[Adopted 11-10-2014 by L.L. No. 2-2-014]
This article shall be known and may be cited as the Dog Control Law of the Town of East Bloomfield.
The purpose of this article shall be to preserve the public peace and goad order in the Town of East Bloomfield and to contribute to the public welfare, safety and good order of its people by enforcing certain restrictions on the activities of dogs consistent with the rights and privileges of the owners of dogs and of the other citizens of the Town of East Bloomfield.
AT LARGE
Any dog shall be deemed to be at large if not accompanied by a person who:
A. 
Is in full control of the dog; or
B. 
Is providing restraint of the dog by secure leash or lead; or
C. 
Has confined the dog to an enclosure, such as a cage or motor vehicle, in such a manner that the dog may not roam freely on public or private lands elsewhere than on the premises of the owner or on the premises of another responsible person who has knowledge of the dog's presence and assents thereto.
DOG
Any member of the species canis familiaris.
OWNER
Any person who owns, keeps, harbors or has the custody or control of a dog. Dogs owned by minors under 18 years of age shall be deemed to be in the custody and control of parents or other heads of the households where the minors reside. A person harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be deemed to be the owner of the dog for the purposes of this article.
A. 
No person shall permit a dog to be at large within the Town of East Bloomfield.
B. 
No dog shall be at large in the limits of the Town of East Bloomfield.
C. 
Every female dog in heat shall be confined in a building or secure enclosure in such a manner that such female dog cannot come into contact with another animal except for planned breeding.
A. 
Enforcement officer. The provisions of this article may be enforced by any person, municipality or organization for the prevention of cruelty to animals, appointed by law by or pursuant to contract with the Town of East Bloomfield.
B. 
Appearance tickets and process: Any person or entity authorized to enforce this chapter may issue appearance tickets therefor, pursuant to the Criminal Procedure Law, may issue said tickets for any violation of Article 7 of the Agriculture and Markets Law of the State of New York, and is hereby authorized to serve any process relating to any proceeding, whether civil or criminal in nature, in accordance with the provisions of this article. In the event that an appearance ticket is unanswered, the Town Justice shall permit the filing of an information from the appropriate enforcement person and issue a warrant of arrest for the alleged violator.
C. 
Seizure. Any dog found to be at large in the Town of East Bloomfield shall be seized and impounded and properly fed and cared for, until redeemed or disposed of in accordance with the provisions of the Agriculture and Markets Law. Each such dog shall be held for a period of five to nine days, in accordance with the provisions of a valid license, and upon payment of the impoundment fees established by the aforesaid action, and owner may redeem such dog. In the event a dog is not redeemed within the statutory time period, and owner forfeits title to said dog, which shall then be made available for adoption or euthanized in accordance with the law. The seizure of any dog shall not relieve any person of prosecution for violation of this article.
D. 
Commencement of proceedings. Any person found to have permitted any dog to be at large in the Town of East Bloomfield shall be issued an appearance ticket for violation of this article and shall be prosecuted in the manner herein provided.
E. 
Prosecution of violations. Pursuant to the Penal Law of the State of New York, a violation of this article shall be punishable by a fine of not more than $25, except that:
(1) 
Where the person was found to have violated this article or Article 7 of the Agriculture and Markets Law within the preceding five years, the fine may be not more than $50; and
(2) 
Where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not more than $100 or imprisonment for not more than 15 days, or both.