A. 
The Animal Control Officer or other law enforcement officer observing a violation of this chapter in his presence shall issue and serve an appearance ticket for such violation.
B. 
The Animal Control Officer or other law enforcement officer may also investigate and report to the Town of Kingsbury Court ("the Court") any dangerous dog, as described in Article 7 of the Agricultural and Markets Law and defined herein, and see that the order of the Court in such case is carried out.
A. 
Any person who observes a violation of any provision of this chapter may file a signed complaint, under oath, with the Court, specifying the objectionable conduct; the date(s) thereof; the damage caused; a description of the animal; and the name and residence, if known, of the owner of such animal or other person harboring such animal.
B. 
Any person who is attacked, chased or otherwise harassed by any dog in such a manner as to reasonably cause intimidation or to put such person in reasonable apprehension of bodily harm or injury, or any person who witnesses a dog attacking, chasing or worrying any domestic animal, as defined in § 108 of the Agricultural and Markets Law, may file a signed complaint, under oath, with the Court, stating the specific objectionable conduct of the dog; the date thereof; the place of occurrence; a description of the dog; the name and residence, if known, of the person harassed; and the owner or other person harboring said dog; or, in the alternative, the person harassed by a dog may file with the Court an information charging a violation of this chapter.
A. 
The Court shall have jurisdiction to hear all complaints filed as herein provided and all actions and proceedings hereunder and of all prosecutions for any violation of this chapter.
B. 
Upon receipt by the Court of any complaint against the conduct of a particular dog, the Court may summon the alleged owner of the dog, or other person harboring such dog, to appear in person before the Court. If the summons is disregarded, the Court may permit the filing of an information and issue a warrant for the arrest of such person.
A. 
Procedures relating to dangerous dogs shall be in accordance with the relevant provisions of the Agricultural and Markets Law.
B. 
In the event of a complaint of an attack upon a person or of an attack, chase or worrying of a domestic animal, the Court shall immediately determine if there is probable cause to believe the dog is a dangerous dog, and upon so finding, shall order the Animal Control Officer or law enforcement officer to immediately seize the dog pending a judicial hearing conducted in accordance with the provisions of the Agricultural and Markets Law.
C. 
If satisfied that said dog is a dangerous dog, the Court may order the Animal Control Officer or other law enforcement to take any action consistent with the provisions of the Agricultural and Markets Law, including the destruction of the dog, or take any other action prescribed herein. In the event that any person is bitten or scratched by said dog, the Court shall order the dog tested for rabies or quarantined for a period of 10 days. The rabies testing and/or quarantine shall be at the owner's expense.
D. 
In the event that the Court does not order the dog destroyed and determines that said dog is a dangerous dog within the meaning of the Agricultural and Markets Law, the owner of the dog shall be required to:
(1) 
Maintain liability insurance, which insurance must specifically cover damage or injury to person or property which may be caused by a dangerous dog.
(2) 
Muzzle the dog when in all public places.
(3) 
Post the property where the dog is located with a notice of "Dangerous Dog."
E. 
Upon default of any of the conditions of a court order, said dangerous dog shall be dealt with in accordance with the law and without the need for further process of the Court.
A. 
An offense against any provision of this chapter shall be punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of three years, punishable by a fine of not less than $250 nor more than $500 or imprisonment for a period not to exceed 30 days, or both; and upon conviction for a third offense or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $500 nor more than $750 or imprisonment for a period not to exceed 60 days, or both.
[Amended 8-14-2000 by L.L. No. 9-2000; 10-12-2004 by L.L. No. 6-2004]
B. 
In addition to the penalties imposed for violations of this chapter, the person found to have violated this chapter must pay administrative fines as set forth hereinafter for the cost of seizure and kennel fees.
C. 
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
D. 
Upon presentation of proof of payment of any and all fines and/or penalties, the Animal Control Officer or other law enforcement officer shall release any dog impounded to its owner or harborer, provided that the release of the dog is consistent with any Court determination made with respect to the dog.
E. 
Any person violating any provision of this chapter shall be and hereby is declared a disorderly person and such violation shall constitute disorderly conduct under the New York State Penal Law.
The Animal Control Officer or any other law enforcement officer shall seize any dog which is found at large within the Village in violation of this chapter, as well as any dog(s) otherwise required to be seized under and by virtue of the provisions of this chapter and the Agriculture and Markets Law.
The care, impoundment and redemption of any dog shall be in accordance with the relevant provisions of Chapter 40 of the Town of Kingsbury Code.
All impoundment fees, including all seizure and kennel fees and all fines and/or penalties levied or assessed by the Court pursuant to this chapter shall be the property of the Town of Kingsbury.