[Adopted 5-11-1995 by L.L. No. 3-1995]
The Town Board of Niles finds that the running
at large and other uncontrolled behavior of licensed and unlicensed
dogs have caused physical harm to persons, damage to property and
have created nuisances within the town. The purpose of this article
is to protect the health, safety and well-being of persons and the
property by imposing restrictions on the keeping and running at large
of dogs within the town.
This article is enacted pursuant to the provisions
of § 126 of the Agriculture and Markets Law of the State
of New York.
The title of this article shall be the "Dog
Control Law of the Town of Niles."
As used in this article, the following words
shall have the following respective meanings:
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article, and as amended thereafter.
CONFINED
That such animal is securely confined or restrained or kept
on the owner's premises, either within a building, kennel or other
suitable enclosure or securely fastened on a chain, wire or other
effective tether of such length and so arranged that the animal cannot
reach or endanger any person or any adjacent premises or any public
street, way or place, or, if the animal is being transported by the
owner, that it is securely confined to a crate or other container
or so restrained in a vehicle that it cannot be expected to escape
therefrom.
DOG
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
DOG CONTROL OFFICER
Any person authorized from time to time to enforce the provisions
of this article or the provisions of the Agriculture and Markets Law
of the State of New York.
OWNER
The party purchasing the license, unless the dog is lost
or has been lost, and such loss reported to the Dog Control Officer
and a reasonable search has been made. If an animal is not licensed,
the term "owner" shall designate and cover any person or persons,
firm, association or corporation who or which at any time owns or
has the custody or control of, harbors or is otherwise responsible
for any animal which is kept, brought or comes within the town. Any
person owning or harboring a dog for a period of one week prior to
the filing of any complaint charging a violation of this article shall
be held and deemed to be the owner of such dog for the purpose of
this article. In the event that the owner of any dog found to be in
violation of this chapter is a minor, the head of the household in
which said minor resides shall be deemed to have custody and control
of said dog and shall be responsible for any acts of said dog and
the violation of this article.
RECREATIONAL AREAS
Any real property owned by the Town of Niles which is used
for recreational purposes by the public, including but not limited
to parks and playgrounds.
RUN AT LARGE
To be in a public place or on private lands without knowledge,
consent and approval of the owner of such lands.
TOWN
Shall designate the area within the corporate limits of the
Town of Niles.
This article shall be enforced by a Dog Control
Officer, as defined herein.
Upon conviction, a violation of this article
shall be deemed an offense and punishable by a fine not exceeding
$25 for the first offense and $50 for each offense thereafter.