This article shall be known as and cited as
the "Animal Control Article" of the Town of Williamson, New York.
The purpose of this article shall be to preserve
the public peace and good order in the Town and to contribute to the
public welfare, safety and good order of its people by establishing
certain regulations and restriction on the activities of dogs that
are consistent with the rights and privileges of other residents of
the Town of Williamson.
As used in this article, the following terms
shall have the meanings indicated:
DOG CONTROL OFFICER
The person appointed by the Williamson Town Board in accordance
with Article 7 of the Agriculture and Markets Law. The term "Dog Control
Officer" as used in §§ 108 and 114 of the Agriculture
and Markets Law is to be replaced by the term "Animal Control Officer."
OWNER
The head of the household wherein a dog is harbored or kept
within the limits of the Town of Williamson whether such dog is in
all other respects treated as the property of a child or another adult
person residing with said head of household or otherwise.
RUN AT LARGE
A dog shall be deemed to be at large if not under the control
of the owner or his agent and elsewhere than on the premises of the
owner or on the premises of another who has knowledge of the dog's
presence thereon and assents thereto.
No person being the owner or agent of the owner
of any dog shall permit such dog to commit any such nuisance within
the Town of Williamson or cause damage to the personal property of
others. The following are declared public nuisances and are set forth
herein for explanatory purposes only and are not to be considered
as excluding other types of nuisances:
A. Engaging in loud howling or habitual barking or so
conducting itself in such a manner so as to disturb the public peace.
B. Chasing and/or barking at moving vehicles or persons
on foot.
C. Jumping upon any person or knocking any person over.
D. Being found upon the school grounds of any school
within the Town of Williamson during the time of year when said schools
are open and from one hour prior to commencement of the school day
to one hour after the end of the school day, or upon a playground
within said Town of Williamson at any hour during the time of year
when playground activities are conducted.
E. Running together in a pack or in any way forming a
pack of dogs. For the purpose of this article, the word "pack" is
hereby defined to mean three or more dogs.
F. Causing damage to property of others.
Any dog which shall attack any person or domestic
animal within the meaning of Article 7 of the Agriculture and Markets
Law of the State of New York shall be dealt with in accordance with
Article 7 of the Agriculture and Markets Law.
The Animal Control Officer appointed by the
Williamson Town Board shall have the duty of enforcing this article
and maintaining the dog pound in addition to other duties that may
be assigned to him by the Agriculture and Markets Law. He shall have
authority to investigate and to report to the Town Justice all complaints
delivered to him, and he shall also make any investigation requested
by the Town Justice in regard to complaints filed with the Town Justice.
The appointment of such Animal Control Officer, however, shall in
no way be interpreted to limit the rights of others to enforce this
article and take advantage of the provisions herein. The Animal Control
Officer is empowered to issue, pursuant to the Criminal Procedure
Law regarding violations of this chapter, appearance tickets and such
other accusatory instruments as provided in § 114 of the
Agriculture and Markets Law.
The violation for §
58-8 or §
58-9 of this article shall be deemed an offense, and a violation thereof shall be punished by a fine of not less than $10 nor more than $25 or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment; and a subsequent failure to pay the fines as set forth in §
58-11 shall be deemed an offense, and such violation thereof shall be punishable by a fine of not less than $25 nor more than $100 or by imprisonment for not exceeding 30 days, or by both such find and imprisonment.