[Adopted 5-10-1976; amended in its entirety 12-15-2010 by L.L. No.
2-2010]
This article shall be known as the "Dog Control Law of the Town
of Ontario, New York."
The purpose of this article shall be to preserve the public
peace and good order in the Town and to contribute to the public welfare,
safety and good order of its people by establishing certain regulations
and restrictions on the activities of dogs that are consistent with
the rights and privileges of owners of dogs and of other residents
of the Town of Ontario.
As used in this article, the following terms shall have the
meanings indicated:
A dog shall be deemed to be "at large" if not under the control
of the owner or his agent and elsewhere than on the premises of the
owner or on the premises of another who has knowledge of the dog's
presence thereon and assents thereto.
Includes any dog of either sex and of any age, unless otherwise
indicated herein.
Any person(s) appointed by the Ontario Town Board in accordance
with § 113 of the Agriculture and Markets Law.
Includes any person who owns, keeps or harbors or has care
of a dog. Dogs owned by minors shall be deemed to be in the custody
and control of the minor's parents or other head of the household
where the minor resides.
A.
No dog shall be permitted to run at large within the Town of Ontario.
B.
No dog shall be permitted upon the public streets or upon any public
property or within public buildings within the Town of Ontario unless
it shall be accompanied by an adult or by a minor who is able to restrain
and control said dog and unless such person accompanying said dog
shall actually control and restrain said dog.
No person being the owner or agent of the owner of any dog shall
permit such dog to commit any nuisance within the Town of Ontario
or cause damage to the person or property of others. The following
are declared public nuisances and are set forth herein for explanatory
purposes only and are not to be considered as excluding other types
of nuisances:
A.
Engaging in loud howling or habitual barking or so conducting itself
so as to disturb the public peace.
B.
Chasing and/or barking at moving vehicles or persons on foot.
C.
Jumping upon any person or knocking any person over.
D.
Causing damage to property of others.
E.
Depositing waste on the private property of another who does not
have knowledge of the dog's presence thereon and does not assent
thereto.
Any dog which shall attack any person or domestic animal within
the meaning of Article 7 of the Agriculture and Markets Law of the
State of New York shall be dealt with in accordance with Article 7
of the Agriculture and Markets Law.
The Dog Control Officer or a law enforcement officer shall investigate
all written complaints and seize any dog which is found at large within
the Town of Ontario in violation of this article, as well as any dog
or dogs otherwise required to be seized under and by virtue of Article
7 of the Agriculture and Markets Law of the State of New York.
A.
Every dog seized shall be properly sheltered, fed and watered at
the expense of the Town until disposition thereof is made as herein
provided. The redemption of a seized dog shall be in conformance with
and pursuant to the provisions of Article 7 of the Agriculture and
Markets Law of New York both as to licensed and unlicensed dogs.
B.
In the event that the dog seized is identified, the Dog Control Officer
shall attempt to ascertain the owner of the dog and shall give immediate
notice, either personally or in writing, by certified mail, return
receipt requested, stating that dog has been seized and that the dog
will be destroyed or made available for adoption unless redeemed with
the period hereinafter provided.
C.
The owner of a dog seized may redeem the dog within seven days of
personal service of such notice, or if notice is given by mail, within
nine days. Each dog which is not identified or whose owner is not
identified, whether or not licensed, shall be held for a period of
five days from the day seized during which period the dog may be redeemed
by its owner, provided that such owner produces proof that the dog
has been licensed and has been identified pursuant to the provisions
of Article 7 of the Agriculture and Markets Law. At the time of redemption,
the owner shall pay to the Town Clerk impoundment fees in sums as
set forth in the Town of Ontario Fee Schedule approved by resolution
of the Town Board on file with the Town Clerk.
D.
For a second and subsequent violations by one owner within a one-year
period, the Dog Control Officer shall, upon determination and identification
of the dog, seize and take into custody said dog and serve personally
or by certified mail, return receipt requested, a notice of second
violation upon the owner of said dog, specifying the time, place and
nature of said violation. Such notice shall instruct the owner to
report to the Town Clerk of the Town of Ontario in regard to said
violation. The owner of such dog may redeem the dog within seven days
of personal service of such notice, or if notice is given by mail,
within nine days, by paying to the Town Clerk as penalty and impoundment
fees in sums as set forth in the Town of Ontario Fee Schedule approved
by resolution of the Town Board on file with the Town Clerk. The failure
of the owner to make such payment within the required period shall
render the owner subject to the penalties hereinafter provided.
E.
If any dog so seized is not redeemed within the time hereinbefore
set forth, the owner shall forfeit all title to the dog, and the dog
shall be sold by the Town, made available for adoption or euthanized.
In the case of sale, the purchaser must pay the cost of seizure to
the Town Clerk and obtain a license for such dog. In case the dog
shall be destroyed, the Dog Control Officer or officer who destroys
the dog shall immediately dispose of the carcass and make a written
report of such destruction and disposition to the Town Clerk, who
shall keep a record thereof. The owner of a dog so euthanized shall
pay the Town Clerk the cost of seizure, kennelling and euthanization
of such dog, and such costs may be recovered by the Town in a civil
action brought in the name of the Town before a Town Justice in the
Town of Ontario.
F.
The euthanization of any dog seized by the Dog Control Officer or
a law enforcement officer as herein provided shall be accomplished
by approved humane methods. No dog seized hereunder shall be sold
or surrendered to any person, firm, organization or institution for
experimental use.
Any dog reported by the owner to the Dog Control Officer as
being lost or stolen and later recovered by the Dog Control Officer
or officer shall not be subject to the fees hereinbefore established
if said dog is redeemed within two days of notice of recovery.
It shall be the duty of any Dog Control Officer or a law enforcement
officer within the Town of Ontario to enforce the provisions of this
chapter as well as Article 7 of the Agriculture and Markets Law of
the State of New York with respect to dogs in the Town of Ontario.
A.
The Ontario Town Board shall appoint a Dog Control Officer, and may
choose to appoint one or more Deputy Dog Control Officers to assist
the Dog Control Officer or act in his or her absence.
B.
The Dog Control Officer shall be empowered as prescribed by New York
State Agriculture and Markets Law § 113.
C.
The Dog Control Officer shall have the duty of enforcing this chapter
and making such reports required by the Town Board in addition to
other duties assigned by law and as may be specified in a written
agreement approved by the Town Board of Ontario.
D.
The Dog Control Officer shall also administer any responsibilities
of the Town for rabies response pursuant to Article 21, Title IV,
of the New York State Public Health Law.
E.
The Dog Control Officer and any Deputy Dog Control Officers shall
all be appointed by and serve at the pleasure of the Town Board.
F.
Neither the Dog Control Officer, nor any Deputy Dog Control Officer,
need be a resident or elector of the Town of Ontario, provided that
she or he resides in Wayne or Monroe County in the State of New York.
G.
In lieu of or in addition to the appointment of a Dog Control Officer,
the Town may contract with another municipality within Wayne County
or an incorporated humane society or similar incorporated dog protective
association to provide the services of, and exercise the powers of,
the Dog Control Officer.
H.
Every dog seized by the Dog Control Officer shall be maintained,
redeemed, sold or destroyed in accordance with Article 7 of the Agriculture
and Markets Law of the State of New York.
I.
The Dog Control Officer shall pursue all nonpayment of fees and violations
with a Town Justice of the Town of Ontario.
Any violation of this law or § 118(1) of the New York
Agriculture and Markets Law may be prosecuted either as a violation,
as defined by the New York Penal Law, or as a civil offense. Such
violation shall be punishable as follows:
A.
Where prosecuted as a violation, by a fine of not less than $25,
nor more than $250, or by imprisonment for not exceeding 15 days,
or both such fine and imprisonment, except that where the person was
found to have violated this law or Article 7 of the New York Agriculture
and Markets Law in the preceding five years, the fine shall not be
less than $50, and where the person was found to have committed two
or more such violations within the preceding five years, the fine
shall not be less than $100.
B.
Where prosecuted as a civil offense, by a civil penalty of not less
than $100, except that where the person was found to have violated
this law or Article 7 of the New York Agriculture and Markets Law
in the preceding five years, the civil penalty shall be not less than
$50, and where the person was found to have committed two or more
such violations within the preceding five years, the civil penalty
shall be not less than $100.
