Any person who violates or knowingly permits violation of this
chapter shall be subject to a fine of not more than $75, except that,
where the person was found to have violated this chapter or Article
7 of the Agriculture and Markets Law within the preceding five years,
the fine may be not more than $150; 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 $300 or imprisonment
for not more than 15 days, or both.
Any Town Justice of the Town of Sweden shall have jurisdiction
to hear all actions and proceedings hereunder and of all prosecutions
for the violation of this chapter.
All complaints concerning alleged violations of this chapter
shall be communicated to the Dog Control Officer or Deputy Dog Control
Officer. All such complaints shall be investigated, and it shall be
the duty of the Dog Control Officer or the Deputy Dog Control Officer
in the appropriate case to proceed with civil or criminal enforcement
of this chapter or any other provision of law pertaining hereto.
The Dog Control Officer or Deputy Dog Control Officer, having
reasonable cause to believe that a person has violated this chapter,
shall issue and serve upon such person an appearance ticket for such
violation. The appearance ticket shall be in the form prescribed by
the Town Board by resolution in accordance with provisions of § 122
of the Agriculture and Markets Law and this chapter. An answer to
such appearance ticket may be made within five days of the violation,
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 § 122 of the Agriculture and Markets Law and this chapter.
In accordance with the provisions set forth in § 117
of the Agriculture and Markets Law:
A. It shall be the duty of the Dog Control Officer or Deputy Dog Control
Officer to enforce the provisions of this chapter and to seize all
dogs found in violation of the chapter or which are ordered seized
by a Town Justice.
B. The Dog Control Officer, when acting pursuant to his or her duties,
shall make and maintain a complete record of any seizure and subsequent
disposition of any dog. Such record shall include, but not be limited
to, a description of the dog, the date and hour of seizure, the municipal
identification number of the dog (if any), the location where seized,
the reason for the seizure and the owner's name and address, if known.
C. For any dog seized pursuant to §
84-15A above, the following notification and redemption procedures shall be followed:
(1) Unidentified dogs, whether or not licensed, shall be held for a period
of five days from the day seized, during which time the owner may
redeem the dog.
(2) For identified dogs, whether or not licensed, the owner shall be
notified personally or by certified mail, return receipt requested,
of the facts of the seizure and the redemption procedures. If notification
is made personally, the dog shall be held for seven days after the
day of notice; if notification is made by mail, the dog shall be held
for a period of nine days, during which period the owner may redeem
the dog.
D. In either case above, the owner must produce proof of licensing and
pay seizure and impoundment fees in order to redeem the dog. The seizure
and impoundment fees shall be as set from time to time by the Town
Board and in accordance with the provisions of § 117 of
the Agriculture and Markets Law.
E. If not so redeemed by the end of the appropriate redemption period,
the owner shall forfeit all title to the dog, and the dog shall be
made available for adoption, released to an authorized humane society
or shelter or euthanized.
F. Prior to releasing a dog to its owner or adopting out a dog, the
owner must pay all accrued charges to the Town Clerk and obtain a
license for such dog. Subsequent to euthanasia, the Dog Control Officer
shall take a written report of such destruction and report disposition
to the Town Clerk, who shall keep a record thereof.
In the event that this chapter is deemed to conflict with Article
7 of the New York State Agriculture and Markets Law, the New York
State Agriculture and Markets Law shall control.