HomeMy WebLinkAbout1976 LL 1 - Dog Control Law 1976 - Local Law No. 1
A local law regulatimg and controlling the activities
of dogs in the To of Ithaca, to be known as the "Dog Control
Law".
Be it enacted by the Town Board of the To of Ithaca
as follows:
Section 1. The purpose of the 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 To and its inhabitants, and of the peace and good order
therein, by regulating and controlling activities of dogs within
the To of Ithaca and providing for enforcement thereof.
Section 2. Any owner of a dog or any other person who
harbors any dog in the Town of Ithaca shall be in violation of
this law if such dog, whether or not tagged or licensed and
whether or not muzzled:
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.
b. engages in such habitual or continued barking, howling,
R
or whining that causes a person's rest to be broken, his sleep to
be interrupted, or the reasonable use and enjoyment of his home or
property to be otherwise interfered with, disturbed or dimished 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 on the premises
of the person owning or harboring such dog;
d. except when restrained by an adequate collar and leash
on the property of the owner or other person harboring or having
custody or control of the dog, attacks, bites or otherwise injures
a person or chases or otherwise harasses any person in such manner
as reasonably to cause intimidation to such person, or to put such
person in reasonable apprehension of bodily harm or injury.
e. except when restrained by an adequate collar and leash
on the property of the owner or other person harboring or having
custody or control of the dog, chases, barks at, leaps on or
otherwise attacks any (i) bicycle, mOtotcycle, motor wagon, carriage,
or any other vehicle or device used by persons for travel or as a
conveyance, or any riders or occupants thereof, or (ii) any horse
or other animal including any rider thereon.
Section 3. The dog warden of the Town, 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.
Section 4. a. Any person who observes a dog M causing
damage or destruction to property of a person other than its owner,
or (ii) running at large without a tag or license, or unleashed,
upon the premises of a person other than its owner or (iii) harassing
any person, or (iv) which is otherwise committing an act in violation
of this law may file a signed complaint, under oath, with a Town
Justice of the Town of Ithaca specifying the objectionable conduct
of the dog, the date thereof, the damage caused or the acts
constitution 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.
b. Upon receipt by the Town Justice of any such complaint
against the conduct of or acts by any particular dog, or the owner
thereof or other piarson harboring such dog, the Town Justice may
issue a written summons directing the alleged owner 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 such person based upon any complaint or information previous]
filed.
Section 5. It is hereby provided, pursuant to the authority
granted by Chapter 374 of the Laws of New York of 1975 (amending
Section 126 of the Agriculture and Markets Law) that an appearance
ticket may be issued pursuant to the provisions of the Criminal
Procedure Law for any violation of this law. Such appearance ticket
may be issued by any police officer, or the dog warden or other
person authorized pursuant to Section 120 of the Agriculture
and Markets Law to perform the duties and exercise the powers of
a dog warden.
a. Any person to whom such appearance ticket has been
issued shall answer such appearance ticket in accordance with
the procedures provided for in Section 2a of Section 126 of the
Agriculture and Markets Law as amended by Chapter 374 of the
Laws of New York of 1975.
b® All subsequent procedures, including the provision
for the filing of an answer as hereinabove provided, and the
payment of any penalties, shall be in accordance with the provisions
of Section 126 of the Agriculture and Markets Law as amended by
Chapter 374 of the Laws of New York of 1975.
C. The Town Board shall adopt by municipal regulation,
local law, or ordinance, such forms as are authorized by Section
v"
126, sub-division 2b, of the Agriculture and Markets Law.
Section 6. If any dog in violation of this law is owned
by a periii—n '7n—de� 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 7. The fact that a dog is at large in the Town of
Ithaca elsewhere than on the premises of the owner or 'Person
harboring such dog shall be presumptive evidence that the dog has
been permitted to be at large with the knowledge of the owner or
person harboring the dog.
Section 8. The dog warden, peace officer, or other
person lawfully authorized to administer or enforce the provisions
of this law shall keep a record and description of each complaint
filed by him with respect to a violation of this law, or any dog
seized, and shall set forth the disposition of the complaint and
shall contain such other information as this Board or the Town
Attorney shall require, or as may otherwise be required by law®
Nothing herein contained shall be deemed to relieve any To Justice
from keeping records required of him by law.
Section 9. No person shall hinder, resist, or oppose the
dog ward;ii-,, p�cW officer, or other person authorized to administer
or enforce the provisions of this law of the Town of Ithaca in the
performance of his duties under this law,
Section 10. A violation of this law shall constitute a
violation_s_s _d_e d 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 penalty provided
by law.
Section 11. 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. This law shall take effect immediately.
Adopted by the Town Board of the Town of Ithaca on May 10, 1976.
SCHEDULE "A"
WATER RATE SCHEDULE
Section 1.
Gallons Agin® Water Unit Cost
Cu. Ft. Allowed) Allowed Charge per
Meter Min. Charge per1=E4.a..n. Charge Per 1,000
Size Quarter 1 Per Quarter Quarter Gallons
rma.1.1 1,200 8,977 $ 1.6"59 $ 1.85 ,....�
V 3,200 23,940 39.57 1.65
1-1/2" 5,500 41,146 65.99 1.60
2" 11,200 83,787 127.91 1..53
3>o 16,000 119,696 168. 16 1..41.
4°' 24,0100 179,544 237.69 1.32
V42,100 314,950 396.67 1®24
First 1,200 Cu,,, Ft. per 100 cu. ft® at 1.383 = 1.6.59 1.8.5
Next 8,800 Cu.. Ft. per 1.00 cu. ft. at 1.1,47 - 101.10 1..54
Over 10,000 cu. ft. per 100 cu. ft. at .851 1a14
Section 2.
Multiple Housing and mobile home parks of over 2 dwelling units,
using a master meter, will be computed as follows. The quarterly
master meter reading will be divided by the number of dwelling units
andthe water charge will be figured on this number as if the unit was
individually .metered. The muter charge will them be multiplied by
the number of units on the master .meter and this w;p..:p..l be the b..u.1.1.l..ang
rendered.
Section 30 e. The Town Board hereby establishes a surcharge
which will be due and payable at the same time as the charges
hereinabove provided. The revenues derived from this surcharge will
be used for repairs and maintenance of the water system except that
a certain percentage thereof will be used for repairs and main-
tenance of the suer lines in the Town, The charge is now established '"
at 7% of the water charge, of which 5% is for repairs and maintenance
of the ,rater lines and 2% is for the repair and maintenance of the
suer lines,