[Adopted 12-1-1994 by L.L. No. 1-1994]
It is the purpose of this article to provide
that all dogs be restrained by a leash while off the owner's premises
in designated residential areas in accordance with Article 7 of the
Agriculture and Markets Law of the State of New York. It is also the
purpose of this article to regulate the barking of all dogs in designated
residential areas for the health and general welfare of the public.
As used in this article, unless otherwise expressly
stated or unless the context or subject matter requires otherwise,
the following terms shall have the meanings indicated:
Any member of the species canis familiaris.
Any individual appointed by a municipality to assist in the
enforcement of said Article 7 or any authorized officer, agent or
employee of an incorporated humane society or similar incorporated
dog protective association under contract with a municipality to assist
in the enforcement of said Article 7.
To provide food or shelter to any dog.
A tag which sets forth an official identification number
as required by the provisions of said Article 7.
Any dog carrying an identification tag as provided in § 112
of said Article 7.
Any person who harbors or keeps any dog.
Any individual, corporation, partnership, association, or
other organized group of persons, municipality, or other legal entity.
A dog shall be deemed to be under restraint if on the premises
of its owner or if accompanied by a responsible person and under that
person's control.
A.
Applicability. This § 105-3 shall apply to all dogs within the Town of Sullivan, outside the Village of Chittenango, within the MR-12 Zones described herein, whether or not the dog is licensed or has an identification tag, to wit:
(1)
The MR-12 Zone bounded on the north by the south shore
of Oneida Lake, on the south by New York State Route 31, on the east
by Syracuse Herald Avenue, and on the west by Jefferson Avenue; and
(2)
The MR-12 Zone bounded on the north by the south shore
of Oneida Lake, on the south by New York State Route 31, on the east
by a line drawn 500 feet easterly of and parallel to the easterly
line of Lestina Road, and on the west by a line drawn 500 feet westerly
of and parallel to the westerly line of Lestina Road; and
(3)
The MR-12 Zone bounded on the north by the south shore
of Oneida Lake, on the south by a line drawn 400 feet southerly of
and parallel to the southerly line of Lestina Beach Road, on the east
by the easterly line of Lestina Beach Road and the prolongation thereof
extending from the south shore of Oneida Lake to a point 400 feet
southerly of the southerly line of Lestina Beach Road, and on the
west by the westerly line of Lestina Beach Road and the prolongation
thereof extending from the south shore of Oneida Lake to a point 400
feet southerly of Lestina Beach Road.
B.
Restraint required. All dogs harbored within the preceding
MR-12 Zones shall be kept under restraint, whether or not the dog
is licensed or has an identification tag.
C.
Violation. It shall be a violation of this § 105-3 to permit any dog to run at large off the owner's premises. No dog shall be permitted off the owner's premises except when such dog is restrained by a leash or accompanied by a responsible person and under that person's control.
D.
Seizure of unleashed dogs; redemption period; impounding
fees; forfeit title.
[Amended 3-4-1998 by L.L. No. 1-1998]
(1)
Each dog seized in accordance with the provisions
of Article 7 of the Agriculture and Markets Law shall be properly
sheltered, fed, and watered for the redemption period as hereinafter
provided. Each dog which is not identified, whether licensed or not,
shall be held for a period of five business 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 the Agriculture
and Markets Law, and further provided that the owner first pays the
following impoundment fees and costs to the Town Clerk:
(a)
Twenty dollars for the first 24 hours or part
thereof and $3 for each additional 24 hours or part thereof for the
first impoundment of any dog owned by that person.
(b)
Fifty dollars for the first 24 hours or part
thereof and $3 for each additional 24 hours or part thereof for the
second impoundment within one year of the first impoundment of any
dog owned by that person.
[Amended 11-7-2007 by L.L. No. 4-2007]
(c)
One hundred dollars for the first 24 hours or
part thereof and $3 for each additional 24 hours or part thereof for
the third and subsequent impoundment within one year of the first
impoundment of any dog owned by that person.
[Amended 11-7-2007 by L.L. No. 4-2007]
(d)
All other costs, including veterinarian charges,
arising out of the seizure of a dog as provided by this article.
(e)
If the owner of any unredeemed dog is known,
such owner shall be required to pay the impoundment fee and costs
set forth in this section whether or not the owner chooses to redeem
the dog.
(f)
All fees as hereinbefore provided shall be payable
to the Town Clerk.
(2)
Promptly upon the seizure of any identified dog, the
owner of such dog shall be notified personally or by certified mail,
return receipt requested, of the facts of the seizure and the procedure
for redemption. If notification is personally given, each dog shall
be held for a period of seven days after the day of notice. If such
notification is made by mail, such dog shall be held for a period
of 10 days from the date of mailing, during which period the dog may
be redeemed by the owner. In either case, the owner may redeem such
dog upon payment to the Town Clerk of the impoundment fees herein
prescribed and by producing proof that the dog has been licensed.
(3)
An owner shall forfeit title to any dog unredeemed
at the expiration of the appropriate redemption period.
E.
Penalties. Any person convicted of a violation of any provisions of this § 105-3 shall be punished by:
[Amended 3-4-1998 by L.L. No. 1-1998]
(1)
A fine up to $25 for a first violation;
(2)
A fine up to $75 for a second violation within the
preceding one year;
(3)
A fine up to $200 for a third violation within the
preceding five years;
(4)
For a third violation in one year, such dog may, at
the discretion of the Town Justice, be made available for adoption
or euthanized in accordance with Article 7 of the Agriculture and
Markets Law.
A.
Applicability. This § 105-4 shall apply to all dogs within the Town of Sullivan, outside the Village of Chittenango, within the MR-12 Z described herein, whether or not the dog is licensed or has an identification tag, to wit:
(1)
The MR-12 Zone bounded on the north by the south shore
of Oneida Lake, on the south by New York State Route 31, on the east
by Syracuse Herald Avenue, and on the west by Jefferson Avenue; and
(2)
The MR-12 Zone bounded on the north by the south shore
of Oneida Lake, on the south by New York State Route 31, on the east
by a line drawn 500 feet easterly of and parallel to the easterly
line of Lestina Road, and on the west by a line drawn 500 feet westerly
of and parallel to the westerly line of Lestina Road; and
(3)
The MR-12 Zone bounded on the north by the south shore
of Oneida Lake, on the south by a line drawn 400 feet southerly of
and parallel to the southerly line of Lestina Beach Road, on the east
by the easterly line of Lestina Beach Road and the prolongation thereof
extending from the south shore of Oneida Lake to a point 400 feet
southerly of the southerly line of Lestina Beach Road, and on the
west by the westerly line of Lestina Beach Road and the prolongation
thereof extending from the south shore of Oneida Lake to a point 400
feet southerly of Lestina Beach Road.
B.
Regulation of barking dogs. No person shall keep or harbor a dog within the preceding MR-12 Zones (Subsection A) which, when unprovoked, howls, whines or barks loudly, habitually, or continuously so as to disturb the peace and quiet of other persons.
D.
Penalties. Any person convicted of a violation of any provisions of this § 105-4 shall be punished by:
[Amended 3-4-1998 by L.L. No. 1-1998]
(1)
A fine up to $25 for a first violation;
(2)
A fine up to $75 for a second violation within the
preceding one year;
(3)
A fine up to $200 for a third violation within the
preceding five years;
(4)
For a third violation in one year, such dog may, at
the discretion of the Town Justice, be made available for adoption
or euthanized in accordance with Article 7 of the Agriculture and
Markets Law.
