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HomeMy WebLinkAboutLL 1976 #1 Dog Control/Leash LOCAL LAW NO. / OF THE YEAR 1976 A local law relating to the control, confining and leashing of dogs, and licensing the same. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF DANBY AS FOLLOWS: SECTION 1. PURPOSE: The Town Board of the Town of Danby finds that the running at large and other uncontrolled behavior of licensed and unlicensed dogs have caused physical harm to persons , damage to. property and have created nuisances within the Town. The purpose of this local law is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping and running at large of dogs within the Town and to provide for the enforcement thereof. SECTION 2. AUTHORITY: This local law is enacted pursuant to the provisions of Section 10 of the Municipal Home Rule Law and the provisions of Section 126 of the Agriculture and Markets Law of the State of New York. �. SECTION 3. TITLE: The title of this law shall be, "DOG CONTROL LAW OF THE TOWN OF DANBY". SECTION 4. DEFINITION OF TERMS: As used in this local law, the following words shall have the following respective meanings. f�• (a) Agriculture and Markets Law. The Agriculture and Markets .: Law of the State of New York in effect as of the effective date of j4 this local law, as amended by this local law, and as amended there- after. (b) Confined. That such animal is securely confined or restrained', e or kept on the owner' s premises , either within a building, kennel or other suitable enclosure or securely fastened on a chain, wire, or A. other effective tether of such length and so arranged that the animal cannot reach or endanger any person on any adjacent premises or on any public street, way or place, or if 'the animal is being transported by the owner, that it is securely confined in -a_..crate, f or other container, or so restrained in a vehicle that it cannot be expected to escape therefrom. E' (c) Dog. Dog shall mean male and female, licensed\and unlicen`. members of the species Canis familiaris. (d) Dog Warden. Any person authorized from time to time, to enforce the provisions of this local law or the provisions of the' ; Agriculture and Markets Law of the State of New York. jI' 2 - r . • (e) Owner. The party purchasing the license unless dog is or has been Wit, and such loss . reported to the dog warden and • reasonable search has been made. If an animal is not licensed the term owner shall designate and cover any person or persons, firm, association or corporation, who or which at any time owns or has custody or control of, harbors, or is otherwise responsi-, ble for any animal which is kept, brought or comes within the town. Any person owning or harboring a dog for a period of one _ `(1) week prior to the filing of any complaint charging a violation g5T—tM s local law, shall be held and deemed to be the owner of such dog for the purpose of this local law. In the event the owner of any dog is found to be in violation of this chapter is a minor, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of the said dog in violation of this ' law. • (f) Run at Large. Run at large shall Mean to be in a public place or on private lands without the knowledge , consent and approval of the owner of such lands . (g) Town. Shall designate the area within the corporate ' limits of the Town of Danby. • SECTION 5. RESTRICTIONS: It shall be unlawful for any owner • • of any dog in the Town of Danby to permit or allow such dog to: (a) Run at large unless the dog is restrained by an adequate leash or unless it is accompanied by its owner or a responsible person able to control it by command. For the purpose of this local law, a dog or dogs hunting in the company of a hunter or hunters shall be considered as accompanied by its owner. (b) Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other '' than the owner of such dog. • (c) Uproot, dig, or otherwise damage or destroy any vegetables, lawns , flowers, garden beds, or other property not belonging to the owner of such dog. • (d) Chase, jump upon or at or otherwise harass any. person.. i • in such a manner as to reasonably cause intimidation or fear or to put such person in reasonably apprehension of bodily harm or injury. 4 . I / .. • /1/ : • r • - 3 - (e) Habitually chase, run: alongside of or bark at motor vehicles , pedestrian, bicycles , horses , Motor cycles and livestock 1 • while on a public highway, street or upon public or private pro- perty other than the property of the owner of said dog. (f) Create a nuisance by defecating, urinating or digging s on public property or private porperty other than the property of the said- owner. (g) If a female. dog, be off the owner' s premises when in heat. (h) Remain in the Town unlicensed' pursuant to Agriculture and Markets Law, Article 7 . Establishment of the fact or facts that the owner of .a dog has allowed or permitted such dog to commit any of the acts pro- hibited by Section 5 (a) through (h ) of this local law shall be presumptive evidence against the owner of such dog that he has failed to properly confine, lease, or control his dog. SECTION 6 . ENFORCEMENT: This local law shall be enforced by a dog warden , as defined herein . • SECTION 7 . SEIZURE OF DOGS: (a) A dog found running at large in violation of this local • law, or of appropriate sections of the Agriculture and Markets Law, may be seized by any dog warden , as defined herein, exercising such degree of force as shall be necessary to effect such seizure without intentionally injuring or harming such dog, and such dog shall be impounded and disposed of in accordance with the pro- visions of Article 7 or other applicable provisions 'of the Agriculture and Markets Law. (b) After any such seizure, the record owner of such dog or an adult member of his family, if the owner is ascertainable from the dog' s license tag, shall be notified personally by serving such ._ owner or adult with a notice in writing stating that the dog has been seized and may be destroyed unless redeemed. (c) A dog owner may redeem his dog from the pound upon pay- ment in cash of seven and p ute.ha ,, : IIgKs ($7 .0) (fifteen dollars . ($15 .00) if dog is unlicensed or untagged) for the impounding of such C .; , : r i g t `or` ize deg,'r.., dog, p -bL----ic�� n an c"i'==f-ee�i w� c.us.tody-of—the—dog -warden, • - 4 - (d) No action shall be maintained against the Town of Danby, any duly designated dog warden, or any other agent or officer of the Town, to recover the possession or value of any dog, or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this local law. SECTION 8. COMPLAINT: (a) Any person;•. who observes a dog in violation of this local law or the Town Clerk pursuant to the Agriculture and Markets Law may file a compalint under oath with a Town Justice specifying the nature of the violation, the date thereof, a description of the dog, and the name and residence, if known, of the owner of the dog. (b) The dog warden or a peace officer observing a violation of this local law in his presence or the Town Clerk in regard to licensing shall issue and serve an appearance ticket for such vio- lation. The appearance ticket shall be in the form as set forth ' ' in APPENDIX 'A' attached to this local ordinance and made a part thereof in accordance with the provisions of Section 126 of the Agriculture and Markets Law and this local law. An answer to such appearance ticket shall be made within five (5) days of the vio- lation by registered or certified mail., return receipt requested in lieu of a personal appearance on the return date at the time and court specified in the appearance ticket in accordance with the provisions of Section 126 of the Agriculture and Markets Law and this local law. (c) Upon receipt by the town justice of any such complaint or appearance ticket in which the arraignment has not been waived, the justice shall summon the alleged owner to appear in person before him for a hearing, at which both the. complainant and the owner shall have an opportunity to be represented by counsel and to present evidence . If, after such hearing, the town justice decided that further action is warranted, he may order: 1. The owner to restrain such dog by collar or leash at all times whether on or off the owner' s property. 2. The owner to confine such dog to the premises of the owner. 3. Such other remedy authorized by law as may be warranted by the circumstances in such case made and provided. t n 1 - 5 - (d) A violation of any order issued by a town justice under the provisions of this Section 8 shall be an offense punishable, upon conviction thereof, as provided in Section 9 of this local law. SECTION 9. PENALTIES : Upon conviction, a violation of this local law shall be deemed an offense and punishable by a fine not exceeding twenty-five dollars for the first offense, and fifty dollars for each offense thereafter. SECTION 10. SEPARABILITY: Each separate provision of this local law shall be deemed independent of all other provisions herein, and if any provisions shall be deemed or declared invalid, all other provisions shall remain valid and enforceable. SECTION 11. EFFECTIVE DATE: This local law shall take effect immediately. APPEARANCE TICKET Town of Danby TO: (Name) (Street Address) (Town/City/State/Zip) YOU ARE HEREBY NOTIFIED to appear personally in the Town Court of the Town of Danby located at 0 in the Town of Danby on the day of 19 • , at o'clock in the fore/after noon to answer a charge of in violation of Section , Subdivision of the Dog Control Law of the Town of Danby, an offense. UPON YOUR FAILURE TO APPEAR AS ABOVE DIRECTED A WARRANT MAY BE ISSUED FOR YOUR ARREST. Issued on this day of , 19 • Name of Issuer Title _ * _ * _ * _ * _ * _ * _ * _ * _ * _ * _ * _ * _ * _ * _ * _ * _ * _ * _ * _ TO PLEAD GUILTY: 1. Complete form below. 2. See fine schedule below to determine amount of your fine. 3. Mail your certified check or money order in the appropriate amount payable to Town Court: Town of Danby to the office specified on the ticket within 5 days of the alleged violation by registered or certified mail, return receipt requested together with the appearance ticket. DO NOT SEND CASH: FINE SCHEDULE lL fit, },- *i EetrPL, (5 7\: TO: Town Court, Town of Danby I , residing at , have been charged with the offense specified on the attached appearance ticket. I waive arraignment in open court and the aid of Counsel. I plead guilty to the offense as charged and elect and request that this charge be disposed of and fine or penalty fixed by the court. I make the following statement of explanation (optional)