[Adopted 6-11-1981]
The Town of Somers, New York, finds that the
running at large and other uncontrolled behavior of dogs has caused
physical harm to persons, caused damage to property and created nuisances
within the Town. The purpose of this article is to protect the health,
safety and well-being of persons and property by imposing restrictions
upon the keeping or running at large of dogs and regulations concerning
the seizure thereof within the Town.
This article is enacted pursuant to the provisions
of § 124 of Article 7 of the Agriculture and Markets Law.
The title of this article shall be the "Dog
Control Ordinance of the Town of Somers, New York."
As used in this article, the following terms
shall have the meanings indicated:
Any dog that is unleashed and on property open to the public
or is on private property not owned or leased by the owner of the
dog unless permission for such presence has been obtained. No dog
shall be deemed to be at large if it is:
Accompanied by and under the immediate supervision
and control of the owner or other responsible person.
A police work dog in use for police work.
Accompanied by its owner or other responsible
person and is actively engaged in hunting or training for hunting
on unposted land or on posted land with the permission of the owner
of the land.
To provide food or shelter to any dog.
Any person who harbors or keeps any dog. In the event that
any dog found not conforming to the restrictions of this article shall
be owned by a person under 18 years of age, the owner shall be deemed
to be the parent or guardian of such person.
[Amended 11-14-1991 by L.L. No. 9-1991]
It shall be unlawful for the owner or the person
in charge of any dog to permit or allow such dog in the Town of Somers
to:
A.
Run at large anywhere in the Town of Somers, except
upon the property of the dog owner, unless such dog shall be effectively
restrained by a leash not exceeding six feet in length and/or in charge
and under the control of a competent person. Any dog not so restrained
shall be seized and disposed of as provided in the Agriculture and
Markets Law, as now in effect or as hereafter amended from time to
time.
[Amended 6-11-1992 by L.L. No. 7-1992]
B.
Engage in habitual loud howling, barking, crying or
whining or to conduct itself in such a manner so as to unreasonably
and habitually annoy any person.
C.
Cause damage or destruction to property or to commit
a nuisance or to defecate or to urinate upon the premises of an individual
other than the owner of such dog.
D.
Chase or otherwise harass any person in such a manner
as reasonably to cause intimidation or to put such person in reasonable
apprehension of bodily harm or injury.
E.
Habitually chase, run alongside of or bark at motor
vehicles or bicycles.
F.
Run at large when in heat or be outside the confines
of the enclosed property or the premises of the owner or of a veterinarian
or of a boarding kennel during such period, unless in transit under
supervision.
G.
Kill or injure any dog, cat or other household pet.
This article shall be enforced by any dog control
officer, peace officer when acting pursuant to his special duties
or police officer in the employ of or under contract to the Town of
Somers.
A.
Any dog found not conforming to the restrictions of the provisions of § 86-5 of this article may be seized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
B.
Every dog seized shall be properly cared for, sheltered,
fed and watered for the redemption period set forth in § 118
of the Agriculture and Markets Law.
C.
Seized dogs may be redeemed by producing proof of
licensing and identification pursuant to the provisions of Article
7 of the Agriculture and Markets Law and by paying the impoundment
fee set forth in Schedule A.[1] Subsequent amendments to Schedule A may be by Town Board
resolution.
[Amended 10-17-1991 by L.L. No. 7-1991; 5-12-1994 by L.L. No. 1-1994; 12-9-2010 by L.L. No. 10-2010]
[1]
Editor's Note: The current fee schedule is on file in the
Town offices.
D.
Any dog unredeemed at the expiration of the appropriate
redemption period will be made available for adoption or euthanized
pursuant to the provisions of § 118 of the Agriculture and
Markets Law.
No person shall hinder, resist or oppose the
dog control officer, peace officer or other person(s) authorized to
administer or enforce the provisions of this article in the performance
of the officer's duties under this article.
Any person who observes a dog in violation of
this article may file a complaint under oath with a Justice of the
Town of Somers specifying the nature of the violation, the date thereof,
a description of the dog and the name and residence, if known, of
the owner of such dog. Such complaint may serve as the basis for enforcing
the provisions of this article.
Any dog control officer, peace officer when
acting pursuant to his special duties or police officer in the employ
of or under contract to the Town of Somers observing a violation of
this article in his presence shall issue and serve an appearance ticket
for such violations.
[Amended 12-9-2010 by L.L. No. 10-2010]
An offense against this chapter shall be deemed
a violation, and a person convicted of such an offense shall be liable
to a fine of $50 for a first violation within a twelve-month period;
to a fine of $100 for a second violation within a twelve-month period;
and to a fine of $150 for a third or subsequent violation within a
twelve-month period.
