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HomeMy WebLinkAbout1979 LL 2 - Dog Control l979 - LOCAL LAW #2 A local law regulating and controlling the activities of dogs in the Town of Ithaca, to be known as the "Dog Control Law" and repealing Local Law number l of the year 1976 and Local Law number 2 of the year 1978. SECTION l 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 dugs within | the Town of Ithaca and providing for enforcement thereof. | \ �-� SECTION ll PROHIBITED ACTS - Any owner of a dog or any other person who harbors or is custodian of any dog in the Town of Ithaca shall be in violation of this law if such dug` 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 on 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 other- wise interfered with, disturbed or diminished, or that causes a person to be otherwise harassed, annoyed or disturbed. c. Causes damage or destruction to property, or defecates, urinates or otherwise commits a nuisance other than no the premises of the person owning or harboring such dog. L J d. When not on the premises of the person 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 or 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, mnturwagon, carriage, or any other vehicle or device used by persons for travel or as a conveyance , or any riders or occupants thereof, ot (ii) horse, including any rider thereon, or other animal. f. Is unlicensed when six months of age or nlder' 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 five days of such seizure. / SECTION III ENFORCEMENT - The dog control officer of the Town of Ithaca, or any other person / | or persons who are or may be lawfully authorized by the Town shall, and all peace � J 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 IV FILING OF COMPLAINTS- Any person who observes a dog in violation of any acts prohibited by this law, may filea signed complaint, under oath, with a Town Justice of the Town of Ithaca~ or with the authorized dog control officer, or with any peace officer, specifying the objectionable conduct of the dog, the 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 complaint agoinst 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 dues not appear, the Town Justice may issue a /_ | warrant for the arrest of said person based upon any complaint of information previously filed' '—1 SECTION Y - 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 household in which said person resides shall be deemed to be the owner of person harboring such dog and shall be responsible for the acts of said dog for purposes of this low. SECTION Yl 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 VII 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 VIII � .-� PENALTIES- A violation of this law shall constitute a violation as the same is 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, and 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. Theae penalties shall be in addition to any other penalties provided by law. SECTION IX LICENSE FEES (l) The following fee schedule for the licensing of dogs in the Town of Ithaca for the year 1979 is established: a. For male and spayed female dogs, $4.00; b. For unspayed female dogs°$7.00 (2) For the 1980 licenses the following fee schedule is established: ~� a. For spayed or neutered dogs, $5.50; , b. For unspayed or unneutered dugs, $10.50; c. For purebred licenses as follows: � | �~J i. for lO dogs or less, $25.00 ii. for 11-25 dogs inclusive, $50.00; iii. for more than 25 dogs, $100.00 (3) The fee schedule contained in subsection 2 above shall be effective for years subsequent to 1980 unless amended by local law, or ordinance, or reso- lution of the Town Board` enacted in the sames manner as an ordinance. (4) In addition to the license fees set forth above, the Town Clerk of the Town of Ithaca shall continue to collect the research fee and the tag fee for each dog license as and when required by state law. SECTION K REPEAL - Local Lew #1 of the year 1970 and Local Law #2 of the year 1978 are hereby repealed effective on the effective date of this Local Law. SECTION XI VALIDITY - If any section, paragraph, subdivision, clause, phrase, or provisions of this law shall be judged invalid or held unconstitutional it shall not affect the validity of this law as a whole of any part or provision thereof other than the part so decided to be invalid or uncon- stitutional. { | - SECTION XII ' EFFECTIVE DATE - This law shall take effect immediately. Adopted by the Town Board of Ithaca, on May lO, 1979. '