[Adopted 12-12-1995]
This article shall be known and may be cited
as the "Dog Control Ordinance of the Town of Geneva."
The purpose of this article shall be to preserve
the public peace and good order in the Town of Geneva and to contribute
to the public welfare, safety and good order of its people by enforcing
certain restrictions on the activities of dogs, consistent with the
rights and privileges of the owners of dogs and of the other citizens
of the Town of Geneva.
As used in this article, the following terms
shall have the meanings indicated:
Any dog shall be deemed to be at large if not accompanied
by a person who:
Is in full control of the dog;
Is providing restraint of the dog by secure
leash or lead; or
Has confined the dog to an enclosure, such as
a cage or motor vehicle, in such a manner that the dog may not roam
freely upon public or private lands elsewhere than on the premises
of the owner or on the premises of another responsible person who
has knowledge of the dog's presence and who assents thereto.
Any member of the species Canis familiaris.
Any person who owns, keeps, harbors or has the care, custody
or control of a dog. Dogs owned by minors under 18 years of age shall
be deemed to be in the custody and control of parents or other heads
of the households where the minors reside. Any person harboring a
dog for a period of one week prior to the filing of any complaint
charging a violation of this article shall be deemed to be the owner
of the dog for the purposes of this article.
A.
No person shall permit a dog to be at large within
the limits of the Town of Geneva.
B.
No dog shall be at large within the limits of the
Town of Geneva.
C.
Every female dog in heat shall be confined in a building
or secure enclosure in such a manner that such female dog cannot come
into contact with with another animal except for planned breeding.
The provisions of this article may be enforced
by any person, municipality or organization for the prevention of
cruelty to animals, appointed by law by or pursuant to contract with
the Town of Geneva.
Any person or entity authorized to enforce this
article may issue appearance tickets therefor, pursuant to the Criminal
Procedure Law, may issue said tickets for any violation of Article
7 of the Agriculture and Markets Law of the State of New York and
is hereby authorized to serve any process relating to any proceeding,
whether civil or criminal in nature, in accordance with the provisions
of this article. In the event that an appearance ticket is unanswered,
the Justice Court shall permit the filing of an information from the
appropriate enforcement person and issue a warrant of arrest for the
alleged violator.
Any dog found to be at large in the Town of
Geneva shall be seized and properly fed and cared for until redeemed
or disposed of in accordance with the provisions of the Agriculture
and Markets Law. Each such dog shall be held for a period of five
to nine days, in accordance with the provisions of § 118
of the Agriculture and Markets Law. Upon presentation of a valid license,
and upon payment of the impoundment fees established by the town,
an owner may redeem such dog. In the event that a dog is not redeemed
within the statutory time period, an owner forfeits title to said
dog, which shall then be made available for adoption or euthanized
in accordance with law. The seizure of any dog shall not relieve any
person of prosecution for violation of this article.
Any person found to have permitted any dog to
be at large in the Town of Geneva shall be issued an appearance ticket
for violation of this article, and shall be prosecuted in the manner
herein provided.
Pursuant to the Penal Law of the State of New
York, a violation of this article shall be punishable by a fine of
not more than $25, 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 more than
$50 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 more than $100 or imprisonment for not more than
15 days, or both.
