in which said person resides shall be deemed to be the owner or person harboring such dog and shall be responsible for the acts of said dog for purposes of this law. SECTION 6 PRESUMPTION: The fact that the dog is in violation of any of the provisions of this law shall be presumptive evidence that the dog has been permitted to be in violation with the knowledge of the owner or person harboring the dog. SECTION 7 PUBLIC COOPERATION, No person shall intentionally hinder, resist, or oppose the authorized dog control officer, peace officer, or other person authorized to administer or enforce the provisions of this law in the performance of his duties under this law. SECTION 8 PENALTIES: (1 ) A violation of this law shall constitute a violation as the same as defined in the Penal Law of the State of New York, and shall be punishable by a penalty of not more than $25.00 for the first violation, not more than $50.00 for the second violation, and not more than $75.00 for the third and all subsequent violations or by imprisonment for a term not to exceed five days for each violation. These penalties shall be in addition to any other penalties provided by law. (2) Redemption fees: or other fees, charged as a result of the seizure or impounding of any dog shall not be deemed a part of the penalties set forth above. SECTION 9 FEES. State mandatory minimum fees apply for spayed and unspayed dogs. Adoption fees. Any dog not redeemed within seven (7) days after seizure, with notice of such seizure having been promptly given to the owner, if such notice is possible, will be available for adoption for a fee of $10.00. SECTION 10 REPEAL. Local Law Number 1 of the year 1976 is hereby superseded effective on the effective date of this local law. r SECTION 11 VALIDITY. If any section, paragraph, subdivision, clause, phrase, or provision of this law shall be judged invalid or held unconstitutional , it shall not affect the validity of this law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional . SECTION 12 EFFECTIVE DATE. This law shall take effect immediately. Adopted by Town Board: September 10, 1984 r nrcc i--,Ct r- 0 'Town Cle i • Date: =iilt° OCtoberi:9,;:`,x:984 Dear Sir/Madam: Please be advised that Local Law(s)No. 1 of 1984 of the Town of Danby was/were received and filed on 10/12/84 Additional forms for filing local laws with this office will be forwarded upon request. NYS Department of State Bureau of State Records 383602-004(12/82) NYS Department of State BUreau of State Records — w BA 162 Washington Avenue -1 /-141.S.POSfiAiitS: Albany, NY 12231 NOV-2'84 '3" 7? A 3 „c 30,255.1 „ . - - Linda Fetherbay Town Clerk 1830 Danby Road Ithaca, N.Y. 14850 (Please Use this Form for Filing your Local Law with the Secretary of State) • Text of law should be given as,amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County Danby of cfflla ge Local Law No. 1 of the year 19 84 REGULATING AND CONTROLLING THE ACTIVITIES OF DOGS IN THE A local law (lnaert two TOWN OF DANBY , TO BE KNOWN AS THE "DOG CONTROL LAW" AND SUPERSEDES LOCAL LAW NUMBER 1 OF THE YEAR 1976 . Be it enacted by the Town Board of the . (Name of Legislative Body) County as follows:. Cit of Danby own , t age see attached . (If additional space is needed, 'lease attach sheets of the same size as this and number each) Page 1 • • (Corri'plete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 1 of 19.$4 /'Pptr • of the rfin of D4rlby was duly passed by the TQWn B41rcl own (Name of Legislative Body) on S?ptember 10 19 84 in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief • •ecutive Officer,* or repassage after disapproval.) I hereby certify that the local law annexed hereto, designa =: .s .- • aw No. of 19 County City of the of was du sassed by the 1 own (Name of Legislative Body) Village not disapproved • on 19 and was approved by the repassed after disapproval Elective Chief Executive Officer and was 9= ed duly adopted on 19 , in accordance with the applicable pr. •sions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto,designated as local • No. of 19 County of the City of was duly passed by the .... Town (Name of Legislative Body) Village not disappr. ,..,.• •on 19 and was a. . oved by the re•.ssed after disapproval Elective Chief lf?ecutive Officer..* on .19 . Such local law was submitted to the people ley reasonodf a mandatory referendum,and -ceived the affirmative vote of a majority of the qualified electors voting permissive • genera °' thereon at the sp-- al election held on 19 , in accordance with•the appli- .nnual cable pr. Visions of law. 4. (Subject to permissive referendum ,and final adoption because no valid . • ition filed requesting referendum.) I hereby certify that the local law annexed hereto,designate• s local law No. of 19 County of the City of duly passe. .y the on was dui asse. [`Own (Name of Legislative Body) Village not :'sapproved 19 an • as approved by the on repassed after disapproval Elective Chief Executive Officer* 9 Such local law being subject to a permissive referendum and no valid petition requestin' ch referendum having been filed, said local law was deemed duly adopted on 19 , in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis • or, if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town, where such officer is vested with power to approve or veto local laws or ordinances. Page 2 • 5. (City local law concerning Charter re isii►ti proposed by petition.) I hereby certif., tiia., thc lo;.al law,.;u exed hereto, designated as local law No. of 19' of the City of • hiving been submitted to referendum pursuant to the provisions of §37 of +ue liunicipal fi..wne Rule_Law,and Laving received the affirmative vote of a majority • of the qualified electors of such city voting thereon at the special general election held on 19 become operative. • 6. (County local law concerning adoption of Charter.) • I hereby certify that the local law annexed hereto, designated as Local Law No. of 19...... of the County of , State of New York, having been submitted to the Electors at the General Election of November , 19 , pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate • certification.) I further certify that l have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 above. • i G/X2� I / * - erk of the Dose. legislative body, ti*, ow r ViRege-Glettleror officer designated by loc, legislative body Date: jfl r /K4/(1e2/4 . • • (Seal) • (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK . COUNTY OF......�..O..ta1.P. 1 y?5............... • I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto.. )6tillketet, 0 . U-C/ Signature . ottk0rile j Co if t-G,e. Tot A a 6a(Z, Title Date: j e,i) ke►',4e( 1 ( q of � �l.bN ... . Town Village Page 3 TOWN OF DANBY LOCAL LAW NO. 1 OF THE YEAR 1984 A LOCAL LAW REGULATING AND CONTROLLING THE ACTIVITIES OF DOGS IN THE TOWN OF DANBY, TO BE KNOWN AS THE "DOG CONTROL LAW" AND SUPERSEDES LOCAL LAW NUMBER t OF THE YEAR 1976. Be it enacted by the Town Board of the Town of Danby as follows: SECTION 1 PURPOSE: The purpose of this law is to promote the public health, safety, and welfare of the community, including the protection and preservation of the property of residents of the Town and its inhabitants, and of the peace and good order therein by regulating and controlling activities of dogs within the Town of Danby and providing for enforcement thereof. SECTION 2 PROHIBITED ACTS. Any owner of a dog or any other person who harbors or is custodian of any dog in the Town of Danby shall be in violation of this law if such dog: A. Is not restrained by an adequate collar and leash when not on the property of the owner or any other person harboring or having custody or control of the dog, or is not accompanied by and in the actual control of its owner or any other person harboring or having custody of the dog. B. Engages in such habitual or continued barking, howling or whining so as to cause a person's rest to be broken, his sleep to be interrupted or the reasonable use or enjoyment of his home or property to be otherwise interferred with, disturbed or diminished or that causes a person to otherwise harrassed, annoyed or disturbed. C. Causes damage or destruction to property, or defecates, urinates, or otherwise commits a nuisance other than on the premises of the person owning or harboring such dog. D. When not on the premises of the person owning or harboring such dog, chases or otherwise harrasses any person in such a manner as reasonable apprehension of bodily harm or injury. E. Except when it is on the premises of the owner, or other person harboring or having custody of the dog, where it is usually harbored, chases, barks at, leaps on, or otherwise attacks any ( i ) bicycle, motorcycle, motorwagon, carriage, or any other vehicle or device used by persons for travel or as a conveyance, or any riders or occupants thereof, or ( ii ) horse,, including any rider thereon, or other animal . F. Is unlicensed when six months of age or older. G. Is not wearing a current valid New York State dog license identification tag while at large, whether or not restrained by an adequate collar and leash. H. Is not redeemed after notice of seizure is given to the owner within (7) seven days of such seizure. SECTION 3 ENFORCEMENT. The dog control officer of the Town of Danby, or any other person or persons who are or may be lawfully authorized by the Town shall , and all peace officers may, administer and enforce the provisions of this law, and for such purpose shall have the . authority to issue appearance tickets and/or, when authorized by law, to seize dogs, either on or off the premises of the owner or person harboring such dog, if witnessed by any of the aforesaid persons or officers to be in violation of this law. SECTION 4 FILING OF COMPLAINTS. Any person who observes a,dog in violation of any acts prohibited by this law may file a signed complaint, under oath, with a Town Justice of the Town of Danby, or with the authorized dog control officer, or with any peace officer, specifying 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. Upon receipt of such a complaint, the authorized dog control officer or peace officer receiving such complaint shall transmit same to the Town Justice. • Upon receipt by the Town Justice of such a complaint against the conduct of or acts by any particular dog, or the owner thereof or other person harboring such dog, the Town Justice may issue a written summons directing the alleged owner or other person harboring said dog to appear in person before him; if such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed. SECTION 5 MINOR OWNER: RESPONSIBILITY OF HEAD OF HOUSEHOLD: If any dog in violation of this law is owned by a person under 18 years of age, the head of the household in which said person resides shall be deemed to be the owner or person harboring such dog and shall be responsible for the acts of said dog for purposes of this law. SECTION 6 PRESUMPTION: The fact that the dog is in violation of any of the provisions of this law shall be presumptive evidence that the dog has been permitted to be in violation with the knowledge of the owner or person harboring the dog. SECTION 7 PUBLIC COOPERATION. No person shall intentionally hinder, resist, or oppose the authorized dog control officer, peace officer, or other person authorized to administer or enforce the provisions of this law in the performance of his duties under this law. SECTION 8 PENALTIES: (1 ) A violation of this law shall constitute a violation as the same as defined in the Penal Law of the State of New York, and shall be punishable by a penalty of not more than $25.00 for the first violation, not more than $50.00 for the second violation, and not more than $75.00 for the third and all subsequent violations or by imprisonment for a term not to exceed five days for each violation. These penalties shall be in addition to any other penalties provided by law. (2) Redemption fees: or other fees, charged as a result of the seizure or impounding of any dog shall not be deemed a part of the penalties set forth above. SECTION 9 FEES. State mandatory minimum fees apply for spayed and unspayed dogs. Adoption fees. Any dog not redeemed within seven (7) days after seizure, with notice of such seizure having been promptly given to the owner, if such notice is possible, will be available for adoption for a fee of $10.00. SECTION 10 REPEAL. Local Law Number 1 of the year 1976 is hereby superseded effective on the effective date of this local law. SECTION 11 VALIDITY. If any section, paragraph, subdivision, clause, phrase, or provision of this law shall be judged invalid or held unconstitutional , it shall not affect the validity of this law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional . SECTION 12 EFFECTIVE DATE. This law shall take effect immediately. Adopted by Town Board: September 10, 1984 T‘g9c.14_'Z- Town Cler C j.y=/ ' "Draft " "Draft " ?Oil TOWN OF DANBY LOCAL LAW NO.1 OF THE YEAR 1984 A LOCAL LAW REGULATING AND CONTROLLING THE ACTIVITIES OF DOGS IN THE TOWN OF DANBY, TO BE KNOW AS THE "DOG CONTROL LAW" AND REPEALING LOCAL LAW NUMBER 1 OF THE YEAR 1976. • Be it enacted by the Town Board of the Town of as follows: Section 1 PURPOSE. The purpose of this law is to promote the public health, safety, and welfare of the community, including the protection and preservation of the property of residents of the Town and its inhabitants, and of tQ/ tie peace and good order the in by regulating and controlling activities of dogs within the Town of r.), by and providing for enforcement thereof. Section 2 PROHIBITED ACTS. Any owner of a dog or any other person who harbors or . is custodian of any dog in the Town of Danby shall be in violation of this Law if such dog: A. Is not restrained by an adequate collar and leash when not on the property of the owner or any other person harboring or having custody or control of the dog, or is not accompanied by and in the actual control of its owner or any other person harboring or having custody of the dog. B. Engages in such habitual or continued barking, howling, or whining so as to cause a person 's rest to be broken, his sleep to he interrupted, or the reasonable use or enjoyment of his home or property to be other- wise interfered with, disturbed or diminished, or that causes a person to be otherwise harrassed, annoyed or disturbed. C. Causes damage or destruction to property, or defecates, urinates, or otherwide commits a nuisance other than on the premises of the person owning or harboring such dog. D. W ' _ - ,remises of the person owning or harboring such dog, chases or otherwise harasses any person in such a manner as reasonably to cause _intimidation to such person or to put such person into reasonable apprehension of bodily harm or injury. . Except when i s on the premises of the owner, or other person harboring or having custody o the dog, where it is usually harbored, chases, barks at, .reaps on, or otherwise attacks any (i) bicycle, motorcycle, motor.wagon, carriage, or any other vehicle or device used. by persons for travel or as a - eyance, or any riders or occupants thereof, or (ii ) horse, including any rider thereon, or other animal . F. Is unlicensed when six months of age or. older. C. Is not wearing a current valid New York State dog license identification tag while at.• lar- ge, whether or not restrained by an adequate collar and leash. H. Is not redeemed after notice of seizure is given to the owner within seven days of such seizure. • Section 3 ENFORCEMENT. The dog control officer of the Town of Danby, or any other person or persons who are or may be lawfully authorized by the Town shall, and all peace officers may, administer and enforce the provisions of this law, and for such purpose shall have the authority to issue appearance tickets and/or, when authorized by law, to seize dogs, either on or off the premises of the owner or person harboring such dog, if witnessed by any of the aforesaid persons or officers to be in violation of this law. Section 4 FILING OF COMPLAINTS. Any person who observes a dog in violation of any acts prohibited by this law may file a signed complaint, under oath, with °R—v'v�cice of the Town of Danby, or with the authorized dog control officer, or with any peace officer, specifying 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 t\ ha ri-n-g—such on receipt of such a complaint, the authorized dog ) P. f control officer or peace offic receiving such complaint shall transmit same to the Town Justice. 14 Upon receipt by the Town Justice of such a complaint against the conduct of or acts by any particular dog, or the owner thereof or other person har- boring such dog, the Town Justice may issue a written summons directing the alleged owner or, other person harboring said dog to appear in person before him; if such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint or infor - X ./ Section previously filed. a__- Section 5 MINOR OWNER: RESPONSIBILITY OF HEAD OF HOUSEHOLD. If any dog in violation of this law is owned by a person under 18 years of age, the head of the household in which said person resides shall be deemed to be the owner or person harboring such dog and shall be responsible for the acts of said dog for purposes of this law. Section 6 PRESUMPTION. The fact that the dog is in Violation of any of the provisions of this law shall be presumptive evidence that the dog has been permitted to be in violation with the knowledge of the owner or person harboring the dog. Section 7 • PUBLIC COOPERATION. No person shall intentionally hinder, resist, or oppose the authorized dog control officer, peace officer, or other person authorized to administer or enforce the provisions of this law in the performance of his duties under this law. • . Section 8 PENALTIES. (1) A viola ion of this law shall constitute a violation as the same as defined in the Penal Law of the State of New York, and shall be punishable by a penal y of not more than $25. 00 for the first violation, --,r (2) A )edemption fees -a- -- charged as a result of the seizure or olv4 ,impounding of any dog shall not be deemed a part of the penalties,,Qa f-9- Lc_ �'d . &. ntol i V vkAAA" Section 9 r e- -5. (')State mandatory fees apply for spayed and unspayed dogs . • ()Adoption Fees: Any dog not redeemed within seven (7) days after seizure? // with notice of such seizure having been promptly given to the owner, if possible will be availabe for adoption for a fee of $10. 00. A Ze Section 10 L7� i/a REPEAL. Local Law number 1 of the year 1976 is hereby repealed effective on the effective date of this Local Law. cl Section 11 e— • VALIDITY. If any section, paragraph, su.' vision, clause, phrase, or provision_. of this law shall be judg invalid or held unconsithtional, it shall not affect the validity of this law as a whole or any part or provision thereof other than the part so decided to be invalid or uncons-tutional. Section 12 'l EFFECTIVE DATE. This law shall take effect immediately.