[Adopted 12-3-1997 by L.L. No. 3-1997]
A.
The purpose of this article is to protect the health,
safety, and well-being of persons and property by imposing restrictions
and regulations upon keeping or running at large of dogs and the seizure
thereof within the Town of Sullivan, outside the Village of Chittenango
and the designated residential areas governed by Local Law No. 2-1993.[1]
B.
This article is enacted pursuant to the provisions
of § 124 of Article 7 of the Agriculture and Markets Law.
C.
The title of this article is the "Town of Sullivan
Dog Control Local Law."
As used in this article, the following terms
shall have the meanings indicated:
Any person who is wronged, damaged or injured by a dog violating
this article.
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:
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; or
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.
Any members of the species canis familiaris.
To provide food or shelter to any dog.
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:
A.
Be at large;
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.
A.
Each dog seized in accordance with the provisions
of Article 7 of the Agriculture and Markets Law or the provisions
of this article 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:
(1)
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.
(2)
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 8-1-2007 by L.L. No. 2-2007]
(3)
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 8-1-2007 by L.L. No. 2-2007]
(4)
All other costs, including veterinarian charges, arising
out of the seizure of a dog as provided by this article.
(5)
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 § 105-9, whether or not the owner chooses to redeem the dog.
(6)
All fees as hereinbefore provided shall be payable
to the Town Clerk.
B.
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.
C.
An owner shall forfeit title to any dog unredeemed
at the expiration of the appropriate redemption period.
A.
An aggrieved person may file a complaint, signed under
oath, with the Town Justice, specifying the violation, the date thereof,
the damage, if any, caused, a description of the dog, and the name
and residence address, if known, of the owner or other person harboring
the dog alleged to have violated this article.
B.
Upon receipt by the Town Justice of the complaint provided for in Subsection A, the Town Justice shall, upon a minimum of three days' notice, summon the alleged owner or other person harboring the dog alleged to have violated this article to appear in person before him to answer the complaint. If the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person.
C.
Nothing herein contained shall be deemed to prevent
the Dog Control Officer or Animal Control Officer of the Town from
enforcing Article 7 of the Agriculture and Markets Law and this article.
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.
