This article shall be known as "Control of Dogs."
It is the purpose and intent of this article
to preserve the good order of the Town of Owego and the public peace
and to contribute to the protection of the health, safety and general
welfare of the inhabitants of the Town of Owego by declaring and maintaining
certain regulations and restrictions on activities of dogs and owners
of dogs within the Town. This article is enacted pursuant to the authority
conferred upon the Town Board pursuant to § 130, Subdivision
9, of the Town Law and Article 7 of the Agriculture and Markets Law
of the State of New York, and other applicable statutes pertaining
thereto.
As used in this chapter, the following terms
shall have the meanings indicated:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this chapter, as amended by
this chapter, and as thereafter amended.
[Added 12-7-2010 by L.L. No. 5-2010]
An unleashed and/or otherwise unrestrained dog in or on any
property other than that of its owner or of person(s) consenting to
the dog's presence.
The person or persons appointed by the Town of Owego for
the purpose of assisting with the control of dogs and enforcing dog
control provisions.
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and state, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
[Added 12-7-2010 by L.L. No. 5-2010]
That the dog is equipped with a collar or harness to which
is attached a leash, both collar or harness and the leash to be of
sufficient strength to restrain the dog, and which leash shall be
held by a person having the ability to control and restrain the dog
by means of the collar or harness and the leash.
That the dog is kept in a kennel, fenced yard, training crate,
automobile or any other area that prohibits the dog from being deemed
at large.
Includes any person who owns, keeps, harbors or has the care,
custody or control of a dog. Dogs owned by minors shall be deemed
to be in the custody and control of the minor's parents or other head
of the household where the minor resides.
The person in whose name a dog was last licensed pursuant
to this chapter.
[Added 12-7-2010 by L.L. No. 5-2010]
A person, partnership, corporation, association or organized
group of persons, business entity, municipality, or other legal entity.
[Added 12-7-2010 by L.L. No. 5-2010]
An individual who maintains a residence within the Town of
Owego, County of Tioga, State of New York.
[Added 12-7-2010 by L.L. No. 5-2010]
The Town of Owego, County of Tioga, State of New York.
[Added 12-7-2010 by L.L. No. 5-2010]
An owner of any dog in the Town of Owego shall
be legally responsible for such dog and shall ensure compliance with
all provisions of this article. An owner who fails to ensure such
compliance is guilty of a violation of this article.
Dogs in the Town of Owego are not permitted
to:
A.
Be at large in any public place (e.g., road, alley,
park, or square) or any private property other than that of the owner
or other consenting property owner(s);
B.
Engage in a pattern of habitual and repetitious loud howling or barking
or to conduct itself in such a manner so as to unreasonably and habitually
annoy any person.
[Amended 8-16-2022 by L.L. No. 7-2022]
(1)
It shall constitute a violation of this subsection if the howling
or barking is continuous and is audible beyond the property line of
the premises on which the dog is located:
(a)
For more than five minutes between the hours of 10:00 p.m. and
8:00 a.m.; or
(b)
For more than 10 minutes between the hours of 8:00 a.m. and
10:00 p.m.; or
(c)
For any duration other than cited above, on at least five separate
occurrences within a ten-day period, if attested to by complainants
from two or more abutting or adjoining properties.
(d)
Dogs engaged in the herding of domestic animals are exempt from
this section.
(2)
It shall be a defense to any such violation if the owner of a dog
proves by a preponderance of the evidence that the only reason the
dog was howling or barking was that the dog was being incited, or
was acting as a guide dog, hearing dog, service dog or police dog.
C.
Cause damage or destruction to the property or premises
not belonging to the owner. For the purpose of this article, "damage"
includes committing nuisances such as defecation;
D.
Chase or otherwise worry a person so as to put that
person in reasonable fear of immediate bodily harm or injury, provided
that such person is peaceably conducting himself or herself in a place
where he or she may lawfully be; or
E.
Be kept unleashed or unrestrained if such dog has,
without justification, previously bitten, attacked, threatened or
inflicted physical injury on a person on public or private property
or, when unprovoked, has chased or harassed a person on public grounds.
[Added 9-17-2013 by L.L. No. 2-2013]
A.
The Hickories Dog Park (hereinafter referred to as the "Dog Park") is an off-leash fenced dog park located in the Hickories Park that is open to the general public. The Dog Park is a recreational area that provides the public with a safe and welcoming location for dog owners and other members of the public to utilize and enjoy the amenities the Dog Park offers. Persons who lawfully own a dog or dogs are welcome to bring their dog or dogs to the Dog Park. Use of the Dog Park is subject to the Dog Park rules and regulations contained in Subsection C below, the rules and regulations contained in this article, and other applicable local and state laws, including, but not limited to, Article 7 of the Agriculture and Markets Law of the State of New York or any other pertinent articles thereof.
B.
The Dog Park shall be open daily from 7:00 a.m. until dusk or while
the Hickories Park is open. In the event Hickories Park closes for
any reason, the Dog Park will also be closed. Maximum capacity shall
not exceed 20 dogs at any one time per area of the Dog Park.
C.
Dog Park rules and regulations.
(1)
Users of the Dog Park do so at their own risk of injury to themselves
and their dog or dogs.
(2)
Users of the Dog Park shall be responsible for injuries caused by
themselves or by their dog or dogs to other users and/or owners or
to other dogs. Persons responsible for any such injuries or property
damage shall hold the Town of Owego harmless and indemnify same against
any such injuries or property damage. Any person causing damage to
property of the Town of Owego may be held liable to the Town of Owego
for damages and/or may be prosecuted.
(3)
Users of the Dog Park must pick up after their dog or dogs and dispose
of dog waste in the designated receptacles.
(4)
Users of the Dog Park must be 18 years of age or older. No children
under the age of 18 are allowed within the Dog Park unless they are
accompanied by an adult. Children under the age of 18 are not permitted
to handle dogs in the Dog Park. Children under the age of eight are
not permitted in the Dog Park.
(5)
There shall be a limit of two dogs per user per visit.
(6)
No puppies are allowed in the Dog Park under the age of four months
old. Female dogs in heat are prohibited. Dogs that are aggressive
towards people or other dogs are prohibited from the Dog Park. Dogs
that have been adjudicated as "dangerous dogs" are prohibited. Any
aggressive behavior by a dog that is reported or observed will result
in immediate removal of the dog from the Dog Park.
(7)
All dogs must be licensed in accordance with the laws of the State
of New York and must have displayed a license tag from the licensing
municipality. If the user of the Dog Park is an out-of-state resident,
the user or dog owner must provide documentation showing that the
dog is properly licensed in that state. All dogs must have proper
vaccinations for rabies and must display a rabies identification tag.
If the dog does not have a rabies tag, the user or dog owner must
provide rabies certification upon request. Dog owners are encouraged
to vaccinate their dog or dogs against viruses, including, but not
limited to, parvovirus, distemper, and leptospirosis.
(8)
No choke, prong or spike collars are allowed on dogs in the Dog Park.
(9)
No animals other than dogs may be brought into the Dog Park.
(10)
Dogs shall not be left unattended inside or outside the Dog Park.
Dogs shall not be left unattended in motor vehicles.
(11)
All users of the Dog Park must keep their dog or dogs under their
immediate control at all times inside the Dog Park and must have a
leash readily available. The user/owner must immediately leash their
dog or dogs at the first sign of aggressive behavior toward any person
or other dog. If a user/owner fails to maintain control over his/her
dog or dogs, said dog or dogs must be immediately removed from the
Dog Park.
(12)
Users of the Dog Park must prevent their dog or dogs from digging
holes within the park or digging under the fence. Users or dog owners
are responsible for filling any holes caused by their dog or dogs.
(13)
Dogs must be leashed when entering and exiting the Dog Park. Dogs must remain leashed at all times outside the Dog Park in accordance with the Town of Owego leash law (§ 46-5 of Town of Owego Town Code).
(14)
No food, alcoholic beverages, glass containers, strollers, bicycles,
skateboards, roller blades will be allowed in the Dog Park. Littering
and smoking are strictly prohibited.
(15)
Professional dog trainers/behaviorists and dog walkers are not permitted
to use the Dog Park to conduct their business unless they are participating
in a park-sponsored program approved by the Town of Owego. Anyone
wishing to hold a special event at the Dog Park must first obtain
approval from the Town of Owego.
(16)
Users and dogs creating a disturbance or violating rules of the Dog
Park must immediately leave the Dog Park if requested by law enforcement
personnel, park personnel or their designated agents.
(17)
There shall be one area designated for use for small dogs and one
area designated for large dogs within the Dog Park. Small dogs are
considered any dog weighing 25 pounds or less. Subject to the objection
of any user/owner, a small dog may be allowed to enter the large dog
area if that dog is comfortable being among large dogs. Large dogs
are not allowed in the small dog area.
(18)
All gates to the Dog Park must be closed at all times after entering
or leaving.
(19)
All dog bites must be reported to the Town of Owego Animal Control
Department at 607-687-0123 extension 405 or by contacting the Tioga
County Sheriff's office at 607-687-1010. If a bite occurs, the dog
owner must exchange his or her name and phone number with the other
dog owner.
(20)
The Town of Owego reserves the right to close the Dog Park in its
sole discretion at any time without notice.
D.
Enforcement of the above rules and regulations is under the immediate supervision of the Town of Owego Animal Control Officer. Violators of the Dog Park rules and regulations may be subject to one or more of the following: removal from the Dog Park, suspension of Dog Park privileges, and/or penalties as provided for in this article, Tioga County Law, Article 7, § 119, Subsections (a), (b) and (c), of the State of New York Agriculture and Markets Law as well as § 121 of the State of New York Agriculture and Markets Law and § 2145 of the New York State Public Health Law, Title IV, Article 21.
[1]
Editor's Note: Former § 46-6, Invisible
fencing, was repealed 3-18-2003 by L.L. No. 2-2003.
A.
Any owner of a dog which is reasonably suspected to
have rabies due to exhibited signs of rabies or interaction with or
exposure to another rabid animal shall promptly notify the Town of
Owego Dog Control Officer and the Tioga County Environmental Health
Department and shall comply promptly and strictly with any and all
directions given by the Tioga County Health Department regarding the
observation and care of said dog by a veterinarian or the confinement,
immunization or other legal disposition of such dog, under applicable
state and local laws, rules and regulations.
B.
The Town of Owego Dog Control Officer or any police
officer is hereby authorized to seize or direct the confinement of
any dog that is reported to have rabies.
The Dog Control Officer appointed by the Owego
Town Board shall enforce the provisions of this article.
A.
The Town Board hereby authorizes the issuance of appearance
tickets for violations of Article 7 of the Agriculture and Markets
Law, of this article or of any other articles relating to the licensing,
identification and control of dogs. The appearance ticket may be served
either in person or by mail and shall be presented in the form prescribed
by Town Board resolution in accordance with the provisions of Article
7 of the Agricultural and Markets Law and this article.
B.
Any person who observes or has knowledge of a dog
causing damage or destruction to the property of any person other
than its owner, committing a nuisance, including defecation, on premises
other than its owner's, or committing an act prohibited by this article
and other dog control related articles may file an information under
oath with an Owego Town Justice specifying the prohibited conduct
of the dog, the date thereof, any damage caused, a description of
the dog and, if known, the name and residence of the owner of said
dog.
C.
An enforcing official who observes, has knowledge
of or has evidence of a violation of Article 7 of the Agriculture
and Markets Law, of this article or of any other articles relating
to the licensing, identification and control of dogs may issue and
serve an appearance ticket for such violation.
D.
An answer to such appearance ticket shall be made
within five days of the violation either in person or by mail in lieu
of a personal appearance on a return date at the time and court specified
in the appearance ticket.
The sections, paragraphs, sentences, clauses
and phrases of this article are severable, and if any such portion
shall be declared invalid, the remainder of the article shall not
be affected.
[Amended 11-3-2021 by L.L. No. 2-2021]
Any person who fails to comply with the provisions
of this chapter or knowingly allows the noncompliance of this article
or any of the provisions thereof shall be deemed to have committed
a violation against this article, and any person convicted of such
violation shall be assessed a civil penalty of not more than $250.
