[Adopted 6-10-1991 by L.L. No. 4-1991 (Ch. 54 of the 1983
Code)]
The purpose of this article 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
the activities of dogs within the Town of Dickinson and providing
for the enforcement thereof.
As used in this article, the following terms shall have the
meanings indicated:
Any dog that is unleashed and either on property open to
the public or on private property not owned or leased by the owner
of the dog unless permission for such presence has been obtained.
No dog shall be deemed to be at large if it is:
[Amended 8-10-2015 by L.L. No. 1-2015]
Any member of the species canis familiaris.
A Town Dog Control Officer, a police officer or a peace officer
acting or pursuing special duties or any authorized officer, agent
or employee of an incorporated humane society or similar incorporated
dog protective association under contract with the Town to assist
in the enforcement of this article.
To provide food or shelter to any dog.
A dog which is humanly bound directly to the owner or keeper
by means of a chain, rope, leather strap, cord or other sufficient
tether as to prevent the dog from moving free of the owner's
or keeper's immediate control.
Any person who harbors or keeps any dog. In the event that
a dog found in violation of this article shall be owned by a person
under 18 years of age, the owner shall be deemed to be the parent
or guardian of such person or the head of the household in which such
person resides.
As applies to a dog, the term shall describe, designate or
apply to every dog which:
Seriously or habitually disturbs the neighborhood by barking
or howling or making any other disturbing noises;
Chases any bicycle, automobile or any other type of vehicle
upon any public highway or in any public place;
Causes damage or destruction to property other than upon the
premises of the owner or the person harboring such a dog;
[Amended 11-9-2009 by L.L. No. 5-2009]
Disperses garbage or refuse which is lawfully set out for collection;
or
Chases, bites, snaps at, jumps upon or otherwise harasses any
person in such a manner as reasonably to put a person in apprehension
of bodily harm or injury.
Referring to the Town of Dickinson and the area within the
corporate limits of the Town of Dickinson.
Includes any dog:
With a known propensity, tendency or disposition to attack,
cause injury to or otherwise endanger the safety of human beings or
domestic animals. The propensity to be vicious shall be known if the
owner has any notice that the dog has on any occasion inflicted bites
or attacked a human being or other animal either on public or private
property or, in a vicious or terrorizing manner, approached any person
in an apparent attitude of attack upon the streets, sidewalks or any
public grounds or places lawfully on private property;
Which attacks a human being or domestic animal without provocation;
or
Owned or harbored primarily or in part for the purposes of dog
fighting or any dog training to end dog fighting.
No dog shall be deemed "vicious" if it bites, attacks or menaces
with a trespasser on the property of its owner or harms or menaces
anyone who has tormented or abused it.
B.
C.
Canine waste.
[Added 7-6-1998 by Ord. No. 4-1998[2]]
(1)
Any person owning, harboring, walking or in charge of a dog who allows
the dog to defecate on public property, or on any private property
without the permission of the property owner, shall remove all feces
immediately after it is deposited by the dog. All feces removed in
accordance with this subsection shall be placed in a suitable bag
or other container which closes. The bag or closed container shall
then be deposited in a receptacle for the disposal of refuse.
(2)
The provisions of this subsection shall not apply to blind persons
using dogs as guides.
The keeping of vicious dogs within the Town shall be governed
by this section.
A.
In the event that an enforcement agent or a citizen has probable
cause to believe that a vicious dog is being harbored or cared for
in the Town, the enforcement agent shall, or a citizen may, file a
petition with the Dickinson Town Court seeking the seizure and impoundment
of the vicious dog pending trial pursuant to the dangerous dog provisions
of the Agriculture and Markets Law.
B.
Dogs found by the Court to be vicious shall be humanely destroyed
unless the Court determines that the interests of justice will be
served by the issuance of a confinement order. The terms of such confinement
are as follows:
(1)
No person owning or harboring or having the care of a vicious dog
shall allow or permit such a dog to go unconfined on the premises
of such person. A vicious dog is "unconfined," as the term is used
in this section, if such dog is not securely confined indoors or confined
in a securely enclosed and locked pen or dog run area upon the premises
of such person. Such pen or dog run area shall be of such design and
construction to prevent the entry therein by young children and the
animal from escaping. The specifications for such a pen or dog run
area shall be presented by the owner of a vicious dog to the Town
Court at the time said Court issues the confinement order and shall
be subject to the approval of said Court upon the recommendation of
the enforcement agent. Proof that said pen or dog run area has been
constructed shall be presented to the Court within 10 days of the
entry of the vicious dog order. Failure to construct and maintain
said pen or dog run area shall cause for the immediate seizure and
destruction of the dog.
(2)
No person owning or harboring or having to care for a vicious dog
shall allow or permit such a dog to go beyond the premises of such
person unless the dog is securely muzzled and restrained with a chain
or leash not exceeding three feet in length and having sufficient
tensile strength to control an animal of the size of the vicious dog.
(3)
The owner shall, at his own expense, have the licensing number assigned
to such dog, or such other number as the licensing authority shall
determine, tattooed upon such vicious dog by a licensed veterinarian
or person trained as a tattooist and authorized as such by the appropriate
state, city or Town authority. The enforcement agent may, in his discretion,
designate the particular location of said tattoo. No vicious dog shall
be released to the custody of its owner without first having had this
tattoo affixed.
(4)
The owner shall display a sign on the premises warning that there
is a vicious dog on the property. The sign shall be visible and be
capable of being read from the public highway or street. The sign
shall conspicuously display a symbol warning children of the presence
of a vicious dog.
C.
No person shall own or harbor any dog for the purpose of dog fighting
or train, torment, badger, bait or use any dog for the purpose of
causing or encouraging said dog to unprovoked attack on human beings
or domestic animals.
D.
No person shall possess with the intent to sell, offer for sale,
buy or intend to buy within the Town any vicious dog.
E.
Any person owning, possessing or harboring a vicious dog shall at
all times exercise due care and safeguarding of the public from attack
by such animal.
F.
It shall be presumed as a matter of law that the owning, keeping
or harboring of a vicious dog in violation of this section is a nuisance.
G.
Where an enforcement agent has probable cause to believe that a vicious dog is being confined in violation of a court order of confinement and presents a clear and present danger to persons and/or domestic animals, the enforcement agent may seize and impound the dog and shall seek an order from the Court for the destruction of the dog pursuant to § 229-4H.
[Amended 7-6-1998 by Ord. No. 4-1998; 11-9-2009 by L.L. No.
5-2009]
H.
Any vicious dog may be ordered destroyed when, in the judgment of
the Court, such vicious dog represents a continuing threat of serious
harm to human beings and/or other domestic animals. In making said
determination, the Courts shall consider the conduct of the owner
in complying with the provisions of this article or any court order
issued hereunder.
A.
This article shall be enforced by any enforcement agent.
B.
Any person who observes any conduct which would constitute a violation
of this article may file a silence complaint under oath with an enforcement
agent or Justice of the Town, specifying the objectionable conduct,
the date thereof and the name and residence, if known, of the owner
or other person harboring said dog.
C.
Any enforcement agent observing a violation of this article or obtaining a written complaint under Subsection B of this section shall issue and serve upon the alleged owner an appearance ticket for such violation.
D.
Any Town Justice obtaining a written complaint under Subsection B of this section may summon the alleged owner to appear in person before him.
E.
If a person issued or served an appearance ticket or summons fails
to appear in accordance with said appearance ticket or summons, a
Town Justice may issue a warrant for the arrest of that person upon
the filing of information.
[Amended 11-9-2009 by L.L. No. 5-2009]
A.
Except as otherwise provided for in § 119 of the Agriculture and Markets Law, any person who violates this article, except § 229-4 hereof, or normally permits the violation of this article, except § 229-4 hereof, shall be deemed to have committed an offense, and any person convicted of any such violation, after investigation and hearing, shall be liable to a penalty of not more than $50 for each violation. Any person so convicted of such violation as a second offense shall be liable to a penalty of not less than $50 and not more than $100, and a third or subsequent offense shall be liable to a penalty of not less than $100 and not more than $200. Upon failure to pay any such fine, such person may be imprisoned in the county jail until such fine is paid, not to exceed 15 days. Each day that a violation shall continue to exist shall be considered a separate violation for purposes of this article.
