[Adopted 11-12-2001 by L.L. No. 2-2001]
This article shall be known and may be cited
as the “South Bristol Dog Control Law.”
The purpose of this article shall be to preserve
the public peace and good order in the Town of South Bristol 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 South Bristol.
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, elsewhere than on the premises of the owner or another
who has knowledge and assents thereto, who:
A dog which is responsive to the command, signal or order
of the owner.
Any member of the species Canis familiaris.
To provide food or shelter to any dog.
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 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 South Bristol.
B.
No dog shall be at large within the limits of the
Town of South Bristol, but a dog or dogs hunting in company with a
person lawfully hunting shall be deemed to be not at large.
C.
No dog shall be permitted to cause damage or destruction
to property, or to commit a nuisance upon the premises of a person
other than the owner or person harboring such dog.
D.
No dog while at large shall be permitted to bite,
chase or otherwise harass any person or livestock in such a manner
as reasonably causes intimidation or puts such person in reasonable
apprehension of bodily harm or injury.
E.
No dog shall be permitted to engage in loud howling or habitual barking
or baying or to conduct itself in such a manner as to annoy any reasonable
person other than the owner or person harboring such dog.
[Added 4-14-2015 by L.L.
No. 1-2015]
A.
Enforcement officers. The provisions of this article
may be enforced by any police or peace officer, or any person, municipality,
or organization for the prevention of cruelty to animals, appointed
by law or pursuant to contract with the Town of South Bristol.
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 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.
C.
Seizure. Any dog found to be at large in the Town
of South Bristol 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 aforesaid section, an owner may redeem such dog. In the event
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.
No action shall be maintained to recover the possession or value of
the dog or for damages for injury to or for compensation for destruction
of a dog destroyed pursuant to the provisions of this article.
D.
Commencement of proceedings. Any person found to have
permitted any dog to be at large or violate other restrictions of
this article in the Town of South Bristol shall be issued an appearance
ticket for violation of this article and shall be prosecuted in the
manner herein provided.
E.
Prosecution of violations. 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:
(1)
Where the person was found to have violated this article
or article of the Agriculture and Markets Law within the preceding
five years, the fine may not be more than $100; and
(2)
Where the person was found to have committed two or
more such violations within the preceding five years, he/she shall
be punishable by a fine of not more than $250.
[Amended 6-14-2021 by L.L. No. 3-2021]
