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:
AT LARGE
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.
DOG
Includes any dog of either sex and of any age, unless otherwise
indicated herein.
DOG CONTROL OFFICER
Any person(s) appointed by the Ontario Town Board in accordance
with § 113 of the Agriculture and Markets Law.
OWNER
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.
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.
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.
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.