HomeMy WebLinkAbout1979 REPEALING LOCAL LAW NO. I OF THE
YEAR 1979 SETI'TING THE LOCAL FEE
FOR DOG LICENSES IN THE TOWN OF
DANBY, NEW YORK.
SECTION I. There no longer shall be any local
annual fee for dog licenses issued in the Town of Danby, The
statutory fee shall prevail. This local law shall be effective
retroactively to all dog licenses issued in the Town of Danby
covering the licensing year 1981.
SECTION II. This local law shall take effect immedi-
ately upon its filing in the office of the Secretary of State
in accordance with the provisions of Section 27 of the Munici-
pal Home Rule Law.
Introduced - February 9, 1981
Passed by Town Board - February 9, 1981
Approved by Town Supervisor - February 9, 1981
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TOWN OF DANBY `�) py
U Li
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 I. 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..
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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
--A-
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J
!' Town Clerk
MARIO M.CUOMO ■' i a °
Secretary of State
STATE OF NEW YORK
DEPARTMENT OF STATE
162 WASHINGTON AVENUE
ALBANY, NEW YORK 12231
January 17 , 1977
Ms . Mary Oltz
Danby Town Clerk
1873 Danby Road
Ithaca , NY 14850
Dear Ms . Oltz :
We are returning Local Law No . 3 of t e year 1976 the
Town of Danby .
Please be advised that we have no record of Local Laws No . 1
and 2 having been filed .
Local Laws must be filed in numerical order with this office .
In addition, the enclosed Local Law fails to meet the require-
ments of the statute in many respects .
We are enclosing forms for your convenience and if you have
any questions , you may contact the undersigned at the above
address or by calling area code (518) 474-2755 .
Very truly yours ,
MARIO M. CUOMO
Secretary of State
James C . Aube
Chief Clerk
State Records and Law Bureau
JCA; cmc
Enclosures
•21.Y":111 41,0/07
i1
STATE OF NEW YORK
DEPARTMENT OF AUDIT AND CONTROL
ALBANY
A*THUa L.11/1T1'
iM RsnnMO NOMA TO
'T ATS COMPTROILLZA November 21, 1978
Mary Oltz, Clerk
Town of Danby
1873 Danby Road
Ithaca, New York 14850
Dear Madam:
I hereby acknowledge receipt as of November �, 1,978
of certified copy of Local Law No. 1
of 1978 for the Town of. Danby
which copy is being filed in this office.
Very truly yours,
7e22)
Kendall R. Pirra KLQAA'Ll
Associate Attorney
KRP: med
cc: Secretary of State
MARIO M.CUOMO
Secretary of State
unso+
STATE OF NEW YORK
DEPARTMENT OF STATE
162 WASHINGTON AVENUE
ALBANY, NEW YORK 12231
November 16 , 1978
Mary Oltz , Clerk
Town of Danby
1873 Danby Road
Ithaca, NY 14850
Dear Sir / Madam :
Please be advised that Local Law (s) No . 1
of 1978 of the Town of Danby
was/xve received and filed on November 3 , 1978
We are enclosing additional forms for your future
use when filing local laws .
Very truly yours
MARIO M . CUOMO
Secretary of State
By : -�
/ James C . Aube
Director
State Records
& Law Bureau
•
cc : State Comptroller
Division of Municipal Affairs
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STATE OF NEW YORK
DEPARTMENT OF AUDIT AND CONTROL
ALBANY
March 23, 1977
ARTHUR LEVITT
3TA1E COMPTROLLER IN REPLYING REFER TO
Ms . Mary Oltz
Danby Town Clerk
1873 Danby Road
Ithaca, New York 14850
Dear Ms :
•
I hereby acknowledge ,receipt as of January 1_R _1977_
of certified copy of Local Law No. 1
of 1976 for the Town of Danby
which copy is being filed in this office.
Very truly yours ,
Kendall R. Piero
Associate Attorney
Secretary of State
LOCAL LAW NO. 1 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.
(a) Agriculture and Markets Law. The Agriculture and Markets
Law of the State of New York in effect as of the effective date of
this local law , as amended by this local law, and as amended there-
after.
(b) Confined. That such animal is .securely confined or restrained
or kept on the owner' s premises , either within a building, kennel or
other suitable enclosure or securely fastened on a chain, wire, or
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,
or other container, or so restrained in a vehicle that it cannot be
expected to escape therefrom.
(c) Dog. Dog shall mean male and female, licensed and unlicensed
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.
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(e) Owner. The party purchasing the license unless dog is
or has been lost, 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
of this 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
in such a manner as to reasonably cause intimidation or fear or
to put such person in reasonably apprehension of bodily harm or
injury.
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(e) Habitually chase, run alongside of or bark at motor
vehicles , pedestrian , bicycles , horses , motor cycles and livestock
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
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
bv a Tog. warder , 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 one-half dollars ($7 . 50) (fifteen dollars
($15 . 00) if dog is unlicensed or untagged) for the impounding of such
dog.
•
(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 compaaint 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.
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(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.
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(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
City of Town of Danby
Town
Village
Local Law No. of the year 19 ....7.6...
A local law DOG CONTROL LAW QF 'THE TWN...Q. DAR BY.
(loseet title)
Be it enacted by the Towm.,,Boai I of the
(Name of Legislative Body)
County
City of T. WXI....oL...Daub?y as follows:
Town
Village
plirIf additional space is needed, lease attach sheets of the same size as this and number each)'
Page 1
•
(Complete 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 1976
gity
Cam,
of the of Danby was duly passed by the Danby Town Board
Town (Name of Legislative Body)
ge
on December 27., 19 76 in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or :, .ssage after disapproval.)
I hereby - .' that the local law annexed hereto, designated as local law No. of 19
County
City
of the Town of was du y.:_ _-d by the
(Name of Legislative Body)
Village
not disapproved
on 19 and was approved by the
repassed after disapproval Elective Executive Officer
and was deemed duly adopted on 19 , in accordance with the applic. .
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
Count
of the City of was duly passed by the
Town (Name of Legislative Body)
Village not disapproved
on 19, an. .s approved by the
repas :e after disapproval Elective Chief )Hxecutive Officer
on 19 . Such loca .w was submitted to the people by reason of a
mandatory referendum,and received the affirmative vote of a m.'o ity of the qualified electors voting
permissive
general
thereon at the special election held on 19 , in ac , dance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum ,and final adoption because no valid petition filed requesting
-ferendum.)
-reby certify that the local law annexed hereto,designated as local law No. of 19
County
of the of of was duly passed by the on
Town (Name of Legislative Body)
Village ?re disapproved
•
19 and was ap ro ed by the on
repassed after di approval Elective Chief Executive Officer*
19 Such local law being su • t to a permissive referendum and no
valid petition requesting such referendum having been filed, said local was deemed duly adopted on
19 , in accordance with the applicable pro ,'ons 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 revision proposed by petition.)
_ -cei tif. that the lo‘_al law<.nncxed hereto, designated as local law No. of 19
of the City of buying been submitted to referendum pursuant to the
provisions of § 37 of iii ';unicipal Ilc n:e ' . - aw,and Laving received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the ial - ection held on
genera
19 became operative.
6. County local law concerning adoption of Charter.)
I here. . - tify 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 , ' , pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the a 1 • .ve vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qu • '-, 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 prove. ° , I appropriate
certification.)
mar I further certify that I 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 one above.
Clerk of the County legislative body,City,Town or Village Clerk or
officer designated by local legislative body
Date: February 3, 1977
(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 T.O11PKINS
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.
Signature
Title
Date: February 3, 1977 County
City of TQWf....Q.L...Daiaby
Town
Village
Page 3
LOCAL LAW NO. 1 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.
(a) Agriculture and Markets Law. The Agriculture and Markets
Law of the State of New York in effect as of the effective date of
this local law, as amended by this local law, and as amended there-
after.
(b) Confined. That such animal is.securely confined or restrained
or kept on the owner' s premises , either within a building, kennel or
other suitable enclosure or securely fastened on a chain , wire, or
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,
or other container, or so restrained in a vehicle that it cannot be
expected to escape therefrom.
(c) Dog. Dog shall mean male and female, licensed and unlicensed
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.
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(e) Owner. The party purchasing the license unless dog is
or has been lost , 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
of this 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 he 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
in such a manner as to reasonably cause intimidation or fear or
to put such person in reasonably apprehension of bodily harm or
injury.
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(e) Habitually chase , run alongside of or bark at motor
vehicles , pedestrian , bicycles , horses , motor cycles and livestock
while on a public highway, street or upon public or private pro-
perty other than the pronerty of the owner of said dog.
(f) Create a nuisance by defecating, urinating or digging
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 d g 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 one-half dollars ($7 . 50) (fifteen dollars
($15. 00) if dog is unlicensed or untagged) for the impounding of such
dog.
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(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 complaint 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.
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(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.
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(Complete 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 197.6...
6-vnm.y
of the of Danby was duly passed by the Danby Town Board
Town (Name of Legislative Body)
44.6ge
on December 27, 19 76 in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or :, .ssage after disapproval.)
I hereby - that the local law annexed hereto, designated as local law No. of 19
County
of the City of was duly`passgd by the
Town (Name of Legislative Body)
Village not disapproved
on 19 and was approved by the
repassed after disapproval Elective • Executive Officer *
and was deemed duly adopted on 19 , in accordance with the applic e`
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
Count
of the City of was duly passed by the
Town (Name of Legislative Body)
Village not disapproved
on 19. an s approved by the
repas,ed after disapproval Elective Chief Executive Officer
on 19 . Such\l-law was submitted to the people by reason of a
mandatory referendum,and received the affirmative vote of ofamjority of the qualified electors voting
permissive
general
thereon at the special election held on 19 , in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum ,and final adoption because no valid petition filed requesting
--referendum.)
\'I`h re ecertify that the local law annexed hereto,designated as local law No. of 19
County
City
of the was duly passed by the
of on
Town (Name of Legislative Body)
Village \trot.disapproved
19 and was approved by the on
repassed after-disapproval Elective Chief Executive Officer*
19 Such local law being stib}ec`to a permissive referendum and no
valid petition requesting such referendum having been filed, said local Taw was deemed duly adopted on
19 , in accordance with the applicable pro ' 'ons 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
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5. _(Cit) local law concerning Charter re■ision proposed by petition.)
-certif, tiia- the lo,.::, ;.l« ..:,nc xeci her,-to, designated as local law No. of 19
of the City of 111\ing been submitted to referendum pursuant to the
provisions of § 36 7 of iii .',iunicipal li, re ' aw,and Laving received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the `- ial - ection held on
genera
19 became operative.
6.- County local law concerning adoption of Charter.)
I hereb tify 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 , pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the firmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the IL alrfi-• 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 prove. appropriate
certification.)
Bar I further certify that I 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 one above.
Clerk of the County t ative body,City, own or Village Clerk or
officer designated by local legislative body
Date: February 3, 1977
(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 T.OMPKINS
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 the-local law annexed hereto.
e 1 //
/ l .I
Signature
Title
Date: February 3, 1977 County
City of IQW 1...QL...Daiab.y
Town
Village
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