[Adopted 3-7-1994 by L.L. No. 1-1994]
This article shall be known and may be cited
as "Local Law No. 1 of 1994 (Dog Control Law of the Town of Phelps,
Ontario County, New York)."
The purpose of this article shall be to preserve
the public peace and good order in the Town of Phelps 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 Phelps.
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 the 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.
This article shall apply to the territorial
limits of the Town of Phelps, excepting only that property located
in the Villages of Phelps and Clifton Springs.
A.
No person shall permit a dog to be at large within
the limits of the Town of Phelps.
B.
No dog shall be at large within the limits of the
Town of Phelps.
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 another animal except for planned breeding.
A.
Enforcement officers. The provisions of this article
may be enforced by any person, or organization for the prevention
of cruelty to animals, appointed by law by, or pursuant to contract
with, the Town of Phelps.
B.
Appearance tickets and process. 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 Court Justice shall permit the filing of
an information from the appropriate enforcement person and issue a
warrant of arrest for the alleged violator.
C.
Seizure. Any dog found to be at large in the Town
of Phelps shall be seized and properly fed and cared for until redeemed
or disposed of in accordance with the provisions of the Agricultural
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 aforesaid
section, 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.
D.
Commencement of proceedings. Any person found to have
permitted any dog to be at large in the Town of Phelps shall be issued
an appearance ticket for violation of this article and shall be prosecuted
in the manner herein provided.
E.
Prosecution of violation. 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.
