As used in this article, the following terms
shall have the meanings indicated:
AGGRIEVED PERSON
Any person who is wronged, damaged or injured by a dog violating
this article.
AT LARGE
Any dog that is unsupervised and on property open to the
public or is on private property not owned or leased by the owner
of the dog unless verified permission for such presence has been obtained.
No dog shall be deemed to be at large if it is:
A.
Accompanied by and under the immediate supervision and control
of the owner or other responsible person;
B.
A police work dog in use for police work;
C.
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; or
D.
On a public highway traveling from private property owned or
leased by the owner of the dog, or for which verified permission for
the dog's presence has been obtained, to like private property.
DOG
Any members of the species canis familiaris.
HARBOR
To provide food or shelter to any dog.
OWNER
Any person who harbors or keeps any dog. In the event any
dog found in violation 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, or the head of the household in which
said person resides, all as defined in Article 7 of the Agriculture
and Markets Law.
It shall be unlawful for any owner of any dog
to permit or allow such dog, in the Town of Sullivan, outside of the
Village of Chittenango, to:
B. Engage in loud howling, barking, crying, or whining
in such a manner so as to continually disturb the peace and quiet
of others;
C. Cause damage or destruction to property, or commit
a nuisance by defecating or urinating upon the premises of a person,
other than the owner of such dog or leased by the owner of the dog;
or
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, other than upon the premises
of the owner of such dog or leased by the owner of the dog.
In any enforcement proceeding hereunder, it
shall be presumed that an unsupervised dog on the premises of one
other than its owner is there without consent of the owner of such
premises, unless the owner of the dog proves such consent.
Any person convicted of a violation of any provisions
of this article shall be punished by:
A. A fine up to $25 for a first violation;
B. A fine up to $75 for a second violation within the
preceding one year;
C. A fine up to $200 for a third violation within the
preceding five years;
D. For a third violation in one year as aforesaid, 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.
All requests made to the Town Board for the
modification or amendment of this article shall first be referred
to the Citizens Dog Law Review Committee, as from time to time constituted,
for its review and recommendation.