[Adopted 1-8-1992]
This article shall be known and may be cited
as the "Dog Control Ordinance of the Town of West Bloomfield."
The purpose of this article shall be to preserve
the public peace and good order in the Town of West Bloomfield and
to contribute to the public welfare, safety and good order of its
people by enforcing certain restrictions on the activities of dogs,
consistent with the rights and privileges of the owners of dogs and
of the other citizens of the Town of West Bloomfield.
As used in this article, the following terms
shall have the meanings indicated:
Any dog shall be deemed to be at large if not accompanied
by a person who:
Is in full control of the dog;
Is providing restraint of the dog by secure
leash or lead; or
Has confined the dog to an enclosure, such as
a cage or motor vehicle, in such a manner that the dog may not roam
freely upon public or private lands elsewhere than on the premises
of the owner or on the premises of another responsible person who
has knowledge of the dog's presence and who assents thereto.
Any member of the species Canis familiaris.
Any person who owns, keeps, harbors or has the care, custody
or control of a dog. Dogs owned by minors under 18 years of age shall
be deemed to be in the custody and control of parents or other heads
of the households where the minors reside. Any person harboring a
dog for a period of one week prior to the filing of any complaint
charging a violation of this article shall be deemed to be the owner
of the dog for the purposes of this article.
A.Â
No person shall permit a dog to be at large within
the limits of the Town of West Bloomfield.
B.Â
No dog shall be at large within the limits of the
Town of West Bloomfield.
C.Â
Every female dog in heat shall be confined in a building
or secure enclosure in such a manner that such female dog cannot come
into contact with another animal except for planned breeding.
A.Â
Enforcement officers. The provisions of this article
may be enforced by any person, municipality or organization for the
prevention of cruelty to animals, appointed by law by or pursuant
to contract with the Town of West Bloomfield.
B.Â
Appearance tickets and process. Any person or entity
authorized to enforce this article may issue appearance tickets therefor,
pursuant to the Criminal Procedure Law, may issue said tickets for
any violation of Article 7 of the Agriculture and Markets Law of the
State of New York, and is hereby authorized to serve any process relating
to any proceeding, whether civil or criminal in nature, in accordance
with the provisions of this article. In the event that an appearance
ticket is unanswered, the Justice Court shall permit the filing of
an information from the appropriate enforcement person and issue a
warrant of arrest for the alleged violator.
C.Â
Seizure. Any dog found to be at large in the Town
of West Bloomfield shall be seized, and properly fed and cared for,
until redeemed or disposed of in accordance with the provisions of
the Agriculture and Markets Law. Each such dog shall be held for a
period of five to nine days, in accordance with the provisions of
§ 118 of the Agriculture and Markets Law. Upon presentation
of a valid license, and upon payment of the impoundment fees established
by the aforesaid section, an owner may redeem such dog. In the event
that a dog is not redeemed within the statutory time period, an owner
forfeits title to said dog, which shall then be made available for
adoption or euthanized in accordance with law. The seizure of any
dog shall not relieve any person of prosecution for violation of this
article.
D.Â
Commencement of proceedings. Any person found to have
permitted any dog to be at large in the Town of West Bloomfield shall
be issued an appearance ticket for violation of this article, and
shall be prosecuted in the manner herein provided.
E.Â
Prosecution of violations. Except as otherwise provided
in § 119 of the Agriculture and Markets Law, pursuant to
the Penal Law of the State of New York, a violation of this article
shall be punishable by a fine of not more than $25, except that where
the person was found to have violated this article or Article 7 of
the Agriculture and Markets Law within the preceding five years, the
fine may be not more than $50, and 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 $100 or imprisonment
for not more than 15 days, or both.
[Amended 5-12-1999 by L.L. No. 2-1999]