[Adopted 3-15-1983 by L.L. No. 1-1983
(Ch. 11, Art. I, of the 1969 Code); amended in its
entirety 11-16-2010 by L.L. No.
10-2015]
The purpose of this article is to protect the health, safety
and general welfare of the inhabitants of the Town of Binghamton by
enforcing regulations on the licensing and activities of dogs in said
Town of Binghamton so as to afford consistent protection to the person
and property of the inhabitants thereof, including the rights and
privileges of owners of dogs, the residents and the inhabitants of
said Town of Binghamton.
This article is enacted pursuant to the provisions of Article
7 of the Agriculture and Markets Law and the Municipal Home Rule Law
of the State of New York.
The title of this article shall be the "Dog Control Law of the
Town of Binghamton."
As used in this article, the following words shall have the
following respective meanings:
DOG
Male and female, licensed and unlicensed, members of the
species Canis familiaris.
DOG CONTROL OFFICER
The Dog Control Officer or Code Enforcement Officer of the
Town of Binghamton appointed by the Town Board pursuant to § 114
of the Agriculture and Markets Law.
IDENTIFICATION TAG
A tag issued by the Town of Binghamton which sets forth an
identification number, together with the name of the municipality,
the State of New York, contact information, including telephone number
for the municipality, and such other information as the licensing
municipality deems appropriate.
OWNER
The person entitled to claim lawful custody and possession
of a dog and who is responsible for purchasing the license for such
dog, unless the dog is or has been lost and such loss was promptly
reported to the Dog Control Officer and a reasonable search has been
made. If a dog is not licensed, the term "owner" shall designate and
cover any person or persons, firm, association or corporation who
or which at anytime owns or has custody or control of, harbors or
is otherwise responsible for any dog which is kept, brought or comes
within the Town. Any person owning or harboring a dog for a period
of one week prior to the filing of any complaint charging a violation
of this article shall be held and deemed to be the owner of such dog
for the purpose of this article. In the event that the owner of any
dog found to be in violation of this article shall be under 18 years
of age, the head of the household in which said minor resides shall
be deemed to have custody and control of said dog and shall be responsible
for any acts of said dog and violation of this article.
RUN AT LARGE
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
TOWN
The Town of Binghamton.
It shall be unlawful for any owner of any dog in the Town to
permit or allow such dog to:
A. Run at large, unless the dog is restrained by an adequate collar
and leash and accompanied by its owner or a responsible person and
under the full control of such owner or person. For the purpose of
this article, a dog or dogs hunting in the company of a hunter or
hunters shall be considered as accompanied by their owner and not
required to be leashed while hunting.
B. Be a public nuisance. It is hereby expressly declared that any dog
which engages in loud howling, barking, crying or whining so as to
unreasonably annoy any person is a public nuisance. It shall be unlawful
for any person to own or possess a dog which is a public nuisance
as herein defined.
C. Uproot, dig or otherwise damage any vegetables, lawns, flowers, garden
beds or other property without the consent or approval of the owner
thereof.
D. Chase, jump upon or at or otherwise harass any person in such a manner
as to reasonably cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm or injury.
E. Habitually chase, run alongside of or bark at motor vehicles, motorcycles
or bicycles while on a public street, highway or place, or upon private
property without the consent or approval of the owner of such property.
F. Create a nuisance by defecating, urinating or digging on public property,
or on private property without the consent or approval of the owner
of such property. The owner shall immediately remove all feces left
by such animal, depositing the same directly into an airtight container
or bag, which shall then be deposited into a container used for the
disposal of refuse. In no event shall any feces be deposited in sewers
or drains, whether storm or sanitary.
G. Commit a nuisance on the property of the person owning or person
harboring or housing custody of such dog which nuisance may reasonably
be expected to create odors, insects or other health matters which
will interfere with the health, safety, welfare and comfort of adjoining
property owners or property users.
Dogs participating in training at a Town-approved dog training facility shall be exempt from §
88-5B between the hours of 7:00 a.m. and 10:00 p.m.
It shall be unlawful for any person owning or having possession
of any female dog in heat to permit the same to run at large, as the
phrase has been heretofore defined herein, or to run loose on or within
the premises of such person. The term "running loose" is defined for
the purposes of this section as being outside of a house, closed garage,
closed building or other enclosure upon the owner's premises, whether
tied or not.
The Dog Control Officer, Deputy Dog Control Officer(s), Town
of Binghamton Park Rangers or a peace officer having reasonable cause
to believe that a person has violated this article shall issue and
serve upon such persons an appearance ticket for such violation(s).
Any person who observes a dog in violation of this article may
file a complaint under oath with a Town Justice of the Town specifying
the nature of the violation, the date thereof, a description of the
dog and the name and residence, if known, of the owner of such dog.
Such complaint may serve as the basis for enforcing the provisions
of this article.
[Amended 4-17-2012 by L.L. No. 21-2015]
A violation of this article shall be punishable either by Subsection
A or B, or both:
A. Where prosecuted pursuant to the Penal Law, by a fine of not less
than $25 or imprisonment for not more than five days, or both, except
that where the person was found to have violated this article or Article
7 of the Agriculture and Markets Law within the preceding five years,
the fine may be not less than $50 or imprisonment for not more than
10 days, or both, and where the person was found to have committed
two or more such violations within the preceding five years, it shall
be punishable by a fine of not less than $100 or imprisonment for
not more than 15 days, or both; or
B. Where prosecuted as an action to recover a civil penalty, by a civil
penalty of not less than $25, except that when the person was found
to have violated this article or Article 7 of the Agriculture and
Markets Law within the preceding five years, the civil penalty may
be not less than $50, and where the person was found to have committed
two or more such violations within the preceding five years, the civil
penalty may be not less than $100.