[Adopted 11-2-1989 by L.L. No. 3-1989]
It shall be unlawful for any owner of or any
person harboring any dog in the Town of Ghent to permit or allow such
dog to:
A.Â
Run at large unless said dog is restrained by adequate
collar and leash or unless accompanied by its owner or a responsible
person able to control and contain the animal. For the purposes of
this article, a dog or dogs hunting in company with a hunter or hunters
shall be considered as accompanied by its owner.
B.Â
Engage in habitual howling, whining, barking or other
noise-making so as to annoy any person other than the owner or person
harboring such dog. For the purposes of this subsection, "habitual"
shall mean for a majority of the time during any two fifteen-minute
periods on separate days in the same week or for a majority of the
time during any three ten-minute periods on three separate days in
the same week. In order for howling, whining, barking or other noise-making
to constitute annoyance of a person, it must be loud enough so that
it is actually heard by such person from any part of his or her property.
The provisions of this subsection shall not be applicable until the
Dog Control Officer shall first have issued a warning to the owner
or person harboring a dog(s) that such dog(s) is or may be engaging
in habitual howling, whining, barking or other noise in violation
of this subsection. The warning may be verbal or in writing. The validity
of the warning shall not be an issue in any subsequent enforcement
of this subsection. Only one warning shall be given to any such owner
or person in any one-year period, after which the provisions of this
subsection shall apply without the necessity of any further warning,
and regardless of whether or not the dog(s) involved is the same dog(s).
C.Â
Cause damage or destruction to property, or commit
a nuisance upon the premises of the person other than the owner or
person harboring such dog.
D.Â
Chase or otherwise harass any person in such a manner
as to cause intimidation or to put such person in reasonable apprehension
of bodily harm or injury.
E.Â
Habitually chase or bark at motor vehicles.
It shall be unlawful for the owner or person
harboring any female dog to permit such dog to run at large when in
heat and such dog shall be confined to the premises of such person
during such period.
The Dog Control Officer as designated by the
Town of Ghent pursuant to the provisions of the Agriculture and Markets
Law may enforce the provisions of this article and shall also have
the power to investigate any complaints made pursuant to the provisions
of this article.
The Dog Control Officer of the Town of Ghent
shall have all powers as provided under the Agriculture and Markets
Law and shall also have the power to file a signed information or
complaint alleging a violation of any of the provisions of this article
or any provision of Article 7 of the Agriculture and Markets Law with
a Town Justice of the Town of Ghent. The Dog Control Officer shall
further have the power to issue appearance tickets for any such alleged
violations. Upon receipt by the Town Justice of any such information
or complaint, the Town Justice shall have jurisdiction in the prosecution
of any such violations of this article. For the purposes of such prosecution,
the relevant provisions of the Criminal Procedure Law with respect
to a violation or violations shall apply.
Any person or persons found guilty of a violation
of any of the provisions of this article shall be subject to a fine
not exceeding $250 or to imprisonment for not more than 15 days or
both for each violation. Any violation of any of the provisions of
this article shall be deemed a separate and distinct violation and
each such separate and distinct violation shall be subject to the
fines and penalties provided for herein.
In lieu of a criminal penalty, the Court may
also, in its discretion, provide for a civil penalty for any persons
found guilty of any violation hereunder which civil penalty shall
not exceed the sum of $250 per violation. Enforcement proceedings
to collect such civil penalty may be taken by the Town of Ghent.
Any owner of or person harboring any dog in
the Town of Ghent who is found guilty of more than three separate
violations of this article in any one-year period shall also, in addition
to the fines, criminal penalties and/or civil penalties provided for
herein, have no further right to keep or possess within the Town of
Ghent any such dog(s) involved in three such violations. In such event,
the Town Justice shall have the power to order the owner or person
harboring such dog(s) to remove the same from any premises within
the Town of Ghent within 10 days of the date of said order. Upon the
failure of the owner or person harboring the dog(s) to do so, the
Town Justice shall upon three days' notice to the owner or person
harboring the dog(s) order the Dog Control Officer to remove said
dog(s) from the premises and to bring such dog(s) to a pound or shelter
authorized by § 115 of the Agriculture and Markets Law,
for disposition under provisions of Article 7 of the Agriculture and
Markets Law. However, such pound or shelter shall not return the dog(s)
to the owner or person harboring the same unless authorized by the
Town Justice having jurisdiction over this matter. The Town Justice
may grant such authorization only after notice to the Dog Control
Officer and an opportunity to be heard, if the Town Justice is satisfied
that the dog(s) involved will thereafter be kept on premises outside
of the Town of Ghent. The owner or person harboring such dog(s) shall
be liable to pay for any costs and expenses charged by the pound or
shelter in boarding and caring for such dog(s).
The provisions of this article shall be in addition
to any provisions set forth under Article 7 of the Agriculture and
Markets Law, and the provisions of this article shall be separately
enforceable as set forth herein.
