[Amended 3-25-1996]
This article shall be known as the "Dog Ordinance
of the Town of Cicero."
This article shall apply to all dogs harbored
within the Town of Cicero, whether or not tagged or licensed.
[Amended 3-25-1996]
It shall be unlawful for any owner of a dog
in the Town of Cicero to permit or allow such dog to:
A.
Run at large off of owner's premises. No dog shall
be permitted off the owner's premises except when such dog is leashed.
The term "leashed" shall mean restrained by a leash, attached to a
collar or harness of sufficient strength to restrain the dog and which
shall be held by a person having the ability to control the dog.
B.
Engage in habitual loud barking, howling, crying or
whining or to conduct itself in such a manner as to habitually annoy
any person other than the owner or harborer of the dog, after first
having had notice that said dog was making such noises and failed
to stop or prevent the same. For the purpose of this article, a "barking
dog" may be defined as a dog that barks continuously for 10 minutes
or intermittently for 30 minutes. (To be enforced by the Dog Control
Officer during regular business hours.)
C.
Kill or injure any dog, cat or other household pet.
D.
Cause damage or destruction to public or private property
or commit a nuisance by defecating or urinating upon public property
or the property of someone other than the owner or harborer of the
dog.
E.
Bite, chase, jump upon or otherwise harass any person
in such a manner as to cause intimidation or to put such a person
in reasonable apprehension of bodily harm or injury.
This article shall not apply to hunting dogs
while engaged in hunting accompanied by and in control of the owner.
[Amended 10-8-1970; 3-25-1996]
Any peace officer or designated representative
of the Commissioner of Agriculture and Markets may seize any unleashed
dogs running at large off the owner's premises as provided for in
§ 118 of the Agriculture and Markets Law of the State of
New York.
[Amended 12-8-1975; 10-8-1979; 12-22-1980; 3-25-1996]
A.
A violation of this article shall constitute an offense
punishable by the issuance of an appearance ticket and maximum fines
of $50 for the first offense, $100 for the second offense and $250
for the third offense. Upon the fourth offense, the town will have
the right to pick up the dog.
B.
To plead guilty, complete the appearance ticket and
mail your certified check or money order in the appropriate amount
payable to Cicero Town Court within five days of the alleged violation
by registered or certified mail, return receipt requested, together
with the appearance ticket.
C.
To plead not guilty:
(1)
Send your not-guilty plea together with the completed
appearance ticket and a certified check or money order for $15 as
security payable to Cicero Town Court within five days of the alleged
violation by registered or certified mail, return receipt requested.
(2)
The Court will thereafter advise you by return mail
of the new date for your trial. Your failure to appear will forfeit
your $15 security and a summons or warrant of arrest may be issued
pursuant to the Criminal Procedure Law.
D.
The fee to redeem a dog that has been seized and placed
in the S.P.C.A. by the Town of Cicero Dog Control Officer or authorized
agent of the Town of Cicero is a sum as separately established by
the Town Board by resolution, payable to the Cicero Town Clerk.
[Amended 2-22-1999; 12-11-2000 by L.L. No.
9-2000]
