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HomeMy WebLinkAbout1979-Local Law#1_Dog Control and License Fees.pdfTOWN OF ULYSSE LOCAL LAW NO. 1 FOR 1979 BE IT ENACTED, by the Town Board of the .Town of Ulysses, County of ... Tompkins and State of New York, as follows: SECTION 1. TITLE The title of this law is "Dog Control and License Fees L aw". SECTION 2. PURPOSE The purpose of the law is to promote the public health, safety, and welfare of the community, including the preservation and protection of the property of the Town of Ulysses and its inhabitants, and of the peace and good order therein by regulating and controlling activities of dogs within the Town of Ulysses and providing enforcement thereof. SECTION 3. PROHIBITED ACTS Any owner of a dog or any other person who harbors any dog in the Town of Ulysses shall be in violation of this law if such dog: A. Is at large i.e., 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 accom- panied by and in the actual control of its owner or any other person harboring or having custody of the dog. No dog shall be deemed to be at large if it is: (a) a guide dog actually leading a blind person; (b) a police work dog in use for police work; or (c) accompanied by its owner or other responsible person and is active- ly engaged in hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land. B. Engages in habitual loud howling or barking or conducts itself in such manner as to habitually annoy any person other than the person owning or harboring such dog. 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. Chases or otherwise harasses any person in such manner as reason- ably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury when not on the property of the person owning or harboring such dog, or when upon the pavement or shoulder of any highway. E. Chases, leaps on, or otherwise harasses any (a)bicycle, motor- cycle, automobile or any other vehicle or device used by persons for travel or as a conveyance, or any riders or occupants thereof, or (b) any cat, dog or domestic animal on premises other than those of the person owning or harboring such dog. F. Is unlicensed when six months of age or older. G. Is not wearing a current and 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 within five days after being notified either personally or by mail that said dog has been seized and impounded pursuant to Section 4 of this law. SECTION 4. ENFORCEMENT Any person or persons who are or may be lawfully authorized by the Page la Town of Ulysses• Local Law No. 1 for 1979 page 2 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 to seize dogs either on or off the premises of the owner, if witnessed to be in violation of this law. SECTION 5. FILING OF COMPLAINTS Any person who observes a dog in violation of any act's prohibited by this law, may file a signed complaint, under oath, with a Justice of the Town of Ulysses, or with the authorized dog control officer or 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. SECTION 6. 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 or person harboring such dog and shall be the person responsible for the acts of said dog for the purposes of this law. SECTION 7. PRESUMPTION The fact that a 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 8. VIOLATIONS No person shall hinder, resist, or oppose peace officer, or other person authorized to provisions of this law in the performance of this law. SECTION 9. PENALTIES the dog control officer, administer or enforce the the officers duties under A violation of this law shall constitute a violation as defined in the Penal Law of the State of New York, and shall be punishable by a penalty of not more than $25 for the first violation, not more than $50 for the second violation, and not more than $75 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 penalty provided by law. SECTION 10. LICENSE FEES For licenses effective January 1, 1980, and thereafter, the following fees shall be charged: $5 for each spayed or neutered dog and $10 for each unspayed or unneutered dog. SECTION 11. VALIDITY If any section, paragraph, subdivision, clause, phrase, or provision of this law shall be judged to be 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 un- constitutional. SECTION 12. EFFECTIVE DATE This law shall take effect October 1, 1979. Page lb